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JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
VI.
NO: 94-4621 CIVIL TERM
NELLS FOOD STORES and
SVANO ASCANI,
Defendant
NQILC.E
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
FOURTH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO: 94.4621 CIVIL TERM
JOANNE H. PAINTER,
VI.
NELLS FOOD STORES and
SVANO ASCANI,
Defendant
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AND NOW, comes Joanne H. Painter, Plaintiff in the above-captioned action, by her
attorneys, Flower, Morgenthal, Flower & Lindsay, and states the following causes of action against
Defendants:
1. Plaintiff is Joanne H. Painter, an adult Individual residing at 105 East Main Street, P.O.
Box 65, Plainfield, Pennsylvania 17081.
2. Defendant, Neils Food Stores, is a Pennsylvania corporation having a principal place
of business at Stonehedge Plaza, 950 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania 17013.
3. Defendant, Svano Ascanl, is an adult individual whose present or last known address
Is 500 Cambria Avenue, Harrisburg, Dauphin County, Pennsylvania.
4. At all times relevant hereto, Defendant, Svano Ascani, has been the store manager
of Defendant, Neils Food Stores at the Stonehedge Plaza location, 950 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania.
5. On August 17, 1993, Plaintiff went to Defendant Neils Food Stores, to shop for
groceries and other items, accompanied by a friend, Jill Wilkins, and their children.
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6. Plaintiff, prior to August 17, 1993, had been a regular customer at Defendant Neils
Food Stores.
7. After Plaintiff and her friend had selected their desired groceries and other Items for
purchase, they went to the check-outline, with Jill Wilkins, proceeding through the line first.
8. After Jill Wilkins had completed checking out and paid her bill, she waited with the
women's children as Plaintiff presented her purchased items for payment.
9. At the beginning of the check-out process, Plaintiff Informed the check.out clerk,
believed to be named Rachel, that Plaintiff had both food stamps and coupons to be credited
against the purchase.
10. The cierk totaled the groceries and informed Plaintiff of the amount due as reflected
on the cash register tape.
11. Plaintiff realized that the food stamps had not been credited, so at Plaintiff's request,
the clerk re-totalled the groceries and Plaintiff gave the food stamps to the clerk.
12. After giving the clerk the food stamps, Plaintiff asked the cierk whether the coupons
had been credited in the total (and after once more examining the cash register tape), the cierk
told Plaintiff that she should not owe as much as shown by the receipt.
13. At that point, the clerk, Rachel, called the head cashier, to come to her aisle and the
two discussed the receipt; the name of the head cashier is believed to be Jody Minnich.
14. As Plaintiff continued to wait at the check-out point, the clerk and head cashier
discussed the register receipt for 5 to 10 minutes, after which the head cashier took the receipt
over to the main store desk, which is located near the check-out aisles.
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15. At the main desk, the head cashier conferred with unknown store employees for
another 10.15 minutes, during which Plaintiff continued to wait at the check-out aisle.
16. After said discussions, the head cashier returned to the check-out aisle, handed the
clerk a doliar food stamp coupon, and told the clerk that Defendant Neils Food Stores owed
Plaintiff a dollar food stamp in change.
17. At that point, the clerk began to question the determination, but the head cashier cut
off her question In an angry manner, repeating that Plaintiff was owed a dollar food stamp coupon.
18. In compliance with the head cashier's orders, the clerk gave the Plaintiff the dollar
food stamp and the register receipt.
19. At that point, Plaintiff, who had observed the angry discussion between the clerk and
the head cashier, questioned the head cashier's determination because she believed that she
should actually owe more money than she had paid; but Plaintiff was once again reassured by the
head cashier that she was owed a doliar food stamp coupon in change.
20. At that point, after having waited at the cher:k-out aisie for neariy 1/2 hour after the
groceries had been totaled, acquiesced in the determination of the head cashier.
21. Piaintiff's groceries were bagged, and a bag-boy, employed by Defendant Neils Food
Stores, helped Plaintiff carry her groceries to her car, and Plaintiff and the bag boy placed the
groceries in the car trunk.
22. During the process of placing the bagged groceries into her car trunk, Plaintiff
inadvertentiy also placed her car keys in the trunk, which was then closed, locking the keys inside.
23. After realizing that her car keys were in the trunk, Piaintiff, Jill Wilkins, and their
children, re-entered the store, where Piainliff approached the main desk and asked to use the
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telephone. After an unsuccessful attempt to call her husband, to oblain an alternate set of keys,
Plaintiff calied several locksmiths unlil she found one who would come to open the car trunk.
24. While at the main desk of Defendant Neils Food Stores, and calling several
locksmiths, Plaintiff was approached by the head cashier (who had ordered the doliar food stamp
refund) who stated: "you didn't pay your bill."
25. Shocked and surprised by that statement, Plaintiff showed the cash register receipt
to the head cashier, stating that she had in fact paid her bill, and furthermore, reminded the head
cashier that it was the head cashier herself who had determined what Plaintiff owed.
26. Ignoring Plaintiff's explanation, the head cashier stated that Plaintiff had not paid for
cigarettes she had purchased and told Piaintiff that Plaintiff owed $24.00.
27. In response, Plaintiff pointed out to the head cashier that the cigarettes purchased
did not total $24.00, but the head cashier continued to voice her assertion that Plaintiff owed
$24.00 without giving a further explanation.
28. After briefly continuing the discussion with the head cashier, Plaintiff, who was by now
confused and suspicious of the head cashier's arbitrary assertion, and remembering the treatment
of the check-out clerk by the head cashier, requested that she be allowed to continue searching
for a locksmith. Plaintiff stated that she was willing to work out the discrepancy, if there was one,
but the head cashier abruptly left the area while continuing to examine the register receipt.
29. Finally, Plaintiff was successful in having a locksmith come to the parking lot of
Defendant Neils Food Stores to open the car trunk, but because of a severe thunderstorm, Plaintiff,
Jill Wilkins and their children, waited in the mezzanine portion of the store.
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30. While waiting in the mezzanine portion of Defendant, Neils Food Store during the
thunderstorm, Plaintiff became aware that a number of employees of Defendant Neils Food Store
were staring at her and quite clearly talking about her.
31. At the same time, Plaintiff observed the head cashier speaking with a man who
appeared to be a manager or supervisor, In the same general section of the store where Plaintiff
waited, 10 or 15 feet away from Plaintiff.
32. Plaintiff could not overhear the conversation between the head cashier and the
supervisor or manager, but it was apparent that they were discussing her; and at the conclusion
of that discussion, the manager or supervisor, shrugging his shoulders and spreading his arms
apart said "there is nothing we can do" and walked away.
33. Due to the aforementioned thunderstorm, a number of other Neils' customers were
waiting In the entry section of the store, near Plaintiff and her friend and children. To protect the
customers from the rain, a defendant of Neils Food Stores was holding the automatic doors closed
in order to stop the wind from blowing wind into the store. Plaintiff, talking to Jill Wilkins, stated
that they and their children would need to run to the car because of the rain. In an apparent
response to Plaintiff's innocent statement to Jill Wilkins, the Neils' employee holding the doors,
under his breath, but in a voice loud enough to be heard generally by those present, said, "I'd run
too If I hadn't paid for my groceries."
34. Plaintiff overheard the statement as did a number of the other customers who turned
toward her. In addition, another customer who was an acquittance of Plaintiff, approached Plaintiff
asking why the Neils' employee had made such a statement.
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35. As a result of the employee's statement and the attention it focused upon her from
other customers, Plaintiff was extremely embarrassed and shocked by the comment.
36. No employee of Defendant Neils Food Stores approached Plaintiff Immediately after
the comment was made to discuss the matter with her further, although she was aware that she
was still being discussed by various employees by the way they looked at her.
37. After the locksmith had finally opened Plaintiff's car trunk and retrieved her keys,
Plaintiff drove the car to the front loading area of the store to pick up her children and her friend.
38. After the children were in the car, and as Plaintiff began to drive away, another
cashier, an employee of Defendant Neils Food Stores, suddenly approached the car and through
the window asked Plaintiff if she was going to pay her bill.
39. By this time, Plaintiff, thoroughly disgusted with the shoddy treatment she was
receiving from the employees of Defendant, Neils Food Stores, informed the cashier that she had
paid, but that she was in the store on an almost daily basis and would be willing to discuss the
situation some other day; and without further conversation, Plaintiff drove away from the store and
proceeded to her home.
40. The next day, August 18, 1993, after attending some morning classes, Plaintiff, who
was still disturbed by the events of the previous day, decided that she would stop at Defendant
Neils Food Stores to discuss the matter with someone in charge; but before going to the store,
she went home to complete a few household chores.
41. While she was home doing said chores, Plaintiff heard a knock on her door, looked
out the window and saw a young boy in a van, parked in front of her home; and at the door,
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Plaintiff recognized Defendant, Svano Ascanl, whom she knew to be the manager of Defendant
Neils Food Stores at the Stonehedge Mall location.
42. Plaintiff answered the door, and Defendant, Svano Ascani, in a hostile and aggressive
manner, Immediately began accusing Plaintiff of not paying her bill and claiming that she owed
$22.00, instead of the $24.00 claimed to be owed by the head cashier.
43. Confused by the changed total of the demand made by Defendants, Plaintiff asked
Defendant, Svano Ascanl, to explain the discrepancy but he did not do so In a satisfactory manner.
44. Defendant, Svano Ascani, continued to speak with Plaintiff in a hostile and aggressive
manner, and the discussion between them became more and more heated. Defendant, Ascani,
finally stated that Plaintiff had four (4) days to pay the bill, and if the bill was paid in four (4) days,
the amount owed would only be $18.00, which he said was the amount the cashier was short at
the end of the previous day. Defendant, Svano Ascani, further threatened that if Plaintiff did not
pay, "I can make a lot of trouble for you, I am sure you don't want that."
45. Plaintiff asked Defendant, Svano Ascani, if his statement was a threat, after which he
replied that he was willing to call the food stamp office and falsely claim that Plaintiff had attempted
to buy cigarettes with food stamps, thereby threatening Plaintiff's eligibility for food stamps; and
in addition, he stated that, if she did not pay, he would file a report with the Pennsyivania State
Police. At that point, extremely upset by Defendant, Svano Ascani's comments and threats,
Plaintiff decided to end the conversation, and she shut her front door. However, Defendant, Svano
Ascani, did not leave, instead striking the door and yelling in a loud voice, clearly audible to
anyone in the surrounding area, that he would "make trouble," "take you to court," and "call the
police." Plaintiff kept the door closed and finally Defendant, Svano Ascani, left the residence.
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46. Fifteen to thirty minutes after Defendant, Svano Ascanl, departed her residence, and
after Plaintiff had gone outside to play with her children In the front yard of her residence, a
Pennsylvania State Police officer approached Piaintiff, Informing that Defendant Neils Food Stores,
had charged her with retail theft; and further, the officer stated to Piaintiff that she could either pay
her bill to Neils Food Stores or he would be forced to place her In custody.
47. Plaintiff confused with the officer's demand, and shepherding her children inside,
sought refuge In her home, after which the officer began pounding on the front door, stating that
he would have to arrest her if she did not comply with his orders.
48. During these events, Plaintiff's children, who were with her in the home, became
terrified and confused by the incident, perhaps fearing that they would also be arrested.
49. In response to the officer's actions, Plaintiff telephoned the Pennsylvania State Police
Barracks at Carlisle, which dispatched another officer to the scene; upon arrival, the second officer
presented Plaintiff with a Summons and both officers then departed.
50. Following this incident, although extremely distraught, fearful, embarrassed, and
confused, Plaintiff nevertheless attempted to reconcile the dispute without resort to the legal
system, returning to Defendant Neils Food Stores, and attempted to see a manager; however, a
manager was unavailable, she was told.
51. The following day, August 19, 1993, Defendant, Svano Ascani, telephoned Plaintiff
and stated that he would be willing to forget the incident if Plaintiff would pay the $18.00.
52. By now, completely overwhelmed by the events of the previous two days, Plaintiff
went to Neils on August 20,1993 to pay the $18.00; but upon going to the main desk of the store,
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she was told that the manager was not available and that In any case, she owed $26.00, again
without receiving any explanation of the change in demand.
53. Having been turned away by Defendant Neils Food Stores, on each of three separate
attempts to end the dispute amicably, that Is by capitulating to the change In demands, Plaintiff
retained counsel and attended a District Justice hearing on the retail theft charges.
54. The citation Issued by Trooper Daniel Housel on the charges brought by Defendant,
charged Defendant with retail theft under the Pennsylvania Crimes Code, stating, as to the nature
of the offence, that "Plaintiff did remove groceries from Defendant Neils Food Stores without paying
the balance of $24.93." Said citation therefore stated yet another amount claimed to be due,
without explanation. A copy of said citation is attached hereto, made a part hereof and marked
Exhibit "A."
55. As a result of the charges against her, the Plaintiff was required to go to the Carlisle
State Police Barracks and be fingerprinted.
56. On May 23, 1994, after an unexplained delay in the prosecution, a hearing was held
before District Justice Susan K. Day at her office at 229 Mill Street, Mt. Holly Springs, Cumberland
County, Pennsylvania. Defendant, Svano Ascani, head cashier, Jody Minnich, Trooper Daniel
Housel, and other witnesses were present on behalf of Defendant Neils Food Stores; but after
hearing their testimony, District Justice Day dismissed all charges against Plaintiff, finding her not
guilty.
57. After District Justice Day announced her verdict acquitting Plaintiff of all charges,
Defendant, Svano Ascani, on his way out of the courtroom, stated loudly to those present that
Plaintiff "does this for a living." Persons present who heard this comment included Plaintiff's
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witness, Jill Painter, Plaintiff's counsel, and numerous members of the general public who were in
the District Justice's office awaiting other hearings. Once more, Plaintiff was extremely hurt and
embarrassed by Defendant, Ascani's comment.
58. Despite all of the foregoing, Plaintiff returned to shop at Defendant Neils Food Stores
because It was, at that time, the most convenient large food store to her home. Each time she
shopped there, she was stared at, followed, and made to feel like a criminal by the Neils'
employees present, who Plaintiff believed had been instructed to watch her.
59. Since the aforementioned District Justice hearing, Piaintiff has sought employment
on many occasions from prospective employers such as post offices in Mechanicsburg and
Carlisle, but after successfully completing several interviews with each employer, and believing
herself about to be hired, Plaintiff has suddenly been turned down for employment without
explanation; and she believes and therefore avers that the record of criminal proceedings brought
by Defendants Is the reason for her rejections.
60. During a conversation with District Justice Day and Plaintiff's counsel, during or
immediately after Plaintiff's acquittal, Trooper Housel acknowledged that retail theft charges were
not appropriate based upon the evidence produced at the hearing by Defendants.
WHEREFORE, Plaintiff demands judgment against Defendants in an unliquidated amount,
which amount does exceed the jurisdictional amount requiring arbitration referral by Cumberland
County Local Rules.
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COUNT I
Malicious Prosecution
61. Paragraphs 1 through 60 as set forth above are incorporated herein by reference.
62. On or about August 18, 1993, Defendants, acting through Defendant, Svano Ascani,
made, and or swore to, certain criminal allegations in which Defendants falsely, maliciously, and
with no probable cause accused Plaintiff of having committed the crime of retail theft.
63. On August 18, 1993, a citation was delivered to Piaintiff on the charge of retail theft,
Issued by Trooper Daniel J. Housel, Pennsyivania State Police, through Susan K. Day, District
Justice, which resulted In a hearing before District Justice Day on May 23, 1994. At said hearing,
Plaintiff was promptly and fully discharged of any liability for, or implication in, the crime of retail
theft as charged by Defendants.
64. Defendants' acquisitions and complaints, and each and every allegation thereof,
were, and are, false, malicious, and without probable cause.
65. By reason of the said acquisilions and complaints, Plaintiff has been injured in
Plaintiff's good name, has suffered humiliation and mental distress, has been subjected to Insult,
and has incurred expenses in defending herself against Defendants' malicious and unfounded
charges.
66. Plaintiff has incurred attorney's fees and other expenses in defending herself against
Defendants' malicious and unfounded charges, in the amount of $5,000, which remains unpaid.
67. Defendants have acted maliciously and with the intent to injure Plaintiff in Plaintiff's
good name and reputation.
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WHEREFORE, Plaintiff demands judgment against Defendants In an unliquidated amount,
which amount does exceed the jurisdictional amount requiring arbitration referral by Cumberland
County Local Rules.
COUNT II
Defamation Per Se
68. Paragraphs 1 through 67 above are incorporated herein by reference.
69. Plaintiff is a good, true, honest and virtuous inhabitant of this Commonwealth, and
as such from the time of her birth to now, has behaved herself in a lawful manner, never
committing retail theft or any other criminal offense, until the time of Defendants' uttering the false,
scandalous, malicious and defamatory words above described. Plaintiff maintained a reputation
of good name, by reason of which she had gained the respect and esteem of her neighbors and
other good citizens.
70. Nevertheless, Defendants, through their various employees, contrived not only to
deprive Plaintiff of her good name and reputation, and to bring her into scandal and disrepute
among her neighbors, but also to subject Plaintiff to prosecution and punishment for retail theft,
on the 18th day of August, 1993, in the afternoon, in the township of South Middleton, Cumberland
County, to Plaintiff and in her presence and in the presence and hearing of Jill Wilkins and diverse
other persons, did speak and publish acquisitions against Plaintiff that she had committed the
crime of retail theft.
71. Plaintiff says that she is not guilty of the crime of retail theft, as charged by the
Defendants' false, scandalous and defamatory words, but that the words and statements by
Defendants' employees are untrue, and were known by Defendants to be untrue when uttered.
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72. Defendants are a company or person of a parent respectability whose position In the
community Is calculated to give credit to the utterances and charges made. Defendants
compounded the Injury by enlisting the support of Pennsylvania State Police officers as above-
described.
73. As a result, Plaintiff has not only been hurt and injured in her good name and
reputation aforesaid, and brought into disgrace and disrepute among her neighbors and diverse
other persons, who were led to believe, upon the uttering of the defamatory statements, that
Plaintiff was guilty of retail theft; and Plaintiff's reputation has been damaged to the extent that she
has been unable to obtain employment for which she is otherwise qualified.
WHEREFORE, Plaintiff demands judgment against Defendants in an unliquidated amount,
which amount does exceed the jurisdictional amount requiring arbitration referral by Cumberland
County Local Rules.
COUNT III
Invasion of Prlvacv
74. Paragraphs 1 through 74 above are Incorporated herein by reference.
75. Without justification of their various employees and subordinates, Defendants, without
cause or justification, through statements both oral and written, communicated to the public at
large, including but not limited to many customers in Defendant's store on August 17, 1993, that
Plaintiff was accused of the serious crime of relailtheft or other improper actions with regard to
non-payment of a grocery store bill.
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76. The actions of Defendants through their employees intentionally intruded upon the
Plaintiff's solitude, seclusion and private affairs In such a manner that It would be highly offensive
to any reasonable person.
77. As a result of the actions of Defendants through their employees, Plaintiff became
the center of attention among store customers as well as members of her residential area and
continued to be so conspicuously regarded for a substantial period of time.
WHEREFORE, Plaintiff demands judgment against Defendants In an unliquidated amount,
which amount does exceed the jurisdictional amount requiring arbitration referral by Cumberland
County Local Rules.
COUNT IV
Intentional Inlllctlon of Emotional Distress
78. Paragraphs 1 through 78 above are incorporated herein by reference.
79. The actions of Defendants, including singling out and drawing attention to Plaintiff in
Defendants' store as an alleged thief; creating a disorderly scene through loud talking, persistent
pounding on her door and other actions at Plaintiff's residence; in the hearing of her neighbors;
bringing criminal charges against Plaintiffs which Defendants knew or should have known were
improper; and enlisting the assistance of Pennsylvania State Police officers in asserting pressure
improperly against Defendant to force her to pay an amount which was not owed to Defendants;
and other actions as described in the hereinbefore paragraphs amounted to extreme and
outrageous conduct which intentionally caused an inflicted great emotional distress upon Plaintiff.
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80. Defendants' conduct was of the character that exceeds all bounds usually tolerated
In a decent society, and were intentionally designed to be so outrageous that severe emotional
distress was likely to be caused to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendants in an unliquidated amount,
whIch amount does exceed the jurisdictional amount requiring arbitration referral by Cumberland
County Local Rules.
COUNT V
Punitive Damaaes
81. Paragraphs 1 through 80 above are incorporated herein by reference.
82. Defendants, as above stated, maliciously intended to injure and aggrieve Plaintiff by
thrusting on her unsought, unwarranted, and undesired publicity and notoriety without regard to
the truce of the statements made by them, and by bringing unwarranted and improper legal
prosecution for retail theft, and Plaintiff seeks punitive damages therefor.
WHEREFORE, Plaintiff demands judgment against Defendants in an unliquidated amount,
which amount does exceed the jurisdictional amount requiring arbitration referral by Cumberland
County Local Rules.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
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By:
Ro er M. Morgenthal, Esquire
ID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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VERIFICATION
I, JOANNE H. PAINTER, hereby verify that the statements made In this Comolaint
are true and correct to the best of my knowledge, Information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: g- I~/- cr 4>
CERTWICATE OF SERVICE
AND NOW, this
It-1ft,
41~a;{
of FLOWER,
MORGENTHAL,
day of
1996,
I, Roger M. Morgenthal, Esquire, of the law firm
FLOWER & LINDSAY, Attorneys, herehy certify that I served the within Complaint this
day via Certified Mail, Return Receipt Requested, mldressed to:
Neils Food Stores
Stonehedge Plaza
9511 Walnut Bottom Road
Curlisle, PA 171113
DEFENDANT
Svano Ascani
5l1l1 Camhria Avenue
Hurrishurg, PA 17111
DEFENDANT
FLOWER, MORGENTHAL, FLOWER &. LINDSAY
Attorneys for Plaintiff
By ~1ge~~11~1f~~r---
1D # 17143
II East High Street
Carlisle, PA 171113
(717) 243-5513
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IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTBR, I
Plaintiff, I
I
VS. I
I
NELLS POOD STORBS and I
SVANO ASCANI, I
Defendants. I
NO. I 94-4621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICB TO PLBAD
TO: Joanne H. Painter
c/o Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
You are hereby notified to file a written response to the
enclosed New Matter within twenty (20) days from service hereof or
a judgment may be entered againet you.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY:
~
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upreme ourt I.D. #55741
110 S. Northern Way
York, PA 17402
Telephone No.: (717) 757-7602
Attorney for Defendants
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IN THE COURT 011' COMMON PLEAS 011' CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE B. PAINTER, I NO.1 94-4621
Plaintiff, I
I
VS. I CIVIL ACTION - LAW
I
NELLS POOD STORES and I
SVANO ASCANI, I
Defendants. I JURY TRIAL DEMANDED
DEPENDANTS I ANSWER TO PLAINTIPP' S COMPLAINT
WITH NEW MATTER
AND NOW, comes the Defendants by and through his attorneys,
Griffith, Strickler, Lerman, Solymos & Calkins, and John F.
Yaninek, Esquire and files this Answer and New Matter in response
to Plaintiff's Complaint, and states as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
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6. Denied. After reasonable inveetigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 6
of plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
7. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 7
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
8. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 8
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
9. Denied. It is specifically denied that at the beginning
of the check-out process, Plaintiff informed the check-out clerk,
believed to be named Rachel, that Plaintiff had both food stamps
and coupons to be credited against the purchase. On the contrary,
2
,I
':
Plaintiff did not say how she planned to specifically pay for the
items.
10. Admitted.
11. Denied.
After reasonable investigation, Defendant is
~~
"I
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without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 11
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
3
12. Denied. It is specifically denied that the clerk told
Plaintiff that she should not owe as much as shown on the receipt.
The plaintiff was told to pay the amount on the receipt.
13. Admitted in part. Denied in part. It is admitted that
the Plaintiff, disputed the amount owed on the register tape and
the head cashier was called over to the aisle. However, it was not
due to the cashier's confusion over what amount was owed.
14. Admitted in part. Denied in part. This event did occur.
However, it only took approximately two minutes.
..
15. Admitted in part. Denied in part. This event did occur.
However, it only took approximately two minutes.
16. Admitted with clarification. It is admitted that
Plaintiff was owed a dollar in change from the iteme that could be
purchased by food stamps. However, Plaintiff owed approximately
$24.00 for items that could not be purchased by food stamps.
17. Denied. It is specifically denied that any of the events
described in paragraph 17 ever occurred.
18. Admitted with clarification. The clerk did give the
dollar food stamp coupon to Plaintiff. However, Plaintiff still
owed for other items not covered by the food stamp program.
19. Denied. It is specifically denied that any of the events
described in paragraph 19 ever occurred. Plaintiff was told
exactly how much U.S. currency she owed.
20. Admitted in part. Denied in part. It is admitted that
the Plaintiff agreed with the $24.00 amount that she owed.
However, this discussion did not take one-half hour.
4
(i"".-""""-:' '"i<:11':~
21. Admitted with clarification. It is admitted that
plaintiff I s groceries were bagged and she was helped with the
groceries to her car. However, she had promised to pay the cash
portion of the bill from money in her car.
22. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 22
of Plaintiff's Complaint and same are denied and strict proof
thereof demanded.
23. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 23
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
24. Admitted with clarification. The food stamp refund had
nothing to do with the items that Plaintiff had that were required
to be paid by cash.
5
25. Denied. The allegations contained in paragraph 25 are
specifically denied. Further, Plaintiff understood she owed $24.00
for the non-food stamp covered items.
26. Admitted in part. Denied in part. It is admitted that
Plaintiff was told to pay her bill. It is specifically denied that
Plaintiff ever gave an explanation that she should not have to pay
the bill.
27. Admitted in part. Denied in part. It is admitted that
Plaintiff was told to pay her bill. It is specifically denied that
Plaintiff ever gave an explanation that she should not have to pay
the bill.
28. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 28
of Plaintiff's Complaint regarding Plaintiff's state of mind. The
remaining allegations are specifically denied. To the contrary,
Plaintiff admitted she owed $24.00 and was going to pay after her
car was opened.
6
29. Denied.
After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 29
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
30. Denied.
After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 30
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
31. Denied.
After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 31
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
32. Denied.
After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 32
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
7
1
,'_.~ '~"."-
33. Admitted in part. Denied in part. It is admitted that
an employee may have held the automatic door closed during the
thundersto~m. However, it is specifically denied that the employee
holding the door said, "I I d run too if I hadn I t paid for my
groceries."
34. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 34
of Plaintiff's Complaint and same are denied and strict proof
thereof demanded.
35. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 35
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
36. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 36
8
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
37. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 37
of Plaintiff 1 s Complaint and same are denied and strict proof
thereof demanded.
38. Admitted.
39. Denied. It is specifically denied that Plaintiff claimed
that she paid for her groceries. Plaintiff stated she would return
at a later time with the money she owed.
40. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 49
of Plaintiff's Complaint and same are denied and strict proof
thereof demanded.
41. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
9
,.
the truth or veracity of the allegations contained in paragraph 41
of Plaintiff 1 s Complaint and same are denied and strict proof
thereof demanded.
42. Denied. It is specifically denied that Defendant, Svano
Ascani, in a hostile and aggressive manner, immediately began
accusing Plaintiff of not paying her bill and claiming that she
owed $22.00, instead of the $24.00 claimed to be owed by the head
cashier. To the contrary, Defendant, Svano Ascani, courteously
explained she owed $24.00 to the store.
43. Denied.
It is specifically denied that Plaintiff was
confused about the amount she owed.
Plaintiff admitted to not
having any money to pay her bill.
44. Denied. It is specifically denied that Svano Ascani was
ever hostile or aggressive with Plaintiff or that his tone became
more heated. Defendant, Ascani, did offer to accept $18.00 instead
of $24.00 because of Plaintiff's claimed difficulty to pay. It is
specifically denied that Defendant, Ascani, ever said, "I can make
a lot of trouble for you, I am sure you don't want that."
10
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45. Denied. It is specifically denied that Plaintiff ever
asked if Defendant, Svano Ascani's, statement was a threat. It is
also specifically denied that Defendant, Svano Ascani, ever replied
that he was willing to call the food stamp office and falsely claim
that Plaintiff had attempted to buy cigarettes with food stamps,
thereby threatening Plaintiff's eligibility for food stamps. It
is also specifically denied that Defendant, Svano Ascani, ever
struck Plaintiff I s door or yelled in a loud voice, "take you to
court," and "call the police." To the contrary, Defendant, Svano
Ascani, merely requested Plaintiff to pay what was rightfully owed
to the grocery store.
46. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 46
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
47. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 47
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
11
48. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 48
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
49. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 49
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
50. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 50
of Plaintiff's Complaint and same are denied and strict proof
thereof demanded.
51. Denied. It is specifically denied that Defendant, Svano
Ascani, ever spoke with Plaintiff by telephone.
12
55. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 55
52. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 52
of Plaintiff's Complaint and same are denied and etrict proof
thereof demanded.
53. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 53
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
54. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 54
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded. Further, there is no Exhibit "A" to this
Complaint.
13
t.
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
56. Admitted.
57. Denied. It is specifically denied that Defendant, Svano
Ascani, stated that Plaintiff "does this for a living." After
reasonable investigation, Defendants are without knowledge as to
who was present after the hearing and the state of Plaintiff I s
emotions and those allegations are denied.
58. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 58
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
59. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 59
of plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
14
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,.
60. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 60
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
WHEREFORE, Defendants demand judgment againet Plaintiff
together with costs of suit.
COUNT I
Malioious Proseoution
61. Paragraphs 1 through 60 hereof are incorporated herein
by reference as fully as though set forth at length.
62. Admitted in part and denied in part. It is admitted that
Defendant, Svano Ascani, made certain criminal allegations relating
to the Plaintiff. However, it is specifically denied that these
criminal allegations in which he made were done falsely,
maliciously, and with no probable cause regarding plaintiff I s
committing the crime of retail theft. These allegations were that
Plaintiff did not pay her grocery bill.
15
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63. Admitted in part and denied in part. After reasonable
investigation Defendants are without knowledge as to the truth or
veracity of the allegations regarding the service of the citation
to the Plaintiff on the charge of retail theft, issued by Trooper
Daniel H. Housel, Pennsylvania State police, through Susan K. Day,
District Juetice, which resulted in a hearing before District
Justice on May 23, 1994. However, it ie admitted that Plaintiff
was acquitted of the charges in the citation against her.
64. Denied. It is specifically denied that Defendant I s
accusations and complaints, and each and every allegation thereof,
were, and are, false, malicious, and without probable cause. To
the contrary, the allegations made against the Plaintiff were true
and, if false, made in good faith with probable cause.
65. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 65
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
66. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
16
"
the truth or veracity of the allegations contained in paragraph 66
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
67. Denied. Paragraph 67 constitutes a conclusion of law to
which no responsive pleading is necessary and same is deemed
denied.
WHEREFORE, Defendants demand judgment against Plaintiff
together with costs of suit.
COUNT :II
Defamation Per Se
68. Paragraphs 1 through 67 hereof are incorporated herein
by reference as fully as though set forth at length.
69. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 69
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
17
I
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70. Denied. It is specifically denied that Defendants,
through their various employees, contrived not only to deprive
Plaintiff of her good name and reputation, and to bring her into
scandal and disrepute among her neighbors, but also to subject
Plaintiff to prosecution and punishment for retail theft, on the
18th day of August, 1993, in the afternoon, in the Township of
Middleton, Cumberland County, to Plaintiff and in her preeence and
in the presence of hearing of Jill Wilkins and diverse other
persons, did speak and publish acquisitions against Plaintiff that
she had committed the crime of retail theft. To the contrary,
Defendants only wanted the money Plaintiff owed the grocery store
paid in full.
71. Admitted in part and denied in part. It is admitted that
Plaintiff claims that she is not guilty of the crime of retail
theft. However, it is specifically denied that Defendant uttered
any false, scandaloue or defamatory words relating to Plaintiff.
Further, if any statements made by Defendant I s employees were
untrue, such statements were made in good faith based on probable
cause.
72. Denied. Defendants are not a "company or person of a
parent respectability" whose position in the community is
18
"
calculated to give credit to the utterances and charges made. It
is admitted that Nells Food Stores is a respectable business in the
Carlisle community and Svano Ascani ie a respectable citizen of
that community. However, it is specifically denied that Defendants
committed any injury or compounded any injury by enlisting the
support of the Pennsylvania State Police officers as above
described.
73. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 73
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
WHEREFORE, Defendants demand judgment against Plaintiff
together with costs of suit.
COUNT II
Invasion of Privacy
74. Paragraphs 1 through 73 hereof are incorporated herein
by reference as fully as though set forth at length.
19
'.
75. Denied. It is specifically denied that Defendants,
without cause or justification of their various employees and
subordinates, through statements both oral and written,
communicated to the public at large, including but not limited to,
may customers in Defendant I s store on August 17, 1993, that
Plaintiff was accused of the serious crime of retail theft or other
improper actions with regard to non-payment of a grocery store
bill. To the contrary, any statement made by Defendants was
proper, made in good faith, and based on probable cause.
76. Denied. Paragraph 76 constitutes a conclusion of law to
which no responsive pleading is necessary and same is deemed
denied.
77. Denied. After reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 77
of Plaintiff I s Complaint and same are denied and strict proof
thereof demanded.
WHEREFORE, Defendants demand judgment against Plaintiff
together with costs of suit.
20
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COUNT IV
Intentional Infliction of Emotional Distress
78. Paragraphs 1 through 77 hereof are incorporated herein
by reference as fully as though set forth at length.
79. Paragraph 79 constitutes a conclueion of law to which no
response is required. To the extent this paragraph states facte,
it is specifically denied that Defendants singled out or drew
attention to the Plaintiff in Defendants' store as an alleged
thief; created a disorderly scene through loud talking, persistent
pounding on her door and other actions at Plaintiff's residence;
in hearing of her neighbors; bringing criminal charges against
Plaintiff which Defendants knew or should have known were improper;
and enlisting the assistance of the Pennsylvania State Police in
asserting pressure improperly against Plaintiff to force her to pay
an amount which was not owed to Defendants; and other actions as
described in the hereinbefore paragraphs.
80. Denied. Paragraph 80 constitutes a conclusion of law to
which no responsive pleading is necessary and same is deemed
denied.
21
WHEREFORE, Defendants demand judgment against Plaintiff
together with costs of suit.
COUNT V
Punitive Damages
81. Paragraphs 1 through 79 hereof are incorporated herein
by reference as fully as though set forth at length.
82. Paragraph 82 constitutes a conclusion of law to which no
responsive pleading is necessary and same is deemed denied.
WHEREFORE, Defendants demand judgment against Plaintiff
together with costs of suit.
NEW MATTER
83. Plaintiff has failed to state a cause of action upon
which relief can be granted.
84. Plaintiff has failed to mitigate her damages, if any.
85. Any of Defendants' assertions of Plaintiff's failure to
pay her grocer bill in full were true.
22
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86. Any of Defendants' assertions of Plaintiff's failure to
pay her grocery bill in full constituted fair comment.
Respectfully submitted,
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
jSh/nells.ans
23
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'---- _- SVANO
-
s~~'
ASCANI
VERIFICATION
I verify that the foregoing facts are true and correct, upon
my personal knowledge or information and belief. This verification
is made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to
unsworn falsification to authorities.
Date:
9- /y-f'Co
NELLS FOOD
(.. ._""~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER,
NO. I 94.4621
Plaintiff,
vs.
CIVIL ACTION . LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendants.
C~IFICATE IF :VIC: _ ,
AND NOW, this c:f!ti. day Of~, 1996, I, Janice
S. Hendler, for the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS
& CALKINS, Esquires, hereby certify that I have, this date, served
a copy of DEFENDANTS' ANSWER TO PLAINTIFF I S COMPLAINT WITH NEW
MATTER by United States Mail, addressed to the party or attorney
of record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
"BY:
PARALEGAL
CE S.
10 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
Attorney for Defendants
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JOANNE II. PAINTER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 4621
CIVIL
1994
vs.
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
JURY TRIAL DEMANDED
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substWltially in the following fonn:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Michael B. Scheib, Esquire ,counsel for the ~defendWlt in the above action (or actions),
respectfully represents that:
I. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ Less than $25,009.00
The counterclaim of the defendWlt in the action is N / A
The following allomeys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
ROGER M. MORGENTIIAL, ESQUIRE
WHEREFORE, your petitioner prays your Honorable Courlto appointlhree (3) arbitrators to whom the case shall be
submilled.
iJJi~241
ORDER 010' COURT
.
AND NOW, // ~u ~ w.-luu 8
foregoing pe,: ~ ~;W(''l1 Q i..i .4) IYJ; A )
0<.' ~
Esq., WId 1.-1 ~ J
actions) as prayed for.
.J..D~' 'd'
, T7 _, m consl eratlOn of the
Esq.,
, Esq., are appointed arbitrators in the above ca tioned action (or
.
P.J.
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PENi\SYLVJ~N~\
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER,
NO.: 94-4621
Plaintiff,
vs.
CIVIL ACTION - LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendants. : JURY TRIAL DEMANDED
I'd CERTIFICATE OF SERVICE
AND NOW, this 2- day of~, 2000, I, Michael B. Scheib, Esquire,
a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS,
Esquires, hereby certify that I have, this date, served a copy of the Petition For
Appointment of Arbitrators by, United States Mail, addressed to the party or attorney
of record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
Michael . chei, Esquire
Attorney for Defendants
Supreme Court I.D. No. 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
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JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
VB.
NO: 94.4621 CIVIL TERM
NELLS FOOD STORES and
SVANO ASCANI,
Defendant
NOTICE TO PLEAD..
TO: Neils Food Stores and Svano Ascani, by and through their attorneys:
Michael B. Scheib, Esquire
110 S. Northern Way
York, PA 17402-3737
You are hereby notified to file a written response to the enclosed New Matter within twenty
(20) days from service hereof or a Judgment may be entered against you.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
Dated:
lj.f J 9,
'Pn1/l1 t'!,---+-
Roger M. Morgentha, Esquire
ID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
By:
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JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
V8.
NO: 94.4621 CIVIL TERM
NELLS FOOD STORES and
SVANO ASCANI,
Defendant
PLAINTIFF'S RESPONSE WITH NEW MA TTER TO MOTION
OF DEFENDANT TO COMPEL ANSWERS TO DISCOIlERY REQUESTS
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted. By way of further answer, Plaintiff's counsel was not successful in
contacting his client at that time, due to circumstances hereinafter set forth.
6. Denied. On the contrary, although Piainliff's counsel was away from his office a
substantial amount of the time, he spoke with a secretary at Attorney Scheib's office indicating that
he would respond to the phone calls as soon as he was back in the office. Attorney Scheib was
not available at the lime that call was made.
7. No response necessary.
8. No response necessary.
<'\ Wf" I \I'I~g\r.'nl' ,\ l'I.'nl in.llc. \.n" .
f1EY:lMAIIEB.
9. As Attorney Scheib has been Informed, Plaintiff Is In divorce litigation and much of
the documentary Information sought in the discovery requests is In the possession of her
estranged husband or his counsel. Plaintiff's counsel In the instant case does not represent the
Plaintiff in the divorce.
10. Due to the emotional stress of the divorce and her life circumstances at the present
time, Plaintiff has not been able to assist Plaintiff's counsel to the extent necessary to complete the
response to discovery.
WHEREFORE, Plaintiff requests your Honorable Court to deny Defendant's Motion to
Compel Plaintiff's Answer to Discovery Requesls; and further to order a stay of further discovery
for a period of 6 months, by which time Plaintiff's circumstances will hopefully Improve to allow
discovery to be completed.
Respectfully submitted,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
Date:
-, I.!.h I
By: 'rC7rh /y) (\ II.,./J-
~Morgenthal, Esquire
ID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
VS.
NO: 94.4621 CIVIL TERM
NELLS FOOD STORES and
SVANO ASCANI,
Defendant
CERTIFICA TE OF SERVICE
AND NOW, this
<;:~-t
, 1997, I, ROGER M.
day of
MORGENTHAL, Esquire, of the law firm of FLOWER, MOR NTHAL, FLOWER & LINDSAY, P.C.,
hereby certify that I served the within PlaIntiff's ResDonse With New Matter to Motion of Defendant
to Comoel Answers to Discoverv Reauests this day be depositing same in the United States Mail,
First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Michael B. Scheib, Esquire
110 S. Northern Way
York, PA 17402-3737
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
\~tUL ( ~ ~-rk-
By' Ie C ' '
\\ og M. Morgentha Esquire
"-lID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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JOANNE H. PAINTER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
Plaintiff
VS.
NO: 94.4621 CIVIL TERM
NELLS FOOD STORES and
SVANO ASCANI,
Defendant
REPL Y TO NEW MA TTER
AND NOW, comes Plaintiff, Joanne H. Painler, by her attorneys, Flower, Morgenthal, Fiower
& Lindsay, and states the following reply to Defendants' New Matter.
83. Denied as a legal conclusion to which no reply is necessary.
84. Denied as a legal conclusion to which no reply is necessary.
85. Denied. On the contrary, Plaintiff had completed the process of checking out at Neils
Food Stores, had paid the amount shown on the cash register tape, had eventually been refunded
$1.00 in food stamps and owed no further balance on the grocery bill.
86. Denied as a legal conclusion to which no reply is necessary.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
Date:
'? /30 I 'j (
By:
fOYJ1 ~1tl/kJk
Roger M. Morgentnal, Esquire
ID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
(r ,..-
c:\wp5I\I'I~g\Scnlln,I,(\.m'
VERIFICATION
I, JOANNE H. PAINTER, hereby verify that the statements made in this Replv to New
Matter are true and correct to the best of my knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
~
JOANNE H. PAINTER
Date:
9- 3o-CJ~
l'EI~TIFI( ''''I'E OF SElWin:
AND NOW, Ihi~ _~014
day III'
.~p(r""l..!?-h.
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11)1/(),
I, Rngcr M. Morgenlhal. E~qllirl', III' the law fil'll1 III' FLOWER, MORGENTI-IAL.
FLOWER & L1NDSA y, AtlUl'I1ey~. herehy certify that I served the within Reply III Ncw
Maller this day via LJniled .State~ l\'lail, Firsl Class. Pnstage Prepaid. in Carlisle,
Pcnnsylvania, ami addressed a~ fllllll\\'s:
Jnhn F. Yaninek. E~qllire
GRIFFITII. STH)(,KI.EH. I.EHMAN.
SOLnlllS...... ('''I.''I~S
110 S. Nllrth,'1'I1 Way
York, 1',\ 17-1"2..'7.'7
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FLlIWElt, 1\I0lWENTIIAL, FLOWER & LINIlSA Y
AlIlII'neys for Plaintiff
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II East High Street
Carlisle, PA 17013
(717) 243-:':'13
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94-4621
Plaintiff,
vs.
CIVil ACTION. LAW
NElLS FOOD STORES and
SVANO ASCANI,
JURY TRIAL DEMANDED
Defendants.
RULE TO SHOW CAUSE
Upon consideration of Defendant's Motion to Compel Answers to the
Defandant's discovery requests, and the record herein, it is Ordered that Plaintiff must
respond to Defendant's Interrogatories/Request for Production of Documents within
twenty (20) days from the date of this Order.
J.
Date:
cc: Roger M. Morgenthal, Esquire
Counsel for Plaintiff
Michael B. Scheib, Esquire
Counsel for Defendants
,.
.-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER,
NO.: 94-4621
Plaintiff,
vs.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendants.
JURY TRIAL DEMANDED
MOTION OF DEFENDANT NELLS FOOD STORES
TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY REQUESTS
1. On December 2, 1996 Defendant served Plaintiff with a Set of
Interrogatories/Request for Production of Documents. Plaintiff's discovery responses
were due January 2, 1997.
2. On December 10, 1996 counsel for Plaintiff requested an extension of time
to respond to the discovery requests. Ha requested an extension until February 1,
1997 to provide discovery responses. Defense counsel was agreeable to this request.
See the letter of Attorney Morgenthal dated December 10, 1996 and the letter of
Attorney Yaninek dated December 12, 1996. Both letters are attached as Exhibit u1 u.
3. On January 28, 1997 Plaintiff's counsel requested an additional extension
in which to respond to the discovery requests. At this time, Plaintiff's counsel
requested an extension until March 1, 1997. Defense counsel agreed to this request.
~ Attorney Morgenthal's letter dated January 28, 1997 and Attorney Yaninek's
letter dated January 29,1997. Both letters are attached as Exhibit u2u.
.'
-
4. On April 9, 1997 defense counsel sent a letter to Plaintiff's counsal. It
confirmed an axtension until the end of April 1997 to provide answers to Defandant's
discovary requests. ~ tha letter of Attornay Scheib dated April 9, 1997 which Is
attachad as Exhibit "3".
5. On May 23, 1997 defense counsel sant a letter to Plaintiff's counsel. It was
a follow-up to the letter of April 9, 1997. The letter Inquired as to the status of
discovery responses. Plaintiff's counsel did not respond to the letter. ~ Attorney
Scheib's letter dated May 23, 1997 which is attached at Exhibit "4..
6. During the last two (2) weeks, Attorney Scheib has made two (2) to three
(3) telephone calls to Attorney Morgenthal's office. Attorney Scheib has not received
any response to these telephone calls.
7. Defense counsel files this Motion to compel Plaintiff to respond to the
discovery request.
8. If Plaintiff does not responded to the discovery requests within the
scheduled time Defendant would ask the court to Impose sanctions which would
include the dismissal of this lawsuit, and impose reasonable costs including attorney
fees against Plaintiff.
WHEREFORE, Defendants respectfully request this Honorable Court to enter an
Order compelling discovery within twenty (20) days. If Plaintiff's counsel does not
produce discovery within this time then the court may impose sanctions which would
include, and not be limited to, dismissal of this action.
BY:
.'
.~
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
chael B. Sc Ib, squire
Attorney for Defendants
Supreme Court I.D. No. 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
.-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER,
NO.: 94-4621
Plaintiff,
vs.
CIVIL ACTION - LAW
NELLS 1'000 STORES and
SVANO ASCANI,
Defendants.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this -l gt~ day of .:r""\JI.~
, 1997, I,
Michael B. Scheib, Esquire, with the firm of GRIFFITH, STRICKLER,
LERMAN, SOLYMOS & CALKINS, hereby certify that I have, this date,
served a copy of the Motion of Defendant Nells Food Stores to
Compel Plaintiff's Answers to Discovery Requests by United States
Mail, addressed to the party or attorney of record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
alb/MBS/nells.ple
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
By,Jt.t/.~lgv
Attorney for Defendants
Supreme Court I.D. No. 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
"1~.-:~'~:~' ',';
LAW OFFICES
I~ilrn @ rn O~[g In I
I DEe I 2 1996 U
FLOWER, MORGENTHAL. FLOWER & L1NDSA
A Plt0fES510NAL COlU'OltAnON
II EAST HIGH STREET
CARLISLE, PENNSYLVANIA 170t3-3016
JAMBS D. PLOWER
ROOER M, MOROElmlAL
JAMBS D. PLOWER. JR.
CAROL J. LINDSAY
(717) Z4J.S513
PAX: (717) Z4J.6S1O
DIIITSClI 4 MOROIlNl1lAL
(1975.19&5)
I'LOWER. KRAMER.
MOROI!Nl1IAL 4 PLOWER
(19ll5-199%)
December 10, 1996
John F. Yaninek, Esquire
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
110 S. Northern Way
York, PA 17402-3737
RE: JOANNE H. PAINTER v. NELLS FOOD STORES AND SVANO ASCANI
OUR FILE NO: 4111-93-01
Dear Mr. Yaninek:
I acknowledge receipt of the Interrogatories and Request for Production of
Documents in the above-referenced case.
My client is in the middle of a contested divorce, in which we do not represent
her, and it is likely that her estranged husband has control of much of the information
needed to respond to several of the Interrogatories. This would include medical bills,
information regarding her workers' compensation claim against a former employer,
income tax returns, and general correspondence. She will go through things at her
home and let me know what items she does have, and then I shall work with her
divorce attorney to try to get the additional items from the husband.
In any event case, it will probably take longer than the 30 days for us to respond
to your discovery requests; and I am requesting an extension until February 1, 1997 to
provide our answers.
I appreciate your cooperation.
Very truly yours,
FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C.
'~"'''I}I^' :_-
" , I'IY. .'j.Lv>-
I
Roger M. Morgenthal
RMMlsm,
eel Joanne H. Painter
ROIERT H GRIFFITH
ROIERTM STRICKLER
ROBERT A LERMAN-
PlTER 0 SOL VMDS
CHMLES I CAl.IClNS
lJI,W OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
110 S, NORTHERN WAY
YORK. PENNSYLVANIA 17402.3737
TELEPHONE ,'1'j1!'.'1Q2
FAX.11111157.J113
ANN MARGARET 0AA8
PAULO LUTZ
MICHAEL B SCHEII"-
JOHN fl. VAHIHEK-
LISA M OI8ERHARDO
KRlsnNI! A FRITZ
o SOUTH MAIN SmEEY
SHREWSBURV, PA 11311.1528
~.(111)235.'432
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0ffiC>>0nIy. (717)235.2450
December 12, 1996
Roger M. Morgenthal, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle, PA 17013-3016
RE: Joanne H. Painter vs. Nells Food Stores and Svano Ascani
Cumberland County No. 94-4621
Dear Mr. Morgenthal:
I acknowledge your December 10, 1996 request for an extension regarding
the Interrogatories/Request for Production of Documents sent to you on
behalf of your client. I will grant your extension to answer the
Interrogatories/Request for Production of Documents until February 1,
1997.
Very truly yours,
JOHN F. YANINEK
jsh/nells.ltr
,
/'
.......... "f.
LAW OFFICES
FLOWER, MORGENTHAL. FLOWER & LINDSAY
^ PROFESSIONAL (,'"OIlPORATION
II EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013-3016
JAMIlS D. fLOWER
ROOER M. MOROEN'n1AL
JAMIlS D. fLOWER, JR.
CAROLJ, LINDSAY
(717) 243-5513
FAX: (717) :!4J.(,s III
DII!TSCH & MOROl!/ImlAL
(197$.19llS)
FLOWER. KRAMER.
MOROEJlmIAL & fLOWER
(I9l1S.199Z)
January 28, 1997
John F. Yaninek, Esquire
Robert A. Lerman, Esquire
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
11 0 S. Northern Way
York, PA 17402-3737
RE: JOANNE H. PAINTER v. NELL'S INC.
OUR FILE NO: 4111-93-01
Dear Mr. Yaninek:
My client, Joanne Painter, has still not been able to obtain information as to tax
returns, etc., which you have requested in your discovery pleadings. The divorce
situation is apparently to blame.
Accordingly, I am writing to request an additional extension of time in which to
reply to the discovery request until March 1, 1997.
I appreciate your consideration in this request.
Very truly yours,
FLOWER, MORGENTHAL. FLOWER & LINDSAY, P.C.
..---
" i./)'1 i n1 , 1j'-t- ^-1--...
Roger M. Morgenthal
RMM/sm,
cc: Joanne Painter
ROBERTH GRIFFITl4
RORRTM StRICKLER
ROIt:RT A. LERMAN-
PmR D SOL YMCS
CHARLES I CALKINS
LAW OFFICES
GRIFFITH. STRICKLER, LERMAN, SOL YMOS & CALKINS
110 S, NORTHERN WAY
YORK. PENNSYLVANIA 17.02.3737
TE1.EPttOHE 17171757.7802
FAAI7t1)757-3713
ANN MARGMETGRA8
PAUL Q. LUTZ
MICHAeL. I. SCHEII'-
JOHN F YAHaNEK-
LIIAM DIBERNARDO
KRI5nNl! A. FRITZ
i SOUTH MAIN STREET
SHREWSSURY, PA 1138101521
T~ 17t1)23S-1432
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January 29, 1997
Roger M. Morgenthal, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle, PA 17013-3016
RE: Joanne H. Painter vs. Nells Food Stores and Svano Ascani
Cumberland County No. 94-4621
Dear Mr. Morgenthal:
I acknowledge your January 28, 1997 request for an additional extension
of time in which to answer the discovery. This extension is for the
purposes of your filing an answer only to discovery.
It is my expectation that by March 1, 1997 that you submit an answer to
my discovery. Otherwise, I will have no alternative but at that time to
file a Motion to Compel your answer.
Clearly, most of the information sought in this discovery does not deal
wi th plaintiff's tax returns and actual financial documents. Upon
receipt of these financial documents, any previous answers can be amended
or supplemented.
Very truly yours,
JOHN F. YANINEK
jsh/nells.ltr
bee: Craig Clifton, Kemper Insurance Companies,
Claim No. 210 LE 046639
..
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-.............
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N:)IIRT A. &.aINAH-
_ OoICLYUOI
CHAlUI .. CoIIJQNI
LAW OFFICES
GRIFFITH. SmICKLER. LERMAN, SOLYMOS & CALKINS
110 SOUTH NORTHERN WAY
'fOAl(. NHNI't\.VMIA "lICIINn'
muHQNr,P'1\ m.....
TaUAX:(7tJ'1 "'41U
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MI'UII1NIA. FAITZ
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April 9. 1997
Roger M. Morgenthal, Esquire
Flower. Morgenthal. Flower & Lindsay
11 East High Street
Carlisle. PA 17013-3016
REI Joanne H. Painter v. Nell'S Food Stores and
Svano Asean!
In the Court of Common Pleas of Cumberland County
Case No. 94-4621
Dear Mr. Morgenthal:
This letter is a
conversation. During that
taken over the handling of
follow-up to our
time, I explained
this file.
recent telephone
to you that I have
As you know. our office served you with a Set of
Interrogatories and a Request for production of Documents in
December 1996. To date. we have not received a response from your
office. Initially you requested an extension until February 1997
in order to provide answers. Later you needed an extension until
March 1997. You have now requested an extension until the end of
April 1997 to provide answers to our discovery requests.
I will agree to this extension. I understand the difficulty
which you are having. If you are not able to obtain the necessary
records to provide discovery responses by the end of April 1997 I
will need to get the court's assistance with this matter.
I thank you in advance for your cooperation with this matter.
Very truly yours,
MICHAEL B. SCHEIB
alb/MBS/1K7X
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AOIIAT M, S'TRlCXI.EA
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GRIFFITH. STRICKLER, LERMAN, SOLYMOS" CALKINS
, 10 SOUTH NORTHERN WAY
YOAIC. PlNNSYLYAN&A 171102.3731
TnI~&:(7t71 751.7102
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ANN MAACIAAIT QAA8
'AUL Q. WTZ
UCHAa I. SCJotElS-'
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SHflIiWIIUAY. PA t7311011121
Sh,~ T...onone: 17111 au.l<l3J
Sh'~ '''' No.; 11171 2)1.2450
May 23. 1997
Roger M. Morgenthal, Esquire
Flower, Morgenthal. Flower & Lindsay
11 East High Street
Carlisle, PA 17013-3016
"
'::-'
J
RE: Joanne H. Painter v. Nell's Food Stores and
Svano Aseani
In the Court of Common Pleas of Cumberland County
Case No. 94-4621
Dear Attorney Morgenthal:
During our last conversation, you advised me that you hoped
to provide me with discovery responses by late April 1997.
Obviously, that date has come and gone and you do not have any such
records for me. Because of the lack of response from you I will
need to file a motion to compel with the court.
In addition, during our last
you would take steps to have
expunged. Please advise whether
and/or whether it is completed.
I thank you for your cooperation with this matter.
conversation, you mentioned that
Ms. Painter's criminal record
you have initiated this process
Very truly yours,
MICHAEL B. SCHEIB
alb/MBS/1K7X
/.
,. - ...~"'-
JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUHBERLANDCOUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
NO. 94-4621 CIVIL TERM
AND NOW, this 2~ rJday of June, 1997, upon consideration of
the Motion of Defendant Nells Food Stores To Compel Plaintiff's
Answers to Discovery Requests, a Rule is hereby ISSUED upon the
Plaintiff to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Roger M. Morgenthal, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
Michael B. Scheib, Esq.
110 S. Northern Way
York, PA 17402-3737
Attorney for Defendants
_ ~~ ~,ct 6/;;.~/97-
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ROBERT H GRifFITH
ROBERT" ITRlCIClER
ROBERT A LERMAN-
PETER D IOL YMCa
CHARLES. CALKINS
LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
110S, NORTHERN WAY
YORK. PENNSYLVANIA 17402.3737
TELEPHONE (117) 751.71lO2
FAX. (7171757-3713
ANN MAAGAAET ORAl
PAUL 0 LUTZ
MCHAEl e. SCHEIB.-
LISA M. DIBERNARDO
'JHC)MA8 B IPONAUGLE
_T_ 171712""'"
StnwIbl.fyFar (7t7)21S-24SQ
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8 SOUTH MAIN STREET
8HREWI8URY. PA 1730,",528
July 18, 1997
Honorable J. Weslay Oler, Jr., Judge
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Joanne H. Painter v. Nell's Food Stores and
Svano Ascanl
In the Court of Common Pleas of Cumberland County
Case No. 94-4621
Dear Judge Oler:
I am counsel for the Defendants in the above-referenced case. On June 18,
1997, I filed a Motion to Compel Plaintiff's Discovery Response. On June 23. 1997,
you issued a Rule to Show Cause.
On July 8, 1997, Plaintiff's counsel filed a Response to Defendants' Motion to
Compel. Recently, I filed a Reply to Plaintiff's Response.
At this time, I believe that the Motion to Compel is appropriate for resolution.
I do not know if the Court intends to hear oral argument on the Motion or if the Court
intends to issue an order based upon the Briefs filed by counsel. I telephoned your
chambers and spoke with your secretary. She suggested that I should send this letter.
If the Court has any questions about the letter or the Motion I am available for
a conference in person or via telephone.
V7i/JYO~~
MIC~~EL ~~IB
alb/MBS/1 K7X
Enclosure:
cc: Roger M. Morgenthal, Esquire
Attorney for Plaintiff
JUL 2 1 '991
..
ROWIT H, GRifFITH
ROIERT" ITRlCOCUR
ROWIT A LERMAN'
PETtA D. SOL'tMOI
CtwlLElI CALKlNI
.AlIoUlmbef.....VCll1lBer
.A1IOMItnbef ~Bar
-Alto""'" D C. ...
LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
110S,NORTHERNWAV
YORK. PENNSVLVANIA 17402-3737
TELEPHONE_ (717) 757-7102
FAAI7t7)757-3783
'SOUTH t.WN STREET
SHREWSBURY, PA t738t.1m
July 18, 1997
Lawrence E. Welker, Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Joanne H. Painter v. Nell's Food Stores and
Svano Ascan!
In the Court of Common Pleas of Cumberland County
Case No. 94-4621
Dear Mr. Welker:
,-. ,."..."",.
AHH .....ClARET GRAIl
PAUL 0 Lun
MICHAEL I SCHEIB'-
LIlA M Ot8ERNARDO
THOIMIIIPONAUOLE
IIvwItuyT~: (711)235-1432
""- F.. 1717123$02450
Enclosed please find one (1) original and one (1) copy of the Reply of
Defendants to the Plaintiff's Response to Defendants' Motion to Compel for the above-
referenced case. Please time-stamp the original and copy and return the copy to my
office in the self-addressed and stamped envelope which has been provided for your
convenience.
I have sent a courtesy copy to Judge Oler.
I have served all counsel of record.
Very truly yours,
MICHAEL B. SCHEIB
alb/MBS/1 K7X
Enclosures:
cc: Judge J. Wesley Oler, Jr.
Roger M. Morgenthal, Esquire
vs.
CIVIL ACTION - LAW
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94-4621
Plaintiff ,
NELLS FOOD STORES and
SVANO ASCANI,
Defendants.
JURY TRIAL DEMANDED
REPLY OF DEFENDANTS
TO THE PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL
Defendants object to Plaintiff's request to stay further discovery in this matter
for a period of six (6) months. Defendants served their discovery requests in
December 1996. Defendants have already waited more than seven (7) months to
receive responses to the discovery requests. An additional six (6) months is
unnecessary and prejudicial to the Defendants.
Attached hereto as Exhibits 1 and 2 are the Interrogatories and the Request for
Production of Documents which were served upon the Plaintiff. Interrogatory
Numbers 2 through 4 inquire as to what items Plaintiff intended to purchase at
Defendant's store on the day of the alleged incident as well as how Plaintiff intended
to pay for these items. These Interrogatories seek information which is within the
personal knowledge of Plaintiff. She should not need to review any documentary
information in order to respond to these Interrogatories.
In her Complaint. Plaintiff has alleged that she was humiliated, embarrassed and
shocked and suffered great and lasting mental anguish. Interrogatory Number 5 has
asked her to identify persons having knowledge of these facts and to identify each
Defendant or agent of the Defendant who participated in the alleged conduct which
caused the embarrassment, humiliation or shock. This information is also within the
personel knowledge of Plaintiff Painter. Defense counsel is unaware of what
"documentary information" could exist which would assist Plaintiff with her response
to these Interrogatories. In addition, the Interrogatory requests the names of
witnesses. Once these people are identified defense counsel will contact the
witnesses to ascertain what knowledge they posses. A delay of six (6) months will
only allow memories to fade or witnesses to move or disappear.
In her Complaint, Plaintiff alleges that Defendants acted "falsely. maliciously
and with no probable cause". Interrogatory Number 6 asked Plaintiff to identify each
individual who has knowledge of these facts and to identify each Defendant who
participated in the alleged conduct. Once again. this information is within Plaintiff's
personal knowledge. Defense counsel is unaware of what "documentary information"
could exist which would assist Plaintiff in responding to this Interrogatory.
Furthermore, a delay of six (6) months will allow a witness' memory to fade or the
witness to move or disappear.
Plaintiff has alleged a claim for lost wages or loss of earning capacity.
Interrogatory Numbers 7, 8. and 9 inquire into positions that she held before the
accident as well as positions which she has applied for and/or interviewed since the
accident. Once again. Plaintiff has personal knowledge of this information. Plaintiff
probably does not need to review records to answer it. If Plaintiff feels that the
information could only be answered in a partial fashion, she can always supplement
her answers at a later date.
Plaintiff has alleged medical and/or psychological injury in this case.
Interrogatories 10 through 12 inquire as to the name and addresses of health care
providers which she has seen as a result of the incident which is the subject of this
lawsuit. Although Plaintiff may not have all medical records in her possession, she
should be able to identify the health care providers which she has seen and whether
she Is still under the current care of that person. Once defense counsel has this
information he can take any and all steps he needs to obtain a complete set of
Plaintiff's medical and lor psychological records.
The remaining Interrogatories focus upon various aspects of Plaintiff's damages.
Once again, much of this information is within Plaintiff's personal knowledge. If
Plaintiff feels she cannot completely answer the Interrogatory, she is free to
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
supplement her answer at a later date.
In conclusion, defense counsel believes that there is no reason for a six (6)
month stay of discovery. Defendant believes that Plaintiff should be ordered to
provide answers to many of the discovery requests. Plaintiff is free to supplement her
answers at a later date. If Plaintiff provides answers to the discovery requests at this
time, defense counsel can take steps to keep discovery moving forward.
WHEREFORE, Defendant respectfully requests this Honorable Court to grant the
Motion to Compel. If Plaintiff fails to produce the discovery responses within the
period set forth by the Court, then the Court may impose appropriate sanctions.
BY'MjjB~1l;fJI
Attorney for Defendants
Supreme Court J.D. No. 63868
110 S. Northern Way
York. Pennsylvania 17402-3737
Telephone: (717) 757-7602
IN THE COURT O!= COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER. NO.: 94-4621
Plaintiff ,
vs.
CIVil ACTION - LAW
NEllS FOOD STORES and
SVANO ASCANI.
Defendants.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
f'tv
AND NOW, this !r day of ~, 1997, I, Michael B. Scheib, Esquire,
with the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby
certify that I have, this date, served a copy of the Reply of Defendants to the
Plaintiff's Response to Defendants' Motion to Compel by United States Mail,
addressed to the party or attorney of record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAl, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY: W
Michael B. Sc el , Esquire
Attorney for Defendants
Supreme Court I.D. No. 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
alb/MBS/nells.ple
l\:,. ~lI.'':lj.
.
,.
IN THl!: COURT 01' COIolHON PLEAS 01' CtJMBERLANll COtlN'1'Y, PENNSYLVANIA
JOANNE H. PAINTER,
NO.: 94.4621
Plaintiff,
VS.
CIVIL ACTION - LAW
NELLS I'OOD STORES and
SVANO ASCANI,
JURY TRIAL DEHlUlDED'
Defendants.
INTERROGATORIES/REOUEST FOR PRODUCTION 01'
Doct."HEN'l'S 01' DEI'ENDAN'l'S TO PLAIN'l'II'F
TO: Joanne H. Painter
c/o Roger M. Morgentha1, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
The Defendant, NeIls Food Stores and Svano Ascani, by his attorneys,
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands
that Plaintiff answer the following interrogatories under oath pursuant
to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of
civil Procedure 4006 within thirty (30) days from the service hereof.
These interrogatories shall be deemed continuing so, as to require
supplemental answers if affiants obtain further information between the
time the answers are served and the time of the trial.
Also, pursuant to Pa.R.C.P. Rule 4009, as amended, Plaintiff is
requested to produce for inspection, examination and copying, at the
offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, 110 S.
.-
Northern Way, York, Pennsylvania 17402, not later than thirty (30) days
after service of this Request, the documents herein described.
\
Definition of Terms
THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING
INTERROGATORIES:
A. "And" and "Or" means "and/or," and the singular form shall be
deemed to include the plural and vice versa.
B. "Describe" or "Description" when used with reference to any
conversation, communication, statement, meeting, or discussion or any
act, transaction, occurrence, happening, instance, or event, means to
provide the following information:
1. The subject matter and substance of that which took place;
2. The time, date and place thereof;
3. The identification of each person who participated
therein, or who was a witness thereto; and
4. The identification of each communication or document which
refers thereto or which was prepared or made during the course thereof
or as a consequence thereof.
C. "Documents" shall mean the originals, and all non-identical
copies (whether different from the originals because of notes made from
such copies or otherwise), of all written, printed, recorded or graphic
matter of every kind and description, including all attachments or
addenda annexed thereto, whether inscribed by hand or mechanical,
electronic, microfilm, photographic or other means, as well as phonic or
visual reproductions, in the possession, custody or control of plaintiff,
including by way of amplification and not limitation: contracts,
invoices, correspondence, notes, drafts, reports, plans, recordings,
diaries, desk calendars, interoffice and interoffice memoranda, memoranda
for file, memoranda of telephone conversations, and minutes of meetings
or conferences.
D. "He" and any other masculine pronoun includes any individual,
regardless of sex, to whom the interrogatory would otherwise apply.
E. "Identify," "Identification" or "Identity" means to provide the
following information:
1. When used with reference to a natural person, state his
full name and present or last known business and residence address, his
last known or present business affiliation, and his position in cusiness
affiliation at the time of the transaction, occurrence, event, happening,
or matter in question.
4
2. When used with reference to any entity other than a
natural person (e.g., corporation, partnership, joint venture or
association), state:
(al Its full names:
,.
(b) The address of its principal place of business; and
(c) Its organization form and its purposes, primary
business or activities.
3. When used with reference to an oral communication:
(a) State the place at which and the date on which such
oral communication occurred;
(b) Identify each person making such oral communication,
the person to whom it was made and each other person who was present (in
person or by telephone) when it was made;
(c) State the subject and substance of such oral
communication; and
(d) Specify, in accordance with paragraph (b) below,
each document which relates or refers to each such communication or which
was prepared and made during the course hereof or as a consequence
thereof;
F. "Person" means any natural person or any entity other than a
natural person, including, but not limited to, sole proprietorships,
5
,'.,
partnerships, corporations, associations, joint ventures, co-ventures and
any other legally recognized entity of any description whatever, as well
as all divisions, departments, affiliates, subsidiaries, or other sub-
units of the foregoing entities.
G. "specify" when used with reference to a "document," calls for:
1. The nature of the document (e.g., letter, contract, chart,
memoranda);
2. Its date;
3. Each author (and, in different, each signer) t~ereof, and
each person to whom the document was distributed;
4. Its subject matter and substance;
5. Its present or last known location or custodian;
6. The disposition of such document if it was but is no
longer in your possession or subject to your control; and
7. Any other information necessary to enable the custodian to
locate the particular document and necessary for use in a subpoena duces
6
,.....~-
(.
tecum or in a demand for the production of the documents under Rule 4009
of the Pennsylvania Rules of civil Procedure.
I. "Date" means the exact day, month and year if ascertainable, or,
if not, the best approximation (including the relation of other events).
J. "You" or "your" refers to and shall be construed to mean the
party to whom or to which these discovery requests are directed, as well
as that party's agents, representatives, including without limitation,
that party's counsel, insurance carriers and insurance agents, as well
as investigators hired or retained by the responding party, its agents,
representatives, or counsel.
7
I'...
1. Identify the person(s) answering these Interrogatories
(please note the definition of identity set forth above and supply
information required by that definition to fully answering these
1Interrogatories.)
2. On August 17, 1993, please explain how you paid for your
grocery order, cash, credit, food stamps, or a combination:
(a) Did you pay for your entire order utilizing only
government food stamp coupons:
'.
8
/'
,~,
(b) Did you tender any cash in addition to food stamps to
the cashier? If so, how much?
'.
3, Did your grocery order on August' 17, 1993 comprise of any
items that cannot be purchased by government food stamps?
4. Please name any items that you purchased that could not be
paid for by food stamps pursuant to government regulations?
9
(,"
~jif"'" ~~~'-;
,,;"."j'~
5. State each and every fact upon which you base your. contention
that Plaintiff was humiliated, embarrassed and shocked, and suffered
great and lasting mental anguish.
(a) Identify each person having knowledge or claiming to
have knowledge regarding any of the facts set forth in
the answer to ~his Interrogatory. As to each such
person, state specifically the facts of which such
person has knowledge or claims to have knowledge and how
such person came to have possession of such knowledge;
(b) Identify each and every document which supports, tends
to support or is claimed by you to support your answer
to this Interrogatory.
As to each such document,
identify those facts to which each such document refers
or relates and annex hereto a copy of each document; and
'.
10
(c) Identify each defendant or agent of defendant who
participated in the alleged conduct and state the nature
and extent of his or her participation.
6. State each and every fact upon which you base your contention
that Nell's Food Stores and Svano Ascani acted "falsely, maliciously, and
with no probable cause" and that the charges were "malicious and
unfounded."
(al Identify each person having knowledge or claiming to
have knowledge regarding any of the facts set forth in
the answer to this Interrogatory. As to each such
~erson, state specifically the facts of which such
person has knowledge or claims to have knowledge and how
such person came to have possession of such knowledge;
11
,.
.
(b) Identify each and every document which supports, tends
to support, or is claimed by you to support ~our answer
to this Interrogatory. As to each such document,
identify those facts to which each document refers or
relates and anneK hereto a copy of each document; and
lc) Identify each defendant that participated in the conduct
alleged and describe his or her participation.
7. Describe in detail each and every job or position which you
held prior to August 7, 1993. For each position, set forth: '.
(a) Name of the entity which employed you;
(b) The job or position that you performed;
(c) Identity of any person known to you who possesses or
claims to possess knowledge of any fact concerning your
12
employment with that employer;
(d) Your date of hire and last day worked;
(e) Reason for leaving;
(f) Wages or salary while employed; and
(g) Whether any claim for unemployment compensation, workers
compensation, wrongful discharge, EEO violation, etc.
was filed against the employer either during your
employment or after employment.
13
8. Describe in detail each and every jOb or position for which
you applied after August 17, 1993. For each job or position ~isted, set
forth:
(al The name of the entity to which you applied;
(b) The job or position for which you applied;
(c) Identity of any person to whom you applied or who
possesses knowledge of your application;
(dl The date you applied; and
(e) Identify any document relating to each job or position
for which you applied.
Attach a copy of each document.
14
l
.
I
,
9. Describe in detail each and every job for which you
interviewed since August 17, 1993. For each interview, set forth:
(a) The name of the entity with which you interviewed;
(b) The jOb or position for which you interviewed;
(c) Identify any person with whom you interviewed or whom
possesses knowledge of your interview;
(d) The date of any and all interviews; and
(e) Identify any document relating to each interview.
Attach a copy of each document.
..
lS
,.
10. State, in detail, all medical or psychological treatment for
any physical or mental condition alleged in your complaint a~d received
by you from August 17, 1993 until today, including the following
information:
(al The name, address, telephone number of the provider,
doctor, psychologist, psychiatrist, therapist, Clinic,
or hospital;
(bl Dates of treatment, including whether out-patient or in-
patient;
(c) Whether the cost of such treatment was paid by
insurance, workers compensation, or otherwise;
(d) The reason for any medical treatment, inclUding
diagnosis, and whether the medical treatment continued;
(e) Identify the names of all drugs prescribed and/or taken
by you, including the dates during which the drugs were
used;
(fl State whether you have applied for social security
disability benefits at any time; and
(gl State which medical treatments allegedly arose out of
your incident with defendant as opposed to pre-existing
conditions.
16
..-
11. Please identify all medical or hospital reports, diagnosis or
prognosis from any hospital, physician, or health care provider
concerning any physical or mental condition alleged in your Complaint.
For each report, identify:
(al Its date;
(b) Its author;
(c) Its recipient and persons copies; and
(d) Its present location and location of copies thereof.
17
-
12. Are you currently under treatment for any physical or mental
condition? If so:
(a) Where:
(b) By whom;
(c) How frequently are such treatments given to Y". at the
present time.
13. State the names of all witnesses you expect to call at trial.
..
18
14. Identify each document or exhibit you intend to use at trial.
19
15. Identify any and all sources of income received by you. For
each source of income set forth:
(al The dates you received such income;
(b) The amounts received;
(cl Identify each person known to you who possesses or
claims to possess knowledge of any source of income; and
(dl Identify each document reflecting any source of income.
16. Please state all documents that substantiate that Plaintiff
incurred attorneys fees and other expenses in the amount of $5,000.00.
(al Name all persons having knowledge of this legal expense.
20
17. Please state the amount of income Plaintiff earned or received
for the last seven (7) years.
18. Please state each type of damages that Plaintiff seeks from
this suit, specifying the exact amount of liquidated damages.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
BY
jsh/nells.int
21
AND NOW, this
o"l",i >- J.
d day of ~.(U~ ~
, 1996, I, Janice S.
.' ,
IN THE COURT 01' COHiofON PLEAS 01' ctlHBERLANIl COUN'l'Y, PENNSYLVANIA
JOANNE H. PAINTER,
NO.: 94-4621
Plaintiff,
va.
CIVIL ACTION - LAW .
NELLS 1'000 STORES and
SVANO ABCANI,
Defendants.
JURY TRIAL DEMlUlDED
CERTII'ICATE OF SERVICE
Hendler, for the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS,
Esquires, hereby certify that I have, this date, served a copy of
INTERROGATORIES/REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS TO
PLAINTIFF by United States Mail, addressed to the party or attorney of
record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER , LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
o South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
Attorneys for Defendants
22
.'
"
.' .
, '
IN THE COURT 01' COHHON PLEAS 01' ctlHBERLANIl COUN'l'Y, PENNSYLVANIA
JOANNE H. PAIN'l'ER,
NO, : 94-4621
Plaintiff,
vs.
CIVIL ACTION - LAW
NELLS 1'000 STORES and
SVANO ASCANI,
JURY TRIAL DEHl\NDED
Defendants.
DEFENDANTS' REOUEST I'OR PRODUCTION OF
DOCUMENTS DIRECTED TO PLAINTII'F
TO: Joanne H. Painter
c/o Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER , LINDSAY
11 East High Street
Carlisle, PA 17013-3016
PLEASE TAKE NOTICE THAT PURSUANT TO Pa.R.C.P. 4009, you are required
to furnish at our office, on or about thirty (30) days of service hereof,
a photostatic copy or like reproduction of the materials concerning this
action or its subject matter which are in your possession, custody or
control and which are not protected by the attorney/client privilege; or,
in the alterative, produce the said matter at said time to permit
inspection and copying thereof:
1. The contents of any investigation file or files and any other
documentary material in your possession or control which support or
relate to the allegations contained in the Plaintiff's Complaint or the
allegations contained in the Defendants' Answer and New Matter (excluding
any documents or portions thereof found in such file whose production
would disclose the mental impressions of Defendants' attorney or his
conclusions, opinions, memoranda, notes or summaries, legal research or
legal theories or would require disclosure of ,the mental impressions,
'I
.' .
conclusions or opinions respecting the value or merit of Plaintiff's
claim or its defense or respecting strategy or tactics of a
representative of the Defendants other than Defendants' attorney.)
2. Any and all statements concerning the action, as defined by
Rule 4003.4, from all witnesses including any statements from the parties
herein, or their respective agents, servants or employees.
3. All photographs taken or diagrams prepared of the scene of the
accident or any instrumentality involved therein.
4. Any and all documents containing the names and home and
business addresses of all individuals contacted as potential witnesses.
5. Any medical reports, records, notes or other memoranda
concerning the Plaintiff's physical or emotion conditions,
6. All, legal bills, time sheets, contracts for legal services
that relate in any way to the legal fees requested in Plaintiff's
Complaint.
7. All resumes or curriculum vitae of each and every technician
or expert whom y,ou intend to call as a witness during the trial of this
case.
8. All exhibits you intend to introduce at the trial of this
action.
.. .1 .
.. . I ~
9. Any applications for employment or documents that relate to
any employment applied for since August 17, 1993,
10. Please provide all federal income tax returns for the last
seven (7) years.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
BY:
F. Y
orney f Defendants
upreme Court I.D. No. 55741
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
jsh/nells. int
..
.
.. ,I '-
IN THE COURT 01' COHM:)N PLEAS 01' ctlHBERLANIl COUN'l'Y, PENNSYLVANIA
JOANNE H. PAIN'l'ER,
NO. : 94-4621
Plaintiff,
vs.
CIVIL ACTION - LAW
NELLS I'OOD STORES and
SVANO ASCANI,
Defendants.
JURY TRIAL DEMlUlDED
CER'rII'ICA'rE OF SERVICE
AND NOW, thiS:t.!!!:. day of A~~ , 1996, I, Janice S.
Hendler, for the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS,
Esquires, hereby certify that I have, this date, served a copy of
DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF by
United States Mail, addressed to the party or attorney of record as
follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER , LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
'.
Attorneys for Defendants
0,.
. .
JACOBS & SABA
(NOT A '''''11'IOUIII')
ZI4SENATEAvENUE
SUITE 503
CAMPHILL,PA 17011
(717) 731009II
r,Utl (717) 731.cl917
TOO (100) &JJ.J4Jl
DoNALD R. DoUR
GUIOD'" RJCKAIlOSI
ATrokNr.v1
.CJ:RnnIDC'lVlL TIUALADVOCAn
NAnONAI. Do...... 0' TIUALADVOCACY
UINIIE Y. KAu.....tAN,
LmOAnON 'AJW.lOAI.
Rlrl. TOI
AprilS,2001
Roger Morgenthal, Esquire
9S Alexander Spring Road, Suite 3
Carlisle, PA 17013
Michael B. Scheib, Esquire
110 South Northern Way
York, PA 17402
Re: Joann Painter vs. Neils Food, Inc.
Cumberland County: No. 94.4621
Dear Counsel,
Enclosed is a revised Notice of Arbitration Hearing in the above matter, which hearing
was rescheduled from March 16, 2001 at the request of the Plaintiff.
As I had mentioned in recent conversations with counsel for both parties, I have
recognized in hindsight that I had no authority to grant the continuance of the March 16,2001
hearing pursuant to Pa.R.C.P, ~ 1303. Both counsel have advised that they will be guided
accordingly hereafter.
It is also my understanding that the rescheduled hearing date is, in any event, convenient
to the calendars of counsel for both parties. Although neither of the arbitrators were contacted
with regard to this rescheduled hearing date, I believe that I have provided ample notice of this
rescheduled hearing. Should this revised hearing date prove inconvenient to either of the other
arbitrators, I would ask that they consider obtaining substitute arbitrators if the need arises due to
the long pendency of this case.
Thank you for your attention and cooperation.
Sincerely yours,
Donald R, Dorer
IW Dcll'k
Enclosure . u 7:i <.,
c: Dirk E, Berry, Esquire ,_4. t-
Lisa M. Coyne, Esquire
Employee. of NntioR\\;dc<ll MutunllnsUllUlcc Company
BdhIchcm' camp lIiII- Canonsburs' Do)'lesto"T1' OrtcnsburS' Media. NonistO,,"T1' Philadelphia' Warrmdate' Wilkes Barre
~,
..
JOANN PAINTER,
PLAINTIFF
VS.
NELl,S FOOD, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-4611 CIVIL TERM
CIVIL ACTION- LAW
NOTICE OF ARBITRATION HEARING
The undersigned Chairperson of the Arbitration Panel hereby reschedules a hearing in the
above matter to be held in the Second Floor Hearing Room, Old Courthouse Building, Carlisle,
Pennsylvania on Friday,lune 22,2001 at 9:00 a.m,
Dated: April S, 2001
COPIES TO:
Roger Morganthal, Esquire
9S Alexander Spring Road, Suite 3
Carlisle, PA 17013
Michael B, Scheib, Esquire
110 South Northern Way
York, PA 17402
Dirk E. Beny, Esquire
100 Pine Street
Harrisburg, PA 17101
Lisa M. Coyne, Esquire
3901 Market Street
Camp Hill, PA 17011
Court Administrator
CUllIllcll,lI.d lll,lIIl)' CUlInhuusc
One Courthouse Square
Carlisle, PA 17013
LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
ROIERT H GRlffmt
ROIERT.. ITRtCKUR
ROIERT It LERMAN-
PETER 0 lot. YMOI
CHARLES. CALKINS
PoIU\.O LUTZ"
MICHAEL 8 BCHEIB-
-AlIa MMlbIt MO a-
U M (T"IllOnJ. 11Io Member CT"
-Alto Member NY tnd 0 C I..
110 S NORTHERN WAY
YORK, PENNSYLVANIA 17~02.3737
TELEPHONE (7t11157-1ea2
FAI. 1'171'57.3113
EMAlL atltc~ta rom
ANN MARGARET GRAIl
LIlA M GlERNARDO
THOMAS B SPONAUGLE
WAYNE E. BRADBURN, JR
MARK" OY4NS
UIChMII IdHIEMAIt. MtcNbftolllCoorn
March 28, 2001
Roger M, Morgenthal, Esquire
FLOWER, MORGENTHAL. FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
RE:
Joanne H. Painter v. Nell's Food Stores and
Svano Ascanl
In the Court of Common Pleas of Cumberland County
Case No. 94-4621
Dear Attorney Morgenthal:
{ ( 1- 'r~ 1
'L' l' ['
It has been two (2) weeks since this arbitration hearing was continued at your
request. You also stated that your office would take responsibility for rescheduling It.
To date, I have not heard anything from your office regarding a new date for the
hearing,
Please take steps to reschedule this matter.
Very truly yours,
MICHAEL B. SCHEIB
MBS/cas
cc:
mbs/nells.ltr
, \'~~\
fl.:/" .
/.
JACOBS & SABA
(Sor" PAIITNIRJIIIP)
ZI4 SENATE AVENUE
SUITE 503
CAMP HILL, PA 17011
(717)731.0988
F"'~I(7I7)731-G'17
TOO (100) 6JJ.JUI
DoNALD R. Do...
GIRARD Y.. RICKAROS-
AnUMI,,'.
.CERnFIED CIVIL TRlALAo\'OCAn
NAnONAL Da.UD or TRIAL ADVOCACY
DENISE E. KAUFFMAN.
LmC4TION PAJlALEOAL
RErEa To:
March 15,2001
FACSIMILE TRANSMISSION
Roger Morgenthal, Esquire
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Michael B. Scheib, Esquire
110 South Northern Way
York, PA 17402
Re: Joann Painter vs, Neils Food, Inc,
Cumberland County: No, 94-4621
Dear Counsel,
In reply to Mr. Morgenthal's letter of March 14,2001, this is to confirm that the
arbitration hearing set to be held on Friday, March 16, 2001 is hereby continued at the request of
the Plaintiff, and with the concurrence of the Defendant.
It is understood that Mr. Morgenthal's office will assume the responsibility of contacting
all other counsel and arbitrators with regard to rescheduling this hearing with dispatch. However,
once a new date is arranged, I will be pleased to issue the appropriate order and make the
necessary hearing room arrangements with the Court Administrator's office.
Thank you for your attention,
DRD:dek
c: Dirk E, Ben)', Esquire
I j',l i\1 ("'\'1',', """1I'''.,
Emplo\'ccs or Nntion,,;de1J Mutuallnsurnncc Cnmpanv
Bethlehem' Camp JliII- Canonsburs' Doylesto\l.u' Ormuburg' Media' NorrisIO\lo11' Philadelphia' Wurcndale' Wilkes B.vrc
MAR-14-01 10:46 AM
P.01
a...." I, Fllhmlll
ROF M. Mora'"lh.1
FISHMAN & MORGENTHAL
uW omen
9' AlllIndcr Sprln. ROld. Sui.. r
Carlllle, Pelllll)'l.1111117013.9137
E.MAlL: rolcr@earllllellw.com
(717)249-6333
FAX (717)249.7334
March 14,2001
Donald R, Dorer, Esquire
JACOBS & SABA
214 Senate Avenue, Suite S03
CarnpHlII,PA 17011
VIA FAX ONLY TO 731-0987
HARD COPY WILL NOT BE SENT
RE:
Painter va. NeIll Food, Inc.
Cumberland County: No. 94.4621
Dear Mr, Dorer:
I regret that I must ask for the arbitration hearing In the above matter, where you are Chairman of :
the Arbitrators, to be continued, It Is currently scheduled for this comlnll Friday, March 16,2001, at '
9:00 AM In tho Old Courthouse Hearlnll Room In Carllale.
The reason for the continuance Is that I expect to be required to attend II federal court hearing on
Friday concerning a preliminary Il\lunc(ion request against another client for an alleged violation of a
noncompete agreement, My partner Is not familiar with that case or the Painter case, so he could not fill
in for me In either forum,
We will assume the onus of rescheduling the hearing, and as soon as reasonably possible,
Thank you for your consideration of this request.
Very truly yours,
.~(l.r-J-
Roger M, Morgenlhal. Esquire
FAX copies to:
Michael Scheib, Esquire
Dirk E. Berry, Esquire
Lisa M. Coyne. Esquire
"
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JACOBS & SABA
(NOT A r"",,,...,,..)
ZI4 SENATE AVENUE
SUITE 503
CAMP HILL, PA 17011
(717) 731.0918
ru. (717) 731.cw87
TOO (800) 6JJ.J4J 1
DONALD R. DoRlR
ClRARD E. RICKARDS-
AnolUfttJ
.ClRn'IEoC'ML TIlW.AD\'OCAR
NAnONAL B04llD or TauL AD\'OCACY
Dt.""ISE E. K4urnlA.....
LmOAnON PAJW.Io.u.
RnE. To:
January 26, 200 I
Roger Morganthal, Esquire
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Michael B. Scheib, Esquire
110 South Northern Way
York, PA 17402
Re: Joann Painter vs. Neils Food, Inc.
Cumberland County: No. 94-4621
Dear Counsel,
While conferring with Mr, Scheib relative to an unrelated matter on January 22,2001, I
was advised that Judge Hoffer had appointed me Chairperson of the Arbitration Panel in the
above matter by Order dated November 8, 2000. As I regret the delay in my notification of my
appointment, it is my intent to schedule an arbitration hearing as expeditiously as possible, and I
have enclosed a Notice of Arbitration Hearing herewith.
If counsel for either party, or any of the other appointed arbitrators, find the scheduling of
this hearing to be inconvenient, please contact me immediately with regard to the rescheduling of
the hearing, In such event, I may ask that the requesting party then assume the onus of
rescheduling the hearing.
-
Thank you for your attention and cooperation,
DRD:dek
c: Dirk E. Berry, Esquire ./
Lisa M. Coyne, Esquire'
cerely y
l:"i'" " -.. I !"\!:ll~.."I\'.i,! ;', ',l:!!!'-'!!I< !':;:'~ ""l"~l!':"'"
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JOANN PAINTER,
PLAINTIFF
YS.
NELLS FOOD, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSVLVANIA
No. 94.4611 CML TERM
CIVIL AcrlON - LAW
NOTICE OF ARBITRATION HEARING
The undersigned Chairperson of the Arbitration Panej hereby schedules a hearing in the
above matter to be held in the Second Floor Hearing Room, Old Courthouse Building, Carlisle,
Pennsylvania on Friday, March 16,2001 at 9:00 a.m.
Dated: January 26,2001
COPIES TO:
Roger Morganthal, Esquire
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
Michael B, Scheib, Esquire
110 South Northern Way
York, PA 17402
Dirk E, Berry, Esquire
100 Pine Street
Harrisburg, PA 17101
Lisa M. Coyne, Esquire
3901 Market Street
Camp Hill, PA 17011
Court Administrator
Cumberland County Courthouse
Onc Cl'lIrthou~c Square
Carli sIc, I' A I 70 I.l
Donald R. Dorer, Esquire
Chairperson
(.. ", ."."...~~t<i
, .
---...-......
PRAECIPE FOR WRIT OF SUMMONS
JOANNE H. PAINTER
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94- l/uJ( Civil Term
v.
NELLS FOOD STORES and
SV ANO ASCANI
Defendants
TO THE PROTHONOTARY OF SAID COURT:
Please issue a Writ of Summons in Treaspass against the above narned defendants, and
direct the Sheriff to accomplish service upon them at the Nell's Store in Stonehedge Plaza, 950
Walnut Bottom Road, Carlisle, Pennsylvania.
FLOWER, MORGENTHAL, FLOWER & UNDSA Y
Attorneys for Plaintiff
By:
es D. Flower, Jr.
#27742
East High Street
lisle, PA 17013
(717) 243-5513
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Commonwealth of Pennsylvania
County of Cumberland
Joanne H. Painter
111.
Court oC Conunoll Pleas
94-4621 Civil Term
19____
No,
-------------------------------------
Nells Food Stores and
Svano Ascani
Stonehedge Plaza
950 Walnut Bottom Road
Carlisle PA 17013
civil Action - Lew
In _____________________________________________
Nells Food stores and Svano Ascani:
1:0 _____________________________________________
You are hereby notified that
Joanne H. Painter
.------------------------------------------------------------------------------------------------
the Plainrier
.. Summons - Civil Action - Law
has commenced an acuon .n ________________________________________________________
against you which you are required to deCend or a deCault judgment may be entered against you.
(SEAL)
Date _________[\_l!9..1!~.!._]._1l~_______ 19_~~_
Lawrence E. Welker
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SHERIFF'S RETURN
CCMolONWEAL'I1I OF PENNSYLVANIA:
COUNTY OF CLMBERLAND
Joanne H. Painter
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-4621 Civil Term
Summons in Civil Action Law
VS
Nells Food Stores and
Scano Ascani
Robert L. Fink
, ~K~lCM or Deputy Sheriff of
Cunberland County, Pennsylvania, who being duly sworn according
Summmons in Civil Action Law
to law, says,
that he served the within
Nells Food Stores and Scano
upon
A~cfmidefendant, at
d f August
ay 0
2:40
o'clock
, 1994at
P
.M. ~/ EDST, on the
18th
950 Walnut Bottom Road. Carlisle
, Cumberland County,
Shoemaker Office Clerk for both
Pennsylvania, by handing to
Holly
a true and attested copy of the
Summcns in Civil Action Law
and at the same time directing her
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
2.80
4.00
24.80 pd.
8-19-94
by atty
So answers:
',;.-. -
-~L_""JI /;i:,.. .'
ll- Th~S Kline, Sheriff
'by@~h2~
Deputy Sheriff
$
Sworn and subscribed to before me
this
19
Prothonotary
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............
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER,
Civil Action - Law
Plaintiff
vs.
No. 94-4621
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa,R.C.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Robert A. Lerman and John F. Yaninek
of Griffith, StriCkler, Lerman, Solymos , Calkins, as attorneys for the
Defendants, Nells Food Stores and Svano Ascani, in the above-captioned
matter and mark the docket accordingly.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
By:Q~ A. -I..eNw .
ROBERT A. LERMAN
Supreme Court I.D. #07490
BY:
YANIN
preme Court 1.0,
10 South Northern
York, Pennsylvania
(717) 757-7602
#55741
Way
17~02
Attorneys for Defendants
Date: August 19, 1996
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CERTIFICATE OF SERVICE
AND NOW, this 19th day of August, 1996, I, Robert A. Lerman, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS,
hereby certify that I have, this date, served a copy of PRAECIPE FOR
ENTRY OF APPEARANCE by United States Mail, addressed to the party or
attorney of record as follows:
Roger M. Morgenthal, Esquire
Flower, Morgenthal, Flower , Lindsay
11 East High Street
Carlisle, PA 17013-3016
Attorney for Plaintiffs
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
BY:
ROBERT A. LERMAN
Attorney for the Defendant
Supreme Court I.D. *07490
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
tmc/nells.prp
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JOANNE H. PAINTER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
CIVIL ACTION - LAW
Plalnllff
va.
NO: 94-4621 CIVIL TERM
NELLS FOOD STORES and
SVANO ASCANI,
Defendanl
CERTIFICATE OF SERVICE
AND NOW, this
2(,J-)...
,1996,
AlA~T-
, I
day of
I ROGER M. MORGENTHAL, Esquire, of the law firm of FLOWER, MORGENTHAL, FLOWER &
LINDSAY, P.C" hereby certify that I served the Complaint in the above-referenced matter via
Certified Mail, Return Receipt Requested to Defendants as follows:
Neils Food Stores (Delivered on 8/15/96)
Stonehedge Plaza
950 Walnut Bottom Road
Carlisle, PA 17013
Svano Ascani (Delivered on 8/23/96)
500 Cambria Avenue
Harrisburg, PA 17111
and proof thereof, the signed Return Receipt Card, is attached hereto.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
/?J)11//h Aj;l~1L-
Roger M. Morgentha(, Esquire
ID # 17143
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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t . ComlIIoIo 1.- I ond/'; ~ lot _ II......, I .1.0 wl.h 10 r.c.lv. Ih.
I. c........ - 3. ond .. · b, lollowlng ..rvlc.. lIor .n ..Ir. j' '.,
. Print your "arM and idCk... on the flVII'" 01 this fonn 10 that WI CIn fHI: .
rttum ,hit catd to you.
t AnKh tN, 'Dfm 10 the 'fOnt 01 the mtllpMicl, or on the blck It .pece 1. dd'.....~' Addr...
doe. not permit.
.I . Writ. ""atum R.~pl Requelttd" on the mlllp6ece bttow the trUe" number IItrlcted ,I v I
. The R,lurn Receipt wlll.how to whom the ,nlele WII dtMw.red and thI de" I,
8 dlMveNd. Cantult oltm...er for 'H.
13. Artlcl. Addr....d 10: 41, Arllcl. Number
: Ne11s Food Stores P 214 466 421 j,:
t .Stonehedge Plaza I 4b. S.rvlc. Typ.
o 950 Walnut Bottom Road 0 R.gl.l.red Oln.ured
, :;. Carlisle, PA 17013 )(C.~lfl.d 0 COD l'
t .. ........... at 0 Expr... M.II ,cR.lurn R...lpllor 1,
, .... ....: ore Manager II
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t 6, 8, Addr.....'. Addr .. 10nly If r.qu..led 'I
, .nd I.. I. p.ldl F.
. D...mber 1991 *U...CII'O:l...-....... DOMESTIC RETURN RECEIPT
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i . COmplete ~1ftW 1 tndIof 2 for tdctIOon4I Hnrices.
. Compltte ItemI 3. Iftd 4. . b.
I . Print your name and Iddr... on tM r.VI,.1 of this fOfm 10 thlt WI can
i fltum thlt c.rcI to you.
!! . Atuch thlt fcmn 10 the 'font of the mtllp'lcl. or on the blc:k if .pICI
~ dot. not permit.
. . Wnw "Altum Receipt Requtl1tc1" on thI mailplece below thl.rt~ number
"b . Tht Return Rlceipt wlll.how tD whom lhe Irtlcle WII delivered Ind the dltl
g d........,
1 3, Artlcl. Addr...ed 10:
i Svano Ascani
e 500 Cambria Avenue
8 ~arrisburg, PA 17111
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8. Addre......
end I.. I. p.
5, SI n.tu. I
. D.c.mber 1891
.u.s. GPO; 1113-352-714
DOMES
PlaIntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
CIVIL ACTION. LAW
r:\W)'.II\I'ld.\Scnlln<l,Ce,\.m, ,
JOANNE H. PAINTER,
VB.
NO: 94.4621 CIVIL TERM
NELLS FOOD STORES and
SVANO ASCANI,
Defendant
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IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA
JOANNE H. PAINTBR, I NO.1 94-4621
Plaintiff, I
I
vs. I CIVIL ACTION - LAW
I
NELLS FOOD STORBS and I
SVANO ASCANI, I
Defendants. I
WITHDRAWAL/ENTRY OF APPEARANCE
Please withdraw the appearance of John F. Yaninek, Esquire
....
for Defendants NeIls Food Stores and Svano Ascani and Enter the
Appearance of Michael B. Scheib, Esquire for Defendants
NeIls Food Stores and Svano Ascani.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
B .
F. Y
At orney fo
S pre me Cou I.D. No, 55741
10 S. Northern Way
York, PA 17402
Telephone: 717-757-7602
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY:
,.
IN THB COURT OP COMMON PLEAS OP CUMBBRLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTBR, I NO.1 94-4621
Plaintiff, I
I
VS. I CIVIL ACTION - LAW
I
NELLS POOD STORBS and I
SVANO ASCANI, I
Defendants. I
7~RTdlaPyICATB OP lBR~~
AND NOW, this of ~, 1997, I, Michael
B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER,
LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have,
this date, served a copy of a Withdrawl/Entry of Appearance by
United States Mail, addressed to the party or attorney of record
as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY'Ml(~~
110 South Northern Way
York, Pennsylvania 17402
Sup. Ct. I.D. No. 63868
Telephone: (7171 757-7602
Attorney for Defendants
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94.4621
Plaintiff,
vs.
CIVIL ACTION. LAW
J.OLu-<-
NELLS FOOD STORES and
SVANO ASCANI,
Defendsnts.
JURY TRIAL DEMANDED
REPLY OF DEFENDANTS
TO THE PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL
Defendants object to Plaintiff's request to stay further discovery in this matter
for a period of six (6) months, Defendants served their discovery requests In
December 1996, Defendants have already waited more than seven (7) months to
receive responses to the discovery requests. An additional six (6) months is
unnecessary and prejudicial to the Defendants.
Attached hereto as Exhibits 1 and 2 are the Interrogatories and the Request for
Production of Documents which were served upon the Plaintiff, Interrogatory
Numbers 2 through 4 inquire as to what items Plaintiff intended to purchase at
Defendant's store on the day of the alleged incident as well as how Plaintiff intended
to pay for these items. These Interrogatories seek information which is within the
personal knowledge of Plaintiff. She should not need to review any documentary
information in order to respond to these Interrogatories,
In her Compleint, Plaintiff has alleged that she was humiliated, embarrassed and
shocked and suffered great and lasting mental anguish, Interrogatory Number 5 has
asked her to identify persons having knowledge of these facts and to identify each
Defendant or agent of the Defendant who participated in the alleged conduct which
caused the embarrassment, humiliation or shock, This information is also within the
I
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personal knowledge of Plaintiff Painter. Defense counsel is unaware of what
"documentery information" could exist which would assist Plaintiff with her response
to these Interrogatories, In addition, the Interrogatory requests the names of
witnesses. Once these people are identified defense counsel will contact the
witnesses to ascertain what knowledge they posses. A delay of six (61 months will
only allow memories to fade or witnesses to move or disappear.
In her Complaint, Plaintiff alleges that Defendants acted "falsely, maliciously
and with no probable cause". Interrogatory Number 6 asked Plaintiff to identify each
individual who has knowledge of these facts and to identify each Defendant who
participated in the alleged conduct. Once again, this information is within Plaintiff's
personal knowledge. Defense counsel is unaware of what "documentary information"
could exist which would assist Plaintiff in responding to this Interrogatory.
Furthermore, a delay of six (61 months will allow a witness' memory to fade or the
witness to move or disappear.
Plaintiff has alleged a claim for lost wages or loss of earning capacity.
Interrogatory Numbers 7, 8, and 9 inquire into positions that she held before the
accident as well as positions which she has applied for and/or interviewed since the
accident, Once again, Plaintiff has personal knowledge of this information. Plaintiff
probably does not need to review records to answer it. If Plaintiff feels that the
information could only be answered in a partial fashion, she can always supplement
her answers at a later date.
Plaintiff has alieged medical and/or psychological injury in this case.
Interrogatories 10 through 12 inquire as to the name and addresses of health care
providers which she has seen as a result of the incident which is the subject of this
lawsuit. Although Plaintiff may not have all medical records in her possession, she
should be able to Identify the health care providers which sha has seen and whether
she is still under the current care of that person, Once defense counsel has this
information he can take any and all steps he needs to obtain a complete set of
Plaintiff's medical and lor psychological records.
The remaining Interrogatories focus upon various aspects of Plaintiff's damages,
Once again, much of this Information Is within Plaintiff's personal knowledge. If
Plaintiff feels she cannot completely answer the Interrogatory, she Is free to
supplement her answer at a later date,
In conclusion, defense counsel believes that there Is no reason for a six (6)
month stay of discovery. Defendant believes that Plaintiff should be ordered to
provide answers to many of the discovery requests. Plaintiff Is free to supplement her
answers at a later date. If Plaintiff provides answers to the discovery requests at this
time, defense counsel can take steps to keep discovery moving forward.
WHEREFORE, Defendant respectfully requests this Honorable Court to grant the
Motion to Compel. If Plaintiff fails to produce the discovery responses within the
period set forth by the Court, then the Cou~t may impose appropriate sanctions.
GRIFFITH, STRICKLER, lERMAN,
SOL YMOS & CALKINS
BY:
Mic ae B. cheib, squire
Attorney for Defendants
Supreme Court 1.0. No. 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94.4621
Plaintiff,
vs.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendants.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
~
AND NOW, this fr day of ~, 1997, I, Michael B. Scheib, Esquire,
with the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby
certify that I have, this date, served a copy of the Reply of Defendants to the
Plaintiff's Response to Defendants' Motion to Compel by United States Mail,
addressed to the party or attorney of record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY: W
Michael B, Sc el , Esquire
Attorney for Defendants
Supreme Court 1.0. No, 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
alb/MBS/nells.ple
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER,
NO. : 94-4621
P1aint.iff,
VB.
CIVIL ACTION - LAW
HELLS I'OOD STORES and
SVANO ASCANI,
JURY TRIAL DEMANDED'
Defendants.
INTERROGATORIES/REOUEST FOR PRODUCTION OF
DOCtJMEN'1'S OF DEFENDANTS TO PLAIN'l'II'F
TO: Joanne H. Painter
c/o Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER' LINDSAY
11 East High Street
Carlisle, PA 17013-3016
The Defendant, Nells Food Stores and Svano Ascani, by his attorneys,
"
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands
that Plaintiff answer the following interrogatories under oath pursuant
to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of
Civil Procedure 4006 within thirty (30) days from the service hereof.
These interrogatories shall be deemed continuing so.. as to require
supplemental answers if affiants obtain further information between the
time the answers are served and the time of the trial.
Also, pursuant to Pa.R.C.P. Rule 4009, as amended, Plaintiff is
requested to produce for inspection, examination and copying, at the
offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS, 110 S.
Northern Way, York, Pennsylvania 17402, not later than thirty (30) days
after service of this Request, the documents herein described.
..
Definition of Te~s
THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING
INTERROGATORIES:
A. "And" and "Or" means "and/or," and the singular form shall be
deemed to include the plural and vice versa.
B. "Describe" or "Description" when used with reference to any
conversation, communication, statement, meeting, or discussion or any
act, transaction, occurrence, happening, instance, or event, means to
provide the following information:
1. The subject matter and substance of that which took place;
2. The time, date and place thereof;
3. The identification of each person who participated
therein, or who was a witness thereto; and
4. The identification of each communication or document which
refers thereto or which was prepared or made during the course thereof
or as a consequence thereof.
C. "Documents" shall mean the originals, and all non-identical
copies (whether different from the originals because of notes made from
such copies or otherwise), of all written, printed, recorded or graphic
matter of every kind and description, including all attachments or
addenda annexed thereto, whether inscribed by hand or mechanical,
electronic, microfilm, photographic or other means, as well as phonic or
visual reproductions, in the possession, custody or control of Plaintiff,
including by way of amplification and not limitation: contracts,
invoices, correspondence, notes, drafts, reports, plans, recordings,
diaries, desk calendars, interoffice and interoffice memoranda, memoranda
for file, memoranda of telephone conversations, and minutes of meetings
or conferences.
D. "He" and any other masculine pronoun includes any individual,
regardless of sex, to whom the interrogatory would otherwise apply.
E. "Identify," "Identification" or "Identity" means to provide the
following information:
1. When used with reference to a natural person, state his
full name and present or last known business and residence address, his
last known or present business affiliation, and his position in business
affiliation at the time of the transaction, occurrence, event, happening,
or matter in question.
2. When used with reference to any entity other than a
natural person (e.g., corporation, partnership, joint venture or
association), state:
(al Its full names;
4
(.
(b) The address of its principal place of business; and
(c) Its organization form and its purposes, primary
business or activities.
3. When used with reference to an oral communication:
(a) State the place at which and the date on which such
oral communication occurred;
(b) Identify each person making such oral communication,
the person to whom it was made and each other person who was present (in
person or by telephone) when it was made;
(c) State the subject and substance of such oral
communication; and
(d) Specify, in accordance with paragraph (b) below,
each document which relates or refers to each such communication or which
was prepared and made during the course hereof or as a consequence
thereof;
F. "Person" means any natural person or any entity other than a
natural person, including, but not limited to, sole proprietorships,
5
/.
partnerships, corporations, associations, joint ventures, co-ventures and
any other legally recognized entity of any description whatever, as well
as all divisions, departments, affiliates, SUbsidiaries, or other sub-
units of the foregoing entities,
G. "Specify" when used with reference to a "document," calls for:
1. The nature of the document (e.g., letter, contract, chart,
memoranda);
2. Its date;
3. Each author (and, in different, each signer) t~ereof, and
each person to whom the document was distributed;
4. Its subject matter and substance;
5. Its present or last known location or custodian;
6. The disposition of such document if it was but is no
longer in your possession or subject to your control; and
7. Any other information necessary to enable the custodian to
locate the particular document and necessary for use in a subpoena duces
6
tecum or in a demand for the production of the documents under Rule 4009
of the Pennsylvania Rules of Civil Procedure.
I. "Date" means the exact day, month and year if ascertainable, or,
if not, the best approximation (including the relation of other events) .
J. "You" or "your" refers to and shall be construed 1;0 mean the
party to whom or to which these discovery requests are directed, as well
as that party's agents, representatives, including without limitation,
that party's counsel, insurance carriers and insurance agents, as well
as investigators hired or retained by the responding party, its agents,
representatives, or counsel.
..
7
1. Identify the person (s) answering these Interrogatories
(please note the definition of identity set forth above and supply
information required by that definition to fully answering these
Interrogatories.)
2. On August 17, 1993, please explain how you paid for your
grocery order, cash, credit, food stamps, or a combination?
(al Did you pay for your entire order utilizing only
government food stamp coupons?
'.
s
(b) Did you tender any cash in addition to food stamps to
the cashier? If so, how much?
3. Did your grocery order on August' 17, 1993 comprise of any
items that cannot be purchased by government food stamps?
4. Please name any items that you purchased that could not be
paid for by food stamps pursuant to government regulations?
'.
9
,.
5. State each and every fact upon which you base your,contention
that plaintiff was humiliated, embarrassed and shocked, and suffered
great and lasting mental anguish.
(al Identify each person having knowledge or claiming to
have knowledge regarding any of the facts set forth in
the answer to ~his Interrogatory. As to each such
person, state specifically the facts of which such
person has knowledge or claims to have knowledge and how
such person came to have possession of such knowledge;
(bl Identify each and every document which supports, tends
to support or is claimed by you to support your answer
to this Interrogatory. As to each such document,
identify those facts to which each such document refers
or relates and annex hereto a copy of each document; and
..
10
/.
(c) Identify each defendant or agent of defendant who
participated in the alleged conduct and state the nature
and extent of his or her participation.
6. State each and every fact upon which you base your contention
that Nell's Food Stores and Svano Ascani acted "falsely, maliciously, and
with no probable cause" and that the charges were "malicious and
unfounded."
(a) Identify each person having knowledge or claiming to
have knowledge regarding any of the facts set forth in
the answer to this Interrogatory. As to each such
person, state specifically the facts of which such
person has knowledge or claims to have knowledge and how
such person came to have possession of such knowledge;
11
(b) Identify each and every document which supports, tends
to support, or is claimed by you to support ~our answer
to this Interrogatory. As to each such document,
identify those facts to which each document refers or
relates and anneK hereto a copy of each document; and
(c) Identify each defendant that participated in the conduct
alleged and describe his or her participation.
7. Describe in detail each and every job or position which you
,
held prior to August 7, 1993. For each position, set forth: .
(a) Name of the entity which employed you;
(b) The job or position that you performed;
(c) Identity of any person known to you who possesses or
claims to possess knowledge of any fact concerning your
12
('
""-'~t
employment with that employer;
(d) Your date of hire and last day worked;
(e) Reason for leaving;
(fl Wages or salary while employed; and
(g) Whether any claim for unemployment compensation, workers
compensation, wrongful discharge, EEO violation, etc.
was filed against the employer either during your
employment or after employment.
13
(.
8. Describe in detail each and every job or position for which
you applied after August 17, 1993. For each jOb or position ~isted, set
forth:
(a) The name of the entity to which you applied;
(b) The job or position for which you applied;
(c) Identity of any person to whom you applied or who
possesses knowledge of your application;
(d) The date you applied; and
(el Identify any document relating to each job or position
for which you applied. Attach a copy of each document.
u l
,
r
..
,....-....
9. Describe in detail each and every job for which you
interviewed since August 17, 1993. For each interview, set forth:
(a) The name of the entity with which you interviewed;
(b) The job or position for which you interviewed;
(c) Identify any person with whom you interviewed or whom
possesses knowledge of your interview;
(dl The date of any'and all interviews; and
(e) Identify any document relating to each interview.
Attach a copy of each document.
lS
'.
10. State, in detail, all medical or psychological treatment for
any physical or mental condition alleged in your complaint a~d received
by you from August 17, 1993 until today, including the fOllowing
information:
(al The name, address, telephone number of the provider,
doctor, psychologist, psychiatrist, therapist, clinic,
or hospital;
(b) Dates of treatment, including whether out-patient or in-
patient;
(c) Whether the cost of such treatment was paid by
insurance, workers compensation, or otherwise;
(d) The reason for any medical treatment, including
diagnosis, and whether the medical treatment continued;
(el Identify the names of all drugs prescribed and/or taken
by you, including the dates during which the drugs were
used;
(f) State whether you have applied for social security
disability benefits at any time; and
(g) State which medical treatments allegedly arose out of
your incident with defendant as opposed to pre-existing
conditions.
16
..
11. Please identify all medical or hospital reports, diagnosis or
prognosis from any hospital, physician, or health care provider
concerning any physical or mental condition alleged in your Complaint.
For each report, identify:
Cal Its date;
(bl Its author;
(cl Its recipient and persons copies; and
Cd) Its present location and location of copies thereof.
..
17
"
12, Are you currently under treatment for any physical or mental
condition? If so:
(a) Where;
(bl By whom;
(c) How frequently are such treatments given to you at the
present time.
13. State the names of all witnesses you expect to call at trial.
'.
lS
. '
14. Identify each document or exhibit you intend to use at trial.
19
, '
15. Identify any and all sources of income received by you. For
each source of income set forth:
(a) The dates you received such income;
(b) The amounts received;
(c) Identify each person known to you who possesses or
claims to possess knowledge of any source of income; and
(d) Identify each document reflecting any source of income.
16. Please state all documents that substantiate that Plaintiff
incurred attorneys fees and other expenses in the amount of $5,000.00.
(a) Name all persons having knowledge of this legal expense.
'.
20
l....~'-. ~
. "
. "
17. Please state the amount of income Plaintiff earned or received
for the last seven (71 years.
18. Please state each type of damages that Plaintiff seeks from
this suit, specifying the exact amount of liquidated damages.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
BY
(
EK, ESQUIRE
orney fo Defendants
preme Court I.D. No. 55741
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
jsh/nells.int
21
. ..
. "
IN THE COURT 01' COHHON PLEAS 01' ctlHBERLANIl COUN'l'Y, PENNSYLVANIA
JOANNE H. PAINTER,
NO. : 94-4621
Plaintiff,
vs.
CIVIL ACTION - LAW '
NELLS 1'000 STORES and
SVANO ASCANI,
Defendant..
JURY TRIAL DEHANDED
CERTIFICATE OF SERVICE
AND NOW, this ';</'j,i day of ~Iu~ ,
, 1996, I, Janice S.
Hendler, for the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS,
Esquires, hereby certify that I have, this date, served a copy of
INTERROGATORIES/REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS TO
PLAINTIFF by United States Mail, addressed to the party or attorney of
record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER , LINDSAY
11 East High Street
CarliSle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
S.
o South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
Attorneys for Defendants
22
..
"
. "
. ..
IN THE COURT 01' COHHON PLEAS 01' ctlHBERLANIl COUN'l'Y, PENNSYLVANIA
JOANNE H. PAIN'l'ER,
NO. : 94-4621
Plaintiff,
va.
CIVIL ACTION - ~
NELLS 1'000 STORES and
SVANO ASCANI,
Defendants.
JURY TRIAL DEHl\NDED
DEFENDANTS' REOUEST I'OR PRODUCTION OF
DOCUMENTS DIRECTED TO PLAINTIFF
TO: Joanne H, Painter
c/o Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
PLEASE TAKE NOTICE THAT PURSUANT TO Pa.R.C.P. 4009, you are required
to furnish at our Office, on or about thirty (30) days of service hereof,
a photostatic copy or like reproduction of the materials concerning this
action or its subject matter which are in your possession, custody or
control and which are not protected by the attorney/client privilege; or,
in the alterative, produce the said matter at said time to permit
inspection and copying thereof:
1. The contents of any investigation file or files and any other
documentary material in your possession or control which support or
relate to the allegations contained in the Plaintiff's Complaint or the
allegations contained in the Defendants' Answer and New Matter (excluding
any documents or portions thereof found in such file whose production
would disclose the mental impressions of Defendants' attorney or his
conclusions, opinions, memoranda, notes or summaries, legal research or
legal theories or would require disclosure of the mental impressions,
. "
. .,
.
conclusions or opinions respecting the value or merit of Plaintiff's
claim or its defense or respecting strategy or tactics of a
representative of the Defendants other than Defendants' attorney.)
2. Any and all statements concerning the action, as defined by
Rule 4003.4, from all witnesses including any statements from the parties
herein, or their respective agents, servants or employees.
3. All photographs taken or diagrams prepared of the scene of the
accident or any instrumentality involved therein.
4. Any and all documents containing the names and home and
business addresses of all individuals contacted as potential witnesses.
5. Any medical reports, records, notes or other memoranda
concerning the Plaintiff's physical or emotion conditions.
6. All, legal bills, time sheets, contracts for legal services
that relate in any way to the legal fees requested in Plaintiff's
Complaint.
7. All resumes or curriculum vitae of each and every technician
or expert whom y,ou intend to call as a witness during the trial of this
case.
8. All exhibits you intend to introduce at the trial of this
action.
.. .. ~
.. . I ..
9. Any applications for employment or documents that relate to
any employment applied for since August 17, 1993.
10. please provide all federal income tax returns for the last
seven (7) years.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
BY:
EK, E UIRE
orney f Defendants
upremo Cour~ I.D. No. 55741
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
jsh/nells.int
'.
I'
. .' ~
... .' ...
IN THE COURT 01' COHM:)N PLEAS 01' ctlHB!RLANIl COUN'l'Y, PENNSYLVANIA
JOANNE H. PAIN'l'ER,
NO, : 94-4621
Plaintiff,
VII.
CIVIL ACTION - LAW
NELLS I'OOD STORES and
SVANO ASCANI,
Oefendants.
JURY TRIAL DEMlUlDED
CI!:RTIFICA'rE 01' SERVICE
AND NOW, thiS:t.!!!:. day of ~~~ , 1996, I, Janice S.
Hendler, for the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS,
Esquires, hereby certify that I have, this date, served a copy of
DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF by
United States Mail, addressed to the party or attorney of record as
follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER , LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS , CALKINS
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
'.
Attorneys for Defendants
JOANNE H. PAINTER,
Plaintiff
v.
I
1
1
I
I
I
I
1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
NO. 94-4621 CIVIL TERM
AND NOW, this 1~(J day of July, 1997, upon consideration of
the Motion of Defendant Nells Food Stores To Compel Plaintiff's
Answers to Discovery Requests, and of Plaintiff's Response with New
Matter to Motion of Defendant to Compel Answers to Discovery
Requests, the motion to compel of Defendant is GRANTED and
Plaintiff is directed to respond to Defendant's interrogatories and
request for production of documents within 30 days of the entry of
this order.
BY THE COURT,
#c-
Roger M. Morgenthal, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
Michael B. Scheib, Esq.
110 S. Northern Way
York, PA 17402-3737
Attorney for Defendants
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94-4621
Plaintiff ,
VB.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SV ANO ASCANI,
Defendants.
JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW DEFENDANTS' MOTION
FOR SANCTIONS FOR FAILURE TO COMPLY WITH
JUDGE OLER'S ORDER OF JULY 23.1997
Please withdraw Defendants' Motion for Sanctions for Failure to Comply with
Judge Oler's Order of July 23, 1997, Counsel for Defendants has received Plaintiff's
discovery responses. Counsel for Defendants has not had an opportunity to review
the Plaintiff's discovery responses and reserves the right to object to the completeness
of Plaintiff's discovery responses.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
M' hael B. Scheib, Esquire
Attorney for Defendants
Supreme Court I,D. No. 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
"
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94.4621
Plaintiff ,
VS.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SVANO ASCANI.
Defendants.
JURY TRIAL DEMANDED
AND NOW. this
, 1997, I, Mlcheel B. Scheib.
Esquire, a member of the firm of GRIFFIT , STRICKLER, LERMAN, SOL YMOS &
CALKINS, Esquires, hereby certify that I have, this date, served a copy of the Praecipe
to Withdraw Defendants' Motion for Sanctions for Failure to Comply with Judge Oler's
Order dated July 23, 1997 by, United States Mall, addressed to the party or attorney
of record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Straet
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY:
Mich el B. Scheib, Esquire
Attorney for Defendants
Supreme Court 1.0. No. 63868
110 S, Northern Way
York, Pennsylvania 17402.3737
Telephone: (7171 757-7602
- .
JOANNE H. PAINTER,
Plaintiff
.
.
IN THE COUR'I' O~" C01'INON PLEAS OF
CUHBERLAND COUNTY, PENNSYLVAiUA
CIVIL AC'rION - LAI/
v.
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
.
.
NO. 94-4621 CIVIL TEMW
AND NOW, this ~\ \.\ day of August, 1997, upon consideration of
Defendants' Motion For Sanctions Pursuan~ to Pa. R.C.P. 4019 for
Failure to Comply with Judge Oler's Order Dated July 23, 1997, a
hearing is SCHEDULED for Tuesdc.y, Sep~elllber 30, 1997, at 3: 30 p.m.,
in Courtroom No.5, Cumberland Coun~y Cour~hous~, Cc.~lislc,
Pennsylvania.
BY THE COURT,
IiLo
J \lesley Ole
Roger M. Morgenthal, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
Michael B. Scheib, Esq.
110 S. Northern Way
York, PA 17402-3737
Attorney for Defendants
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94.4621
Plaintiff,
VS.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SV ANO ASCANI,
JURY TRIAL DEMANDED
Defendants.
RULE TO SHOW CAUSE
AND NOW, this _ day of
, 1997, a Rule is hereby issued upon
the Plaintiff to show cause why Defendant's Motion for Sanctions should not be
granted.
RULE RETURNABLE
day from Service.
J.
Date:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94-4621
PlaIntiff,
V8.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SVANO ASCANI,
JURY TRIAL DEMANDED
Defendant8.
ORDER
Upon consideration of Defendant's Motion for Sanctions, and the record herein,
it is ORDERED that the Defendant's Motion for Sanctions is GRANTED.
Plaintiff Painter's Complaint is dismissed with prejudice for failure to comply
with the Court's Order of July 23, 1997.
J.
Date:
cc: Roger M. Morgenthal, Esquire
Counsel for Plaintiff
Michael B. Scheib, Esquire
Counsel for Defendants
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94-4621
Plaintiff,
vs.
CIVIL ACTION - LAW
NELLS FOOD STORES and
SVANO ASCANI,
JURY TRIAL DEMANDED
Defendants.
MOTION FOR SANCTIONS PURSUANT TO
Pa.R,C.P. 4019 FOR FAILURE TO
COMPLY WITH JUDGE OLER'S ORDER DATED JULY 23.1997
AND NOW, comes the Defendants Nalls Food Stores and Svano Ascanl by and
through their attorneys, Griffith, Strickler, Lerman, Solymos & Calkins, and Michael
B. Scheib, Esquire and files this Motion for Sanctions Pursuant to Pa,R,C.P. 4019. In
support of the Motion Defendant states as follows:
1. On June 18, 1997, Defendant Neils Food Stores filed a Motion to Compel
Plaintiff's Answers to Discovery Requests.
2. On July 23, 1997, the Honorable Wesley Oler, Jr. granted the Motion to
Compel and directed Plaintiff to respond to the discovery requests within thirty (30)
days. (Attached as Exhibit "1" is Judge Oler's Order dated July 23,1997).
3. Plaintiff Painter failed to respond to Defendant's discovery requests within
the period of time set forth in Judge Oler's Order of July 23, 1997.
4. Counsel for Plaintiff Painter has not requested any additional time to comply
with Judge C1er's Order of July 23, 1997.
5. Defendant requests this Court to impose sanctions against the Plaintiff.
Plaintiff has currently violated Judge Oler's Order of July 23, 1997. Pursuant to Rule
4019(a) the Court is allowed to impose sanctions against Plaintiff.
6, Defendant requests that the Court enter a judgment of wm QW against
Plaintiff .
7. The sanctions are appropriate pursuant to Rule 4019(c)(3) and (5). SU_
Standard Pennsylvania Practice 2d Section 37.6.
WHEREFORE, Defendants Nalls Food Stores and Svano Ascanl respectfully
requests this Honorable Court to grant the Motion for Sanctions and to impose the
requested sanctions against Plaintiff Painter.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS &. CALKINS
BY:
Michael B, Scheib, Esquire
Attorney for Defendants
Supreme Court I.D. No. 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94.4621
Plaintiff,
va.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SV ANO ASCANI,
Dafendants.
JURY TRIAL DEMANDED
CERTlFI!;A~ST
AND NOW, this ..;2. 7~ of 'lJ. , 1997, I, Michael B. Scheib,
Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS &
CALKINS, Esquires, hereby certify that I have, this date, served a copy of a Motion
for Sanctions Pursuant to Pa.R.C.P. 4019 for Failure to Comply with Judge Oler's
Order dated July 23, 1997 by, United States Mail, addressed to the party or attorney
of record as follows:
Roger M, Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
BY, 1rI~dt
Michael B, Scheib, Esquire
Attorney for Defendants
Supreme Court 1.0. No. 63868
110 S, Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
alb/MBS/nells.ple
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JOANNE H. PAINTER, .
.
plaintiff .
.
.
.
V.
I
NELLS FOOD STORES and I
SVANO ASCANI, .
.
Defendants .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-4621 CIVIL TERM
AND NOW, this 1~(J day of July, 1997, upon consideration of
the Motion of Defendant Nells Food Stores To Compel Plaintiff's
Answers to Discovery Requests, and of Plaintiff's Response with New
Matter to Motion of Defendant to Compel Answers to Discovery
Requests, the motion to compel of Defendant is GRANTED and
Plaintiff is directed to respond to Defendant's interrogatories and
request for production of documents within 30 days of the entry of
this order.
BY THE COURT,
dL.
Roger M. Morgenthal, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
~'chael B. Scheib, Esq.
o S. Northern Way
ork, PA 17402-3737
Attorney for Defendants
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JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
.
.
v.
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
.
.
NO. 94-4621 CIVIL TERM
AND NOW, this
) 1L. day of September, 1997, upon consideration
of the Praecipe To withdraw Defendants' Motion for Sanctions
Pursuant to Pa. R.C.P. 4019 for Failure To Comply with Judge Oler's
Order Dated July 23, 1997, the hearing previously scheduled
September 30, 1997, is CANCELLED.
BY THE COURT,
Roger M. Morgenthal, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
Michael B. Scheib, Esq.
110 S. Northern Way
York, PA 17402-3737
Attorney for Defendants
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JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
:::UMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
NO. 94-4621 CIVIL TERM
AND NOW, this
ORDER OF COURT
,..\ K day of May, 199B,
upon consideration of
Defendants' Motion for Sanctions Pursuant to Pa. R.C.P. 4019, for
Failure To Respond to Discovery and/or comply with Judge Oler's
Order Dated June 23, 1997, a conference/hearing is SCHEDULED for
Friday, June 26, 199B, at 10:30 a.m., in Courtroom No.1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J.
Roger M. Morgenthal, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
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Michael B. Scheib, Esq.
110 S. Northern Way
Yprk-,. PA 17402-3737
~ttorney for Defendants
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER.
NO.: 94.4621
Plaintiff .
vs.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SVANO ASCANI,
.
Defendants. : JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this
day of
, 1998, a Rule Is Issued upon the
Plaintiff to Show Cause why Defendant's Motion for Sanction should not be granted.
RULE RETURNABLE
days from service.
Date:
J.
.'
\
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER,
NO.: 94.4621
Plaintiff,
vs.
CIVIL ACTION. LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendants, JURY TRIAL DEMANDED
ORDER
Upon consideration of Defendants' Motion for Sanctions, and the record herein, It Is
ORDERED that the Defendants' Motion for Sanctions Is GRANTED. Plaintiff Joanne H.
Painter's Complaint Is dismissed with prejudice for failure to comply with the Court's Order
of July 23, 1997.
J.
Date
cc: Roger M. Morgenthal, Counsel for Plsintlff
Michael B. Scheib, Counsel for Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H, PAINTER,
NO.: 94.4621
Plaintiff,
vs,
CIVIL ACTION. LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendants,
JURY TRIAL DEMANDED
MOTION FOR SANCTIONS PURSUANT TO PlI. R.C.P. 4019.
FOR FAILURE TO RESPOND TO DISCOVERY AND/OR COMPLY WITH
JUDGE OLER'S ORDER DATED JULY 23.1997
AND NOW, comes Defendants Nalls Food Stores and Svano Ascanl, by and through
their attorneys, Griffith, Strickler, Lerman, Solymos & Calkins, and Michael B. Scheib, Esquire
and files this Motion for Sanctions pursuant to Pa, R,C.P. 4019, for Plaintiff's Failure to
Respond to Discovery and/or Comply with Judge OIer's Order dated July 23, 1997. In
support of the Motion, Defendant states es follows:
1. On December 2, 1996, the Defendant served a set of Interrogatories/Request
of Production of Documents upon the Plaintiffs' counsel.
2. Plaintiff requested three (3\ extensions of time to respond to the Discovery
Request. As a result of the third extension, Plaintiffs' Discovery Responses were due at the
end of April 1997.
3. On June 1 B, 1997, the Defendant Neils Food Store filed a Motion to Compel
Plaintiffs' Answers to Discovery Request.
4. On July 23, 1997, the Honorable Judge Oler, Jr. granted a Motion to Compel
and directed Plaintiff to Respond to the Discovery Request within thirty (30) days. (Attached
as Exhibit 1 is Judge Oler's Order dated July 23, 1997\,
5. Plaintiffs' Discovery Request were due by August 25, 1997,
6. On August 27, 1997, counsel for Defendant Neils Food Store filed a Motion for
\
,
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Sanctions pursusnt Pa. R.C,P. 4019, for Failure to Comply with Judge OIer's Order dated July
23, 1997.
7. After the Motion had been filed, counsel for Defendant Neils Food Store received
Plaintiffs' Discovery Responses,
8. On August 29,1997, counsel for Defendant Neils Food Store flied a Praecipe
to Withdraw Defendants' Motion for Sanctions for Failure to Comply with Judge Oler's dated
July 23, 1997. In the Praecipe counsel Indicated that he had not had an opportunity to review
Plaintiffs' Discovery Responses and reserved the right to object to the completeness of
Plaintiffs' Discovery Responses.
9. On August 31, 1997, Judge Oler scheduled a hearing for September 30, 1997.
The hearing was ultimately canceled because of the Praecipe to Withdraw the Motion.
10. On September 24, 1997, counsel for Defendant Neils Food Store wrote to
Plaintiff's counsel. He indicated that the verification form had not been attached to the
Answers to Interrogatories, In addition, Plaintiffs' counsel had not responded to Interrogatory
Nos. 8, 9, 10 and 16, (See Attorney Scheib's letter dated September 24, 1997 to Attorney
Morgenthal, which Is attached hereto as Exhibit 2)
11. On October 28, 1997, counsel for Defendant Neils Food Store sent another
letter to Plsintlffs' counsel. He reiterated that the Answers to Interrogstories hsd not been
verified by the Plaintiff. In addition, there was no respond to Interrogatory Nos, 8, 9, 10 end
16. Counsel for Defendant Neils Food Store requested the Plaintiff to submit a verlflcstlon and
complete answers to the Interrogatories in the near future In order to avoid a second Motion
to Compel, (See Attorney Scheib's letter dated Ootober 28, 1997 which is attached hereto
as Exhibit 31.
12. On December 15, 1997, counsel for Defendant Neils Food Store sent a third
letter to Plaintiffs' counsel. Once again he asked for a verification to the Answers to
Interrogatories, as well as, answers to Interrogatory Nos, 8, 9, 10 and 16, (~ Attorney
\
,
Scheib's letter dated December 16, 1997 which Is attached hereto as Exhibit 4),
13. To date, Plaintiffs' counsel has not provided a verification to the Answers to
Interrogatories or any answers to Interrogatory Nos. 8, 9, 10 or 16.
14. It has been more than seventeen (17) months since the Answers to
Interrogatories were originally sent and more than one (1) year since Plaintiffs' counsel
promised Answers to Interrogatories,
16. Furthermore, Plaintiffs' counsel has not fully responded to the Discovery
Request as per the terms of Judge Oler's Order dated July 23,1997.
16. Defendant requests this Court to impose sanctions against Plaintiff. The Plaintiff
has violated Judge Oler's Order of July 23, 1997, Pursuant to Rule 40191A) the Court is
allowed to impose sanctions against Plaintiff.
17. Defendant requests the Court enter a Judgment of Non.Pros against Plsintiff
Joanne H. Painter,
18. The sanctions are appropriate pursuant to Rule 4019(3) and (6), ~ also
Standard Pennsylvania Practice 2d ~ 37.6,
WHEREFORE, Defendants Neils Food Store and Svano Ascani respectfully request this
Honorable Court to grant this Motion for Sanctions and to impose the requested sanctions
against Plaintiff Joanne H, Painter.
GRIFFITH, STRICKLER, lERMAN,
SOL YMOS & CAlKI S
BY:
Mi I B, Sc . ESllU re
Attorney for Defendants
Supreme Court I,D. No. 63868
110 S, Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 767-7602
. ,
,
;
'.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER, NO.: 94-4621
Plaintiff,
VI.
CIVIL ACTION - LAW
NELLS FOOD STORES and
SVANO ASCANI,
Defendantl.
JURY TRIAL DEMANDED
, 1998, I, Michael B. Scheib,
Esquire, a member of the firm of GRIFFIT , STRICKLER, LERMAN, SOL YMOS &
CALKINS, Esquires, hereby certify that I have, this date, served a copy of the Motion
for Sanctions Pursuant to Pa. R,C,P. 4019, for Failure to Respond to Discovery and/or
Comply with Judge Oler's Order dated July 23, 1997 by, United States Mail,
addressed to the party or attorney of record as follows:
Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & ALKI
BY:
Michael ,Scheib, Esquire
Attorney for Defendants
Supreme Court I,D, No, 63868
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
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JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
NO. 94-4621 CIVIL TERM
AND NOW, this 1~(J day of July, 1997, upon consideration of
the Motion of Defendant Nells Food Stores To Compel plaintiff's
Answers to Discovery Requests, and of Plaintiff's Response with New
Matter to Motion of Defendant to Compel Answers to Discovery
Requests, the motion to compel of Defendant is GRANTED and
Plaintiff is directed to respond to Defendant's interrogatories and
request for production of documents within 30 days of the entry of
this order.
BY THE COURT,
dL.
J 'Wesley Ole
Roger M. Morgenthal, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
~'chael B. Scheib, Esq.
o S. Northern Way
ork, PA 17402-3737
Attorney for Defendants
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ROBEAT H GRIFFITH
ROBlRT'" STRICta.ER
ROBERT A. LERMAN"
pmR 0 aOL'tM01
CHAIRES 8 CALtoNS
LAW OFFICES
GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS
110S, NORTHERN WAY
YORK, PENNSYLVANIA 17402.3737
TELEPHONE mll n707602
FM 11171757.3783
ANN MARGARET GRAB
PAUL Q LUTZ
MICHAEL 8 SCHEIS"
LISA M o.8ERNARDO
lHOtMI B SPONAUGLE
~T~ (117)2:)$.1432
StnwIbUI'Y F.. (7171 215-2450
g SOUtH MAIN STREET
SHREWSBURV. PA 11311.1526
"A1IO"",,*,HIWVortlu.'
_Alia MImbef tMyIlnd BIt
-Alto IMmOtf D C aw
September 24, 1997
Roger M, Morgenthal, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle, PA 17013-3016
RE: Joanne H. Painter v. Nell's Food Stores and
Svano Aseanl
In the Court of Common Pleas of Cumberland County
Case No. 94.4621
Dear Mr, Morgenthal:
Thank you for your client's discovery responses, I have now had an
opportunity to review them, I noticed that the Answers to Interrogatories were not
verified by your client, I would appreciate if you would provide me with an
appropriate Verification form for this matter.
In addition, you did not respond to Interrogatory Numbers 8, 9, 10 and 16.
Accordingly, I would like you to provide me with verified answers to these
Interrogatories in the near future. Once I have your client's verified answers, I will
take steps to notice her deposition. Thus, I would appreciate if you could provide me
with verified answers in the very near future,
Very truly yours,
MICHAEL B, SCHEIB
alb/MBS/nell.ltr
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ROIIRT'" STRIOCI.!R
ROIERT A. LIRMotM*
PITP D SOL YMOS
CHARLES I. c.wuHI
IJo,W OFFICES
GRIFFITH. STRICKLER, LERMAN, SOL YMOS & CALKINS
'10S,NORTHERNWAY
YORK. PENNSYLVANIA 17.02.3737
TtLlPHONl.llt1) 757.1102
'AX17t7)7S747U
NtH MNUWtIT GRAIl
PAULO-LUTZ.
M1CHML" SCHElI.-
USA.... OlI!RHARDO
ntOMAS I. SPONAUGLe
StWwIIIUYT......: (7t7)2:15-1432
StnwICUYFu: f7t7)235-Zi&60
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SHREWSBURY, PA 1731101528
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October 28, 1997
Roger M. Morgenthal, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle, PA 17013-3016
RE: Joanne H. Painter v. Nell's Food Stores and
Svano Ascani
In the Court of Common Pleas of Cumberland County
Case No. 94-4621
Dear Mr. Morgenthal:
Thank you for your letter of October 21,1997, I am happy to see that you are
taking steps to obtain your client's Income tax returns. However, you have not
responded to my letter dated September 24, 1997, In that letter, I advised you that
you had not provided a Verification to the Answers to Interrogatories. In addition, you
had not responded to Interrogatory Numbers 8, 9, 10 and 16.
If I do not receive a Verification for your client's Answers to Interrogatories and
full and complete answers to Interrogatory Numbers 8, 9, 10 and 16 in the very near
future, then I will file another Motion to Compel with the Court. If a second Motion
to Compel is filed I will request that the Court assess sanctions in the form of attorney
fees, The failure to provide this information after more than ten (10) months is simply
inexcusable,
If you would like to discuss this letter, please do not hesitate to contact my
office.
Very truly yours,
MICHAEL B. SCHEIB
alb/MBS/nell,ltr
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AOIEAT H QRI"ITW
ROIVlT III STRICKUR
ROllAT A LERMAN-
pmA 0 SOt. YMCS
CHARLU' CALKINS
V.W OFFICES
GRIFFITH. STRICKLER, LERMAN, SOL YMOS & CALKINS
110 S. NORTHERN WAY
YORK, PENNSY~VANIA 17402.3737
TELEPHONI! 17t71157.;'&02
FAA. 17t1)151.1783
9 SOUTH MAIN STREET
SMREWSBUAV P417311.15:8
'Alto Mtmoet H.. 'f'~ Bar
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'A1IOMMlOwDC elt
December 15, 1997
Roger M. Morgenthal, Esquire
Flower, Morgenthal. Flower & Lindsay
11 East High Street
Carlisle, PA 17013-3016
RE: Joanne H. Painter v. Nell's Food Stores and
Svano Ascani
In the Court of Common Pleas of Cumberland County
Case No. 94-4621
Dear Mr. Morgenthal:
.
ANN MARGARET ORM
PAUL 0 LUTZ
MICHAEL B sett!I."
LISA" o.lIANARDO
THOMAS. SPONAUGU
StvwtDuIY TMOnOM 11t712~5.1<Q2
5rnwIourv'" t11712U.24SO
It has been several weeks since my last letter to you. You have still not
provided me with a Verification to the Answers to Interrogatories. In addition, you
have not provided me with a full and complete Answers to Interrogatories Numbers
8, 9, 10 or 16. I would appreciate if you would provide me with this information.
Very truly yours,
MICHAEL B. SCHEIB
alb/MBS/nell.ltr
bcc: Gretchen Sieg, Kemper Insurance Companies
Claim No. 210 LE 046639
.
JOANNE H. PAINTER,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
CIVIL ACTION - LAW
pLf....';]s..E. pL'U..'i-
I~ -RlL
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
.
.
.
.
No. 94-4621 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of June, 1998, upon
consideration of Defendants' Motion for Sanctions Pursuant to
Pa. R.C.P. 4019 for Failure To Respond to Discovery and/or
comply with Judge Oler's Order Dated July 23, 1997, and pursuant
to an agreement of counsel reached in chambers of the
undersigned judge following a discovery conference held on this
date in which Plaintiff was represented by Roger M. Morgenthal,
Esquire, and Defendants were represented by Michael B. Scheib,
Esquire, it is ordered and directed as follows:
1. Within 20 days of the date of this order,
Plaintiff shall supply verified answers to Defendants'
interrogatories numbers 8, 9, 10, and 16, except to the extent
that the claim or claims made with respect to those
interrogatories are formally withdrawn on tha record by
Plaintiff.
2. Within 20 days of the date of this order,
Plaintiff shall supply documentary evidence to Defendants'
counsel that she has applied to the appropriate authorities to
receive copies of the documents requested in Defendants' request
for production of documents number 10. The items being referred
to in this paragraph are tax returns from 1990 through 1997.
3. In the event that either of the foregoing
paragraphs is not complied with on a timely basis by Plaintiff,
the Court will, upon motion, grant Defendants' request for
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ROGER M. MORGENTHAL, ESQUIRE
11 East High Street
Carlisle, PA 17103
For the plaintiff
MICHAEL SCHEIB, ESQUIRE
110 South Northern Way
York, PA 17402-7602
For the Defendants
dismissal of this action.
The interrogatories and requests for production
of documents referred to in this order are attached hereto.
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IN Till!: COURT 01' CCH<<lN PLEAS 01' CUHBBRIJUn) COUN'l'Y, PENNSYLVANIA
JOANNE H. PAIN'l'ER,
NO. I 94..,4621
P1aintif!f!,
va.
CIVIL ACTION - LAW
NELLS 1'000 S'1'ORES and
SVANO ASCANI,
Def!endant:a.
JURY TRIAL DEHl\NDED'
IN'l'ERROGA'1'ORIES/REOUEST I'OR PRODUCTION OF
DOCtlHEN'l'S 01' DEFENDANTS '1'0 PLAIN'l'II'I'
TO: Joanne H. Painter
c/o Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
The Defendant, NeIls Food Stores and Svano Ascani, by his attorneys,
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands
" .
that Plaintiff answer the following interrogatories under oath pursuant"
to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of
Civil Procedure 4006 within thirty (30) days from the service hereof.
These interrogatories shall be deemed continuing so as to require
supplemental answers if affiants obtain further information between the
time the answers are served and the time of the trial.
Also, pursuant to Pa.R.C.P. Rule 4009, as amended, Plaintiff is
requested to produce for inspection, examination and copying, at the
offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, 110 S.
'""
.
.
Northern Way, York, Pennsylvania 17402, not later than thirty (30) days
after service of this Request, the documents herein described.
,...
. .
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Oefinition of Terms
THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING
INTERROGATORIES:
A. "And" and "Or" means "and/or," and the singular form shall be
deemed to include the plural and vice versa.
B. "Describe" or "Description" when used with reference to any
conversation, communication, statement, meeting, or discussion or any
act, transaction, occurrence, happening, instance, or event, means to
provide the following information:
1. The subject matter and substance of that which took place:
2. The time, date and place thereof:
3. The identification of each person who participated
therein, or who was a witness thereto: and
4. The identification of each communication or document which
refers thereto or which was pr~pared or made during the course there~f.
or as a consequence thereof.
C. "Oocuments" shall mean the originals, and all non-identical
copies (whether different from the originals because of notes made from
such copies or otherwise), of all written, printed, recorded or graphic
matter of every kind and description, including all attachments or
addenda annexed thereto, whether inscribed by hand or mechanical,
electronic, microfilm, photographic or other means, as well as phonic or
visual reproductions, in the possession, custody or control of Plaintiff,
"
c
including by way of amplification and not limitation: contracts,
invoices, correspondence, notes, drafts, reports, plans, recordings,
diaries, desk calendars, interoffice and interoffice memoranda, memoranda
for file, memoranda of telephone conversations, and minutes of meetings
or conferences.
O. "He" and any other masculine pronoun includes any individual,
regardless of sex, to whom the interrogatory would otherwise apply.
E. "Identify," "Identification" or "Identity" means to provide the
following information:
1. When used with reference to a natural person, state his
full name and present or last known business and residence address, his
last known or present business affiliation, and his position in business
affiliation at the time of the transaction, occurrence, event, happening,.
or matter in question.
2. When used with reference to any enti ty other than a
natural person (e.g., corporation, partnership, joint venture or
association), state:
(a) Its full names;
4
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(b) The address of its principal place of business; and
(c) Its organization form and its purposes, primary
business or activities.
3. When used with reference to an oral communication:
(a) State the place at which and the date on which such
oral communication occurred;
(b) Identify each person making such oral communication,
the person to whom it was made and each other person who was present (in
person or by telephone) when it was made;
(c) State the subject and substance of such oral
communication; and
(d) Specify, in accordance with paragraph (b) below,
each document which relates or refers to each such communication or which
was prepared and made during the course hereof or as a consequence
thereof;
F. "Person" means any natural person or any entity other than a
natural person, including, but not limited to, sole proprietorships,
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partnerships, corporations, associations, joint ventures, co-ventures and
any other legally recognized entity of any description whatever, as well
as all divisions, departments, affiliates, subsidiaries, or other sub-
units of the foregoing entities.
G. "Specify" when used with reference to a "document," calls for:
1. The nature of the document (e.g., letter, contract, chart,
memoranda);
2. Its date;
3. Each author (and, in different, each signer) t~ereof, and
each person to whom the document was distributed;
4. Its subject matter and substance;
s. rts present or last known location or custodian;
6. The disposition of such document if it was but is no
longer in your possession or subject to your control; and
7. Any other information necessary to enable the custodian to
locate the particular document and necessary for use in a subpoena duces
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tecum or in a demand for the production of the documents under Rule 4009
of the Pennsylvania Rules of Civil Procedure.
I. "Date" means the exact day, month and year if ascertainable, or,
if not, the best approximation (including the relation of other events) .
J. "'{ou" or "your" refers to and shall be construed 1;0 mean the
party to whom or to which these discovery requests are directed, as well
as that party's agents, representatives, including without limitation,
that party's counsel, insurance carriers and insurance agents, as well
as investigators hired or retained by the responding party, its agents,
representatives, or counsel.
7
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1. Identify the person (s) answering these Interrogatories
(please note the definition of identity set torth above and supply
information required by that definition to fully answering these
Interrogatories.)
PLAINTIFF, JOANNE H. PAINTER
P.O. BOX 61, a~>> E, MAIN STREET
PLAINFIELD, PA 17081
2. On August l7, 1993, please explain how you paid for your
grocery order, cash, credit, food stamps, or a combination?
A combination of cash and food stamps, as show~ on the
Receipt prepared by defendant at checkout
(a) Did you pay for your entire order utilizing only
government food stamp coupons?
No.
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(bl Did you tender any cash in addition to food stamps to
the cashier? If 50, how much?
Yes; $24,98
3. Did your. grocery order on August 17, 1993 comprise of any
items that cannot be purchased by government food stamps?
Plaintiff relies upon the cashier at store to identify any
items which cannot be purchased with food stamps; however, plaintiff
believes that at least the bleach, toilet paper and cigarett~s were
in such category.
4. Please name any items that you purchased that could not be
paid for by food stamps pursuant to government regulations?
Bleach, toilet paper and cigarettes; see previous
answer
9
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5. State each and every fact upon which you base your,contention
that Plaintiff was humiliated, embarrassed and shocked, and suffered
great and lasting mental anguish. Plaintiff was publicly identified by
store personnel as an alleged thief on the day of the incident and
prosecuted as a shoplifter. See complaint for specific allegations.
(a) Identify each person having knowledge or claiming to
have knowledge regarding any of the facts set forth in
the answer to this Interrogatory. As to each such
person, state specifically the facts of which such
person has knowledge or claims to have knowledge and how
such person carne to have possession of such knowledge;
Defendant Svano Ascsni; store personnel at defendsnt
Nell's Msrket including cashier Jodi Minnich; another
cashier Rachel; and other unknown employees including
bagboys and other cashiers. Additionally, plaintiff was
accompanied by her friend, Jill Wilkins"whose statement
has been provided.
(bl Identify each and every document which supports, tends
to support or is claimed by you to support your answe~.
to this Interrogatory.
As to each such document,
identify those facts to which each such document refers
or relates and annex hereto a copy of each document; and
Statement of Jill Wilkins, attached.
10
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(c) Identify each defendant or agent of defendant who
participated in the alleged conduct and state the nature
and extent of his or her participation.
Jodi Minnich, head cashier, accused plaintiff of
theft; Rachel II, another cashier, who checked
plaintiff out with purchases and insisted that she had
paid the proper amount despite questions from plaintiff,
who did not expect change from the purchaes. Defendant
Svano Ascani, who accused plaintiff of theft; filed the
shoplifting charges against her; testified against her;
created a public disorder at plaintiff's home; caused
the state police to harrass her; and informed other
unknown employees ~hat plaintiff was a ~hief.
6. State each and every fact upon which you base your contention
that Nell's Food Stores and Svano Ascani acted "falsely, maliciously, and
with no probable cause" and that the charges were "malicious and
unfounded." Plaintiff had been told, in response to her inquiry, that
was owed $1.00 change and had paid in full; several store personnel
been involved, and clearly there was no shoplifting by plaintiff.
actions a~leged by defendants do not comply with the definition in
(a) Identify each person having knowledge or claiming to.,
have knowledge regarding any of the facts set forth in
she
had
The
the law
the answer to this Interrogatory.
As to each such
person, state specifically the facts of which such
person has knowledge or claims to have knowledge and how
such person came to have possession of such knowledge;
Trooper Daniel Houseal, PA State Police, who was contacted
by defendants and was the arresting officer on the charges.
District Justice Susan K. Day, who held the hearing
on the shoplifting charges, finding plaintiff not guilty
and determining that the conduct alleged, even if
proven, was not criminal in nature.
11
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(b) Identify each and every document which supports, tends
to support, or is claimed by you to support ~our answer
to this Interrogatory.
As to each such document,
identify those facts to which each document refers or
relates and annex hereto a copy of each document; and
Correspondence from District Justice Susan K, Day;
Criminal Citation; finger print order; notice of
hearing.
(c) Identify each defendant that participated in the conduct
alleged and describe his or her participation.
Answered previously in this interrogatory
'.
7. Describe in detail each and every job or position which you
held prior to August 7, 1993. For each position, set forth:
(a) Name of the entity which employed you;
(b) The job or position that you performed;
Ie) Identity of any person known to you who possesses or
claims to possess knowledge of any fact concerning your
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employment with that employer;
Cd) Your date of hire and last day worked;
(e) Reason for leaving;
(f) Wages or salary while employed; and
(g) Whether any claim for unemployment compensation, workers
compensation, wrongful discharge, EEO violation, etc.
was filed against the employer either during your
employment or after employment.
Plaintiff's response to this interrogatory
will be submitted separately when employment dates
can be verified. Information essential to this
response is 00\ requeat from plaintiff's husband, from
whom she is separated and now divorcing.
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8. Describe in detail each and every job or position for which
you applied after August 17, 1993. For each job or position ~isted, set
forth:
(a) The name of the entity to which you applied;
(b) The job or position for which you applied;
(c) Identity of any person to whom you applied or who
possesses knowledge of your application;
(d) The, date you applied;.' and
(e) Identify any document relating to each job or position
for which you applied. Attach a copy of each document.
14
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9. Describe in detail each and every job for which you
interviewed since August 17, 1993. For each interview, set forth:
(a) The name of the entity with which you interviewed;
(b) The job or position for which you interviewed;
(c) Identify any person with whom you interviewed or whom
possesses knowledge of your interview;
ld) The date of any and all interviews; and
Ie) Identify any document relating to each interview.
Attach a copy of each document.
15
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10. State, in detail, all medical or psychological treatment for
any physical or mental condition alleged in your complaint a?d received
by you from August 17, 1993 until today, including the following
information:
(a) The name, address, telephone number of the provider,
doctor, psychologist, psychiatrist, therapist, clinic,
or hospital;
(b) Oates of treatment, including whether out-patient or in-
patient;
(c) Whether the cost of such treatment was paid by
insurance, workers compensation, or otherwise;
(d) The reason for any medical treatment, including
diagnosis, and whether the medical treatment continued;
(e) Identify the names of all drugs prescribed and/or taken
by you, including the dates during which the drugs we~e.
used;
(f) State whether you have applied for social security
disability benefits at any time; and
(g) State which medical treatments allegedly arose out of
your incident with defendant as opposed to pre-existing
conditions.
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Plaintiff' a counsel has agreed to waive this fee, and
plaintiff will not be required to pay for representation
in the criminal matter.
11. Please identify all medical or hospital reports, diagnosis or
prognosis from any hospital, physician, or health care provider
17
concerning any physical or mental condition alleged in your Complaint.
For each report, identify:
(a) rts date;
(b) rts author;
(c) rts recipient and persons copies; and
(d) rts present location and location of copies thereof.
No such reports are available.
;-
12. Are you currently under treatment for any physical or mental
condition? If so:
No.
(a) Where;
(b) By whom;
(c) How frequently are such treatments given to you at the
present time.
13. State the names of all witnesses you expect to call at trial.
Jill Wilkins
Plaintiff Joanne Painter
Defendant's employee Jodi Minnich
Defendant's employee Rachel (NFl)
Defendant Svano Ascani as on cross-examination
Such other employees of defendant or witnesses as
may be identified in discovery from defendant.
State Police Trooper Daniel Houseal
District Justice Susan K. Day
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14. Identify each document or exhibit you intend to use at trial.
Caah register receipt
District Justice Correspondence
Finger Print Order '
Criminal Citation
Notice of Hearing
District Justice Written Decision, if one made,
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15. Identify any and all sources of income received by you. For
each source of income set forth:
(a) The dates you received such income;
(bl The amounts received;
(c) Identify each person known to you who possesses or
claims to possess knowledge of any source of income; and
(d) Identify each document reflecting any source of income.
This interrogstory is unreasonably vague and would
seem to include anything received as income during
plaintiff's entire life. If re-stated with specificity,
plaintiff will attempt to provide requested data.
16. Please state all documents that substantiate that Plaintiff
incurred attorneys fees and other expenses in the amount of $5,000.00.
(a) Narne all persons having knowledge of this legal expense.
20
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for the last seven (7) years.
17. Please state the amount of income Plaintiff earned or received
Said information is not currently in plaintiff's control; when
available, it will be provided in a supplemental answer.
lB. Please state each type of damages that Plaintiff seeks from
this suit, specifying the exact amount of liquidated damages.
Plaintiff is seek unliquidated damages only.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY
"
jsh/nells.int
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CERTIFICATE OF SERVIC~
I hereby certify that on the 2.>.JA.. day of August, 1997, I served a copy of
the attached REPLY TO INTERROGATORIES/ REQUEST FOR PRODUCTION
OF DOCUMENTS OF DEFENDANTS TO PLAINTIFF upon the following
person, by first class mail, postage prepaid, at Carlisle, Pennsylvania:
John F. Yaninek, Esquire
110 South Northern Way
York, PA 17402-7602
Attorney for Defendants
"
~ lA--1tAJ;V1-
Roger M. Morgenthal: Esquire
Attorney 10# 17143
Flower, Morgenthal, Flower & Lindsay, P.C.
11 East High Street
Carlisle, PA 17013-3016
Telephone (717) 243-5513
Attorneys for Plaintiffs
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STATEMENT OF
JILL WILKINS
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JOANNE H. PAINTER, .. NO.: 94-4621
Plaintiff ..
..
..
.. CIVIL ACTlON.-LA W
..
vs. ..
..
..
NELLS FOOD STORES and ..
..
SV AND ASCANI, ..
Defendants .. JURY TRIAL DEMANDED
PRAECIPE
To the Prothonotary of Cumberland County. Pennsylvania:
I hereby withdraw and strike the following claims as set forth in the Plaintiff's
Complaint:
1. Paragraph 66 of the Complaint, in which a counsel fee of $5,000.00 was alleged
for defending plaintiff against the criminal charges brought by defendants. As plaintiff's counsel,
I have agreed to waive this fee and plaintiff will not be required to pay for representation in the
criminal mailer.
2. Paragraphs 79 and 80. found in Count IV. as to the claim that plaintiff suffered a
medical or emotional condition as a result of defendants' actions. Plaintiff did not consult a
health care provider concerning any conditions.
I~L<c.;zSL /)L?x:L
I~) -R Lr.. .
R~~{!!/:~
Allorney 10# 17143
Flower, Morgenthal, Flower & Lindsay. P.C.
II East High Street
Carlisle, PA 17013-3016
Telephone (717) 243-5513
Attorneys for Plaintiff
.J. ULcL
..
CERTIFICATE OF SERVICE
..J1.,
I hereby certifY that on the J Lf day of July, 1998, I served a copy of the
attached PRAECIPE upon the following person, by first class mail, postage
prepaid, at Carlisle, Pennsylvania:
Michael B. Scheib, Esquire
110 South Northern Way
York, PA 17402-7602
Attorney for Defendants
RoJ!!::.1!tt:j:~
Attorney 10# 17143
Flower, Morgenthal, Flower & Lindsay, P.C.
II East High Street
Carlisle, PA 17013-3016
Telephone (717) 243-5513
Attorneys for Plaintiff
,
,
{
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JOANNE H. PAINTER,
Plaintiff
NO.: 94-4621
CIVIL ACTION--LA W
vs.
..
..
NELLS FOOD STORES and
SV ANO ASCANI.
..
..
Defendants
JURY TRIAL DEMANDED
P~'dSi:- pb.C-'L
/)u .Q ie.'
J.6L~
PLAINTIFF'S REPLY TO INTERROGA TORIES/REOUEST FOR
PRODUCTION OF DOCUMENTS OF DEFENDANTS TO PLAINTIFF
(. : '+!"'~<';
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IN TIlE COURT OF COHHON PLEAS OF CtlHBZlUJUlD COUNTY, PENNSYLVANIA
JOANNE H. PAINTER,
NO.1 94.,4621
plaintiff,
vs.
CIVXL ACTION - LAW
NELLS FOOD S'1'ORES and
SVANO ASClINI,
JURY 'l'RXAL DEMANDED'
Defendants.
INTERROGA'1'ORIES/REOUEST FOR PRODUCTION OF
DOCUMENTS OF DEFENDANTS TO PLlUNTIFF
TO: Joanne H. Painter
c/o Roger M. Morgenthal, Esquire
FLOWER, MORGENTHAL, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013-3016
The Defendant, Nells Food Stores and Svano Ascani, by his attorneys,
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands
. .
that Plaintiff answer the following interrogatories under oath pursuant.
to Pennsylvania Rules of civil Procedure 4005 and Pennsylvania Rule of
civil Procedure 4006 within thirty (30) days from the service hereof.
These interrogatories shall be deemed continuing so as to require
supplemental answers if affiants obtain further information between the
time the answers are served and the time of the trial.
Also, pursuant to Pa.R.C.P. Rule 4009, as amended, Plaintiff is
requested to produce for inspection, examination and copying, at the
offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, 110 S.
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Northern Way, York, Pennsylvania 17402, not later than thirty (30) days
after service of this Request, the documents herein described.
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Definition of Terms
THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING
INTERROGATORIES:
A. "And" and "Or" means "and/or," and the singular form shall be
deemed to include the plural and vice versa.
B. "Describe" or "Oescription" when used with reference to any
conversation, conununication, statement, meeting, or discussion or any
act, transaction, occurrence, happening, instance, or event, means to
provide the following information:
1. The subject matter and substance of that which took place;
2. The time, date and place thereof;
3. The identification of each person who participated
therein, or who was a witness thereto; and
4. The identification of each conununication or document which
refers thereto or which was prepared or made during the course thereof.
. .
or as a consequence thereof.
C. "Oocuments" shall mean the originals, and all non-identical
copies (whether different from the originals because of notes made from
such copies or otherwise), of all written, printed, recorded or graphic
matter of every kind and description, including all attachments or
addenda annexed thereto, whether inscribed by hand or mechanical,
electronic, microfilm, photographic or other means, as well as phonic or
visual reproductions, in the possession, custody or control of Plaintiff,
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including by way of amplification and not limitation:
"
contracts,
invoices, correspondence, notes, drafts, reports, plans, recordings,
"
diaries, desk calendars, interoffice and interoffice memoranda, memoranda
for file, memoranda of telephone conversations, and minutes of meetings
or conferences.
O. "He" and any other masculine pronoun includes any individual,
regardless of sex, to whom the interrogatory would otherwise apply.
E. "Identify," "Identification" 'or "Identity" means to provide the
fOllowing information:
1. When used with reference to a natural person, state his
full name and present or last known business and residence address, his
last known or present business affiliation, and his position in business
affiliation at the time of the transaction, occurrence, event, happening,.,
or matter in question.
2. When used with reference to any entity other than a
natural person (e.g., corporation, partnership, joint venture or
association), state:
(al rts full names;
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(b) The address of its principal place of business; and
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(c) Its orqanization form and its purposes, primary
business or activities.
3. When used with reference to an oral communication:
(a) State the place at which and the date on which such
oral communication occurred;
(b) Identify each person makinq such oral communication,
the person to whom it was made and each other person who was present (in
person or by telephone) when it was made;
(c) State the subject and substance of such oral
communication; and
(d) Specify, in accordance with paraqraph (b) below,
each document which relates or refers to each such communication or which
was prepared and made durinq the course hereof or as a consequence
thereof;
F. "Person" means any natural person or any entity other than a
natural person, inc1udinq, but not limited to, sole proprietorships,
5
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partnerships, corporations, associations, joint ventures, co-ventures and
any other legally recognized entity of any description whatever, as well
as all divisions, departments, affiliates, subsidiaries, or other sub-
units of the foregoing entities.
G. "Specify" when used with reference to a "document," calls for:
1. The nature of the document (e.g., letter, contract, chart,
memoranda);
2. Its date;
3. Each author (and, in different, each signer) t~ereof, and
each person to whom the document was distributed;
4. Its subject matter and substance;
5. Its present or last known location or custodian;
6. The disposition of such document if it was but is no
longer in your possession or subject to your control; and
7. Any other information necessary to enable the custodian to
locate the particular document and necessary for use in a subpoena duces
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tecum or in a demand for the production of the documents under Rule 4009
of the Pennsylvania Rules of Civil Procedure.
I. "Date" means the exact day, month and year if ascertainable, or,
if not, the best approximation (including the relation of other events).
J. "You" or "your" refers to and shall be construed t;o mean the
party to whom or to which these discovery requests are directed, as well
as that party's agents, representatives, including without limitation,
that party's counsel, insurance carriers and insurance agents, as well
as investigators hired or retained by the responding party, its agents,
representatives, or counsel.
"
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1. Identify the person (s) answering these Interrogatories
(please note the definition of identity set forth above and supply
information required by that definition to fully answering these
Interrogatories.)
PLAINTI FF ,
JOANNE H. PAINTER
P.O. BOX 61, 1~1 E. MAIN STREET
PLAINFIELD, PA 17081
2. On August 17, 1993, please explain how you paid for your
grocery order, cash, credit, food stamps, or a combination?
A combination of cash and food stamps, as show~ on the
Receipt prepared by defendant at checkout
'.
(a) Did you pay for your entire order utilizing only
government food stamp coupons?
No.
B
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(b) Did you tender any cash in addition to food stamps to
the cashier? If so, how much?
Yes; $24.98
3. Did your, grocery order on August 17, 1993 comprise of any
items that cannot be purchased by government food stamps?
Plaintiff relies upon the cashier at store to identify any
items which cannot be purchased with food stamps; however, plaintiff
believes that at least the bleach, toilet paper and cigarettbs were
in such category.
4. Please name any items that you purchased that could not be
paid for by food stamps pursuant to government regulations?
Bleach, toilet paper and cigarettes; see previous
answer
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5. State each and every fact upon which you base your,contention
that Plaintiff was humiliated, embarrassed and shocked, and suffered
great and lasting mental anguish. Plaintiff was publicly identified by
store personnel as an alleged thief on the day of the incident and
prosecuted as a shoplifter. See complaint for specific allegations.
(a) Identify each person having knowledge or claiming to
have knowledge regarding any of the facts set forth in
the answer to this Interrogatory. As to each such
,.
person, state specifically the facts of which such
person has knowledge or claims to have knowledge and how
such person came to have possession of such knowledge;
Defendant Svano Ascani; store personnel at defendant
Nell's Market including cashier Jodi Minnich; another
cashier Rachel; and other unknown employees including
bagboys and other cashiers. Additionally, plaintiff was
accompanied by her friend, Jill Wilkins"whose statement
has been provided. '
(b) Identify each and every document which supports, tends
to support or is claimed by you to support your answe~.
to this Interrogatory.
As to each such document,
identify those facts to which each such document refers
or relates and annex hereto a copy of each document; and
Statement of Jill Wilkins, attached.
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(c) Identify each defendant or agent of defendant who
participated in the alleged conduct and state the nature
and extent of his or her participation.
Jodi Minnich, head cashier, accused plaintiff of
theft; Rachel 11, another cashier, who checked
plaintiff out with purchases and insisted that she had
paid the proper amount despite questions from plaintiff,
who did not expect change from the purchaes. Defendant
Svano Ascani, who accused plaintiff of theft; filed the
shoplifting charges against her; testified against her;
created a public disorder at plaintiff's home; caused
the state police to harrass her; and informed other
unknown employees ;hat plaintiff was a ~hief.
6. State each and every fact upon which you base your contention
that Nell's Food Stores and Svano Ascani acted "falsely, maliciously, and
wi th no probable cause" and that the charges were "malicious and
unfounded." Plaintiff had been told, in response to her inquiry, that
was owed $1.00 change and had paid in full; several store personnel
been involved, and clearly there was no shoplifting by plaintiff.
actions ax1eged by defendants do not comply with the definition in
(a) Identify each person having knowledge or claiming to..
have knowledge regarding any of the facts set forth in
she
had
The
the la...
the answer to this Interrogatory.
As to each such
person, state specifically the facts of which such
person has knowledge or claims to have knowledge and how
such person came to have possession of such knowledge;
Trooper Daniel Houseal, PA State Police, who was contacted
by defendants and was the arresting officer on the charges.
District Justice Susan K. Day, who held the hearing
on the shoplifting charges, finding plaintiff not guilty
and determining that the conduct alleged, even if
proven, was not criminal in nature.
11
'-'
,
. .'
(b) Identify each and every document which supports, tends
to support, or is claimed by you to support rour answer
to this Interrogatory.
As to each such document,
identify those facts to which each document refers or
relates and annex hereto a copy of each document; and
Correspondence from District Justice Susan K. Day;
Criminal Citation; finger print order; notice of
hearing.
(c) Identify each defendant that participated in the conduct
alleged and describe his or her participation.
Answered previously in this interrogatory
'.
7. Describe in detail each and every job or position which you
held prior to August 7, 1993. For each position, set forth:
(a) Name of the entity which employed you;
(b) The job or position that you performed;
(c) Identity of any person known to you who possesses or
claims to possess knowledge of any fact concerning your
12
,"'"
c-'
employment with that employer;
(d) Your date of hire and last day worked;
(e) Reason for leaving;
(f) Wages or salary while employed; and
(g) Whether any claim for unemployment compensation, workers
compensation, wrongful discharge, EEO violation, etc.
was filed against the employer either during your
employment or after employment.
Plaintiff's response to this interrogatory
will be submitted separately when employment dates
can be verified. Information essential to this
response is ~\request from plaintiff's husband, from
whom she is separated and now divorcing.
"
13
tL",;,...,
G
you applied
-
torth:
,-
,...
"
\
Describe in detail each and every job or position for which
"
atter August 17, 1993. For each jOb or position ~isted, set
(a) The name ot the entity to which you applied;
(b) The job or position for'which you applied;
(c) Identity of any person to whom you applied or who
possesses knowledge of your application;
(d) The.date you applied;" and
(e) Identify any document relating to each job or position
tor which you applied. Attach a copy of each document.
SEE ATTACHED LISTING.
'.
14
..-
'.
~ Describe in detail each and every job for which you
interviewed since August 17, 1993. For each interview, set forth:
.-
(a) The name of the entity with which you interviewed;
(b) The job or position for which you interviewed;
(c) Identify any person with whom you interviewed or whom
possesses knowledge of your interview;
(d) The date of any and all interviews; and
(e) Identify any document relating to each interview.
Attach a copy of each document.
SEE ATTACHED LISTING.
15
.-'
.-.
...
. -,'
~ State, in detail, all medical or psychological treatment for
any physical or mental condition alleged in your c~mplaint a~d received
by you from August 17, 1993 until today, including the following
information:
(a) The name, address, telephone nwnber of the provider,
doctor, psychologist, psychiatrist, therapist, clinic,
or hospital;
(b) Dates of treatment, i~cluding whether out-patient or in-
patient;
(c) Whether the cost of such treatment was paid by
insurance, workers compensation, or otherwise;
(d) The reason for any medical treatment, including
diagnosis, and whether the medical treatment continued;
(e) Identify the names of all drugs prescribed and/or taken
by you, including the dates during which the drugs were.
. .
used;
(f) State whether you have applied for social security
disability benefits at any time; and
(g) State which medical treatments allegedly arose out of
your incident with defendant as opposed to pre-existing
conditions.
16
,
PLAINTIFF'S REPLY TO INTERROGATORIES 118 AND 119
CONCERNING ,I08S API'L1ED FOR AND INTERVIEWED FOR
THE FOLLOWING POSITIONS WERE APPLIED FOR AND INTERVIEWED FOR:
I. 0) State Clerk I & 2 plus Clerk I & 2 Local Government
b) See 0) above
c) Unknown
d) August, 1994
e) See attached form for test results
2. 0) STAPLES
b) Customer Service
c) Unknown
d) August 1997
e) See Job Service printout
3. 0) Morrison
b) Order Processor
c) Unknown
d) April 1997
e) See Job Service printout
4. 0) Sprint
b) Service Representative
c) Unknown
d) April 1997
e) See Job Service printout
5. 0) KHP Services
b) Data Entry Clerk & General Clerk
c) Unknown
d) September 1995
e) See Job Service printout and KHP letter
6. 0) Mechanicsburll Post Office
b) Carrier
c) Postmaster who was covering for vacationing regular Postmaster (name unknown)
d) October 5. 1994
e) See Call-In Notice
..
,
.
7. 0) Carlisle Post Office
b) Rural Carrier
c) Postmaster
d) January 4, 1996
e) See Call-In Notice
THE FOLLOWING WERE APPLIED FOR BUT NO INTERVIEW WAS HELD:
I. 0) Carlisle Post Office
b) Rural Carrier
c) USPS Harrisburg District
d) June 5, 1995
e) See Notice of Rating Eligibility USPS
2. 0) Land 0' Lakes
b) Production Help with use of computer
c) PA Job Service
d) August 27, 1997
e) See Printout
3. 0) Mid-America Dairymen
b) Labor with use of computer
c) PA Job Service
d) May 2, 1997
e) See Printout
In addition, many informal inquiries were made with other eompanies which I do not
remember, but they were not encouraging so no formal application was filed.
,-
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Notice of Exam/nation Results
Cammonw..lth of P.nn.~ly.nl'
St.l. Civil SlrVlce CommlUlon
H."I,burg.'A 11101.0.11
SCSC.IOOO
"IV. 07.13
SOCIA~ SECURITY NUMBER
238-17-1195
VETERANS' PREFERENCE GRANTED
NO
INFORMATION ACCURATE AS OF
AUG, 24. 1993
NAME - ADDRESS
PAINTER JH J H
PO BOX 65 105 E MAIN
PLAINFIELD PA 17081
~OB T:TLEIS)
COUNTY
,
AUG94DAUPHIN 109: 45: 504
CUMBERLAND 47. 15' 16&
AUG94'DAUPHIN 137' 56' 464
:CUMBERLAND 57' 26: 180
,
AUG94DAUPHIN 71, 35' 279
CUMBERLAND 35' 10' 110
AUG94'DAUPHIN 93' 23: 243
.cUMBERLAND 42: 12, 97
,
,
C~E:'~ .:......................................................................... 96 E
CLERK 2................................................. 95 E
CLERK 1 (LOCAL GOVERNMENT)........................ 96 E
CLERI< 2 (LOCAL GOVERNMENT)........................... . 95 E
?AGE 1 OF 1
SEE BACK FOR EXPLANATIONS
.'
UNITED STATES POSTAL SERVICE
CALL-IN NOTICE
NECHANICSBURG POST OFFICE PA 17055-999B
TELEPHONE: (717) 697-4641
NOTICE DATE: 09-28-94
HIlS NO: 94-00220 HIlS DATE: 09-27-94
ELIGIBLE ID: 238-17-1195
RATING: BO.BO
VETERANS PREFERENCE:
JOANNE H P^INTER
PO BX 65 105 E MAIN ST
PLAINFIELD PA 17081
***** DECLINATION STATEMENT. If YOU WISH TO DECLINE THIS APPOINTMENT, COMPLETE THE DECLINATIOM STATEMEMT
BELOW AltD REfUM THIS PAGE TO TllE POST OFfiCE BY 10-05-94.
If YOU DO MOT INDICATE YOUR AVAIlABILITY fOR JllIS APPOINTMENT, YOUR NAME WILL BE REMOVED FROM TllE LIST Of
ELIGIBLES fOR TllE FOLLOWING REGISTERS:
!!ff.!g
MECHANICSBURG POST OffiCE
NEW KINGSTOWN POST OffICE
MECHANICSBURG POST OffiCE
CARLISLE POST OffICE
NEW KIMGSTOlIH POST OffICE
CARLISLE POST OFfICE
REGISTER
CARR[ER.
CLERK.
CLERK.
CLERK.
CARRIER.
CARR[ER.
!!ffill.
REG[STER
YOUR NAME WILL BE RESTORED TO THE REGISTER UPON RECE[PT Of YOUR WR[TTEN REQUEST [f TllE REGISTER [S STILL IN
USE AND YOUR ELIGIBIL[TY IS CURRENT.
I AN NOT AVAIlABLE FOR THE ABOVE APPOINTMENI fOR THE FOLLOWING REASON:
MY FUTURE AVAilABILITY IS SHOWN BHOII'
() REMOVE MY NAME FROM THE REG[STER UNTIL I NOTIFY YOUR OFfiCE.
() RETAIN MY NAME ON THE REGISTER fOR THE TYPES Of APPO[NTMENTS BELOW:
( ) CAREER
( ) CASUAL (NOT TO EXCEED B9 DAYS)
( ) I WILL BE AVAIlABLE AFTER
(DATE MUST BE GIVEN TD KEEP ELIGIBILITY ACT[VE)
I\DDRESS (If DIFFERENT fROM AGOVE)
SIGNATURE
DATE
UNITED SlATES POSTAL SERVICE
CAL~-IN NOTICE
MECHAHICSBURG POST OFFICE PA 17055-999B
TELEPHOME: (717) 697-4641
NOTICE DATE: 09-28-94
INS MO: 94-00220 HWS DATE: 09-27-94
ELIGIBLE 10: 238-17-1195
RATING: BD.BO
VETERANS PREFERENCE:
JOANNE H PAINTER
PO BX 65 105 E MAIN ST
PLAINFIELD PA 17081
,)
YOUR NAME HAS BEEN REACItED ON OUR REGISTER FOR EMPLOYMENT CONSIOERATION. WE WOULD LIKE TO INTERVIEW YOU
FOR THE FOLLOWING POSITION:
CARRIER CITY OR SPC. PART-TIME FLEXIBLE
P 05, STEP A, $12.54 PER HOUR.
PUBLIC LAW 99-603, THE IMMIGRATION REFORM ANO CONTROL ACT OF
1986 NOW REQUIRES EMPLOYERS TO VERIFY & DOCUMENT EMPLOYMENT
ELIGIBILITY. WHEN REPORTING FOR THIS INTERVIEW, PLEASE BRING
(l)BIRTH CERTIFICATE (2)STATE ORIVER'S LICENSE. A PRE-EMPLOY
MENT ORUG SCREENING AND SAfE DRIVING RECORD WILL BE REQUIRED
THIS NOTICE IS NOT AN OFFER OF EMPLOYMENT. DO NOT RESIGN FROM YOUR PRESENT POSITION AT TItIS TIME.
REPORT FOR INTERVIEW: 10-05-94 AT 09:00 AM
REPORT TO: U S POST OFFICE
702 E SIMPSON STREET
MECHAHICSBURG PA 17055-9998
BRING THIS NOTICE, RECORO OF MILITARY SERVICE (00214), SOCIAL SECURITY CARD AND THE ENCLOSED FORM(S)
PROPERLY COMPLETED TO YOUR INTfRVlfW. INCIUOf ZIP CDIlF. ON ALl ADURESSES. IF YOU ARE FOREIGN-BORM.
BRING PROOF OF HATURA~IZAiION OR A~IEN REGISTRATIOII RECEIPT CARD (FORM 1-151 OR 551). IF YOU WISH
TO DECLINE TIllS POSITION, COMPLETE THE ATTAOIED 'DECLINATION STATEMENT' AND RETURN TO THE POST orFICE.
FAILURE TO REPORT OR RESPOND WILL REMOVE YOUR NAME FROM ALL REGISTERS LISTED ON THE NEXT PAGE. .
THE COLLECTION OF THIS INFORMATION IS AUTHORIZED BY 39 USC 401.1001. AS A ROUTINE USE. THIS INrORMATION HAY
BE DISCLOSED TO AN APPROPRIATE LAW ENFORCEMENT AGENCY FOR INVESTIGATIVE OR PROSECUTIVE PURPOSES, TO A
CONGRESSIONAL OFFICE AT YOUR REQUEST, TO OMB FOR REVIEW OF PRIVATE RELIEF LEGISLATION, TO ANY AGENCY WHERE
RELEVANT TO ItIRING. CONTRACTING. OR LICENSING, TO A LABOR ORGANIZATION AS REQUIREO BY THE NLRA. TO THE EEOC
WHEN INVESTIGATING AN EEO COMPLAINT, ANO WHERE PERTINENI, IN A LEGAL PROCEEDING TO WHICH TItE USPS IS A
PARTY.
MARY KAY MILLER
POSTMASTER
UNIIEO SIAIES POStAL SLRVICE
CALL-IN NOIICE
CARLISLE POST OFFICE PA 11013-999B
TELEPlIONE: (111) 243-3531
NOTICE DATE: 12-2B-95
HIlS NO: 95-00316 HIlS DATE: 12-2B-95
ELIGIBLE 10: 238-11-1195
RATING: 71.60
VETERANS PREFERENCE:
JOANNE H PAINTER
PO BOX 65 105 E MAIN ST
PLAINFIELD PA 11081-0065
..... DECLINATION STATEMENT. IF YOU WISH TO DECLINE TIllS APPOINTMENT, COMPLETE TIlE DECLINATION STATEMENT
BELOW AND RETURN THIS PAGE TO THE POST OFFICE BY 01-04-96.
IF YOU DO NOT INDICATE YOUR AVAIlABILITY FOR THIS APPOINTMENT, YOUR NAME WILL BE REMOVED FROM THE LIST OF
ELIGIBLES FOR THE FOLLOWING REGISTERS:
OFFI CE
CARLISLE POST OFfICE
MEOWlICSBURG POST OfFICE
NEWVILLE POST OffICE
BOILING SPRINGS POST OffICE
REGISTER QfEill
RURAL CARRIER ASSOC
RURAL CARRIER ASSOC
RURAL CARRIER ASSOC
RURAL CARRIER ASSOC
REGISTER
YOUR NAME WILL BE RESTORED TO THE REGISTER UPON RECEIPT Of YOUR WRITTEN REQUEST If THE REGISTER IS STILL IN
USE AND YOUR ELIGIBILITY IS CURRENT.
I AN NOT AVAIlABU fOR THE ABOVE APPOINTMENT FOR THE FOLLOWING REASON:
MY FUTURE AVAIlABILITY IS SHOWN BElOW:
() REMOVE MY KANE fROM THE REGISTER UNTIL I NOTifY YOUR OFfiCE.
() RETAIN MY NAME ON THE REGISTER FOR THE TYPES Of APPOINTMENTS BELOW:
( ) CAREER
( ) CASUAL (NOT TO EXCEED 89 DAYS)
( ) I WILL BE AVAIlABLE AfTER
(DATE MUST BE GIVEN TO KEEP ELIGIBILITY ACTIVE)
DATE
ADDRESS (If DIffERENT fROM ABOVE)
SIGNATURE
UNIIEO SIAllS POSIAL SlRVICE
CALL-IN NOIICE
CARLISLl POST OFFICl PA 11013.9990
IHEPItONf: (111) 243-3531
NOTICE DATE: 12-20-95
ItWS NO: 95-00316 tIllS DAlE: 12.20-95
ELIGIOLl 10: 230-11-1195
MAIING: 11.60
VlllRANS PREFlRENCE:
JOANNE It PAINTlR
PO BOX 65 105 E MAIN ST
PLAINFIELD PA 17081-0065
YOUR NAME HAS BEEN REACHED ON OUR REGISTER FOR EMPLOYMENT CONSIDERATION. WE WOULD LIKE 10 INTERVIEW YOU
FOR THE FOLLOWING POSlTlON:
RURAL CARRIER ASSOCIATE
S10.54 PER 'lOUR.
PUBLIC LAW 99-603, THE "'UGRATlON REFORM AND CONTROL ACT OF
1986 NOW REQUIRES lMPLOYERS TO VERlFY & DOCUMlNT ENPLOYMlNT
ELlGlOlLlTY. WHEN REPORTlNG FOR THlS lNTERVlEW, PLEASE BRlNG
(I)BIRTH CERTIFICATE (2)STATE DRIVER'S LICENSE. A PRE-lMPLoY
MENT DRUG SCREENING' SAfE DRIVING RECORD WILL OE REQUIRED.
THIS NOTlCE IS NOT AN OFFER OF EMPLOYMENT. DO NOT RESlGN FROM YOUR PRESENT POSITION AT TIllS TIME.
REPORT FOR INTERVIEW: 01-04-96 AT 10:00 AM
REPORT TO: US POST OFFICE
66 WEST LOUTHER STREET
CARLISLE PA 17013-999B
BRING THIS NOTICE, RECORD OF MILITARY SERVICE (00214), SOCIAL SECURITY CARD AND THE ENCLOSED FORM(S)
PROPERLY COMPLETED TO YOUR INTERVIEW. INCLUDE ZIP CODE ON ALL ADDRESSES. IF YOU ARE FOREIGN-BORN,
BRING PROOF OF NATURALIZATION DR A~IEN REGISTRATION RECEIPI CARD (FORM 1-151 DR 551). IF YOU WISH
TO DECLINE THIS POSITION, COMPLETE THE ATTACHED 'DECLINATION STATEMENT' AND RETURN TO THE POST OFFICE.
FAILURE TO REPORT DR RESPOND WILL REMOVE YOUR NAME FROM ALL REGISTERS LISTED ON THE NEXT PAGE.
THE COLLECTION OF THIS INFORMATION IS AunlORIZlo BY 39 USC 401.1001. AS A ROUTINE USE, THIS INFORMATION MAY
BE DISCLOSED TO AN APPROPRIATE LAW ENFORCEMENT AGENCY FOR INVESTIGATIVE OR PROSECUTIVE PURPOSES, TO A
CONGRESSIONAL OFFICE AT YOUR REQUEST. TO OMB FOR REVIEW OF PRIVATE RELIEF LEGISLATION, TO ANY AGENCY WHERE
RELlVANT TO HIRING, CONTRACTING, OR LICENSING, TO A LABOR ORGANIZATION AS REQUlREO BY THE NLRA, TO THE EEOC
WHEN INVESTIGATING AN EEO COMPLAINT, AND WHERE PERTINENT, IN A LEGAL PROCEEDING TO WHICH THE USPS IS A
PARTY.
CHARlES WAGNER
POS1MASTER
,\-.
HARRISBURG CUST SVC DIST OFC
USPS HARRISBURG DISTRICT
EXAMINATIONS OFFICE
1425 CROOKED HILL RD
HARRISBURG PA 17107-9425
~
Date Issuad, June 20, 1995
KIIP THIS OFFICIAL RICORD
.'I:IlI:'ATm
NOTICE OF RATING
ELIGIBLE
111I11I11I11I11I1"1""111111I11,,,,1111I1.1,,1111I1.1,,,,11I
JOANNE H PAINTER
PO BOX 65 l05 E HAIN ST
PLAINFIELD PA l708l-0065
This is a racord of your participation in tha following examinstion,
RURAL CARRIER
Date of Examination, 06-05-1995
Type of Exa.ination. Entrance
Installation, CARLISLE POST OFFICE
Applicant ID, 238-17-1195
Date of Birth. 07-26-1960
Aras Officas Selactad. 01 BOILING SPRINGS POST OFFICE
02 CARLISLE POST OFFICE
05 NEWVILLE POST OFFICE
Basic Rating, 71.60
Veteran Points, Not Applicable
Final R.tingl 71.60
Intared an Registerl 06-20-19~5
Expiration Datel 06-19-1997
Registerl
RURAL CARRIER
Your ne.. is now on the register for the installation Dr araa officels) shown on this notice.
If claiming veteren preference, you must present proof of preference when requested by the
eppointing officer.
If you wish to extend your eligibility on the register for a third year, you mey write the
examination center eftar 12-21-1996 but before 06-19-1997 to do so.
It is your responsibility to direct eny inquiries, chenges, Dr corrections, in writing,
to the exe.inetion center identified et the top of this notice. Failure to kaep tha
examination center informed of eny chenges Dr failure to respond to official correspondence,
could jeoperdize your position on the regiater.
Please include the fallowing intoneation when corresponding with the examination center I
Applicant Na.e, JOANNE H PAINTER Applicant ID, 238-17-1195
Examination Center, HARRISBURG CUST SVC DIST OFC Register, RURAL CARRIER
Installstion. CARLISLE POST OFFICE
PS FORM 5912-H, OCT 1993
r
I. '
r
,
.
Plaintiff's counsel has agreed to waive this fee, and
plaintiff will not be required to pay for representation
in the criminal matter.
11. Please identify all medical or hospital reports, diagnosis or
prognosis from any hospital, physician, or health care provider
concerning any physical or mental condition alleged in your Complaint.
For each report, identify:
(a) Its date;
(b) Its author;
(c)
Its recipient and persons copies; and
"
(d) Its present location and location of copies thereof.
No such reports are available.
17
,.
;--
M' .
12. Are you currently under treatment for any physical or mental
condition? If so:
No,
(a) Where;
(b) By whom;
(c) How frequently are such treatments given to you at the
present time.
13. State the names of all witnesses you expect to call at trial.
Jill Wilkins
Plaintiff Joanne Painter
Defendant's employee Jodi Minnich
Defendant's employee Rachel (NFl)
Defendant Svano Ascani as on cross-examination
Such other employees of defendant or witnesses as
may be identified in discovery from defendant,
State Police Trooper Daniel Houseal
District Justice Susan K. Day
".
18
,-.
~
('
14. Identify each document or exhibit you intend to use at trial.
Cash register receipt
District Justice Correspondence
Finger Print Order '
Criminal Citation
Notice of Hearing
District Justice Written Decision, if one made,
".
19
.' .
(
~
~
15. Identify any and all sources of income received by you. For
each source of income set forth:
(a) The dates you received such income;
(b) The amounts received;
(c) Identify each person known to you who possesses or
claims to possess knowledge of any source of income; and
(d) Identify each document reflecting any source of income.
This interrogatory is unreasonably vague and would
seem to include anything' received as income during
plaintiff's entire life. If re-stated with specificity,
plaintiff will attempt to provide requested data.
~ Please state all documents that substantiate that Plaintiff
incurred attorneys fees and other expenses in the amount of $5,000.00.
(a) Name all persons having knowledge of this legal expense.
20
,,-
~ .
. .
.
,.-
,
.
, .
. ,
STATEMENT OF
JILL WILKINS
0(\ ~'.\ v& -\- 17 L yJEr\+ ~ -./\Jc.II~? ....8 (carr
\Stott. vJ~ (Y\7. rt.:jhbo( I Joa.nN.. 'l'cu.-.!lr,
. ond our chddrtf'l, ABel b"'1~(\~ my \.~yoC<(lfS,
I /t.9t- -\-k 61o(t. and v.:a.iID dn -the- Sld-~c;. c..
w,+h~( o"k!rcn o...rP-. ffHY1t., JOMnc W~~
:sfl\1 :tYlj',Je. . - . - '
. ~( aw(OX.\l'Y'a:\~\y 45. rt",nul~:, / J.ca.nn€. cc.O\~
~ J;. -thE ~-ttlfE.. wi-tH -fk bJ-j buy 'p.;5)';""j .-Ihf..
c..a("~" ..:5hL Qi&:ovtCta hc.r liy;,__u:.t(t....fh~"'j
. G.~(-+ht. '005 'bCll' .J~ thE-.,i:runk. Wr1h
-thE. d(OCEr.it:~ "ir.?"tE _~ s'hJ .i-hE.. .-trYi"\.t..
--TrL ~ boy .,.h~r. prou:cdcc\ bdc. -k +ht..
6~(t.... D..Y'd. WE.. ~fiEd -fD lbck fey +k keys,
. Wt 0-\.50 --\-ri~cA_ -!u +o.~. -t~ '.bac.k;;tcd' ov-T
--l-o .0H ',nio -I-ht- -tfuAL Th\~ .k!: o.10Q-
. 30 ("Y)iY"lw-1cS. J o~nnc- -1-heY\ w~Y\+ -\-n,Ca.11
hr h05ta.0C\ 10 ~.E~ if ) \t ~ ~b..J h C.l~ ~:
.... , r~moVL +)'IE.. ~o.c.~+ 1n \,\E:+ ;0h> -{-he...
-h-\)('\t. ~Y\ 6~ Q:tmE. bac."lOy1- wE-.
-+(1 Ed a:1c...\Yl W a.PfI1>X; t'Y'-a..+c.I{ /5 yy\';nuic.s.
\Sh~ -J-)'\fn d~cid.Ec\ .+U call c.... lcc.k..syyri-fh,
wht.r\ ::iht. came.. OvT a.. ~(f..."'0.~C"\ ~~ aJ-
-/hE. CP.J. ii c.-tr; ~O\ -tc ~ H -+h~ 'fbl. Q -J.o s E. L
'I'~ -the,! c.cvld. hc.Jp bu+ -rl"EY OCJY','1. dEal l~'~)'
.
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,
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. ,.. .Clvtc1Y.:\a.-I,C locks.,:it WhIt, JhL \\(€r.:n ~(),.vC:;:S
l' - . ~ . L ", <
,.... ..... N(t-...Jcx:J.yCCi(Y1[ ,.out...."lD..:irc.. .'c'Q.(,_:l-o,.SEE.. .,
. . ., ,if ,lAX.. 30+ -thE. ~y5 qvI- . cf'. ~-fr(J"L yel,
.._ .,..... ..... . ...thgy..__.~..,..tb-t, ...:::r:...~u.J . hf.( .,6tar~h~j,CJ(1.
,-+hf:."Dld..e~\k .5k(IY\A" ,qv+ ~t..-fh~ .co.,,, ,.
1Juflrtj .ih'':l-h'Yle.a.mf.nc\ J' . ~Y'\nf. 1S pull.0
.., . ,. _. .,..vp ..If.'l. a. . :plc..k-.,-.Up.1r uc.lc... 10 d::~{... a.e>si~+Cl t\C C I
. ... .. ..Jo.c't"lrlt. ...D.ic.\n ~ na.~. g.o~.X-+ro. h,/ . So. . wE.
.. .. ___... , . ..Jto..yuJ...aN., ~rhdJ;c..dk, ./odsmff.J,., -r/^.E-
, .:..,., JQ.c-k~rn'rtha(rj.vcd. .~rox.lmO-.-fc:('1'S- ...
, ., ,... ~. , .. .Y.f\If.W-tES .aFkr--lt-a+. ...L -tkY'\WEY"+ ..
. . ... , ... If.\-to ,Jh'L fro~rr~k bECQ.\,.JSe.. .if LtJ::A.~
. ~-/-orrY\10jJf.(y tbcUy.. .. .,...
.. . J;Jh,lt.... \,0[., . l;Ja.r}ac\ jY) :-+h.~ fj(occfY 'crbn-
. brt€Z€..;;r.. -thE.- .em€.. .bJ h)y '0~(d ~\IF I.
0Vq~ +ha.+ }ockol'YicH:-.J.. 0\ c.hQ.'"5 E 'ItN-,
bRy .:hl'l':'C 5 morE...," ARr ClWYO-t'yyp.-k.' II'
lfs .m'/I\uhs v.AEn ..-}hL,;sforrn wa~.6vu:;: .vJe..-,
\}.JU'i-\- ov~ -lc.,-th~ .~idE~Il:::. ~aannE.. pvlLd
~h'C.....Ca( up ((rod. .a5-fhE ch,/dftharcJ.;r:..
.. 50+ J r. -I~E. ('C).(. .Jool):'Qy\d. ano1her. c.rnp/oytt...-
... ... aske:J.. .I~ -+k:i 2,,~ .Jo~n('e. I.u1S j6fY1j -1n
. -b.b..., , COd E C:S *' ffsf cf ~[( b'i II. JD0-0Y\[..
.5::li d ~~ hcu:;\ -t" '-hl:E.. ~r jroan E.5 ,horf'e....
C\r'(.l d1( iA,1oJd bE ha.ck. -rJ'1~Y c.sk.ed IF:shE-
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~o uld bE.. bc.k. '-1hcd ..nl ~ht~r~~._-,~,Q,icLh""
who.-hut"(. . ,
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17. Please state the amount of income Plaintiff earned or received
for thA last seven-1Il,y~a!s.
SEE COPIES OF TAX RETURNS ATTACHED.
18. Please sta,c c",," ~ype OI aarnages that Plaintiff seeks from
this suit, specifying the exact amount of liquidated damages.
P-1aintiff.is seek unliquidated damages only.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY.
(
F. YAN
orney fo Oefendants
prerne Court 1.0. No. 55741
110 S. Northern Way
York, Pennsylvania 17402-3737
Telephone: (717) 757-7602
jsh/nells.int
21
,
~
I, the undersigned. hereby verify that the statements made herein are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.8, ~ 4904.
relating to unswom falsification to authorities.
Date: July 15. 1998
.
CERTIFICATE OF SERVICE
I hereby certifY that on the 16 +l.. day of July, 1998, I served a copy of the
attached REPLY TO DEFENDANTS' REQUEST FOR PRODUCTION OF
DOCUMENTS DIRECTED TO PLAINTIFF upon the following person, by first
class mail, postage prepaid, at Carlisle, Pennsylvania:
Michael B. Scheib, Esquire
110 South Northern Way
York, PA 17402-7602
Attorney for Defendants
/(73n/l (lI/VtrJ
Roger'M. Morgenthal, Esquire
Attorney 10# 17143
Flower, Morgenthal, Flower & Lindsay, P.C.
II East High Street
Carlisle, P A 17013-3016
Telephone (717) 243-5513
Attorneys for Plaintiff
22 Add tMe amounts in the 'ar ri ht column 'or lines 7 throu h 21. This is
23 IRA deduction (see page 16) . 23
24 M~ical sa'W'ings account deduction. Attach Form 8853 24
25 Moving expenses, Attach Form 3903 or 3903.F . 25
26 One.ha" 0' self.employment lax. Attach Schedule SE 26
27 Self.employed health insurance deduction (see page 17) 27
28 Kecgh and self.employed SEP and SIMP~E plans 28
29 Pl!natty on early withdrawal or savings 29
30. A;,mcny ~la b Recipient's SSN ... 303
31 Add lines 23 through 30a . .
32 S~t::tract line 31 'rom line 22. This is your adlus1ed gross Income
For Privacy AC1 and Paperwork Reduction Act Notlcel see page 38.
f'1040
Label
Is..
instruction'
onPlIl0101
U.. tho IRS
Ilbll.
Otherwise,
please print
ClIYPI.
Preside nil II
Elecllon Clmpllgn ~
See I e 10. ,
1
Filing Status 2
3
4
Chock only
on. bo....
Exemptions
II more Ihan ~x
dependents,
.ee page 10.
Income
Attach
Copy 9 0' your
Form. W.2.
W..2GI and
logg,R hllo.
If you did not
gOI a W'2.
.ee page 12.
Enclose but do
not attach any
payment. Also.
please use
Form 1040'V.
Adjusted
Gross
Income
If 'Ine 32 is under
529,290 (unde,
59,770 ,I a cMd
did not live With
you), .ee EIC Insl.
on page 21.
L
.
I
I
L
H
I
A
I
O'O..~enl 01 the T'....uty-IHI.'n~ RII.,..n~ S."Ilf~.
U.S. Individual Income Tax Return
~@97
III
IllS 'J~. ~-,~-'~') N.! WI"" ~ ",pl. '" ,,,,, 'D'~"
'ot the ~.It JAn. ,.Otc, 3'. '"'.0' 01"" ,.. yel' begInning
YOShOamr\'~:(I'1 lal~m~
" . tc ,,' ,....m, 'POUlt'""" namt .nd 11\+11.11 LlII n"me
. 1991. .ncMq
, 19 OMS No 15'5'OO7~
Your loel.1 lIeu"1 number
1';;'r: r\ \ q 5"
SpOUII'1 loci.' ,.curily numb.'
(
-
-
AQI nc
Fa' hllp In IIndlng IIn.
Inltructlons, "' pag..
2 Ind 3 In thl bookllt,
V.. N
Hotl: Chec'flfllJ
-Yes" WIll nor
'll.Iltgt your I'. "
rtdun your r,I:",o
.,..
Dc you ant 53 10 go 10 Ihi. nd7. .
If I int return. does our spouse want $3 10 0 to Ihis fund" .
SIngle
M~rrjc::1 'illng Joint ,:turn (evcn if onlv anD had income)
Mamed Uno separate relum. Enter spouse's aocial secunty no. abOve and rull name hl~l. ...
Head of hous.hold (wilh qualifying per.on), (See page 10.) II Ihl qualifying pe'.cn i. a child bUI nol you, dependent.
enter Ihis child's name here. ..
5 Ouali in widow er~ wilh de endenl child ( ear spouse died'" 19 ), (See a. 10.)
e. .,Kj Yoursen, If your parent (01 someone else) can claim you as I dependent on his or her tax} Ho. .lbOIIl
relurn. do not check box 6a. . . . . . . . . . . . . . . . clllCkld Oft
Ilud I~ .
b Sou........................... No. .'rour
c D.pend.nts: II) D'Q,nd,nfS (31 ,penlJ.nI s I",: 01 I!'~ntlls chlldrlll 011 Ie
ftl,hOMJuP 10 h.UIIl/OO' wllo' '}...
111 FilS: rIme ust nlm. soc~1 ucurlry numbe, au lIe~' ll'Il~1 .
. Und willi rou
mE:> r . did nDl 1IV1 with
c;."'a.('\~kl\ -v IOU duo I. dlvo"o
orllp.rlUon
(lI.p.g.lll
D.p.ftd.1'It1 aft Ie
nolultr.dalloYl_
Addllumtllfl
,nllNd 011
Iin'lalIOV'"
y.
'\
d
7
81
b
9
10
11
12
13
14
15a
16a
17
16
19
llOa
21
m
.t'"e
Tetal r.umber ef exemptions claimed
-
Wage.. ..lanes. lips. elc. Allach Form(s) W,2 .
Tn.bl. lnlerest. Attach Schedule B i' required
T.....xempt Interest. 00 NOT include en line Sa .
DI'W'ider.ds. Anach Schedule B if required .
Taxatlle refunds. credits, or offsets or state and local income taxes (see page 12)
A:imenl' received
Business Income or (loss). Altach Schedule C or C.EZ
Cap,tal ga.n or (loss), Allach Schedul. 0
O'.I1er gain. CI (10....). Allach Fcnn 4797 ............
Total IRA distributions. ~ 0 b Taxable amounl (see page 13;
Tetal p!:':SiOr.s and annurltes 1Ba b Taxable amount (see page 13\
Rental ,eaJ estate. royallies. partnerships. 5 corporations. lrusts. elc. Attach Schedule E
Farm Ir.come or ~oss). Attach Schedule F
UnemJ:loyment compensation . ... . . . . .
Sccials!Cunty benefil' . 120a I I b '..able amounl (S08 pago I.'
Other income. List Iype and amount-see page 15 ....................................
8b
-
9
10
11
12
13
14
15b
18b
17
18
19
20b
-
our total 'ncome ...
. ~
Cat Nc 11J:~9
Fo'm 104011997,
Fonn 10<011997)
Tax
Compu-
tation
II you want
th. IRS 10
'laurA YOllr
lax. see
page 18.
Credits
Other
Taxes
Payments
Allaeh
Forms W.2.
W.2G, and
1099.R on
the'ront.
Refund
Have it
directly b
deposiled! ...
See page 27
and hll,n 62b, ~ d
62c, and 62d. 83
Amount 64
You Owe
Sign
Here
Keep a copy
of this return
10f' your
records.
Paid
Preparer's
Use Only
33 Amount from hn. 32 (ad,u.l.d gran incom., . . . . . . . . . . . .
3011 Check if: 0 You wer. 85 or old.r. 0 BI,nd; 0 Spouel wa. 65 or old.r. 0 Bhnd.
Add the number of boxe, checked above and Inlet the total here. .. ... 34a
33
I
I
I'
~
35
I
38
~"'
37
38
39
.~
~
,
,
3
35
b If you .re married filing separately and your SPOUSI itemizes deductions or
you wert. dual.status alien, see pago 18 and check here . . . .. ... 34b 0
(11.mIZld dldul!!lADLJrom Schedule A. lin. 28, OR J
~~er St:=:rr ~~ctl~~dw~~e~~ :: Ir~:3~~n~r ~:~u~'r ~~~~~~I
I.rge, can claim you as a dependent.
~~u" I Single-54.150 I Ma"..d flhng joinlly or Oualifying widow(.r)-$6,900
I Head 01 hou'.hOld~ I Marrl.d filing ..paral.ly-53,450
Sublrlcllin.35Iromlin.33.................. .
If lin. 33 I. 590,900 or I.... mulllply 52.650 by Ih. tolal numbOl of ...mpllons claimed on
iilla 6J. Ii line 33 is uvur $90.900. Strtt ,h& WOll\:.tltJUi. uti iJa\:la 19 rut li Iii &l11oun\ tv entur .
Tuabl. Incom.. Subtraclllne 37 from line 36. If line 37 Is more than line 36, enter -0.
Tea. Se. a. 19. Check if I lax from 8 0 Form. 8814 b 0 Form 4972 . . ~
40
41
42
43
~
44
0- tV
, ~5l?' GB
38
37
38
39
40
41
42
43
44
Credit for child and dependent care expenses. Anach Form 2441
Credit for the .Iderly or th. di.abled. AlIach Schedul. R .
Adopllon credit. Attach Form 8839.. .....
Foreign lax credit. Allach Form 1116 .....
Other. Ch.ck if from e 0 Form 3800 b 0 Form 8396
cO Form 8801 d 0 Form (specify)
Addhn..40Ihrough44 . . . . . . . . . . .
Subtract line 45 from line 39. It line 45 Is more than line 39. enter .0- .
~
45
48
47
48
49
50
81
82
63
64
65
156.
67
68
69
80
81
820
Sel'.employmenllax. AlIach Schedule SE. . . . . . . . .
Alternative minimum tax. Attach Form 6251 . . . . . . . .
Social seconty and Medicare lalt on tip income not reported to employer. Attach Form 4137
Tax on qualified retirement plans (including IRAs) and MSAs. Attach Form 5329 if required
Advance earned income credit payments from Form(s) W.2 .
Hou.ehold employm.nt I..... Allach Schedul. H. . .
Add lines 46 throu h 52. This Is our total lax. . . . .
Federal incom. la. withheld from Form. W.2 and 1099. .
1997 eSlunattd tall payments and amount applied from 1996 return.
Earned Income credit. Attach Schedule EIC if you have a qualifying
ehd~ b Nonlaxabl. earned incomo: al11O\U1l ~ I I I
and Iype ~ .................................................'
Amount paid with Form 4868 (requesl for extension). . .
Excess .ocial ..curily and RRTA tax wilhheld (see page 27)
Other payment., Check IlIrom a 0 Form 2439 b 0 Form 4136 69
Add lines 54. 55. 56a. 57. 58. and 59. These are our total avmenll . . . . ....
If line 60 is more than line 53. subtract line S3 from line 60. This is the amount you OVERPAID
Amounl ollin. 61 you want REFUNDED TO YOU. . . . . . . . . ~
Roullng numb.r ~ ~ c Typ.: 0 Checking 0 Savings
Account number
Am"n,,",n,61 ou wanl APPLIED TO YOUR 1998ESTlMATEO TAX ~ 83
if line 53 i. mar. Ihan Iln. 60. .ublracllin. 60 from lin. 53, Thi.l. Ihe AMOUNT YOU OWE.
For details on how to paY', see page 27. . . . . . . . . . . . . . ....
85 Estimated lox p.nally. A1.0 includ. on line 64. . . .. 85 ~ ~ ~>
Unci" penaltles 01 P"JUIY. I deeloll" thai I hay. t.3fnlned 'hIS retum and accompanying schedules and 1t.1.I,m,nIS. and 10 the besl 01 mv knowledg. ar.c:
bll.,r. thl)' at,lru.. correct. and cempl't.. OeclW31lon or "r,par.' (alht( ltlan l3J;payerlls based on all InIOrm3!JOn of 'oIlhlCh preparer has 3ny know!td;e
Your Slgnalur, Dale Your occupatIon
~ Spous.'S ~gn"ur.. " 0 ,o'n1 "'um. BOTH must ~gn Do" Spou.e's oeeuO'''on
J :J;.rA- ~'i?'
Check I'
"",emplayed 0
Prep""", SOCIal UCUflty no
Preoa'e", ....
SlQn:Uurf ,
Firm's n.1me (er "ours ~
,1 se!t.1!",DIO~'edl .1nd
,1.1,]'11'''
Oal.
EIN
ZIP coa"
j
...
14
11
III
18
14
II
1II
18
14
!1
Ie
18
14
11
;g
18
74
11
III
911
14
II
1a
~8
14
11
la
;e
14
'1
"a
8
4
J1
.llI
18
:4
II
la
8
!4
'I
9
8
., I
1
3
3
,. n
I
.9 Ii
6 I
4
.,
)9
6
.
~1040
-
Label
ISee
_'1.1
Check only
one bo.,
Exempllons
II mOIl than six
dlpendents,
see the
In.tructlons
100Iino &c.
Income
Attach
Copy 8 01 your
Fol'llUl W,2,
W,20, Ind
1000000R h...,
If you did not
got I W-2.
seethe
Instructions
lot line 7.
Enclosl, but do
notallach,any
payment, Also,
please enclose
Form Ill4O-V
(... the
instructions
fOlllnl 62),
Adjusled
Gross
Income
L
.
.
.
L
o-panrnent of lhe Tf.......-y-Int.mal.R~ ~
U.S. Individual Income Tax Return
Fat the.,.. Jill, 1..o.c. 31, ,IMMI, Of othef' w yea- ~
V first name and IIlfUal .....
1l{4 f" ('\ of'
~@96
(10) IRS UN Ontf-Oo not ..lie or .~ III thII ~
, 1_ ondinQ , 11 OMS /010. '110'.00"
VOW' IOC'" ~ number......
'2.1'<: J?! II q~
tpou..'llOdIIleaurtt1 numbet
~(
II .l'Mnt ,elum. apou..'. fitll name tnd INt'"
w,"""'"
22 Addir;;;;;';~i,;'u;.;j;';""i'cd~~-,;-i';;;;7'''''''''2;:;N;'b'''' "i~iiij;,;;';;';'~
231 Y"",IRA doduc1lOn (SII instructions) . . . 231
b SpousI'S IRA deduction (... instructions). . . 23b
24 Movina ",penses. AI1ach Form 3llO3 01 3903-1' . 24
25 OnI-hBII of .oI'-employment tax. AI1ach Schedull SE 25
If linl 31 Is under :Ie Self-employed heollh Insurancl deducllon (SIIlnst.). :Ie
528.495 (under 71 Keogh & solf.employed SEP pilm. If SEP, check ~ 0 71
$9,500 If a child 28 Penalty on oally withdrawal of savings. . . . 25
did not IIVO wrth 29 An_ MiA n...........'. SSN ~ '~--I- -. 2lI .--
you), soo tho ~,-" -- ~'...."
instrucllOns for 30 Add lines 23. through 29. . . . . . . .
line 54. 31 Subtract line 30 from line 22. This Is our ad usted rali Income .
Fo, Privscy Ac10nd P.petWork Reduellon Act Notice, "0 p.ao 7.
~I.no.
d
7
81
b
"
10
11
12
13
14
181
181
17
18
la
201
21
ToIII numbet of ",om tions domed
Wag.., oaJatI.., tips, Ite. Attacf1 Form(.) W'2
Taub" Int...t Attacf1 Schedule B II DVfI $400 .
T..,...mpllnI...t 00 NOT Includl on line 81
DlvIdend Incoml. AItIch Schedule 8 If "'01 $400
TIIlIabI. refunds, cndits, ct offsots of ..... and loceIlncoo:n" ..... (SII instructions) ,
Alimony received .. .. .. .. .. .. .... .. ....
BusinIII incOml 01 (loss). Attach Sch8duie C ct C-EZ . . . . . . . . . .
eapn;. gsln ct ~OSI). -If 1Iquintd. ettsch ScheduIo O. . . . . . . . . . .
0theI gains 01 (IossII). AItIch Fonn 4797., . . '8'" ........
TotellRA dlstrlbu\lOnS. . IJ!!.I . b TuablollllOLl1l (SIIlnst.)
TolII pensions end llf1liuItles U!!..l b TuablollllOLl1l (SIIIns1,)
Rentel rsal utllo. roysItf.., psrtnIfIhlPS, S COIpOISIlons, trusts, ote. Attech Schedull E
Farm IncomO 01 (loss). Attach Schedule F . . . . . . . . . .
Unemployment compensation .. . .. .. .. .. .". .. .. '. .. .. .. .. .. ..
Soclal oec:urily beneflls . I 2011 I I b TuablollllOLl1l (_Ins1,)
0theI1ncom1. LIII type Inl ImDUlt-<lllinstructJons ..................,..,..........
.
8b
--
~
Cot, No. 113208
ell Plo t13208
,
F'orm 1040 W'1~
- 2.
For help ftndlnO line
lnatructlona, - pa,,"
2 and 3 In 111. bookl.L
v.. No
- C/IOCking
-r..- wrlnot
c/wlgI yaII ... 7JI
~. 'fOUI"1I.n1
"
10
11 ,-. C1.'
12
13
14
lab
18b
17
18
1"
:lOb
;....,'~-.1 r-
, .
/-'":'-
....;...-
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.1'"0
Fonn 1040 119961
h
o
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anc
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II
III
11
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01 ~
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and
Fed.
Aba"
taxn
financ
,."db
servlc
lotal.
I.! .
IIlllll
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..deln~
mled en,
2. NIll,
,'gnlffe'
'utleys ~
.,ur armr
Illensl
illS be.
vent ,.
nllltary
:ountril
lllSsles
3. NI
'Iotal
lents c.
..Ph)
I'opm.
utlays
QUree! 61'
ortation
>condall
111._
:endangn
llhlCM
.
.
"',..-- .,...
F_ .0<0 11IMI
i
Tax
Compu-
tation
I 1
II\'OIJWlIlt
theiRS to
figurl yoUl
tax. lee the
InltlUellons
100IIno 37.
Credits
Other
Taxes
Payments
Altach
Fonns W'2.
W'2G. and
1099.R on
Iho front.
Refund
Have it sent
directly to ~ b
your bank
SCClMtI Soo
Inst. and fill In ~ d
6Ob. c. and d. 111
Amount 112
You Owe
Sign
Here
Keep a copy
of this retum
for your
records.
Paid
Pre parer's
Use Only
---
32
330
34
Amount f"""lino 31 (Idjusted gRIss Incomo) . . . . . . . . . . . .
Chock II: CJ You WOII 85 01 aldOl. CJ ellnd: CJ IIpOUIO wsa 85 or oldor. CJ ellnd.
Add the number 01 boxol chocked Ibovo end ant.. the to'" hoIl. . . . ~ 330 .
b II you 810 mllriOd IlIIng IOpaIIltoly end YOUlIpClUlI Itomlz.. deductlonl 01
you worl I dual'ltatua alien. "" InatlUctlona end chock honI . . . . . ~ 33b CJ
(itemized dodUctlona from Schedule A. line 28, 011 )
Ent.. Standard deductlon ahown below 101 your IIIng atatua. But ... Ihl
the InatnJctlona II you chocked any box on line 33a 01 b or aomoono
Iatge, can claim you sa a dependent. .
~ 0 SIngI&-$4,OOO 0 Mllried filing jointly 01 Oualllying wldowiOlj-S8,700
o Head 01 housohokl-$5.900 0 MMied filing aepllltol>-S3.350
Subtract Une 34 from line 32 ..' . . .. . . . . . . . . . . . . . .
II line 32 la $88.475 011.... multiply $2.550 by the total number 01 oxomptlona clalmed on
line 6<1. II line 32 la OVOl $88.478, a.. the WllIIcahoolln thelnaL lor the amount 10 enlOl
Taub" Incomo. StJbtroclllno 38 from Ilno 35. II line 38 Ia mOIl than line 35. enter .(], .
Ta. Soo Inltrucllona. Chocll 1110'" Includ.. any tax from . CJ Fonn(l) 8814
b CJ Fonn 4972. . . . . . . . , . , . . . . . . . . . . ~
Credit 101 clild and dopondont care o~. AIlach Ferm 2<< I 38
CredlllOllho olderly 01 the disabled, Allach Schedule R .. 40
FOIIlgn tax CIOdlt. Altach Ferm 1118 ...... 41
OIho1. Chock K from . CJ Ferm 3800 b CJ Form 8396
o CJ Form 8801 d CJ Form (spocily) 42
Addlln..39l1vough42 . . . . . . . .. . .. .
StJbtraclllno 43 from line 38. II line 43 II mOIl than Iino 38. ant... -0- .
SelI.employment tax. Altach Schedule SE. . .'. . . . . .
Alternative minimum tax. Allach Ferm 6251 . . . . . . . .
Social HCUitty and ModIcare tax on tip Incorno not reported to employel. Attach Form 4137
Tax on qualified retlremant plans, Incfudlng 1RAs. II required. attach Form 5329 .
Advanco med Incomo credit p-vrnontll""" Ferm(l) W,2
Household employment taxes. AItach Schedule H. ; .
Add lines .. h 50. This IS tolallaJr.....
Federellncomo tax withhold from Fonns W'2 and 1099. .
1996 ostlmatod tax payments and _, applied I",", 1995 !111m .
_incomo cndt. Attach SchoduIe E1C ill'lU_ hiv! a quaII~
child. Nontaxablo earned Income: amount ~ I -:..JIJ :1" In I .' I
end type ~ .......................,....,..........,....,..... 54
Amount paid wllh Ferm 4868 (request 10' oldonslon). ., 115
Exc... socIaIlOCUrity end RRTA tax withheld (soolnsL).. 115
00... paymonts. Chock If InlII1 a CJ Form 2439 b CJ Form 4136 ri7 ~
Add lines 52 tIvou h 57. 1hose are r lotal . . . ~
II line 581a mOlothan IIne51, aubllllct line 81 from line 58. This Illho amount you OVEIIPAlD
Amount olllne 59 you WlIlt REFUNDED TO YOU. . . . . . . . . . . . ~
Routing numbOl CJ:[:QI[I]] 0 Typo: CJ Chocking CJ Savings
38
31
~
38
38
40
41
42
.'
,//
43
..
45
45
47
45
4lI
50
111
112
113
54
~
.
~
-- .-'
115
151
ri7
115
159
lIOlI
Account number
Amount af Iin. 59 au wanl APPliED TO YOUR 1"7 EmMATED TAX ~ 111
II line SIll mOIl than line 58. aubtraclllno S8 from IIno 51. ThIs Is the AMOUNT YOU OWE.
For dotalla on how to pay and uso Fonn lCMO-V, "" InstlUellons. . . . . . . ~
113 estimated tax anal . Also Include on IIno 62. . , .. 113 .
Under penaltltl af perJUry. I dedit. that I have uanuntd thit rlth.m and accompat'IyIl" lCheduln and 11I11mIn11. and to the belt of trrt k/'~
beIi.f, they In true, COfT8Ct. and compet.. Dtctata11011 of prtparer (othef thin tIJlpIyef) II baNd on all infonnlbOr'l of wNch JftP&'1lhas IITt 1
~ Your SIgnature ,..' /J Oat, Vour occupatIOn I
' , - "'I I ld .-.
/' . .... ;}'"' ., h ......
, .3 ....f,J..l"".""I\ "to .. - ~
~ Spouse', SHilnatur.. II ,om return, 80TH muSI l'9n. Dal. $poUH'S oc:cupatlOl'l .
, J
~
Pt'e-paret'S ~
SlgnalUtt ,
Fifm', name 101' yours ~
II sell.emptoytdl and
address
t. ~ -1~\. -1-\
\. . \ --
Dal.
PrepM't" SOCTa. I .
i !\
,
Check If
sell.employed
CJ
EIN
ZIP cOde
I
i i
d II yoIII cIliId dldn,!Nt wtth IQII bullS r:IIImed u your depend.., under a pra-l9U agntman~ chick hara · 0
. Total numllOr 01 ox Iona c:taImed . . . . . . . . . . .
7 Wogeo. IIlIriIO. llpI. Illl. AttKh FoIIn(.) W,2 . . . . . . . .
.. T...... InIIlN1 _ (_ pegl 15). AIlICI1 Be/lldulo S W ..... $olOO .
b Tu...-! InIIlN1 (_ pogo 15). DON'T Includl on llno" ab
II Dlvldond Incclrn& AttKh SClIodUII B II ..... $0400 . . . . . . .
10 Tuab1Irefundl. c:redItI, eM' 011Io.. oI...tl ond locaIlncoml lax" ('M page 15) .
11 AIknonV recefyecI . . . . . . . . . . . . . . .
12 IIuIlnoU _ eM' (1ooi). AItICh Schedull C or C,EZ . . . .
13 c.pltal goln eM' (1ooi). II roqWod, anach Schedull 0 (- pogl 18)
14 01h0r gainleM' (IOIIM). AItICh FClllI14797. . . . . . . . . . . . . .
150 Total IRA dlstrillullona. lJ!!J 1-1 b TuabI.lIIlOlIIt (III pogo 18)
,.. TotJI pansions and annuitJes l.!!!.I U b TaublIlITlClIIll (III pogo '8)
17 Rental rool ....... royaItJu, poIl/IIIIhlPl, S eOlJlOtltlonl. lru.t.. .te. M.eh Be/lldulo E
18 Fann _ eM' (1001~ AItICh Schodulo F . . . . . . . . . . '
111 unomploymlnl~(-pall.l7) . . . . . . . . . . . . .
201 SocIaIIICUIlIy bonoti1I 1201 I I I b TaublIlITlClIIll (III pogo 18)
21 OIlIer Incoml. UII typo ond amount_ pagl 18 ....................................
22 Add thl amountllnthllar htcolumn 10rlln.1 7 throu h 21. Thllll ,tollllneoml ·
Adj t t 23a Your IRA deduc1lon (- pogo Ill) . , . . 23a
US men S b SpousI'.IRA deduction (_ page 19). . . 23b
to Income 24 Moving ..ponsea. Altach FClllI1 3903 or 3903.F 24
2.5 ()noohalI of IIll-omploymll1t lax. . . . . 2.5
28 Sol',omployod hoollh lnaurencl deduction (1M p.g. 21) 28
:n Keogh & aoIf-omployld SEP plana. II SEP, chICk. 0 :n
28 PonIl1V on eer1y wtlhdIIWal 01 aavtngl. . . . ., 2.5
211 ",many paid, RocIpiont'l SSN . !! 211
30 AcId line. 23_ throu h 29. Th... It. our total ad ultmen" . . . . . . ." 30
Ad usle 31 Subtllctllne 30 lrom IInl 22. T111111 your adJulled aron Incoml. II leas th.n S26.67~ .nd a child lived
Gross Income with you (~1S Ih.n S9.230 II. cllild didn't live w1lh joul.... 'Earned Incom. Cred,t' on 0' e 27. 31
C.~ No. el104F
/ ~
a
/;.'~8 ;
pMt ·
rypo, a
"ldlntl.1
ecllon Campalan ..
u II. ,
1
2
3
4
IIInll Status
M pegl 11,)
hOCk only
n, box.
:xemptlons
Soo pogo 12.) b
o
II more than aile
j~'"
_ pogo 13.
Income
Attach
COpy 8 01 your
Fonna W,2,
W.20. ond
100000R ......
If you did not
ge' . W.2. s..
page U.
Enclo.... but do
not .""ch, your
payment and
payment
\IOUCI1II. Soo
pogo 33.
'U.::t. InUIYluual ......""...... """" ......-... "
,II
I
OMB No. '~~.OU'"
11 ti5
, '"&. endtnQ
y----
Jt/tJ :5"'1 i tAr(. .
.........'._--
'l% iI7 ! If'1\
For Prlv.CY Act .nd
P.perwork Roduo1lon
Act Notlc., _ p.g. 7.
YI. No _ Chf/CJdtlg "YOI'
nor.- yout
1alr00_yout
_.
1M' "!fJ
I'A-' t..t'"
1M.......
Api. no.
I
..
II. II ....1
:::' - Ie 1:....
II. II,..
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. ""', 1118 willi
,.ilalla
--
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"'_'"--
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~
II
10
11
12
13
14
lab
18b
17
18
111
2Gb
21
22
12.
Ie: "'1e
7,
~"
,7.~ ('C
It. ,., I (:.'
Form 1040 1'"51
K line 3Z II ...,.026 01 _. "...nIpIy 12.500 by the tolll numblt' 01 IS""'plIonI cllimld on
... 01. K ... 3Z II <NIl "".025, _ the __, on PIgI 23 101 the _, to ..tll. :II
37 T....... ~ Subt*' 11/1I :II 110m II.. 35. 1111.. 35 II men \hIIl11n1 35, ..tll .0-. 37
:II Tu. CheCk K 110m . 'g] Tilt Tibia, II 0 Tu RaIl Schtdul.. 0 oCapl\ll QIIn Tu WOlk'
IIlHI. 01 doFormlMl15 (_pIge24). A/nOUIll110m Fonnll) lMl14 ~ · I
:II AddlIJonII- CheCk K 110m . 0 Form 4870 II 0 Form 4812 . . . . .
40 Add 1_35 ond 38. . . . . . . . . . . .' ...... ~
41 CndII 101 cIlIId ond d~ont.... uponlft. Al\OclI Form 2<<1 41
42 CttdlIlot the oldllly 01 the dlUlllod. A\IIdI Schedulo R ., 42
43 Fdgn lilt CIIdJI, A\IIdI Form 1115 . . . . . ., 43
44 0I\lII"- (1M pIge 25). CheCk K 110m . 0 Form 3llOO
II 0 Form 113M a 0 Form lMlOl d 0 Form (opoclIyl_ 44
41 Add Unel41 ttvouQh 44 . . . . . . . . . . . . . .
45 Subt*' 11n145 110m line 40. K IIno 45 II men \hIIl1lnt 40. ",,".0, .
41 lloII<<npIcl)mIIIl ,... AlIach Sc:hOduIo SE. . . . . . . . .
45 A/tInIIIlVI mInImUIII ,... AlIach Form 6251 . . . . . . . . . . . .
... floCtP\ln -. Cl.U from .0 Form 4255 110 Form 5811 00 Form 5825
10 SaclllIIClIIIIV ond ModIcItt till on tip _ not roportod to ompIayII. AlIICh Form 4137
II Tilt on quaIlftod ,.IIoo","nt plant, IncIUdlng IRAL II roquilld. Ittach Form 5328 .
a ~ II/TIId _ CIIClII payrnon\IlIom Form W.2 .
111 HauMIlOId ornpIoymont _ AlIach SChodull H. . . .
14 Add_..e 53.'l1IIa1l talaltaJl.,...
58 FtdIrII_1D wttIlhlld.llany Is lrom form(a) 1099. diode ~ 0
lMl 18D511S11m1tod till poymonlI wid IIllOIIlII!lPlIod 110m IIlD4 - .
111 Iamod _ CIIdJI, AIlIch SChoduIt EIC W you hi" I quIIiIyInD
cIlId.__IIIIlICI_IIIlOUI1l~1 I I
ond typo ~ ..,..............,..,....,............,............ 111
lMl A/nClUl1I paid with Form _ (lll1ons1on request). . .' III
III e.c- oocIII HCUIIIy ond RATA lilt wIt/IhIId (SII pogl 32) 58
10 0lI1II poymontJ. Chock W 110m .0 Form 2438 II 0 Form 4135 10
51 Add IIneI 55 60. n-III la~ nta. ...... ~
a Klint 51 Is,""" than lint 54. "bIr"Uno 54 110m lint 51. ThIs Is thllmount you OVERPAID.
111 A/nOUIItol II.. a you willi REFUNDED TO YOU. . . . . . . . . . .
14 Amount 01 11M 62 you WIIIl APPLIED TO YOUR 111I EmllATtD TAX ~ 14
58 K IIno 5411 men \hIIlllno II. s_11n1 51 110m IInl 54. TIlls Is thl AMOUNT YOU OWE.
Fot doIIIII on '- to pay ond UII Fonn 1040-V, Plymont Vouchll. SII PIgI 33 . . ~
lMl EI\lmated lilt _ . A110 inCIUdl on Ilnl 55 lMl
u.-........Olptf\urf.'_IholI__....,..""lIIld~_lIIld...,_..lIIldlDl/lO_oIfff/_ond
_....,......._ond_._oI_"'o"*_.-.._on..lnlormlluonol__hIIlllY-'
.. YINI llot. YINI_1Ion
,. cP-I.,-9~ /J r 0 ~
011. SpouM'. occuPIbOn
2: 4,-" oPt-I\.a.((eu
--.--....
Amounlllom U.. 31 llOlu.,ed groll In.oml) . ' . . . . . . . , . .
Chock iI: 0 You w... 65 01 oldll. 0 BUnd: 0 &pOult wll 15 01 _. 0 BUnd.
Add the numbII 01 bou. choCked IboYI ond ..tll lhe 10111 hili. . . . ~ *
II y<NI poIIIlIlOI lOlI-" 0111) eon .11Im you II . dopondont. Chock hili . ~ ~
It you III moniod IllInO ~.111y ond your lpoull 11"",1111 deduellonl 01
you III . duII..tatul _. _ pagl 23 ond choCk hili. . . . . . . ~ 33cl
{ ~ dlduc1lonl 110m Schldull A, lint 21. OR }
EnI11 ItandIId cIoductIon I/lOWf1 boIow 101 your filing 1..luI. Built you """,ked
the lilt bos on uno * 0111, go to pogl 23 to IInd yout ltondlld deduc:1lon.
1IIlI" " you c:hOCktd boX 330, yout ltandIId deduetlon IS %110.
;:...: I SlngIo-43.llOD I Monied flllnO jointly 01 Qullllylng w\dOWIorl-45,550
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,f,f~"!i! It you 11I1I marr111d Illlng S.parat.,y and your Spous.lll.. Form ., .....,' "I -: I ~ ~ '.'1...".,
t<~:~l"1040 and Itemlzee deductIons a.. a . 38 and check h.... ~ 180:' . . -: '. " . .
~llii"J.,f!1~ ~d~~ed!,~on shown ~"ow tor you~ tiling ~,. .!:!thtl:t~). :~~l;'.., .'.:.
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'''''0' d lines 248 and 24b. These are our totel cl'lldlta. ";-.,,., "240
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AdVance earned Income Credit a ments trom Form W'2. . '-. .'... . 28
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r..;';'b 1994 eatlmatlld tax payments and amount
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\ :3t" -..med '''Ilome QlId/t, " requlr.eq,. attach
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' These are our totar. ente. . . . . . . . iii> 28d
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-~~'jlt I/ne 27. 'ft,more thll.\1llne ~8d, subtraCt I/ne 28d from I/ne 27. 'Pi I~ .,:: '(~',L'.. .
~~the'lmOunt you owe, for detalla on !low to pay, InclUdIng W!1~Ho' '.', ~':'~
'. ";:-Wr1te on your payment, t!H page 52...."~ '~" . . "'~-.~.:.~'" ....32~
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to"" 4506
Request for Copy or Transcript of Tax Form
IR.v May lV911
... Read inlUuctlonl beforu completing thl' form.
... T pv or prlOt CIUD,1 . Ru UU5' may bu rUJoctud II tho 'arm 15 incompletu Dr ill. lbl..
OMU t-4u 154)O"2~
U.~tnMJfIl uf u. 1l1ia~"'~
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Note: Do not use thiS form to get tall account information. InslI!ad. SOli instrucllons bolow.
11 Narnu \hown on loa 101111 II a JOInt ruturn. enter the flumu st\own lirst 1b flrl' locl.I..curlty number on 'a. lorm or
D employ.r Id.nUficIUon number hUB inSlructlun!.)
:r"MtJ' R, '-'l,r..tfr 2/0-5'f-''Ij-~
2b Second loclll.ecurity numb., on tl. 101m
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Current name. addruss (including apt. room, or SUltu no" city. statu. and ZIP colJu
-Jba v1ne I.-J, f~, "yl/~I"" , 2.2.00 (?,'+nw /-J w 1, [/'/f fl'tIJ PLl? P ~ 17IJS
Address. (including apt., room. 01 SUlto no,), City, stale. and ZIP code shown on the last relurn filod if dlfleu,"t from line 3 '
4
5
II cupy 01 form or u tak return transcnpt is to be mailed to someone t!lse. onter the Ihnd party's nome and address
Ro~(r fill. IVla).., H.~'I 61'
II WI! cannot find a rocord of YOUl laX 'aIm I1no ,/ou want the payment refulldmJ to tho third party. chock hero
II namu In third party'S records dllh.!rs from lIne ld above. enter tllat nilmo hOlo (sou instructions) ..
Chock only one box to show what you want. Thme IS no charge for Items 80, b, ilnd c
. 0 Tall relurn transcript 01 form 1040 st.!llelt flied dUllng the current calendar yoar and the 3 pnor calendar years (see IOsUUCIlOnlt)
b 0 Vcnhcation of nonfding .
c 0 Formls) W.2 inlormation (sce instructions)
d Ii1 Copy of tax lorm and bll attachments (Incluolng Formls) W.2. scheciulcs. or other forms). The charge Is $23 for each period requested.
Note: If these copIes must be certified (or court or ddmlnls(fiJtlVo proceedings, sue Instructions and check hero. . ... 0
II this request Is to meet a requirement of one of the follOWing. check all boxes that apply
o Small Businoss AciminlsuatlOn 0 Dc artment 01 Eciucation 0 De lutment 01 Velerans Affairs 0 FinancliJllnstltutlOn
TI. 'orm number (Form 1040. 1040A, 941, elcl 12 Complele only if line Bd i. checked.
F6o"'Wl I 0 If 0 Amount due
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b Number of lux periods requestcci on line 11
c fatal cost. Multiply line 128 by line 12b.
Full paymenr mus' .ccomp.ny your reque,'. M,les check
or money Older p.y,bl. '0 "'nle",,' Revenue Ssm's."
23.00
Tax perlod(s) (year or pefioci encied dato), If mar" than lour, see
instructions
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Caution: BeloiC sigmng. mal(e SUfe all ifems afe complere and au.' (Ofm IS dated.
I cieclaru that I illn t!lther the luxpuyer who~u flumu 15 shown on hne I a Of 2u. Of ~I persun aulhorlZed 10 obtain tho tax Information roquesteci I iJlJJ
aware that based upon Ihis torm. lhe IRS Will release tho lax Inlormatlon rcquestcci 10 any party shown an line 5. The IRS has no control over what
that party cioe~ with the infOfmation
Telephone number of f~9ue'iter
7-/~-1'i 11'112. J- J"r-I]
Be'l time 10 cell ..,-
'/- 5" r'WI CoS. I,
TRY A TAX RETURN
TRANSCRIPT (see line
Ba instructions)
ciays to get a copy 01 a tax 10r01 or W. 'l
information. To avoid any cielay. bu sure to
furnish all the Information asked for on Form
4506.
Forms 1099.-11 you need OJ cOJJY 01 iJ f Ollll
1099. contacl Iho paYLlf Illhe paYL'f CiJnnOI
help you. call or vlsltlhe IRS to gel Form
1099 Informotlon
Tax Account Inlormation.-If you nel'd ,I
statement of your lax account ,llo.....'I1lJ .Ill)
later ch;:U19C~ that you or Iho IRS ltIt.1Ue lu 1I1~'
ougln:ll relurn, roquo~t lax uccount
Inlormation Tall account inlormatlon h"ll~
~ Signa re See InstructIons II other than laJtpayer. attach authQlIZDllon documenl
Please
Sign ~
, Tltlll II' hne la above I~ a COfpOUUtOn. pallnCf!l.hlp. estate. 01 tlusll
Here
~ Spouse s ').~nalult..
Dille
Dale
Instructions
Secrlon fe(etenCes iJre to the Internal
RUlJenUlJ Code
TIP: If you haci your lax form filleci III by iJ
paid pfepare,. chl.!ck first 10 !lot! It you can
gel a copy from thl! preparer This may save
you both limo and money
Purpose of Form.-U'ic FOIl1J 4506 to gt'l a
t.:1.l folufIl UJII\Cflpl. venflcfJtlon that you cilO
not 'lie a fecieroltOIl relurn. Forrn W.2
Inforrnatlon. or 0 copy 01 ,) tax lorm Allow 6
wecks alte' you hlu alaI lorm befofe you
feque!.t a cupy 0111 or a tran"icflpl For W.?
information. wait 13 month~ alter thu cnd of
tho year In whicllthu wagus were earnod For
example. willi until Fob f999 10 requost W.2
Information for wages earned in 1991
00 not U'ie thiS lorm to Il'qUUSI form\
1099 or ta... account mlorrnallon See ttli~
pilge lor dcUuls on hO.... tu gut tho'iu Itl.!rn~
Nato: Fo(m 4S0t,) "'u~t bl' fl'CtlH'l'U by We
fRS Wlth"l 60 ca/endJf dOlYS "ffl'( tile dJtl' you
SIgfWd anCl C1.lll'c1 till' (''qtll'''il
How Long Will It Tnku1-You can YUl it lax
return trJrl'iCllpl Of verification at nonflhny
.....thln 7 to 10 .....orkday') ilflt.!r Ihl.! IRS rCCCI'We~
iO.., ''-'l1ue'.:ot II CiJll lake up to 60 calendar
ICollf"'ut.'~1 Oil (.I.II..i
For Privacy Act and Paperwork Reduction Act Notlco. sue back of form.
COIl No 41121L
form 4506 IRl'V ~911
/.
,
,
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
.
JOANNE H. PAINTER,
Plaintiff
NO.: 94.4621
CIVIL ACTION--LA W
V5.
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NELLS FOOD STORES und
SV ANO ASCANI,
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..
..
Defendunts
JURY TIUAL DEMANDED' .
PRAECIPE
To the Prothonotlll')' ofCumberlund County, Pennsylvania:
I hereby withdraw and strike the following claims as set torth in the Plaintiff's
Complaint:
1. Paragraph 66 of the Complaint, in which a counsel fee of $5,000,00 was alleged
for defending plaintiff against the criminal charges brought by defendants. As plaintiff's counsel.
I have agreed to waive this tee and plaintiff will not be rcquired 10 pay for represcntation in the
criminal matter.
2. Paragraphs 79 and 80, found in Count IV. as to the claim that plaintiff sutfered a
medical or emotional condition as a result of delendallls' actions. Plaintiff did not consult a
health care provider concerning any conditions.
R~~l~E~
Attorney 10# 17143
Flower, Morgenthal, Flower & Lindsay, P.C.
II East High Street
Carlisle, P A 17013-3016
Telephom: (717) 243-5513
Attorneys for Plaintiff
/.
.
.
,
~ERTIFICATE OF SERVICE
. uJt.
I hereby certify that on the J -( day of July, 1998, I served a copy of the
attached PRAECIPE upon the following person, by first class mail, postage
prepaid, at Carlisle, Pennsylvania:
Michael B. Scheib, Esquire
110 South Northern Way
York, PA 17402-7602
Attorney for Defendants
Ro7!!:;,1!:.~
Attorney 10# 17143
Flower, Morgenthal, Flower & Lindsay, P.C.
11 East High Street
Carlisle, PA 17013-3016
Telephone (717) 243-5513
Attorneys for Plaintiff
,
. .
.
.
.
JOANNE H. PAINTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
NELLS FOOD STORES and
SVANO ASCANI,
Defendants
No. 94-4621 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of June, 1998, upon
consideration of Defendants' Motion for Sanctions Pursuant to
Pa, R,C,P. 4019 for Failure To Respond to Discovery and/or
comply with Judge Oler's Order Dated July 23, 1997, and pursuant
to an agreement of counsel reached in chambers of the
undersigned judge following a discovery conference held on this
date in which Plaintiff was represented by Roger M. Morgenthal,
Esquire, and Defendants were represented by Michael B, Scheib,
Esquire, it is ordered and directed as follows:
1, Within 20 days of the date of this order,
Plaintiff shall supply verified answers to Defendants'
interrogatories numbers 8, 9, 10, and 16, except to the extent
that the claim or claims made with respect to those
interrogatories are formally withdrawn on the record by
Plaintiff,
2. within 20 days of the date of this order,
Plaintiff shall supply documentary evidence to Defendants'
counsel that she has applied to the appropriate authorities to
receive copies of the documents requested in Defendants' request
for production of documents number 10. The items being referred
to in this paragraph are tax returns from 1990 through 1997.
3. In the event that either of the foregoing
paragraphs is not complied with on a timely basis by Plaintiff,
the Court will, upon motion, grant Defendants' request for
,
.
dismissal of this action.
.
.
.
The interrogatories and requests for production
of documents referred to in this order are attached hereto,
ROGER M. MORGENTHAL, ESQUIRE
11 East High Street
Carlisle, PA 17103
For the plaintiff
MICHAEL SCHEIB, ESQUIRE
110 South Northern Way
York, PA 17402-7602
For the Defendants
wcy
'rr-'~ Ir:' i"l ", "0\" ~"'-f ~.. . 'eO ~ ,.. ,. ,....
,....._ ......... I ' .~ , ..' . .. , .
In ....'i;~.!; '-I '/ I,";. ,":: I" -;. " " .' . ,
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This G~g,. ~l~i" ..i(/" ':: ~. i:-
( L. a ~~,., ., .J.,._
~ . 7J.1-,.a, ",.~__
I'rolllOIiUI:-liY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PAINTER
Vs.
NELL'S FOOD STORES, ET AL
NO. 944621
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 MICHAEL B SCHEIB, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 6/18/99 .
MICHAEL B SCHEIB, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
717-757-7602
ATTORNEY FOR DEFENDANT
INQUIRIBS SHOULD BB ADDRBSSBD TOz
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
File n: M252345-07
By: Jacqueline Mumper
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PAINTER
Vs.
NELL'S FOOD STORES, ET At
No. 944621
TO: ROGER MORGENTHAL, ESQ
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 0 5/27/99
MICHAEL B SCHEIB, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
ATTORNEY FOR DEFENDANT
INQUIRIBS SHOULD BB ADDRESSED TO 1
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jacqueline Mumper
Enc(s): Copy of subpoena(s)
Counsel return card
File #: M252345
i,
~'. "
,.
aMIHfElWl1I OF PlH6YLVANIA
auny OP aJtIlI1m.AY)
JOANNE PAINTER
VS.
NELL'S FOOD STORES, ET AL
94 4621
File No,
SUIlPOENA TO PAmll(:E Mr'I tENTS OR THI tm
FOR Dl!:tWICDy PlRSUANT TO RULE 4009:22
~POWER TEMP SVCS
(HIme of Perset1 01" t:nt ity) --
Within t~tl (20) days after service of this subpoena, you are OI"dered by the court to
Pl'OdJee the fOllOWing doc:unent" 01" things:
**SEE ATTACHED ADDENDUM**
at -- S INC 494-rr-DesIsS:lTON l)'!' t'nL.... l'A l:HJS
MEDICAL LEGAL REPRODUCTION {Addr}
You may deltver 01" mall legible copies of the doc:unents 01" Pl'OdJce things requested hI
this subpoena, together with the certificate of c:arpltance, to the party making th j,
request at the address I isted above. You have the riltlt to seek in advance the rea~.onab IE
cost of prll!)aring the copies 01" producing the things sought.
If you fall to produce the docunents 01" things required by this subpoena within t....enty
(20) days after its serv~ce, the party serving thl:; slilpoena may seek a court orde..
tXIll)elling you to oc:rrply with it.
THIS SlJllPOENA WAS ISSUED AT llE REQLeST a: llE FOLLQl/ING PERSON:
NA/oE :
Ml~nA~~ Q~n!I!, E3Q
AOORESS:
l10 S NORTHERN WAY
IUKI\ t'1\ 17 462
TELEPHONE: ("~) 335-3212
Slf'R&e CXlU'lT I D #
ATTORNEY FOR: DEFENDANT
DATE:_~.:I '( /'1l) 9
S of the Court
BY llE CXJU:lT:
~":':;'~~rerk' Civll Division
(\ "tl (} flt..PD...
~ ., Deputy
(Eft. 1/97)
ADDENDUM TO SUBPOENA
PAINTER
Vs.
NELL'S FOOD STORES, ET AL
No. 944621
CUSTODIAN OF RECORDS FOR: MANPOWER TEMP SVCS
ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS
REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS
AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY
W-2 WITHHOLDING TAX FORMS, AND hNY OTHER INFORMATION PERTAINING TO:
NAME: uOANNE PAINTER
ADDRESS: 2200 BRITTNER HWY SHIPPENSBURG PA
DATE OF BIRTH: 07/26/60
SSAN: 238171195
ALL RECORDS INCLUDING BUT NOT LIMITED TO PERSONNEL, PAYROLL,
JOB APPLICATIONS, ETC.
CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE
ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
County of: CUMBERLAND
MLR File #: M252345-01
<XMIHIElWl'H OP' PDHIYLVANIA
CDJNl'lC OF aJIBmWUI)
JOANNE PAINTER
VS,
NELL'S FOOD STORES, ET AL
I
I
I
94 462l
Fi Ie No,
SUBPOENA TO PAOOl.a: /YY'J tENTS OR THIIGS
FOR DI~Y PlJlSUANT TO Rll.E 4009.22
TO~ELLY SERVICES
(N8I1e of Person or Ent.ity)
Within tW<<lty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunentll or things:
-
**SEE ATTACHED ADDENDUM*.
t TONS INC 494Q DISSTON ST PHILA PA 19135
a MlmH!h!. l.ECAI. p1l'nRnn!TC'T
(Adclress)
You may deliver or mail legible copies of the docunents or produce things requested h,
this subpoena, together with the certificate of OCI11)liance, to the party making thiz
request at the adclress listed above. You have the right to seek in advance the rea~.onab IE
cost of prll!Jaring the copies or producing the things sought.
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its serv~ce, the party serving thb subpoena may seek a court orde;'
CCI1'pell 1ng you to c:crrply with it.
THIS SUBPOENA WAS ISSUED AT 1lE REQUEST a: 1lE FOLLONING PERSON:
~: MICHAEL SCHEIB, ESQ
AOORESS: "n !: NORTHERN WAY
YORK PA 17402
(%15) 33S 3212
TELEPHONE:
SU'R8'E ~T
ATTORNEY FOR:
10 ~Bi'dl'l'
DATE: 7/,1 h<J de;' /QQ'I
Sea. of tI'le Ccurt
BY 1lE CXlU'lT:
(ih>7u; R ~
Prothonotar I k, Civil Division
q.... C ivr,pe:.-
,
Deputy
(Eft. 7/97)
ADDENDUM TO SUBPOENA
PAINTER
Va.
NELL'S FOOD STORES, ET AL
No. 944621
CUSTODIAN OF RECORDS FOR: KELLY SERVICES
ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS
REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS
AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY
W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO:
NAME: JOANNE PAINTER
ADDRESS: 2200 BRITTNER HWY SHIPPENSBURG PA
DATE OF BIRTH: 07/26/60
SSAN: 238171195
ALL RECORDS INCLUDING BUT NOT LIMITED TO PERSONNEL, PAYROLL,
JOB APPLICATIONS, ETC.
CERTIFIED PHOTOCOpmS OF THE RECORDS WILL BE
ACCEPTED IN LmU OF YOUR PERSONAL APPEARANCE,
County of: CUMBERLAND
MLR File #: M252345-02
<XJMHfFALTH OP' PEtHM.VANIA
aumt' OF <DmEmJ\H)
94 462l
Fi Ie No,
JOANNE PAINTER
VS,
NELL'S FOOD STORES, ET AL
SIJIlPOENA TO PAt'I'lIJCE DOCl.JoENTs m TJ;l1~
Fm DI !:tWJr:qy ~SUANT TO ~E 4009. 2~
TOSTAPLES
(HIme of Perr.on or Entity)
Within twenty (20) days after service of this lIubpoena. you are ordered by the court to
PI'OCkIce the fOllOWing docunenh or things:
**SEE ATtA~HED ADDENDUM**
at M!DIC1d:. bESAI. REPROD"I"'l'InllI!': TNC 49412 DISSTON ST PHILA PA 19l35
(Address)
You may deliver or mail legible copies of the docunents or PI'OCkIce things requested h,
this subpoena, together with the certificate of OCl'/l)liance. to the party making thi:
request at the address listed above. You have the right to seek in advance the rea~.onab IE
cost of prll9aring the copies or producing the things sought.
I f you fail to Pt"Oduce the docunents or things required by this subJloel,a wlth;n t"'ent~
(20) days after its serv~ce, the party serving thi:; subpoena may seek a court OI'de..
tx:I'1llelling you to c:arply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON:
~: MICHAEL SCHEIB, ESQ
~ESS: l10 g NOPTu~AN wnv
YORK PA 17402
(21~) .:l.:l:>-..~U
TELEPHONE:
Sl-"REl'E exulT I D ..
U!!.tt ~NUAL(Y
ATTORNEY FOR:
DATE:
IrtLv ,;~ /999
Sea r of 'the Court
BY THE ~T:
(~'~~~~~7/cfe:k. Civil Division
_ ()v", fJ. fu..&O..,.
~ I Deputy
(Eff. 7/97)
"
ADDENDUM TO SUBPOENA
PAINTER
Vs.
NELL'S FOOD STORES, ET At
No. 944621
CUSTODIAN OF RECORDS FOR: STAPLES
ANY JOB APPLICATION BY JOANNE PAINTER AND/OR NOTES FOR ANY JOB
INTERVIEW.
PERTAINING TO:
NAME: JOANNE PAINTER
ADDRESS: 2200 BRITTNER HWY SHIPPENSBURG PA
DATE OF BIRTH: 07/26/60
SSAN: 238171195
CERTIFIED PHOTOCOpmS OF THE RECORDS WILL BE
ACCEPTED IN LmU OF YOUR PERSONAL APPEARANCE.
County of: CUMBERLAND
MLR File #: M252345-03
a:MIHIEAIl1'H OF PflHlYLV1\NIA
aumr OF <DGlImaW>
94 4621
Fi Ie No,
JOANNE PAINTER
VS,
NELL'S FOOD STORES, ET AL
Sl.JBPCENA TO PIlOOlX:E IYY't loAn'<<: OR TH I NI3S
FOR DI~DY IUlSUANT TO Rll.E 4009:22
TO:SPRINT
eN_ of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
PI"OCiJee the following cIocunentll or things:
**SEE ATTACHED ADDENDUM**
at ~CAl. Lir::!lIT, RIl!PROnUCTIONS INC 4940 DISSTON
(Address)
You may delfver or mail legible copies of the doeunents or PI"OCiJce things requested hI
this subpoena, together with the certificate of c:arplfance, to the party making thi~
request at the address Ifsted above. You have the right to seek in advance the rea~.onab IE
cost of Pr'll!Jaring the copies or producing the things sought.
ST PHlLA PA 19135
I f you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its serv~ce, the party serving thiG subpoena may seek a court orde;"
oc:rrpe 11 i ng you to c:arp I Y wi th it.
THIS SUBPOENA WAS ISSUED AT tHE REQUEST OF lHE FOlLCNlINCl PERSON:
~: MICHAEL SCHEIB, ESQ
AOORESS: "n !: NORTHERN WAY
YORK PA l7402
(21!l) 335 3212
TELEPHONE:
stfIREI"E ClOl-'lT I D lbSFElNtlNIT
ATTORNEY FOR:
DATE:
m:1 ,,)' /If'i?
Sea of the Court
BY lHE CXlURT:
r;,,-,,. fJ i3~.
Prothonotary I k, Civi I Division
~ a ')z.~",,: - Deputy
(Eff. 1/97)
.
ADDENDUM TO SUBPOENA
PAINTER
Va.
NELL'S FOOD STORES, ET AL
No. 944621
CUSTODIAN OF RECORDS FOR: SPRINT
ANY JOB APPLICATION BY JOANNE PAINTER AND/OR NOTES FOR ANY JOB
INTERVIEW.
PERTAINING TO:
NAME: JOANNE PAINTER
ADDRESS: 2200 BRITTNER HWY SHIPPENSBURG PA
DATE OF BIRTH: 07/26/60
SSAN: 238171195
CERTDnEDPHOTOCOpmSOFTHERECORDS~LLBE
ACCEPTED IN Lmu OF YOUR PERSONAL APPEARANCE.
County of: CUMBERLAND
MLR File #: M252345-04
CXMOlIIFAIl1'H OP' PPJHlYLVANIA
alJN1'Y OF ~
94 462l
Fi Ie No.
JOANNE PAINTER :
VS, AL
NELL'S FOOD STORES, ET
SUBPOENA TO PROCllX:E DOC1tENTS OR THI NC1S
FOR DISOOYERY ~SUANT TO RULE 4009.22
TOHECHANICSBURG POST OFFICE
(N_ of PllI'son or Entity)
Within twenty (20) days aftill' slll'vice of this subpoena, you are ordered by the court tc
proclrce the following cIocunenh or things:
.*SF.F. ATTACHED ADDENDUM.*
at tmDICIW !:lEGAl. REPRODTT"''l'TONS TNC 494Q DISSTON ST PHILA PA 19135
(Address)
You may deliver or mail legible copies of the docunents or procl.lce things requested h,
this subpoana, togethlll' with the clll'tificate of CXI'Il)liance, to the party making thiz
request at the address Ifsted above. You have the right to seek in advance the rea-.onab I E
cost of prll9aring the copies or producing the thin9s sought.
I f you fai I to produce the docunents or things required by this subpoena within t....enty
(20) days after its serv~ce, the party serving thi:; subpoena may seek a court orde;'
cx:zrpe 11 i ng you to CXI'Il) I y with it.
THIS SUBPOENA WAS ISSUED AT THE REQleST OF THE FOlLOIYING PERSON:
~: MICHAEL SCHEIB, ESQ
AOORESS: 110 S ..tnD'l'HRRIi.. WAY
YORK PA 17402
(-'.1:>) 33!l-3ZlZ
TELEPHONE:
SlJ'REJoE ocurr 'D ~!nl{DAN'i'
ATTORNEY FOR:
DATE:
~ :1'fi.999
Sea of e Court
BY THE <XlURT:
C,dJ.4 R. ~~~
Prothonol:aryj r k, Civi I Division
C)'''f' -'--- (] 1vt..1d'v
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
PAINTER
Vs.
NELL'S FOOD STORES, ET At
No. 944621
CUSTODIAN OF RECORDS FOR: MECHANlCSBURG POST OFFICE
ANY JOB APPLICATION BY JOANNE PAINTER AND/OR NOTES FOR ANY JOB
INTERVIEW.
PERTAINING TO:
NAME: JOANNE PAINTER
ADDRESS: 2200 BRITTNER HWY SHIPPENSBURG PA
DATE OF BIRTH: 07/26/60
SSAN: 238171195
CERTIFIED PHOTOCOPIES OF TIlE RECORDS WILL BE
ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE,
County of: CUMBERLAND
MLR File #: M252345-05
CXMOIIElWl'H or PPlHlYLVANIA
axJN1'l( OF <nmfm.I\R)
JOANNE PAINTER
VS,
NELL'S FOOD STORES, ET AL
94 462l
: File No,
:
SUBPOENA TO PIltY'llICE DQCUoENTs OR TH. NQS
FOR D'l:tY'M:RY ~SUANT TO IM..E 4009:22
TO:CARLISLE POST OFFICE
(HII11ll of PlII"son or Entity)
Within tW<<'lty (20) days aftlll" slII"vice of this Sllbpoena, you lI/"e ordered by the court to
PI"OdJce the following cloc:unenh or things:
..~F.E ATTACHED ADDENDUM..
at ~eM:. b8G1\.1. RiPR""nr""TnIll~ INC 494.9 DISSTON ST PHILA PA 19135
(Adclr-ess)
You may deliver or mail legible copies of the cloc:unents or produce things requested h,
this subpoeoa, togethlll" with the ClII"tificate of CXJl1)liance, to the PlI/"ty making thi!
request at the adclr-ess listed above. You have the right to seek in advance the rea~.onab IE
cost of prepll/"ing the COPies or producing the things sought.
I f you fai I to produce the docunents or things required by this subpoena within t",enty
(20) days after its serv~ce, the PlI/"ty serving thi:; subpoena may seek a court orde"
CXJl1)e 11 i ng you to CXJl1) I y wi th it.
THIS Sl.ePOEHA WAS ISSUED AT lliE REClU:ST OF lliE FOlLGWING PERSON:
~: MICHAEL SCHEIB, ESQ
AOORESS: 110 .. NnIlTHF.RN WAY
YORK PA 17402
(;tl~) .B~-32l:i:
TELEPH:lNE:
SlPRE/'E CXlUlT 10 to)!;! )!;NC1!NT
ATTORNEY FOR:
'-
DATE: ~.)I( /t:}q 7
S of file Court
BY lliE ~T:
~,,7,~' If~, - ~,
prothonot;;ili"'k, Civil Division
C)/.1. c. );1"~: . Deputy
(Eff. 7/97)
.'
ADDENDUM TO SUBPOENA
PAINTER
Vs.
NELL'S FOOD STORES, ET At
No. 944621
CUSTODIAN OF RECORDS FOR: CARLISLE POST OFFICE
ANY JOB APPLICATION BY JOANNE PAINTER AND/OR NOTES FOR ANY JOB
INTERVIEW.
PERTAINING TO:
NAME: JOANNE PAINTER
ADDRESS: 2200 BRITTNER HWY SHIPPENSBURG PA
DATE OF BIRTH: 07/26/60
SSAN: 238171195
CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE
ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
County of: CUMBERLAND
MLR File #: M252345-06
JOANNE
VS.
NELL'S
I
I
I
I
PAINTER I
I
FOOD STORES, ET AL I
,n. No.
94 4621
· --ll!No\ m - - NW'I-mI ell 'IN''''
,.. DI- ---r ...aun- 'ID ..., ~.~Z
COMMONWEALTH OF PENNA
TO. ~"'a."a' ("TUTT. !=:VC COMM
C..... of ....eon or Entity)
Wtthin tt...4.f C2O) daY8 after Mr'Ytce of thta .tI~CleI.. rau ... 01''' ed by the ClllIrt tc
Pl"OClIce the followtng doc:l.IM./tA or thingal
**SEE ATTACHED ADU~NUUMWW
at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHlLA PA 1913~
CAdet 1Ia)
You nay de1tvr or IIlItI legtble CIllPt.. of the doc~l\.a or ~ thi"" r~ted b
tht. .II:IIlClWlll. toeethIr with the crttficate of ~1tIflca. to the partv IllIktng thi
requeat at the M4.. Itated 1Ibcwe. You have the right to HIk in edvlflca the r..'IClnab1
coat of Pl"....tng the CIllPt.. or Pl"OC1Ictng the thtnga ~t.
" you fatl to PI"OCb:e the dOCUMhU or thtnga r..,tred by thia ..... =Ina wtthtn twent
(20) claya aft.. tta aarvice, the Pll"ty Ml"Ving thb ,"q,oeIl8 IllIY a.. . court Ot'd&
~lIing you to OCIIlI)IV with it.
lHlS $l~ WAS ISSUED AT THE IllEQIIEST OF THE ~UD FaSONI
NNEI MICHAEL SCHEIB, ESQ
~ss: 11 n ~ NORTHF.RN WAY
YORK PA 17402
\.H!l} J33-321Z
TUEJItOI! ,
URfo E CDl.RT ID '~!FENBIdIT
Al'T<::l.EY !"OR,
-
IMTEI
}~ ;I,; 199t}
Sea of the 00lrt
BY THE CIClURTI
f"rl~..; IP. ~:
Prothc:InotrY , Civtl Diviaion
(Jr-L- (;) ~
~y
crff. 7/97)
ADDENDUM TO SUBPOENA
PAINTER
Va.
NELL'S FOOD STORES, ET AL
No. 944621
CUSTODIAN OF RECORDS FOR : COMMONWEALTH OF PENNA
ANY JOB APPLICATION BY JOANNE PAINTER AND/OR NOTES FOR ANY JOB
INTERVIEW.
PERTAINING TO:
NAME: JOANNE PAINTER
ADDRESS: 2200 BRITTNER HWY SHIPPENSBURG PA
DATE OF BIRTH: 07/26/60
SSAN: 238171195
CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE
ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
County of: CUMBERLAND
MLR File #: M252345-07
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PAINTER
Vs.
NELL'S FOOD STORES, ET AL
NO. 944621
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 MICHAEL B SCHEIB, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s) .
Date:
9/16/99
MICHAEL B SCHEIB, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
717-757-7602
ATTORNEY FOR DEFENDANT
~
INQUIRIBS SHOULD BB ADDRBSSBD TO,
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Jacqueline Mumper
File 1/: M255600
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PAINTER
Vs.
NELL'S FOOD STORES, ET AL
No. 944621
TO: ROGER MORGENTHAL, ESQ
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 8/25/99
MICHAEL B SCHEIB, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
ATTORNEY FOR DEFENDANT
INQUIRIBS SHOULD BB ADDRBSSED TO.
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jacqueline Mumper
Enc(s): Copy of subpoena(s)
Counsel return card
File #: M255600
,,)
<XMIHfEALTH 0.. PmNSYLVANIA
QXJN1'Y OF aJMBmU\ND
PAINTER
Va.
NELL'S FOOD STORES, ET AL
944621
File No.
SUBPOENA TO PIlOlllX:E DOC:lJoENTS OR TH I NQS
FOR 0 I SCOVERY ~SUANT TO RULE 4009.22
ROSS DISTRIBUTION. 1707 SHE~ER DR. C~LISLE PA 17013
TO: ~TTN' PERSONNEL DEPT
(NIIne of PllI"son or Entitv)
Within twenty (20) days aftlll" slll"vice of this subpoena, you are ordered by the court to
produce the following doc:unentSEE ~~~CImD ADDENDUM
at
MEDICAL LEGAL REPR9DU~TI~N~, .~,\f~i.3~t ~~SST~,N "~~: ~ PHILA., PA
. . . ~. . . '. . . .~ "",
You may deliver or man"'Ie9ible"ci;pi~s"of the doCt.Iroents"'Or'Procllce things requested hI
this subpoena, together with the cer.tificate of. CC%Illliance, to the party making th"
request at the address listed above. You have the right' to seek in advance the rea~onab I~
cost of preparing the copies or. producing the things ~ought.
'; ,",'. - I' .- ~~'
I f you fai I to produce the docunents or things required by this subpoena within t....enty
(20) . days' after' its serv~ce:' ttllfparty: servin~rthiil' sUlip6ena:ini~' seek a court orde..
~lJing'you:to CQ11)I)I;with ,it....,. .';
THIS SU8POENA WAS ISSUED AT. THE REGlLeST OF TIE FOlLONING PERSON:"
NAI'E :
M.ll.:AA;;'L ;;hSC:M~IB: ESQ
AOORESS:
110 S NORTHERN WAY'. .,'"
". '.. - . , . 1: ~ "'!:: ,"
'0 " .
TELF.P\-Q':lE:. ..vnR.1( :. ,P1I: '1. 7~1l2" '.;:.;
. . '-', .. '-, . .... ',0/,.... ','
SU'~,El'E, cnm 10, 't:'.,.21~~J3~; j212~'
AT:TORNEY FORL. " .
,.'; . r ." .,'::. .,"1 ~,';l('" r;' .......ri'.:..:lV:-.
..:.' r. ' , ".!"'",' ~",:..; .' '":0'
: ":.:. '." '.. '.~: .'~~ . ,', '\ ~
", -,"....!
.. :'..
. ... .~.
.... .. i -, I , _ _,.
-- DEFr;~PAN~. ':, ".: .
.. . . . -',
'.
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..
BY THE'cnmi
. ~;~'~:r~~~~~k.;"
~ '. L
~. 0 ~44..~
Deputy
. ... ~.: ;. t'
:o:~.; --
,-..,. ,to
M25560'O'-in
DAlE':
02J./'19? .
. ;, -,
Civil Division
'.r- :'.. ~. . . .
Sea I of the Court.
....,.:..
. ~" -I.~ '_..
(Eff. 1/97)
..
" ',;.
. .
'.
....................**..***.**........................
* ADD END U M T 0 SUB P 0 E N A *
............***...**.....**...**..****................
PAINTER
Va.
NELL'S FOOD STORES, ET AL
No. 944621
CUSTODIAN OF RECORDS FOR: ROSS DISTRIBUTION
ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS
REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS
AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY
W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO:
NAME: JOANNE PAINTER
ADDRESS: 2200 BRITTNER HWY SHIPPENSBURG PA
DATE OF BIRTH: 07/26/60
SSAN: 238171195
*EMPLOYMENT FILED 1991-1992, INCLUDING WORKERS COMPENSATION
FILES.
CERTIFIED PHOTOCOPIES OF THE RECORDS WILL BE
ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
M255600-01
CUMBERLAND
..... to ~
Ir' e:
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:jDANN C
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In The Court of Cocmon Pleas of
}-.l C:.. LL >.
~~A-No
(J')D S Tllf'( ("
f\- ~ c 1\ N I
Cumberland County, ?ennsylvania
~o. 11- -; tf-~) Z- ( 19
C I 't I L IA-el/ C.N - LtA-W
,
OATH
We do solemnly swear (or affirm)
the Constitution of the United States
wealth and that we will discharge the
that we will support, obey and deiend
and the Co titut~on oi this Co~on-
duties f r oif;5e w. t fidelity.
) L/ Y
~;f;-:
AWARD
(or
We, the undersigned arbitrators, having been duly appointed and
affirmed), make the following award:
(Note: If damages for delay are awarqed, they shall be
separately stated.)
( Cl-:" '-1..+ -:) d ev--
sworn
6' (J..,vv d-
-il' u.) Cv.s.r:I-s
tAvll 'IJ
c.)~J:r c..~
o~ ~ C \.lL-d:,
~,; rtJ fI ?)S"" ~~. 00
/
lAA Lo "Jv-h .zc;m J
--,
d.....
!It-vur
I
applicable. )
(Inse t name if
'b 7 HC:lvTJ JIl.!: Ie,
- --
(uv.oT ..L.
Date of Hearing:
c., Iz.. 2/0 I
(j 1/
c., '2.2. G)
I ,
- j). 5$'~ 1/. TV
C,DI.M/'i JC
Date of Award:
NOTICE OF ENTRY OF AWARD
Now, the.(l.2,..,c.~ay oi-J~ , ~~, at C!a,., 12.:1.,
award was entered upon the docket and notice thereof given by ~il
parties or their attorneys.
the above
to the
..
Arbitrators' compensation to be
paid upon appeal:
$ .29{). ("')(")
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Date: 8'p,jOI
~M~
Roger M. Morgenthal. Esquire
Attorney for Plaintiff
FISHMAN & MORGENTHAL
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER. "
..
PlaintilT " CIVIL ACTION-LAW
"
"
"
vs. " NO. 94.4621 CIVIL TERM
"
"
"
NELLS FOOD STORES and "
SV ANO ASCANI, "
"
Defendants "
"
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please mark the above case as Settled, Discontinued and Satisfied so as to
terminate the action on all counts against both named Defendants.
IIMAINSERVER\I'UlIlItiru"<r\lillguliun\l'ru<dp< lu <,il<r ju~gll;<nl paint<r.~lI<
.. . .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOANNE H. PAINTER. "
Plaintiff " CIVIL ACTION-LA W
"
"
vs. " NO. 94-4621 CIVIL TERM
"
NELLS FOOD STORES and "
SV ANO ASCANI. "
Defendants "
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY. PENNSYLVANIA:
Please enter judgment in favor of Plaintiff on the Award of Arbitmtors dated June
22.2001. pursuant to Pa. Rule of Civil Procedure 1307(c); and assess damages against
the Defendants in the amount 01'$3.500.00 plus costs of suit. A copy of said Award is
attached hereto.
~o~~
Attorney for Plaintiff
FISHMAN & MORGENTHAL
95 Alexander Spring Road. Suite 3
Carlisle. PA 17013
(717) 249.6333
We, the undersigned arbitrators, having been duly appointed and sworn
affirmed). make the following award:
(Note: If damages for delay are awar~ed. they shall be
separately stated.)
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. In The Court of COClllon Pleas of
Cumberland County, ?ennsylvania
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NOTIC~ OF ENTRY OF AWARD
Nov, the.2.2...x:.aay of JU-<,..)'L.... , ~~, at L.!a,.. J:2.:I., the above \
award was entered upon the docket and notice thereof given by ~il to the
parties or their attorneys.
We do solemnlv swear (or affirm)
the Constitution of the United States
wealth and that we will discharge the
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Date of Hearing:
Date of Award:
Arbitrators' co~ensation to be
paid upon appeal:
$ 290. (',r,
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