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Home My WebLink About02-4992 RONALD SODER a/k/a RONALD L. SODER and ANN SODER a/k/a and ANN E. SODER 9 Amherst Drive Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. OJ.. 4 qq.2.. r:;.~{ ~_ v CIVIL ACTION - LAW AUBREY KEEFER a/k/a AUBREY JEAN KEEFER 5221 Stuart Drive Mechanicsburg, PA 17055 Defendant PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: KINDLY ISSUE A WRIT OF SUMMONS IN THE ABOVE-CAPTIONED ACTION ON BEHALF OF PLAINTIFFS AND AGAINST THE ANT. Ri ard C. Rupp, squire Supreme Court ID NO. 34832 RUPP & MEIKLE 355 N. 21 'I Street, Suite 205 Camp Hill, PA 17011 (717)761-3459 Attorney for Plaintiffs Date: October 15, 2002 ~ r ~ ~ t. j b\ "- ~ "" C) ..n <- w II CJ"\ U\ C ~ l f2 f})6~ tf~!If :-5;' . . ."."' "-'-::r ,-_. :.S' (. '" ~,~) .;~"! (:J I\) C) C') -., s,-;; - Commonwealth of Pennsylvania County of Cumberland Ronald Sader a/k/a Ronald L. Soler and Ann Sader a/k/a and Ann E. Sader 9 Amherst Drive Camp Hill, Pa. 17011 Court of Common Pleas VI. No. _Q~_-:.4.99LC:LY.i:L:r~_J;!!!_hh____ _h__l%____ Aubrey Keefer c/k/a Aubrey Jean Keefer 5221 Stuart Drive Mechanicsburg, Pa. 17055 In __<;:j..Y:.t!_ ~<<U9n. J'9~_______________________ To __ _Aubrey_ .Keefer:_aJ.kL<LAllbrey- _JeM_I$:~fer You are hereby notified that ROI)9J.q _ ~Q'!.~:r _ p. lJ,L 9_ -'~.Q!}9Aq_ ~ ~ _ _~gg~E _ ~Q. _ ~P_. ?_~~~_ _e:.Ll:: L~_ ~.d_ _~9_ _E:~ _ ?~EO~_ _ _ _ _ _ _ _ _ _ __ __ the Plaintiff h<rve commenced an action in C..bliLLawn__________n___________________h__U______ against you which you are required to defend or a default judgment may be entered against you. (SEAL) .--------a Date .QctDbeLli~_20.Q2__________ >l1l____ By _____________________________________________ Deputy C)W~:O , () 1.0 OJ ::u: ~ -..J ~ ~ h' IC) :S:<.n:J>:J> ..... , 1-'- ?l~&g. ~~g,~! -..J 'OZ Ef :<: 13 ,I-'- Ef.....'1'1 :1:' .,. a I..... g .....' -..J 1-" I ::I Ul.(!J.(!J ::r: ro 0.1 " '" .....N:s: ':J> 1-" \-1-11 I ~ ..... .............(1) (") 'n ()rtC-l~ 1--' m Cf)l I . Ul~' :..... J ~~mm ......rtcna: ~ ,I-'- . 8.' '1:lrt......~ '0 ~'1::1H1 '1j fi' (1) ~ 1 I > <.n OJ (1) '::I ..... (1) ~ s '" . Ul , lQ I ~ '1 OJ 1-'.11 I .....R" ~ 't""' . I:? ~ OJ ~ . <: OJ' 8' i~ (I) OJ........' -..J(1) '1:l ~.~.......... I-" .......... X'l -\! 0(1) tal , OJ (1):0:<" ......J x-........... I .......... Ul , . '1' o ..........0)1 ~ ...... ~ , OJ ..... Ol..........: , ..., , = ..... ..... gj :0: Ul ~- , -..J C I 0 0. g I , 1-" (1) , <.n I ..... , <.n OJ, I (1) , g .....' I I , 0.: ~ N , t""'1 0 , <.n , tal. I I , I . I I Ul Ul8. 8.(1) (1) '1 '1 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SODER RONALD AKA RONALD L ETAL VS KEFER AUBREY ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KEEFER AUBREY AKA AUBREY JEAN KEEFER the DEFENDANT , at 1936:00 HOURS, on the 23rd day of October 2002 at 5221 STUART DRIVE CAMP HILL, PA 17011 by handing to NANCY KEEFER, MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 .00 10.00 .00 35.59 ~.. _",p""/") ,.:c" ?... ->~:::::<'~" ':.'. ~/~ .\,-.--."~--t:1" R. Thomas Kline Sworn and Subscribed to before 10/24/2002 RUPP :yME'KL~ epu y Sheriff me this C. e::. day of ~~.. OL(}(;J2., A.D. ~. r: /K.'~" ~ othonotary . Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant RONALD SODER a/k/a RONALD 1. SODER and ANN SODER a/k!a ANN E. SODER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY: PENNSYLVANIA : CIVIL ACTION - LAW v. : 02-4992 Civil Term AUBREY KEEFER clk/a AUBREY JEAN KEEFER, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter the appearance of Benjamin D. Andreozzi, Esquire of Goldberg, Katzman and Shipman, P.C., as counsel for Defendant, Aubrey Keefer c/k/a Aubrey Jean Keefer, in the above-captioned action. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.e. By: J DATE: 105104.1 Benjamin D A reozzi, Esquire Attorney I. o. 89271 320 Marke treet P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ofthe foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 13- tA. day of /"'-\ ,.J ~ v\ t.( li ,; .( () , 2004, addressed to the following: Richard C. Rupp, Esquire Rupp & Meikle 355 N. 21" Street, Suite 205 Camp Hill, PA 17011 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By Benj . 'D. dr ozzi, Esquire Attorney I. D N . 89271 320 Market S et P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant l~ (') ~.~~ ....., ~:3 ...- '- ?~',; ..<l'_ .- -.. .,. o -n .~.-\ :t:-n [-:1;:,:;. -om :):J9 S:~(::J :::.::H <~~ (-0) .<:~ rn (<~ --.-, r:.;" ..:;:-- Benjamin D. Andreozzi, Esquire Attorney I. D. No. 8927] GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-416] Attorneys for Defendant RONALD SODER a!k!a RONALD 1. SODER and ANN SODER a!k!a ANN E. SODER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY: PENNSYL VANIA : CIVIL ACTION - LA W v. : 02-4992 Civil Tenn AUBREY KEEFER clk/a AUBREY lEAN KEEFER, Defendant : mRY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of service hereof or suffer judgment of non pros. DATE: January 13,2004 By Benjamin . . An oz~ Esquire Attorney LD. 8 271 P.O. Box 12 Harrisburg, 17108-1268 (717) 234-4161 Attorneys for Defendant TZMAN & SHIPMAN, P.e. :/ TO: RULE AND NOW, this l!:l!5day of. Complaint within twenty (20) days of the date of se 105099.] , 2004, you are hereby ordered to file a ce or suffer j gment of non pros. CERTIFICATE OF SERVICE I HEREBY CERTIFY that 1 served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harri~j;!J.irg, Pennsylvania, with first-class postage prepaid on the ! 7/1.., day of /: ~ _jijlAuav'1 ,2004, addressed to the following: ) Richard C. Rupp, Esquire Rupp & Meikle 355 N. 21" Street, Suite 205 Camp Hill, PA 17011 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.c. By //} t\ Benjamm D. Andre zzi, Esquire Attorney I. D. Np. 9271 320 Market Str~ P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant (1 (~-c~ r-> = ~=. <- :;:.,. :z ... .1:'- ~\', ~-n P'f"; -r)n. -;;.,0 t)~ () .~~ :C; '~~,\f?\ <:":"1 --: t' .1'- Benjamin D. Andreozzi, Esquire Attorney 1. D. No. 89271 GOWBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant RONALD SODER alk/a RONALD L. SODER and ANN SODER alk/a ANN E. SODER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY: PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 02-4992 CIVIL TERM AUBREY KEEFER c/k/a AUBREY JEAN KEEFER, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on January 14, 2004 and served on the date reflected in the attached Certificate of Service. GOLDBERG, KATZMAN & SHIPMAN, P.e. Benjamin D. dre zzi, Esquire Attorney I.D No 320 Market tr t P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 By: DATE: If') f;U-l IOS2S1.1 Attorneys for Defendant Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, pc. 320 Market Street P.O. Box 1268 Harrisbw-g, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant RONALD SODER a/k/a RONALD L. SODER and ANN SODER a/k/a ANN E. SODER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY: PENNSYL VANIA : CIVIL ACTION - LAW v. . NO. 02-4992 CIVIL TERM AUBREY KEEFER c/k/a AUBREY JEAN KEEFER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on January 14, 2004 upon counsel for Plaintiffs, by depositing same in the United States Mail at Harrisburg, Pennsylvania, with first- class postage prepaid on the / 5 tL day of . ~.r;;"I" <1 ~ '( , 2004, addressed to the following: / Richard C. Rupp, Esquire Rupp & Meikle 355 North 21"' Street Suite 205 Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: DATE: i jrJ )J.( dre i, Esquire . N . 9271 320 Market et P. O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at f .-/," "1 tt , . Harrisburg, Pennsylvania. with first-class postage prepaid on the / ' day of ,JQ"Uq,'[ J 2004, addressed to the following: Richard C. Rupp. Esquire Rupp & Meikle 355 North 21" Street Suite 205 Camp Hill, PA 1701 I Respectfully submitted. GOLDBERG, KATZMAN & SHIPMAN, P.c. By A / C-/ ~ :/ Benjamin D. dre zzi, Esquire Attorney 1../ . 89271 320 Market Street P.O. Box 1268 Harrisburg, P A 17 I 08- I 268 Telephone: (7 I 7) 234-4 I 6 I Attorneys for Defendant < ~ r:~:':;' -L- e_ :::~-. ::.{'-~ c) o -1'1 :':;J i'/-'_!7 r<..- _r"Jrr7 -{;eJ :-)r1. :i:;~~~1 ::')tl] ."':':> ........., ....) '~:.) .,t"-- <"'"l ~,< RONALD SODER and ANN SODER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA, Plaintiffs CIVIL ACTION - LAW v. NO. () :}- LjCfCj;;;l Cl U I L AUBREY KEEFER ., Defendants : JURY TRIAL DEMANDED NOTICE 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 WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 RONALD SODER and ANN SODER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA, Plaintiffs v. CIVIL ACTION - LAW NO. O~qqqc;;> l1lU!L AUBREY KEEFER ., Defendants : JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros detechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 RONALD SODER and ANN SODER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA, Plaintiffs CIVIL ACTION - LAW v. AUBREY KEEFER NO. 0 d -lj Cf qa C lU I L ., Defendants : JURY TRIAL DEMANDED COMPLAINT And now come Plaintiffs, by their attorneys, and file the following complaint. I. PARTIES 1. Ann Soder, Plaintiff, is an adult individual residing at 9 Amherst Drive" Camp Hill, Pennsylvania 17011. 2. Ronald Soder, Plaintiff, is an adult individual residing at 9 Amherst Drive, Camp Hill" Pennsylvania 17011. 3. Aubrey Keefer, Defendant. IS an adult individual residing at 5221 Stuart Drive, Mechanicsburg, P A 17055. II. FACTS 4. On or about October 17, 2000 at approximately 3 :00 p.m. Plaintiff Ann Soder was operating her motor vehicle traveling west on Lowther Road in Lower Allen Township, Cumberland County, Pennsylvania, where Plaintiff Ann Soder had a green traffic signal for crossing Carlisle Road. 5. While Plaintiff Ann Soder was operating her vehicle and crossing Carlisle Road, Defendant Aubrey Keefer, operating her motor vehicle, traveling north on Carlisle Road from Cedar Cliff High School, disregarded the traffic signal, which was red for her and proceeded through the traffic signal, colliding with Plaintiff Ann Soder's vehicle. 6. As a result of the actions or conduct of Defendant Aubrey Keefer, the vehicle operated by Defendant Aubrey Keefer did collide, strike and hit the vehicle operated by Plaintiff Ann Soder. 7. As a direct result of being struck by Defendant Aubrey Keefer's vehicle, Plaintiff Ann Soder sustained various injuries and damages. COUNT I - NEGLIGENCE 8. Plaintiffs incorporate all paragraphs stated in Plaintiff's Complaints though fully set forth herein by reference. 9. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to keep her vehicle under control while operating her vehicle. 10. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to operate her vehicle in a safe and prudent manner. 11. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to keep a constant or vigilant look out with respect to other traffic including Plaintiff Ann Soder's vehicle. 12. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to maintain proper and adequate control of her vehicle. 13. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to maintain her vehicle at a safe speed. 14. Defendant Aubrey Keefer failed to be properly and continuously alert to all other vehicles or traffic or hazards on the road. 15. At all relevant times to this Complaint, Defendant Aubrey Keefer operated her vehicle negligently and carelessly. 16. At all relevant times, Defendant disregarded and violated a traffic control device and Defendant Aubrey Keefer caused her vehicle to collide with and strike and hit the vehicle operated by Plaintiff Ann Soder. 17. As a direct and proximate result of any or a combination thereof of the aforesaid acts of negligence of Defendant Aubrey Keefer, Plaintiff Ann Soder suffered injuries and damages and Defendant is liable to Plaintiff Ann Soder for the following injuries and damages suffered by Plaintiff: a. Plaintiff's pain and suffering and emotional upset; b. Plaintiffs' financial damages as a result of this accident; c. Plaintiffs' loss of enjoyment of life and life's pleasures as a result of this accident. d. Plaintiff's physical injuries including but not limited to soft tissue injuries and/or neurological injuries to her neck, shoulder, back, spine, ann, hip, leg and her side, and Plaintiff has suffered disabling pain, chronic pain and numbness from the injuries. WHEREFORE, Plaintiffs demand judgment against Defendant Aubrey Keefer for a sum in excess of $25,000 Plus interest and cost of this suit which sum is in excess of the jurisdictional amount requiring referral to arbitration by local court rules. COUNT II - LOSS OF CONSORTIUM 18. Plaintiffs incorporate all paragraphs dated in Plaintiffs' Complaints as though fully set forth herein at length. 19. As a result of the Defendants aforesaid negligent acts or conduct, Plaintiff Ronald Soder lost his wife Ann Soder's services to him as his spouse. 20. Plaintiff Ronald Soder has suffered damages by reason of the aforesaid loss of consortium. in excess of$25,000 Plus interest and cost of this suit which sum is in excess of the jurisdictional amount requiring referral to arbitration by local court rules. B R PP & MEIKL Richard C. Rupp, Esquire Attorney for Plaintiffs I.D. No. 34832 355 N. 21st Street, Suite 205 Camp Hill, PA 17011 (717)761-3469 VERIFICATION I, Ann Soder, verifY that the statements in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. * 4904 relating to unsworn falsification to authorities. d~kGU ANN SODER, Plaintiff Date: '92.,7)'.,..,2.5 2c>00 VERIFICATION I, Ronald Soder, verifY that the statements in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. * 4904 relating to unsworn falsification to authorities. ~~~k~ RONALD SODER, Plaintiff Date: /;;/ z~/b "3 CERTIFICATE OF SERVICE AND NOW, this J.,..I day of February, 2004, I hereby certif'y that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. P. O. Box 1268 Harrisburg, P A 17108-1268 .~ \Ri h"" C. Rupp, &qwre Q ,-- -c~~ S~;i'-"': 7'; (j:') , -",' . ~C:J ~C) '0';';' (") -c -;' ~ -< ..... = = J:" -., ,,, OJ I '" " :J/: ~ '" ..... ~ ~:!J ~; 15:;" -~ ~ ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. --------------------------------------------------------..------------------------------ CAPTION OF CASE (entire caption must be stated in full) RONALD SODER a/k/a RONALD L. SODER and ANN SODER a/k/a ANN E. SODER (Plaintiff) vs. AUBREY KEEFER a/k/ a AUBREY JEAN KEEFER (~ferrlant ) No. 02-4992 Civi..1 1. State matter to be argued (i.e., plaintiff's IOOtion for new trial, deferrlant's daru=er to canplaint, etc.): Defendant's Preliminary Objections Pursuant to F'a.R.C.P. 1028 2. Identify counsel who will argue case: (a) for plaintiff: Address : Richard Rupp, Esquire 355 N. 21st Street, Suite 205 Camp Hill. PA 17011 (b) for deferrlant: !\ddress: Benjamin D. Andreozzi, Esquire PO Box 1268 Harrisburg, PA 17108-1268 3. I will notify all parties in writing within two clays that this case has been listed for argurent. 4. Argunent Court Date: Next available term rated: 6/30/04 /7 C . fo t;;1ant ;c,. ....> \:::::1 tc;..::J .r.- <- c: ,-'" ,,:.::' _oj -, 1'-) o -/j .-, rft fl) ...-1,,-1 ,flY ':~~ ~~-~ ;;::~f>i :~;: l'> N .>~ .-< RON SODER and ANN SODER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW AUBREY KEEFER, Defendant NO. 02-4992 CIVIL TERM IN RE: DEFENDANT'S PRAECIPE LISTING CASE FOR ARGUMENT BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this 29th day of July, 2004, upon consideration of Defendant's Praecipe for Listing Case for Argument, following oral argument held on July 28, 2004, and it appearing from a review of the record that the preliminary objections argued had not been filed of record, and following a telephone confenence with counsel in the person of Richard C. Rupp, Esq., on behalf of Plaintiffs, and Benjamin D. Andreozzi, Esq., on behalf of Defendant, and pursuant to an agreement of counsel which anticipates the filing of an amended complaint by Plaintiffs, the Praecipe for Listing Case for Argument is stricken. BY THE COURT, (' ~- Richard C. Rupp, Esq. Suite 205 355 N. 21st Street Camp Hill, PA 17011 Attorney for Plaintiffs l~ l/)()-oy ]lW / . \;'\;'\j,..jfi,l),\(;)\1,~ ,Fld lJ..N;-fC) ry: >r-:':~~C;r\v\n8 '10 :\\ HIJ ot: lnrtlUfiZ AI:Ni.ONO\-IlOod 3\11. :10 3;)\:J:\Q-(l3l\:\ Benjamin D. Andreozzi, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant :rc RONALD SODER and ANN SODER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA, Plaintiffs v. CIVIL ACTION - LAW NO. 0';.- L/99.:t QCJ~t...~EA.:r[ AUBREY KEEFER Defendants : JURY TRIAL DiEMANDED NOTICE 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 o~iIer 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 WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 RONALD SODER and ANN SODER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYL VANIA, Plaintiffs CIVIL ACTION - LAW v. NO. AUBREY KEEFER ., Defendants : JURY TRIAL DEMANDED NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros detechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE J)E PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 RONALD SODER and ANN SODER : IN THE COURT OF COMMON PLEAS :CUMBERLANI> COUNTY, PENNSYL VANIA, Plaintiffs CIVIL ACTION - LAW v. NO. AUBREY KEEFER ., Defendants : JURY TRIAL DEMANDED AMENDED COMPLAINT And now come Plaintiffs, by their attorneys, and file the t:ollowing complaint. I. PARTIES I. Ann Soder, Plaintiff. is an adult individual residing at 9 Amherst Drive" Camp Hill, Pennsylvania 17011. 2. Ronald Soder, Plaintiff, is an adult individual residing at 9 Amherst Drive, Camp Hill" Pennsylvania 17011. 3. Aubrey Keefer, Defendant, IS an adult individual re:siding at 5221 Stuart Drive, Mechanicsburg, P A 17055. II. FACTS 4. On or about October 17, 2000 at approximately 3 :00 p.m. Plaintiff Ann Soder was operating her motor vehicle traveling west on Lowther Road in Lower Allen Township, Cumberland County, Pennsylvania, where Plaintiff Ann Soder had a green traffic signal for crossing Carlisle Road. 5. While Plaintiff Ann Soder was operating her vehicle and crossing Carlisle Road, Defendant Aubrey Keefer, operating her motor vehicle, traveling north on Carlisle Road from Cedar Cliff High School, disregarded the traffic signal, which was red for her and proceeded through the traffic signal, colliding with Plaintiff Ann Soder's vehicle. 6. As a result of the actions or conduct of Defendant Aubrey Keefer, the vehicle operated by Defendant Aubrey Keefer did collide, strike and hit the vehicle operated by Plaintiff Ann Soder. 7. As a direct result of being struck by Defendant Aubrey KelJfer' s vehicle, Plaintiff Ann Soder sustained various injuries and damages. COUNT I - NEGLIGENCE 8. Plaintiffs incorporate all paragraphs stated in Plaintiffs Complaints though fully set forth herein by reference. 9. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to keep her vehicle under control while operating her vehicle. 10. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to keep a constant or vigilant look out with respect to other traffic including Plaintiff Ann Soder's vehicle. 11. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to maintain proper and adequate control of her vehicle. 12. At all relevant times to this Complaint, Defendant Aubrey Keefer failed to maintain her vehicle at a safe speed. 13. Defendant Aubrey Keefer failed to be properly and continuously alert to all other vehicles or traffic or hazards on the road. 14. At all relevant times, Defendant disregarded and violated a traffic control device and Defendant Aubrey Keefer caused her vehicle to collide with and strike and hit the vehicle operated by Plaintiff Ann Soder. 15. For the above reasons, at all relevant times to this Complaint, Defendant Aubrey Keefer operated her vehicle negligently and carelessly. 16. As a direct and proximate result of any or a combination thereof of the aforesaid acts of negligence of Defendant Aubrey Keefer, Plaintiff Ann Soder suffered injuries and damages and Defendant is liable to Plaintiff Ann Soder for the following injuries and damages suffered by Plaintiff: a. Plaintiffs pain and suffering and emotional upset; b. Plaintiffs' financial damages as a result of this accident which were Plaintiffs' out-of-pocket medical expenst:s, such as non-prescription pain relievers and massage therapy treatments and Plaintiffs' gym membership; c. Plaintiffs' loss of enjoyment of life and life's pleasures as a result of this accident. d. Plaintiffs physical injuries including but not limited to soft tissue injuries and/or neurological injuries to her neck, shoulder, back, spine, arm, hip, leg and her side, and Plaintiff has suffered disabling pain, chronic pain and numbness from the injuries. WHEREFORE, Plaintiffs demand judgment against Defendant Aubrey Keefer for a sum in excess of $25,000 Plus interest and cost of this suit which sum is in excess of the jurisdictional amount requiring referral to arbitration by local court rules. COUNT 11- LOSS OF CONSORTIUM 17. Plaintiffs incorporate all paragraphs dated in Plaintiffs' Complaints as though fully set forth herein at length. 18. As a result of the Defendants aforesaid negligent acts or wnduct, Plaintiff Ronald Soder lost his wife Ann Soder's services to him as his spouse. 19. Plaintiff Ronald Soder has suffered damages by reason of the aforesaid loss of consortium. WHEREFORE, Plaintiffs demand judgment against Defendant Aubrey Keefer for a sum in excess of $25,000 Plus interest and cost of this suit which sum is in excess ofthe jurisdictional amount requiring referral to arbitration by local court rules. Respectfully submitted, By: ~ RUPP & MEIKLE Richard C. Rupp, Esquire Attorney for Plaintiffs LD. No. 34832 355 N. 21st Street, Suite 205 Camp Hill, P A 17011 (717) 761-3469 VERIFICATION I, Ann Soder, verify that the statements in the foregoing Complaint are true and correct to the best of my knowledge. information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. * 4904 relating to unsworn falsification to authorities. ~-~ ANN SODER, Plaintiff Date: 4r-. /'1 ;2.vo<-l VERIFICATION I, Ronald Soder, verify that the statements in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. * 4904 relating to unsworn falsification to authorities. ~P&-- RONALD SODER, Plaintiff Date: '1//1./0 cr- t / CERTIFICATE OF SERVICE AND NOW, this I~ day of September, 2004, I hereby certify that I have served a copy of the within document on the following by d,epositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 Richard C. Rupp, Esquire (/2 Benjamin D. Andreozzi, Esquire GOLDBERG KATZMAN, P.e. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attomeys for Defendant RONALD SODER a/k/a RONALD L. SODER and ANN SODER a/k/a ANN E. SODER, : IN mE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 02-4992 AUBREY KEEFER a/k/a AUBREY JEAN KEEFER, Defendant : JURY TRIAL DEMANDED ANSWER WITH NEW MATTB~ OF EWfENDANT TO PLAINTIFFS' AMENDE.D COMPLAINT AND NOW, comes the Defendant, by and through her counsel, Goldberg, Katzman and Shipman, P.c., who ftles the following Answer averring: I. Parties 1. Admitted. 2. Admitted. 3. Admitted. II. Facts 4. Denied. After reasonable investigation, Deft:ndant is without information sufficient to form a belief as to the truth of the averments contained in paragraph 4 and the same are therefore denied. 5. Denied. The averments contained in paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in panlgraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averments contained in paragraph 7 and the same are therefore denied. COUNT I Neeli~nce 8. Defendant incorporates paragraphs 1 through 7 of this Answer as if set forth at length. 9. Denied. The averments contained in parllg1raph 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph 10 are conclusions oflaw and fact to which no response is required. 2 11. Denied. The averments contained in paragraph 11 are conclusions ofIaw and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 12. Denied. The averments contained in paragraph 12 are conclusions oflaw and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 13. Denied. The averments contained in paragraph 13 are conclusions ofIaw and fact to which no response is required. If a respons,~ is deemed to be required, the averments contained therein are specifically denied. 14. Denied. The averments contained in paragraph 14 are conclusions ofIaw and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 15. Denied. The averments contained in paragraph 15 are conclusions ofIaw and fact to which no response is necessary. 16. Denied. The averments contained in patagrll~ph 16 are conclusions of law and fact to which no response is necessary. \VHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Count I of Plaintiffs' Amended Complaint, with prejudice, and enter judgment in favor of Defendant. 3 COUNT II Loss of Consortium 17. Defendant incorporates paragraphs 1 through 16 of this Answer as though fully set forth at length herein. 18. Denied. This paragraph states conclusions ofIaw to which no response is necessary. 19. Denied. This paragraph states conclusions ofIaw to which no response in necessary. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Count II of Plaintiffs' Amended Complaint, with prejudice, and enter judgment in favor of Defendant. NEW MATTER By way of additional answer and reply, Defendant raises the following new matter. 20. Defendant incorporates paragraphs 1 through 19 of its Answer by reference as though fully set forth at length herein. 21. Some or all of Plaintiffs' claims or causes of action are barred by the applicable statue ofIimitations. 22. Some or all of Plaintiffs' claims are barred in whole or in part and/or have limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. ~1701, et seq. 4 23. Plaintiffs elected limited tort insurance coverage and are precluded from recovery for certain damages alleged herein. 24. To the extent that the Plaintiffs have been paid for any damages, claims for such damages are barred by the defense of payment. 24. The Plaintiffs' claims are barred in whole or in part and/or are limited by the Pennsylvania Comparative Negligence Law and/or by the doctrine of comparative/contributory negligence. By: GOLDBERG KATZMAN, P.e. ,/) ~, /7/ //~. / (> /> Benjamin D. And eozzi, Esquire Attorney I. D. N . 892 P. 0. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for D,~fendant Date: tD-(Lf--00' 11l637U 5 VERIFICATION I, Aubrey Keefer, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. I understand that any false statements herein are made subject to penalties Date: /O/3/o~ ~~J Aubrey Keefe~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer to Plaintiffs' Complaint upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Richard e. Rupp, Esquire Rupp & Meikle 355 N. 21" Street, Suite 205 Camp Hill, P A 17011 GOLDBERG KATZMAN, P.e. By BrojiD~~&~ Date: IO--j4---oLf -'- ...- r) , C,) '" <:.'.::.1 C:".., -I':;:::" C~) C) -q C) --~..: c) RONALD SODER a/k/a RONALD L. SODER and ANN SODER a/k/a ANN E, SODER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA . : CIVIL ACTION - LAW Plaintiffs . : NO. 02-4992 v. AUBREY KEEFER a/k/a AUBREY JEAN KEEFER, . : JURY TRIAL DEMANDED Defendant REPLY TO NEW MATTER By way of reply, Plaintiffs reply to Defendants' New Matter as follows: 20. No answer is due as Defendant makes no new averments. In the alternative if an answer is due it is denied. To the contrary Plaintiffs incorporate their Complaint as if set forth in full. 21. Defendant states a legal conclusion and no answer is required. 22. Defendant states a legal conclusion and no answer is required. 23. Defendant states a legal conclusion and no answer is required. In the Alternative, Defendant's averments are denied. To the contrary, Plaintiffs' Insurance policy at the time of this accident was "full tort." 24. Defendant states a legal conclusion and no answer is required. 24. (Duplicate) Defendant states a legal conclusion and no answer is required. By: i ar C. Rupp, Esqu. Attorney I.D.No. 348 355 N. 21st Street, Suite 205 Camp Hill, PA 17011 Telephone: (717) 761-3459 Attorneys for Plaintiffs DO'.'3/ ~~~ VERIFICATION We, Ronald L. Soder and Ann E. Soder, hereby acknowledge that we have read the foregoing document and that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~/~ RONALD L. SODER a_/~ ANN E. SODER . --- DATE: 3/.3/06 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Plaintiffs' Reply to New Matter upon all parties or counsel of record, by depositing a copy of same in the United States Mail at Camp Hill, Pennsylvania, with first-class postage, prepaid, addressed to the following: Benjamin D. Andreozzi, Esquire Goldberg & Katzman, P. C. P. O. Box 1268 Harrisburg, PA 17108-1268 By: DATE: J;/~/6rr ,. , ....1 .;j ., (,", Thomas E. Brenner, Esquire Goldberg Katzman, P.c. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney LD. No. 32085 (117) 234-4161 Attorneys fOT Defendant RONALD SODER a/k/a RONALD L. SODER and ANN SODER a/k/a ANN E. SODER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiffs : CIVIL ACTION -LAW v. : NO. 02-4992 AUBREY KEEFER a/k/a AUBREY JEAN KEEFER, Defendant : JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR DISCOVERY SANCTIONS PURSUANT TO PA. R.C.P. 4019 AND NOW, comes Defendant Keefer, by her attorneys, Goldberg Katzman, P.e., who state: 1. On or about February 16, 2005, Defendant served Plaintiffs with a Request for Production of Documents and Interrogatories. (See Exhibit "A"). 2. As Plaintiffs failed to respond to Defendant's discovery requests, on or about March 23, 2005, Defendant Defendant sent correspondence to Plaintiffs requesting answers to said discovery. (See Exhibit ''B''). 3. On or about April 1, 2005, Plaintiffs requested an extension of time in which to ftle the production of documents. (See Exhibit "C"). 4. On or about April 7, 2005, Defendant granted Plaintiffs' request for an additional 30 days. (See Exhibit "D"). 5. On or about May 23, 2005, Defendant still has not received Plaintiffs' answers to the discovery requests. Accordingly Defendant once again requested answers to discovery within 10 days. (See Exhibit ''E''). 6. As of the date of this writing, Defendant still has not received answers to the discovery requests. WHEREFORE, Defendant respectfully requests this Court grant her request for sanctions by entering an Order compelling Plaintiffs to pay all costs of court including counsel fees for representation of Defendant Keefer in this procedure to force Plaintiff to respond to discovery, including preparation and filing of the Motion for Sanctions and preparation and attendance at any Court proceedings on this issue. Plaintiffs should be compelled to produce answer to interrogatories and requests for production of documents within 10 days from the court order and any other sanction the Court may deem appropriate, including dismissal of this action. GOLJ~L'PC BY: Date: September 9, 2005 T . renner, Esquire ID#: 32085 Carly]. Wismer, Esquire ID #92598 PO Box 1268 Harris burg, P A 17108-1268 (717) 234-4161 Attorney for Defendant Arth m L Go!dberg ril)51-2!iI){)i Hell"!"V B. Goldberg . J%J-Il.)L).'1) ROI1i.lJd i\L Katzm,111 P,lul J. Esposito !"ieil Hendershot J. Jay Cooper Thomas E. Bren !let" ,-',",pril L Strcmg-KutJY Guy H. Brooks Jerry J. Russo ;\lidldel ]. Crocenzi Thomas ]. TNebe!" Stev(:~n E. Grubb inhn DeLorem:o i?.oyce L Morris D,wid hI. Steckd Ht\lther L. Paterno Benj;:rniJi D. }..ndreoai Oltll\IS!;J. Joshua D. Lock f~rnG!d E. j<ug;m 320 n (Joldbent Ll KatZ111an A fuI1-servicc: law firm. February 16, 2005 Richard C. Rupp, Esquire Rupp & Meikle 355 North 21" Street, Suite 205 Camp Hill, P A 17011 Re: Ronald Soder a/k/ a Ronald L. Soder and Ann Soder a/k/ a Ann E. Soder v. Aubrey Keefer c/k/a Aubrey Jean Keefer Dear Mr. Rupp: Enclosed please ftnd Defendant's Request for Production of Documents and Interrogatories for answer by your clients. ~~/ Benjamin D. Andreozzi BDA:ar Enclosures cc: Debra A. Kos,LPCS,AIC (Claim No.: 010170518460) (w/out end.) 105253.6 1.='6,(; F/. t.-' .';' ((j,'?? Benjamin D. Andreozz~ Esquire GOWBERG KATZMAN, P.C P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant RONALD SODER a/k/a RONALD L. SODER and ANN SODER a/k/ a ANN E. SODER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiffs : CIVIL ACTION -LAW v. : NO. 02-4992 AUBREY KEEFER a/k/a AUBREY JEAN KEEFER, Defendant : JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES TO BE ANSWERED BY PLAINTIFFS TO: Ronald Soder and Ann Soder c/o Richard C. Rupp, Esquire Rupp & Meikle 355 N. 21 st Street, Suite 205 Camp Hill, PA 17011 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et seq. to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. DEFINITIONS AND INSTRUCTIONS (1) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (2) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (a) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape l:ecording, etc.); (b) Its date (or if it bears no date, the date when it was prepared); (c) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (d) The name, address, employer and position of the person, if any, to whom the document was sent; (e) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (f) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (g) A brief statement of the subject matter of such document. (3) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (a) The means of communication (e.g., telephone, personal conversation, etc.); (b) Where it took place; (c) Its date; (d) The names, addresses, employers and positions (1) of all persons who participated in the communication; and (2) of all other persons who were present during or who overheard that communication; (e) The substance of who said what to whom and the order in which it was said; and (f) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (4) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (5) Whenever you are asked to "identify" a person, the following information should be given: (a) The name, present address and present employer and position of the person; and (b) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding 0"" 10"""",tori" baVO wn ptopounded fot ",,,,,, ",d ''''''",,0 b< d-W to (6) Tht _ "yo~' ,b"" bt d"",,,d to ""'" '"" "f" to tht portY to ",hoto " . t ternent ~bether ora\., ",d/ ot "",tth" that p"'oo "" 11""" ~ ,> a narote 0' "'1 ,ueh =''''''' ot otht_t, and ~ ,0, the tl e ,n of ptOct""",,, the "'"" of tht "".nooy, ",heth" yOU ba"e >coV1 t tht """cript th_f, tht """" of tht p_o to ",hoto th, ,,,,t""""t ",,, givto. ",ht" tht ,,,,,,,,,tot ~ P""ooy Ioc>"a tf =''''" ot othe"""t ua",cribtd, ",d the p<<"ot lo",rioo of ,ucb transcript ot statement if not in yOU! possession. "f" w, but ,"'" ODt b< JUni"d to, yo'" artOtoe)'" _ul='" ,"'tU", ;ndemnito'" ,","''''' inV"tigato"', ",d ",y oth" agen" ""of"" 0" ",,""" "'IU""" bt,,"," not priv1leged. rJl The """cd "'ncident' ,h"" bt dt_d to ='" ",d "f" to tht ;ncident " Th"t In="",tori" ,"'" bt d_ed to bt continuing lnt_",.wri'" B"""" ,)kge<l to b>ve oc=d and " "t fo"" 'n yo'" CocnpWot tht ""'t of yo'" ,"",en; to ,,",, In_",.tori" and tht "",e of """ ~ yOU ot ",yont aecin% '" yo'" b<b>lf1e=' the ,denuty ot "",,,,,,bou'" of oth" witoe"" not ""clo,ed '" yo'" ","""" ot if you ob,,", ot 1_ of addiuon'! ;nfo_uon t,"u""d b,,6n, but not ,upplitd '" yo'" ""wet', then yOU ,"'" pto,"POY """"h a ;uppl=w an",e' undet oath containing the same. l~1'ERROG1\.1'OWES b. ~ h yoU . h OU h'3:ve used ot by ~ c a ",b 0,",".- """ , a "'" 0"'''' ,a-' "'{ o\l! b"'" .~:, '"'" .",eO' """"'':.~'';:~~:"'' .", f'" (51 ",." ha"\Te een""'. bi h "oU ha"\Te llal.ll.l\'u-w!:> and I'etlod ot tesidence ~ c ] . _, c ,,";K1 n\).!l:l-bet", ?J}d 'i 0'" So"'" o<,~., . c; attlage te\atlons.....ol' d th lnc\usl"\Te dates ot yout W ~llSO-e ot a\l sl'ouses an e as to each sl'ouse nllSO-ed. ~. '\. su.te'. a. c. p.,.~s'$ER: Education: 2. State the name and address of each school, college or other educational facility which you have attended, listing the dates of attendance and courses of study, including all professional, trade, on-the-job, or any other specialized training which you have received. ANSWER: Support: 3. State the names, addresses, relationships and ages of all persons dependent upon you for support or maintenance, or to whom you contributed support or maintenance, at the time of the incident referred to in your Complaint, listing for each such person the nature and amount of such support or maintenance paid or contributed in the year preceding the incident referred to in your Complaint. ANSWER: Employment: 4. State for each employment position held during the five-year period prior to the incident referred to in your Complaint, and since the time of the incident referred to in your Complaint: a. The name and address of your employer; the period of employment; position held and nature of work being pe:rformed; and the name of your immediate supervisor. b. Hours worked per week; and your weekly gross and net income. ANSWER: ~: . . ",0<"'''' ",a ,,",~\o~<<' of ,,<h r<<'oo ; S<>" me _"" bU'-' "'" ""a"," "'"'" ot "'" ""."'" ",,\uOinf; . .n"'" ,"u .,ill "lI " '" """'" ",,,,,,,, 'tht . e t1i.abili.ty (L') and damages me'"''' "'_,,' ideO,""a "'"' ,,,pl '" ' ~<u" 0 lfJ), ",a "'"' ,,,,,,a'" "". ~ ,<>'" , "'" .wi'" ""._ 00 *b "" ''1'''' ~ <'1',,,,,a'" ",tlfy; Th' ,ub'''- of"" f>.'" ",a o~;cio'" '0 ",bi<h "" oxp'" ~ '0 ""ulj; b. d. ^ sunun'afY ot the grounds tor each o,,,lnion; wne<h" "" f>.'" ",d o~;cio'" '0 ",~b "" ''1'''' ~ oxpocted '" ,,,Mj '" ,",oWn'" in ,OJ ""_ ,,~ort, ",,,",o,,,,,a- 0' 0"," ao_'oc ,oa, if '0, ia",tlfy me 0,,",' ",d "Id"" of"" ~""'o, ","0_ ot ,,,d report, UleUloranduJ:Il or other docuUlent. c. p.J'lSWER: Non-Expert Witness: 6. State the names, residence and business addresses, and employers of each person whom you will call to testify on your behalf at the trial of this matter, and briefly state the subject matter of their proposed testimony. ANSWER Exhibits: 7. Identify by date of preparation, description, and name of person preparing, all documents or other objects which you will introduce as exhibits at the trial of this matter, identified with regard to the issues of liability (L) and damages (D). ANSWER: Accident: 8. Describe in detail how the incident in question occurred, including exact location and time of same, and the events immediately before, at the time of, and immediately following same. ANSWER: ~,",e;"" "'" ']'ho" wim "",o",,d ,of m,loadon" 9. ldonu",ad> p,,,oo (bY "."""IDe """" ",,,known hon" ",d b""o," .dd''''] who: a. actually saW the incident; b. "'" p""eo' '" 0' n'''' m' ,"'''' ., IDe Om' 0' m' incid,n' "'" witn,,,td it thJ:ough sight or hearing; ,. "'" ",y knowl,dge 0' in'o_uon '" to ",y fu'" p'- to m' _un'" "'" =" 01 m' h'PP'oing 0' IDe incidm' m' pby,ioU ,ooditio'" """"" ., m' '"'" 01 ,h' incidon' 0' ilit ""n<< 0' ,-' of the injuries or damages sustained. ANSWER: Statements: 10. Do you or anyone acting on your behalf know or believe that any written statement (as defined by the Rules of Civil procedure) or any oral statement concerning this action or its subject matter has been given me or obtained from any person? If so, identify (by stating the name, last known home and business address): a. Each person who gave an oral statement and when, where, and to whom it was made; and the substance of each such statement; b. Any person who has custody of any written statements or those reduced to a writing or otherwise recorded. ANSWER: Investigations: 11. Do you or anyone acting on your behalf know or believe that any investigations were conducted of the incident which is the subject matter of this action? If so, identify (by stating the name, last known home and business addresses): a. each person and employer of each person who so conducted investigations; b. if different from the person identified in subpart "a", the person who has custody of or possession of any written notes, reports or other documents prepared during or as a result of the investigation. ANSWER: Insutance: 12. S",te wh'"", you"" cov"'''' by ",y typ, of ;",_re, rod",,", "'Y ",,,,, 0' umbrella insutance in connection with this incident. If ,", ideo"fy (\>y ,,,,ring"" =" ond \,., known hom' ond h,,""~' ,dd""~)' a. each person who you or someone acting on your behalf knows or believes to have relevant knowledge of: the name and address of the insurance carrieres), the policy number and the named insured; the type of each policy, the amount of coverage provided for injury or damage to each person, each occurrence and in the aggregate for each cover2.ge, and effective dates; if coverage is being denied by the company, state the reason which has been furnished for the lack of coverage; the amount of coverage provided to injury or damage to each person, for each occurrence and in the aggregate for each policy; each e~clusion,. if any, in the policy which is applicable or potentlilly applicable to any claim thereunder and the reasons why you or the company claims the exclusion is applicable. i. u. Ul. lV. v. ANSWER: Injuries and Treatment: 13. State in detail the nature of all injuries you claim you suffered as a result of the incident referred to in your Complaint and state the extent and nature of any disability arising therefrom. ANSWER: 14. Describe in detail the nature and location of any pain suffered on account of injuries you sustained as a result of the incident and the duration and intensity of such pain. ANSWER: 15. Identify all hospitals, clinics, nursing homes or other institutions in which you have been confined or received out-patient treatment because of the injuries suffered and include the name and address of the institution, the dates of confinement and out-patient treatment, the treatment and serves rendered and the cost of each. ANSWER: 16. With regard to each institution referred to in the preceding Interrogatory, identify the institution, the name of the doctor or doctors performing or giving the treatment or procedure, the dates when given or performed and the nature of the treatment, examinations, evaluations and operations performed. ANSWER: 17. State the name and address of each doctor, medical practitioner or health care provider of any type whatsoever who has examined, evaluated or treated you or from whom you sought treatment or diagnosis of any injury resulting from the incident for treatment or diagnosis of any injuty allegedly resulting from the incident, specifying the date of consultation, the injuty for which you consulted, the treatment rendered and the cost of such examination or treatment. Specify those physicians from whom you are presendy receiving treatment. ANSWER: 18. When, where and by whom were you last examined or given medical attention concerning the injuries received in this incident? ANSWER: 19. State how each injuty you sustained affected your normal activities, describe in detail the nature of such restraint, and indicate any present disability and the percentage, if permanent. ANSWER: 20. State the nature and estimated costs of all future medical attention, evaluation and treatment which you have been advised you will require as a result of injuries allegedly sustained in the incident and state the name and address of the individual furnishing such opinion and estimate of costs. ANSWER: 21. State whether or not you sustained any injuries or had any diseases, deformity or impairment before or after the date of the incident which in any way affected those parts of your body which you injured as a result of the incident. If so, state the date of the onset of the disease or occurrence of the injuty, the nature, duration and extent of the condition, and any health care provider involved in the treatment of the condition. ANSWER: 22. If you were employed on the date of the incident and make claim for lost wages or loss of earning capacity, state the basis upon which you intend to compute y our lost earnings or lost earning capacity, including dates missed from work, rates of compensation and jobs you contend you could have performed. ANSWER: 23. As to each of your alleged damages, including medical expenses, state whether the expenses incurred have been paid and, if so, the source of payment. (Include duplicate payments). ANSWER: 24. If you have a family physician with whom you consult, state the name and address of such physician and the date upon which you last consulted with him/her and the reason for such consultation. ANSWER: 25. Describe the weather conditions at the time of the incident referred to in the Complaint, and state: a. Whether the roadway was wet or dry; and b. Describe the visibility a the time, i.e., good, fair or poor, and if other than good, explain why. ANSWER: 26. State whether you were familiar with the roadway and the surrounding area of the accident in suit prior thereto. ANSWER: 27. State whether or not the vehicle in which you were riding was repaired. If so, state: a. the date thereof; b. the name and address of the person, finn or corporation making such repair; c. the nature of such repair; d. the cost of such repairs; and e. if written records or memoranda were made of such repairs, state where, when and the names and addresses of the person(s) making such records or memoranda, and the name and address of the person in possession or custody of such records or memoranda. ANSWER: 28. If the vehicle was not repaired, state whether or not an estimate of the necessary repairs was made. If so, state: a. the name and address of the person making such estimate; b. if the statement was written, the name and address of any person having custody of a copy thereof. ANSWER: 29. State the purpose of the trip or journey you were on at the time of the accident, and with regard thereto, state: a. your exact destination; b. your time and point of departure; and c. the time and place of all stops and departures between the commencement of the trip or journey and the time of the accident. ANSWER: 30. At the time of the incident referred to in the Complaint, did you have a valid license to operate a motor vehicle? If so, state: a. state issuing; b. the expiration date; c. the number of such license; and d. whether there were any restrictions on said license, and if so, the nature of the restriction. ANSWER: 31. Give the name and address of the owner of the vehicle operated by you at the time of this accident, and state the make, model and year of said vehicle. ANSWER: 32. What distance separated the vehicle you were operating at the time of the accident from the vehicle which the defendant was operating when you first saw it immediately before this accident? ANSWER: 33. Have you ever plead guilty to or been convicted of any crime in this or any other jurisdiction other than traffic violations? If so, state: a. the nature of the offense; b. the date; c. the county and state in which you were tried or pled guilty; and d. the sentence, if any, given to you. ANSWER: _Benjamin D. Andre zi, Attorney 1. D. No. 2 P. O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant /' ~-- i By: Date: February 15,2005 118810.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Richard e. Rupp, Esquire Rupp & Meikle 355 N. 21 st Street, Suite 205 Camp Hill, PA 17011 GOLDBERG KATZ , P.e. Date: February 15, 2005 /; By / / / Benjamin tr. Areozzl, qUlre U Benjamin D. Andreozzi, Esquire GOLDBERG KATZMAN, P.e. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (117) 234-4161 Attorneys for Defendant RONALD SODER a/k/a RONALD L. SODER and ANN SODER a/k/a ANN E. SODER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 02-4992 AUBREY KEEFER a/k/a AUBREY JEAN KEEFER, Defendant : JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS TO: Ronald Soder and Ann Soder c/o Richard e. Rupp, Esquire Rupp & Meikle 355 N. 21" Street, Suite 205 Camp Hill, P A 17011 Pursuant to Pa.Re.P. 4009, as amended, come Defendants by their counsel, Goldberg Katzman, P.e. and request the Plaintiffs (hereinafter "you'') to make available to the Defendants, copies of the following documents within thirty (30) days of service of this Request: INSTRUCTIONS If you object to the production of any document on the grounds that the attorney- client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received. (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concernJing the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of 2 whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody, or control. DOCUMENTS REQUESTED 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 3. All documents, correspondence or other drawings, sketches, diagrams, or writings in your custody or control or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 4. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorney(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 5. All photographs of any item or thing involved in this litigation. 6. All statements as defined within Pa.R.e.P. No. 4003.4. 3 . " , 7. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 8. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation. 9. All documents which you intend to rely upon or introduce at trial of this litigation. 10. All documents which substantiate your c1aims of damages. 11. Copies of your federal tax returns for the last five (5) years. GOLDBERG KATZMAN, P.e. By: Benjamin D. l\ndreozzi, Esquire Attorney 1. D. No. 89271 P. O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Date: February 15, 2005 118809.! 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Hartisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Richard e. Rupp, Esquire Rupp & Meikle 355 N. 21" Street, Suite 205 Camp Hill, P A 17011 By Date: February 15, 2005 Arthur L Goldberg '.1L)51-2000) H;.llT}' R Goldberg i J 0()] - J ':J9~; i RonJJd 1vr. KJtzman Pau] L Espusil'o l'Jeij Hcndershot ]. by Cooper Thomas E. Brennt~r April L. Strang-Kutcl)' (~uy H. Brooks ierry ,. Russo fd ichael J. Ctocenzi Thomas r. Vveher Steven E. Grubb John DeLorenzo R.o;'ce L. Moais DDvjd [\If. Steckel Heather L P,lterno B(~!1i,lillin D. /".,ndreozzi O)UN.~F! fnshlla D. Lock A.!"llClld B. KOg<111 20 IvIarket Street, II Goldberg Katzrnan A full-service law firm. March 23, 2005 Richard e. Rupp, Esquire Rupp & Meikle 355 North 21" Street, Suite 205 Camp Hill, P A 17011 Re: Ronald Soder a/k/ a Ronald L. Soder and Ann Soder a/k/ a Ann E. Soder v. Aubrey Keefer c/k/a Aubrey Jean Keefer Dear Mr. Rupp: According to my records, the outstanding discovery which I served upon you is now due. Would you be so kind as to provide me with answers to discovery within the next 10 days. Thank you in advance. BDA:ar 105253.8 I ~-r~, , 'n. a lV'~ I P,O. 1730C-L~6B' 7' (('li) FROM.: Rupp& MeikJe FflX NO. 730 0214 flpr. 05 2005 04:45PM P2 LAW OFFICES RUPP AND MEIKLE UCRBIlR1' Q, RVP'P, JJ:. RICHAltD c. RuP, A~ l4&llCt.B IUUKSSON 09154-8:1) "' PROFEl;)$rONAL COaPOaAT1(')N au NORm 21S'I' STftEJ:T, $UlTJr.205 CAMP Hll.L, P A 17011 (11 'T) 'T61-.MIiO 'E-MAlL: JtUPPLAWIOAOL.OO!UI April 1, 2005 IU.I1JNa ADDrmss ".0. BOX .95 CAMP W'LJ... PA 17ooJ.-oa" TJ!lLEI'A.X: (711) f3O..OlU4- Benjamin A. Andreozzi, Esquire Goldberg Katzman 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108 Re: iRsIer v. Keefer Personallnjul1! Dear Ben, I am requesting your courtesies In that I would appreciate a reasonable extension to file the production of documents In the Ann Soder case. .f there Is any problem, please let me know. Thank you. ; ( , ~l Ichard C. Rupp RCRlbah -\nhur 1.. CnJdhCj'g ] ,):; 1-':'(;{)I) 1 H:1iTV B. {~(:,!dhl'r2. l'.'!'.]-!'.)'.'o':: ,(Oll:.lld :\[.f(;jtznulJ P,i:d 1. L;pu'iitcJ >J-::-ij l-I'~ndt'rdl(;t J. b:' CC/(;F't':r nl(Hn,lS E,13reline-r L Str,mg-VlltilY Guy H. Bn)(J!zs lerry J. Russo :\/[i.:I1;"I(::,1 L Crncerlzi ThonlJs T. \Vt'bcr Steven E. GruI)b k,l;n DeLorenzo ;ZI'))'ce L l\/Iorris f),;vid i\1. Stech:::! HC-:ltht'l' 1.. P,l:-r."rno D. 'uldrcm-,-,j c:()u:"";~; ,inshlld D. Leek ~,rn(.!jd B. Kng<1!l ,', l'Ii'II~,,1 : .......! . a: I I 't' ", "\ -- : 1t-- I ........ ~~' ,- ~I .{-,c__ -,r"l' ;:}\;~~l:iK,' A full-service Jaw firm. April 7, 2005 Richard e. Rupp, Esquire Rupp & Meikle 355 North 21 ,t Street, Suite 205 Camp Hill, P A 17011 Re: Ronald Soder a/k/a Ronald L. Soder and Ann Soder a/k/a Ann E. Soder v. Aubrey Keefer c/k/a Aubrey Jean Keefer Dear Mr. Rupp: I acknowledge your request for a reasonable extension to answer outstanding discovery. Please be advised that I will grant you a 30 day extension to produce answers to the outstanding discovery. The answers to this discovery should be forwarded to Thomas Brenner of this office. If you have any questions, please feel free to contact me. BDA:ar 105253.9 "" '" I '.: Ie '--n ;.:1. r:/ li7," .- very~, trul~:J:' rs, // / / I I Benjami D. An reOZZl I D / / " . ~ (~ ! 1 L j i" il.C.i_'::iii.:i H:,p." ;', [-'In!,d-J r,t. k,:i::1T(! 'r, ~\n.;! ! '-),:;1 :-1, !id.;,;-ji';:: 'L.r .,'OJ 1:.. !',n;'n~-,cl" H. b;-nr!k:: j.;",_lS,';<) '\',;<h,";,;) ). (-:r, <t'T!?i i ~l::: -,..,: ]. \!it'b,::r "".: !,;X E. GnJ/, ;Cil-ii"; r:)..c:,Lii\'.l!".<' ).. h,l:-~lTis D:y/id ~\'j:,tt.\:i:_d H~:-::tth'~,. L.. F:~i' rno :.'-lm D /,;'_~_d;- ."7./: . "': :1';;_1 }'J:~l;lI~'i :.'J. i.~)<!. /,>J.'l'_.+1 r,. ni A full-service law firm. May 23, 2005 Richard e. Rupp, Esquire Rupp & Meikle 355 North 21" Street, Suite 205 Camp Hill, P A 17011 Re: Ronald Soder a/k/ a Ronald L. Soder and Ann Soder a/k/ a Ann E. Soder v. Aubrey Keefer c/k/a Aubrey Jean Keefer Dear Me Rupp: Please ,Jlow this letter to serve as a follow-up to our letter of April 7,2005, where we granted you a thirty day extension to answer outstanding discovery. We have yet to receive your answers to discovery in this matter. I<:indly forward answers to me within ten days of receipt of this letter, or we will seek sanctions for your failure to comply pursuant to Pa.R.e.P. 4019. Vel tmly yours, /; " ~;omas E. Brenner TEB:ar 10.52.53.10 , " I I e:: CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid as follows: Richard e. Rupp, Esquire Rupp & Meikle 355 N. 21" Street, Suite 205 Camp Hill, P A 17011 Attorney for Plaintiffs GOLDBERG KATZMAN, P.e. By: ~ ~lJ (/~.~ Thomas E. Brenner, Esquire Date: September 9, 2005 ,', c, (-) ":' ,.'.." , > --q ...... ~ FT'i r',,) c.) '.J c~ l..~) "'" RONALD SODER a/k/a RONALD L. SODER and ANN SODER alk/a ANN E. SODER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW AUBREY KEEFER a/k/a AUBREY JEAN KEEFER, Defendant NO. 02-4992 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of September, 2005, upon consideration of Defendant's Motion for Discovery Sanctions Pursuant to Pa. R.C.P. 4019, a Rule is hereby issued upon Plaintiff to show cause why the reliefrequested should not be granted. ~ RULE RETURNABLE within 20 days of service. BY THE COURT, It c7J{o/l. 'esley Oler,-Jr~," J. Richard C. Rupp, Esq. Suite 205 355 N. 21st Street Camp Hill, PA 17011 Attorney for Plaintiffs ,~J~ , C'i~ ~ 9_11..0'.. L)- - \;'IN'v'^lASNN3d I I Nnr,'-, 0:, '\,o;C':.G'^,fV'\ I\.l I ....v.,' !,' ".,.,~_.d'tr Iv SO : II WV 91 d3S SOUl Acl\I10NOH10tld 3Hl :10 30WQ-(J311:l Thomas E. Brenner, Esq. Carly J. Wismer, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attomeys for Defendant :rc RONALD SODER and ANN SODER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA, Plaintiffs v. CIVIL ACTION - LAW NO. D~ - 4.i19d.- Cit>;l<--r0LYt. AUBREY KEEFER Defendants : JURY TRIAL DEMANDED PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO DISCOVERY SANCTIONS PURSUANT TO PA RCP 4019 AND NOW COMES PlaintiHs Soders' by and through their Attorney's Rupp and Meikle. 1. Admitted. 2. Admitted 3. Admitted, however, as settlement negotiations were in progress. 4. Admitted. 5. Admitted. 6. Admitted. However, PlaintiHs legal counsel informed Defendant's legal counsel that they were being prepared. NEW MATTER 7. Paragraph 1 through 6 above are herein incorporated herein by reference. 8. PlaintiHs' had already provided the bulk of the requested information to Defendant's prior legal counsel informally. 9. PlaintiHs have already answered said interrogatories and filed them with the Defendant's legal counsel. 10. On October 3, 2005, PlaintiHs' Production of Documents were filed with Defendant's legal counsel. 11. PlaintiHs' had filed a demand for damages with Defendant's prior legal counsel stating the nature of relief requested. 12. As PlaintiH is still suHering from her injuries from this accident, PlaintiHs and PlaintiH's legal counsel wanted to be as accurate as possible in responding to the Production of Documents and the Interrogatories from Defendant. The PlaintiHs were unavailable during certain times these past few months and Plaintiff's legal counsel was involved in a large family litigation matter, which only very recently settled. However, PlaintiH's legal counsel's oHices had informed the Defendant's legal council's oHice that the Answers and Production were being worked on. Respectfully submitted, RU AND MEIKLE Richard C. Rupp Sup. Ct. ID # 34832 355 N. 215' Street, Suite 201 Camp Hill, PA 17011 (717) 761-3459 CERTIFICATE OF SERVICE AND NOW, October 6, 2005 I hereby certify that I have served a copy of the within document on the following by hand delivery to: Goldberg and Katzman 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108 l Richard C. Rupp, Esquire <.: ~n ("' . -, .J ...., ) ...,.,-.. ,. "'.''i .',- '" .~- "'- '" (') ,...' = ~ (."~ r:l cJ'" r> ::;J " , ic'tl"fR \ j""r: C) C', t ,. :) :~~": :'l ) t::.S , \-n .~~-,~ '-' , 5J ,- -< RONALD SODER a/k/a RONALD L. SODER and ANN SODER alk/a ANN E. SODER, Plaintiffs v. AUBREY KEEFER a/k/a AUBREY JEAN KEEFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 02-4992 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of October, 2005, upon relation of Thomas E. Brenner, Esq., attorney for Defendant, that discovery has now been provided by Plaintiff's counsel, Richard C. Rupp, Esq., Defendant's Motion for Discovery Sanctions Pursuant to Pa. R.C.P. 4019, is deemed moot. ~chard C. Rupp, Esq. Suite 205 355 N. 21st Street Camp Hill, PA 17011 Attomey for Plaintiffs ~ ~omas E. Brenner, Esq. Carly J. Wismer, Esq. P.O. Box 1268 Harrisburg, P A 17108-1268 Attorneys for Defendant :rc BY THE COURT, !.7 .0 lJ'tl "I 1'10 Qnnz I..... '(.1 .',';f (, .~\,' ..uu :--::/"':(10 ;:K,) 05/04/2008 10:20 FAX 71723488'0 GOLDBERG KATZMAN ~ rJourJOo RONALD SODER a/k/ a RONAI.D L. SODER and ANN SODER a/k/ a ANN E. SODER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiffs : CIVIL ACTION - LA. W v. : NO. 02-4992 AUBREY KEEFER a/k/ a AUBREY Jl:!.AN KEEFER, Defe1ldant : JURY TRIAL DhMANDED PRAECIPE Please mark this action settled, discontinued and ended. E By: Richard C. RUPPl Esquire 355 North 211t Street, Suite 201 Camp Hill, P A 17011 Counsel for Plaintiffs D~tc: oS--of,_ f' ',""',,'"''t,,''''''' ',\" ',., "" "". )..,:~"'" \ ',.'~ . ~.~ ..~ o ~ -0 IT; mr:' Z':.; ;~:~ L 0:1,:.1,_, -.< ~ . ~<: .> . :;-..:: ~"'"-'. <<>> ... 'Pc;, -"to ~ r-.;) = c:::::l en :Jl: )> -< o '"Tl ::C!" rnp -Of'-n -nC.? 5/, :::~~j ~'i -'-.1 (,;] ["5 Om ~ ~ en -0 :3:: ~ N W