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HomeMy WebLinkAbout00-04303 -' - , "M'-ifi, . .... # 24 OLER WESLEY AND PAMELA EMLET, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LABAN D. HOCK, Defendant v. PEARL I. YOHO, Additional Defendant No. 00-4303 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on Wednesday, January 9, 2002, at 1:30 p.m. The case had originally been scheduled for earlier in the day, but due to miscommunications had to be rescheduled for this time. It is noted that Plaintiffs' counsel had indicated that Defendant's counsel had agreed to a continuance of the pretrial conference, but Defendant's counsel has indicated otherwise. The Court has emphasized to counsel the importance of its being able to rely upon representations of counsel. Plaintiffs were represented by J. Richard Oare, Jr., Esquire. Defendant Hock was represented by Girard E. Rickards, Esquire. Additional Defendant Yoho was represented by Thomas B. Sponaugle, Esquire. This is a negligence action for personal injuries arising out of a two-car accident on July 9, 1998, -'" . ", ~ ;.:. .;', ~~ "~~"~"\ .. at the intersection of Route 114 and West Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. Defendant Rock allegedly failed to obey a stop sign controlling his movement, as a result of which Defendant Hock's vehicle and a vehicle being driven by Additional Defendant Yoho collided. plaintiff Pamela Emlet was a passenger in Additional Defendant Yoho's vehicle and was allegedly injured. Plaintiff Wesley Emlet sues for loss of consortium. Defendant Hock's counsel has indicated that he may be in a position to concede liability with respect to causation of the accident; Additional Defendant Yoho's counsel indicates that he will not be conceding liability with respect to causation of the accident. Defenses primarily consist of an alleged absence of causation with respect to the injuries claimed by Plaintiff Pamela Emlet. This will be a jury trial in which, pursuant to an agreement of counsel, Plaintiffs will have four peremptory challenges, Defendant Hock will have two peremptory challenges, and Additional Defendant Yoho will have two peremptory challenges, for a total of eight. The estimated duration of trial is two days. One issue which is expected to arise at trial is whether the Plaintiff has met the limited tort option threshold for recovery of non-economic losses. This matter will be deferred to the trial court. ~~ < . - ~' ,~, ~, ,- -.~,-"" "1 < .... To the extent that depositions are to be shown or read to the jury which contain objections being pursued by counsel, counsel are directed, at least five days prior to the commencement of the trial term, to submit a copy of the deposition transcript to the Court with the areas of objection being pursued highlighted and with brief memoranda in support of their respective positions with respect to the objections. With respect to settlement negotiations, Plaintiffs have demanded $40,000.00, and Defendant Hock has responded with a counteroffer of $2500.00. No counteroffer has been received by Plaintiffs from Additional Defendant Yoho. By the Court, J. Richard Oare, Jr., Esquire For the Plaintiffs Girard E. Rickards Esquire For the Defendant Thomas B. Sponaugle, Esquire For Additional Defendant Court Administrator wcy ,'~' '"'". " ~~~~~<:Ii!'!ll@.-a.~~~NtiIlf~.~~~~ IUD n[ltT!,~,J:,.J ,~, ~.. "1.,,,~.- ,~"... ,",' .~ """" JL 11 ~'"~llIliIi " ", ,. C (::J ~'; -' ~~ f"..) , , r..,,.. -:] t1~ .,~~"", '---'-; j"lHt " " ",,":"., Zs: _r::- en _~:, -C:::.......:... ~~ -0 4\.) ~ 5~ N ~ U1 \.,P ~'" , ~-'" .' - ~ 1,,_ - ~c; 01/08/02 23:16 RICHARD OARE,ESQ. ~ 17172406462 NO.813 Gl02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA PAMELA and WESLEY EM LET, Plaintiffs CIVIL ACTION - LAW v. No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED PLAINTIFPS MEMORANDUM FOR PRE-TRIAL CONFERENCE Submitted by; Richard Oare, Esquire 1434 S. George Street YOr1<, PA 17403 Counsel for Plaintiff I. BRIEF SUMMARY OF THE CASE M!'l. Fmlet was a passenger in her mothe(s (Pearle Yoho) Ford Explorer. Elderly gentleman(Laban Hock) ran a stop sign and pulled out into the path of the Ford Explorer Ci:lusing an accident. Plaintiff adopts the statement of Pearl YohO. II. STATEMENT OF ISSUES: Mr. Hock but not Pearle Yoho will probably concede liability. Nature and extent of damages. III. REQUESTED AMENDMeNTS TO PLEADINGS: none IV. ADMISSIONS FROM PLEADINGS TO BE MADE PART OF RECO~D: none V. STIPULATIONS; liability =-<--,,~ ~"= . J __ ,I" ,~ ,'*-<ti.. 01/08/02 23: 16 RICHARD DARE, ESQ. 7 17172406462 ND.813 (;103 VI. WITNESSES TO BE CALLED: 1. Pamela Lynn Emlet Wesley A. Emlet Pearle YoM Nelson Hendler. M.D. 1. VII. EXHIBITS: Medical records and bills submitted to defendants by plaintiff through Request fOr Production of Documents. Police report and photos of accident scene previously provided to Request for Production of Documents VIILDAMAGES Mensana Clinic Total ~ $1,306.46 1718 Greenspring Valley Road Stevenson, MD 21153 Ziekle Orthotics Total = $52.00 1603 Rodney Road York,PA 17404 Shannon Waltel'8, DC Total ~ $4,151.57 121 W. King Street PO Box 763 East Berlin, PA 17316 John Hopkins. D.C. Total = $470.00 584 W. Palmer Street Franklin, NC 28734 Hanover Hospital Total = 349.75 300 Highland Avenue Hanover, PA 17331 Advanced Radiology Total = $1416.20 PO Bnx 64580 Baltimore, MO 21264 ~'." ~~~-- c ~-, -"" - ,1- ,>" """"-ji', 01/08/02 23:16 RICHARD DARE, ESQ. 7 17172406462 ND.813 G/04 East Berlin Pharmacy 335 West King Street East Berlin, PA 17316 Total = $77IU1 York Hematology Surinder Vohra, MD 1750 Fifll1 Avenue Suite 304 York, PA 17403 Total ~ $175.00 York Hospital 1001 S. George Street York, PA 17405 Total = $738.15 Memorial Hospital 325 S. Belmont Street PO Box 15118 York, PA 17405 Total = $1323.0U Or. Keys The Rehabilitation Team 816 Frederick Road Baltimore, MD 21228 Total = S9S.00 Grand Total = $11,713.54 Plaintiff has requested medical records and bills from the ClJlTAnt medical provider in plaintiffs currFlnt residence, North Carolina, Dr. Hyman. Those records and bills have been requested 3 times and we are currenUy expecting receipt of them. D. Description of general damages. Plaintiff Pam Emlet suffered from Cervical Strain, Chronic Pain, Fibromyalgia, Facet syndrome L-3,C3-4 and C6-7; Thor;acic Outlet Syndrome, ulnar nerve damage. A.C. impingement, and carpal tunnel syndrome. Plaintiff continues 10 Ruffer from pain, numbness and tingling in her upper extremities. She also suffers from recurrent pain in her hips and legs. One of her treating doctors, Nelson Hendler, M.D.a neurologist, has recommended an operation. Plaintiff does not have the money to pay for It. IX. STATEMENT OF ANY OBJECTIONS OR EVIDENTIARY PROBLEMS TO BE RESOLVED PRIOR TO TRIAL: ~ _~,.J ' ' I ' ,. "lIi'i'~, 01/08/02 23:16 RICHARD DARE, ESQ. 7 17172406462 ND.813 [;105 , Dr. Hyman's medical bills and records. X. SPECIAL REQUESTS: A. B. C. Other special requests. XI. BEST OFFER OF SETTLEME:NI AUTHORIZED BY CLIENT: No settlement discussions have occurred. Plaintiff has demanded the sum of $40,000. XU. ESTIMATED TIME NEEDED FOR TRIAL: 2 days Richa are Attorney for Plaintiff Sup. Ct. I.D. # 18631 (717) 846-3000 CERTIFICATE OF SERVICE I, Richard Oare, Esq., hereby certify that I have this 811\ day of January, 2002, sent a true and corred copy of the foregoing PLAINTIFF'S REPLY TO NEW MA TIER to the following individual, via fax and United States Mail, postage paid, addressed as 01/08/132 23:16 , folloWS: , ~ .1. '~'.'-' RICHARD DARE, ESQ. ~ 17172406462 ND.813 (;106 Thomas B. Sponaugle, Esquire Griffith, Strickler. Lerman, Solymos & Calkins 111) South Northern Way York, PA 17402 Gerard E. Rickards, E5quire Law QffIces of Jacobs & Saba 4705 Duke Street Harrisburg, PA 17109 Richard Oare, Esq. Attorney for Plaintiff ~ -- , ., ~1i, 01/08/02 23:16 RICHRRD ORRE,ESQ. ~ 17172406462 NO.813 (;101 . IFAX TO: J Wf1-:- {)k/L_ RE: If tin : .k(t.Jtlt ID- I(P;(_ __... . I Numb~ "fpa~ :'clr&illg """"r .heel . (" FROM: Plulnt; ,ax;Pfo""i! I Law Offices of RICHARD DARE 1434 South Ge()rge Street York, Pennsylvania 17403 lcc: -.'--".-.'--- Ph""i! FIIX Ph'IIIe (717) 846-3000 (717) 846-3434 REMARKS: o Urgent ~ For yOllr review o Reply ASAP o Plel1$e Commelll I THE !'f'FORMATlON CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEOED ANO CONFIDENTlAl INFORMATION INTENDED ONLY FO& THE USE OF THE INDIVIDUAL ~R l::NTlTY NAMl::U AHUV!>. I~ 'HI< RJ.AUl;.K Of Has MESSAGE IS NOT THF. INTENDED RECIPIENT. YOU ARC lIl:R1:DY NOTIr-U:;O nlAT ANY DISSEMINATION. OlSTRlBIlTION OR copy OF THIS COMMUNICATION [S STIIJCTLY P901l1Rl'l'l'n IF VOU HAIffi RF.CF.IVF.O'THIS COMMUNICATION IN ERROR.. PLEASE IMMEOIATELV NOTIFY US BY TELEPrONE AND R.ST\IRN THE ORIGINAL TO US AT THIf ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. JHAN'K YOU. Ik':/rJdrbrrJM- ,ff-~. t'ha...J- /~ / ..,. :&... ..... ...."""1 ~ . ,'" "-""~ ','- '-'-I'bJ'~ '... -"'"'A';'c ~'~::iI'~: , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. MEMORANDUM FOR PRE-TRIAL CONFERENCE ~ubmitted by: Thomas B. Sponaugle, Esquire Counsel for: Additional Defendant, Pearl!. Y oho pate of Pre- Trial Conference: January 9, 2002 1. BRIEF SUMMARY OF CASE: On July 9, 1998, Plaintiff Pamela Emlet was traveling as a passenger in a motor vehicle being 6perated by Pearl Y oho, a 1996 Ford Explorer on Route 115 in Upper Allen Township, Cumberland County, Pennsylvania when suddenly, without waming, Defendant Laban D. Hock, operating a 1988 Buick Century, entered the intersection of Route 114 and West Lisborn Road striking the vehicle being operated by Pearl Y oho. Mr. Hock's travel was controlled by a stop sign at this intersection. Plaintiff Pamela Emlet claims sustained injuries, including but not limited to, cervical strain, chronic pain, fibromyalgia facet syndrome, thoracic outlet syndrome, ulnar nerve damage, AC impingement, and carpal tunnel syndrome. Plaintiff elected a limited tort option, and Plaintiffs chums may be precluded for non-economic damages. - - - .," ,- ".,..~, """,,,"", , '" II. STATEMENT OF ISSUES: A. Negligence of the Defendant. B. Comparative negligence of the Additional Defendant. C. Nature and extent of Plaintiffs compensable injuries and damages. D. Whether the Plaintiff sustained a serious injury as defined under the Peimsylvania Motor Vehicle Financial Responsibility Law entitling her to seek non-economic damages. III. REQUESTED AMENDMENTS TO PLEADINGS: None. IV. ADMISSIONS FOR PLEADINGS TO BE MADE PART OF RECORD: A. Identity of the parties. B. Date, time and place of the accident. V. STIPULATIONS: A. Stipulation that medical records can be utilized by either party and/or their respective witnesses without the need to call the records custodian or healthcare providers to testifY as to authenticity of said records. This requested stipulation is limited to authenticity with the admissibility of any records being a matter of ruling by the trial court. VI. WITNESSES TO BE CALLED: I. Pamela Emlet, Plaintiff Liability and damages 2. Wesley Emlet 4030 Conewingo Road Dover, PA 17406 Damages 3. Laban Hock 100 Mt. Allen Drive Mechanicsburg, P A 17055 Liability 2 ~>-'';' '" -- ~;'~I "",-' ,',', """'""~~il r 4. Pearl Yoho R.D. No.1, Box 1412 Brodbecks, P A 17329 Liability 5. Dr. Perry Eagle 191 Leader Heights Road York,PA 17402 Damages 6. Officer R.E. Hammon Upper Allen Township Police Department Liability The Additional Defendant reserves the right to call any trial witnesses identified by other parties in their Pre-Trial Memorandums. VII. EXlllBITS: A. Plaintiffs medical records, as follows: 1. Mensana Clinic 2. John Hopkins, D.C. 3. Charles E. Hartman, M.D. 4. Dr. Perry Eagle 5. Dr. David T. Francois 6. Dr. Walters, chiropractic 7. Dr. James Rinker 8. HealthSouth Rehab 9. Dr. Hendler 10. Hanover Hospital 11. York Imaging Center 12. Advanced Radiology 13. EM! Physiatry B. Police accident investigation report. The Additional Defendant reserves the right to add to or delete from the list of exhibits at trial of this matter upon proper notice to all counsel and the Court. 3 ," ",.',i" "'" ~'-"~,, _",,1---,'," ' . "-0'<<" ,- . ~"' J , VIII. DAMAGES: See Plaintiffs Pre-Trial Memorandum. IX. STATEMENT OF ANY OBJECTIONS OR EVIDENTIARY PROBLEMS TO BE RESOLVED PRIOR TO TRIAL: A. Additional Defendant may present the testimony of Dr. Perry Eagle via videotape. X. SPECIAL REQUESTS: None. XI. BEST OFFER OF SETTLEMENT AUTHORIZED BY CLIENT: None. XII. ESTIMATED TIME NEEDED FOR TRIAL: Two days. Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~/ THOMAS B. SPONAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 4 ,,,",, , "', , ",,". -'~'" I..,,'~ - ~' , , ",~""jl '. . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE ANDNOW,this I~ dayof~ ,2001,1, ThomasB.Sponaugle,Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of MeIDorandum for Pre-Trial Conference by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, Jr., Esquire 1776 S. Queen Street York, PA 17403 (Counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (Counsel for Defendant, Laban D. Hock) By: GRIFFITH, STRICKLER, LERMAN, SOLYM~ THOMAS B. SPONAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ~~ ~ . ~ ~~~ ~ - ~~~"-'~'C-)" ... '. OOHB.00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731.0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA vs. LABAN D. HOCK, DEFENDANT No. 00.4303 vs. PEARL I. YOHO, ADDITIONAL DEFENDANT CIVIL ACTION . LAw JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT LABAN D. HOCK I. STATEMENT OF FACTS AS TO LIABILITY: This lawsuit arises from a motor vehicle accident that occurred on July 9, 1998 at the intersection ofP A Route 114 and West Lisburn Road in Upper Allen Township, Cumberland County, Pennsylvania. At the time of the accident, Defendant Laban D. Hock was traveling east on West LisburnRoad and stopped at the stop sign at the intersection ofPARoute 114. He saw a vehicle approaching from his right, but thought that he had sufficient distance to clear the intersection. He pulled out and was struck by the other vehicle. The second vehicle involved in the accident was a 1996 Ford Explorer driven by Additional Defendant Pearl I. Yoho.Plaintiff Pamela Emlet was a front seat passenger in that vehicle. Ms. Y oho was traveling north on P A ""r.......~ .- ~'~ ........, '" - ,i .""""""~-,,,- ... Route 114, approaching the intersection. There were no obstructions to her view of the intersection. As she was approaching the intersection, Ms. Emlet told Ms. Y oho that the speed limit was 35 mph. At the time, Ms. Y oho was traveling 25 mph. She looked down at her speed odometer and then looked up. When she looked up, she saw the Defendant's vehicle approximately one car length away. She was almost able to stop her vehicle without impacting the Defendant's vehicle. 11 BASIC FACTS AS TO DAMAGES: There was very minor damage done to the front of the vehicle in which the Plaintifl'was traveling. She did not complain of any injuries at the scene of the accident, either to the emergency personnel or to the Additional Defendant driver. Ms. Emlet has been seen by at least two orthopedic surgeons, both of whom found no abnormalities upon examination. Pamela Emlet has selected the limited tort option on her motor vehicle insurance policy. She was a housewife before the accident and there is no wage loss claim. III. ISSUES: o Negligence of the Defendant; @ Negligence of the Additional Defendant; lD Whether the Plaintiff sustained a "serious injury"; and o Amount of damages. -r"~~ .~ ~ -"" ---",~,~'('" - IV. SPECIAL LEGAL ISSUES REGARDING ADMISSffiILITY OF EVIDENCE: The Defendant requests a stipulation as to the authenticity of medical records. V. WITNESSES: o Laban D. Hock; 8 R.E. Hannnan, Upper Allen Township Police Department; @) Pearl I. Yoho (As on cross); o Pamela Emlet (As on cross); o Wesley Emlet (As on cross); and (l) Custodian of medical records in the event that a stipulation is not reached as to the authenticity. VI. EXHlBITS: o Photographs of the vehicle in which the Plaintiff was a passenger; 8 Medical records ofJames Rinker, M.D.; @) Medical records of Perry A. Eagle, M.D.; o Records of Mens ana Clinic; and o Records of William Keys, Ph.D., M.D. ,1 ",,!_,J - " .,," ;;;,~lT~!L' - VII. SETTLEMENT: As of this date, the Plaintiff has made no demand and the Defendants have made no offer. Respectfully submitted, ~ Dated: January 2.2002 irard E. Rickards, Esquire/ Attorney for Defendant Laban D. Hock 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number (717) 731-0988 Identification No. 58867 , - ~'.~,- l'i!W~1>j~'t, OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Cllmp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. LABAN D. HOCK, DEFENDANT No. 00-4303 VS. PEARL I. Y OHO, ADDITIONAL DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant Laban D. Hock herein, and that he caused a true and correct copy of Pre-trial Memorandum of Defendant Laban D. Hock to be served by regnlar fIrst class mail upon: Richard Oare, Esquire 1434 South George Street York, PA 17403 Attorney for Plaintiffs Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Attorney for Additional Defendant Dated: January 2. 2002 ~~~ Attorney for Defendant Laban D. Hock --'J\_~.Ii" <~ ,,~~ 01/07/0~ 22:33 .........~~_._" i =...c",,~~,\, RICHARD OARE,ESQ. ~ 2406460 NO. 802 (lkld , Attomeys /~\ ,;J.Ai LAW OFFICES OF R'ICHARD OARE 1434 South George Sb"eet York. PA 17403 717-846-3000 or 1-877-529-9273 Fax 717-846_3434 e-mail: oare@attnet Limited Practice 'Richard Oar. I A.clntitted in MDlt & P A P",sona] Injury Wrongful Death Health Insurance Law January 8, 2002 Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Pamela & Wesley Emlet v. Laban D. Hock et al. Case No.: 00-4303 qear Clerk: I am writing to request a continuance of the I?re-Trial Conference that is s~heduled for January 9, 2002 at '9:00a.m. in the above referenced matter, I am previously scheduled in another matter in York. County as counsel for the Mayor of York at that time. I I have contacted defense counsel and they have agreed to the continuance. Thank you for your attention to this matter. Ver truly yours, RO / cs RO/EaW,t/continuaru:e ltr. 01,08.02 I ~ ,~ .^~, '" a _ _','0 ,_. ""..,,,, 'b'~~' -"~: , ._J , . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. .HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. PRAECIPE TO THE PROTHONOTARY: Additional Defendant hereby withdraws the Motion to Compel Plaintiff's Answers to Interrogatories and Request for Production of Documents of Additional Defendant and Motion to Compel Defendant's Answers to Interrogatories and Request for Production of Documents of Additional Defendant. I GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~ THOMAS B. SPONAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this d1fh day of 1== ~' 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, Jr., Esquire 1776 S. Queen Street York, PA 17403 (counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMO ALKINS By: THOM~ B. ONAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ~ "~ _ " -"..: ,- ~, ,",0''- - .I ',"" , w; ... -- IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA PAMELA AND WESLEY EMLET, Husband and Wife, 4030 Conewago, Rd, Dover, PA 17315 CIVIL ACTION - LAW Plaintiffs v. No: ()O - ~.2CG LABAN D. HOCK, *" I_:~ . ~O? 6.C. M",:;:;iClllvIlICl\:ltl 100. ~ J:J.(u:c.;>U~uc.. Mechanicsburg, PA 17055 Defendant JURY TRIAL DEMANDED PRACIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above referenced matter. Writ of Summons shall be issued and forwarded to the Sheriff. Respectfully submitted, By: , jeSLJ ~ ulia Feld Caralle, Esquire up. Ct. 1.0. #52027 1776 S. Queen Street York, Pennsylvania 17403 Telephone (717) 846-3000 Attorney for Plaintiff Dated: "" J JJ, 2000 ,-",,,,,-,,..,','-, -, -, ," .' ''l!l!. Cio(( ~ ~. . ..,., ....,.. ~~ ~..~, ','" ~ - ',." ,. --- ""''''~ "~,, ",- , .. .. , SUMMONS IN A CIVIL ACTION TO: YOUR ARE HEREBY NOTIFIED THAT THE ABOVE NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk Civil Division Date: by Deputy .. ''''''- ' u:r"~~'_il!ili~~~ 1+-- tr Ilt\:) ~r ~~ ~r .,~--" ~ --' ~~il::lfilU.- , - 'n_' ,"h,~_"iIliii.G..," " ','_ It -0 ~ ~ '-3 ~ - .., , ~ ~ !i ~ c3 d ~ a ~~ ~ () J~'::) ~.; L;:' a3 t:-~,~ _. _ t",) S:.''j u' ~: ~.~c c~5 -'" > -- C) ~ ;::: :::) ~ci =< ",-J -< . . .'" . 8 ~-" " ~-, ~~ ~ '. "'" d _, _'*,' .'1 ,- Commonwealth of Pennsylvania County of Cumberland Pamela and Wesley Emlet Court of Common Pleas w. No. 00-4h03 Civil Term ------------------------------------- 19_n_ Laban D. Hock 100 Mount Allen Drive Mechanicsburg, PA 17055 In _____ s:.:i,,,~L~~!=_:i,.qI)_.::__ _~?!_ _____n________ __ To __~p<U1_D~__ijQCk____________________________ Yon ate hereby notified that ._----~~~~~-~-~~-~~-~!~y--~~~~--------------_._----------------------------------------------- the Plaintiff ha S commenced an action in _n__C;i.Y;i.J.u119t.iQ!L:"__J;,glYnn__n___nn____nnnn___ against you which you are required to defend or a default judgment may be entered against you. (SEAL) .___________CJl~i~_E._~Q9____________________ . Prothooomry Ilate ____~~I)~--~~~-~QQQ----------- 19____ ~_2_ Ileputy 0:"'~';';';_ "- 'iWi!1f<?,l!!-,~~t..~i~j,~Mi!!ijj;'"il~iliil~-!!.Iwm.lli!:.}"t~o<d,!~*~---'~'~ 3?:i""'''"~ ,'h "'-~~- JtilMIIi__ -, I H -.l~'~C",j if6~ hj ~ I . f-' 0 -.J C ~. I I O-.lli-.ll--' nOtT I I . I X' O"l 1-'- [~g I]) I I =t:I= 00'" l1J ti;' I I ..,. m I I U1 O"ll-d. ~ 0 f-'.s:: 0 , I ",,;J> I]) f-" n;:> . a '0 I , OW '2f-' <: r Ul IT '0 I NO~ CL f-'. g~B' II I -.lO-.lro f-' ,,,," , o"!:::'ron '1 n * 'w >' o;:>p> ~ cO f-''''' '0 .. w '1 - (J) Ul IW s mp> IT ::l ~ :w 10 j ITf-' f-" fjJ~ " f-' 0 'f-" I]) I]) ::l ,<: (J) - f-'f-'. ~ 'f-" IT I ... C3~ If-' t<J = 18 Ul i U1 .0 U1 IT 'I]) I~ - <D I , I I " ", ". .~ " , w= ~ _ 0,.,',. ", ."" .,~" "" - . , ~~~, SHERIFF'S RETURN - REGULAR CASE NO: 2000-04303 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMLET PAMELA ET AL VS HOCK LABAN D TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOCK LABAN D the DEFENDANT , at 0010:30 HOURS, on the 7th day of July , 2000 at 100 MOUNT ALLEN DRIVE MECllANICSBURG, PA 17055 by handing to LABAN D. HOCK a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So ;::~~~. R. Thomas Kline 07/07/2000 RICHARD OARE ---=:.- Sworn and Subscribed to before By: -------- me this ,;tD & day of qq:; 0>_ A.D. .fJ. (J. 7Yr~(JP~, ft ~dI7' rothonotary ~~~ , '.. ~~ "~"~, - ~;,. " I ~\$il ~lIii!ltll~{!fufi~! .. . ',j. .. OOHB-00092 . ~ '\ . ~/f'; ~.<.R "... ,...IJO"" LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CML ACTION - LAw JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO TIlE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Laban D. Hock. Respectfully submitted, LAW OFFICES OF JACOBS & SABA Date: August 21. 2000 BY~ ~irav E..c s, Esquire Attorney for Defendant Identification No.58867 .',,-' , ,~ - I I ~~M"_...."",;I " ~ . .. > OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant Laban D.llock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tme and correct copy of Entry of Appearance to be served by regnIar fIrst class mail upon: Julia Feld CaralIe, Esquire 1776 South Queen Street York, PA 17403 Dated: August 21.. 2000 ~~ Attorney for Defendant M " ..oJ ~ ~ "~ ~H[; , OOIlllI-00092 t " .' LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVILAcTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROlHONOTARY: Please enter a RULE upon Plaintiffs to fIle a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Date: August 21.. 2000 /~ Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this~~y of {)O'J{'~ ,2000 a RULE is hereby entered upon the Plaintiff to fIle a Complaint he in within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. */ (L-Iti ) /I. ~ / PROlHONOTARY .' , .' w:li: " t , ''I. OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Illock PAMELA AND WESLEY EMLET, PLAINTIFF IN'I)IE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tme and correct copy of Praecipe - Rule to File Comolaint to be served by regnlar frrst class mail upon: Julia Feld Caralle, Esquire 1776 South Queen Street York, PA 17403 Dated: AUl!Ust 21. 2000 -~ Attorney for Defendant ._, - ~ '~,'- ~I'1""4' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA and WESLEY EMLET , Plaintiffs CIVIL ACTION - LAW v. No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA (717) 249-3166 NOTICIA Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de I a 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 defenses 0 sus objeciones alas demandas en contra suya. Se ha avisado que si usted no se defienda, 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 PROPIEDADES o OTROS DERECHOS IMPORTANTES PARA USTED. "~ "" - B,~:' LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA (717) 249-3166 >_lilir'~':' cnMPI 41NT AND NOW, this day of September, 2000, come the Plaintiffs, by and through their attorney, Julia A. Feld Caralle, Esq., and files the following Complaint upon a cause of action whereof the following is a statement: 1. Plaintiffs, Wesley and Pamela Emlet, husband and wife, are adult individuals residing at 4030 Conewago Road, Dover, PA 17406. 2. Defendant, Laban D. Hock, is an adult individual residing at 100 Mount Allen Drive, Mechanicsburg, PA 17055. 3. On July 9,1998, approximately 10:45 a.m., Plaintiff, Pamela Emlet was a passenger in a 1996 Ford Explorer driven by Pearl!. Yoho on Route 115 in Upper Allen Township, Cumberland County, Pennsylvania. 4. Suddenly and without warning, the Defendant, Laban D. Hock, operating a 1988 Buick Century, entered the intersection of Route 114 and W. Lisburn Road, immediately into the path of the vehicle operated by Pearl I. Yoho, and in which Plaintiff, Pamela Emlet was a passenger, causing Pearl I. Yoho to strike the defendant's vehicle. 5. The foregoing collision was a direct result of the negligent and reckless driving of the Defendant and was not caused by the Plaintiff in any manner whatsoever. - .~,l COli NT I PAMFI A FMI FT V I ARAN n HOCK NFr.:IlC::FNCF 6. All preceding and succeeding paragraphs are incorporated herein by reference and made a part hereof. 7. At the aforesaid time and place, the negligence and carelessness of said Defendant, Laban D. Hock, consisted of: a. Entering the intersection directly in front of the vehicle operated by Plaintiff; b. Failing to stop and the stop sign located at the intersection of W. Lisburn Road and Route 114. c. Failing to operate his vehicle in accordance with existing traffic conditions; d. Failing to keep an adequate look out for other vehicles lawfully on the highway; e. Failing to maintain proper, safe and adequate control of his vehicle; f. Failing to apply his brakes in time to avoid the collision; g. Failing to observe Plaintiff's vehicle on the road; h. Failing to drive at a speed and in a manner that would allow him to stop his vehicle within the assured clear distance ahead; i. Failing to use due care under the circumstances; . . ,','". _, '--I ~~ . !iif~' j. Failing to exercise the high degree of care required of a motorist at an intersection; k. Failing to yield the right of way to traffic already on the highway; 8. At the time and place aforesaid, and by reason of the Defendant's negligence, Plaintiff, Pamela Emlet, suffered severe shock and damage to her physical, emotional and mental systems, both known and unknown existing weaknesses and pre-existing conditions, if any, of the Plaintiff's physical, emotional and mental systems were injured or aggravated. 9. As a direct result of the negligence of the Defendant, Plaintiff sustained painful and severe injuries, which include, but are not limited to: a. Cervical Strain b. Chronic Pain c. Fibromyalgia d. Facet syndrome L-3, C3-4 and C6-7 e. Thoracic Outlet Syndrome f. Ulnar Nerve Damage g. AC. Impingement h. Carpal Tunnel Syndrome - ~,L . , ,--, ,,~" Go"' ~~'_ 10. As a direct result of the negligence of the Defendant, Plaintiff has suffered and will continue to suffer physical pain, mental anguish, discomfort, great inconvenience, distress, humiliation, embarrassment, and loss of life's enjoyment and pleasures. 11. As a direct result of the negligence of the Defendant, Plaintiff has been forced to incur medical and hospital bills and miscellaneous expenses for her care and treatment, and will be forced to incur similar expenses in the future. 12 As a direct result of the negligence of the Defendant, Plaintiff has suffered a loss in wages and may continue to suffer a loss in wages and a loss of future earning capacity. 13. As a direct result of the negligence and carelessness of the Defendant, Plaintiff will never again return to her previous activities and routine. 14. Plaintiff, Pamela Emlet, brings this action to recover for her past and future pain and suffering, humiliation, lost wages, embarrassment, loss of life's enjoyment and pleasures, property damage, and other losses for which damages may be recovered under the laws of the Commonwealth of Pennsylvania. i~%i: 15. At the time of the accident, Plaintiff, Pamela Emlet, was insured under a policy of insurance, which provided for a full-tort option. 16. Plaintiff, Pamela Emlet, demands Judgment in an amount, which is in excess of the amount required for arbitration by the Cumberland County Local Rules. WHEREFORE, Pamela Emlet demands judgment against the Defendant in an amount in excess ofTwenty-Five Thousand and 00/100 ($25,000.00) Dollars, together with interest and costs of suit. ~nIINTII WF~I FV FMI FT V I ARAN n ...nCK I n"'~ nF cnN~nRTIIIM 17. All preceding and succeeding paragraphs are incorporated by reference herein and made part hereof. 18. As a direct result of the aforementioned injuries sustained by his wife, Plaintiff has been, and may in the future be, deprived of the care, companionship, consortium and society of his wife, all of which will be to his great detriment, and a claim is made therefore. ,: - ,"l... _,"' ~ ,_ ~~""-~0 WHEREFORE, Plaintiff, Wesley Emlet, demands Judgment against the Defendant in an amount in excess of Thirty Thousand and 00/100 ($30,000.00) Dollars, together with interest and costs of suit. pectfully submitted, v R chard Dare, Esquire 10 #18631 1776 S. Queen Street York, PA 17403 (717) 846-3000 Date: i)o-J Attorney for Plaintiffs - . ,'.,;"l'k'1' >',;, VERIFICATION L RICHARD OARE, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiffs, Pamela and Wesley Emlet, who were not available, and, as Plaintiffs attorney, he states that the facts set forth in Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief. Jr RICHARD OARE ~ ~ oJ DATED: > ~,,". ~:,":', ,. &.::i'!:i <I '" CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA " WESLEY EMLET TERM, -VS- CASE NO: 00-4303 LABAN D. HOCK HOCK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GIRARD E. RICKARDS, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/18/2000 ~c~ GIRARD E. RICKARDS, ESQUIRE Attorney for DEFENDANT DEll-207385 37415-LOl '" ~~~ ,'lie ;L, oJ " "','..i.:~.>, ~ . COMMO~ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA & WESLEY EMLET TERM, -VS- CASE NO: 00-4303 LABAN D. HOCK HOCK NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS METLIFE AUTO & HOME INSURANCE INSURANCE TO: JULIA FELD CARALLE. ESQUIRE MCS on behalf of GIRARD E. RICKARDS. ESQUIRE intends to seJOVe a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and seJOVe upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/28/2000 MCS on behalf of GIRARD E. RICKARDS, ESQUIRE Attorney for DEFENDANT CC: GIRARD E. RICKARDS. ESQUIRE SUE HAVERSTICK - 00HB-00092 - 5837B096l787/9/ Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-130976 37415-C02 ~~ 1iJiIi;F, , ...., ' \ COMMONWEALTH OF PE~~SYL VA.c"JIA COUNTY OF CUMBERLAND PAMELA AND WESLEY EMLET VS File No. 00-4303 LABAN D. HOCK SUBPOENA TO PRODUCE DOCU\iENTS OR THINGS FOR DISCOVERY PURSUA.NT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: METLXFE AUTO & HOME INSURANCE (Name of Person or Enti~ \\'ithin ~'enty (20) days after service of this subpoena, you are ordered by the court to produce the following documents 0:- ~hings: ~F.'" A'T''T'ArHFn at MC:S GROnp TNC:.. ]601 MARKET ST.. 11800, PHILA., FA 19103 (Add.-",;,) You m,zy deiiver or mail legible copies of the documents or produce things requested by this subpoena. together with the certific2:e of compliance. to the party making this request at the address listed above. You have the right to seek, in 2d\"ance. the reasonable cost of preparing the copies or produci..~ the thL.~ sought. If you !ciJ to produce the documents or things required by this subpoe112- within twe:l.~:Y (20) days after its service, the party sen"ing :his subpoena may seek a court order compelling you to comply ~-jth it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~AME: GIRARD E. RICKARDS, ESQUIRE ADDRCSS: 2] 4 SENATE AVE.. SUITE 503 CAMP HILL. PA 17011 TELEPHO~E: (215) 246-0900 SUPRE'-iE COURT 10 II: ATIOR.'\EYFOR: 'l'lt" TI"""NlWN'l' DATE: -,4t~115f J~ JftX) Prothonotary! er~ Ci\'il Division 41u~alJf ~~, .0/1 Deputy Seal of the Court (Eff.7 / 9ii j ~, ,u ,'"I ."'. .:hi . EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: METIlFE AUTO & HOME INSURANCE 825 BROOK STREET PO BOX 529 ROCKY HILL, cr 06067 RE: 37415 PAMEIA EMLET INCLUDING ENTIRE FIRST PARTY FILE INCLUDING ALL PAYMENTS MADE CLM # WF202608WF LOSS DATE:7/9/98 ClAIMANT:P AMElA EMLET Any and all claims files. Dates Requested: up to and including the present. Subject: PAMELA EMLEr 4030 CONEWAGO RD., DOVER. PA 17315 Date of Loss: 07/09/1998 5010-264730 37415-LOl ~1!iII~1!~M!!l!'_'i!t~~~dl!i.liUI"'lOO~_~~$~r,tr__lIII:jjQ~ ~~llfJiill- .,.),~t,t, "'_~,~" '''' '" ~.. If) $ ~ "~' t-~.. <", ~, :::><; U.JS:::.;:: 0-- t=~ ~~ ,!,'-- U~ ~:)~:: c: ;:J~ '~-7>- '6jS(: ('.1 5~ ',-LL~l:! n... (I:a5 UJ \.J..) COn.. en ::lE u. 0 :::> .0 C) U "",~","',v'7'-,", _ "., ,"'+,_, '~'. '",,~" ~,^- _ '0=' ,,~ ,"",' ',"- .-J ..' ~,~ "'.'~', , "~ , b' o~, -, _, II!II~_''''' ~ "t:l i I , , . .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA and WESLEY EMLET, Plaintiffs CIVIL ACTION - LAW v, No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED FNTRV OF APPFARANCF TO THE PROTHONOTARY: Please enter the appearance of undersigned counsel on behalf of the Plaintiffs in the above referenced matter. Richard Oare, Esq. 1776 S. Queen St. York, PA 17403 (717) 846-3000. Sup. Cl. 1.0.# 18631 Dated: September ~'1.--, 2000 \_~, , ,~ ~ " If. . ~ ~r, " .~.,"-"i-',," - ~", ...(,'!;~\:;;I'b!:~~'~ ,~ , CFRTIFICATF OF ~FRVICF I, Julia Feld Caralle, Esquire, hereby certify that I have this 7.-'(. day of September 2000, sent a true and correct copy of the foregoing ENTRY OF APPEARANCE to the following individual, via United States Mail, postage paid, addressed as follows: Girard E. Rickards, Esq. 214 Senate Ave. Suite 503 Camp Hill, PA 17011 Respectfully Submitted J 'a Feld Caralle, Esquire u . Ct 10. # 52027 1 TZ S. Queen Street ork, PA 17403 (717) 846-3000 Attorney for Plaintiff :;~,^" ,. "[ - "'1','- - r ~ -( , . ~Iiliffifjlil~~~-~" -"-.'liill~~~JI--;;MOl<"l~~iiPl >- S--y; ~ LL,C\ S;J /.. ~~:- St,-, cc. ,~ .LU,.,jl. L ("L_ a C.> cr: ~ 2: ~!I ~ 7 Cf) t'f~~ [fJeL ~S ~':J U 0' "t::t en I ~. U CJ o o "~~^-,~~"+"" ; ",'," -"'_,y "l"k~.C"< ,- ~,' j;d~~.-4G~.ilIl18i. ,-,'t~: . ~ ~ ' -~ "".., ,. ..I...- ._, '-'-','-,."'" , >""v. ~"~~,e""",,.-' -1,:"1 II I:,',' ~" I [ I' i , i, I, !! Ii i' I I , ,; I I I r I: 'gt~1~~~E%c:%2 ~, , - ) , .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA and WESLEY EMLET, Plaintiffs CIVIL ACTION - LAW v. No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED WiTHnRAWAI OF APPFARANCF TO THE PROTHONOTARY: Please withdraw the appearance of undersigned counsel in the above referenced matter. Respectfully submitted, Ju' Feld Caralle, Esquire p Ct ID # 52027 77 S. Queen Street rk, PA 17403 Attorney for Plaintiff Dated:September ZL-.; 2000 I..", ~~ ".~ i I J I I I I .r - , "I ~' " , Cd:-, ,--- - . CFRT:IFICATF OF ~FRVICF I, Julia Feld Caralle, Esquire, hereby certify that I have this 1A-- day of September 2000, sent a true and correct copy of the foregoing WITHDRAWAL OF APPEARANCE to the following individual, via United States Mail, postage paid, addressed as follows: Girard E. Rickards, Esq. 214 Senate Ave. Suite 503 Camp Hill, PA 17011 Respectfully Submitted Feld Caralle, Esquire up. Ct 10. # 52027 177 S. Queen Street York, PA 17403 (717) 846-3000 Altorney for Plaintiff ... .~ ;";'1.<,u"';";" J_riililsi!lFi-lil~~'~~~<ii_.,I"o:;\,l,'''''''''#h:.._'''i..;~''',",~,"~k'\;i'''~'''= _I ,.... ~ W~", ,," '';'''~''';;I-''';' , ~ ',. " ,~'" , "'" "'"-'-" ~-~" "~illi:lWlih o c:: ? -ofo rnl1; ~~: Ct.', ~C' ~(-::, :PC:: ';~ -< c:> o C> (I -I I uo ..:... . " ~~~, ~,~: ., ._r-, ...g :....) (:) '~.:; l"c') "'-';-,\'i1 ~~ -;;:;.- ::n -< __'rl' - ,~~' '~-'J: OOHB-00092 LAW OFFICES OF JACOBS & SMA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLIET, PLAINTIFF IN THE COURT OF COMMON]>LEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOUHA VB 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 Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' 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 Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 .~.__.. h ..." '-- ~ ~...;,,' OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT LABAN D. HOCK TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Laban D. Hock, by and through his attorney, Girard E. Rickards, Esquire, in support of Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' Complaint hereby avers as follows: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that Defendant Laban D. Hock is an adult individual. The remaining averments of paragraph 2 are specifically denied and strict proof thereof is demanded at the time oftrial. 3. Admitted in part, denied in part. It is admitted that on July 9, 1998, at approximately 10:45 a.m., the Plaintiff, Pamela Emlet, was a passenger in a 1996 Ford Explorer driven by Pearl I. Yoho in Upper Allen Township, Cumberland County, Pennsylvania. The remaining averments of paragraph 3 are specifically denied and strict proof thereof is demanded at the time of trial. .'., -"'~ , ~......~ ", t~,. 4. Admitted in part, denied in part. It is admitted that at the time and place referred to in the Plaintiffs' Complaint, Defendant Laban D. Hock was operating a 1988 Buick Century. It is further admitted that the Defendant entered the intersection of Route 114 and that a collision occurred at that time. The remaining averments of paragraph 4 are specifically denied and strict proof thereof is demanded at the time of trial. 5. The averments in paragraph 5 constitute a conclusion of law to which no response is required. To the extent that a response is deemed required, each and every averment of paragraph 5 is specifically denied and strict proof thereof is demanded at the time of trial. COUNT I Pamela Emlet v. Laban D. Hock Negligence 6. Paragraphs one (1) through five (5) of the Defendant's Answer with New Matter are incorporated herein by reference. 7. The averments in paragraph 7 constitute a conclusion oflaw to which no response is required. To the extent that a response is deemed required, each and every averment of paragraph 7 is specifically denied and strict proof thereof is demanded at the time of trial. 8. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 8. Therefore, each and every averment of paragraph 8 is specifically denied and strict proof thereof is demanded at the time of trial. 9. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 9. Therefore, each and every averment of paragraph 9 is specifically denied and strict proof thereof is demanded at the time of trial. .~ ~ ~ ._, - - " ~I l..:.alib~.illii" ' 10. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 10. Therefore, each and every averment of paragraph 10 is specifically denied and strict proof thereof is demanded at the time of trial. 11. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 11. Therefore, each and every averment of paragraph 11 is specifically denied and strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 12. Therefore, each and every averment of paragraph 12 is specifically denied and strict proof thereof is demanded at the time of trial. 13. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 13. Therefore, each and every averment of paragraph 13 is specifically denied and strict proof thereof is demanded at the time of trial. 14. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 14. Therefore, each and every averment of paragraph 14 is specifically denied and strict proof thereof is demanded at the time of trial. 15. Each and every averment of paragraph 15 is specifically denied and strict proof thereof is demanded at the time of trial. To the contrary, Defendant believes and therefore avers that at all times relevant hereto, Plaintiff Pamela Emlet was insured. under a policy of motor vehicle insurance that provided for a limited tort option. 16. The averments in paragraph 16 constitute a conclusion oflaw to which no response is required. To the extent that a response is deemed required, each and every averment of paragraph 16 is specifically denied and strict proof thereof is demanded at the time of trial. ~> ~ ~ - . -~,< WHEREFORE, Defendant Laban D. Hock respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNT II Weslev Emlet v. Laban D. Hock Loss of Consortium 17. Paragraphs one (1) through sixteen (16) of the Defendant's Answer with New Matter are incorporated herein by reference. 18. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 18. Therefore, each and every averment of paragraph 18 is specifically denied and strict proof thereof is demanded at the time oftrial. WHEREFORE, Defendant Laban D. Hock respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 19. At all times relevant hereto, Plaintiff Pamela Emlet was an insured under a policy of motor vehicle insurance that provided for a limited tort option. 20. As a result of the accident referred to in the Plaintiffs' Complaint, the Plaintiff did not suffer a serious injury as that term is defined in the Pennsylvania Motor Vehicle Financial Responsibility Act. 21. The Plaintiffs' claims for non pecuniary damages are barred by the limited tort option. 22. The Plaintiff's claims for medical expenses and wage loss are barred, or should be reduced in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Act. ~"" ~ ~~ ~ ,""- "". . 1_ J '1llP-W WHEREFORE, Defendant Laban D. Hock respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. Respectfully submitted, Date: October 1 L 2000 By: t irard . Rickards, Esquire Attorney for Defendant Identification No. 58867 I' ,:;' I .~ J. "_"IUuir~'..J " . '--.n:' OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp HilI, PA 17011 Telephone Number: (717) 731-0988 Attorne S for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED I:i I I "I' VERIFICA TION !: [:, I, Laban D. Hock, verify that the statements made in the foregoing Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' Complaint 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 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Dated: 10/ ~ /CO ~~J)r ~ Laban D. Hock, l5efenw6if :, ~~ ~ _.~~~,. .~ .J -' "_." _~ I ~'~~""'"-- -w~~~ ' ". ~ifimki OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' Complaint to be served by certified mail, return receipt requested upon: Richard Oare, Esquire 1776 South Queen Street York, PA 17403 Dated: October 11. 2000 ~ --- Girard E. Rickards, Esquire Attorney for Defendant =" ~~" ~"'....."""- ',"",'''') I 1 OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne S for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. LABAN D. HOCK, DEFENDANT No. 00-4303 VS. PEARL I. Y OHO, ADDITIONAL DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED NOTICE YOU HA VB 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 Additional Defendant 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 Arlrlitional Defendant Complaint or for any other claim or relief requested by the Plaintiffs and Defendant. 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 - - , .~ - '., ''''''''' .~-,..,^ OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. LABAN D. HOCK, DEFENDANT No. 00-4303 VS. PEARL I. Y OHO, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ADDITIONAL DEFENDANT COMPLAINT AND NOW, this day of October, 2000, comes the Defendant, Laban D. Hock, by and through his attorney, Girard E. Rickards, Esquire, and flles the following Additional Defendant Complaint upon a cause of action whereof the following is a statement: 1. Plaintiffs, Wesley and Pamela Emlet, are adult individuals residing at 4030 Conewago Road, Dover, Pennsylvania 17406. 2. Defendant, Laban D. Hock, is an adult individual residing at 100 Mount Allen Drive, Mechanicsburg, Pennsylvania 17055. ~ .-~ I" " ~ m/f,:,' 3. Additional Defendant, Pearl I. Yoho, is an adult individual residing at R.D.#l, Box 1412, Brodbecks, Pennsylvania 17329. 4. On or about September 8,2000, the Plaintiffs filed a Complaint against Defendant, Laban D. Hock. A true and correct copy of the Plaintiffs' Complaint is attached hereto as Exhibit "A" and is incolporated herein by reference without admission or adoption. 5. On or about October 11, 2000, Defendant, Laban D. Hock, filed an Answer with New Matter. A tme and correct copy of the Defendant's Answer with New Matter is attached hereto as Exhibit "B" and incolporated herein by reference. 6. On July 9, 1998, at approximately 10:45 a.m., Additional Defendant, Pearl I. Yoho, was driving a 1996 Ford Explorer on Route 114 in Upper Allen Township, Cumberland County, Pennsylvania. 7. At all times relevant hereto, Additional Defendant, Pearl!. Yoho, was the driver of the vehicle in which Plaintiff, Pamela Emlet, was a passenger. 8. The collision referred to in the Plaintiffs' Complaint was a direct result of the negligence, carelessness and recklessness of Additional Defendant, Pearl!. Yoho, in that she: a. Operated her vehicle at a speed that was excessive under the conditions and circumstances then and there existing; b. Failed to be alert and attentive for the presence of other motor vehicles lawfully on the highway; c. Failing to maintain adequate control over the vehicle she was driving; d. Failing to take proper evasive action to avoid the collision; e. Failed to maintain proper, safe and adequate control of her vehicle; ~ ~ '~ " L' , ~'~Ii~jf"'-'i f. Failed to apply her brakes in time to avoid the collision; g. Failed to drive her vehicle at a speed in a manner that would allow her to stop within the assured clear distance ahead; and h. Was otherwise negligent. 9. In the event that it is judicially determined that the Plaintiffs suffered any injuries or damages as a result of the motor vehicle accident referred to in the Plaintiffs' Complaint, then in that event, Defendant Hock herein avers that said injuries and damages were caused by the negligence, carelessness, and recklessness of Additional Defendant, Pearl I. Y oho. 10. Defendant, Laban D. Hock, herein joins Additional Defendant, Pearl 1. Y oho, for contribution and indemnity and demands judgment in his favor and against all other parties. WHEREFORE, Defendant, Laban D. Hock, respectfully requests your Honorable Court to enter judgment in his favor and against all other parties and herein joins Additional Defendant, Pearl 1. Y oho, for contribution and/or iNdemnification. Respectfully submitted, Date: 1!J/2~/t1V I / By: . Girard . Rickards, Esquire Attorney for Defendant Laban D. Hock Identification No. 58867 -,- u.~b. OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. !Jock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED VERIFICA TION I, Laban D. Hock, verify that the statements made in the foregoing Additional Defendant Complaint 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 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Dated: It) -:u - & 0 ,~t<{.~ Laban D. Hock, Defendant . , .~~ "<f">1l'AAit-- OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. LABAN D. HOCK, DEFENDANT No. 00-4303 VS. PEARL I. Y OHO, ADDITIONAL DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of Additional Defendant Complaint to be served by regular fIrst class mail upon: Richard Oare, Esquire 1776 South Queen Street York, PA 17403 and service by the York County Sheriff upon: Pearl!. Y oho R.D. #1 Brodbecks, PA 17329 Girard E. Rickards, Esquire Attorney for Defendant Dated: October 25. 2000 , i ".~ " --lUl,,"-"_ . '," GOHB- 000 1~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA and WESLEY EMLET, Plaintiffs . CIVIL ACTION - LAW v. No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint'and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar AssoC(iation 2 Liberty Avenue Carlisle, PA (717) 249-3166 NOTICIA Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de I a 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 suya. Se ha avisado que si usted no se defienda, 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 PROPIEDADES o OTROS DERECHOS IMPORTANTES PARA USTED. ,l'fp o be ~ ~ , ,. -" - _. , -~ "",",- '-. ..,~-----. LLEVE-ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERfGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA (717) 249-3166 , . , ~ illlli1,;:. " ,"_~.", . "'-_ .1 . I.iij~, r.nMPI 41NT AND NOW, this day of September, 2000, come the Plaintiffs, by and through their attorney, Julia A. Feld Caralle, Esq., and files the following Complaint upon a cause of action whereof the following is a statement: 1. Plaintiffs, Wesley and Pamela Emlet, husband and wife, are adult individuals residing at 4030 Conewago Road, Dover, PA 17406. 2. Defendant, Laban D. Hock, is an adult individual residing at 100 Mount Allen Drive, Mechanicsburg, PA 17055. 3. On July 9,1998, approximately 10:45 a.m.,Plaintiff, Pamela Emlet was a passenger in a 1996 Ford Explorer driven by Pearl I. Yoho on Ro~te 115 in Upper Allen Township, Cumberland County, Pennsylvania. 4. Suddenly and without warning, the Defendant, Laban D. Hock, operating a 1988 Buick Century, entered the intersection of Route 114 and W. Lisburn Road, immediately into the path of the vehicle operated by Pearl I. Yoho, and in which Plaintiff, Pamela Emlet was a passenger, caUSing Pearl I. Yoho to strike the defendant's vehicle. 5. The foregoing collision was a direct result of the negligent and reckless driving of the Defendant and was not caused by the Plaintiff in any manner whatsoever. - COIINTI PAMFI A FMI FT V I ARAN n J.lOCK NFc::r Ir.FNCF 6. All preceding and succeeding paragraphs are incorporated herein by reference and made a part hereof. 7. At the aforesaid time and place, the negligence and carelessness of said Defendant, Laban D. Hock, consisted of: a. Entering the intersection directly in front of the vehicle operated by Plaintiff; b. Failing to stop and the stop sign located at the intersection of W. Lisburn Road and Route 114. , c. Failing to operate his vehicle in accordance with existing traffic conditions; d. Failing to keep an adequate look out for other vehicles lawfully on the highway; e. Failing to maintain proper, safe and adequate control of his vehicle; f. Failing to apply his brakes in time to avoid the collision; g. h. Failing to observe Plaintiff's vehicle on the road; Failing to drive at a speed and in a manner that would allow him to stop his vehicle within the assured clear distance ahead; i. Failing to use due care under the circumstances; .," '..... M , . . '" .'.' c._, ",'I "''',' ~~, . .1 j. Failing to exercise th1e high degree of care required of a motorist at an intersection; k. Failing to yield the right of way to traffic already on the highway; 8. At the time and place aforesaid, and by reason of the -Defendant's negligence, Plaintiff, Pamela Emlet, suffered severe shock and damage to her physical, emotional and mental systems, both known and unknown existing weaknesses and pre-existing Conditions, if any, of the Plaintiff's physical, emotional and mental systems were injured or aggravated. 9. As a direct result of the negligence of the Defendant, Plaintiff sustained painful and . severe injuries, which include, but are not limited to: a. Cervical Strain b. Chronic Pain c. Fibromyalgia d. Facet syndrome L-3, C3-4 and C6-7 e. Thoracic Outlet Syndrome f. Ulnar Nerve Damage g. AC. Impingement h. Carpal Tunnel Syndrome ~'~ . . '" " '. ~ I ~~""' < - ';'" h~ , ~ ~ ....;"- 10. As a direct result of the negligence of the Defendant, Plaintiff has suffered and will continue to suffer physical pain, mental anguish, discomfort, great inconvenience, distress, humiliation, embarrassment, and loss of life's enjoyment and pleasures. 11. As a direct result of the negligence of the Defendant, Plaintiff has been forced to incur medical and hospital bills and miscell?neous expenses for her care and treatment, and will be forced to incur similar expenses in the future. 12 As a direct result of the negligence of the Defendant, Plaintiff has suffered a loss in wages and may continue to suffer a loss in wages .and a loss of future earning capacity. 13. As a direct result of the negligence and carelessness of the Defendant, Plaintiff will never again return to her previous activities and routine. 14. Plaintiff, Pamela Emlet, brings this action to recover for her past and future pain and suffering, humiliation, lost wages, embarrassment, loss of life's enjoyment and pleasures, property damage, and other losses for which damages may be recovered under the laws of the Commonwealth of Pennsylvania. -. . , 't." ."" ~ ';iU( 15. At the time of the accident, Plaintiff, Pamela Emlet, was insured under a policy of insurance, which provided for a full-tort option. 16. Plaintiff, Pamela Emlet, demands Judgment in an amount, which is in excess of the amount required for arbitration by the Cumberland County Local Rules_ WHEREFORE, Pamela Emlet demands judgment against the Defendant in an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars, together' with interest and costs of suit. r:OI INT II WF~I FV FMI FT V I ARAN n Hnr:K I n~~ 01: r:nN~nRTIIIM 17. All preceding and succeeding paragraphs are incqrporated by reference herein and made part hereof. 18. As a direct result of the aforementioned injuries sustained by his wife, Plaintiff has been, and may in the future be, deprived of the care, companionship, consortium and society of his wife, all of which will be to his great detriment, and a claim is made therefore. - .~. .-, " l" ",' " "-"~,,,: '1 WHEREFORE, Plaintiff, Wesley Emlet,'demands Judgment against the Defendant in an amount in excess of Thirty Thousand and 00/100 ($30,000.00) Dollars, together with interest and costs of suit. ~t RIchard Oare, Esquire ID #18631 1776 S. Queen Street York, PA 17403 (717) 846-3000 pectfully submitted, Date: I Ci <6 C;,/ J Attorney for Plaintiffs , ~'*"> VERIFICATION '. L RICHARD OARE, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiffs, Pamela and Wesley Emlet, who were not available, and, as Plaintiffs attorney, he stales that the facts set forth in Plaintiffs' Complaint are hue and correct to the best of his knowledge, information and belief. _11 G--- RICHARD OARE DATED: c, ~ Ic,J , ~. ". M~', " " , , OOHB-00092 = LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED e, :-:-) , ~ , : " '_".:) "., " 1 .. .. .. , t':.., .. .. , , - /,: " .. -~. i .. -', , :::; .. VS. No. 00-4303 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 Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' 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 ajudgment may be entered against you by the court without further notice for any money claimed in the Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 " ,'(.';- . "'01; -- " .s '] , " -v." , ~ : '_' ",I '. "\/;tn;'. OOHB-00092 = LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D, Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CML ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT LABAN D, HOCK TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Laban D. Hock, by and through his attorney, Girard E. Rickards, Esquire, in support of Answer with~ew Matter of Defendant Laban D. I Hock to Plaintiffs' Complaint hereby avers as follows: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that Defendant Laban D. Hock is an adult individual. The remaining averments of paragraph 2 are specifically denied and strict proof thereof is demanded at the time of trial. 3. Admitted in part, denied in part. It is admitted that on July 9, 1998, at approximately 10:45 a.m., the Plaintiff, Pamela Emlet, was a passenger in a 1996 Ford Explorer driven by Pearl 1. Yoho in Upper Allen Township, Cumberland County, Pennsylvania. The remaining averments : of paragraph 3 are specifically denied and strict proof thereof is demanded at the time of trial. " ~, ^- ",",',' .-" I ~- ~~" , 4. Admitted in part, denied in part. It is admitted that at the time and place referred to in the Plaintiffs' Complaint, Defendant Laban D. Hock was operating a 1988 Buick Century. It is further admitted that the Defendant entered the intersection of Route 114 and that a collision occurred at that time. The remaining averments of paragraph 4 are specifically denied and strict proof thereof is demanded at the time of trial. 5. The avennents in paragraph 5 constitute a conclusion oflaw to which no response is required. To the extent that a response is deemed required, each and every averment of .' paragraph 5 is specifically denied and strict proof thereof is demanded at the time of trial. COUNT I Pamela Emlet v. Laban D. Hock Negligence 6. Paragraphs one (I) through five (5) of the Defendant's Answer with New Matter are incorporated herein by reference. 7. The avennents in paragraph 7 constitute a conclusion oflaw to which no response is required. To the exient that a response is deemed required, each and every averment of paragraph 7 is specifically denied and strict proof thereof is demanded at the time of trial. 8. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 8. Therefore, each and every averment of paragraph 8 is specifically denied and strict proof thereof is demanded at the time of trial. 9. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 9. Therefore, each and every averment of paragraph 9 is specifically denied and strict proof thereof is demanded at the time of trial. " -- ~" L- ,'. ~1r.',""". " . 1 O. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 10: Therefore, each and every averment of paragraph 10 is specifically denied and strict proof thereof is demanded at the time of trial. 11. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 11. Therefore, each and every averment of paragraph 11 is specifically denied and strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, the Defendant is without sufficient knowledge W form a belief as to the truth ofthe averments of paragraph 12. Therefore, each and every averment of paragraph 12 is specifically denied and strict proof thereof is demanded at the time of trial. 13. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 13. Therefore, each and every averment of paragraph 13 is specifically denied and strict proof thereof is demanded at the time of trial. 14. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 14. Therefore, each and every averment of paragraph 14 is specifically denied and strict proof thereof is demanded at the time of trial. 15. Each and every averment of paragraph 15 is specifically denied and strict proof thereof is demanded at the time oftrial. To the contrary, Defendant believes and therefore avers that at all times relevant hereto, Plaintiff Pamela Emlet was insured under a policy of motor vehicle insurance that provided for a limited tort option. 16. The avennents in paragraph 16 constitute a conclusion oflaw to which no response is required. To the extent that a response is deemed required, each and every averment of -- paragraph 16 is specifically denied and strict proof thereof is demanded at the time of trial. l '....,. '~ .. ...;--~ - ,',"- ~ ,- '""""" . . . . = WHEREFORE, Defendant Laban D. Hock respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNT II Weslev Emlet v. Laban D. Hock Loss of Consortium 17. Paragraphs one (1) through sixteen (16) of the Defendant's Answer with New Matter are incorporated herein by reference. 18. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 18. Therefore, each and every averment of paragraph 18 is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Laban D. Hock respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER. , 19. At all times relevant hereto, Plaintiff Pamela Emlet was an insured under a policy of motor vehicle insurance that provided for a limited tort option. 20. As a result of the accident referred to in the Plaintiffs' Complaint, the Plaintiff did not suffer a serious injury as that term is defined in the Pennsylvania Motor Vehicle Financial Responsibility Act. 21. The Plaintiffs' claims for non pecuniary damages are barred by the limited tort option. 22. The Plaintiff s claims for medical expenses and wage loss are barred, or should be reduced in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Act. ~ ~' L". .~-"""" ,J". "",,", ''1''nl .. . 4 ,. ., . WHEREFORE, Defendant Laban D. Hock respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. Respectfully submitted, Date: October 11. 2000 By: LAW 0 C!lS Of JACO !$ & SABA ~~- _ irard E. Rickards, Esquire Attorney for Defendant IdentifIcation No. 58867 , -- ",.' , .. I L ",",," " ,,' 'f_,." "m~, ,- . . . , .. -I' . OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D, Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, No, 00-4303 LABAND, HOCK, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED VERIFICA TION I, Laban D. Hock, verify that the statements madein the foregoing Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' Complaint 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 Pa.C.S.A. ~4904, relating to unsworn falsifIcation to authorities. Dated: /{)/9bt;i ~~:?~tJ ~ Laban D. Hock, Defenwfu1 ,- ~~"~ " ~ ~ ,,_', I " l:oI'lE.k, 'i.J' i , II oH J .. " , OOHB-00092 ~ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D, Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant , herein, and that he caused a true and correct copy of Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' Complaint to be served by certified mail, return receipt requested upon: Richard Oare, Esquire 1776 South Queen Street York, PA 17403 Dated: October 11. 2000 ~~ ------ Girard E. Rickards, Esquire Attorney for Defendant -- " :", ~' , .-, j. O~ ':';<::;'\1 .... , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No, 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL 1. YOHO, Additional Defendant. PR<\ECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTIIONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire and Thomas B. Sponaugle, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Additional Defendant, Pearl 1. Y oho, in the above-captioned matter and mark the docket accordingly. BY KLER, LERMAN, OS & CALKINS BY ~.. Date: i\.~ (y an Attorneys for the Additional Defendant 110 South Northern Way York, PA 17402 Telephone: (717)757-7602 ~\.. -, 1:- . ~ --, '-j(~~;! .... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this rQ~ay of 1\ I ~/VI1,-JV"v , 2000, I, Robert A. Lerman, a member of the '- firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & 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: 1. Richard Oare, Jr., Esquire 1776 S. Queen Street York, PA 17403 (counsel for Plaintiffs) Gerard E. Rickards, Esquire 4705 Duke Street Harrisburg, PA 17109 (counsel for D endant, Laban D. Hock) BY: Robert A. Lerman Superior Court ID No.: 0 110 South Northern Way York,PA 17402 Telephone: (717)757-7602 Attorneys for the Additional Defendant accJtbs/yoho.prp.z """"," -::~ .,~ ~lll!I: ~- - ~ '~iilircl!" i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-04303 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMLET PAMELA ET AL VS HOCK LABAN D R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'TL DEFEND , to wit: YOHO PEARL I but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS - ADDL' DEFENDANT On November 14th, 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York County 18.00 9.00 10.00 33.00 .00 70.00 11/14/2000 NATIONWIDE ~~ R homas Kline Sheriff of Cumberland County INSURANCE Sworn and subscribed to before me this .(,,2--'-- day of~ 02vvv A.D. C~Q~.~ V Prothonotary COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST.. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES 1. PIAINTIFF/SI PameJ_a & Wesley Emle~ 3. DEFENDANT/SI Gaban D. Hock, et, a1. { 5. NAME OF INDIVIDUAL COMPANY. CORPORATI,ON. ETC. TO S.~VE OR DESCR,lPTION QF,PROPERlY TO sELEYIED, ATT~CHEO, OR SOLD. Pearl I.' voho 6. ADDRESS (STREET OR_BfO WlTR BOX NUMBER, APT. NO.. CITY. BOAO. MP.. STATE AND ZIP CODE R.D, I, Box 1412, BrodbAcks, FA )7329 7. INDICATE SERVICE: " QPERSQNAL CrE.ERSON II'rC1f!l.'RGE -OEPUTIZ 1 0 1 ST CLA.sS MAIL ,20. ),SHEI3IFF OF~K COUNTY.PA V~r1c ,COUNTYtoexe'cut . to law. This deputation being made at the request and risk of the plaintiff. _ 2. COURT NUMBER , "'n..A~n~ 4. TYPE OF WRIT OR COMPLAINT Complaint Joini~gAddl' , Def-t. SERVE .. AT NOW 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COONTY~ CUMBERLI\ND Cumberland 3'-12G~/;uf I?~ (;:/," vll-e ~ OJ2.t, \ ADVANCE FEE PAID BY CUMBERLANIl COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER Of WATCHMAN. Any deputy sheriff levying upon or attaching any property 'under within writ may [eave same without a watchman, in custody of whomever is found in possession; after notifying person of levy or attacnment, without liability on the part of such deputy or. the sheriff 10 any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYP3A~(1:B~N~ADS'~ of ATTORNEY I ORIGINATOR_ and S[GNAT~_F!E 214 SENATE AVE., STE. 503, CAMP HILL, PA 17011 12. SENQ NOTICE OF SERVICE COPY NAME AND ADOR~SS BELOW: (ThIs area must b.e completed If notice IS to be m<!ned). , O. TELEPHONE NUMBER , 1. DATE,FILED (717) 731-09-88 10/27/00 CUMBEPLAND COUNTY SHERIFF . . SPACE BELOW FOR OSE OF THE SHERIFF. DO NOT "\iRffE BELO""l'fHii'iJm:~""- 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpirationlHearing Date orcomplaJntaslndlcatedahove. J: 'LUDWIG 10/31/00 J~/26100 16. HOW _SEffilED;, PERSON8L, RESIDENCE'( POSTED ( PQE( SHERIFF'S OfF ( ) OTHER ( ) SEE REMARKS Int. ~ ~ 23. Advance CdSts '- 100.Dn. 18.00 ~34. Foreign COlJnty Costs 41. AFFIRMED and subscribed to before me this 44. Signature of nep-;- Sheriff 45. Signature of YorK ... olinty Sheriff 4?OW :3 >7; 48. DATE <t.::. UClY UI ~~'lEER ,29~,no 3 1........Li::Illi;lJ .;:;>>eal ARY i James V. Vangreen, Notary Publ_ic lAM M. HOSE I York, YOI"k County, PA 46. Signature of Foreign . My Commissia,n _Expires Jarl, 22, 2001 Coun Shenff . I ACKNOV>L~GE RE-CElPT _ , ERIFF'S RETURN SIGNATUAf:: OF AUTHOBLZED ISSUING AUTHOR!1:Y.AND. TITl.E , -= 11/6/00 49. DATE 51. DATE RE.CEIVED 1 WHITE - IssUfug Authority 2. PINK. Attomey 3. CANARY. Sheriff's Office 4,~UE - Sheriff's Office ,'-"~-L_~ .. 'r4i';ib",,_"':"~"""'-''''"\''~!!''S ~ .- J;'''':;-,;,lH_ i. C'''"", S8 21lJd 18 l~O 00, Vd')lBO" . ::l::lliBHS ::l0 301.:130 ..03^1303'e1.. ' . .. . "....:1. COUNTY OF YORK OFFiCE OF THE SHERIFF SERVICE CALL (717) 771-9601 2ll EAST MARKET ST.. YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES 1. PLAINTIFFIS/ Pa'flA- ~ r_' .t; Wesley Em~.et 2. COURT NUMBER I'"~ ", 4. TYPE OF WAIT OR COMPLAINT 3. DEFENDANtlSl ~aban D~ HOCK, ~t. a'. S..ERVE '{ 5. NAME OF INDIVIDUAL COMPANY, J~QB~Q&\TIONLETG. TQ,$~ay'E_9f1.JJ~~qUPTTON,QFPBQP:EATYTO ~ l.S'(l_I;l?~ ATTAQ!-lI;P, Qf! SOLO. I 'r,ho 6. ADDRESS (STREET OR RFO WITH aox NUMBER. APT. NQ.'J,C1TY..BORO, lWP.. STATE AND ZIP COD~ AT"" ~ I' , 8nw 141,), Rr0dbecks, PA 1 '.i~~'-1 7.INOICATESE'A'V1CE: o PERSONAL OPERSQN]~G.HAFl:G:E DEP~T1Z, mr--9: IJ:li-MfJ..!: [J1srCLASSMAIL o POSTED DOTHEA NOW ' " . "() / () n 20 1.81-1 'IFF OF~1'll< COU~1 ~~ do I:\ereoy deputize the sheriff of to Ja'; Thi~d~p~laf,on b~i~g 'ii\aCIe at the requ~~jaiJ&'~k QTlf1~Qitif~~El~U!~c '~, [I.'lQ ji?Ff[~]Jintne(~ofiiccording Sf{ERlFF OF \1.lRl\>.<;OUNTY '-;iI"j;;=; .--, . . s. SPECIAL INSTRUCTIONS OR OTHER INFO.RMATLO~ lHAl ~(I,:_r" M~!$T,r.N.~~JIl~..~_E-BY[9_E,:_ eurr:~~ ~ t a7i.:-' .,....,.,.n OUT OF C'JO!,"TY COMBEP"....AND ~ t.I ;) {? ~. ~ MJVJV'I:::E FEE PAID BY CUMBERLAND COUNTY .,? i.. NOTE ONLY A."P:PUCABLE ON WRIT OF EXECUTION; Nil~ WAWER QF WATCHMAN - ~ny dep,uty sl:le~iff levying upqn ~r ~ttaching anv.property under within,writ may leave same without a watchman, In custody of whomever i.s found in possession. after notifying person of levy or attachment. witho,ut Iiabmty on the part of such deputy or the sheriff to any plaintiff hereIn for any ]q.S~, destruction, or removal of any property before sherlIT'~,~a!~ tJ::l€!!~9t.__ 9" TYPE NAMEAND ADDRESS of ATTORNEY I ORIGINATORind_si'G'NATU"A.r;: 10. TELEPHONE NuMBER 11. DATE FILED J1ICCeS & SABA ,," " ..~., ,~- 214 $NATE AVE., STE. 503, CAMP gILL, PA 170yf' ,.e"~~'. .~..;;. 0'7' ]j;-u'H;~ 12. SEND NOrLCE OF SERVICE CQPY-NAME ANP,APImE$S _~e!"o~. fTDls; M?~ r:r:'_~~t.l;l,~.,~QlJ:lpl,~J~9" it~olige)sJo,.blil m?~~L_ n. IF.O err' 15. Expiration/Hearing Date ~"c. ...,.f9Ul '0/1, f(jv ~RlFF'~:O.fF U. _~.Q.TfiE~ ( SEE REMARKS , _.n__ Int. " , I , , +-'- ~ 'T " '----io''... ---', ;. . {,.:.,- '''-" 'I J._ - I .' 23T Advance ~ts. 100.:00 Check No. A ,(it) 35. Advance Costs 36.'servJce Costs ";, ! ~ !)(! 37. Notary Cert. 38. rJlileage/F'oslage/N.F. 40. Cost Due Qr Refund SOAN 41. AFFIRMmnd subscribed to l:Iroo,re ((l~ this 6TH 42. day of ~_~.rr:;-;-~r.:P, 20 0043~f-,::" ,., ((tlc;:';;--:~'t,,", ,.,~ "'~/NYIAHY 44. Signature of Dep. Sheriff 45. Signature of York County Sheriff 47. DATE 48, DATE 50. I ACKNOWQ;:OGE RECEIPT OF THE.SHERIF"F'S ~E:JURt\l' OF AUTHOB{ZED ISSUING AUTHORITY AND TITLE ' ,~'TF~~~P[NK' Attorney 3. CANARY, ,Sherfffs OffiCe 4, eLUE ,sb.r;ff'~c.. 46. Signature of Foreign Coun SherIff (WAlVR. 49, DATE 51. DATE RECEIVED -" .. "" C',"" , .' ,"" l'..,.'-. .'., ':,:" - . .. ~.# < - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs, PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this '}..r4ay of ~~~ ,2000, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy ofInterrogatories/Request for Production of Documents of Additional Defendant to Plaintiff, Set No, 1 by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, Jf., Esquire 1776 S. Queen Street York, PA 17403 (counsel for Plaintiffs) Gerard E. Rickards, Esquire 4705 Duke Street Harrisburg, P A 17109 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~4--- TH~E,ESQUIRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 . .: '"'-'-' ~ "i ''', ~;~ ; po <,... .., ....." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No, 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this d-'~day of r0~ ~ ,2000, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Interrogatories/Request for Production of Documents of Additional Defendant to Defendant, Set No.1 by United States Mail, addressed to the party or attorney of record as follows: 1. Richard Oare, Jr., Esquire 1776 S. Queen Street York,PA 17403 (counsel for Plaintiffs) Gerard E. Rickards, Esquire 4705 Duke Street Harrisburg, P A 17109 (coullllel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By ~~~rnRE Supreme Court LD. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 . ,''''''',,'. " ", - ~ ." '.' ; '";'~-'.~'-- , ..... ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs, PEARL I, YOHO, Additional Defendant. ORDER AND, NOW, TO WIT, this day of , 2000, upon consideration of Preliminary Objection of Additional Defendant Pearl 1. Yoho, it is hereby ORDERED and DECREED that said Preliminary Objection is sustained and the language of Paragraph 8h of Plaintiff's Complaint, "was otherwise negligent" is stricken with prejudice. BY THE COURT, Judge -'~ ~ "",0' ''', ~ ; ,I ',__ -~_,. ~.- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA WESLEY AND PAMELA EMLET, I Plaintiffs, Civil Action - Law vs. No, 2000-4303 I LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I, YOHO, Additional Defendant, PRELIMINARY OBJECTIONS OF ADDITIONAL DEFENDANT PEARL I, YOHO bbjections and in support thereof avers as follows: 1. Defendant filed a Complaint against the above-captioned Additional Defendant on October 27,2000. Attached hereto is a true and correct copy of the Additional Defendant Complaint marked as Exhibit A. 2. Paragraph 8h of Defendant' s Complaint alleges negligence, carelessness, and recklessness of Additional Defendant Pearl 1. Y oho which consisted of "was otherwise negligent" to certain allegations. I 3. The language of Paragraph 8h of Defendant's Complaint referenced as "was otherwise I negligent" must be stricken inasmuch as it contains vague and unspecific averment of alleged I r,vrongdoing which fails to appraise the Additional Defendant of the claims against her. ^ .'~ - ~" '-, ~-, .'; ,~ '~ ,-'.: -1':, " ~. 4. The language of Paragraph 8h of Defendant's Complaint "was otherwise negligent" does not conform with the requirements of Pennsylvania law regarding specific factual averments and is contrary to the Pennsylvania Supreme Court decision of Connor v. Alleghenv General Hosoital, 501 Pa. 306, 561 A.2d 600 (1983). 5. On December 6, 2000, Additional Defendant's counsel requested Defendant's counsel to contact him regarding withdrawing the particular language referenced above and provided a Stipulation to withdraw the particular language referenced above with prejudice. A copy of 6. Additional Defendant's counsel has not received an indication that Defendant's counsel Additional Defendant counsel's correspondence to Defendant's counsel, as well as the Stipulation, is attached hereto as Exhibit B. will agree to withdraw the language or insist on keeping the language in the Additional Defendant Complaint. WHEREFORE, Additional Defendant Pearl 1. Y oho respectfully requests this Honorable Court to dismiss with prejudice the language of Paragraph 8h of Defendant' s Complaint referenced as "was otherwise negligent". Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THO S BONA GLE, ESQUIRE Supreme Court 1.D. #64584 Attorney for Additional Defendant 110 South Northern Way York,PA17402 (717) 757-7602 2 -- -~'" " 11/07/00 12:30 FAX 7176372454 I ! I I I I ll111er-Hanover ~~~ HRBG CBUIS I4J 02 016 00:5:;;:)0(; I Q 09 0 ~6d2.'3 6' ot.. OOHS-00092 _ LAW OFFICES OF JACOBS & SABA 214 SeJ1ate Avenue, Suite 503 Camp JliIJ, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock P t\MELA AND \VESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. LABAN D. HOCK, DEFENDANT No. 00-4303 PEARL I. YORO, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED <S C:J = c:> 'r"-,) ,-r;. "::-;" ~. f :7!.. '":,. r--..... -<,0 ...~. - , -.." 0 n-, ::::r... ~ 1J," .::tIoo ~ ." flr .::0 __-1 -0 (I] ~ '-' :b.:t: nl "Ie. (,) ~~ ~ VS. <'...:> en " NOTICE YOU HA VB BEEN~UED IN COURT. If you wish to defend against the claims set forth . in'the following -pages, YOll must' take action within twenty (20) days after this Ailrlitinaal Defendant Complaint and Notice are served by enteling a written appearance personally or by attorney and riliDg in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so, the case may proceed without you, aod a. judgment may be entered against you by the court without further notic.e for any money cl..i"""" in the Additional Defendant Complaint or for any other claim or relief requested by the plaintiffs and Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAwYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY TRUE COPY FROM RECORD IR Testimony whereof. I here unto set my hand Court Administrator "ld th t of sak1 Cau at CartlsI8,. Pa. Fourth Floor .! d Y 0 ,>t ~umberland County Courthouse Carlisle, PA 17013 (717) 240-6200 'PT ~ ,..... ~; ~~ ' ,--" L. ".'t--i 11/0;/00 i2:30 FAX ;1763;2~5~ Miller-Hanover ~~~ HRBG CL~IMS ~03 OOHB~0092 _ , LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Rill, PA 17011 I Telephone Number: (717) 731-0988 Attorne s for Defendant, Laball D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. LABAN D, HOCK, DEFENDANT No. 00-4303 VS, PEARL I. YOHO, ADDITIONAL DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ADDITIONAL DEFENDANT COMPLAINT AND NOW, this day of October, 2000, comes the Defendant, laban D. Hock, by and through his attorney, Girard E. Rickards, Esquire. and files the following Additional Defendant Complaint upon a cause of action whereof the following is a statement: 1. Plaintiffs, Wesley and Pamela Emlet, are adult individuals Tf'.siding at 4030 Conewago Road, Dover, Pennsylvania 17406. 2. Defendant, Laban D. Hock, is an adult individual residing at 100 Mount Allen Drive, Mechanicsburg, Pennsylvania 17055. ~ ') 0 r ( c!,Jcr --~ _.~ ,~ J.,. , Sft.' ,.' 11/07/00 12:30 FAX 7li63i2~5~ 'Millet-Hanover ~~~ HRBG CL~IMS 14f04 3. Additional Defendant, Pearl L Yoho: is an adult individual residing at RD.#I. Bolt 1412, Brodbecks, Pennsylvania 17329. 4. On or about September 8, 2000, the Plaintiffs filed a Complaint against Defendant. Laban D. Hock. A true and correct copy of the Plaintiffs' Complaint is attached hereto as Exhibit" A" and is incorporated herein by reference without admission or adoption. 5. On or about October 11, 2000, Defendant, Laban D. Hock. flIed an Answer with New Matter. A UUe and correct copy of the Defendant's Answer with New Matter is attached hereto as Exhibit "B" and incorporated herein by reference. 6. On July 9, 1998, at approximately 10:45 a.m., Additional Defendant, Pearl I. . Yoho, was driving a 1996 Ford Explorer on Route 114 in Upper Allen Township, Cumberl:md County, Pennsylvania. 7. At all times relevant hereto, Additional Defendant, Pearl L Yoho. was the driver of the vehicle in which Plaintiff, Pamela Emlet, was a passenger. 8. The collision referred to. in the Plaintiffs' Complaint was a direct result of the. negligence, carelessness and recklessness of Additional Defendant. Pearl L Yoho, in that she: a, Operated her vehicle at a speed that was excessive under the conditions and circumstances then and there existing; b. Failed to be alert and attentive for the presence of other motor vehicles lawfully on the highway; c. Failing to maintain adequate control over the vehicle she was driving: d. Failing to take proper evasive action to avoid the collision; e. Failed to maintain proper, safe and adequate control of her vehicle: t( rJ-2. D '{ I .~_,~ c ~ ~ " '.."-- --"'.1', ,j 11/Q7/00 .12:30 ~~ 7176372454 .. Mllier-Hanover ~~~ HRBG CLHMS f4j05 f. Failed to apply her brakes in time to avoid the collision; g. Failed to drive her vehicle at a speed in 'a manner that would allow her to stop within the assured clear distance ahead; and /1. Was otherwise negligent. 9, In the event that it is judicially determined that the Plaintiffs suffered any injuries or damages as a r.esult of the motor vehicle accident referred to in the Plaintiffs' Complaint. then in that even~ Defendant Hock herein avers that said injuries and damages were caused by the., negligence, carelessness, and recklessness of Additional Defendant, Pearl I. Y oho. 10. Defendant, Laban D, Hock, herein joins Additional Defendant, Pearl!, Yoho. for contribution and indemnity and demands judgment in his favor and against all other parties. WHEREFORE, Defendant, Laban D. Hock, respectfully requests your Honorable Court to enter judgment in his favor and against all other p~rties and herein joins Additional Defendant, Pearl 1. Y oho, for contribution and/or indemnification. Respectfully submitted, Dale; /lJk,/CV I / PFICES OF JACOBS & SABA '~ , By: -Girard . Rickards, Esquire Attorney for Defendant Laban D, Hock Identification No. 58867_ i.L,)b~ .~" d, 1~ 11/0;/00 '12:30 F.U ;li63;2454 ~111er-Hano,er ~~~ HRBG CL~IMS @J06 OOHB..Q0092 _ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne 5 for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLUS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED V~RIFICA TION I, Laban D. Hock, verify that the statements made in the foregoing Additional i ~fendant Complaint are true a.nd comct to the best of my knowledge, inFormation anlbelief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A, 1I4904, relating to unsworn falsification to authorities. Dated: I() -1./- .,;> 0 ~r~ /J{ ~ Laban D. Hock, Defendant /)~df1 ~. ~ .~~ 7'" r' , ~" 11/07/00 12:30 ~~ 7176372454 Miller-Hanover ~~~ HRBG CL~IMS @07 0000-00092 _ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Bill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAJ'O COUNTY. PENNSYLVANIA VS, LABAN D, HOCK, DEFENDANT No. 00-4303 VS. PEARL I. YOHO, ADDITIONAL DEFENDANT CIVIL ACTION. LA W JURY TRIAL D[MANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant - - herein, and that he caused a true and correct copy of Addltional Defendant Comola;trt to be served by regular fIrst class mail upon: Richard Oare, Esquire 1776 South Queen Street York, PA 17403 and service by the York County Sheriff upon: Pearl I. Y oho R.D, tl1 Brodbecks, PA 17329 Dated : October 25. 2000 ~~ _/ fj-,)ofl Girard E. Richrds, E.,quire /Ill,...,....... r~.. r,,,f,-..~, 1. .. - -: ll/llilllll '12: 3ll FAX 71;63;2454 . Mi1ler-Hanoyer ~~~ HRBG CL~IMS I4Jll8 CJHB- ODO 1 ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PAMELA and WESLEY EM LET, Plaintiffs . CNlL ACTION - LAW v. No: 00-4303 LABAN D, HOCK. Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in' the following pages. you must take action within twenty (20) days after this Complain~1and notice are served, by entering a written appearance personally or by attomey and filing in writing with the Court your defense, or objections to the claims set forth against you. You are warned that if you fail 10 do so the case may proceed without you and a judgment may be entered against you by lhe Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs, You may lose money or property or other rights important to you , YOU SHould TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE TI-lE OFFICE SET FORTH BELOW TO FIND OUT WHeRE YOU CAN GET LEGAL HELP.. Cumberland County Bar Assm:iation 2 Liberty Avenue Carlisle, PA (717) 249-3166 NOTlr.IA Le han demandado a usted a la corte. Si usted quiare defenderse an contra estas demandas expuestas en las paginas siguientes. usted liene veinte (20) dias de plaza al partir de la fecha de I a demanda y Ie notificacion. Usted debe presenter una eparienda escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas a sus objeciones alas demand as en contra suya, Se ha avisado que si usted no se defrenda. la corte lomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier quejs 0 aJivio que es pedido en la petieion de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES a OrRas OEREGHOS IMPORTANTES PARA USTED. 5';';- 6 f ( .. ~9 Pc 1. --\ ~.". ~ ~~ , ,I., .......c 11/0i/00 '12:30 FAX ili63i2454 "'. Miller-Hanover ~~~ HRBG CLUIIS te;J09 LLEVE-ESTA DEMANDA A UN A80GADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAA DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 liberty Avenue Carlisle. PA (717) 249-3166 r;-).J 6 r ( '. " ~ ;::.~ ~" 11/07/00 12:30 FAX 7176372454 ", Miller-Hanover ~~~ HRBG CL~IMS Iilll0 r:nMPI AINT AND NOW, this day of September. 2000, come the Plaintiffs. by and through their attomey, Julia A. Feld Caralle. Esq.. and files the following Complaint upon a "o.,g.,. of action whereof the following is a statement 1. Plaintiffs, Wesley and Pamela Ernlet, husband and wife. are adult individuals residing al4030 Conewago Road, Dover, PA 17406. 2. Defendant. Laban D, Hock, is an adult individual residing a1100 Mount Allen Drive. Mechanicsburg, PA 17055. 3. On July 9,1998, approximately 10:45 a,m...Plaintiff, Pamela E=mlet was a passenger in a 1996 Ford Explorer driven by Pearl I. Yoho on Route 115 in Upper Allen Township, Cumberland County, Pennsylvania: 4. Suddenly and without waming, the Defendant, Laban D. Hock, operating B 1988 Buick Century, entered the intersection of Route 114 and W Lisbum Road, immediately Into the path of the vehicle operated by Pearl!. Yoho, and in which Plaintiff, Pamela Ernlet was a passenger, causing Pearl!. Yoho to strike the defendant's vehicle, 5. The foregoing collision was a direct result of the negligent and reckless driving of the Defendant and was not caused by the Plaintiff in any manner whatsoever, f ( )~6 11/07/00 -12: 30 FAX i1 i63i2454 ". M111E;'t"-Hanover ~~~ HRBG CLUMS II1Jll COli NT t PAMFI A F=MI FT Y I ARAN n !-lOr.1S: NFr.1 Ir.F=Nr.F 6. All preceding and succeeding paragraphs are incorporated herein by reference and made a part hereof. 7_ At the aforesaid time and place. the negligence and carelessness of said Defendant. Laban D. Hock. consisted of: a. Entering the intersection directly in front of the vehicle operated by Plaintiff; b. Failing to stop and the stop sign located at the intersection of W. Lisburn Road and Route 114. c. Failing to .operate _his vehicle in accordance with existing traffic conditions; d. Failing to keep an adequate look out for other vehicles lawfully on the highway; e_ Failing to maintain proper, safe and adequate control of his vehicle; f. Failing to apply his brakes in time to avoid the collision; g. Failing to observe Plaintiffs vehicle on the road; h. Failing to drive at a speed and in a manne~ thai would allow him to stop his vehicle within the assured clear distance ahead: i. Failing to use due care under the circumstances; ~ c;2/ l) f ! - " .~< 11107/00 12:30 ~~ 7176372454 "Millet-Hanover ___ HRBG CL-l.BIS I4J 12 j. Failing to exercise the high degree of care required of a molorist al an intersection: k.. Failing to yield the right of way to traffic already on the hignway; 8, At the time and place aforesaid, and by reason of the -Defendant's negligence, Plaintiff. Pamela Emlel suffered severe shock and damage to her physical, emotional and mental systems, both known and unknown existing weaknesses and pre-exisling conditions. if any. of the Plaintiff's physical, emotional and mental systems were injured or aggravated, 9. As a direct result of the negligence of the Defendant, Plaintiff sustained painful and severe injuries. which include. but are not limited to: a. Cervical Strain b, Chronic Pain_ c, Fibromyalgia d. Facet syndrome L-3, C3-4 and C6-7 e, Thoracic Outlet Syndrome f. Ulnar Nerve Damage g. A.C. Impingement h, Carpal Tunnel Syndrome r? ~~J) f/ ., s" 11". ; 11/0i/OO 1~:JO ~~ i1i6Ji2454 "1I111er"Hanover ~~~ HRBG CLUMS I4J 1J 10. As a direct result of the negligence of the Defendant. Plaintiff has suffered lilnd will continue to suffer physical pain, mental anguish, discomfort. great inconvenience, distress. humiliation, embarrassment, and loss of life's enjoyment and pleasures_ 11_ As a direct result of the negligence of the Defendant, Plaintiff has been forced to incur medical and hospital bills and miscellaneous expenses for her care and treatment, and will be forced to incur similar expenses in the future. 12 As a direct result of the negligence of the Defendant, Plaintiff has suffered a loss In wages and may continue to suffer a loss in wages and a loss of future earning capadty, 13. As a direct_result (If-,thenegligence and carelessness of Ihe Defendant, Plaintiff will never again return to her previous activities and routine, 14_ Plaintiff, Pamela Emlet, brings this action to recover for her past and future pain and suffering, humiliation, lost wages, embarrassment. loss of life's enjoyment and pleasures, , property damage. and other losses for which damages may be recovered under the laws of the. Commonwealth of Pennsylvania. <of) rj~ - . " , "~ ~"'''' ' -""'-il!; 1,1/07./00 1.2: 30 FAX i176372454 ".Miller-Hano,er ~~~ HRBG CLUMS 14114 15, At the time of the accident, Plaintiff, Pamela Emls!. was insured under a policy of, insurance, which provided for a full-tort option, 16. Plaintiff, Pamela Emlet, demands Judgment in an amount, which is in exc:sss of the amount required for arbitration by the Cumberland County Local Rules, WHEREFORE, Pamela Emlet demands judgment against the Defendant in an ' amount in excess of Twenty-Five Thousand and 00/100 ($25.000,00) Dollars. together-with interest and costs of suit. COIINTII WF~I 'FV FMI FT V I ARAN n HnCK I O~~ nl= cnN~nRTlIIM 17. All preceding and succeeding paragraphs are incqrporated by refarence herein and made part hereof. 18. As a direct result of the aforementioned injuries sustained by his wife, Plaintiff has been, and may in the future be. deprived of the care. companionship. consortium and society of his wife. all of which will be to his great detriment, and a claim is made therefore. ) 6 FI /2~ ) ~ " , a~ ~". 11/0rl00 12:30 ~~ i1i63i2454 -"Mlller.-Hanover ~~~ HRBG CLUMS 141.15 WHEREFORE. Plaintiff, Wesley Emlet,"demands Judgment against the Defendant in an amount in excess of Thirty Thousand and 00/100 ($30.000.00) Dollars. together with interest and costs of suit ~ (, Richard Oare. Esquire ID #18631 1776 S. Queen Street York, PA 17403 (717) 846-3000 Date: 'lj +J ] Attorney for Plaintiffs pjO f/ - ~ " . " , .~i:' 11/07/00 12:30 ~~ 7176372454 "M111er.-Banover -~~ HRBG CL-I.BIS 141.16 VERIFICATION I, RIGiARD OARE, Esquire, !being duly sworn according to law, deposes and says that he is the attorney for the Plaintiffs, Pamela and Wesley Emlet. who were not available. and, as Plaintiffs attorney, he stalEs that the facts set forth in Plaintiffs' Complaint are frue DATED: and correct 10 the best of his knowledge, information and belief. --J'I !r- RICHARD DARE (\ ~I(\.I :[yofl I ~!.J 11/0"/00 ~2:30 ~~ ili63i2454 Miller-Hanover ~~~ HRBG CL~lMS I@li OOHB.{J0092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Bill, l'A 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY . PENNSYLVANIA vs. No. 00-4303 (' , ,,- - :-. ., ; , . -. - .. . , , .. , ." - '. - - . ~ . LABAN D. HOCK, DEFENDANT CIVIL AaroN - LAW JURY TRIAL DEMANDED NOTICE YOU HA VB :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 Answer with New Matter of Defendant Laban D. Hock to Plaintiffs' COffiolaint and Notice are served by entering a written appearnnce 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 w~thout YO!l,-and ajudgment may be entered against you by the court withoutfurther notice for any money claimed in the Answer with New Mauer of Defendant Laban D. Hock to Plaintiffs' Comolaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUi\IBERLAND COUNTY : Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 t.2 O~~ i { .,~ - . . . . "," ii:&W~' Hi07 iOO .12: 30 FAX 7176372454 ". !liller-Hanover ~H HRBG CLU.IIS ,141 18 OOHB-ooon = LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA l70n Telephone Number: (717) 731.0988 Attorne s for Defendant. Laban D, Hock .' PAMELA AND WESLEY EMLET, PLAINTIFF IN TIn: COURT OF COMMON PLEAS CUMBERLAND COl!l'ol'Y, PENNSYLVANIA. VS. No. 00-4303 LABAN D, HOCK, DEFENDA.NT CIVIL ACTION . LAW JURY TRIAL DEMANDED ANSWER WlTH NEW MATTER OF DEFENDANT LABAN D. HOCK TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Laban D. Hock, by and through his attorney, Girard E. Rickards, Esquire, io support of Answer with ~ew Matter of Defendant Laban D. Hock to Plaintiffs' Comp!aint hereby avers as follows: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that Defendant Laban D. Hock is an adult individual. The remaining avennents of paragraph 2 are specifically denied and strict proof thereofis demanded at the time of trial. 3. Admitted in part, denied in parL It is admitted that on July 9.1998, at approximately 10:45 a.m., the Plaintiff, Pamela Emlet, was a passenger in a 1996 Ford Explorer driven by Pearl .' : 1. Yoho in Upper Allen Township, Cumberland County, Pennsylvania, The remaining averments ofparagrapn 3 are specifically denied and strict proof thereof is demanded at the time of trial. 5 ~6 (I -..;; -- , - ~",[',~ 11/0(/00 12:30 ~~ 7176372~5~ Miller-Hanover ~~~ HRBG CL\IMS I4i 19 . . '. ~ 4. Admitted in part, denied in part. It is .admitted that at the time and place referred to in the Plaintiffs' Complaint, Defendant Laban D, Hock waS operating a 1988 Buick CentulY. It is further admitted that the Defendant entered the intersection of Route 114 and that a collision occurred at that time. The remaining averments of paragraph 4 are specifically denied and strict proof thereof is demanded at the time of trial. 5. T~e averments in paragraph 5 constitute a conclusion of law to which no response is required. To the extent that a response is deemed required, each and every averment of ,. " paragraph 5 is specifically denied and strict proof thereof is demanded at the time of trial. COUNT I Pamela Emlet v. Laban D, Hock Nel!iilZence 6. Paragraphs one (I) through five (5) of the Defendant's Answer with New Matter are incorporated herein by reference. 7. The averments i':, paragraph 7 constitute a conclusion oflaw to which no respollse is required, To the extent that a response is deemed required, each and every averment of paragraph 7 is specifically denied and strict proof thereof is demanded at the time oftna!. 8. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 8. Therefore, each and every averment of paragraph 8 is specifically denied and strict proof thereof is demanded at the time oftnal. 9. After reasonable investigation, the Defendant is without sufficient knowledge to form a, belief as to the truth of the averments of paragraph 9, Therefore, each and every averment of > paragraph 9 is specifically denied and strict proof thereof is demanded at the time oftriat j.# t)rI _.-, .- - ~, "' '--" - c~~,i 11/0i/00 12:30 ~~ ili63i24S4 ". Mlll1>r-Hanover ~~~ HRBG CLUllS I4i 20 10. After reasonable investigation, the Defendant is without suff1cient knowledge to form a belief as to the truth of the averments of paragraph 10: Therefore, each and every averment of paragraph 10 is specifically denied and strict proof thereof is demanded at the time oftna!. 11. After reasonable investigation, the Defendant is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 11, Therefore, each and every avennent of paragraph 1 ~ is specifically denied and strict proof thereof is demanded at the time ortna!. 12. After reasonable investigation, the Defendant is without sufficient knowledge W form a belief as to the truth of the averments ofparagraph 12. Therefore, each and every averment of paragraph 12 is specifically denied and stnct proof thereof is demanded at the time of trial 13, After reasonable investigation, the Defendant is without sufficient knowledge to fann a belief as to the truth of the averments of paragraph 13, Therefore; each and every averment of paragraph 13 is specifically denied and strict proof thereof is demanded at the time oftria1. 14. After reasonable investigation, the Defendant i.s_ without sufficient knowledge to form a beliefas to the truth of the averments of paragraph 14. Therefore, each and every averment of paragraph 14 is specifically denied and strict proof thereof is demanded at the time of trial. 15, Each and every averment of paragraph 15 is specifically denied and strict proof .thereofis demanded at the time oftna\. To the contrary, Defendant believes and therefore avers that at all times relevant hereto, Plaintiff Pamela ErnIet was insured under a policy of motor vehicle insurance that provided for a limited tort option. 16. The a'r'el1Tlents in paragraph 16 constitute a conclusion ofIaw to which no response is required. To the extent that a response is deemed required, each and every averment of paragraph 16 is specifically denied and strict proof thereof is demanded at the time oftna!, JO f( {)-r . !.li:liiL'~', 11/0il00 12:30 ~~ ili63i2~54 Ml11~r-Hanover ~~~ HRBG CL~IMS I4i 21 - WHEREFORE. Defendant Laban D. Hock respectfully requests your Honorable Court to dismiss the PlaintitTs' Complaint with prejudice. COUNT II WesleY Emlet v. Laban D. Hock Loss of Consortium 17. Paragraphs one (1) through sixteen (16) of the Defendant's Answer with New Matter '. are incorporated herein by reference, 18, After reasonable investigation, the Defendant is without sufficient knowledge to form a beUef as to the truth of the averments of paragraph 18. Therefore, each and every averment of paragraph 18 is specifically denied and strict proof thereof is demanded at the time of trial, . WHEREFORE, Defendant Laban D, Hock respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice, NEW MATTER, , 19. At all times relevant hereto, Plaintiff Pamela Emlet was an insured under a polic:y of motor vehicle insurance that provided for a limited tort option. 20, As a result of the accident referred to in the Plaintiffs' Complaint, the Plaintiff did not sutTer a serious injury as that term is defined in the Pennsylvania Motor Vehicle Financial Responsibility Act. 21. ThePlaintitTs' claims for non pecuniary damages are barred by the limited tort option, 22. The Plaintiff's claims for medical expenses Ilnd wage loss are barred, or should be " reduced in accordance with the Pennsylvania Motor Vehicle Financial Responsibility Act.. , b~O f I < ~ "~~"'< 'IM'EIL, 11/07/00 12:30 ~~ 7176372454 Miller-Hanover ~-~ HRBG CL\IMS (4]22 WHEREFORE, Defendant Laban D. Hock respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice, Respectfully submitted, Date: October 11. 2000 CBS OF JAC & SABA ~~- By: - irard E. Rickards, Esquire Attorney for Defendant Identification No. 58867 . 7'''y(jY( -~ ~ ,. - .:.. '" , 11/07/00 12:JO FAX 7176J72454 Miller-Hanover ~~~ HRBG CL~IMS 14J2J 1-. oOBB-Ooon LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Rill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA t\ND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA VS, No. 00-4303 LABAN D. HOCK, DEFENDANT CIVIL ACTION - LAw .JURY TRIAL DEMANDED VERIFICA TION I, Laban D. Hock, verify that the statements made.in the foregoing Answer with New Matter of Defendant Laban:!? Hock to Plaintiffs' 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 ofPa.C.S.A. ~4904, relating to unsworn falsification to authorities. Dated: /ol}/){i ~f;"btJ) ~ r.3.ban D. Hock, ~fendM , ~. ~ ~ "' "~ "'~~J1 11/0i/00 12:30 ~~ i1i63i2~5~ Ml11~-Hanover ~~~ BRBG CLAIMS ..., '. @2~ OOHB.{)0092 _ LAW OFFICES OF JACOBS & SABA 214 Senate Avenue., Suite S03 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN 1iIE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA VS. No. 00-4303 , LABAN D. HOCK, DEFENDANT CIVIL ACTION. LAW JURY 'DUAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Dcf....n:.nt herein, and that he caused a true and correct copy of Answer with New Matter of Defendant Laban D, Hock to Plaintiffs' COllloiaint to be served by certified mail, return receipt requested upon: Richard Oare, Esquire 1776 South Queen Street York, FA 17403 Dated: October II. 2000 ~~ --- Girard E. Rickards, Esquire Attorney for Defendant .' .. , .- ~;-cl-tJ f( '.' "-'~- " "Illilb': , ... \ LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH ROBERT M. STRICKlER ROBERT A. LERMANO PETER D. SOL YMOS CHARLES 8. CALKINS PAUL G. LUTL MICHAEL B. SCHEIB'"' '110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX:- (717) 757-3783 EMAlL: QSISC@cvberia.com ANN MARGARET GRAB LISA M. DiBERNARDO THOMAS B. SPONAUGLE WAYNE E. BRADBURN, JR. MARK R. OWENS Thomas B. Sponaugle's EMAIL: Tsoonauole@qslsc.com OAlso Member MD Bar -LL.M (Taxation); also Member CT Bar *A1so Member NY and D.C. Bars December 6, 2000 Gerard E. Rickards, Esquire 4705 Duke Street Harrisburg, PA 17109 RE: Wesley and Pamela Emletv. Laban D. Hockv. Pearl I. Yoho Cumberland County C.C.P, No, 2000-4303 Dear Attorney Rickards: Please be advised that I have received the Additional Defendant Complaint in the above-referenced matter. I am requesting that you sign the enclosed Stipulation withdrawing the objectionable language of Paragraph 8h, "was otherwise negligent". Please sign the Stipulation and return it to me so that I may sign it and then file it with the Cumberland County Prothonotary. Your prompt attention to this matter is appreciated. Thank you for your attention to this matter. I look forward to hearing from you. Very truly yours, ~ THOMAS B. SPONAUGLE -- dmr/yoho.1tr Enclosure . I --.i ~ <- &tl'c , . I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs, No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I, YOHO, Additional Defendant. STIPULATION AND, NOW, this day of , 2000, it is stipulated between Gerard E. Rickards, Esquire, counsel for the Defendant, and Thomas B. Sponaugle, Esquire, counsel for the Additional Defendant, that the language in Defendant's Complaint referenced as Paragraph 8h, "was otherwise negligent" is hereby dismissed with prejudice. Gerard E. Rickards, Esquire Attorney for Defendant Thomas B. Sponaugle, Esquire Attorney for Additional Defendant ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I, YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this _ day of , 2000, I, Thomas B. Sponaugle, Esquire, a member of the firm ofGRIFFlTH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certifY that I have this date served a copy of Stipulation by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, Jr., Esquire 1776 S. Queen Street York, PA 17403 (cOUilsel for Plaintiff~) Gerard E. Rickards, Esquire 4705 Duke Street Harrisburg, P A 17109 (counsel for Defendant, Laban D. Hock) By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS THO~: Supreme Court LD. #64584 Attorney for Additional Defendant 11 0 South Northern Way York, PA 17402 (717) 757-7602 ""L'~" ,-< ~ "', "' ,'c;-'. . . . : --~- ,oc ' ...ai;;.;, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D, HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I, YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this bit. day:f.-;3--&.-Y>J:JV.... ,2000, I, Thomas B. Sponaugle, Esquire, a member of the fIrm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Preliminary Objections of Additional Defendant Pearl I. Y oho by United States Mail, addressed to the party or attorney of record as follows: 1. Richard Oare, If., Esquire 1776 S. Queen Street York, PA 17403 (counsel for Plaintiffs) Gerard E. Rickards, Esquire 4705 Duke Street Harrisburg, P A 17109 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THO LE, ESQUIRE Supreme Court LD. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ~ ~~ " - ,~"" ~ - ",'," ,,",s'i'; d'~ ~~,; " '._ "(;;T'~" ,~."."--- "-l'" :-- I;' "," . ___f<L'" ,- , - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PAMELA and WESLEY EMLET, Plaintiffs CIVIL ACTION - LAW v. No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED ANSWER TO NEW MATTER 19. Admitted. 20. Denied. Plaintiff did suffer facet syndrome L3 through Sl, disrupted disc at C3-C4 and C6-C7, with associated radiculopathies, thoracic outlet syndrome, carpal tunnel syndrome and ulnar nerve involvement all serious and requiring ongoing treatment and care. 21. Denied. 22. Denied. Plaintiff's injuries are serious in natur d therefore can be claimed. chard Oare, Esquire #18631 1434 S. George Street York,PA 17403 Plaintiff does not have a claim for wage loss. DATE: /2..-(1<;( mJ CERTIFICATE OF SERVICE I, Richard Oare, Esq., hereby certify that I have this t:) day of December, 2000, sent a true and correct copy of the foregoing PLAINTIFF'S REPLY TO NEW MATTER to the following individual, via United States Mail, postage paid, addressed as follows: Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, P A 17402 Gerard E. Rickards, Esquire Law Offices ofJacobs & Saba 4705 Duke Street Harrisburg, P A 17109 ) Richard Oare, Esq. Attorney for Plaintiff 1776 S. Queen Street York,PA 17403 (717) 846-3000 DATED: (2-/ Ie) fJl) ~.. ,",' "", '-'..,'-.-' ~' ~'Igh,.-I) .. "," - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs, No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. ).>EARL I. YOHO, Additional Defendant. STIPULATION I AND, NOW, "'" f ,u<-..y of ,Tn' -"r ' 2001, it " ,tipill"'" bctwren Girard E. Rickards, Esquire, counsel for the Defendant, and homas B. Sponaugle, Esquire, counsel for the Additional Defendant, that the language in Defendant's Complaint referenced as Paragraph 8h, "was otherwise negligent" is hereby dismissed with prejudice. ~~ ~ G,rard E. Rickards, Esquire Attorney for Defendant Thomas B. Sponaugle, Esquire Attorney for Additional Defendant ,'.',", "',- " ' "~, -'J :$,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY ANDPAMELAEMLET, Plaintiffs, Civil Action - Law vs. No, 2000-4303 I LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, I Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this I D hk day of ~ ' 200', I, Thomas B. Sponaugle, Esquire, a member of the fIrm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Stipulation by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, JI., Esquire 1776 S. Queen Street York,PA17403 (counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THOMA~~QUIRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 -j- ,,", ..r -:.~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs, No. 2000-4303 LABAN D, HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. PRAECIPE TO THE PROTHONOTARY: Additional Defendant withdraws her Preliminary Objections of Additional Defendant to Defendant's Complaint, as defense counsel has agreed to sign a Stipulation withdrawing the objectionable language making the Preliminary Objections mute. By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS rno~~ Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ~ - ' " c" ,L' .'-.;, ., " '~ ~tl ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. rEARL I. YOHO, Additional Defendant. CER'IlIFICATE OF SERVICE AND NOW, this l'tllA-\ day of ~""""""O-, 2001, I, Thomas B. Sponaugle, Esquire, a member ofthe firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, Jr., Esquire 1776 S. Queen Street York,PA 17403 (counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CAL By: AUGLE, ESQUIRE Supreme Court 1. . #64584 Attorney for Additional Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 ~ 4)[ ", " ,- ' <, '-""-'-<-"-1-'(" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No, 2000-4303 LABAN D, HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. NOTICE TO PLEAD To: Laban D. Hock c/o Gerard E. Rickards, Esquire 4705 Duke Street Harrisburg, P A 17109 You are hereby notified to file a written response to the enclosed Answer & 2252(d) New Matter to Additional Defendant Complaint, within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THO~ Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York,PA17402 (717) 757-7602 ,~iJ , "-~ ,-~, .'., ",< "liiif4:,i i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No, 2000-4303 LABAN D, HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. ANSWER & 2252(d) NEW MATTER TO ADDITIONAL DEFENDANT COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is specifically that the collision referred to in the Plaintiff's Complaint was a , direct result of the negligence, carelessness, and recklessness of Additional Defendant, Pearl 1. Y oho, in that she: a. Operated her vehicle at a speed that was excessive under the conditions and circumstances then and there existing; b. Failed to be alert and attentive for the presence of other motor vehicles lawfully on the highway; c. Failing to maintain adequate control ofthe vehicle she was driving; .. '~,' ~ ~'. --, ',.-,",., ~ - ~' .c," -"" d. Failing to take proper evasive action to avoid the collision; e. Failed to maintain proper, safe, and adequate control of her vehicle; f. Failed to apply her brakes in time to avoid the collision; and g. Failed to drive her vehicle at a speed in a manner that would allow her to stop within the assured clear distance ahead. On the contrary, at all times relevant hereto, Additional Defendant, Pearl I. Y oho, acted in a careful, lawful, and prudent manner with due care under the circumstances and was not negligent, careless, or reckless in any manner, and strict proof thereof is demanded. 9. Denied. It is specifically denied that any injuries and damages suffered by the Plaintiff in this accident were caused by the negligence, carelessness, and recklessness of Additional Defendant, Pearl I. Y oho. On the contrary, at all times relevant hereto, Additional Defendant, Pearl I. Y oho, acted in a careful, lawful, and prudent manner with due care under the circumstances and was not negligent, careless, or reckless for the happening of this accident, and strict proof thereof is demanded. The remaining allegations in Paragraph 9 are denied as a conclusion of law to which no response is required. 10. Denied. Paragraph 10 is a conclusion of law to which no response is required. WHEREFORE, Additional Defendant, Pearl I. Yoho, respectfully requests this Honorable Court to enter judgment in her favor and against all of the parties, plus costs of suit. By way of further response, the following 2252(d) New Matter is asserted: NEW MATTER 11. Paragraphs 1 through 10 ab@ve are incorporated herein by reference as though set forth I in full. I I 2 "' -"",",-",,,. .-;.,:~" , '.,. ,'J ," . ,~, ',,, 12. Liability on the part of Additional Defendant, Pearl 1. Yoho, is specifically denied. If the averments contained in Additional Defendant Complaint, said averments being specifically denied as they may be related to Additional Defendant, Pearl 1. Y oho, the injuries and damages complained of were caused solely by Defendant Laban D. Hock. 13. In the event of a finding ofliability against Additional Defendant, Pearl 1. Y oho, which liability is specifically denied, Additional Defendant, Pearl 1. Y oho, hereby asserts her full right to indemnification and contribution against Defendant, Laban D. Hock, on the basis that Defendant Laban D. Hock is alone liable, liable over, or jointly and severally liable to the Plaintiff. 14. Defendant Laban D. Hock has been joined herein to protect the rights of indemnity of Additional Defendant, Pearl 1. Yoho. WHEREFORE, Additional Defendant, Pearl 1. Yoho, demands that any judgment in favor of the Plaintiff be entered solely against Defendant Laban D. Hock. In the alternative, Additional Defendant, Pearl 1. Y oho, demands that in the eventthatjudgment is entered against her, any liability on her part being specifically denied, said judgment should be entered jointly and severally against Defendant Laban D. Hock, together with Additional Defendant, Pearl 1. Yoho, or that Defendant Laban D. Hock be held liable over to Additional Defendant, Pearl 1. Y oho, for contribution and/or indemnity. 3 ." '. ,~ lIilk"~l GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~~~ ~ THO~~~QUIRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 4 m~< ~~ " , ~'I , ' '-'^< <, " ' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs, PEARL I. YOHO, Additional Defendant. 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. g 4904, relating to unsworn falsification to authorities. Date: ld - i?- 00 ~~~ S '~<Db_ PEARL 1. YOHO ., ;""j . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this /0 IJ- day of ~w"""-I ' 200~, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Answer & 2252(d) New Matter to Additional Defendant Complaint by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, Jr., Esquire 1776 S. Queen Street York, PA 17403 (counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By TI~~~E Supreme Court LD. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757..7602 ,j ~ < ._ ~' C," ; " ", '.', L :-, ,~. ,--, '~i'; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, vs. LABAN D. HOCK, Defendant, vs. PEARL I. YOHO, Additional Defendant. AND, NOW, TO WIT this Civil Action - Law No. 2000-4303 JURY TRIAL DEMANDED ORDER I '7" day of <Ja..UJ , 2001, upon consideration of Motion to Compel Plaintiffs Answers to Interrogatories/Request for Production of Documents of Additional Defendant to Plaintiff, Set No.1, it is hereby ORDERED that the 14;0"" tI Plaintiff <llhmit "omFl\lt1l ami vumplcllt:nsivt: ",,,.,\.oIS to moving Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, within Z 0 days from the j'Cr1l1"':" ~ date of this Order. A BY THE COURT, M' .,__ ~.. '~.I~Ii:IIIii. "'''''l~l~litl!li_~ _~;_''';''''h ',"->-- .,".~, .d.:l;i~ 'v'lNVA1ASNNiId ., AlNtlOO ONV1839WnO BOI1Wd 61NVrlO ;:~- . lW;('" '0' .." ",ii... 0 i\Qv'ltJN1Hl. Go :.it.u. j 30l:l~(},Q311::J .,~, ",-L " .' :,' I I ! I I , I I I I I I ,,- ",-, " -~ ',,-, " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, lPENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORlES/REOUEST FOR PRODUCTION OF DOCUMENTS OF ADDITIONAL DEFENDANT TO PLAINTIFF. SET NO, I AND NOW, TO WIT, this JOq, day of ~_ ,2001, comes the Additional Defendant, Pearl 1. Yoho, by her counsel, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, and files the following Motion to Compel Plaintiff's Answers to Interrogatories/Request for Production of Documents of Additional Defendant to Plaintiff, Set No. 1, as follows: 1. On or about November 22, 2000, Additional Defendant, Pearl 1. Y oho, propounded a set ofInterrogatories and Request for Production of Documents, Set No.1, to the Plaintiff. Copies of said Interrogatories and Request for Production of Documents were filed with the York County Court of Common Pleas on or about November 27,2000. 2. Said discovery responses were due on or before December 22, 2000. 3. As of present, defense counsel still has not received any responses to the Interrogatories/Request for Production of Documents sent to the Plaintiff. . , " ,.' ,'" ", "~ ',I ,'~ "(jli,j 4. The submission of these discovery requests constitutes the first stage of discovery which would afford moving Additional Defendant the opportunity to identify potential trial witoesses and trial evidence, including experts, and discovery information relevant to the alleged damages claimed by actual witoesses. WHEREFORE, Additional Defendant, Pearl J. Y oho, respectfully requests this Honorable Court to issue a verdict compelling Plaintiff to respond to Interrogatories and Request for Production of Documents of Additional Defendant to Plaintiff, Set No.1, within 30 days from the date of this Order. By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS THOMA~~RE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717)757-7602 2 .-' '"~, ~' '~, ", , " - -, - ,- '~ ',","';~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL J, YOHO, Additional Defendant, CERTIFICATE OF SERVICE AND NOW, this ) 0 4.. day of ~, 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certif'y that I have this date served a copy of Motion to Compel PlaintiWs Answers to InterrogatorieslRequest for Production of Documents of Additional Defendant to Plaintiff, Set No.1 by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, Jr., Esquire 1776 S. Queen Street York, PA 17403 (counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKIN By: THO S B 0 AUGLE, ESQUIRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 . '-' -'- , '.';;'" c; ,- '-~~-"';'J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. BRIEF IN SUPPORT OF MOnON TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORlES/REOUEST FOR PRODUCTION OF DOCUMENTS OF ADDITIONAL DEFENDANT TO PLAINTIFF. SET NO, 1 1. STATEMENT OF RELEVANT FACTS AND PROCEDURAL HISTORY: See Motion of Additional Defendant, Pearl I. Yaha, to Compel Plaintiff ta Respond to InterrogatorieslRequest for Production of Documents of Additional Defendant to Plaintiff, Set No. 1. II. ISSUE: A. WHETHER PLAINTIFF SHOULD BE COMPELLED TO COMPLETELY AND COMPREHENSlVEL Y RESPOND TO ADDITIONAL DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO.1. Suggested answer: Yes. III. ARGUMENT: Rule 40l9(a)(I) provides that the court may, upon motion, make an appropriate order if (I) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005; (vii) a party in response to request for production made under Rille 4009 fails to respond to - ~~, ' ~ '" the request; and (viii) a party or a person otherwise fails to make discovery or to obey an order of court respecting discovery. Rule 40 1 9(a)(2) provides that a failure to act described in subdivision (a)(l) of Rule 4019 may not be excused on the ground that discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order. Rule 40l9(c) provides that the court, when acting under subdivision (a) of this Rule may make order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibit him from introducing in evidence designated documents, things or testimony or from introducing evidence of physical or mental condition; and/or enter an order (Pa.R.C.P. 4019(c)(2)), striking out pleadings or parts thereof or enter a judgment of non pros or by default against the disobedient party, or (Pa.R.C.P. 40l9(c)(3)) issue such order with regard to the failure to make discovery as is just (PaRC.P. 40l9(c)(5)). Rule 40 19(9)( 1) also provides that sanctions in the nature of reasonable expenses, including attorney's fees, incurred on obtaining am order of compliance and an order for sanctions may be opposed against the disobedient parties. In the instant case, Plaintiff has failed to respond to Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, served upon the Plaintiff on or about November 22, 2000, Additional Defendant has requested Plaintiff to respond to these discovery requests. Pennsylvania Rule of Civil Procedure 4006, inter ali!!, provides that "the answering party shall serve a copy of the interrogatory answers and objections, if any, within 30 days from the service of the interrogatories." Moreover, pursuantto Rule 4006(a)(2), responding has a 30-day time 2 ~~-IO!Z:'P1 limit within which to serve answers and objections to written interrogatories and adherence to this time limit may be strictly enforced. 7 Standard Pennsylvania Practice Second, Written Interrogatory Section 35: 14. Finally, failure to file objections to interrogatories within 30 days after service of the interrogatories is deemed a waiver of the right to object. Wayne v. Hartford Accident Indemnitv Co., 6 D.&C.4th 537 (1990). In Gurgacz v. Winter, 23 Lawrence 1.J. 364 (1972), the court advised the bar of its intention to strictly enforce the time limits prescribed by the Pennsylvania Rules of Civil Procedure with respect to discovery responses, and, further, of its intent to apply sanctions for violations. In Capers y. Westinghouse Electric Corp., 75 D.&C.2d 78 (1975), the court critically commented on the failure to honor time limits as prescribed by the rules, and answers to interrogatories rest within the sound discretion of the trial court. Catina v. Maree, 415 A.2d 413 (Pa. Super. 1980), reversed on other grounds, 498 Pa. 443, 447 A.2d 228. When a party or person fails to permit discovery or fails to obey a court order as reckoning discovery, the court may, on motion, issue an order refusing to allow the disputed party to support or oppose designated claims or defenses or prohibit him from introducing in evidence designated things at trial. Hutchison v. Lutty, 611 A.2d 1280 (Pa. Super. 1992), appeal granted, 533 Pa. 660, 65 A.2d 1193, appeal dismissed, 538 Pa. 484, 649 A.2d 435. A plaintiff must file answers to interrogatories dealing with the indemnity of expert witnesses and the facts and opinions to which that expert will testifY or be precluded from introducing such evidence at trial. Rinker v. Malina, 46 D.&C.3d 155 (1986). The court does not abuse its discretion by entering a non pros judgment against a plaintiff where, in a personal injury action, the plaintiff, on separate occasions, did not get sufficient answers 3 -',,_, .,<' ""'1 '^. 'J , to defendant's interrogatories concerning damages, Calderalio v. Ross, 395 Pa. 196, 150 A.2d 110 (1959); where the plaintifffailed to answer interrogatories after sanction or giving additional time, Bovles v. Sullivan, 326 A.2d 440 (Pa. Super. 1974); where a plaintiff deliberately refused to comply I ,with the court's previous order compelling the plaintiff to have his deposition taken (Verbalas v. Verbalas, 428 A.2d 646 (Pa. Super, 1981)). See also Alleghenv West Civic Council. Inc. v. City I ICouncil of Pittsburgh, 86 Pa. Cmwlth. 308,484 A.2d 863 (1984); Lawrence v. General Medicine IAssociation, 602 A.2d 1316 (Pa. Super. 1992). I The Plaintiff has no grounds to deny producing the information or documentation requested. [he information and documentation solicited is necessary for Additional Defendant to investigate 'and evaluate the Plaintiff s claims as to liability and damages. IV, CONCLUSION: Additional Defendant respectfully requests this Honorable Court to grant its Motion to Compel Plaintiffs Answers to Interrogatories/Request for Production of Documents of Additional Defendant to Plaintiff, Set No. I and order that the Plaintiff submit complete and comprehensive answers to moving Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, within 30 days from the date of this Order. 4 . By: ,,--"~" SlWo"_! . Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS THO~~' Supreme Court LD. #64584 Attorney for Additional Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 5 .."" - ,---- ... , .. """"" f ,. IN THE COURT OF COMj\10N PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No, 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. BRIEF IN SUPPORT OF MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIESIREOUEST FOR PRODUCTION OF , , . ',DOeUMEl'fl'S'OFi1\DDlTlONAE,DEFENDANT 1'0PLAINl'IFF,SET NO.1 1. STATEMENT OF RELEVANT FACTS ANDPROCEDURALHISTORY: '.;See'M6tion;uf:Add'itionar"Defendanl,PearlLYoho;.toCompeI,Plaintiff to Respond to , ': lnterr0gatorieslReCj.uestfot'ProduGtion ofDocumentsofAdditioI1al,Defendant to.maintiff, Set No. L- ,,:,--.. :,."_1+" II. ISSUE: A. WHETHER PLAINTIFF SHOULD BE COMPELLED TO COMPLETELY AND COMPREHENSIVELY RESPOND TO ADDITIONAL DEFENDANT'S INTERROGATORlESAND REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO. L Suggested answer: Yes. III. ARGUMENT: Rule 40I9( a)( 1) provides that the court may, upon motion, make an appropriate order if (I) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule , 4005; (vii) a party in response to request for production made under Rule 4009 fails to respond to " .'~~~' , the request; and (viii) a party or a person otherwise fails to make discovery or to obey an order of court respecting discovery. Rule 4019(a)(2) provides that a failure to act described in subdivision (a)(1) of Rule 4019 may not be excused on the ground that discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order. Rule 40l9(c) provides that the court, when acting under subdivision (a) of this Rule may make order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibit him from introducing in evidence designated documents, things or testimony or from introducing evidence of physical or mental condition; and/or enter an order (Pa.R.C.P. . 4019(c)(2));, striking out:pleadings orparts thereoforenter ajudgment of non pros or by default against the disobedient party,or (PaR,C.P. 4019(<:)(3)) issue such order with regard to the failure :to'make:distoveryiJs:isjiist{l"a:R:C.l";4019( c)(5)). , . Rule 4Ql ~(g)(l}a1soprilVides.thatsanctions'inthenature ofFeasonable,expenses"jncluding ", ""'attDmey's,fees;jtrcurred::o:n::ohtailliing.;an,orderof:cllInplianceillld:;anwTderfor sanctions may be opposed against the disobedient parties. In the instant case, Plaintiff has failed to respond to Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, served upon the Plaintiff on or about : November 22, 2000. Additional Defendant has requested Plaintiff to respond to these discovery I requests, ! Pennsylvania Rule of Civil Procedure 4006, inter alia, provides that "the answering party shall serve a copy of tfie interrogatory answers and objections, if any, within30 days from the service of the interrogatories. " Moreover, pursuant to Rule 4006(a)(2),respondinghas a 3 a-day time 2 " -,." . limit within which to serve answers and objections to written interrogatories and adherence to this time limit may be strictly enforced. 7 Standard Pennsylvania Practice Second, Written Interrogatory Section 35: 14. Finally, failure to file objections to interrogatories within 30 days after service of the interrogatories is deemed a waiver of the right to object. Wavne v. Hartford Accident Indemnitv Co., 6 D.&C.4th 537 (1990). In Gurgaczv. Winter, 23 Lawrence LJ. 364 (1972), the court advised the bar of its intention 'to strictly enforce the time limits prescribed by the Pennsylvania Rules of Civil Procedure with respect to discovery responses, and, further, of its intent to apply sanctions for violations. In Capers v. Westinghouse Electric Com., 75 D.&C.2d 78 (1975), the court critically commented on the failure to honor:linie limits-1O!sprescribed by. the rules, and answers to interrogatories rest within the sound discretion of the trial court, Catina v, Maree, 415 A.2d 413 (Pa. Super: 1980), reversed on other grritilldS';49K,P/h443,'4i17:A2o'228. . tWben.;rpartyorcrpersonJaiistopermi,t disco.very or failsto:obey a:cowt:orderas,reckoning , discovery;the:,coUrt' ,may,:on'rnotioD;' oiss'l1c'an:order' refusjng.toallow the,',disputed'party to 'support or oppose designated claims or defenses or prohibit him from introducing in evidence designated things at trial. Hutchison v. Luttv, 611 A.2d 1280 (Pa. Super. 1992), appeal granted, 533 Pa. 660, 65 A.2d 1193, appeal dismissed, 538 Pa. 484, 649 A.2d 435, A plaintiff must file answers to interrogatories dealing with the indemnity of expert witnesses and the facts and opinions to which that expert will testify or be precluded from introducing such evidence at trial. Rinker v. Malina, 46 D.&C.3d 155 (1986). The court does not abuse its discretion by entering a non pros judgment against a plaintiff where, in a personal injury action, the plaintiff, on separate occasions, did not getsufficient answers o .J ~ ~ --- " , ~ ~ '~~ "&l~: > to defendant's interrogatories concerning damages, Calderalio v. Ross, 395 Pa. 196, 150 A.2d 110 (1959); where the plaintiff failed to answer interrogatories after sanction or giving additional time, Bovles v. Sullivan, 326 A.2d 440 (Pa. Super. 1974); where a plaintiff deliberately refused to comply with the court's previous order compelling the plaintiff to have his deposition taken (Verbalas v, Verbalas, 428 A.2d 646 (Pa. Super. 1981)). See also Alleghenv West Civic Council. Inc, v. Citv Council of Pittsburgh, 86 Pa. Cmwlth. 308,484 A.2d 863 (1984); Lawrence v. General Medicine Association, 602 A.2d 1316 (Pa. Super. 1992). The Plaintiffhas no grounds to deny producing the information or documentation requested. The information and documentation solicited is necessary for Additional Defendant to investigate and evaluate the Plaintiff's claims as to liability . and damages. IV; CONCLUSION: ..AdditiofuilDeferrdantTespectfullyrequests.this Honorable Court to grant its Motion to Compel.Plaintiff's Answers,.to Interrogatories/Request for Production of Documents of Additional Defendahtto' Plaintiff, Set N 0;1' and mderthat the Plaintiffsubmitcomplete and.comprehensive answers to moving Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, within 30 days from the date of this Order. 4 "' . . By: ,~ . ~'i Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS TIIOMA~ Supreme Court I.D, #64584 Attorney for Additional Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 5 .' ~'" ~ I - l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No, 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. BRIEF IN SUPPORT OF MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGA TORlES/REOUEST FOR PRODUCTION OF 'i "D<i)Cl9MENTSi0F'A'DDITlONAL.DEFENDANT IOPLAINTIF:F\ SET NO.1 I, STATEMENT OF RELEVANT FACTS AND' PROCEDURAL HISTORY: . .,' :,LS~e:..Motion0gAudruQnal,Defendant;PearrL Yoho,to, CompeLPlaintiff to Respond to , Inttm>l'lgato:tiiesiRequest for,PwductiGllOfDocumentsof Additional Befendant to Plaintiff, Set No. 1. II. ISSUE: A. WHETHER PLAINTIFF SHOULD BE COMPELLED TO COMPLETELY AND COMPREHENS1VEL Y RESPOND TO ADDITIONAL DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO. 1. Suggested answer: Yes. III. ARGUMENT: Rule 40 19(a)(1) provides that the court may, upon motion, make an appropriate order if (1) . a party fails to serve answers, sufficient answers or objectiorrstowritten interrogatories under Rule 4005; (vii) a party in response to request for production made under Rule 4009 fails to respond to ~, ~". ~-~ I~ -~' " . the request; and (viii) a party or a person otherwise fails to make discovery or to obey an order of court respecting discovery. Rule 40l9(a)(2) provides that a failure to act described in subdivision (a)(l) of Rule 4019 may not be excused on the ground that discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order. Rule 40l9(c) provides that the court, when acting under subdivision (a) of this Rule may make order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibit him from introducing in evidence designated documents, things or testimony or from introducing evidence of physical or mental condition; and/or enter an order (Pa.R.C.P. 4019(c )(2) ),cstriking.Qut pleadings or ,pacts thereof or enter a judgment of non pros orby default against the disobedient party; or (Pa.R.C.P. 4019(c)(3)) issue such order with regard to the failure tomake'discbvery as i$'jusf{P:i::R: COP A019{ e)( 5)). . ,Rule 401 9(g)(J.).also,proyidestbat sanctions inthenature ofreasQnableexpenses, iilcluding "attomey's,fees;-:int:urred'on'obtainingmrr,order' -of compliance and -ary'.orcrer.for'sanctions'may be opposed againstthe disobedient parties, In the instant case, Plaintiff has failed to respond to Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, served upon the Plaintiff on or about November 22, 2000. Additional Defendant has requested Plaintiff to respond to these discovery requests. Pennsylvania Rule of Civil Procedure 4006, inter alia, provides that "the answering party shall serve a copy of the interrogatory answers and objections, ifany"within 30 days from the service of the interrogatories." Moreover, pursuant to Rule 4006(a)(2), responding has a 30-day time 2 - .- ~ , , limit within which to serve answers and objections to written interrogatories and adherence to this time limit may be strictly enforced. 7 Standard Pennsylvania Practice Second, Written Interrogatory Section 35: 14. Finally, failure to file objections to interrogatories within 30 days after service of the interrogatories is deemed a waiver of the right to object. Wavne v. Hartford Accident Indemnitv Co., 6 D.&C.4th 537 (1990). In Gurgacz v. Winter, 23 Lawrence LJ. 364 (1972), the court advised the bar of its intention to strictly enforce the time limits prescribed by the Pennsylvania Rules of Civil Procedure with respect to discovery responses, and, further, of its intent to apply sanctions for violations. In Capers v. Westinghouse Electric COIJl., 75 D.&C.2d 78 (1975), the court critically commented on the failure to honor time limits 'as:prescribed by the rules; and answers to interrogatoriesrest within the sound discretion of the trial court. Catina v. Maree, 415 A.2d 413 (Pa.Super. 1980); reversed on other 'grounds,A98Pa:443'; MCZ:A",2d228. When.a,party:or;perscinfailsto.:permit discovery or.fails to obey. a court order as reckoning .discovery,'tllef;C'Ourtmay; oo':ml'ltion;jssue:an ordeHefusing to' allowthe'disputedpartyto 'support or oppose designated claims or defenses or prohibit him from introducing in evidence designated things at trial. Hutchison v. Luttv, 611 A.2d 1280 (Pa.Super. 1992), appeal granted, 533 Pa. 660, 65 A.2d 1193, appeal dismissed, 538 Pa. 484, 649 A.2d 435, A plaintiff must file answers to interrogatories dealing with the indemnity of expert witnesses and the facts and opinions to which that expert will testifY or be precluded from introducing such evidence at trial. Rinker v, Malina, 46 D.&C.3dI55 (1986). The court does not abuse its discretion by entering a non pros judgment against a plaintiff where, in a personal injury action, the plaintiff, on separate occasions, did not get sufficient answers o ,) -,- ,~~,~ ~ ~JL "" I:iIlII>... - j ......-"'"'il!i<I:i,; to defendant's interrogatories concerning damages, Calderalio v. Ross, 395 Pa, 196, 150 A.2d 110 (1959); where the plaintiff failed to answer interrogatories after sanction or giving additional time, Bovles v. Sullivan, 326 A.2d 440 (Pa, Super. 1974); where a plaintiff deliberately refused to comply with the court's previous order compelling the plaintiff to have his deposition taken (Verbalas v. Verbalas, 428 A.2d 646 (Pa. Super. 1981)). See also Alleghenv West Civic Council. Inc. v. City Council of Pittsburgh, 86 Pa. Cmwlth. 308,484 A.2d 863 (1984); Lawrence v. General Medicine Association, 602 A.2d 1316 (Pa. Super. 1992). The Plaintiffhas no grounds to deny producing the information or documentation requested. The information and documentation solicited is necessary for Additional Defendant to investigate and evaluate the'P1aintiffsclaims as to liability and damages, IV. CONCLUSION: , Additional. Defendant respectfully requests ,this Honorable, Court to grant its Motion to Compel Plaintiff s Answers toJnterrogatories/Requestfor Production of Documents of Additional Defendantto Plaintiff, Set No.1 'andorderthatthe Plaintiff submit complete and comprehensive answers to moving Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, within 30 days from the date of this Order. 4 ,I ~ By: ~'l ~~""""', Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS THo~q~ Supreme Court I.D. #64584 Attorney for Additional Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 5 , ~, , "i:i;j 1 ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, JI>ENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law VS. No, 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. ORDER AND, NOW, TO WIT this J"'J; day of 1a-..v-; , 2001, upon consideration of Motion to Compel Defendant's Answers to Interrogatories/Request for Production of Documents of Additional Defendant to Defendant, Set No.1, it is hereby ORDERED that the ,..e-,.~ Defendant S'lgm;t ~Q\l;lFl"t" ~n.j CQIH!l!ehcll,j,~ m~l\e!3 to moving Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, within 2-l!> days from the ..l"CJv,":;" ..., date ofthis Order. /I BY THE COURT, .:; ~~ '.~ p '\.l &~ . ~t' . U,,,'_M "o"~.~.^~ ",_"~">'-':..o^; '-,~,o' ~'~-,i,;:;",'l'"",'_\~ " :/ .i:JM!IaTJ ~ VlNVAlASNNBd A.!NfIOO aNV1t!3emO 90 : I \old G I N~r 10 1\.IV'OW~,"N" -',' "0 f\ov-l 'l~rtlvC~':1 :ldJ. ;J "'l'\lJ~^-'l'I"11 J :l..)o~V'\'J:f 1';':1 .,~=_~ ~~~ ,_ , _ ~, " ~J' ,~, ,'__'_,'.' '"" 'l=' , ,..,,"'.. , - --,>,'-- "... "" I < ~~ ,,'~ " , -'ii!~,'i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I, YOHO, Additional Defendant. MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORlESIREOUEST FOR PRODUCTION OF DOCUMENTS OF ADDITIONAL DEFENDANT TO DEFENDANT, SET NO, I AND NOW, TO WIT, this I () 4t day of *0 ' 2001, comes the Additional Defendant, Pearl 1. Yoho, by her counsel, GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, and files the following Motion to Compel Defendant's Answers to Interrogatories/Request for Production of Documents of Additional Defendant to Defendant, Set No. I, as follows: 1. On or about November 22,2000, Additional Defendant, Pearl 1. Y oho, propounded a set ofInterrogatories and Request for Production of Documents, Set No.1, to the Defendant. Copies of said Interrogatories and Request for Production of Documents were filed with the York County Court of Common Pleas on or about November 27,2000. 2. Said discovery responses were due on or before December 22, 2000. 3. As of present, defense counsel still has not received any responses to the Interrogatories/Request for Production of Documents sent to the Defendant. 0''_; 'j - "~ ""in; " 4. The submission of these discovery requests constitutes the first stage of discovery which would afford moving Additional Defendant the opportunity to identifY potential trial witnesses and trial evidence, including experts, and discovery information relevant to the alleged damages claimed by actual witnesses. WHEREFORE, Additional Defendant, Pearl 1. Y oho, respectfully requests this Honorable Court to issue a verdict compelling Defendant to respond to Interrogatories and Request for Production of Documents of Additional Defendant to Defendant, Set No.1, within 30 days from the date of this Order. By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS TIIO~~lITRE Supreme Court I.D. #64584 Attorney for Additional Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 2 1'-;" , ~, , -r", , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs, PEARL I. YOHO, Additional Defendant, CERTIFICATE OF SERVICE AND NOW, this (06,,, day of ~~. ,2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICrJ1ER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Motion to Compel Defendant's Answers to Interrogatories/Request for Production of Documents of Additional Defendant to Defendant, Set No. I by United States Mail, addressed to the party or attorney of record as follows: 1. Richard Oare, Jf., Esquire 1776 S. Queen Street York, PA 17403 (counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: TH AS B. PONAUGLE, ESQUIRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 '" r8i/;1c_ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant, BRIEF IN SUPPORT OF MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIESIREOUEST FOR PRODUCTION OF DOCUMENTS OF ADDITIONAL DEFENDANT TO DEFENDANT. SET NO.1 I. STATEMENT OF RELEVANT FACTS AND PROCEDURAL HISTORY: See Motion of Additional Defendant, Pearl 1. Y oho, to Compel Defendant to Respond to Interrogatories/Request for Production of Documents of Additional Defendant to Defendant, Set No. 1. II. ISSUE: A. WHETHER DEFENDANT SHOULD BE COMPELLED TO COMPLETELY AND COMPREHENSIVEL Y RESPOND TO ADDITIONAL DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO.1. Suggested answer: Yes. III. ARGUMENT: Rule 40l9(a)(1) provides that the court may, upon motion, make an appropriate order if (I) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005; (vii) a party in response to request for production made under Rule 4009 fails to respond to , '~ -I I i I I I I I the request; and (viii) a party or a person otherwise fails to make discovery or to obey an order of court respecting discovery. Rule 4019(a)(2) provides that a failure to act described in subdivision (a)(1) of Rule 4019 may not be excused on the ground that discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order. Rule 40l9(c) provides that the court, when acting under subdivision (a) of this Rule may make order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibit him from introducing in evidence designated documents, things or testimony or from introducing evidence of physical or mental condition; and/or enter an order (Pa.R.C.P. 40 19( c )(2)), striking out pleadings or parts thereof or enter a judgment of non pros or by default against the disobedient party, or (Pa.R.C.P. 40l9(c)(3)) issue such order with regard to the failure to make discovery as is just (Pa.R.C.P. 40l9(c)(5)). Rule 40 19(9)(1) also provides that sanctions in the nature of reasonable expenses, including attorney's fees, incurred on obtaining an order of compliance and an order for sanctions may be opposed against the disobedient parties. In the instant case, Defendant has failed to respond to Additional Defendant's Interrogatories and Request for Production of Documents, Set No.1, served upon the Defendant on or about November 22, 2000. Additional Defendant has requested Defendant to respond to these discovery requests. Pennsylvania Rule of Civil Procedure 4006, inter alia, provides that "the answering party shall serve a copy of the interrogatory answers and objections, if any, within 30 days from the service of the interrogatories." Moreover, pursuantto Rule 4006(a)(2), responding has a 30-day time 2 3 I , -,ci';j I ~ I I' ,I I I I I I I I I '1 !,I '1 I I I I I ,I j 1 I 1 I I I I I I I I I I i j I 1 I I , 1 .I ,I I ! 1 I !I I j 'I I I I I 1 i I I I r " limit within which to serve answers and objections to written interrogatories and adherence to this time limit may be strictly enforced. 7 Standard Pennsylvania Practice Second, Written Interrogatory Section 35: 14. Finally, failure to file objections to interrogatories within 30 days after service of the interrogatories is deemed a waiver of the right to object. Wayne v. Hartford Accident Indemnitv Co., 6 D.&C.4th 537 (1990). In Gurgacz v. Winter, 23 Lawrence LJ. 364 (1972), the court advised the bar of its intention to strictly enforce the time limits prescribed by the Pennsylvania Rules of Civil Procedure with respect to discovery responses, and, further, of its intent to apply sanctions for violations. In Capers v. Westinghouse Electric Com., 75 D.&C.2d 78 (1975), the court critically commented on the failure to honor time limits as prescribed by the rules, and answers to interrogatories rest within the sound discretion of the trial court. Catina v. Maree, 415 A.2d 413 (Pa. Super. 1980), reversed on other grounds, 498 Pa. 443, 447 A.2d 228. When a party or person fails to permit discovery or fails to obey a court order as reckoning discovery, the court may, on motion, issue an order refusing to allow the disputed party to support or oppose designated claims or defenses or prohibit him from introducing in evidence designated things at trial. Hutchison v. Luttv, 61 I A.2d 1280 (pa. Super. 1992), appeal granted, 533 Pa. 660, 65 A.2d 1193, appeal dismissed, 538 Pa. 484, 649 A.2d 435. A plaintiff must file answers to interrogatories dealing with the indemnity of expert witnesses and the facts and opinions to which that expert will testify or be precluded from introducing such evidence at trial. Rinker v. Malina, 46 D.&C.3d 155 (1986). The court does not abuse its discretion by entering a non pros judgment against a plaintiff where, in a personal injury action, the plaintiff, on separate occasions, did not get sufficient answers .,c-. . . to defendant's interrogatories concerning damages, Calderalio v. Ross, 395 Pa. 196, 150 A.2d 110 (1959); where the plaintiff failed to answer interrogatories after sanction or giving additional time, Bovles v. Sullivan, 326 A.2d 440 (Pa. Super. 1974); where a plaintiff deliberately refused to comply with the court's previous order compelling the plaintiffto have his deposition taken (Yerbalas v. Verbalas, 428 A.2d 646 (Pa. Super. 1981)). See also Allel!henv West Civic CounciL Inc. v. City Council of Pittsburgh, 86 Pa. Cmwlth. 308, 484 A.2d 863 (1984); Lawrence v. General Medicine Association, 602 A.2d 1316 (Pa. Super. 1992). The Defendant has no grounds to deny producing the information or documentation requested. The information and documentation solicited is necessary for Additional Defendant to investigate and evaluate the Defendant's claims as to liability and damages. IV. CONCLUSION: Additional Defendant respectfully requests this Honorable Court to grant its Motion to Compel Defendant's Answers to Interrogatories/Request for Production of Documents of Additional Defendant to Defendant, Set No.1 and order thatthe Defendant submit complete and comprehensive answers to moving Additional Defendant's Interrogatories and Request for Production of Documents, Set No. I, within 30 days from the date ofthis Order. 4 " . . By: ;: ,~ ~~"'i-i Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YM031 CALKINS ~ THOMAS B. SPONAUGLE, ESQillRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York,PA17402 (717) 757-7602 5 -, , -~~'-, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED ys. PEARL I. YOHO, Additional Defendant. BRIEF IN SUPPORT OF MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES/REOUEST FOR PRODUCTION OF i.DO.cUME:NTSOKADDlJiIONAli'llEFENDkNIDT@DEFENDANT.'SETNO. 1 I. STATEMENT OF RELEVANTFXCTS AND PROCEDURAL HISTORY: ;',E.eci.Mo.tiO/1hif'AiJ'ditioriid'Befendailt;:PearLLYoho; to'Com'pelDefendant to'Respond to Interrogatories~uestforBrodUliltiolu)fDoaurnents;of>A.dditional Defimdant1oDefendailt;Set No. 1. " ," '''', ''':''~ ":, '.,. ": -.';"~' ','" ,,' (.', ~ . ,"'",Cc>;;"''"-:,''''_^'' ' ""d""" . "'.",,-", -., ""'.,., II. ISSUE: A. WHETHER DEFENDANT SHOULD BE COMPELLED TO COMPLETELY AND COMPREHENSIVEL Y RESPOND TO ADDITIONAL DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO.1. Suggested answer: Yes. III. ARGUMENT: Rule 4019( a)( 1) provides-that the court may, upon motion, make an appropriatemder -if (I) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005; (vii) a party in response to request for production made under Rule 4009 fails to respond to ".." ,~, ~ ! , _I ~ the request; and (viii) a party or a person otherwise fails to make discovery or to obey an order of court respecting discovery. Rule 4019(a)(2) provides that a failure to act described in subdivision (a)(1) of Rule 4019 may not be excused on the ground that discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order. Rule 4019(c) provides that the court, when acting under subdivision (a) of this Rule may make order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibit him from introducing in evidence designated documents, things or testimony or from introducing evidence of physical or mental condition; and/or enter an order (Pa.R.C.P. 40J~ c )(2)),. striking out pleadings or; parts.thereofor,etltera judgment of nonpros or by default against the disobedient party; QJ:\Pa..KC.P. 4019(c)(3)}issuesuch order with regard to the failure ',.to:ri1ake:,discuveWas:js':j'tiirr.(;F,.a.:RJS .P, 40 19( c)(5)). , '" Rule'4019,~g)(J ) als0p1'0rides:thatsanctionsimthe.nature ofreaSooableolilxpenses,incl uding attorney's:,fee.s;'ineuired,'on'obtiiinin'g' lill:ardero:fueompliance;;-and 'anC1'lrder:Tor.sanctions 'may be opposed against the disobedient parties. In the instant case, Defendant has failed to respond to Additional Defendant's Interrogatories and Request for Production of Documents, Set No. I, served upon the Defendant on or about November22,2000. Additional Defendant has requested Defendant to respond to these discovery requests. Pennsylvania Rule of Civil Procedure 4006, inter alia, provides that "the answering party shall serve a copy of the interrogatory answers and objections, if any; within JOdays. from the service ofthe interrogatories."Moreover, pursuant to Rule4006(a)(2), responding has a 30-daytime 2 ~. -~-~.- i I I i I , i -- -, "1 i I I I I I I ! ! "......ii, 1 limit within which to serve answers and objections to written interrogatories and adherence to this time limit may be strictly enforced. 7 Standard Pennsylvania Practice Second, Written Interrogatory Section 35: 14. Finally, failure to file objections to interrogatories within 30 days after service of the interrogatories is deemed a waiver of the right to object. WaYne v. Hartford Accident Indemnitv Co., 6 D.&C.4th 537 (1990). In Gurgacz v. Winter, 23 Lawrence 1.J. 364 (1972), the court advised the bar of its intention to strictly enforce. the time limits prescribed by the Pennsylvania Rules of CivilProcedtire with respect to discovery responses, and, further, of its intent to apply sanctions for violations. In Capers v . Westinghouse Electric Corp., 75 D.&C.2d78 (197 5), the court critically commented on the failure to.hohortimelimitsas .prescribed' by the mles,and ahswers to interrogatories rest within the sound discretion ofthefiiitl court. Catina v. Maree, 415 A.2d 413 (Pa. Super. 1980), reversed on other grouhds;'49'8.Pa;:44'3'/44J.'*:2(1'221j-. , '.". When; a pat'ty'(lf,personfails,Jo. gerinitdiscoveryor fails toobeya' court order-as.reckoning disc(lvery;'the'cortrttnayj'Onmbtititw'issue'an'.errder:refusihg'ttl'aHoW,.the'Ulspttted:.partY to,. support or-oppose designated claims or defenses or prohibit him from introducing in evidence designated things at trial. Hutchison v. Luttv, 611 A.2d 1280 (Pa. Super. 1992), appeal granted, 533 Pa. 660, 65 A.2d 1193, appeal dismissed, 538 Pa. 484, 649 A.2d 435. A plaintiffmust file answers to interrogatories dealing with the indemnity of expert witnesses and the facts and opinions to which that expert will testify or be precluded from introducing such evidence at trial. Rinker v. Malina, 46 D.&C.3d 155 (1986). The court does not abuse its discretion by entering a non pros judgment against a plaintiff where, ina Personal injury action, the plaintiff, on separate occasions, did not get sufficient answers 3 ~ ~ 1 iMlLi"--' 1 to defendant's interrogatories concerning damages, Calderalio v. Ross, 395 Pa. 196, ISO A.2d 110 (1959); where the plaintiff failed to answer interrogatories after sanction or giving additional time, Bovles v. Sullivan, 326 A.2d 440 (Pa. Super. 1974); where a plaintiff deliberately refused to comply with the court's previous order compelling the plaintiff to have his deposition taken (Yerbalas v. Verbalas, 428 A.2d 646 (Pa. Super. 1981)). See also Alleghenv West Civic Council. Inc. v. City Council of Pittsburgh, 86 Pa. Cmwlth. 308,484 A.2d 863 (1984); Lawrence v. General Medicine Association, 602 A.2d 1316 (pa. Super. 1992). The Defendant has no grounds to deny producing the information or documentation requested. The information and documentation solicited is necessary for Additional Defendant to investigate and evaluate the Defendant',s claims:as.to liability and damages. IV. CONCLUSION: , '..-AdditionlikDefend!mtrespectfl,l1ly reqllestg,thisHonoraQI~CQUf;t.'to.;gfantj1S'Motion to CompeLDefendanfs Answerstolntllrrogatories/Requestforl'roductionofDocuments of Additional . DefendanH() Defendant,Bet No;J.and'order'thattheDefendantsubmiteomplete'andcomprehensive answers to moving Additional Defendant's Interrogatories and Request for Production of Documents, Set No. I, within 30 days from the date of this Order. 4 ""'L-~ ~,"". .' ':.:", ~~ilft;jjr~f[j . ~~-,-,~~--<,. -, . "~ ,,~~, ~"" -H!lI!1lml~MH7'lli11"'liflr- "'......~~.~1li_Di\~""'~~i~~.'''''"'. _"0 ~<, ,~ ~ _p ~', ~,'~__., -0 ~, C. ~-- <- ,".~ -- "'~ .........,1IlNlI. "'-~;;. - -. Co>' , , """" ' t "'~--.. ~~~ 1 By: . ",-- , ~ - '""",,";,i Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YM03f, CALKINS ~ THOMAS B. SPONAUGLE, ESQUIRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ',..~- " .. ..- - ,-~-- - 5 - iiihH .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. BRIEF IN SUPPORT OF MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIESlREOUEST FOR PRODUCTION OF nOGUMENTS;OF~Ail)l)iT!GNALDEF:BNDANTTO;DEFENDANT . SET NO.1 L'STATEMENTOF RELEVANT.FACTSAND,PROCEDURALHISTORY: . ":;;'":Se~;Mbtimr';ot';kdditio\ill!'Defendailt;.:I'eilrH;_Yoho;tQ.'CompeLBefendant to,Respond to . IntelTogatol'ies!RequestforJ~rodu:ctio'i10fDo:cuments.'ofAdditioriahB.efendanf.to Defendant, Set No. 1. , ,~-" -"'. -.:"h'_".'.'"' ".,~"- .-,.. II. ISSUE: A WHETHER DEFENDANT SHOULD BE COMPELLED TO COMPLETELY AND COMPREHENSIVEL Y RESPOND TO ADDITIONAL DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO.1. Suggested answer: Yes. III. ARGUMENT: Rule 40 19( a)(]) provides that thecburt may, upon motion, make an appropriate order if (I) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005; (vii) a party in response to request for production made under Rule 4009 fails to respond to u=,.-, . . ~ IliI!l!ii/.'L , the request; and (viii) a party or a person otherwise fails to make discovery or to obey an order of court respecting discovery. Rule 40I9(a)(2) provides that a failure to act described in subdivision (a)(l) of Rule 4019 may notbe excused on the ground that discovery sought is objectionable unless the party failing to act has filed an appropriate objection or has applied for a protective order. Rule 40I9(c) provides that the court, when acting under subdivision (a) of this Rule may . make order refusing to allow the disobedient party to support or oppose desigmited claims or defenses or prohibit him from introducing in evidence designated documents, things or testimony or from introducing evidence of physical or mental condition; and/or enter an order (Pa.R.C.P. 4019(o)(2)),istriking out.pleadingsorparts.ctheIeoforenterajudgment of Ilon pros or ,by default against the disobedient party, Or (Pa.R.eP. 4019(c )(3)) issue such order with regard to the failure to ti1ak'edisCovetyas!is J,iISf (PaiRiC.P; 4019~ c)( 5)). 'c Rule;40:W(g)(l-}alsapiovidesthatsanc.tionsiitl'thccnature ofreasclliahle:exp<:nses,.including 'attorney;s'fees;~incun:e.d'(')n.iobtamill'g:lllI,mder!.pfiComl'lliance::al'ld.M:order:fonsanctiuITsmay be opposed againstthe disobedient parties. In the instant case, Defendant has failed to respond to Additional Defendant's Interrogatories and Request for Production of Documents, Set No. I, served upon the Defendant on or about November 22, 2000. Additional Defendant has requested Defendant to respond to these discovery requests. Pennsylvania Rule of Civil Procedure 4006, inter alia, provides that "the answering party shall serve a copy of the interrogatory answerS and objections, if any, within 30 days from the seI'Vice ofthe interrogatories.'" Mor<:over, pursuant to Rule 4006( a)(2), responding has a 3 O-daytime . 2 ~"" ~ '. ~ ~', , .' limit within which to serve answers and objections to written interrogatories and adherence to this time limit may be strictly enforced. 7 Standard Pennsylvania Practice Second, Written Interrogatory Section 35:1 4. Finally, failure to file objections to interrogatories within 30 days after service of the interrogatories is deemed a waiver of the right to object. Wavne v. Hartford Accident Indemnity Co., 6 D.&C.4th 537 (1990). In Gurgacz v. Winter, 23 Lawrence 1.J. 364 (1972), the court advised the bar of its intention to strictly enforce the time limits prescribed by the Pennsylvania Rules of Civil Procedure with respect to discovery responses, and, further, of its intent to apply sanctions for violations. In Caners v. Westinghouse Electric Corp., 75 D.&C.2d 78 (1975), the court critically commented on the failure to honor time, limits. as prescribed bythe:ru1es,and:answerstojnterrpgatories rest within the sound discretion ofthetii<ilcourt. Catina v.Maree, 415 A.2d 413 (Pa.Super. 1980), reversed on other gmtinds;498:Pii: 14.4:3;..4ltf,1;A1.tl.:228. ,':., :whena:partyorpersonT:li;lsc to:pernrit: discovery.-or fails.to obey a court: ordenas reckoning " ,distovery,ithecburt:n1ay;'orrtnotion;'issttean'ordetTemsingcto:-aH"wilhe:dispnted-party tO'support or oppose designated claims or defenses or prohibit him from introducing in evidence designated things at trial. Hutchison v. Luttv, 611 A.2d 1280 (Pa. Super. 1992), anneal granted, 533 Pa. 660, 65 A.2d 1193, anneal dismissed, 538 Pa. 484, 649 A.2d 435. A plaintiff must file answers to interrogatories dealing with the indemnity of expert witnesses and the facts and opinions to which that expert will testify or be precluded from introducing such evidence at trial. Rinker v. Malina, 46 D.&C.3d 155 (1986). The court does not abuse its discretion by entering a non pros judgment against a plaintiff where, in a personal injury action, the plaintiff, on separate occasions, did not get sufficientanswers 3 ....-. - J-, ~,,: , to defendant's interrogatories concerning damages, Calderalio v. Ross, 395 Pa. 196, 150 A.2d 110 (1959); where the plaintiff failed to answer interrogatories after sanction or giving additional time, Bovles v. Sullivan, 326 A.2d 440 (Pa. Super. 1974); where a plaintiff deliberately refused to comply with the court's previous order compelling the plaintiff to have his deposition taken (Yerbalas v. Verbalas, 428 A.2d 646 (pa. Super. 1981)). See also Alleghenv West Civic Council, Inc. v. Citv Council of Pittsburgh, 86 Pa. Cmwlth. 308, 484 A.2d 863 (1984); Lawrence V. General Medicine Association, 602 A.2d 1316 (pa. Super. 1992). The Defendant has no grounds to deny producing the information or documentation requested. The information and documentation solicited is necessary for Additional Defendant to investigate and evaluate the Defendant'.s"claims as to, liability and damages. IV. CONCLUSION: ;Additiohal...Defendan,t'.respectfully' requests.' this Honorable..'CQ).IrtJQ. grant its ,Motion to ,'CompeIDefendant"sAnswers to InterrogatorieslRequestfor Production of Documents, of Additional -Defendantto-Defendant, 'SetNo:Jandorder.thatthe.Defendantsubmit'ccnnplete'andcornprehensive answers to moving Additional Defendant's Interrogatories and Request for Production of Documents, Set No. I, within 30 days from the date of this Order. 4 ,~~= - ~."....~ \ By: _;k- Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOL YM~ CALKINS ~ THOMAS B. SPONAUGLE, ESQUIRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 5 '- ~'- ,'1_'-"" - < ." ~ _",:, , "_' 1 __~, _'. .,J '''-''1 . ,. J'i-. .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law Ys. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, thi' &>. "" of -b ,2001, 1, lbo~ B. Sporuru,l, Esquire, a member of the firm of GRIFFITH, STRICKLE , LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Additional Defendant's Respollse to Request for Production of Documents under Pa.R.c.P. 4009 of Defendant by United States Mail, addressed to the party or attorney of record as follows: J. Richard Oare, Jr., Esquire 1776 S. Queen Street York, PA 17403 (counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA l7011 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THOMAS B. SPONAUGLE, ESQUIRE Supreme Court LD. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 " ,. , ,-" '., ..i h, r. " , ,I J~.i , ._" "" ." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY AND PAMELA EMLET, Plaintiffs, Civil Action - Law vs. No. 2000-4303 LABAN D. HOCK, Defendant, JURY TRIAL DEMANDED vs. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE AND NOW, this <(~ day of f ~ ' 2001, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Additional Defendant's Answers to Interrogatories of Defendant by United States Mail, addressed to the party or attorney of record as follows: 1. Richard Oare, Jr., Esquire 1776 S. Queen Street York,PA 17403 (counsel for Plaintiffs) Girard E. Rickards, Esquire Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA l7011 (counsel for Defendant, Laban D. Hock) GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~-'~ -------- TH~~~ESQUIRE Supreme Court J.D. #64584 Attorney for Additional Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 " ~ ," "' ';1 ~.., '"" " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANLA PAMELA and WESLEY EMLET, Plaintiffs CIVIL ACTION - LAW v. No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED v. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE I, Richard Oare, Esq., hereby certify that I have this fIJ day of February, 2001, sent a true and correct copy of the foregoing PLAINTIFF'S ANSWERS TO INTERROGATORIES OF DEFENDANT to the following individual, via United States Mail, postage paid, addressed as follows: Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York,PA 17402 Gerard E. Rickards, Esquire Law Offices of Jacobs & Saba 4705 Duke Street Harrisburg, P A 17109 Richard Oare, Esquire Attorney for Plaintiffs 1434 S. George Street York,PA 17403 (717) 846-3000 ,- ~" c i .: ~ ," " .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA and WESLEY EMLET, Plaintiffs CIVIL ACTION - LAW v. No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED v. PEARL I. YOHO, Additional Defendant. CERTIFICATE OF SERVICE W-, I, Richard Oare, Esq., hereby certify that I have this ~ day of February, 2001, sent a true and correct copy of the foregoing PLAINTIFF'S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT to the following individual, via United States Mail, postage paid, addressed as follows: Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerrnan, Solymos & Calkins 110 South Northern Way York, PA 17402 Gerard E. Rickards, Esquire Law Offices of Jacobs & Saba 4705 Duke Street Harrisburg, PA 17109 ;i f) JfJ Y i.AA---1 lM-- Richard Oare, Esquire Attorney for Plaintiffs ~- "- -.Iii-",: ... f CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA & WESLEY EMLET - BI-AUTO ACCIDENT TERM, -VS- CASE NO: 00-4303 LABAN D. HOCK - HOCK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GIRARD E. RICKARDS, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoeoeoeoeoeoeoena is sought to be ed, _ (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/08/2001 'E~alf ~~. GIRARD E. RfcURDS, ESQUI~ Attorney for DEFENDANT DEll-250391 37415 - I. () .' ~~ ~o._;.;..-J ''', " ~., , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA & WESLEY EMLET - BI-AUTO ACCIDENT TERM, -VS- CASE NO: 00-4303 LABAN D. !lOCK - HOCK NOTICE OF INTEN'l' TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CHARLES E. HARTMAN, H.D. Ht:1J.Ll,;AL TO: RICIIABD OARE, ESQUIRE JULIA FEW CAHALLE, ESQUIRE THOMAS B. SPONAUGLE, ESQUIRE HCS on behalf of GIRARD E. RIC~S, ESQUIRE intends to serve a subpoena identical to the one that is 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. ~ ,., DATE: 04/16/2001 HCS on behalf of GIRARD E. RICKARDS, ESQUIU Attorney for DEFEllDAIIT CC: GIRARD E. RICKARDS, ESQUIRE - 008B-00092 SUE HAVERSTICK - 5837B0961787998 Any questions regarding this matter, contact THE HCS GROUP IRC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-15036l 3 7415 - C () ~ - "~~ ,< I. "..-,:, ~ f COMMONWEALTH OF PENNSYLVANIA - COUNTY OF CUMBERL-\..'iD PAMELA & WESLEY EMLET -VS- LABAN D. HOCK File No. 00-4303 -VS- PEARL 1. YOHO SUBPOENA TO PRODUCE DOCUMTh"TS OR THINGS FOR DISCOVERY PURSUAJ,"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CHARLES E. HARTMAN, M.D. (Nolm~ of P~non or Ent:i~.) Within twe~'-(20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: _ SEE ATTACHED at THE MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA, PA 19103 (Addra.) You may deli\'er or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate ai compliance, to the party making this request at the ad~listed ~bove. You h~ve the right to seek. in ad\'ance, the ,...onable cost of preparing the copies or producing the things sought. If you fail to ?=,oduce the documents or things required by this subpoena.. ""';t!....in twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply with r_ THIS SL13POEN A WAS ISSUED AT THE REQUEST OF mE FOLLOWING PERSON: NAME: GIRARD E. RICKARDS, ESQUIRE ADDRESS: 214 SENATE AVE. SUITE 503 CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPRE.'-fE COURT ID #: ATTOR.'\E'\' fOR: DEFENDANT DATE: --111~l\~ Ie> ~I , Seal of the Court (Eff i /97) ~. - ,,-,lei..! , EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHARLES E. HARTMAN, M.D. SPRING GROVE FAMILY CARE 22 ROTH'S CHURCH RD SPRING GROVE, PA 17362 RE: 37415 PAMELA EMLET Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PAMELA EMLET 4030 CONEWAGO RD., DOVER, PA 17315 Social Security #: 181-50-1494 Date of Birth: 06-02-1966 "" - SUIO-300164 37415 - L 0 Z ~lliI~~ii.tIii!Wi~i~~.' .,.,"" ',''''" "~ ~. "~,-~ """",, ~_." ~~ ~-'~ ~".,~,,~-,~--, .,- ,. I jjka..I!il.1Ml1!l:l!~~~~.;>II~~.w~.~- ~,"-~-- , "~' ,~, ~- 1YiiIi.j~J_iliIiI'-' '''IlIIlil!llI---'"-~' (') C <~ lJ f;J Q.1f~n ~iE ciJ>-. -<-.. !::=G' ,.;:.'- ZC: .;;:(~ -C z =<! " .-"''''"''"' , c' C-i? 3:: ;:..~ .-< '-, ~"iJ r- -"-;:q T" ~) .r:- -n ::.; ;.--'.::: ,~ -'-;;C'" ~r" -< ::.- (.J'J '",-~.' _.~~ - . " - -.~! CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA & WESLEY EMLET - BI-AUTO ACCIDENT TERM, -VS- CASE NO: 00-4303 LABAN D. HOCK, ET AL - HOCK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GIRARD E. RICKARDS, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/23/2001 fr. on,,"1!;~ p~ RICKARDS, ESQUIRE Attorney for DEFENDANT DEll-287260 37415 -LO 3 ~~ ~ , ;;.l -- .~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA & WESLEY EMLET - BI-AUTO ACCIDENT TERM, -VS- CASE NO: 00-4303 LABAN D. HOCK, ET AL - HOCK NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOvERY PURSUANT TO RULE 4009.21 HENSANA CLINIC DR. KEYS MEDICAL MEDICAL TO: RICHARD OARE, ESQUIRE JULIA FELD CARALLE, ESQUIRE THOMAS B. SPONAUGLE, ESQUIRE KCS on behalf of GIRARD E. RICKAlIDS, ESQUIRE intends to serve a subpoena identical to the one that is 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KeS office. DATE: 10/03/2001 KCS on behalf of GIRARD E. RICKARDS, ESQUIRE Attorney for DEFENDANT CC: GIRARD E. RICKARDS, ESQUIRE SUE HAVERSTICK - 00HB-00092 - 5837B0961787998 Any questions regarding this matter, contact THE KCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166395 3741S-C02 ..- -~- ~ ;.:.- COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUM5ERLA..'.'D PAMELA & WESLEY EMLET -BI-AUTO ACCIDENT VS FileNo. 00-4303 LABAN D.HOCK, ET AL -HOCK SUBPOENA TO PRODUCE DOCUMEo.-rS OR THI:-.lGS FOR DISCOVERY PURSUA..l\-r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MENSANA CLINIC (SAm' o( Pf'"on or E:u:iry) Within lWe~' IUl) days Uter se.....ioe of this subpoenA. you UI ordered by the """" to produce the following documents or things: ~FF. ATTAr.HF.D a' MCS GROUP INC.. 1601 MARKET ST., #800, PHILA.,PA 19103 '''4_s\ You may deliver or maillegibJe copies of the c1lKumlfttl Of producet/Unp requested by this subpoen.. together with the certificate of compli&nce. to the patty making this roqUftt at thl adclrss listed above. You ....... the right to seek. in adunce.lhe ~uonable cost of preparing the copies Of producing the thinp _ght. If you fail to ?"oduce the documents or things required bv this subpoena. wit!-.in twenty (~l d.~.s after its se..>'ice. the puty se,,'jng this su~poena may seek a court order compe/lift. you to comply with i'_ THIS SL lIPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SAME: r,T'RARn E.Rlr.'KARns. ESO.o ADDRESS: 24 SENATE AVE., STE 503 CAMP HILL, PA 17011 TElEPHONE: 215-246-0900 5t,;PREME COtJ1tT 10 I: AITOR.~E" FOR: DEFENDANT DATE: !)DIvnh,r~1 {Jon I , Seal of the Court (~ff i /97) EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MENSANA CLINIC 1718 GREENSPRING VALLEY STEVENSON, MD 21153 RE: 37415 PAMELA EMLET Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PAMELA EMLET 4030 CONEWAGO RD., DOVER, PA 17315 Social Security #: 181-50-1494 Date of Birth: 06-02-1966 5U10-331114 3 7 41 5 - La 3 . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSHANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA & WESLEY EMLET - BI-AUTO ACCIDENT TERM, -VS- CASE NO: 00-4303 LABAN D. HOCK, ET AL - HOCK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GIRARD E. RICKARDS, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 10/23/2001 GIRARD E. RICKARDS, ESQUIRE Attorney for DEFENDANT DEll-287261 37415-L04 ~oo A".~.'M'~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA & WESLEY EHLET - BI-AUTO ACCIDENT TERM, -VS- CASE NO: 00-4303 LABAN D. HOCK, ET AI. - HOCK NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HENSANA CLINIC DR. KEYS MEDICAL MEDICAL TO: JULIA FELD CARALLE, ESQUIRE RICHARD OARE, ESQUIRE THOMAS B. SPONAUGLE, ESQUIRE MCS on behalf of GIRARD E. RICHARDS, ESQUIRE intends to serve a subpoena identical to the one that is 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 1010312001 MCS on behalf of GIRARD E. RICRARDS, ESQUIRE Attorney for DEFENDANT CC: GIRARD E. RICKARDS, ESQUIRE SUE HAVERSTICK - 00HB-00092 - 5837B0961787998 Any questions regarding this matter, contact THE MCS GRoUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166396 3741S-C02 ~" " -' - ~ ~ , -~,\. COMMONWEALTH OF PENNSYI. VANIA . COUNTY OF CUMBERLA..'W PAMELA & WESLEY EMLET -BI-AUTO ACCIDENT VS File :>io. 00-4303 LABAN D.HOCK, ET AL -HOCK SUBPOENA TO PRODUCE DOctJMEl.l'S OR THI::-IGS FOR DISCOVERY PURSUA.l\-r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. KEYS (S.ame o( Penon or E."df!') \,\'i:hin ~'e~' 1.:0) d~ys liter service of this su.bpoe~. you ,lie ordere-d by the C'Ourt to produce the following doc'Umenu or things: ~1'1': 1.'1''1' I.C1Wll ., MCS GROUP INC.. 1601 MARKET ST.. #800, PHILA.,PA 19103 (AdOres.) You m.~' deih'" or m~llegibJe copi.. of the dacuments or produce thin!' req....ted by thi. subpoena. together with the ,eni/iwe a: ,ompliance. to the puty mwng mi. reque.t at the address listeclabove. You n.n the right 10 se.k. in ad,'."ce. ,he ,u.onable cost of prepuing the copi.. or producing the things .....sht. If "ou foil Ie ?"oducelhe document. or things re'luired by this subpoeN. wit.'Un twenty (:!O) c:,~'s ailer its se,,'ice. ,he parry se,,'ing this ...poena may seek a Cll\ltt order compelling you to comply with it. THIS SLllPOENA WAS ISSUED AT THE REQUEST OFTIiE FOLLOWING PERSON: ~AME: GTRARn F..RTr.KARDS. ESO.. .'\OORE5S: 24 SENATE AVE., STE 503 CAMP HILL, PA 17011 TELEPHO:\E: 215-246-0900 ST.:PRE.'fE COURT 10 I: ATIOR.~rHOR: DEFENDANT DArE: l~~""ber ~1. ~C101 ~ry Seal of the Court : ~:f i /97) 1,-0 ~ L., EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. KEYS THE REHABILITATION TEAM 816 FREDERICK ROAD BALTIMORE" MD 21228 RE: 37415 PAMELA EMLET Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating 10 any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PAMELA EMLET 4030 CONEWAGO RD., DOVER, PA 17315 Social Security #: 181-50-1494 Date of Birth: 06-02-1966 SUlO-331116 374lS-L04 ~I' .J.-,' 'I.ra_i!j:~~I!!lJ~f1IiIlWjgAl>;ik~~~~.<i!lWOi:":ii~~lliiliilti.~ ~ L :;,;;lli:'-_\IiIIIlIiiIij;_"'''''''''''''"'= "-"~~_.~~ ~ :"d "-""' "'-- "," '""<=-"_.~-~ ~.~-;"~-,',-,,--'- ,.,,, ,._, ,., ,".,~~_,_ _.W ~ ~. Cl ~ ~(JJ lJ) L~~ -'-- ~-:,:,-:: ztv en: oj :::.(....-;"~ ~U 'Y:C 2-0 'PC 2- :2 >. <', " ... o -~ o '3 N <..r\ . ,~ ~~ '1iiIoM .':''1 o ...n --:> , ..,:)0--'. ,'~' ""'0 -~- -'" \i~,~~-\ \~}~?\ _.~ 5') --< r:-? - - i '"'=0' ~ '" , ~~ \ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PAMELA & WESLEY EMLET - BI-AUTO ACCIDENT TERM, -VS- CASE NO: 00-4303 LABAN D. HOCK, ET AL - HOCK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GIRARD E. RICKARDS, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in RuleS 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/05/Z001 DE12-215915 37 41S-LOS , ~_u ~. j,;~ ~-- " ~-i!i-' 10/05/01 01:45 7178463434 RICHARD DARE,ESQ. ~ 12152460959 . FROM ~ 2"'~1 ,10-05 NO. 505 Gl01 00:02 ~25 P.~lEUl <~~ 1601 Market Street, Swle 800, Philadelphia Pennsylvania 19103 (215) 24(; - 0900 Fax NlIIDber (215) 24(; . 0959 URGENT!!!!! URGENT!!U! URGENT!!!!! <r.rollER 5. 2001 fR'&A MEr PIlMEIA & ~ EMIEr . Bl~ Ja:IIENl: Vs LABAN D. B:CK. ET IJ. - lUX JM)JPS & SAl!A GlRAlID E. RIClQlllt6, ~ _ () - 'Ie h..-ve been :equested b1 the ~ti<n:d co.Jn$el to obta:iA DIlterial en an ~ted basis ftan tl'.e be 1= li~ custodia>... In. o:der to cllrl'ly \lith this requ..st 'WI! =-t hBw JClUl: sipture ll1dica:..i:1g t:bat yQl ..ai".. the tIolIlty-day l'lOtice poriod p'tOYided in llules 4009.2.1 and 4009.22. Plea4e fax this fQllll to us Jmrerii.ately at (2l.5) 246.0959 1lOith ~ 9~tIlt'l! sO that v;e lIBy,calp1y trith this ~st. lOOr "oopexatim owld be grea.tl y appreciated. Sincel:ely, s.o.KItWl PRICE ilistodi.ans : .JalN WPICIN;, D. C. Cculsel, ...., / ~IJ; -" YM_ ,.! Date. aIalAAD 0AllE. E'lQJIllE I agree to 'IO!Li.ve ..uting porkd I do ~t 3p;rl!e to.ai.ve nu.~' .lIJLIA fELD C,AllAUl';. ~ (717) 755-2530 I agree to ..uve waitil1g l"'t'i.<:d bau.: I do not: agree to -ive tule: !:ate: 'JB)W; B. sKIww, ESQl'!llE (717) 757-3783 I ll@.t'e9 w -ive ..uting l"'riod Dite: 1 do mt agree to wri.... Nl.e; Oate: ~i.&t: y..s_ )lc_ copie,: Yes_:-<O_ Rll.Wl-l:)4.l.l5 :3 74~5-C03 P.01/\31 OCT-eg-2001 138:59 . < 1WJICS> o 1601 M;trket Street, Suile8OO, PlIiIadelphia P.:::nl;Sy!vatti<> 19103 (215) 240 - 0900 Fax NWZlbCr (215) 240-0959 URGENT!!!!! URGENT!!!!! URGENT!!!t! o::tOI!l':ll. S. 2001 ~ !MD:' rJlMU. & 'a.E'[ M..E! - SI-AUro KX::lll!N! Vs !J\WIl). !l:OC. El:' a:. - a::CK J&."ll1!S & ~ ~E.~.~-()- ..." h.:lue been >::eq:tJeSted l>y the ~ti<:n>:l ~ to oOta:in llBtetial Q[l an e:q::edited bas;" iron tlle belGor l..isW custcclians. In ~r to caJllly v.ith this, re'P"st "" = have 1'= sip= :ind.ica~ that. 1tc Wa.ive'tM.~"" ~ perio'.i ~ ;n Mes 4009.2:1 ;trlli 4009.:22.. Please m this fomu" us ~ly at (m) 246-0959 '-'it:h vwr si2zlature so WI:. """ my caq,ly ~ tbU. .requt'St. . Yoor coopemt.iaJ, ...:>..>ld le g:teat,ly ~. S.i:ncerEly. ~ PRIa;; CustOCli..'!l!ls, JCEN In'Kl:NS. D.C. ~ l1EmCA!.. t"......'l'Pl.eol : . ~ QAE, EtJ:1]I1IE: (7l7J 846--3434 I agree to '<iliv", ....;.t.i:lg period Dote, :;; Qc not: ~ to..w.ve M'" Ll:ite: r;...,.,ie~:. Yes 1>JO ,........ -- JlUA mD Q\11AUE, ~ J7l7) 755-2530 I agree to ...,;ive wti%Jg period ::=.te, I do """ "it"" ~ ....;,...... role: I:l>te, 9oPie.s, Yes_ No_ 1KM\S B. ~. ~ I agree to wo,i"" =t:i>lg p:tiod I do lX>t: agree to WVl3 role: (717) 757-3783 , . dAIJ~~/~' /P4-Q{ late: ~ies' Ye5_ No/' Rll.Y1-:l.:i4U5 3 "74':1.. S - C 0;3 TOTI'lL P.01 ~~ . _"i ^ '111II-1':, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IR THE MATTER OF: COURT OF COHKON PLEAS PAMELA & WESLEY EHLEr - BI-AUTO ACCIDENT TERM,. -VS- CASE NO: 00-4303 LABAN D. HOCK, ET AL - HOCK NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOV1&RY PURSUANT TO RULE 4009.21 JOHN HOPKINS, D.C. MEDICAL TO: RICHARD oARE, ESQUIRE . THOMAS B. SPONAUGLE, ESQUIRE MCS on behalf of GI~ E. RIeKAlIDS, ESQUIRE intends to serve a subpoena identical to the one that is 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 the twenty day notice. period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 10/05/2001 MCS on behalf of GI~ E. RICKARDS, ESQUIRE Attorney for DEFENDANT CC: GIRARD E. RICKARDS, ESQUIRE - 00HB-00092 SUE HAVERSTICK - 5837B0961787998 Any questions regarding this matter, contact THE MCS GROUP IRC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-166580 37415-C02 " i_, ,~ '1- -,"" ~> .,J_ -'~ COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERL~'iO PAMELA & WESLEY EMLET VS File :-<0. 00-4303 LABAN D. HOCK, ET AL SUBPOENA TO PRODUCE DOCUM'E'.-rS OR THL~GS FOR DISCOVERY PURSUA.!I,;-r TO RULE 4009..2.2 TO: CUSTODIAN OF RECORDS FOR: JOHN HOPKINS, D.C. (S.ame of Persoll or S:llity) Within TW~' f:!Oj days oft.. service of this subpoena, you ore ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 (Ad_I' You ma~' deiinr or mail legible copies of the documents or produce thinp rtClaested by this subpoen.. togother with the cortifiute af compli."ce. to the pony maldng this request ot the address listed above. You ha,'e the right to .otk. in ldnnce.the ,"uonable cost of preparing the copies or producing the t1Un.p -sht. If you foil to ;>:,oduce the documents or things required by this subpoe.... witJo.in rwenty (:!O) cays ofter its ,,,\'ice. the pury se",ing t:us ,ubpoena may seek a court order compelling you to comply with ;0_ THIS SL"BPOENA WAS ISSueD AT THE REQUEST OF THE FOLLOWING PERSON: ~AME: GIRARD E. RICKARDS, ESQUIRE ADDRESS: 214 SENATE AVENUE, SUITE 503 CAMP HILL PA 17011 TEtEPHO~E: (215) 246-0900 SUPREME COURT 10 I/: ATIOR."EY FOR: THE DEFENDANT B ,,",lhono~ . .on at'J/l....o.>7 . JM-I'ft. r ry DATE: ~ ('-.... -" ,.., ".1 L...i 1 (,; :' , ::J :J. :.::> /'"X:) I I '-- Seal of the Court (:'11. i/9i) , ~ -~~'- _, _6 ,''''. ~"I EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN HOPKINS, D.C. 584 W. PALMER STREET FRANKliN, NC 28734 HE: 37415 PAMELA EMlEf Any and all records, correspondence, files and memorandumS, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: PAMELA EMLET 4030 CONEWAGO RD., DOVER. PA 17315 Social Security #: 181-50-1494 Date of Birth: 06-02-1966 8U10-331612 3 74:L 5 - L 0 5 '.' _1iMM1l;~~W~l!lIllW...~~~1iIii~~;i\ftdji jt;'.p' ._',~' ." ''-0'' 0'_ ,. "_M 'J',> .~ ~ 0 ~ " -.", ~-~"-'-- ... . ~~ '~"""'~<lid'llil&.V > ~, . ". '"-'1~" -" . ...,- 0 C 0 C -1"1 "c ::::> ~0'1 -'J .~~~ -t r-'O;; '~n i-;::;;; 2~C N cJ~ ~:2:-.. 'D ~~~~ -() .-cC" )>C~ W 0 lT1 z: "" .:< '" 11 (1'\ -< ~, ^ ., ---~~~ "~"",""l '"~ " I File No.: OOim-00091' fRAECIPE~FOR LISTING1CASE FOR TRIAL (M:ust be typewritten and submitted in duplicate.) TO THE PROmONOTARY OF CUMBERLAND COUNTY: Please list the following case ( check one): ( x) for JURY trial at the next term of civil court. ( ) for trial without a jury. ~''''';<ll!lK. ..., CAPTION OF CASE: (Entire Caption Must Be Stated In Full) 2 0 s:: ?l": "'UCIO Q (IifP Z:n N ~? <=> r::::c:' "- );;;0 :::: ~ --':',. ~g 9? z r:- ~ (P (Check One) ( ) Assumpsit ( ) Tresspass PAMELA AND WESLEY EMLET, (x) Trespass (Motor Vehicle) (plaintiffs) ( ) c:::. --Z-l -j~ ,-" =< vs. (Other) LABAN D. HOCK, The lriallist will be called on December 31. 2001 Trials commence on Januarv 28. 2002 Pre-trials will be held on Januarv 9. 2002 . (Briefs are due 5 days before pre-trials.) (Defendant) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to aU counsel,pursuant to local Rule 214-1.) PEARL I. YOHO, 00-4303 Civil Action - Law 20 00 (Additional Defell.dant) No. Indicate the attorney who will try case for the party who fIles this praecipe: Girard E. Rickards. Esauire. Attorney for DefeDrl~l1t. 214 Senate Avenue. Suite 503. Camp Hill. Pennsylv~ni~. 17011: (717) 731-0988. a.D. 58867) Indicate trial counsel for other parties if known: This case is ready for trial. Signed: ~ ~ ......- Print Name: Girard E. Rickards. Esquire Attorney for: Defendant Court I.D. 58867 Date: November 16. 2001 OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF vs. LABAN D. HOCK, DEFENDANT VS. PEARL I. Y OHO, ADDITIONAL DEFENDANT ~~.. ,.,1 .' >>li/!:I~,,_I ",,"'. " '^" ".." ,. ., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-4303 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant Laban D. Hock herein, and that he caused a true and correct copy of Praecipe for Listing Case for Trial to be served by regular first class mail upon: Richard Oare, Esquire 1434 South George Street York, PA 17403 Attorney for Plaintiffs Dated: November 16.2001 Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Attorney for Additional Defendant -~z~ Girard E. Ricw S, squire Attorney for Defendant Laban D. Hock , -- --- .- 'l_.',~ File .0.: OOfl]l-00092 fBAECIPE FO:Q; LfS~G "CASE FOR TRIAL (Must be typewritten and submitted in duplicate.) - , . TO TIIE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): ( x) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE: (Entire Caption Must Be Stated In Full) (Check One) ( ) Assumpsit ( ) Tresspass PAMELA AND WESLEY EMLET, (x) Trespass (Motor Vehicle) (Plaintiffs) ( ) (Other) vs. (Defendant) The trial list will be called on Febl'UlU'V 12. 2002 Trials commence on March 11 . 2002 Pre-trials will be held on Febl'UlU'V 20. 2002 (Briefs are due 5 days before pre-trials.) LABAN D. HOCK, vs. (I'he party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel,pursuant to local Rule 214-1.) PEARL I. YOHO, (Additional Defendant) No. 00-4303 Civil Action - Law 20 00 Indicate the attorney who will try case for the party who fIles this praecipe: Girard E. Rickards. Esquire. Attorney for Defendant. 214 Senate Avenue. Suite 503. Camp Hill. Pennsylvania. 17011: (717) 731-0988. O:.D. 588671 Indicate trial counsel for other parties if known: Jl.ichard Dare, Esquire, Attorney for Plaintiffs, 1434 South George Street,.,York, PA 17403; (~Th1;. 18631); Thomas B. Sponaugle, Esquire, Attlorney' ford\.dditionaFDefl;!nilimt, 110 South Northern Way, York, PA 17402 (I.D. 64584). This case is ready for trial. / .J/ ------ ~ Signed: ~~~ Print Name: Girard E. Rickards. Esauire Attorney for: Defendant Court I.D. 58867 Date: January 30.2002 , ~ I If' ,_ c^ 't;', , OOHB-00092 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendant, Laban D. Hock PAMELA AND WESLEY EMLET, PLAINTIFF IN THE COURT OF COMMON PLEAS CuMBERLAND COUNTY, PENNSYLVANIA VS. LABAN D. HOCK, DEFENDANT No. 00-4303 VS. PEARL I. YOHO, ADDITIONAL DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERnFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant Laban D. Hock herein, and that he caused a true and correct copy of Praecine for Listin~ Case for Trial to be served by regular fIrst class mail upon: Richard Oare, Esquire 1434 South George Street York, PA 17403 Attorney for Plaintiffs Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Attorney for Additional Defendant Dated: January 30.2002 Girard E. Rickards, Esquire Attorney for Defendant Laban D. Hock -. ~1!Iiil1i --""'-""Hi!iliO!!lIlIl\~~~biiiHl'$~& . " - "'''~ ','",,"<" ",_~-"_""""""'_P,,,-,,,,,,,,,,~,,~__ "~,,"', ",,_,~ ," of f ,,-<, .......~ ~."'- - > "'~ . '" ,.. .~" ,_~ ""_C,____-,,__,' . ;.~ <"_ ,'" ~d" '~...:: " ~, ~ - , 0 0 0 c '" <'"' '" -o~_... '-- mGJ ~ _0'_ D2 ~ z._., -~- c ~ zr;: w -._-- j--; ~;.E ~r-' :<~ -,-, ----;:.-:J )>0 :i: -i- ~ Z -' :.;~;J :e;C) I)? r-r'~ c: ~ ~ w :r.-.-: .c- ::0 -< --"", rr '-,o,! .1 '" r:" '. . . } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAMELA and WESLEY EMLET, Plaintiffs ovn.. ACI'ION - LAW V. No: 00-4303 LABAN D. HOCK, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETI'LE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above<apltioned matter settled, discontinued and ended. DATED: 3!lb /02.... Y submitted, Richard Oare, Esq. Atty. ill No. 18631 1776 South Queen Street York, PA 17403 (717) 846-3000 ", UIuIIlIiiiIlliIIIi_ ( -~-~- . ~\ , -~"J' ....,_; - ~~~~.- ~'>-"-- '<"',N-' ""_~'__' I' ...~~ ~ - ,,-'" -., ---". -~,",.., ,"'"'- " ~"-, " ... , o c: <" l~:' -.--' "- r;:"C, ~,~ "':;.~C'\ ~:;'g' ";"" ....--, ::;i ~, ~" -., If' ::-> ..., . . l. r"'- j:;:;:3 (\) cr', -~o ---:.:~ '"