The URL can be used to link to this page

Home My WebLink About01-06928 ~. .. TIMOTHY L. RAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA . v. NO. tJ/ ~ 1/1.)<:7 tad CECILE LACOSTE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas signuientes. usted tiene vienta (20) dias de plaza al partir de a1 fecha de 1a demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona a por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objectiones a las demandas en contra de su persona, Sea avisado que si usted no se fefiende, 1a corte tomara medidas y puede una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 akuvui que es pedido en la peticion de demanda. Usted puecio parder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DIMERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR n;LEPONO A LA OFICINA CUY A DIRECCION SE EMCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. Cumberland County Court Administrator Cumberland County Courthouse, Fourth Floor Carlisle, PA 17013 Telephone (717) 240-6200 HANDLER, HENNING & ROSENBERG DATED: 1~/:Jlol . r David H Rosenberg, Supreme Court I.D P.O. Box 1177 Harrisburg, P A 17108-1177 (717) 238-8000 By: Attorneys for Plaintiff(s) ~,,>. ~--"'-\'''-' __ ,.,,~,-,"~o". -;.-, "-.'__' ,~_" _,.",,, ,."..f.p 'c' " ~"::",.,, '~,C-Y"~,I.,,"~"Td_ . ,,'-f" . ',0 '",__ . "'"" - ..~~ ~ - TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COl\jlMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . v. NO. O{ -(; r ;rt CECILE LACOSTE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Timothy L. Ham, by and through his attomey, HANDLER, HENNING & ROSENBERG, by David H. Rosenberg, Esquire, and makes the within Complaint against the Defendant, Cecile LaCoste, as follows: I. Plaintiff, Timothy L. Hain, is a competent adult individual currently residing at 124 N. Pine Street, Middletown, Dauphin County, Pennsylvania 17057. 2. Defendant, Cecile LaCoste, is a competent adult individual currently residing at 751 Principale, St. Donat, Quebec, TOT2CO. 3. At all times material hereto, Plaintiff, Timothy L. Hain, was the operator of a 1998 Kensworth truck bearing Pennsylvania registration number AEI4264. The vehi.cle was owned by Seiberts Trucking. 4. At all times material hereto, Defendant, Cecile LaCoste, was the operator of a 1996 Mercury Sable bearing Quebec registration number 67IACZ. 5. At all times material hereto, Plaintiff was an agent, servant, or employee of Seiberts Trucking and was acting within the scope of his employment. 6. At the time of the collision, Plaintiff was a named insured on a policy with West American Insurance Company. "']!!~)~$):_" '---C"",'i..,'''"c'"_''!'';_,,~,''~d''1,'3''''''_,:,~,,-:- 'J.r;.,',~""'"",!"'"'~'~""~"",, -_,,~,,"', c"".OO ,c.' ~,-- -, _"~'" _~__, American Insurance Company. 7. On or about October 27,2000 at about 1:48, Plaintiff, Timothy L.Hain, was traveling south on Sr. 81 in the right lane. 8. At approximately the same time and place, Defendant, Cecile LaCoste, was traveling in the middle lane of the southbound Sr. 81. Defendant then attempted to exit Sr. 8lat Exit 20 from the middle lane. As she changed lanes, she suddenly and without warning, struck Plaintiff s vehicle, which rolled over onto the driver's side. 9. The aforementioned collision caused extensive property damage and was so severe that Plaintiff, Timothy L. Hain, had to be transported from the scene via ambulance to the emergency room at Polyclinic Medical Center. 10. The aforementioned collision and the resultant injuries to Plaintiff, Timothy L. Hain, were the direct and proximate result of the negligence, carelessness and/or recklessness of Defendant, Cecile LaCoste, generally and more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully proceeding on Sr. 81; (b) In failing to be reasonably vigilant to observe Plaintiffs vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could avoid striking Plaintiff s vehicle; (d) In failing to operate her vehicle in such a manner so that he could apply her brakes to avoid striking Plaintiffs vehicle; (e) In failing to exercise a high degree of care when entering a lane with traffic; (f) In failing to maintain proper and adequate observation ofthe existing traffic 2 i :'!'rx;,-;;- J J.l ''''. '" 'C .~~" ,""";;-~-'f"':,),. '~"" "",~". ",'n, ", .., "^,~.,, r<-,'~", ~,"~, "",0" "__,, ',F__ ",".~ ,.,,",,_' 0." ..< ',' .,,, .. -, , conditions; (g) In failing to be continuously alert, in failing to perceivel any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; (h) In driving her vehicle in a manner endangering persons and property, and in a manner with careless disregard to the rights and safety of others, in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; (i) In failing to properly and adequately observe the traffic conditions then and there existing; and G) For driving on roadways laned for traffic, in violation of 75 Pa. C.S.A. 9 3309. I I. As a direct and proximate result of the negligence of Defendant, Cecile LaCoste, the Plaintiff, Timothy L. Hain, sustained serious injuries including but not limited to a right arm laceration, mid and low back lacerations, severe scarring on the right arm and back, numbness in the right arm, and back pain. 12. As a direct and proximate result of the negligence of Defendant, Cecile LaCoste, the Plaintiff, Timothy L. Hain, ha~ been, and will in the future be hindered from attending to his ususal daily activities and duties to his great detriment, loss, humiliation and embarrassment. 13. As a direct and proximate result of the negligence of the Defendant, Cecile LaCoste, the Plaintiff, Timothy L. Hain, has been compelled in order to effect a cure for his aforesaid injuries, to expend money for medicine and/or medical attention. Plaintiff may continue to receive treatment and incur expenses for said injuries in the future, to his great detriment and loss. 3 ;-(..~ ~," -'Y>,""i"'/,'" ,~f'I-,";C>" .;o~':'.i"f',.'?'f"", -__, """"""'''~ ,- ,-, 0'. \_ ,,'._:'",,"", ,*,''''~O_~ _, ;"_.~' _~ ~=^ :""" .'~'~.~~,..- 14. As a direct and proximate result of the negligence of the Defendant, Cecile LaCoste, GUARD Insurance Group has a lien against Plaintiff, Timothy L. Hain, for medifal bills. 15. As a direct and proximate result of the negligence ofthe Defendant, Cecile LaCoste, the Plaintiff, Timothy L. Hain, has suffered a loss oflife's pleasures and he will continue to suffer the same, in the future, to his great detriment and loss. 16. As a direct and proximate result of the negligence ofthe Defendant, Cecile LaCoste, the Plaintiff, Timothy L. Hain, has suffered lost wages/income and may in the future continue to suffer a loss of income and/or loss of earning capacity. 17. Plaintiff, Timothy L. Hain, therefore, believes and avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Timothy L. Hain, seeks damages from the Defendant, Cecile LaCoste, in an amount in excess ofthirty-five thousand dollars ($35,000.00), exclusive of interests and costs, and demands a jury by trial. Respectfully submitted, HANDLER, HENNING & ROSENBERG Date: ldolS/OI I ' By: ~ David H. Rose rg, Esquire Attorney l.D 20569 1300 Linglestown Road Harrisburg, P A 1711 0-1177 (717) 238-2000 Attorney for Plaintiffs 4 "",.,,0;"_",'.._,:<, '?"""~~,"C;.,_ _'-_vg_-.l'_~ '"0'-''_''_'''''.'_'",,'.<,4_'0'7,''''''' '" -e".' "",~ ,_",-,_ ,'.."7" ' _'~' ~ '" '._. _s_; - ,~ "'~ VERI FICA liON The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents -of the document - are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: II-D'8 -0 I By, --r:~ rV~ Timothy . Hain '':r::~:} n".~ j .' "<',' . ,:~,!,;"'H"',,,,'!'!",'__'>";' r"':"~_',\',;1:'.", ,.,;!,O;;""~__" .,.d'~, ',_"""""__"","',_.~" .""",, ,,<," '7,. ,"'" . _ _ _ ",~" ,~_, 7>."" ___~, ^ "",,,_,.,_.~__., ~ __" ,~,~_ - ,,,,,""..=0 _" , ~~ . . -, TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT'(, PENNSYLVANIA ! v. NO. CECILE LACOSTE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nancy L. Bistline, an employee of the law firm of HANDLER, HENNING & ROSENBERG, hereby certify that on this day I am serving a copy of the foregoing Complaint upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by directing a process server to make service upon the below named individual: Cecile LaCoste 751 Principale St. Donat, Quebec, TOT2CO HANDLER, HENNING & ROSENBERG Dated: /;2/6/(J/ I ' B~~~ r;?~ Nancy L. Bi . e, Secretary '.'"il~3t:1l'_ f"T,j~ ,'--'-~ --,," ;,,-,-.,-, ,. -,' . ,,,=,,-, y,,~"o,__, ,,--:,."'_ "-,"",-c,:",~,--::"::,:~.;-_t';:-,,,,,, c, _ ,. , , . ',,". __.,,, -'__~': ,,_ ,Of'_ ' , --'",-~ - ,.. "C,,' ""~'" 'c.c"c,""hcc c, " '~ . ~.~-- 'j[ ~, " ""-~". . ., '-- ~- .,,,,, , -"'", ""~.""';"''''''''b~,,,,,,__,_.1i> """-0 ,'W"'~" 0'b.'~., -~ ~...,.~,~-^~,. . . ..... .. ..... . .... -'>',:"~" ~ ~> L:\ () C::'~l ';=) , ~ '1 & 2:; " '0) ~ ""'0.,-, ;\,. '.";:, c l7~!~; ) \ I , ,. tJ (,.., "'--".: \ ~. f_'.:L,. ~-\:-, '- , 'c' ~ ~, ...... ~ ;> =--") ~ ~ ~ :;::J --<4 In -<;; ~ "", -- -~ c.....'..'. ,J"_~""""""_.".' -,(.~.',;~.,:7-"~~~c~~ 4JJ.;1ijIj1l!!! :"I?___'7,:"~~F-'_;"":,:':":'~" . , " "_".,,l.'~~'~"?,!,-f_:~>,:-'~~~,~~> _';',:. _'" ,. _ ., . -"":~'~'1J,i?,...'I-<.\ .;.- RA WLE & HENDERSON BY: Peter A. Lentini Identification No. 50018 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendant, Cecile LaCoste TIMOTHY L. HAIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, CNIL ACTION - LAW vs. CECILE LaCOSTE, No. 01-6928 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, Cecile LaCoste, in the above- captioned matter. RA WLE & HENDERSON LLP Date: 0511848.01 ~'" ,_ .'.'d ""","" ","", " ,. ,. ", ,~ ". ',""1 - ',-,~<,~ .~ .~ ,--~" 0 Cl ~, \...-, C rv --;--, :5_ , J ,~ f+\ 7~ rn "'''- .- Z ~~~_i f-:;~, Z ~-. :..,j CD ~.' :":) -< ~-: ~ C: =:, '- -." );;-, --i,", "-/ () Zl",- c' C' r:'~ n rTi J:>C ~J -; :;~ U1 dB =<' .,- =< fS BJ/ !,,",-- ", :"-'0-.;- ,<"" l/"~:.:'- "'~":k"'\?i5",~I~{\:~_"~:"i';:'7~",/ ~,"'!' ~o 'WjJ",",__"..}T~J ~.;.. "'~'___'r':"""'" '__"__' ._ _ .,-,~.;;...+.______-"~,~_-:-_~.. _ _,""__", n, RA WLE & HENDERSON BY: Peter A. Lentini Identification No. 50018 The Widener Building One South PelU1 Square <: Philadelphia, P A 19107 > (215) 575-4200 ~ Attorneys for Defendant, Cecile LaCoste TIMOTHY L. HAlN. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, CIVIL ACTION - LAW vs. " r CECILE LaCOSTE. No. 01-6928 ENTRY Of Al'.l:'EARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, Cecile LaCoste, in the above- captioned matter. RA WLE & HENDERSON LLP Date: ll5l1&48.Ql III _.. I - o c z -u(".i3 f'il~:'; ~~.. r::;;,__ ~~.. --j ._<~ C) r~..) ::-c;~ - ~- - ,,') :'-..) 0) ~ j!f ~ ~__ ",,-, ,-,,'-', ,,'.' ,_I,IT, ~~, j!ij!l!_ ~l'i\--"" -~1.",,,,, ,~ ,!""",,:~~j~;j.:'i'W!,i\"W'P"CN'i"""-"_;';'~'; "N"":~~'~'>'iI)'~'''lMV~~~~:'1Jll.%jrifi~'M1.t-;,*~f-\'':@~~~~,L, _~~K:~ .]! RAWLE ~ND E RSONLLP FEB 2 5 2002 \f-" PETER A. LETNINI 856-797-8915 plentini@rawle.com Ten Lake Center Executive Par Suite 204, 401 Route 73 North MarItan, NJ 08053 Telephone: (SS6) 596-4800 Facsimile: (856)596-6164 THE NATION'S OLDEST LAw OFFICES ESTABUSHED 1783 www.rawle.com February 20, 2002 Court of Common Pleas Cumberland County Courthouse Fourth Floor Carlisle P A 17013 Re: Timothy Hain vs. Cecile LaCoste Civil Actin No. 01-6928 Our File No. 714,992 Dear SirIMadam: Enclosed please find an original and one copy ofthe Answer of defendant Cecile LaCoste to plaintiff's complaint with New Matter in the above-captioned matter. Please have the original filed with the court and return a copy marked "filed" to the undersigned in the enclosed self- addressed stamped envelope. Very truly yours, By: cc: 0627250.01 PHILADELPHIA, PA MEDIA, P A PITTSBURGH, PA MARLTON, NJ NEWYORK,NY "~T1!"tf" . '=-,,,,r,",_<~f,...,.;~-:,:",,, "'-',c',," ~', '0- "'---I: ,,~, '>~~"-, <'I ,,', ',.~~~., -, ~, fEB 2 5 ZOO? }Y TO PLAINTIFF: You are hereby notified to file a written response to the enclosed NEW MATTER within twenty (20) days from service hereof upon you or a judgment may be entered against you. RA WLE & HENDERSON BY: Peter A. Lentini Identification No. 50018 The Widener Building One South Penn Square Philadelphia, P A 19107 (215) 575-4200 Attorneys for Defendant, Cecile LaCoste TIMOTHY L. HAlN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, CIVIL ACTION - LAW vs. CECILE LaCOSTE, No. 01-6928 ANSWER OF DEFENDANT CECILE LaCOSTE TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Cecile LaCoste, by and through her attorneys, Rawle & Henderson LLP, answers the individual allegations in plaintiffs complaint as follows: 0606925.01 "~, "",,,~j,.. .. '," ';,'"',... '" ,,~_,~_~' "''"'_ "0 ' ,,,~,,,,,.,.,.<;, ,c.' !.q, .,. . ','",^,'" ' ,_"';1-__~,.'j. "~T '" _,~ , <'-'---.'< ",r "".0<--__" " ~~ 1. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this complaint, which are deemed denied. 2. Admitted. 3. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this complaint, which are deemed denied. 4. Admitted. 5. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this complaint, which are deerned denied. 6. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this complaint, which are deemed denied. 7. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this complaint, which are deemed denied. 8. Admitted in part; denied in part. Defendant admits that at approxirnately the tirne and place in question she was traveling in the middle lane of southbound Route 81. She admits changing lanes and that her vehicle and another vehicle came into contact after which the other vehicle rolled to its driver's side. After reasonable investigation, defendant is without 0606925.01 2 L,;, ",..n... ," ", "c-;,{o, ~J':"?'},;"1'1"!':f0'.):':~'!,-:~",f-f,,,,,,: "'-"'''<1 ..";;."'f:<;. 'I","'''";'"'' ,. ::-"'~""__c <;f-{':,.,.." " .", ! ~";.",' ~"" '''.. "'C. ,?,-" o~',__':'^.'.; ..:,'" !.,_, ",,', ','." :r,,~< ''7' ~ '''''..,' ''"''. .__""r, ,",,,'~" ,> ,," ~~'fii' knowledge or information sufficient to form a belief as to the remaining allegations and details in this paragraph, which are deemed denied. 9. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this complaint, which are deemed denied. 10. Denied. 11. Defendant denies all allegations of negligence in this paragraph. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth ofthe damage allegations in this paragraph, which are deemed denied. 12. Defendant denies all allegations of negligence in this paragraph. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the damage allegations in this paragraph, which are deemed denied. 13. Defendant denies all allegations of negligence in this paragraph. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the damage allegations in this paragraph, which are deemed denied. 14. Defendant denies all allegations of negligence in this paragraph. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the damage allegations in this paragraph, which are deemed denied. 15. Defendant denies all allegations of negligence in this paragraph. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth ofthe damage allegations in this paragraph, which are deerned denied. 0606925.01 3 , '>J -,'!,> ~~" ,-;,,,,,<~~0;/,:jr,,"';~;;'A~T' ., "',' "'-?',.; .', ,~<~,>:. "",,,,,!!",",1!~',,~:,,,?,,.,~;.,v.,, '"'/j ".r "C ~; ",~,''&',n,'~ .'-','," ~,,~,;.;<','7"" ,-,~":,<.,, '", ",." , .~ ' . ,., , 'i,c' 1ff'-~-' 16. Defendant denies all allegations of negligence in this paragraph. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth ofthe damage allegations in this paragraph, which are deemed denied. 17. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this complaint, which are deemed denied. WHEREFORE, defendant Cecile LaCoste denies that she is liable to any party in this action in any sum or sums whatsoever. NEW MATTER By way of further response to the allegations of plaintiff s Complaint, defendant asserts the following New Matter: 18. The Complaint of the plaintiff fails to state a claim upon which relief can be granted. 19. All claims for relief set forth in the Cornplaint of the plaintiff are barred and/or limited by the doctrines of contributory and/or comparative negligence and in ac(:ordance with the provisions of 42 Pa. C.S.A. 97102, because the negligent conduct of the plaintiff caused or contributed to causing the damages set forth in the Complaint. 20. All claims for relief set forth in the Complaint of plaintiff are barred by the doctrine of assumption of the risk. 21. No negligent act of omission or commission on the part of defendant was the proximate cause ofplaintiffs alleged injuries and/or damages. 0606925.01 4 "J,li __".' .,',"." "<"'';'',;:'':;i(!:-;~~~~,:,.:,~Fr,'t.C?e:~:f-:::'f'':;f;!-",",",. ',%~~"l",:~r"z '~lIY ,","",- "~"~r,.,,,," ',..:'1'" ""'~~'.".'"', ".O.,~,""" ",,";.' ',",'.Oc', " ::1_"''':0._',.,<" ~'j ". " '"~." ~jC ~ ,~~._~ 22. The injuries and/or damages suffered by plaintiff were caused by a party or parties other than defendant over whom defendant exercised no control. 23. Plaintiffs claims are barred and/or limited by the doctrines oflaches, waiver and estoppel. 24. All claims for relief set forth in plaintiffs Complaint are barred and/or limited by applicable municipal, state and/or federal statutes or regulations, including but not limited to the Pennsylvania Motor Vehicle Code. 25. All claims for relief set forth in plaintiffs Complaint are barred and/or limited by the applicable Statute of Limitations. 26. Plaintiffs clairns are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. gI710,et. seq. 27. Plaintiffs claims are barred and/or limited by her limited tort selection. RA WLE & HENDERSON LLP Dated: ~jr;/~ By Peter A. Lenti i, Esquire Attorneys for Defendant, Cecile LaCoste 0606925.01 5 ":, """o/:!:'7~"::""",,,,~~<,:,\~"?,,,-:.,:;,q,:',~,;;:;,, :,:",,,,,,,,>~,,,:>x,,,,,,,,,,,".,t"~t-':':t'tP:,,;P': "".!':'7<'~*", \'~:.'l""'."",-~ \"}' ,~--".O":'-'''' , ';;, ""~-""""'"',..__e"",.",,,.,,,,:,,,,, "+--..'< , ""-'; .'."~'. .,.,.., '., 'I '_.c. ~X"'~~ . '" ~.~. CERTIFICATE OF SERVICE I, Peter A. Lentini, Esquire, attorney for defendant Cecile LaCoste, do hereby certify that a true and correct copy of the foregoing Answer with New Matter to Plaintiffs Complaint was mailed to the following counsel by United States First Class Mail, postage prepaid. David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17110-1177 Attorneys for Plaintiff RA WLE & HENDERSON LLP Dated: z/zi,r- .r2~c Attorneys for Defendant, Cecile LaCoste 0606925.01 7 l.. :_,',. ~ " f" ".-".-~.":-e~~(.~"!i",",'~'1{"'~::~"'~:""~:,;F,,;<,,.,:~~,,"!!.:. '<\L/"J'~;.t~:"'~""""":,'1f",:,"'n'_~"j'~,::,," "',", ',~.~..~, "~', ,')""".<>,,.---.. , c . ", " .",. "p__ ~ ,.J ,-,'11-- '"", " .,. .."". :t...'O, " VERIFICATION I, Cecile LaCoste, state that I am acquainted with the facts set forth in the foregoing Answer with New Matter to Plaintiffs Complaint; that the same are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A !}4904 relating to unsworn falsification to authorities. ~u~, -L~ Cecile LaCoste - Dated: fee::. 5 100"L I 0606925.01 6 ~1""XG> " .:'~ :""V:"__-t,.~~,o,,~- ",?,o,,,",,,,,.,,,,,-, __,o".c~<~''''. "7"/:.:1":'.'"' . . c'?"' :~,z~'~,"':' ~:,"":'f,f; ,?,.".t"+,,,.,:,. ',,"<->"'/ --"C',.~,~~,-.".LC,("f'i~" ,'"'' _ ",.h.",_ , " . " ,> " , .!' A' VERIFICA TION Cecile LaCoste states that she is the defendant herein and that as such he/she is authorized to make this Verification on its behalf; that he/she has read the foregoing Answer of Defendant Cecile LaCoste to Plaintiffs Complaint with New Matter and knows the contents thereof; that the facts therein contained which are within his/her knowledge are true and correct; and as to the other facts therein contained, he/she is informed, believes and therefore avers them to be true. This Verification is taken pursuant to the penalties of 18 Pa. Cons. Stat. 94904 relating to unsworn falsification to authorities. The undersigned understands that any false statement made herein is punishable by law. ti?'~d /~;C~ Dated: ku. 5 I ~ 00 J...; 0606925.01 8 '"'U~,l,,,,,, '1" "?:~:>:.,:,:~, d,'.7:;;~' ~t:'~'./'~\'\'T"':,:I}' :c~! "-zr;;J!'1':"'/:~'i'j01 ,'^ ,>, ~'~ 1'8S" ' - ;" ~''':'~,..~". "'i~'''''-,'' ;~'ift", ':'''i'''''J',,:,~ ~.~,.,y,;; ',""p"..." , ,".;p ""'~",i; '''~'~''''''C','~ '.', ' 'I' 1,"1""""" TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-6928 CIVIL CECILE LaCOSTE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Timothy L. Hain, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by David H Rosenberg, Esq. and replies to Defendant's New Matter as follows: 18 - 27. Denied. The allegations in Paragraphs 18 - 27 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. -1- ,,'~. "'" '-;"';.i,~""':-'~:;' ,.~, '~!~';^"~-' .':"i"".~;;:.'__"t.;~,~7"F ,.--,"%";>'.~:"=:",;". c !Ct,::-~.., '..J~".c;,? ',YC,,_""'" '.' "'.',';' ."",C.,_ c .'"_",'""<.",,,,.,<. 'P.cc' >__"", >_,':>~'".' ".'".. if --> -~ '- WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's allegations and enter judgment in favor of the Plaintiff. HANDLER, HENNING & ROSENBERG '3( 1(6 C By David osenberg, Esq. Attor ey I.D. #20569 P.O. Box 60337 H rrisburg, PA 17106 ( 17) 238-2000 Attorneys for Plaintiff DATE: -2- '-"''r}1;1' ,--;, '.,,,^,,,;c:.-,~,,,.';,,,,,",,~!,, e''';,',' ~,.? -, . ,.-'.-"N:SP."'":"',,:"?c'" ""\"""'F','h'.\'.~~~~~.,"'~' .'!",J~'" _:,~ "~.'" """ " ~.o,<:",O' ' ~~."-"""~.""o..,.,,,,,",,'i ,',',", -",,,,,.,. .. ,"Y, ." ~', """ -:;(" ,~..-- - ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on the Defendant, CECILE LaCOSTE, by sending a copy of the same to her counsel of record, Peter A. Lentini, Esq., RAWLE & HENDERSON, The Widener Building, One South Penn Square, Philadelphia, PA 19107 by United States Mail, regular service, in Harrisburg, Pennsylvania on MarchA-, 2002. HANDLER, HENNING & ROSENBERG David H R senberg, Esq. Attorne 1.0. #20569 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff j h!OL- DATE: ,",t;~:'ITr - '~__~ "~"')';";V~"":>c'k ':",'7', :~'7r:' ~,~ "',,<i':'.' ',10~~" ,~'r,'~~x.;;;.~;-"j",:' ,',-I'..'.'" _".,. ,,~.' _ ". 'r,.,~^~ ;__'V"_:'~"." ;,",' ",~,' ",''',,'~'', ","~ _ "',,,.e~',",~"'""" ,"e~ '0',.",_ _ ,. e, _,,-, ~'"" 'W~," . ;" ".,' ~'" Jt"" """,~,,,,,,,,,,,'" , " '.T,7-..<~"", v--;''''''<', ~. 'J! , -!,\,'-::~I'~"o.~=::,~'~ J".,.~ k~ " -~, ~~, '. ., .~ "r.~,,,~,,. ,.".,-. ~"..~"~.~,~ ,iLL U.~.I:~~,~.+~",.~;i~" " ", ... '""'''''''''''r "I liiilillil 'liT 'I( Yili' (') C.J- ~ r'_~ " -. -0 l' ~L." ,J m r;-' "'J Z ::L' I ~:: L~: c <.)", , U' -( ~; ..0 ~+1 ~X --.,~ ,;..:, -"'~ :-" r-G >(':: r;~ (5 -< ~-:- 5:i -" -< (l" -< ,,~.Jlf~:':~W:,~~~~;M~'tifJj~W,r~.~~: ~:~:'("'-:;-"""_=' """'C,, ' ~ '. .. TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CECILE LACOSTE, Defendant NO. 01-6928 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of July, 2002, upon consideration of Plaintiffs Motion to Compel Defendant's Responses to Plaintiffs First Set ofInterrogatories and Requests for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ILIA- esley Oler, David H. Rosenberg, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Gracia R. Montilus, Esq. Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, P A 19107 Attorney for Defendant ~ (>v' -.. O. ,.I. '7- 0:2.,- ()~ Cf--- :rc "J~.""".!,,? " ~ , --f ",~ . ;if?ji~'~Bj~:~fci(~~rij~;jt'~t:d:bl:1{" "l':-{:~~~~1t~~~~W~~\\jjfil~::{"';' Y" "'i:liIln'.j) C i ~<""~'i'-,~\ 'A"'''''''JaIii ",,',,'cf'<"'"'' "" ",-,,' CiLr~:n-O::HCE Cf :", ,:'i":;T..,,~j~'<()F\;l1V ~'5.J f1'~ Jlll U!:' "- k, ".1 I>; ,.,. ,,-; d t~. I... I '^lJ'I~';P["j:'"".: :'(';11'11\' v /,~,~~: [t.",! ",',--, ,..}.".,,__,r... . PENNSYLW'!']IA .. !,d\lJlJJill!,R,J""lHI.AlIIIlll!,,,,LI~)l,.,.,, ,!"" "'"dL """ "". ~", 'Y'-'lf"1T< -" - - '7'" : JUN 2 4 2002 .~ .. TIMOTHY L. HAlN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6928 v. CIVIL ACTION - LAW CECILE LACOSTE, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this _ day of ,2002, upon consideration of Plaintiffs Motion to Compel Answers to Plaintiffs First Set of Interrogatories and Requests for Production of Documents, IT IS HEREBY ORDERED that Defendant, Cecile LaCoste, respond to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents within days of the issuance of this Order. Failure to do so will subject Defendant to sanctions as set forth in Pa.R.C.P. Rule 4019. BY THE COURT: J. '?'~t-.:,:! ~,'" ",'__' ''": " \.,,~ :."' ""'1.- ,.'1,','.',.,"..-- "&,',' "', ., --" ~" . -, . ''''', ....,'.., -"'"'---,' ',""." , _>;/.' ,. ",- ,,"' ~, ""0.. ' .." , t" "'--" .>>'" ".,J~ ., ,. l1W\motions\cornpel discovery\hain _compel disc TIMOTHY L. HAIN, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6928 v. CIVIL ACTION - LAW CECILE LACOSTE, Defendants JURY TRIAL DEMANDED MOTION TO COMPEL DEFENDANT'S RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REOUESTS FOR PRODUCTION OF DOCUMENTS AND NOW, come the Plaintiff, Timothy L. Hain, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by David H. Rosenberg, Esquire, and hereby rnove this Honorable Court to compel the Defendant, Cecile LaCoste, to file complete and responsive Answers to Plaintiff s First Set of Interrogatories and Requests for Production of Documents, and in support thereof, avers the following: 1. Plaintiff, Timothy L. Hain, is a competent adult individual currently residing at 124 N. Pine Street, Middletown, Dauphin County, Pennsylvania, 17057. 2. Defendant, Cecile LaCoste, is a competent adult individual currently residing at 751 Principale, St. Donat, Quebec, Canada TOT2CO. 3. On or about December 7, 2001, Plaintiff, TimothyL. Hain, filed a Complaint in the Court of Common Pleas of Cumberland County alleging that personal injuries were sustained on October 27,2000 resulting from a motor vehicle collision that took place on SR 81near Exit 20 in Cumberland County, Peunsylvania. 1 ::t~)Br.." 1~. , .,,",,',",0, ~...,". '0', "(',.,"" ''1; --.,. '," -<'-;-~-' ,:'31 "",' .'~. " ""', ",~ ,',,, -"~~':'" ".."::,,~\;,:-,.,.,, ' .7" "-." "~'--"" "" "'..,~ ' . . .' 4. On or about January 3, 2002, Attorney Peter A. Lentini entered an appearance on behalf of Defendant Cecile LaCoste in this matter. 5. On or about February 6, 2002, Defendant, Cecile LaCoste, Answered Plaintiffs Complaint with New Matter. 6. On or about March 5, 2002, Plaintiff, Timothy L. Hain replied to Defendant's New Matter. 7. On or about April 8, 2002, Defendant, Cecile LaCoste, was served with Plaintiff s First Set of Interrogatories and Requests for Production of Documents. 8. Pursuant to Pa.R.C.P. 4006(2), the party answering Interrogatories "...shall serve a copy of the answers, and objections if any, within 30 days after service." 9. As ofthe date of this Motion to Compel, Plaintiff has not received a response to his First Set of Interrogatories. 10. Defendant's responses to Plaintiffs First Set of Interrogatories should have been served on or before May 8, 2002. 11. Well over thirty (30) days have passed since Plaintiff served Defendant with his Interrogatories and, in fact, over 64 days have passed. 12. Plaintiff believes and, therefore, aver, that the information that could be gained by the responses to his First Set of Interrogatories is necessary and vital in order for him to properly litigate his claim. 13. Pursuant to Pa.R.Civ.P. 4009.12(a), "[t]he party upon whom the request is served shall within thirty days after service ofthe request (1) serve an answer including objections to each numbered paragraph in the request, and (2) produce or rnake available to the party submitting the 2 ":'" ,;__;";.,,,~ " ';"<',H ,., " ',-. ,.,. ~~__:,::_:_~'i 1;''- "'" ::"':';'",T":':~, '::~-- >,--~ ,'~' ~,'''f' . " .~~'" >''C" "-,, " . ~., , ,1;2' """'''."':':''',Y::-',~:o,"" " r r~"""'''''l'L'^' 'C...', .-. . .. request those documents and things described in the request to which there is no objection." 14. As of the date ofthis Motion to Compel, Plaintiff has not received responses to his Requests for Production of Documents. 15. Defendant's responses to Plaintiffs Requests for Production of Documents should have been served on or before May 8, 2002. 16. Well over thirty (30) days have passed since Plaintiff served Detendant with his Requests for Production of Documents and, in fact, over 64 days have passed. 17. Plaintiff believes and, therefore, aver, that the information that cOHld be gained by the responses to his Requests for Production of Documents is necessary and vital in order for him to properly litigate his claim. 18. On or aboutJune 9, 2002, Plaintiff s counsel notified Attorney Lentini that responses to discovery requests had not been received and requested that Mr. Lentini advise when Plaintiff could expect to receive responses to discovery requests. 19. In order to complete discovery and move this action expeditiously, Plaintiffs respectfully submit this Motion to Compel Discovery. 20. Assuming arguendo this Honorable Court does not grant the foregoing motion, Plaintiffs respectfully request a discovery conference. WHEREFORE, Plaintiff, Timothy L. Hain, respectfully request that this Honorable Court issue an order compelling Defendant, Cecile LaCoste, to respond to Plaintiffs First Set of Interrogatories and Requests for Production of Documents within twenty (20) days or suffer such sanctions as this Court may deem just. 3 ,',.;.~~'f;',lJ.~" ~.-' ""r ,~..<, ';'~" , L . ~" ," <"" . ':'i,...,;C'.,."''.. ~"',,T.-,' "' '; "; :'""~,^"" ",".~.',e:,:" ., ,"'--'...;-""",..,.." F%t~"""""-" ",~,.,~L",. .. Date: ~ -/1 ~ o:J..- '\Jlj.,ilP~,,~ _ """--<'f ',' ~,' ~, " ,.,:" ,~, ~ , !"<":". , ' ,.,1'" .. ',C,","TC:::;,-:,,"" '" ",,'" <'",---:,,,f'.;~.-;"'<'- Respectfully subrnitted, HANDLER, HENNING & ROSENBERG By: Davi H. Rosenberg, Esquire At rney J.D. #20569 1 00 Linglestown Road arrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 4 ':' ~ '0'"" ,- 0--:"1 '~;"""C' "',U' " ,,',-,.',j'f ~'" <,' ~' ". ~",' .f~. ,> ,',- '''I it"' ,'~ "=- ,< ',~ .u,~ ',- ~ . . TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6928 CIVIL CECILE LACOSTE, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, David H Rosenber, Esq., an employee of the law firm of HANDLER, HENNING & ROSENBERG, hereby certify that on this day I am serving a copy of the foregoing Motion to Compel upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by directing a process server to make service upon the below named individual: Cecile LaCoste c/o Gracia R. Montilus, Esq. Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 HANDLER, HENNING & ROSENBERG Davi Dated: ~- I cr - 0 d- By ';<~,,~r ,.~,,,~,..~.:;.,~-,,. ',,""f";"'-'o--' "'\ ''''''~'', .,;..':''':1..>'7:',..':'''.,'.,----- . :'1":--:'}':;' , ~ . " " ", '-- ,- , C"o "^ "TC' , ~,,";_, r ,. ,e'~ "; " . ,"__C"'''' >*8 ."~, ~ ,~, ,-~,~', 7-'.' "'-""0' .','" ',_",c",,~ "'rr ,A'," ,.-"' r illnJ~ ' "lIT'!" 't' . . 0 co 0 C "J -n -? '- -~ < t1;::;";. ,- ~ "- '--~;i, ~ . ;:-.:;",! [1[1" i~;l Z ~~:~J i'......, - -, ~~l': (;::J C? C-1 r:::\:_) -" .-; ~ ~f?j ~.~,~ S;~~ S'? L.j Y"C:' -l <> :2:: "..) :0 ::2 .T' -< /$s _6;{/ ~D.~.e'" .~,.'.,,,,. ,'"' ,~, ,~, .~T"'1.~lTi!---,~",r,," en? ~"O" ..,UJ!: ,', --' --~..,.."" ,no - ',"7{:I",. r!':,:~;" i,;.,~;:-e,.~,,!~J~.~.~,~~~~;jf~~"fW!!~f;ll:1:" J~ ,,>;' ," ~.:'i '~ l' ~c,-!,~,,~lt~'."~~ '~.~~j j""""~ H ~W' TIMOTHY HAIN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :NO. 01-6928 CECILE LACOSTE, :CIVIL ACTION - LAW Defendant ORDER AND NOW, on this --2.2.!day Of~, 2002 and upon consideration of Plaintiff, Timothy L. Hain's, Motion to make the Order dated July 1,2002 Absolute, it is hereby ORDERED that Plaintiff, Timothy L. Hain's, Motion is GRANTED, and the Defendant, Cecile LaCoste, will deliver to Plaintiff, Tirnothy L. Hain, full and complete answers and ..1esponses to Plaintiff's +wnl, Interrogatories and Requests for Production of Documents within f4h~~ (' ") days of receipt of this order or suffer such sanction as this Honorable Court deems appropriate. t~~~ ~ - :(3-02 X /aJ1t Rosen bll"7 /rr) ontO, I us I. J. '^~~lljjr .8~~M~J!., __ ,. ~, . I" . r~ - . ~ ~ .""!O~, ._~ 'f'''"~~~ ,;,!,:,'~t*",',-(1;'-B;ilh~~'&l1l!lJiiid~{;j%l.~~~~"it}iffuwm.'1~1l-'u"dn1'ih:i''''2U",,<,;,?' -"v ',;'-,:i:"j ~"''''Jic,,,,">;.,j..,,,,~,,,,,,,,,,,~;i'ti;,;i!:Jli&;L~~!i\!j''jM<J~i1I1!m.#W~ , ..!!1il!li;~Bti~~1h:',~.!/",.,;k':",' .;.-t.-,;,.,~, 'r" "'"" 02 AUG 23 M\ 10: 26 C5 ~4 ~lLE!)-OfF\CE OF THE cPOTHOi\IQTARY CUM8ERVND COIJNTY PENNSYlW'NIA <. <<.< . - "-~~,~~,"."~. ___..,0 ,'.,ill .' , jjw\motions\hain- ruleabsolute-disc. wpd TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 01-6928 v. CIVIL ACTION - LAW CECILE LACOSTE, Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Timothy L. Hain, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by David H. Rosenberg, Esquire, and hereby moves this Honorable Court to make the Order dated July 1, 2002 Absolute and Compe:l the Defendant, Cecile LaCoste, to file full, complete, specific and responsive Answers to Plaintiff, Timothy L. Hain's, First Set of Interrogatories and Plaintiff, Timothy L. Hain's, Requests for Production of Documents and in support thereof, and aver the following: 1. On or about December 7, 2001, Plaintiff, Timothy L. Hain, filed a Complaint in the Court of Common Pleas of Cumberland County alleging that personal injuries were sustained on October 27,2000 resulting from a motor vehicle collision that took place on SR 81near Exit 20 in Cumberland County, Pennsylvania. 2. On Or about February 6, 2002, Defendant, Cecile LaCoste, Answered Plaintiffs Complaint with New Matter. 3. On or about March 5, 2002, Plaintiff, Timothy L. Hain replied to Defendant's New 1 ~.~( [ .- ~, . ',' ,t',,:*:","~~.:'>< ~i.:~-:,,,{:!:;Z'.,,"-;"f:f.j!,;,:,:;,'y,,~,,-<:"':c1"!"~"~""r:'.":""i""i'!':'~'i,~;\,,__,--,,,'~f',,"~'r"'}-+'},~7'~ "';;"'~';;'~"'" , - ", "'>,__~' ~ '",<,.-",,", 1"'.""7;,," ~-''''''_:''','''''' ,"0""r" ".""',, 1'._, ,'''~' .,." ,.,.- ',- ". , "" ."' < !J!! -~~-- " ,~ , ^ Matter. 4. On or about April 8, 2002, Defendant, Cecile LaCoste, was served with Plaintiffs First Set of Interrogatories and Requests for Production of Documents. 5. Pursuant to Pa.R.C.P. 4006(2), the party answering Interrogatories "...shall serve a copy of the answers, and objections if any, within 30 days after service." 6. As of the date of this Motion to Compel, Plaintiff has not received a response to his First Set of Interrogatories. 7. Defendant's responses to Plaintiffs First Set of Interrogatories should have been served on or before May 8, 2002. 8. Well over thirty (30) days have passed since Plaintiff served Defendant with his Interrogatories and, in fact, over ninety (90) days have passed. 9. Plaintiff believes and, therefore, avers, that the information that could be gained by the responses to his First Set of Interrogatories is necessary and vital in order for him to properly litigate his claim. 10. Pursuant to Pa.R.Civ.P. 4009.12(a), "[t]he party upon whom the request is served shall within thirty days after service of the request (1) serve an answer including objections to each numbered paragraph in the request, and (2) produce or rnake available to the party submitting the request those documents and things described in the request to which there is no objection." 11. As of the date of this Motion to Compel, Plaintiff has not received responses to his Requests for Production of Documents. 12. Defendant's responses to Plaintiffs Requests for Production of Documents should 2 '>l!,.~_,~ "" , :",;""t}:~},"i:::-:-r:'-:"~:"W"">"".;'!{'j,~ 'i:",~' ,',' ~"',"" __J'c.'." "><,,,.:-,,","';,,'";'~:"-:-'''~'I'''''<'~':':''';''~' .~>"': ,o~,o,';~";';-:'r" '.' ,\-'--i-. >."." , , --.."'~:.,'8 ',';'." "",-;,,"/,:,.;, " .'~7 ,~, ,,; -- ,,"."'. 1', +J!", ~,17';,'" " ." ,I' d?' "j'" ,--..'~' "C' , " have been served on or before May 8, 2002. 13. Well over thirty (30) days have passed since Plaintiff served Defendant with his Requests for Production of Documents and, in fact, over ninety (90) days have passed. 14. Plaintiff believes and, therefore, avers, that the information that could be gained by the responses to his Requests for Production of Documents is necessary and vital in order for him to properly litigate his claim. " ij 15. On or about June 9,2002, Plaintiffs counsel notified Attorney Montilus, Attorney i'i :1 Lentini's associate, that responses to discovery requests had not been received and requested that Defendant advise when Plaintiff could expect to receive responses to discovery requests. (See, Attached as Exhibit "A"). 16. On or about June 20, 2002, Plaintiff, Timothy L. Hain, filed a Motion to seeking to Compel Defendant, Cecile LaCoste, to provide Answers to Plaintiffs discovery requests. (See, Attached as Exhibit "B"). 17. On July 1,2002, this Honorable Court issued a Rule upon Defendant, Cecile LaCoste, to show cause why the relief in the Motion to Compel Discovery should not be granted. The Rule was retumable within 20 days of service. 18. To date, Defendant, Cecile LaCoste, has failed to respond to Rule to Show Cause and has failed to give any reason why Plaintiff s Motion to Compel should not be granted. 19. Plaintiff hereby requests this Honorable Court make the Order dated July 1, 2002 Absolute, and Compel the Defendant, Cecile LaCoste, to provide the requested answers and documents. 3 :,:",,~,[;;gr, ,~ 'i "'"~'.,f,~ .".J!: '''''/'',c''''",,'~!;f:'''. ";.':~"., .,''ti:.; ,. ,'"' -'c~';:J <__,': ", y ...,~"c';o~'" 'l'~' '1:..'' !^'. "" ".~ ' , 0," -' c'" " "--, , "".0' """'0' .,"",,,,,,,, , , "~--'~"-- ",~,~,'"", ,.""~,",,, ~. ~." o!)."',"c( ." ~'iii~ : " WHEREFORE, Plaintiff, Timothy L. Hain, respectfully requests that this Honorable Court issue a Rule Absolute and compel Defendant, Cecile LaCoste, to file full, complete, specific and responsive Answer to Plaintiff, Timothy L. Hain's, First Set of Interrogatories and Requests for Production of Documents within fifteen (15) days or suffer such sanctions as this Court may deem just. Respectfully Submitted, HANDLER, HENNING & ROSENBERG Date: 'i/7(6 L By: David osenberg, Esquire J.D. # 569 130 Linglestown Road P.O. Box 1177 Harrisburg, Pa. 1711 0-1177 (717) 238-2000 Attorneys for Plaintiff 4 ;.,;')iil..~]j),>, ,^.",." ''-...0>;'';~r//,7,~--'~'''Yr"\"''w--,."--'~'''?''''.;.I:.~ "~",'~"oh?' ',-.-,'." --t. ,,'<'" "~". ' "",.,".~. :,~",'.h~.," +";'~ """', \,,,:,~'r" 1''':>'..',' .'" "', .--' . Gndlvr. '4Znning'rr ' '. I osenberg H,AJ?IIISBURG OFFICF 1300 UngJestown Roac Harrisburg. PA i 711 C- , il~7-.23s-joor 1-800-422-2224 717.;:33-3029 Ifaxl ATTORNEYS AT LAW LANCASTER OFFICE f 40A E King Street L,mcaster. PA 17602- 717-431-4000 Leslie B. Handler. I~etrred W. Scott Henning D4vid H Rosenberg (PA, FLJ Carolyn M. t\Mer [PA. NY. RN] MattheW S. Crosby IPA, NJ) Gregory M. Feather (PA, NJ) Stephen G, Held Jason C Imler ,June 9, 2002 DIRECT MAIL TO: P.O. Box 60337 HarrIsburg, pp., 17106 www.HHRLaw.com Rosenberg@hhrlaw.com Gracia R. Moniilus , Esq. RAWLE & HENDERSON LLP Ten Lake Center Executive Park Suite 204. 401 Route 73 North Marlton, NJ 08053 RE: Timothy L. Hain v. Cecile l. Acoste Dear Mr. Montilus: I want to follow up on our telephone conference of May 1, 2002. We had a discussion concerning settlement and you were going to get back to me shortly. It has been over a month and I haven't heard from you, I also want to remind you that I have not received your Discovery responses and that has been over two months. It is apparent that you have no intent to try to resolve this matter and I am going to move forward with Court intervention. Very truly yours, HANDLER, HENNING & ROSENBERG ~) / '1 " .-J ,/;.' / > ; ~ I .. ~ .,' / "~/I//.'~' / ........:-<---:0..--... David H I1Qsenberg DHRltgd cc: Timothy L. Hain / I / TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS\'L VANIA \/ , CIVIL ACTION - LAW CECILE LACOSTE, Defendant NO. 01-6928 CIVIL TERlvI ORDER O~~_c:_mJRT AND NOW, this 1" day of July, 2002, upon consideration of Plaintiffs Motion to Compel Defendant's Responses to Plaintif1's First Set oflnterrogatories and Requests for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be I:,'fanted. RULE RETURNABLE within 20 days of service. BY THE COURT, !?a~id H. Rosenberg, Esq_ , ,/1300 Linglestown Road / Harrisburg,PA 17110 Attorney for Plaintiff l (~..i~'.<l >,...~', T\V~~iey Oler, )(,') / '..- V t, " - .:.1' ; J.e Gracia R. Montilus, Esq. Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Attorney for Defendant f(1UE-C{JPY FF10M RE:ORO In TG';,iimoI1Y WI111root, i hare umo ,'>ilt mv tl.:.lld al1j ,he ~il;.li 0: s;1!d CO" E.! CafliS1:J, i:'a. fh!5- J,~ day ell. . Py ,;)L'o-Z- 'I (,", < '-- - C11'--"-- r, J1-L< tJI,. , A 1jP-~;r ProthonCitar ~ :rc CT.'''''''('' '... ,<', "^' ..,,~ '. ... TIMOTHY HAIN, Plaintiff v. CECILE LACOSTE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-6928 CIVIL TERM :CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the 7th day of August, 2002, I hereby certify that a true and correct copy of Plaintiff's Motion To Make Rule Absolute was served upon the following by depositing in U.S. Mail; Gracia R. Montilus, Esq. RA WLE & HENDERSON, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 V'-l-Q-;L Date: 0 :'!"!~'T'l' , ,--; ~.' <~,~" ,~ r ].r-r Respectfully submitted, HANDLER, HENNING & ROSENBERG By D id H Rosenberg, Esq. .D. #20569 1300 Linglestown Road Harrisburg, PA 17106 (717) 238-2000 ,., , " ~ ~ t~ "~~<,';. ,,111.,., ,~l~Hll ~, ~~ "-, '- ~, '~~, '" ,,,,,,,.~,-,, '","",,' ",~ "...., "N ' ",,,,."t"'''''''''lIIim llir' nc l'JIf~',;r(..' ." o ~ ?~f:'.~; .<'"_L. ~:;"'> ~e) ~2; '- z --< -c \,~,-" o " ~',j f'..,} J::- :':;') :., I; ,'-- ~""',) 1=) --', ~ ,J.J -< ':'.":) (;r. ~.~~ ,~~~H\!ll"'~<?ll~N!\mj}'Fi;jf",W":f'iJ;:!I"!f,1C"""'+'':~f.>''i'~~~J~'1~l~~~i~if' f.':';' ,="~-<~" ~~., TIMOTHY L. RAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW CECILE LACOSTE, Defendant NO. 01-6928 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of October, 2002, upon consideration of Plaintiffs Motion for Sanctions for Defendant's Failure To Obey Discovery Orders, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, David H. Rosenberg, Esq. 1300 Linglestown Road Harrisburg, P A 17110 Attorney for Plaintiff Gracia R. Montilus, Esq. Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Attorney for Defendant . ~~ )b..) 3.D ;1.,) c;L-., :rc '.1if~ll:r1rcj\i:< ",' ,', :.,.,..~,;~.",.,",~ 'C' , , ~, - '" ,~' , " ' '! , F-_ ;i~"_'Mitti~:~~i~"< , . ,__".' .; ",' ',c' ,", "" .,-,,',,'~';c,' """-"'-"':i'ii'iNI i1Ju" '" U!':~rti"!lI ~w .~ -~~~Gi~~}lt,g,,;'i;;-'1;,-~",{'F-~n~il>ffi~~-,;f~::;jtil4i. FiiYD..J;':i:;CE , . , !,<YIARY f"~';1 Or.T ") u'-' . __, !...~ r,'" jCj' "", h,! \';1"", CUM!3-Efi~)\hJ COUNTY PENNSYLVANIA J':G;:~:;~;;~i>~'~\ ~':.:~~J;';.,.~"~':;:~,~.J..;~n:~" ~':;";-", . ..,,'3~ -<IT,.~", '",\^' , "'", , ,~<_ _ ~=~ ~~ ~ ~-.~~ , tir~~,~.A&;imlhlr '~H1ill' ",",'~A' "'--'-"."''" "-~ ;;.. ,~ ". 'M" fl] t3li Jtt~ ,."U,,~,~>~.~ ,'"' " " TIMOTHY L. HAIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6928 CECILE LACOSTE, Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of October, 2002, upon consideration of Plaintiff's Motion for Sanctions and Defendant, Cecile Lacoste's, answer thereto, and it appearing that Defendant has to date failed to comply with the Order of this Court of August 22, 2002, despite repeated opportunities, IT IS HEREBY ORDERED that judgment is entered in favor of Plaintiff, Timothy L. Hain, and against Defendant, Cecile Lacoste, and that Defendant, Cecile Lacoste, pay the reasonable attorneys' fees and costs of $390.95 incurred by Plaintiff in connection with this Motion. BY THE COURT: J. 1~,;"!'-,.' n .' .~);, 7;~5,,~' ,<;".,,~.if",' C"':'?(-'<'''''''~^.~,;'~__'''''' ',~ ['>.' """"\".''''.'~'F.':;:'.''"" .','c,' ",' ~, -- -- "".",," --',-":,-,".""' ,;-,~ i'":~"" ~, ',' TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6928 CECILE LACOSTE, Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR SANCTIONS FOR DEFENDANT'S FAILURE TO OBEY DISCOVERY ORDER AND NOW, comes the Plaintiff, Timothy L. Hain, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H. Rosenberg, Esq., and hereby moves this Honorable Court to enter an Order pursuant to Pa.R.Civ,P. No. 4019, imposing sanctions upon Defendant, Cecile Lacoste, for failure to obey this Honorable Court's Order to provide discovery, and in support thereof, avers as follows: 1. On or about December 7, 2001, Plaintiff's counsel filed a Complaint alleging that Defendant, Cecile Lacoste, was negligent in operating an automobile that resulted in a collision that was the direct and proximate cause of the Plaintiff's serious injuries and scarring. 2. On or about February 1, 2002, Plaintiff's counsel stipulated and agreed to a 30 day extension for which the Defendant may serve and filE! a responsive pleading to the Plaintiff's Complaint. 3. On or about April 8, 2002, Plaintiff's counsel served Defendant, Cecile Lacoste, with Plaintiff's Interrogatories and Request for Production of Documents directed to Defendant, Cecile Lacoste. :1;r~~.~,. ~~, ,(, ":'>~""",~~,10.~,f::;~."'~"'""", """c, ~_",~X,'''''-?~' ;',~'~, - .,'.." ?;'",':c";"""'",~,' .~.~ '."'Y.C.,j,F',. ~''"~.",~ ,c.' '.,' .,.' , ';~>"_" '.~',', '. '" __0' ..., >', ~",~.. ,".,._ ~., 0' __.. ,,__'- . '.:'; '''''"', '"'" < , ~ 4. On or about June 9, 2002, Plaintiff's counsel notified Attorney Montilus, Attorney Lentini's associate, that the responses to the discovery requests had not been received and requested that the Defendant advise when the Plaintiff could expect to receive responses to these discovery requests. A copy of the foregoing Letter of June 9, 2002, is attached hereto, made a part hereof, and marked, "Exhibit A." 5. On June 19, 2002, Plaintiff filed with this Honorable Court a Motion to Compel Answers to Plaintiff's Interrogatories and Request for Production of Documents, seeking a Court order directing Defendant to provide answers to Plaintiff's outstanding Interrogatories and Requests for Production of Documents. 6. On July 1, 2002, this Court issued a Rule upon the Defendant to show cause why the relief requested should not be granted. The Rule was returnable within 20 days of service. A copy of the foregoing Letter of June 9, 2002, is attached hereto, made a part hereof, and marked, "Exhibit B." 7. On August 22, 2002 in response to Plaintiff's Motion to Make Rule Absolute, this Court issued an order granting Plaintiff's Motion. The Order, in pertinent part, states that "...Defendant will deliver full and complete answers to Plaintiff's Interrogatories and to comply with Plaintiff's Request for Production of Documents within 20 days of receipt of this order or suffer such sanction as this Honorable Court deems appropriate." A copy of the foregoing Order of August 20, 2002, is attached hereto, made a part hereof, and marked, "Exhibit C." 8. On or about September 9, 2002, the 30-day period for compliance with the August 22, 2002 Order of this Court came and went without the Defendant, -';,~;..'E.~ ,)1(' 'j' ":'Y. ,~,;:,;-c' ""4,."'~"-""'''",,,~Y"''--.t?''';'':c~__~''!''iC'I'f'F'T'''' ,,,,:r~'..!"">'"""',.,~"'1',,, "".r.~."f,,-~'~,",;" " '."'"' '.c'''''' __ ~'" <',",' ","", ,""""'.' ;"',"Cd' .',~" ,."", -,,,'c"~",_F"'~,,~', ~ ,,,' ",",_ '''~'"~' """' "~"'" ~,~ 'I' l:iiIP Cecile Lacoste, providing answers to Plaintiff's initial discovery request. 9. It is now more than 50 days since this Court's discovery Order of August 20, 2002 was issued upon Defendant, Cecile Lacoste, and over 7 months since Plaintiff's initial discovery requests were served upon Defendant. Defendant has still not provided any answers to Plaintiff's Interrogatories or Request for Production of Documents. 10. In addition, Defendant's failure to respond completely to Plaintiff's discovery requests is in direct violation of this Court's Order and the Pennsylvania Rules of Civil Procedure. 11. Pursuant to Rules 4019(a)(1)(1) and 4019(a)(1 )(viii) of the Pennsylvania Rules of Civil Procedure, the Court may issue an appropriate Order for sanctions if a party fails to serve sufficient answers to written Interrogatories or fails to make discovery or to obey an Order of the Court respecting discovery. 12. By virtue of Defendant's failure to comply, Plaintiff has been unable to secure important evidence and documents essential to the proof of his case and, as a result, has been prejudiced. 13. Furthermore, this civil action arises out of a motor vehicle collision that occurred in 2000. Defendant's failure to respond to discovery has severely limited Plaintiff's ability to develop his case in chief. 14. Pursuant to Rule 4019(g)(1) of the Pennsylvania Rules of Civil Procedure, this Court may require a party to pay reasonable expenses, including attorney fees, incurred by the moving party in obtaining an order of compliance and subsequent Order ':;~-5~~ffl,7' .,,,"~''''''P,,",r.;*~'o/s''''}f-;,,~~' U'c, :C"_".>;';;'C~C'!?~c'~",,~,1f,{,i'/J<'<..""" ,<",. ..,.,~'~ ,,,",'.'c" ;1~':."'. "'''"'''C~'~ "'::"""'~'----""""o" ','~' ,,' ,", _",''''' '''''' ~.' ,0 '"',,,~ ~.o ., .,~" " '-'''''''''~_''', "<',k" ,~,. " __ ~~r"'" . < ' '. for sanctions. 15. In light of Defendant, Cecile Lacoste's, failureto provide full and complete answers to Plaintiff's Interrogatories and Requests for Production of Documents and obey this Court's Order, this Court should require Defendant to pay the reasonable expenses, including attorney fees, incurred by Plaintiff in obtainingl the order of compliance and this order for sanctions. WHEREFORE, Plaintiff, Timothy L. Hain, requests that this Court rule in favor of the Plaintiff and against Defendant, Cecile Lacoste, and require the Defendant to pay to the Plaintiff his costs and reasonable attorney fees. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: loll%J..- , , By: David H. osenberg, Esquire Attorney I.D. # 20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 'J~,~)! ',~" "-'''1Y;::'7,:-:,~,:~)-,''~__',f''-'<'''',,,'1!,,,('o',,;,~,,,,.,,,.<'7'''''t.",~V';.fie-'''' ','= ,a~ ""\.,.".t'.~',.",, ",.",.,:<::"" ,"^" ,_ "-' ,- '.' ;--"""c","_"~,'f"=,,",~,,,,<' ,"~",,,,,., "''-~''''"'.'''','''''''''_"'' ,,', .,"1,""''"'" I' .,~"!"" andler. 'cznning'rr ." I osenberg HAfil!ISBURG OFFICE 1300 UngJesrown j~o.]c H,:'!frisb~rg, fA 17 r Ie 717 -238-200C 1-800-422-2224 7 J 7.?33-3029 [fax) I./INCA.STER OFFICE 140A EKing 5rreet Lancaster. FA 17602 717.431-4000 ATTORNEYS AT LAW Leslie B. Hanaier, [<'etlred \,V, Scott Henning David H f<,osenberg (PA, FW Carolyn M. Anner IPA. NY. RNI Matthew S. Crosby (P/\. NJ) Gregory M, Feather (PA, NJ) Stephen (J. Held Jason C Imler .June 9, 2002 DIRECT MAIL TO: po. 80x 60.337 Harrisburg, Pfl. 17106 www.HH[.(Law.mm Rosenberg@hhrlaw.com Gracia R. Montilus , Esq. RAWLE & HENDERSON LLP Ten lake Center Executive Park Suite 204, 401 Route 73 North Marlton, NJ 08053 RE: Timothy L. Hain v. Cecile L. Acoste Dear Mr. Montilus: I want to follow up on our telephone conference of May 1 ,2002, We had a discussion concerning settlement and you were going to get back to me shortly. It has been over a month and I haven't heard from you. [also want to remind you that [ have 110t received your Discovery responses and that has been over two months. It is apparent that you have no intent to try to resolve this matter and I am going to move forward with Court intervention. Very truly yours. HANDLER, HENNING & ROSENBERG ) , '] I I I /7 ,/,,~'" /",,,'>--'j:/j/ _._~-- David H Rosenberg DHR/tgd cc: Timothy L. Hain / I / I TIMOTHY L. HAlN, Plaintitf IN THE COURT OF COrvnvl0N PLEAS OF CUJ'vIBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W CECILE LACOSTE, Defendant NO. 01-6928 CIVIL TERM QRDER OF COURT AND NOW, this I" day of July, 2002, upon consideration ofPlaintitrs Motion to Compel Defendant's Responses to Plaintiffs First Set ofIntelTogatories and Requests for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, pa~id H. Rosenberg, Esq. , /1300 Linglestown Road /' Harrisburg, P A 17110 Attorney for Plaintiff ( (, 'L-,t"i ),<. TWesiey Oler, )r.,,') I .' t/ (-; { -.. '.'1 / ----J":"~-,- Gracia R. Montilus, Esq. Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, P A 19107 Attorney for Defendant :rc f"""J""'-~~'~Y -~ ,"a t,': \.;u,.... t~HOM Rc,,~ORD In T a:>fimony wlwroof, Il1em WHO .~t ffi'l [l.3r:d anJ the ~eal of ~1!d Cv,~ ....1: i-t r,,~.fl''''t.u ~ _ v . I..~, ~~. fills. I "'-...~ day (;f" ,2/C'[.-Z- / ") ..~.c .....e.... / Protllonutar1 .' . ..102 2 1 2002:~ TIMOTHY HAIN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :NO. 01-6928 CECILE LACOSTE, :CIVIL ACTION - LAW Defendant lIfR ER lid - __ AND NOW, on this ~day of ,,2002 and upon consideration ofPlaintiIT. Timothy L. Hain's, Motion to makc the Order dated July 1,2002 Absolute, it is hereby ORDERED that Plaintiff, Timothy L. Hain's, Motion is GRANTED, and the Defendant, Cecile LaCoste, will deliver to Plaintiff, Timothy L. Hain, full and complete answers and responses to Plaintiffs Interrogatories and Requests for Production of Documents within~yS of receipt of this order or suffer such sanction as this Honorable Court deems appropriate. BV;rJ . 15/ '-i "ltO/..l J. I c 000: ~. EXHIBIT f~' . TIMOTHY HAIN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENINSYLVANIA Plaintiff v. :NO. 01-6928 CIVIL TERM CECILE LACOSTE, :CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE On this 10th day of October, 2002, I hereby certifY that a true and correct copy of Plaintiff s Motion For Sanctions For Defendant's Failure To Obey Discovery Order was served upon the following by depositing in U.S. Mail; Gracia R. Montilus, Esq. RA WLE & HENDERSON, LLP The Widener Building One South Peun Square Philadelphia, PA 19107 :-i Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 1fS'//4I'O 2- By: David H Ro !.D. # 2056 1300 Lin estown Road Harrisburg, P A 1711 0 (717) 238-2000 Attorney for Plaintiff ~,q;::), n,' ~"-",",'!-.1i'r,'~",yc.,&,_"I~,'"___''''""",,,_,,, . "''''__r~.'''''.~~<'''..<,,,.,~,''''''~..'~_, (,p,=:;~.~, ,~'_"~'.~~,'''~' '."~"c, p.~~~" ~~'.." . , ,~vo _.,~ , ".",,~CC "_' ~.v," o. .,:" ~. ~_" :" "'".''' '~,~ 'C'..".", ~ --' ~,,=~~~ '';:;'',. '.;;"., ",'/",,,--ccid "", ~'~""''O'~r;L~f'fiiJJlli'ff:"~t'-t~;o:;ij () c: ? 2;.' Fi ,~ 2: c'] ~;c_, :::";--, S~:[:~. -'i ,:::. --;;: (Ii a r-,,-~ ~:) '. '" ,,"') --'~I G', ~l".:J , , t... ,~I~",:,.,::~,.;:'~'~-' ,..k':c,F.~, .~' ','.. , ,-t,,~~"'r ,- , '.,d J~t,.~~,lrsl,,~:::'9~"'.~~"":.7'~~,i\'; TIMOTHY L. RAIN, Plaintiff v. CECILE LACOSTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-6928 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of December, 2002, upon consideration of Plaintiffs Motion To Make Rule Absolute, a hearing is scheduled for Thursday, December 19, 2002, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. I/bavid H. Rosenberg, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff r./Gracia R. Montilus, Esq. RA WLE & HENDERSON, LLP Ten Lake Center Executive Park Suite 204,401 Route 73 North Marlton, NJ 08053 Attorney for Defendant :rc ~+~;i~, "'"'' ",,~_,"._=.'"'' ,'."'..",".".,,,,'"'," ",<'[~,' o' '"'I ' ~' , _' BY THE COURT, >~~~ R)<5 J~-J~-O~ <-,,' ',"". " " f~: ' ~'b'..,' k,l:",~ }, , Ul ~~iM!lIi'&WJi)N0C;""'t~l\t"'W"f,"~:i::'1i~Jtw;lt~iliiiili~~ """"~.,,.! '-l'~'"" "';M1lJ j~ .;..:; ~. "~ilKlf~Jii,,~,~oi.""""rJ "fL->"'" .' - -, " r.r ; ,- \ /~j,":t!(\;::: ~";"'I;'~'rlt P'{ ." , ".,';,-1,'\\1 02 DEe I [) PH 3: 32 CUM3Ei{Li';'jiJ COUNTY PENNSYLVAi'lIA ~~' ,~ "~.,<.,..,"'"",~"'"~,, ,'..i~,~ ..~,> ,,,,".<'.,,'4',, ',', ". ,> ,'''. ~ t~ . , TIMOTHY L. HAIN, Plaintiff DEe l.',~ IN THE COURT OF COMMON PLEAS ~"5 200; CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6928 v. CIVIL ACTION - LAW CECILE LACOSTE, Defendants JURY TRIAL DEMANDED ORDER AND NOW, on this day of , 2002, and upon consideration of Plaintiff, Timothy L. Hain's, Motion to make the Order dated October 18, 2002 Absolute, it is hereby ORDERED that Plaintiff, Timothy L. Hain's, Motion is GRANTED, and the Defendant, Cecile LaCoste, will pay the reasonable expenses, including attorney fees and costs incurred by Plaintiff in obtaining the order of compliance and this order for sanctions for Defendant's lFailure To Obey Discovery Orders and the following sanctions: BY THE COURT: J. Z;, i:':\!\,f;",.;.,.. ':''''.' ".. "''',,,,,-~,<.>,, 2:~"'~ "'-,;;,, .,-,'J'''''';1~'Y','.' ',-$;"~.{<,,)"1h,, ""'",'~,~r"".'f',".Zf' "-.'J.<<''..f}."" -, ''"'- -"-,'" ',,-,,,,,;';t'O-,,.,""'_,," ,~.'T' """,e" "'4.,'.P,"~~,, ."~" , ,"",_ ,,_,,~,.,_",""_ "1" .- 1- . , TIMOTHY L. HAIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6928 v. CECILE LACOSTE, Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Timothy L. Hain, by and through his attorneys, HANDLER, HENNING & ROSENBERG, by David H. Rosenberg, Esquire, and hereby moves this Honorable Court to make the Order dated October 18, 2002 Absolute and grant Plaintiff's motion for sanctions with entry of default judgment against Defendant, Cecile LaCoste, for failure to obey discovery orders, and in support thereof avers the following: 1. On or about December 7, 2001, Plaintiff's counsel filed a Complaint alleging that Defendant, Cecile Lacoste, was negligent in operating an automobile that resulted in a collision that was the direct and proximate cause of the Plaintiff's serious injuries and scarring. 2. On or about February 1, 2002, Plaintiffs counsel stipulated and agreed to a 30 day extension for which the Defendant may serve and file a responsive pleading to the Plaintiff's Complaint. 3. On or about April 8, 2002, Plaintiff's counsel served Defendant, Cecile Lacoste, with Plaintiff's Interrogatories and Request for Production of Documents directed ::lJ4J, ,,:>~.' ~:':-> ,I"' '~-T,"'~"~,,,,,,,,",D'.~""',"'" ;"v", ,"','>'7".. ",'~"""<~,"''''", ,"'".t.. ."'" ','''''"""",, '~"",~.'--..,~ """""""".,~ ,.,',~o~', "' ,~ '_.",.._.~'.'" . . ' ~ . , to Defendant, Cecile Lacoste. 4. On or about June 9, 2002, Plaintiff's counsel notified Attorney Montilus, Attorney Lentini's associate, that the responses to the discovery requests had not been received and requested that the Defendant advise when the Plaintiff could expect to receive responses to these discovery requests. A copy of the foregoing Letter of June 9, 2002, is attached hereto, made a part hereof, and marked, "Exhibit A" 5. On June 19, 2002, Plaintiff filed with this Honorable Court a Motion to Compel Answers to Plaintiff's Interrogatories and Request for Production of Documents, seeking a Court Order directing Defendant to provide answers to Plaintiff's outstanding Interrogatories and Requests for Production of Documents. 6. On July 1, 2002, this Court issued a Rule upon the Defendant to show cause why the relief requested should not be granted. The Rule was returnable within 20 days of service. A copy of the foregoing Order of July 1, 2002, is attached hereto, made a part hereof, and marked, "Exhibit B." 7. On August 22, 2002 in response to Plaintiff's Motion to Make Rule Absolute, this Court issued an order granting Plaintiff's Motion. The Order, in pertinent part, states that".. . Defendant will deliver full and complete answers to Plaintiff's Interrogatories and to comply with Plaintiff's Request for Production of Documents within 20 days of receipt of this order or suffer such sanction as this Honorable Court deems appropriate." A copy of the foregoing Order of August 22, 2002, is attached hereto, made a part hereof, and marked, "Exhibit C." 8. After receiving no response, on or about October 10,2002, Plaintiff, Timothy L. Hain, filed a Motion to place sanctions on the Defendant, Cecile LaCoste. A copy of the ~4~~,~. ~:' ,~""~!'f"','r,',r',C"'''',o''o'f,:'~t';,.,:.'q.~.''!r,,'.':''';.~ ,~"',' , ,.,',.' ~'.' "..."~"e,__~",.,,,,,,.",', '.<.,ro, '" ' ,,='--'. ,.,~._,---- ",", - -"''''.- . .. ,". ,,~ :r . . foregoing Certificate Of Service of October 10, 2002, is attached hereto, made a part hereof, and marked, "Exhibit D." 9. On October 18, 2002, this Honorable Court issued a Rule upon Defendant, Cecile LaCoste, to show cause why the relief in the Motion for Sanctions should not be granted. The Rule was returnable within 20 days of service. A copy of the foregoing Order of October 18, 2002, is attached hereto, made a part hereof, and marked, "Exhibit E." 10. On or about October 29, 2002, the Rule was issued upon Defendant, Cecile Lacoste. 11. On or about November 18, 2002, the Defendant, Cecile Lacoste, finally provided answers to Plaintiff's initial interrogatories via fax machine. 12. It is now more than 90 days since this Court's discovery Order of August 20, 2002 was issued upon Defendant, Cecile Lacoste, and over 9 months since Plaintiff's initial discovery requests were served upon Defendant. Defendant has still not provided answers to Plaintiff's Request for Production of Documents. 13. Defendant's failure to respond completely to Plaintiff's discovery requests is in direct violation of this Court's Order and the Pennsylvania Rules of Civil Procedure. 14. Plaintiff hereby requests this Honorable Court make the Order dated October 18, 2002 Absolute, and place Sanctions on the Defendant, Cecile LaCoste. 15. In light of Defendant, Cecile Lacoste's, failure to answer Plaintiff's Requests for Production of Documents and obey this Court's Order, this Court should enter judgment by default against Defendant and require Defendant to pay the reasonable expenses, including attorney fees, incurred by Plaintiff in obtaining the order of compliance and this order for sanctions. ;!~$~~11'!!~T~"7 '-:"':~"~':>""~"c~l,p"', ~r.;f-:0::,:::c~!,;:.~. ,:"""",,,,~. "',:',"-'r~" "'-"".>1 "j-,~_ ,.; ."',.'1,""$0,,~.M,:"',": :'o,cc'7 ", ',,-""<:,'" ~ .__",' "n.'.;"' '.' ""^_",,', .V";<", "" ", "~,,' " J WHEREFORE, Plaintiff, Timothy L. Hain, requests that this Court enter Judgment by Default in favor of the Plaintiff and against Defendant, Cecile Lacoste, and require Defendant to pay to Plaintiff his costs and reasonable attorney fees. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Date: ttl~ Da Id H. Rosenberg, Esquire Attorney I.D. # 20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff i:r;:ir~ ,-"" 7--,,"::o')."f""")c~-<~$'" "','~--,'f-'""t,.?"'8<~:";;-"'"f~1" ,~J!'~. ,?",-,,'., -- ? ___".',;'4"'",.""!~, -c.-:'~. ':"'.,,',-,"' .. ,"",~,," . ,",' --"'" .~ ,\ ",,"'T-;-..",", ,,,' . ''" '__"~',.'" ,=.. '-. . " """-" - .~ , undlvr. Clnnin'g u I osvnbvrg ATTORNEYS AT LAW leslie 8. Handler. RetIred W. Scott Henning David H ROsenberg (PA. FLJ Carolyn ~! Anner (PA. NY, RNl Matthew_S.. Crosby (PA. NJ) Gregory &1~ Feather (PA. NJ) Stephen G. Held J.ason C 'Imler HARRISBURG OFFICE 1300 Unglesrown Roac Harrjsbur~, PA J71 Ie , 7 I 7-238-200C 1-800-422-2224 717-233-3029 {fax} lANCASTER OFFiCE 140A E King'Street Lancaster. PA J 760~ 717-431-4000 June 9, 2002 DIRECT MAIL TO: P.O. Box 60337 - , Harrisburg. PA 171 06 www.HHRLaw.com Rosenberg@hhrlaw.com Gracia R. Montilus , Esq. RAWLE & HENDERSON LLP Ten Lake Center Executive Park Suite 204, 401 Route 73 North Marlton, NJ 08053 RE: Timothy l. Hain v. Cecile l. Acoste Dear Mr. Montilus: I want to follow up on our telephone conference of May 1, 2002_ We had a discussion concerning settlement and you were going to get back to me shortly. It has been over a month and I haven't heard from you. I also want to remind you that I have not received your Discovery responses and that has been over two months. It is apparent that you have no intent to try to resolve this matter and I am going to move fOIWard with Court intervention. Very truly yours, HANDLER, HENNING & ROSENBERG 2~~.l ,y/// David H Rosenberg DHR/tgd cc: Timothy L. Hain / / I I EXHIBIT A . . TIMOTHY L. HAIN, Plaintiff v. IN THE COURT OF COMMON PLE~S OF CUMBERLAND COUNTY,J>ENNSYL VANIA CIVIL ACTION - LAW CECILE LACOSTE, Defendant . ?~ NO. 01-6928 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of July, 2002, upon consideration of Plaintiffs Motion to Compel Defendant's Responses to Plaintiffs First Set ofInterrogafories and Requests for .Production of Documents, a Rule is hereby issued upon Defendant to sho,v cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. . BY THE COURT, ~id H. Rosenberg, Esq. ~300 Linglestown Road Harrisburg, PA171l0 Attorney for Plaintiff . . / / '(' / ,. ! /. ),; L- \_/ "-0 t' . ' , . ) J. Wesley Oler, b uJ / ,~~ O.l/ J.L Gracia R. Montilus, Esq. Rawle & Henderson, LLP The Widener Building One South Penn Square . Philadelphia, PA 19107 Attorney for Defendant fRUE"COPY FROM ReCORD In ~~stlmoiil' wiwroof, i 1',ere unto:rel my nald ana the s~i of srlk1 ern ?"i 4t CaiH~ Pa fhi dayc' ' .;u~-<- - :rc j EXHIBIT is Prothonotanl . . AUG 2 i ZOOZV TIMOTHY HAIN, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :fII0. 01-6928 CECILE LACOSTE, :CIVIL ACTION - LAW Defendant - ~ER d. - AND NOW, on this 2.1YJ-day of .,2002 and upon consideration of Plaintiff, Timothy L. Hain's, Motion to make the Order dated July 1,2002 AbsoJute, it is hereby ORDERED that Plaintiff, Timothy L. Hain's, Motion is GRANTED, and the Defendant, Cecile LaCoste,will deliver to Plaintiff, Timothy L. Hairr, full and complete answers and responses to Plaintiff's Interrogatories and Requests for Production ofDocurnenls Within~YS of receipt of this order or suffer such sanction as this Hongrable Court deems appropriate. rJ- BY TEe RT: 11;!1, "/& Ai ~ J. j EXHIBIT C ,~,:~. -. TIMOTHY HAIN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :NO. 01-6928 CIVILTERM CECiLE LACOSTE, :CIVIL ACTION - LAW Defendant 'CERTIFICATE OF SERVICE ,j~'Tt~~~,~~~I::.~, On this 10th day of October. '"002. 1 hereby certify that a true and correclcopy of I'laintilTs: l\lotiol1 For Sanction's For Del~ndant"s Failure. To Obey Discovery-Order was served upon. the. ' following by depositing in US J\hil: Gracia R. Montilus, Esq. RA WLE & HENDERSON, LLP The Widener Building One South Pgnn Square Philadelphia. P A 19107 m_' .c Respectlullysubmitted, -- _, .~ ._~-:.:--=~~..:,;.~. _. ,.-;:; : .>_ _;~; __~o:}.' ',:' . '~_:"'~~:-:-':"~' J_O - -~.":" "'~:~,~:~;~ ,-'~~~~'~J:~~~~!:it~' .:"'~;~ :;:.:.~;::': ~'-'...~,,-,~~: .~'~':'~~~~'~~ ~ '~<~" ',,: _,~~:,,:... ,:. :\,;;;j~" ..~ ,'c..:t;;:~;I';'~~~fi~(:~:~~~:~-:~~'2.'~;-':~~':'}'c;c::~~:,~~",~,,_,~.TE.~~,~',?~~_~~~1~,~L~X .~'" " ',: ':" ~. - rDute:' " /tY;;;;o L- : " ."- ~By: David H Ro' nberg. Esq. I.D. # 2056 1300 Linn estown Road Harrisburg. PA 17110 (717) 238-2000 Attorney for Plainti 1'1' EXHIBIT 10 . --.-~.---.~.._-__'__=~.__.__ ~; : _~__'____:-'~::_'2,~.'..i;;,;;;;:,;l;;~;;.O~ ,':-....- , ~---:---;-..~ ~"____r__,>' . . . TIl'vlOTI-IY L. RAIN, Plaintiff IN THE COURT OF CO:tv1MON PLEAS OF . CUMBERLAND COUNTy, PENNSYLVANIA v. CIVIL ACTION - LAW CECILE LACOSTE, Defendant NO. 01-6928 CIVIL tERM ORDER OF COURT AND NOW, this 18th day of OCtober, 2002, upon consideration of Plaintiffs Motion for Sanctions for Defendant's Failure To Obey Discovery Orders,a Rule is , _. hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY TIrE COURT, nayid H. Rosenberg, Esq. A3Sl0 Linglestown Road Harrisburg, P A 17110 Attorney for Plaintiff J. Gracia R. Montilus, Esq. Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Attorney for Defendant :rc r'=",.d 1>:: C'.....PV eC",'", ""-'""._~,~ ..:.~ <7..... '-' .....1 ,~.~~~ ii'1~:(,j\)~H.J In I ".?t,/'i'lOlly \Io1l6r801. I hem ;;r.t~ set my ilano .: L1B S6lI1 of said Coon <:r C;.wli~'^ n... .. J,J........ ~."""" ,".c:. .., (1; at ~;:, 02c'C-L <--<- nd~. ~ , " Protl1onotar~ EXHIBIT ~ " .. I [m TIMOTHY HAIN, Plaintiff v. CECILE LACOSTE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-6928 CIVIL TERM :CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the25th day of November, 2002, I hereby certify that a true and correct copy of the Plaintiffs Motion To Make Rule Absolute was served upon the following' by depositing in U.S. Mail; Gracia R. Montilus, Esq. RA WLE & HENDERSON, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 [; Date: (( (v...-fo7-- Respectfully submitted, HANDLER, HENNING & ROSENBERG By: David Rosenberg, Esq. J.D. #2 569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 ~';,~",,~,.">"""',~' ~. ";' ".~" ,.,'","":C'~~',~",.",, L" ~,~",H!,.",~",.,..;~w,,,,., ""f""~.' ,",,~_,,__,.,,^ ,'.___, ~,' .,'~ ,_ _ ,~" ,~, ,A"" ,.', '"', ,<.,~,. ~,_~,' _ ", .~~ ,__". '~n' . _ ' , . ~".., p--~ 0'"," ~, ~. __ e,~. .'" """"", . >.. ' ~, "",~,'~r.", "~o,," " ~" -, ~ ","""~' ,'~, ~,,,,,~, '0 , ""i\;{."':',,,;,...-~,,,, ,",~": ""<'" 'jfftMA'wlwtrliiirt ""'i~Y-.:r,~""'~~ 0 0 () c:: i~..) T', ?22j J ,",1 '''1 ':") Z C ! en ~/' C) '::::'~C) ~' ~ c} v , C:' .",C,>< :? (") L C) :,,~ ffi )> c~ ':? :::'1 =~ :...)- -". :IJ -<. -< \J0,1:' ~~' ",;:"li;:-~~: -1 l;r""",-~~~p: ,~9?:;W,~.~~~Jln:',~T,.. ~~~,:~,.OOI.~;;-:~,,; , Jllii ~,. ., TIMOTHY L. RAIN, Plaintiff v. CECILE LACOSTE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-6928 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of December, 2002, upon consideration of the attached letter from David H. Rosenberg, Esq., attorney for Plaintiff, the hearing previously scheduled for December 19,2002, is cancelled. David H. Rosenberg, Esq. 1300 Linglestown Road Harrisburg, P A 17110 Attorney for Plaintiff Gracia R. Montilus, Esq. RA WLE & HENDERSON, LLP Ten Lake Center Executive Park Suite 204,401 Route 73 North Marlton, NJ 08053 Attorney for Defendant :rc ".:,!,.1e!l;;Jj:rJ,t '. ""?,.~",,. ;".,,.,,,,",, ", .'''~' ..0., '" ',.,. -. ", , ' - BY THE COURT, .ur~ ~~ p< " / d--' /fj.O:J-; 9-. ", -.,. ,'.7 c - '~!~~S~iiIIi~~ilil.iilll~0!li!S'~l,,'m$M~iiti~,*~'if~i"t:9,.ili""'~<,."Ji;;;;\!F1,~Wia1Wi~~bt.Sit'" ." liimuill" ilii-~~ ~ f'~(" 10 ",'t"v ..; '()T i{ff \ I: ~)-! ""I '\1'1' ""-1 I~ .10' ',;' .".,,'1' \ l .1 "...)\ 'i I LtJIVi,..)C\'Y.f'--' ~ ~....." D",' 'I'I~V:' It}'I" ~ t.N\:,-, I .....V, J\J> )> ;,lL,~ ", ,n, ~ , ,,>~,,""~"'~";4',<,,'!"1c"-,c~"'" ~,,<'" " ~, , . ~ -- rir' , ~'" ' - 12/17/02 15: 11 HANDLER HENNING & ROSENBERG 7 2406462 NO. 200 1;101 I . lridll, , IRilla .nilJ,'rg .LLP . ATTORNEYS AT LAW LesIii e. liandler. j:'(lIIltlrvd W. Sc:olll~snning DaYkl tf fillllSl;ln'lNillil (PA, fL) C."",n Ill. Annor (fA, NY. "'''I MaMew Ii. e'OSIlll (~A. NJ) GI'IIElar; M. FI!laU",r (P""t Nof) Stoplml (l. "old JCllOfl O. Iml. December 17, 2002 HARRISBURG OFFICE 1300 LlnQ"'lown lIu.d Harrisburg. PA 17110 71N38'-2000 1-1100.&22-2224 717.ml3-302S (I"") lANCASTER OFFice 1_ lo IIlng lilteel La...ot.r, PA 1700a 717-431-<1000 DllleCT """IL 1 u; 1300 LII1lII.- Fioad Harrisburg, PA 17110 .......\1HRLlIW.com ROI.nballl@J-IHRLaw...", Honorable J. Wesley Oler S. H/lnovcr Street Carlisle, P A 17013.0000 Re: Timothy Ham. SRNTVIAFAX Deac Judge Olee I would like to eonfinn my discussion with Ruth of your office today whioh I indi~ated that it is not necessary to have the Hearing on the Motion to Compel, which is scbeduled f+r Th\lrsdlly at 9:30 a.m. DefenRe counsel has now provided me with the Discovery that Ihavc re/questell. Thank you for yom Ilssista.ncc In tbis lllllUer. If YOll need any additiOlllll infonnati~n in tbis mattei, pl~ felll tree to Contaet me, Otherwise, 1 will contact opposing counsel ~y copy of this letter, lIlld advise them that they need not attend the hearinp; on Thursday at 9;30 ajm. Very truly yours, HANDLER, HENNING It R.OSEl'juERG, LLP DHRltgd llC: Gracia R. Montilus, Esq. Timothy 11ain IJr" ( I 8 l002 :~~,....".",.~ - "'p' 11'(' 1" ,., " I " ~~ ~..,~ iL TIMOTHY HAIN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :NO. 01-6928 CECILE LACOSTE, :CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the Docket in the above captioned matter as Settled, Discontinued and Satisfied. HANDLER, HENNING & ROSENBERG, LLP BY: DATE: OJ /3 /03 enberg, Esq. 1300 Li lestown Road Harristiurg, PA 17110 Tel. No.: 717-238-2000 Supreme Court 10 No. 20569 Attorneys for Plaintiff '" ",;~t'rsw~!Il!'>___~Il!I. '''''''''>~'~''"F' 'I'..' ""'1~ ~-'''''~, 'll " .A "- _lIill!U!l!ifll!~L,_ ~ ~."' ~,~ "","" ,:,.~jll.r~l['5}~'m"'f!f~1il'l~.m',mb?i.~,~~'~.{;~iij!~!';;-;;';i,,,~,,,,'",';:i.";';o;:''''''0:-c,'",:j,,,''',~''"' . <,",'"-',' -"^~"""~" '",^,d'" _ "",..,,"," _~".~,~" ~ "~~"""""'M <,'-'",~ "''''-',i{' o Q':~ .......:::::-;.. ,,:::,'..' c;:.-' ~2 ,," 5'~::- .:..~ ~ _"~,I -< ~!J -' , t,C i ~ -'-h ::/.j rn ..,(', ;(Y''i , "'!'~!\11'Hf'-'':;~j.~''\f.<jJ'''W?>lt:f1~,'!ii'~I~~__~,),N(JQ.'Bi~;