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HomeMy WebLinkAbout07-340610 William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ John Hockersmith In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 07 - 3 elo(o Civil Term Richard W. Koser 985 Ridge Road Shippensburg, PA 17257 Civil action law Defendant Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Richard W. Koser. William P. Dougla Esq. Attorney for Pl 'ntiff date: June 8, 2007 V i rl l F= ?' ' ! f-M j J Y t^w? co V rs, Commonwealth of Pennsylvania County of Cumberland John Hockersmith In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 07- 3 yp( Civil Term Richard W. Koser 985 Ridge Road Shippensburg, PA 17257 Civil action law Defendant Jury Trial Demanded Writ of Summons To: Richard W. Koser 985 Ridge Road Shippensburg, PA 17257 You are hereby notified that john Hockersmith has brought an action against you. /S/ &j.4- Ato XO y' 4D-" Z44& "64 Deputy Prothon ar date: June 8, 2007 William P. Douglas, Esq. Douglas Law Office 43 W. South St. Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term v. PRAECIPE FOR APPEARANCE RICHARD W. KOSER, (Jury Trial Demanded) Defendant. Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #15535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. RICHARD W. KOSER, Defendant. TO THE PROTHONOTARY: PRAECIPE FOR APPEARANCE Kindly enter the appearance of the undersigned, Jeffrey C. Catanzarite, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Richard W. Koser, in the above case. JURY TRIAL DEMANDED By: Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. rey . Catanzarite,' Esquire ns for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Appearance was served upon the following counsel of record on the 15th day of June, 2007, by U.S. First Class Mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: J f y . Catanzarite, Esquire unfor Defendant c? o -n CT" .?-? 7 t13 - d 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. PRAECIPE FOR RULE TO FILE COMPLAINT RICHARD W. KOSER, (Jury Trial Demanded) Defendant. Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #15535 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. RICHARD W. KOSER, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly rule the Plaintiff, John Hockersmith, to file a Complaint in Civil Action within twenty (20) days. JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: J fe//C. gpCanzarite, Esquire unsel for Defendant AND NOW, this 29th day of June, 2007, a Rule is entered upon Plaintiff to file a Complaint within twenty (20) days after service of this Rule by the Defendant. PFiO*tEONOTARY t„_ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Rule to File Complaint was served upon the following counsel of record on the 26" day of June, 2007, by U.S. First Class Mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 By: Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 9#rey C. Catanzarite, Esquire ounsel for Defendant ? ? a J ?,,.y ? ; . ? ? ? J, q ? ? ?1? .+f? . ?l/ E,4-f ti. ?? ? ? ? ?? ? ?'. ? ;;? r William P. Douglas, Esq. Supreme Court I.D. 1137926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ John Hockersmith In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 07 - 3406 Civil Term Richard W. Koser Civil action law Jury Trial Demanded Defendant 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 DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 DATE: June 29, 2007 BY Complaint 1. The plaintiff, John Hockersmith is an adult individual residing at 15 Hammond Road, Walnut Bottom, Cumberland County, Pennsylvania. 2. The defendant, Richard W. Koser, is an adult individual residing at 985 Ridge Road, Shippensburg, Cumberland County, Pennsylvania. 3. On or about, June 11, 2005, the plaintiff John Hockersmith, was operating his vehicle on the Walnut Bottom Road in Cumberland County, Pennsylvania. 4. At about the same time and place, the defendant was operating his vehicle on a perpendicular roadway and failed to stop at a stop sign and failed to yield to traffic lawfully in the intersection and proceeded to collide with the vehicle being operated by the plaintiff. 5. The impact occurred as a direct and proximate result of the defendant's negligence. 6. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to yield to traffic lawfully in the intersection; d) failing to obey traffic control devices. 7. As a direct and proximate result of the negligence of the defendant the plaintiff, John Hockersmith, was injured. His injuries, and/or aggravation of possible pre-existing condition(s), include but are not limited to: a) fractured leg; b) injury to his nerves and nervous system; c) various sprains/ strains and lacerations S. As a result of his injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts that may not be covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 9. As a result of his injuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 10. As a result of his injuries, the plaintiff has incurred aggravation, inconvenience, disability, disfigurement, and a loss of life's pleasures, and may continue to incur the same in the future. 11. As a result of the injuries the plaintiff sustained on June 11, 2005, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. 12. As a direct and proximate result of the negligence of the defendant the plaintiff was required to incur expenses not covered by automobile insurance. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully submitted, r William P. Dougla sq. June 29, 2007 Attorney for Plain 'ff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 1% - 1% ><„ William P. Douglas Attorney for Plaintiff Date: June 29, 2007 C', C; ? ? . `? ,?, c ._. N ' ? ('! 3 ?' rt? i.?_ Vii,.- ? ?' %-?f ~ " ? ? ? "'/? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, Plaintiff, V. RICHARD W. KOSER, Defendant. TO: PLAINTIFF You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered againgt you. HUDOCK, GUTHRIE CIVIL DIVISION No.: 07-3406 Civil Term ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #15535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. RICHARD W. KOSER, Defendant. ANSWER AND NEW MATTER Defendant, Richard W. Koser, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Jeffrey C. Catanzarite, Esquire, files the following Answer and New Matter: 1. ANSWER 1. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. The allegations of Paragraph 4 are denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 5. The allegations of Paragraph 5 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania of Rules of Civil Procedure. 6. The allegations of Paragraph 6 and its subparts are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 7. The allegations of Paragraph 7 and its subparts are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 8. The allegations of Paragraph 8 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania of Rules of Civil Procedure. 9. The allegations of Paragraph 9 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania of Rules of Civil Procedure. 10. The allegations of Paragraph 10 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania of Rules of Civil Procedure. 11. The allegations of Paragraph 11 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania of Rules of Civil Procedure. 12. The allegations of Paragraph 12 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania of Rules of Civil Procedure. WHEREFORE, Defendant, Richard W. Koser, demands judgment in his favor and against Plaintiff. II. NEW MATTER 13. Paragraphs 1 through 12 are herein incorporated by reference. 14. The Plaintiff's claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and the Defendant asserts, as an affirmative defense, all rights, privileges and/or immunities accruing pursuant to said statute. 15. The Defendant claims the benefit of the applicable provisions of the Pennsylvania Comparative Negligence Act as set forth in 42 Pa. C.S.A. § 7102, et seq., and pleads the same as an affirmative defense against any and all claims of the Plaintiff. WHEREFORE, Defendant, Richard W. Koser, demands judgment in his favor and against Plaintiff. JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: ` Onset y tanzafitie, Esquire f r Defendant VERIFICATION Defendant verifies that he/she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he/she has furnished to his/her counsel and information which has been gathered by his/her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he/she has given to his/her counsel, it is true and correct to the best of his/her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he/she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: i -?/-p 7 ? Richard W. Koser, Defendant #15535 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Answer and New tto Matter was served upon the following counsel of record on thel61? day of 2007, by U.S. First Class Mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: JIfrey C. Chtgfizarite, Esquire ounsel for Defendant r.`? ? p ?? -..., -r? <- '+7 f ', C? ?? i "' ,1 mac.. ? ?1.. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOCKERSMITH JOHN VS KOSER RICHARD W BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS KOSER RICHARD W was served upon the DEFENDANT at 1440:00 HOURS, on the 12th day of June , 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 RICHARD KOSER a true and attested copy of WRIT OF SUMMONS by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Postage .41 Surcharge 10.00 .00 /lpfd ? ? 47.61 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/12/2007 DOUGLAS LAW OFFICES By. i)? fl), 1 40k Deputy Sheriff of A. D. William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ John Hockersmith In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 07 - 3406 Civil Term Richard W. Koser Civil action law Defendant Jury Trial Demanded Reply to New Matter 13. The allegations of the original complaint are incorporated herein and reference is made thereto. 14. Denied. Denied as a legal conclusion to which no response is necessary. 15. Denied. Denied as a legal conclusion to which no response is necessary. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant and the new matter of the defendant be dismissed. Res ectfully s mitte , William P. Douglas, August 27, 2007 Attorney for Plain f AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. l William P. Douglas Attorney for Plaintiff Date: August 27, 2007 ? na F-ry " co 4 - .. tti-t a . r.- ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. MOTION TO COMPEL RICHARD W. KOSER, (Jury Trial Demanded) Defendant. Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #15535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. RICHARD W. KOSER, Defendant. MOTION TO COMPEL Defendant, Richard W. Koser, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Jeffrey C. Catanzarite, Esquire, files the following Motion to Compel: 1. The instant case arises out of a motor vehicle accident which occurred on June 11, 2005. 2. On or about July 12, 2007, the Defendant served the Plaintiff with Interrogatories and a Request for Production of Documents. Accordingly, the appropriate discovery responses would have been due no later than August 11, 2007. A true and correct copy of the July 12, 2007 correspondence is attached hereto as Exhibit "A". 3. On August 14, 2007, defense counsel notified Plaintiff's counsel that the Plaintiff's Answers and Response to the Defendant's Interrogatories and Request for Production of Documents were overdue. A true and correct copy of the August 14, 2007 correspondence is attached hereto as Exhibit "B". 4. To date, the Defendant has not received the Plaintiff's Answers and Response to the Defendant's Interrogatories and Request for Production of Documents. 5. It is necessary for a proper defense of this lawsuit that Plaintiff provide full and complete responses to Defendant's discovery requests. 6. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing the Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within ten (10) days or suffer additional sanctions. 7. Counsel for Defendant certifies that he has attempted to contact Plaintiff's counsel in an effort to resolve the discovery dispute as set forth above. Despite such attempts by defense counsel, however, Plaintiff's discovery responses have not been received by defense counsel. 8. Pursuant to Cumberland County Local Rule 208.3(a)(2), no Judge has ruled upon any other issue in the same or related matter. WHEREFORE, Defendant, Richard W. Koser, respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide full and complete responses to Defendant's discovery requests within ten (10) days of the date of the Order. JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: 4z?? C. Catanzarite, Esquire for Defendant SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUOOCK, JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. C.ONNELLV* JEFFREY C. C.ATANZARITE ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 PITTSBURGH OFFICE: JASON A. HINES GULF TOWER, SUITE 2400 KEVIN D. RAUCH 707 GRANT STREET ERIN M. BRAUN GUY E. BLASS PITTSBURGH, PA 15219 MARK J. GOLEN PHONE 412-261-3232 ROBERT J. FISHER, JR. FAX 412-261.3239 KIMBERLY L. GALLUCCIae JESSICA M. JURASKO ERICK V. VIOLAGO JOHN A. LUCV ELLEN L. KAPALKO SETH T. BLACK July 12, 2007 PAUL D. MURPHY **ALSO ADMITTED IN OH In Re: John Hockersmith v. Richard W. Koser Docket Number 07-3406 Civil Term (Cumberland County) Date of Loss June 11, 2005 Our File Number 15535 Dear Mr. Douglas: Please be advised that I received your July 9, 2007 correspondence wherein you advised of the Cumberland County Local Rule concerning Interrogatories. Accordingly, I have enclosed with this correspondence a more limited version of the Interrogatories that were originally sent. Kindly provide a response to these Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure. If you have any questions or concerns, please do not hesitate to contact me. r ly, Yffrey C. Catanzarite JCC/pk Enclosure ExkbJ A HARRISBURG OFFICE: 1017 MUMMA ROAD, LEMOYNE, PA 17043 PHONE: 717.901.5916 FAX: 717-920-9129 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUD=K. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE JASON A. HINES KEVIN D. RAUCH ERIN M. BRAUN GUY E. BLASS MARK J. GOLEN ROBERT J. FISHER, JR. KIMBERLY L. GALLUCCI-- JESSICA M. JURASKO ERICK V. VIOLAGO JOHN A. LUCY ELLEN L. KAPALKO SETH T. BLACK PAUL D. MURPHY ALSO ADMITTED IN WV PITTSBURGH OFFICE: GULF TOWER, SUITE 2400 707 GRANT STREET PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412-261.3239 August 14, 2007 William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 **ALSO ADMITTED IN OH In Re: John Hockersmith v. Richard W. Koser Docket Number 07-3406 Civil Term (Cumberland County) Date of Loss June 11, 2005 Our File Number 15535 Dear Mr. Douglas: Please be advised that the Plaintiff's Answers and Response to the Defendant's Interrogatories and Request for Production of Documents are overdue. Kindly provide a response to these discovery requests in the near future. If you have any questions or concerns, please do not hesitate to contact me. S' ely, J Orey C. Catanzarite JCC/pk C-x? ? iT B HARRISBURG OFFICE: 1017 MUMMA ROAD, LEMOYNE, PA 17043 PHONE: 717-501.5516 FAx: 717-520-5129 CERTIFICATE OF SERVICE 1. hereby certify that a true and correct copy of the within Motion to Compel was served upon the following counsel of record on the 27t' day of August, 2007, by U.S. First Class Mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: C.)Conzarite, Esquire nsel Distribution to: Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 n ?3 JOHN HOCKERSMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-3406 CIVIL RICHARD W. KOSER, Defendant IN RE: DEFENDANT'S MOTION TO COMPEL RULE TO SHOW CAUSE AND NOW, this day of September, 2007, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon John Hockersmith to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; and 4. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, 'Ni L0 =IIIJIV S- d3SEOOZ w htit?s U( 1_.L } 31 J© IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. MOTION TO COMPEL RICHARD W. KOSER, (Jury Trial Demanded) Defendant. Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #15535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, Plaintiff, V. RICHARD W. KOSER, Defendant. CIVIL DIVISION No.: 07-3406 Civil Term MOTION TO COMPEL Defendant, Richard W. Koser, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Jeffrey C. Catanzarite, Esquire, files the following Motion to Compel: 1. The instant case arises out of a motor vehicle accident which occurred on June 11, 2005. 2. On or about March 28, 2008, the Defendant served the Plaintiff with Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents. The appropriate discovery responses would have been due no later than April 28, 2008. A true and correct copy of the First Set of Supplemental Interrogatories and Request for Production of Documents and the March 28, 2008 correspondence is attached hereto as Exhibit "A". 3. On April 29, 2008, defense counsel notified Plaintiff's counsel that the Plaintiff's Answers and Response to the Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents were overdue. A true and correct copy of the April 29, 2008 correspondence is attached hereto as Exhibit "B". 4. On May 13, 2008, defense counsel once again notified Plaintiff's counsel that the Plaintiff's Answers and Response to the Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents were overdue. A true and correct copy of the May 13, 2008 correspondence is attached hereto as Exhibit "C". 5. To date, the Defendant has not received the Plaintiff's Answers and Response to the Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents. 6. It is necessary for a proper defense of this lawsuit that Plaintiff provide full and complete responses to Defendant's discovery requests. 7. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing the Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents to Plaintiff within ten (10) days or suffer additional sanctions. 8. Counsel for Defendant certifies that he has attempted to contact Plaintiff's counsel in an effort. to resolve the discovery dispute as set forth above. Despite such attempts by defense counsel, however, Plaintiff's discovery responses have not been received by defense counsel. 9. Pursuant to Cumberland County Local Rule 208.3(a), the Defendant is advising that Judge Kevin A. Hess has been previously assigned to this case. WHEREFORE, Defendant, Richard W. Koser, respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide full and complete responses to Defendant's discovery requests within ten (10) days of the date of the Order. JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: - , (lit' :frey C. Catanzarite, Esquire unsel for Defendant SUMMERS, MCDONNELL, GUTHRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS PITTSBURGH OFFICE: THOMAS A. MCDONNELL GULF TOWER, SUITE 2400 JOSEPH A. HUDOCK, JR. 707 GRANT STREET GREGG A. GUTHRIE PETER B. SKEEL PITTSBURGH, PA 15219 PATRICK M. CONNELLY* PHONE 412-261-3232 JEFFREY C. CATANZARITE FAX 412-261-3239 `ALSO ADMITTED IN WV March 28, 2008 JASON A. HINES KEVIN D. RAUCH ERIN M. BRAUN GUY E. BLASS MARK J. GOLEN ROBERT J. FISHER, JR. KIMBERLY L. GALLUCCI- JESSICA M. JURASKO ERICK V. VIOLAGO JOHN A. LUCY ELLEN L. KAPALKO SETH T. BLACK... PATRICK M. HORVAT Roy L. GALLOWAY ETHAN K. STONE William P. Douglas, Esquire ALSO ADMITTED IN OH Douglas Law Office ALSO ADMITTED IN NJ 43 W. South Street Carlisle, PA 17013 In Re: John Hockersmith v. Richard W. Koser Docket Number 07-3406 Civil Term (Cumberland County) Date of Loss June 11, 2005 Our File Number 15535 Dear Mr. Douglas: Enclosed please find the Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents directed to the Plaintiff in this case. Kindly provide a response to these discovery requests pursuant to the Pennsylvania Rules of Civil Procedure. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Jeffrey C. Catanzarite JCC/pk Enclosures HUDOCK, L.L.P. HARRISBURG OFFICE: 1017 MUMMA ROAD, LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. DEFENDANT'S FIRST SET OF SUPPLEMENTAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF RICHARD W. KOSER, (Jury Trial Demanded) Defendant. Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire Pa. I.D. #: 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm No. 911 Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #15535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. RICHARD W. KOSER, Defendant. NOTICE TO: Plaintiff, John Hockersmith c/o William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 You are hereby required to answer the following Supplemental Interrogatories and Request for Production of Documents under oath and in writing pursuant to the applicable Rules of Civil Procedure within thirty (30) days of the date of service hereof. Kindly take note of and comply with the following provision of Section 1827 of Act 6 of 1990: "Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine up to $15,000.00." JURY TRIAL DEMANDED Summers, McDonnell, Hudock, ,Cvtghrie & Skeel, L.L.P. By: Jfrey C. Catanzarite, Esquire ounsel for Defendant DEFENDANT'S FIRST SET OF SUPPLEMENTAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF, JOHN HOCKERSMITH 1. Attached to these Interrogatories is the Police Accident Report concerning this accident. You will see from the report that you were charged with a violation of § 3802 of the Vehicle Code, which is driving under the influence of alcohol. Were you charged with driving under the influence of alcohol as a result of this accident or any other felony or misdemeanor arising out of this accident? If so, please state: (a) The date you were charged with and/or convicted of a crime; (b) The crime of which you were charged with and/or convicted; (c) The jurisdiction in which the crime was committed; (d) The name of the court in which the charges were brought and the conviction obtained; (e) Whether a guilty plea was entered; and, (f) Whether a trial on the charge(s) took place and the result. ANSWER: 2. Kindly provide all documentation concerning the driving under the influence criminal charge and result. ANSWER: JURY TRIAL DEMANDED Respectfully submitted, S ers, McDonnell, Hudock, =urije & Skeel, L.L.P. By: Irey C. Catabearite, Esquire unsel for Defendant CERTIFICATE OF SERVICE I hereby certify that the original and two (2) true and correct copies of the within Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents Directed to Plaintiff was served upon the following counsel of record on the 28th day of March, 2008, by U.S. First Class Mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. By: ( reyt?Cl Catanzarite, Esquire nsel for Defendant SUMMERS, MCDONNELL, GUTHRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS PITTSBURGH OFFICE: THOMAS A. MCDONNELL GULF TOWER, SUITE 2400 JOSEPH A. HUDOCK, JR. 707 GRANT STREET GREGG A. GUTHRIE PA 15219 PITTSBURGH PETER B. SKEEL , PATRICK M. CONNELLY* PHONE 412.261-3232 JEFFREY C. CATANZARITE FAX 412-261-3239 ALSO ADMITTED IN WV April 29, 2008 JASON A. HINES KEVIN D. RAUCH ERIN M. BRAUN GUY E. BL SS MARK J. GOLEN ROBERT J. FISHER, JR. KIMBERLY L. GALLUCCI- JESSICA M. JURASKO ERICK V. VIOLAGO JOHN A. LUCY ELLEN L. KAPALKO SETH T. BLACK"• PATRICK M. HORVAT ROY L. GALLOWAY ETHAN K. STONE -ALSO ADMITTED IN OH William P. Douglas, Esquire ALSO ADMITTED IN NJ Douglas Law Office 43 W. South Street Carlisle, PA 17013 In Re: John Hockersmith v. Richard W. Koser Docket Number 07-3406 Civil Term (Cumberland County) Date of Loss June 11, 2005 Our File Number 15535 Dear Mr. Douglas: Please be advised that the Plaintiff's Answers to the Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents are overdue. Kindly provide a response to these discovery requests in the near future. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Ieffrey C. Catanzarite JCC/pk HUDOCK, L.L.P. HARRISBURG OFFICE: 1017 MUMMA ROAD, LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 SUMMERS, MCDONNELL, GUTHRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS PITTSBURGH OFFICE: THOMAS A. MCDONNELL GULF TOWER, SUITE 2400 JOSEPH A. HUDOCK. JR. 707 GRANT STREET GREGG A. GUTHRIE PITTSBURGH, PA 15219 PETER B. SKEEL PATRICK M. CONNELLY* PHONE 412.261-3232 JEFFREY C. CATANZARITE FAX 412-261-3239 ALSO ADMITTED IN WV May 13, 2008 JASON A. HINES KEVIN D. RAUCH ERIN M. BRAUN GUY E. BLASS MARK J. GOLEN ROBERT J. FISHER, JR. KIMBERLY L. GALLUCCI- JESSICA M. JURASKO ERICK V. VIOLAGO JOHN A. LUCY ELLEN L. KAPALKO SETH T. BLACK... PATRICK M. HORVAT ROY L. GALLOWAY ETHAN K. STONE William P. Douglas, Esquire * * ALSO ADMITTED IN OH Douglas Law Office ***ALSO ADMITTED IN NJ 43 W. South Street Carlisle, PA 17013 In Re: John Hockersmith v. Richard W. Koser Docket Number 07-3406 Civil Term (Cumberland County) Date of Loss June 11, 2005 Our File Number 15535 Dear Mr. Douglas: On April 29, 2008, 1 forwarded correspondence to you advising that the Plaintiff's Answers to the Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents were overdue. To date, I have not received a response to these discovery requests. In the event that I do not receive them in the very near future, I will have no choice but to file a Motion to Compel with the Court. I look forward to hearing from you. ly, tanzarite C. Ca 7effrey JCC/pk H UDOCK, L.L.P. HARRISBURG OFFICE: 1017 MUMMA ROAD, LEMOYNE, PA 17043 PHONE: 717-901.5916 FAX: 717.920.9129 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Motion to Compel was served upon the following counsel of record on the 28th day of May, 2008, by U.S. First Class Mail, postage prepaid: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 By: Distribution to: Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. J rey C. C`Aanzarite, Esquire unsel for Defendant Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 2400 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 7'? .?..? ('t'1 i. fV S •• j JUN 0 820D80? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN HOCKERSMITH, CIVIL DIVISION Plaintiff, No.: 07-3406 Civil Term V. RICHARD W. KOSER, Defendant. ORDER OF COURT AND NOW, to-wit, this day of 4 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff provide full and complete Responses to Defendant's First Set of Supplemental Interrogatories and Request for Production of Documents within ten-4G) days of the date of^this Order. BY THE COURT: #15535 rI ?iftf fi J Jt i AiNn Z f :9 WV S- Nita' 8002 A8VI WHiOdd 3Ni ?O 30H?O- :i DOUGLAS LAW OFFICE 43 WEST SOUTH STREET CARLISLE PA 17013 TELEPHONE 717-243-1790 John Hockersmith vs Richard W. Koser Plaintiff Defendant WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 07 - 3406 Civil Term Civil action law Jury Trial Demanded G7 Statement of Intention to Proceed `4 - Z; t h To the Court: The Plaintiff John Hockersmith intends to proceed with the above captioned matter. r William P. Doug Attorney for date: October 24, 2011 William P. Douglas, Esq. Supreme Court I. D. 1137926 Douglas Law Office 43 West South Street Carlisle, Pennsylvania 17013 Telephone (717) 243-1790__ John Hockersmith ::C'- 's= G'l In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania No. 2007 - 3406 Civil Term vs Civil action law Richard W. Koser Praecipe to Discontinue Defendant Praecipe to Settle and Discontinue Dear Mr. Buell: Please mark the above captioned matter settled and discontinued with prejudice. Iiam P. Doug1 , Esq. Attorney for P intiff Date: January 26, 2012