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HomeMy WebLinkAbout07-5661NATIVIDAD PEREZ, Plaintiff V. RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- SL4 1 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of 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. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 NATIVIDAD PEREZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vi. NO. 07- CIVIL TERM RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant COMPLAINT 1. Plaintiff, Natividad Perez, an adult individual, age 72, resides at 7 Lake Point Drive, Lower Point Drive, Lower Paxton Township, County of Dauphin, and State of Pennsylvania 17111. 2. Defendant, Rhodes Development Group, Incorporated is a corporation authorized to do business within the State of Pennsylvania and maintains an office for the transaction of such business at 1300 Market Street, Lemoyne, County of Cumberland, and State of Pennsylvania. 3. Defendant, Rhodes Development Group, Incorporated owns and operates a rental property, Twin Lakes Apartments, Locust Lane, Lower Paxton Township, County of Dauphin, and State of Pennsylvania. 4. Plaintiff, Natividad Perez, is and continues to be a resident who rents an apartment at Twin Lakes Apartments, a rental property owned and managed by Defendants, Rhodes Development Group, Incorporated at 7 Lake Point Drive, Lower Paxton Township, County of Dauphin, and State of Pennsylvania. 5. On or about October 18, 2005, Plaintiff was lawfully present at the property near her home in Twin Lakes Apartment and was walking on the sidewalk owned and provided by Defendant where she was caused to trip and fall sustaining serious physical and emotional injuries. 6. Plaintiff tripped and fell because of the dangerous and unlawful conditions at said location caused by Defendant's negligence in design and/or proper maintenance of the sidewalks near her home in Twin Lakes Apartment. 7. Defendant had the highest duty to maintain and provide a safe and suitable place to walk at or near the Plaintiff's home under the statues or ordinances applicable at the time and place, October 18, 2005, Lower Paxton Township, County of Dauphin, State of Pennsylvania. 8. At the aforementioned site, Defendant, Rhodes Development Group, Incorporated did negligently maintain the sidewalk resulting in a marked unevenness of the sidewalk at that particular location sufficient to cause the Plaintiff to trip and fall forward sustaining injuries to her face and jaw requiring medical treatment that continues. 9. The immediate result of Defendant's failure to properly maintain the sidewalk on the property owned, managed and controlled by the Defendant is a severe physical and emotional injury to the Plaintiff that continues. 10. As a direct result of the aforesaid mentioned trip and fall, Plaintiff, Natividad Perez suffered injuries of a personal and pecuniary nature including but not limited to medical expenses, pain and suffering, and physical and emotional trauma all of which are permanent. 11. Defendant, by it's actions, or through it's inactions, has failed to fulfill it's duty to residents to maintain the sidewalks on it's property in such a way as to provide a safe and suitable place to walk near Plaintiff's home. 12. The Defendant by it's actions, or through her inactions, caused the Plaintiff to trip and fall suffering severe and debilitating injuries.. 13. Defendant, by its actions, or through its inactions, has caused damage to the Plaintiff's in the amount of less than $50,000.00. WHEREFORE, the Plaintiff, Natividad Perez, demands judgment ` inst Defendant, Rhoades Development Group, Incorporated for actual damages in the amount of less than $50,000.00. D Ate Respectfully Submitted TURO LAW OFFICES ichael R. Smi squire 28 South Pitt Street Carlisle, PA 17013 .23 (717) 245-9688 S? ?© Attorney for Plaintiffs VERIFICATION 1 verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Natidad ere a S a 4 cT C71D f G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, CASE NUMBER: 07-5661 Plaintiff ISSUE NUMBER: V. Rhodes Development Group, Incorporated, PLEADING: PRAECIPE FOR APPEARANCE Defendant CODE AND CLASSIFICATION: FILED ON BEHALF OF: RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. iD# 0'9073 CIPRIANI & WERNER, P.C. 1101 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Natividad Perez, Plaintiff V. Rhodes Development Group, Incorporated, Defendant CASE NO: 07-5661 PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, in the above-captioned matter. A JURY TRIAL IS DEMANDED CIVIL DIVISION BY: Respectfully submitted, CIPRIANI & WERNER, P.C. DENN J. BONETTI, ESQUIRE ADAM L. SEIFERTH, ESQUIRE Counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, accordin to the Pennsylvania Rules of Civil Procedure, on the day of (? , 2007. Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 1700 3 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: DE S J. BONETTI, ESQUIRE AD • i L. SEIFERTH, ESQUIRE Counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED r-? n n p y rv, w-, SHERIFF'S RETURN - REGULAR CASE NO: 2007-05661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEREZ NATIVIDAD VS RHODES DEVELOPMENT GROUP INC GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RHODES DEVELOPMENT GROUP INCORPORATED the DEFENDANT at 1655:00 HOURS, on the 1st day of October , 2007 at 1300 MRKET STREET LEMOYNE, PA 17043 STACEY NEIDIGH, ADMIN ASST SUITE 307 by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service ? Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 14 .4 0 .58 ?y" : ,.. 10.00 R. Thomas Kline .00 42.98 10/04/2007 RON TURO By. day Deputy She f A.D. IN THE COU RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Pere , CASE NUMBER. 07-5661 Plainti ? i ISSUE NUMBER: V. PLEADING: Rhodes Develo pment Group, Incorporated, ANSWER AND NEW MATTER Defen dant OF DEFENDANT, RHODES DEVELOPMENT GROUP, INCORPORATED CODE AND CLASSIFICATION: FILED ON BEHALF OF: RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant. COUNSEL OF RECORD: TO: NATIVIDAD YOU ARE HEREB ENCLOSED ANS'% TWENTY (20) DA) DEFAULT JUDC AGAINST YOU. L. DENNIS J. BONETTI, ESQUIRE .REZ Pa. ID# 34329 NOTIFIED TO PLEAD TO THE R WITH NEW MATTER WITHIN ADAM L. SEIFERTH, ESQUIkt; FROM SERVICE HEREOF OR A Pa. ID# 89073 [ENT MAY BE ENTERED CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 ESQUIRE Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad CASE NO: 07-5661 V. Rhodes Development Group, Incorporated, AND AND NOW, comes the Defendant, Rhodes Development Group, Incorporated ("Rhodes Development"), by and through its attorneys, Cipriani & Werner, P.C., and answers Plaintiff's Complaint as fb?lows: 1. Admitted upon information and belief. 2. 3. Admitted with clarification. Defendant, Rhodes Development, owns and operates Twin Lakes Manor Apartments, which has a business address of 4405A Union Deposit Road, Lower Paxton Township, Dauphin County, Pennsylvania. I 4. Admitted upon information and belief. 5. Denied. After reasonable investigation, Defendant, Rhodes Development, is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 5 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, the averments contained in paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 6. enied. Defendant, Rhodes Development, is advised by counsel and therefore avers that the a legations contained in paragraph 6 of Plaintiff's Complaint state conclusions of law to which ;o answer is required. To the extent that a further answer is required, the averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). 7. enied. Defendant, Rhodes Development, is advised by counsel and therefore avers that the a legations contained in paragraph 7 of Plaintiff's Complaint state conclusions of I law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. Defendant, Rhodes Development, is advised by counsel and therefore avers that the allegations contained in paragraph 8 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in i paragraph 8 ar? denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Rhodes Development, is without knowledge or information sufficient to fora a belief as to the truth of the averments concerning the nature and extent of the alleged injuries ?uffered by Plaintiff and the same is therefore denied. 9. Denied. Defendant, Rhodes Development, is advised by counsel and therefore avers that the allegations contained in paragraph 9 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 9 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Rhodes Development, is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of the alleged injuries uffered by Plaintiff and the same is therefore denied. 10. enied. Defendant, Rhodes Development, is advised by counsel and therefore avers that the al egations contained in paragraph 10 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant, Rhodes Development, is without knowledge or information sufficient to fo a belief as to the truth of the averments concerning the nature and extent of the alleged injuries uffered by Plaintiff and the same is therefore denied. 11. enied. Defendant, Rhodes Development, is advised by counsel and therefore avers that the al egations contained in paragraph 11 of Plaintiff s Complaint state conclusions of law to which o answer is required. To the extent that a further answer is required, the averments conta'ned in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). 12. enied. Defendant, Rhodes Development, is advised by counsel and therefore avers that the al egations contained in paragraph 12 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 12 a e denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable inve igation, Defendant, Rhodes Development, is without knowledge or information sufficient to fo a belief as to the truth of the averments concerning the nature and extent of the alleged injurie:nied. ffered by Plaintiff and the same is therefore denied. 13. Defendant, Rhodes Development, is advised by counsel and therefore avers that the allegations contained in paragraph 13 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments cont ined in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). WHE FORE, Defendant, Rhodes Development Group, Incorporated, demands that the Complaint of Plai Natividad Perez, be dismissed. NEW MATTER 14. 15. condition. intiff's claims may be barred by the applicable statute of limitations. alleged unevenness of the sidewalk was neither a dangerous nor defective 16. Defendant, Rhodes Development, had no notice of any alleged defective condition of the sidewalk, which is specifically denied. l I 17. If the sidewalk was in a dangerous or defective condition as alleged by Plaintiff, which is specifically denied, the condition was open and obvious to Plaintiff and, therefore, should have been observed and avoided by Plaintiff. 18. Plaintiff's claims are reduced or barred by the Comparative Negligence Act. Plaintiff's contributory negligence consisted of, but is not limited to: Failing to watch where she was walking; bi Failing to keep a proper lookout; c,? Failing to pay attention to her surroundings; Failing to use an available alternate route; and Failing to avoid an open and obvious condition. 19. Plaintiffs alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part, by the acts or omissions of third parties other than Defendant 20. may have been giving rise to tl 21. one or more reference in( release or im WHF requests that s alleged injuries and damages, if any, which are specifically denied, ting, either in whole or in part and are not causally related to the accident present litigation. iscovery may reveal that Plaintiff's claims may be barred in whole or in part by rmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by ng, but not limited to, assumption of the risk, collateral estoppel, res judicata, City from suit. FORE, Defendant, Rhodes Development Group, Incorporated, respectfully Complaint of Plaintiff, Natividad Perez, be dismissed. Respectfully submitted, CIPRIANI & WERNER, P.C. A JURY BY: DENNIS J. BONETTI, E Q E ADAM L. SEIFERTH, E QU RE Counsel for the Defendan IS DEMANDED RHODES DEVELOPMENT GROUP, INCORPORATED VERIFICATION I hereby affirm that the following facts are correct: Rhodes Development Group, Incorporated is a Defendant in the foregoing action. The attached Answer and New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language o the Answer and New Matter is that of counsel and not of me. I have read the Answer and N w Matter and to the extent that the Answer and New Matter is based upon information wh' h I have given to my counsel, it is true and correct to the best of my knowledge, information andl belief. To the extent that the content of the Answer and New Matter is that of counsel, I have elied upon counsel in making this verification. I hereby acknowledge that the facts set forth i the aforesaid Answer and New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: Z?A 1c'21 Authorized Re ese tative of Rhodes Development Group, Incorporated CERTIFICATE OF SERVICE That INCORPORA MATTER OF been served o Pennsylvania 2007. )unsel for the Defendant, RHODES DEVELOPMENT GROUP, ?D, hereby certifies that a true and correct copy of its ANSWER AND NEW ?EFENDANT, RHODES DEVELOPMENT GROUP, INCORPORATED has all counsel of record, by first class mail, postage pre-paid, ccording to the Iles of Civil Procedure, on the ? day of Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. DENNIS J. BONETTI, S WIRE ADAM L. SEIFERTH, SQ IRE Counsel for the Defenda t RHODES DEVELOPMENT GROUP, INCORPORATED - CD 71 _ l # C.I'l i ? cri ry ? r3 i`J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, CASE NUMBER: 07-5661 Plaintiff ISSUE NUMBER: V. PLEADING: Rhodes Development Group, Incorporated, CERTIFICATE PREREQUISITE TO Defendant SERVICE OF SUBPOENAS CODE AND CLASSIFICATION: FILED ON BEHALF OF: RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, ) CASE NO: 07-5661 Plaintiff ) V. ) Rhodes Development Group, Incorporated, ) Defendant ) CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants, by and through their attorneys, certifies that: (1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objections to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. CIPRIANI & WERNER, P.C. A JURY TRIAL IS DEMANDED OUP, INCORPORATED BY: DENNIS J. BONET I, E ADAM L. SEIFERTH, E QU Counsel for the Defenda , RHODES DEVELOPME R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, Plaintiff CASE NUMBER: 07-5661 ISSUE NUMBER: V. PLEADING: Rhodes Development Group, Incorporated, NOTICE OF INTENT TO SERVE Defendant SUBPOENAS CODE AND CLASSIFICATION: FILED ON BEHALF OF: RHODES DEVELOPMENT GROUP, INCORPORATED. Defendant. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, CASE NO: 07-5661 Plaintiff V. Rhodes Development Group, Incorporated, Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objection is made the subpoenas may be served. Respectfully submitted, CIPRIANI & WERNER, P.C. P BY: ENNIS J. BONETTI, S IRE ADAM L. SEIFERTH, IRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED RHODES DEVELOPMENT GROUP, INCORPORATED COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Natividad Perez, Plaintiff V. Rhodes Development Group, Incorporated, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Locust Lane Dental Group, 5525 Locust Lane, Harrisburg, PA 17109 Within twenty (20) days after the service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of any and all medical records, reports and diagnostic studies regarding Natividad Perez - DOB: 2-25-1935 at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Adam L. Seiferth, Esquire ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 TELEPHONE: (717) 975-9600 SUPREME COURT ID# 89073 ATTORNEY FOR: Defendant NO.: 07-5661 CIVIL ACTION BY THE COURT: Date Prothonotary, Civil Division Deputy Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Natividad Perez, Plaintiff V. Rhodes Development Group, Incorporated, Defendant NO.: 07-5661 CIVIL ACTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Endodontics Associates, 1199 Colonial Road, Harrisburg, PA 17112 Within twenty (20) days after the service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of any and all medical records, reports and diagnostic studies regarding Natividad Perez - DOB: 2-25-1935 at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Adam L. Seiferth, Esquire ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 TELEPHONE: (717) 975-9600 SUPREME COURT ID# 89073 ATTORNEY FOR: Defendant Date Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Natividad Perez, Plaintiff V. Rhodes Development Group, Incorporated, Defendant NO.: 07-5661 CIVIL ACTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Harrisburg Hospital, 111 S. Front Street, Harrisburg, PA 17101 Within twenty (20) days after the service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of any and all medical records, reports and diagnostic studies regarding Natividad Perez - DOB: 2-25-1935 at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Adam L. Seiferth, Esquire ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 TELEPHONE: (717) 975-9600 SUPREME COURT ID# 89073 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary, Civil Division Date Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Natividad Perez, Plaintiff V. Rhodes Development Group, Incorporated, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Community General Hospital, 4300 Londonderry Rd., Harrisburg, PA 17109 Within twenty (20) days after the service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of any and all medical records, reports and diagnostic studies regarding Natividad Perez - DOB: 2-25-1935 at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Adam L. Seiferth, Esquire ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 NO.: 07-5661 CIVIL ACTION TELEPHONE: (717) 975-9600 SUPREME COURT ID# 89073 ATTORNEY FOR: Defendant Date BY THE COURT: Prothonotary, Civil Division Seal of the Court Deputy CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its NOTICE OF INTENT TO SERVE SUBPOENAS has been served on all counsel of record, by first class mail, postage pre- paid, according to the Pennsylvania Rules of Civil Procedure, on the 5 day of ?,? , 2008. Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: DENNIS J. BONETTI, ADAM L. SEIFERTH, Counsel for the Defend RHODES DEVELOPMENT GROUP, INCORPORATED CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS has been served on all counsel of record, by first clajs mail, posta a pre- aid, according to the Pennsylvania Rules of Civil Procedure, on the day of '2008. Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: DENNIS J. BONETTI, ADAM L. SEIFERTH, Counsel for the Defend RHODES DEVELOPMENT GROUP, INCORPORATED r ' ra '7T Fri- r- ;:7 l{:.va IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, CASE NO: 07-5661 Plaintiff V. Rhodes Development Group, Incorporated, Defendant DEFENDANT'S MOTION TO COMPEL DISCOVERY FROM PLAINTIFF AND NOW, comes the Defendant, Rhodes Development Group, Incorporated ("Defendant"), by and through its counsel, Cipriani & Werner, P.C., and moves this Court to compel Plaintiff to answer Interrogatories and respond to Request for Production of Documents as follows: 1. Plaintiffs commenced this action by filing a Complaint on September 28, 2007, seeking damages for personal injury as a result of an alleged trip and fall on Defendant's premises. 2. On or about October 24, 2007, Defendant served Interrogatories and Request for Production of Documents on Plaintiff. A true and correct copy of the transmittal letter to Plaintiffs counsel forwarding the written discovery and the Certificates of Service attached to the Interrogatories and Request for Production of Documents evidencing service are attached collectively hereto as Exhibit "A." 3. Pursuant to Pa.R.C.P. 4006(2), the party answering Interrogatories shall serve a copy of the answers within thirty (30) days after service of the Interrogatories. Likewise, the party upon whom a Request for Production of Documents is served shall produce or make available the documents described in the Request within thirty (30) days. Pa.R.C.P. 4009.12(a)(2). 4. The undersigned counsel subsequently conferred with Plaintiff's counsel by telephone on November 20, 2007 and granted Plaintiff an extension of time until December 24, 2007 to respond to Defendant's Interrogatories and Request for Production of Documents. A true and correct copy of Plaintiff's counsel's November 20, 2007 e-mail confirming this telephone conversation is attached hereto as Exhibit "B." 5. Having received no response, the undersigned counsel sent a letter to Plaintiff's counsel on or about January 7, 2008 requesting a status update regarding the outstanding discovery. A true and correct copy of the January 7, 2008 letter is attached hereto as Exhibit «C " 6. By letter dated January 11, 2008, Plaintiff's counsel responded that the discovery responses were not completed due to various reasons, and advised that he would make every effort to send the discovery within two (2) weeks. A true and correct copy of Plaintiff's counsel's January 11, 2008 letter is attached hereto as Exhibit "D." 7. As of the filing of this Motion, Defendants have not received answers to Interrogatories or response to the Request for Production of Documents, Plaintiff having now had over four (4) months to respond to the discovery. 8. The undersigned counsel certifies that he, after the reasonable efforts described above, has been unable to resolve this discovery dispute. 9. This court may, upon Motion, make an appropriate Order if a party fails to make discovery as is just. See, Pa.R.C.P. 4019. 10. A Judge has not previously ruled on any other issue in this or any related matter. WHEREFORE, Defendant respectfully requests that this Court enter an appropriate Order compelling Plaintiff to respond to Interrogatories and Request for Production of Documents within twenty (20) days and/or issue a Rule to Show Cause why the relief sought in this Motion should not be granted within twenty (20) days, or suffer sanctions as may be imposed by this Court upon further Motion of Defendant. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTH, ES? Pa. ID# 89073 1011 Mumma Road, Suite Lemoyne, PA 17043 (717) 975-9600 Counsel for the Defendant, Date: 0 - I7 a•O $ RHODES DEVELOPMENT GROUP, INCORPORATED EXHIBIT A CIPRIANI & WERNER Dennis P. Cullen Jr. Dennis J. Boneni * Lewis L. Wolfgang Jason K. Burns Steven D. Snyder Mark R. Zogby Paul A. Cacciamani Stephen R. Harris Adam L. Seiferth David H. Radcliff Of Counsel A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Suite 201 1011 Mumma Road Lemoyne, Pennsylvania 17043-1145 Telephone (717) 975-9600 Fax: (717) 975-3846 Pittsburgh Office: 650 Washington Road, Suite 700 Pittsburgh, PA 15228 Telephone (412) 563-2500 Philadelphia Office: 482 Norristown Road, Suite I I I Blue Bell. PA 19422-2352 Telephone (610) 567-0700 Scranton Ofrtce: 409 Lackawanna Avenue, Suite 210 Scranton. PA 18503-2059 Telephone (570) 347-06(10 Marlton Office: 10000 Lincoln Drive East, Suite 201 Marlton. NJ 08053-0725 Telephone (856) 761-1725 Also admitted in NJ + Also admitted in D.C. & NJ * Board Certified Civil Trial Advocate Writer's E-mail: ascilcrthuc-wlaw.com Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 www.C-WLAW.com October 24, 2007 RE: Natividad Perez v. Rhodes Development Group, Incorporated Claim No.: MP050566 Our File NO.: 1092-19183H Dear Mr. Smith: I have enclosed Defendant's Interrogatories and Request for Production of Documents directed to your client. I would appreciate your Answers and Responses within the timeframe established by the Pennsylvania Rules of Civil Procedure. Should you have any questions or concerns, please do not hesitate to contact me. Very truly yours, aAda'mT h ALS/ekh Enclosure CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its INTERROGATORIES OF DEFENDANT, RHODES DEVELOPMENT GROUP, INCORPORATED DIRECTED TO PLAINTIFF - FIRST SET has been served on a] I counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the% day of , 2007. Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. DENNIS J. BONETTI, SQUIRE ADAM L. SEIFERTH, SQUIRE Counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, RHODES DEVELOPMENT GROUP, INCORPORATED DIRECTED TO PLAINTIFF - FIRST SET has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of f;?_?i 2007. Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. DENNIS J. BONETTI, S? ADAM L. SEIFERTH, SQUIRE Counsel for the Defend ; RHODES DEVELOPMENT GROUP, INCORPORATED EXHIBIT B Patricia E. Best From: Adam L. Seiferth Sent: Tuesday, November 20, 2007 4:47 PM To: Patricia E. Best Subject: FW: Perez v. Rhodes Dev. Group Please place in prolaw and diary accordingly. Adam L. Seiferth, Esquire CIPRIA'11 & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Phone: (717) 975-9600 Fax: (717) 975-3846 aseiferth@c-wlaw.com You may also find us on the world wide web at www.c-wlaw.com Please note that this e-mail contains information that may be privileged and confidential. If you are not an addressee, any disclosure, copying, distribution., or use of the contents of this e-mail is prohibited. Please contact us at 717-975-9600 if you believe you have received this e-mail in error. -----Original Message----- From: John Shugart [mailto:jshugart@turolaw.com] Sent: Tuesday, November 20, 2007 4:42 PM To: Adam L. Seiferth Cc: msmith@turolaw.com Subject: Perez v. Rhodes Dev. Group Adam: Please allow this email to confirm our telephone discussion today wherein you granted us an extension of time until Monday, December 24, 2007 to respond to Defendant's Answer and New Natter to the Complaint as well as Defendant's Interrogatories and Request for Production of Documents Directed to Plaintiff. Thank you and have a nice Thanksgiving. John M. Shugars 1 EXHIBIT C C1pRIANI & WERN nR Dennis P. Cullen Jr. $ Dennis J. Bonetti * Lewis L. Wolfgang Jason K. Bums - Steven D. Snyder Mark R. Zogby Paul A. Cacciamani - Stephen R. Harris Adam L. Seiferth David H. Radcliff Of Counsel A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Suite 201 1011 Mumma Road Lemoyne, Pennsylvania 17043-1145 Telephone (717) 975-9600 Fax: (717) 975-3846 Pittsburgh Office: 650 Washington Road, Suite 700 Pittsburgh, PA 15228 Telephone (412) 563-2500 Philadelphia Office: 482 Norristown Road, Suite 11 I Blue Bell, PA 19422-2352 Telephone (610) 567-0700 Scranton Office: 409 Lackawanna Avenue, Suite 210 Scranton, PA 18503-2059 Telephone (570) 347-0600 Marlton Office: 10000 Lincoln Drive East, Suite 201 Marlton. NJ 08053-0725 Telephone (856) 761, 0725 Also admitted in NJ $ Also admitted in D.C. & NJ * Board Certified Civil Trial Advocate Writers E-mail: aseiferth a c-wlaw.com Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 www.C-WLAW.com January 7, 2008 RE: Natividad Perez v. Rhodes Development Group, Incorporated Claim No.: MP050566 Our File No.: 1092-19183H Dear Mr. Smith: On or about October 24, 2007, I served Interrogatories and Request for Production of Documents on your client. Thereafter, by email dated November 20, 2007, John Shugars, Esquire requested an extension of time until December 24, 2007 to respond to the written discovery as well as the Answer with New Matter. To date, I have not received the requested discovery or your Reply to New Matter. Would you please provide me with an update as to the status of the outstanding discovery and pleadings? Very truly yours, 4Ad L. i ALSlekh .?Hi-$IT D E Taro Law Offices RON TORO, Esquire - Of Counsel GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire RICHARD D. KOCH, Esquire MICHAEL R. SMITH, Esquire LORIN A. SNYDER, Esquire JOHN M. SHUGARS, Esquire *Also admitted in Maryland Adam L. Seiferth, Esquire Cipriani and Werner Suite 201 1011 Mumma Road Lemoyne, PA 17043-1145 111 \OW I, A1614U'1 January 11, 2008 11. - www.TuroLaw.com M-7, 28 South Pitt Street ' 7"T f Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 Re: Natividad Perez v. Rhodes Development Group, Incorporated Claim Number: MP050566 Dear Mr. Seiferth: We received the request for interrogatories and the Request for Production of Documents. The interrogatories are nearly completed. I am awaiting answers to three of your questions and when the answers are received I will forward the document to you. I apologize for the delay but Ms. Perez is elderly and has been ill. It was difficult to arrange for the conference and, in addition, an interpreter was needed. I apologize for the delay. As to the Production of Documents and the Answer to New Matter, Attorney John Shugars, was to take care of those things. Unfortunately, Mr. Shugars has been extremely ill. I believed that he took care of these things prior to his illness but apparently he did not. I will locate the materials and will make every effort to send those items to you in the next two weeks. I am not sure when Mr. Shugars will be able to return to the office at this time. I would ask that you allow me an additional two weeks to submit the materials. Again, I apologize for the delay. Sincerely, Michael R. Smith, Esquire Turo Law Offices Cc: Natividad Perez File CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its MOTION TO COMPEL DISCOVERY FROM PLAINTIFF has been served on all counsel of record, by first cl4_ss mail, postage re-paid, according to the Pennsylvania Rules of Civil Procedure, on the _L day of 2008. Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, S Counsel for the Defend nt, RHODES DEVELOP GROUP, INCORPORATED r-- 0. CJD `" { a 2t NATIVIDAD PEREZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant NO. 07-5661 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of March, 2008, upon consideration of Defendant's Motion To Compel Discovery from Plaintiff, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, A-1 4 esley OW,' Jr., ichael R. Smith, Esq. Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff dam L. Seiferth, Esq. 1011 Mumma Road Suite 201 Lemoyne, PA 17043 Attorney for Defendant :rc 'v I d??iMei ?4y?r'Z I I:z WId, 9? v HE NATIVIDAD PEREZ Plaintiff RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA CIVIL No. 07-5661 JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT AND NOW, comes the Plaintiff, Natividad Perez, by and through her attorneys, Turo Law Offices, and answers Defendant's New Matter to Plaintiff's Complaint as follows: 14. The averment of this paragraph is a legal conclusion to which no responsive pleading is required and, further; that Plaintiff's claims are time barred, is denied and to the contrary, the complaint was timely filed. 15. The averments of this paragraph are legal conclusions to which no responsive pleading is required. By way of further answer, Defendant's contention that the subject sidewalks was not uneven, not dangerous and not in defective condition are denied, and proof thereof is demanded at trial. 16. The averment of this paragraph with respect to the issue of notice is a legal conclusion to which no responsive pleading is required. By way of further answer, that Defendant had no prior notice of the defective sidewalk is specifically disputed and denied and proof thereof is demanded from defendant at trial. 17. The averments of this paragraph are legal conclusions to which no responsive pleading is required. By way of further answer, the Defendant's contention that the subject sidewalk was not in a dangerous or defective condition, or if it was, that same should have been open and obvious and should have been observed and avoided by Plaintiff are specifically denied, and proof thereof is demanded at trial. 18. The averments of this paragraph are legal conclusions to which no responsive pleading is required. By way of further answer, that Plaintiff may have contributed to or caused her own injuries and that her claims are reduced or barred by the Comparative Negligence Act are all specifically denied. More specifically denied are the Defendant's claims that Plaintiff (a) failed to watch where she was walking, (b) failed to keep a proper lookout, (c) failed to pay attention to her surroundings, (d) failed to use an available alternate route or that there was any alternate route available to her or (3) failed to avoid an open and obvious condition or even that an open and obvious condition even existed. Further, any open and obvious condition alleged by defendant, if any, should have then been readily discovered and corrected by defendant, and was not. Proof by Defendant of all such claims and theories is specifically demanded at trial. 19. The averments of this paragraph are legal conclusions to which no responsive pleading is required. Defendant's contention that Plaintiff was and is not injured or did not sustain damages is specifically denied. By way of further answer, the defendant's attempts to avoid liability and contention that the acts or omissions of unnamed, unspecified and unsubstantiated third parties may have caused Plaintiff's injuries and damages is specious, specifically denied and unsupported by the facts, and proof of same thereof by Defendant is demanded at trial. 20. The averments of this paragraph are legal conclusions to which no responsive pleading is required. Defendant's contention that Plaintiff was not injured or suffered actual damages is specifically denied. By way of further answer, Defendant's claim that Plaintiff was and is not injured and damaged by the actions and conduct of Defendant, but instead that Plaintiff has a preexisting medical condition, in whole or part, or that her injuries and damages, are not causally related to her falling on property owned and operated by the Defendant, are specifically denied and proof thereof is demanded at trial. 2 21. The averments and affirmative defenses asserted in this paragraph by Defendant are inapplicable to the present action and, in any event, constitute legal conclusions to which no responsive pleadings are required. WHEREFORE, Plaintiff, Natividad Perez, respectfully requests that Defendant's New Matter be dismissed and judgment be granted in her favor and against the Defendant. /Y--/8'- OF, Date Respectful) bmitted TURD LAWOFFICES -; 14v c dohn M. Shugars, Esquire Attorney ID No. 44180 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 FAX (717) 245-2165 Attorneys for Plaintiff 3 VERIFICATION 1, John M. Shugars, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in the within Plaintiff's Answers based upon discussions with and answers previously provided to counsel by the Plaintiff who is this date unavailable for medical reasons and undersigned counsel verifies that the statements made in the foregoing answer are true and correct to the best of his knowledge, information and belief based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification personally executed by the Plaintiff will be filed of record as soon as it becomes available. Date e -kvle John M. Shugars, Esquire Attorney ID No. 44180 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 FAX (717) 245-2165 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, John M. Shugars, Esquire hereby certify that I served a true and correct copy of the within Plaintiff's Answers to New Matter of Defendant, by depositing same in the United tates Mail, first class, postage pre-paid on the g day of 2008, from Carlisle, Pennsylvania, addressed as follows: Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Ste. 201 Lemoyne, PA 17043-1145 TURO LAW OF ES n M. Shugars, Esquire Attorney I.D. No 44180 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorneys for Plaintiff 71 ?J r 4i ? w f r NATIVIDAD PEREZ : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, ENNSYLVANIA RHODES DEVELOPMENT GROUP,: CIVIL No. 07-5661 INCORPORATED, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE AND NOW, comes the Plaintiff, Natividad Perez, by and through her attorneys, Turo Law Offices, and answers Defendant's Motion to Compel Discovery and for Sanctions as follows: 1-7.Admitted. 8. Denied. One letter dated January 11, 2008 does not constitute a reasonable effort to resolve excusable delay in discovery. 9. Admitted that the Court may grant sanctions and appropriate relief for unjustified delay in discovery. However, Plaintiffs delay was justified and excusable by medical issues and absences by both her attorneys during discovery as well as Plaintiffs own recent hospitalization. 10. Admitted. NEW MATTER 11. The averments contained in Paragraphs 1 through 10 above are hereby incorporated by reference thereto. 12. Plaintiff is hospitalized for pneumonia. 13. Plaintiff answered Defendant's Interrogatories on April 18, 2008. 14. Plaintiff answered Defendant's Request for Production of Documents on April 26, 2008. 15. Plaintiff will supplement her answers per the Pa. R.C.P. as appropriate. WHEREFORE, Plaintiff, Natividad Perez, respectfully requests that Defendant's Motion to Compel Discovery and for Sanctions be denied based upon her compliance and furnishing justification for the discovery delay. Respectfully Submitted TURO LA1A OFFICES 4 - Zr -0,F Date -Xl- Sohn M. Shugars, Esqu Attorney ID No. 44180 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 FAX (717) 245-2165 Attorneys for Plaintiff 2 VERIFICATION I, John M. Shugars, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in the within Plaintiffs Answers based upon discussions with and answers previously provided to counsel by the Plaintiff who is this date unavailable for medical reasons and undersigned counsel verifies that the statements made in the foregoing answer are true and correct to the best of his knowledge, information and belief based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification personally executed by the Plaintiff will be filed of record as soon as it becomes available. Lf ' G Date )I- - ionn m. 5nugars, tsquire Attorney ID No. 44180 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 FAX (717) 245-2165 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, John M. Shugars, Esquire hereby certify that I served a true and correct copy of the within Plaintiffs Answer to Rule to Show Cause, by depositing same in the United States Mail, first class, postage pre-paid on the Z day of ,-; 2008, from Carlisle, Pennsylvania, addressed as follows: Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Ste. 201 Lemoyne, PA 17043 TURO LAW OFFICES ?6hn M. Shugars, Esquire Attorney I.D. No 44180 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorneys for Plaintiff a.... n , i ?.. ? L',.: ? _. C ?, NATIVIDAD PEREZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant NO. 07-5661 CIVIL TERM ORDER OF COURT AND NOW, this 12`' day of May, 2008, upon consideration of Defendant's Motion To Compel Discovery from Plaintiff, and upon relation of Adam L. Seiferth, Esq., attorney for Defendant, that discovery has been provided by the Plaintiff, the Rule issued on March 26, 2008, is discharged and Defendant's motion to compel discovery is deemed moot. BY THE COURT, John M. Shugars, Esq. Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Adam L. Seiferth, Esq. 1011 Mumma Road Suite 201 Lemoyne, PA 17043 Attorney for Defendant 013' 4- rc ?? .?? ? ? ? ? I V ??? ???????%?d ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, CASE NUMBER: 07-5661 Plaintiff ISSUE NUMBER: V. PLEADING: Rhodes Development Group, Incorporated, PRAECIPE FOR WITHDRAWAL OF Defendant APPEARANCE CODE AND CLASSIFICATION: FILED ON BEHALF OF: RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, CASE NO: 07-5661 Plaintiff V. Rhodes Development Group, Incorporated, Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly withdraw my appearance on behalf of the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, in the above-captioned matter. Respectfully submitted, BY: CIPRIANI & WERNER, P.C. DEI)?NIS J. BONETTI, ESQUIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED RHODES DEVELOPMENT GROUP, INCORPORATED CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its PRAECIPE FOR WITHDRAWAL OF APPEARANCE has been served on all counsel of record, by first class mail, postage pre-pa! according to the Pennsylvania Rules of Civil Procedure, on the ,?2- day of , 20(x, Lorin Andrew Snyder Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. DENS J. BONETTI, ESQUIRE ADAM L. SEIFERTH, ESQUIRE Counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED C- Gam" -- ?, =, 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, CASE NUMBER: 07-5661 Plaintiff ISSUE NUMBER: V. PLEADING: Rhodes Development Group, Incorporated, CERTIFICATE PREREQUISITE TO Defendant SERVICE OF SUBPOENAS CODE AND CLASSIFICATION: FILED ON BEHALF OF: RHODES DEVELOPMENT GROUP, INCORPORATED, Defendant. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, Plaintiff V. Rhodes Development Group, Incorporated, Defendant CASE NO: 07-5661 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, by and through her attorneys, certify that: (1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. CIPRIANI & WERNER Date: Z-- 0`0? BY: ADAM L. SEIFERTH, Attorney I.D. # 89073 1011 Mumma Road Lemoyne, PA 17043 (717) 975-9600 Attorney for Defendant R CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS has been served on all counsel of record, by first class mail postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of z1 1 '2008. Michael R. Smith, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFER Attorney for the De RHODES DEVEL( INCORPORATED ra ? -rj -n rn k NATIVIDAD PEREZ Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RHODES DEVELOPMENT GROUP, INC. NO. 07 - 5661 CIVIL TERM Defendant. : CIVIL ACTION - LAW NOTICE OF DEATH The death of Natividad Perez, a party to the above action, during the pendency of this action is noted upon the record. Respectfully Submitted, TURp LAWAMCES Date: May 18, 2009 L Snyder, Esq. Pitt Street Carli le, PA 17013 717-2 5-968 PA ID . 03199 Attorney for the Deceased Party CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, Attorney for Plaintiffs, do hereby certify that on the Eighteenth day of May, 2009, 1 served the foregoing Notice of Death in the above- captioned matter, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: Adam L. Seiferth, Esq. Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Attomey for Defendant Respectfully Submitted, TURID LAWZITFIC Lorikh? dre der, Esq. 28 S "h Pittl3treet 17013 rney fbrr Deceased Party FILL- DF-F ICE OF THEE P1-' °'; -'s"'NOTARY 2009 A 18 PM 12: 11 P" NATIVIDAD PEREZ Plaintiff, V. RHODES DEVELOPMENT GROUP, INC. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5661 CIVIL TERM CIVIL ACTION - LAW PETITION TO SUBSTITUTE PERSONAL REPRESENTATIVE AS PLAINTIFF 1 2. 3. 4 5 6 7 8, Petitioner is Ramiro Colon, an adult individual whose current mailing address is 4707 Ruth Ann Street, Harrisburg, Pennsylvania 17109. A Complaint was filed in this action on September 28, 2007. The Plaintiff, Natividad Perez, died on April 21, 2008. Petitioner is a son and heir of the Plaintiff and Administrator of her estate. (Exhibit A, Grant of Letters of Administration by Register of Wills of Dauphin County, is attached and incorporated herein as if fully set forth.) A Notice of Death was filed with this Honorable Court on May 18, 2009. Petitioner is entitled as Personal Representative to substitution as Plaintiff, pursuant to Pa.R.C.P. §§ 2352 and 2355. Adam L. Seiferth, counsel for Defendant, was contacted and concurs with this petition. The Honorable J. Wesley Oler, Jr. has been assigned to this matter. WHEREFORE, Petitioner respectfully requests this Honorable Court to substitute him as Plaintiff in the present action. Date: June 2, 2009 Respectfully Submitted, TU , Esq. CarlisleN,R,A 17013 717-245-9688 PA ID No. 203199 Attorney for the Deceased Party CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire, Attorney for Plaintiff, do hereby certify that on the Second day of June, 2009, 1 served the foregoing Petition to Substitute Personal Representative as Plaintiff in the above-captioned matter, by depositing the same in the United States Mail, first class, postage paid, addressed as follows: Adam L. Seiferth, Esq. Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Attomey for Defendant Respectfully Submitted, TUR(YLAW Lorin drew nyder, Esq. 28 S 90th Pi Street C isle, 17013 17) 2 688 for Deceased Party 9 J lU, n JUN 0 3 2009y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5661 CIVIL TERM Defendant. : CIVIL ACTION - LAW ORDER AND NOW, this --=?- day of 2009, it is hereby ORDERED that Ramiro Colon is substituted as Plaintiff in the above-captioned matter. NATIVIDAD PEREZ Plaintiff, V. RHODES DEVELOPMENT GROUP, INC. c.c. ? Lorin Andrew Snyder, Esq. ,/Adam L. Seiferth, Esq. l:0 i'es /rig t LrLCL BY THE COURT, VWA NN3d ll?.L(1Nv'r-?4?id. ELI. ?C3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Natividad Perez, CASE NO: 07-5661 Plaintiff V. Rhodes Development Group, Incorporated, Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Adam L. Seiferth, Esquire, counsel for the Defendant in the above action, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the Plaintiff in the action is $50,000.00 or less. The counterclaim of the Defendant is not applicable. The Following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Lorin Andrew Snyder, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: Date: ;-,ZOCq ADAM L. SEIFERTH, CE?Q IR E Counsel for the Defend RHODES DEVELOPMGROUP, INCORPORATED ORDER OF COURT AND NOW, petition, prayed for. 2009, in consideration of the foregoing , Esq., , Esq., and , Esq., are appointed arbitrators on the above-captioned action as BY THE COURT, P.J. CERTIFICATE OF SERVICE That counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED, hereby certifies that a true and correct copy of its PETITION FOR APPOINTMENT OF ARBITRATORS has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of Tull 92009. 2009. Lorin Andrew Snyder, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: A AM L. SEIFERTH, S I Counsel for the Defendant, RHODES DEVELOPMENT GROUP, INCORPORATED iGrIL OF NRY 2009 JUL -8 Fri 2::31 CIJ?Y` ? .. ? 1"i`y -faq-00 Po ,Arty co a049 mr# aaghy9 I I WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, CIPRIANI & WERNER, P.C. Date: -,Z00q BY: ADAM L. SEIFERTH, E Counsel for the Defendan RHODES DEVELOPME INCORPORATED ORDER OF COURT GROUP, AND NOW, dL 2009, in consideration of the foregoing petition, L„j,?Q?,??,„. ?.,,,o.(1Ba, Esq., t?n?Odri Esq., and Esq., are appointed arbitrators on the above-captioned action as prayed for. BY C T T,7,MC?0, P.J. FILED-- OF THE PRO +=Ir"'N TARY 2004 JUL 22 AM 11: 12 Cl.' `. ??tt . w led Em, L Se r nNd,er , ? ? Joq 0 NATIVIDAD PEREZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RHODES DEVELOPMENT GROUP, INCORPORATED, DEFENDANT 07-5661 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. William C. Costopoulos, Esquire, Chairman, shall be paid the sum of $50.00. By the Cou ." William Costopoulos, Esquire Edgar B Court Administrator :sal y L 0-oi'l O `?,FIE_ED-OFFICE 2009 OCT 30 Pil 3: 42 r P?r?v 7 _ ? ? :?'s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIVIDAD PEREZ, CASE NO: 07-5661 Plaintiff V. RHODES DEVELOPMENT GROUP, INC., Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-caption action as settled, ended, and discontinued with prejudice against Defendant. BY: Date: 1a1.36109 Respectfully Submitted, TURO LAW OFFICES LORIN Atto?y I.D. #203199 28 S uth Pitt Street ESQ. COUNSEL FOR THE PLAINTIFF 2009 DEC 30 `PH 1= :38