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HomeMy WebLinkAbout07-5751David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. : No. al - 5751 Civi ( Term JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 LAWYER REFERRAL SERVICE 32 Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, [as demandas presentadas aqui en contra suya. Se le adviote de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMATION A CERCA DE COMP CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, Date: w KNAUER & ASSOCIATES, L.S.C. avid W. Knauer, Esquire Attorney for the Plaintiffs Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. JUSTIN ROBERT STONER, Defendant No. 7 JURY TRIAL DEMANDED COMPLAINT 1. Tamara Thompson is an adult individual with an address of 1932 Judy Lane, Carlisle, Pennsylvania 17013. 2. The Plaintiff, Joshua Thompson, is an adult individual and spouse of the Plaintiff, Tamara Thompson, who resides with her at the aforesaid address. 3. The Defendant, Justin Robert Stoner, is an adult individual with an address of 104 Meals Drive, Carlisle, Pennsylvania 17013. 4. At all times relevant herein, the Plaintiff, Tamara Thompson, was operating a certain 2006 Volkswagen vehicle owned by the Plaintiff, Tamara Thompson and the Plaintiff, Joshua Thompson. 5. At all times relevant herein, the Defendant, Justin Robert Stoner, was operating a certain 1997 Lincoln vehicle of which he was the owner. 6. On October 30, 2006, the Plaintiff, Tamara Thompson, was operating her vehicle in a southerly direction on Spring Road, Carlisle, Pennsylvania. 7. At the aforesaid time and place, the Defendant, Justin Robert Stoner, was operating his aforesaid vehicle in a southerly direction on Spring Street following the vehicle of the Plaintiffs. 8. The Plaintiff, Tamara Thompson, brought her vehicle to a stop for the stop sign at the intersection of North Hanover Street and Spring Street in the Borough of Carlisle, Pennsylvania. 9. After the Plaintiff brought her vehicle to a stop at the aforesaid intersection in compliance with the stop sign, the Defendant, Justin Robert Stoner, failed to stop his vehicle causing it to run into the rear of the Thompson vehicle. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant, Justin Robert Stoner in that he: a) failed to keep a vigilant outlook; b) failed to see the Plaintiffs' aforesaid vehicle; c) failed to use whatever brakes he had on his vehicle to bring him to a stop without striking the rear of the Thompson vehicle; d) failed to avoid striking the Plaintiffs' vehicle; e) struck the Plaintiffs' vehicle; f) failed to maintain an assured clear distance between his vehicle and the Plaintiffs' vehicle; g.) violated the assured clear distance statutory provisions of 75 Pa. C.S.A. 3361. 10. Solely as a result of the carelessness, recklessness and negligence of the Defendant, Justin Robert Stoner, the Plaintiff suffered severe and sundry injuries to her body that were and are a serious impairment of a bodily part or function. 11. Solely as the result of the carelessness, recklessness and negligence of the Defendant, Justin Robert Stoner, the Plaintiff Tamara Thompson is entitled to recover for past and future damages as provided by the law of the Commonwealth of Pennsylvania, including, but not limited to: a) pain and suffering; b) medical expenses; c) loss of enjoyment of life; d) emotional distress. COUNTI TAMARA THOMPSON VS. JUSTIN ROBERT STONER 12. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 11 of this Complaint as if more fully set forth herein by reference thereto. 13. Solely as the result of the carelessness, recklessness and negligence of the Defendant, Justin Robert Stoner, the Plaintiff, Tamara Thompson is entitled to recover damages in accordance with the law of the Commonwealth of Pennsylvania. WHEREFORE, the Plaintiff, Tamara Thompson, demands judgment in her favor and against the Defendant, Justin Robert Stoner, in an amount in excess in the amount for mandatory referral to arbitration. COUNT 11 LOSS OF CONSORTIUM JOSHUA THOMPSON VS. JUSTIN ROBERT STONER 14. The Plaintiff incorporates herein by reference thereto paragraphs 1-13. 15. Solely as the result of the carelessness, recklessness and negligence of the Defendant, Justin Robert Stoner, the Plaintiff Joshua Thompson has suffered the loss of consortium. WHEREFORE, the Plaintiff, Joshua Thompson, demands judgment in his favor and against the Defendant, Justin Robert Stoner, in an amount in excess in the amount for mandatory referral to arbitration. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Kn uer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 Date: ?? ?? (717) 795-7790 VERIFICATION Subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities, I certify that the facts in the foregoing pleading are true and correct to the best of my information and belief. Date: - a? - 04 Tamra Thompson ' C31 - TM! -P ? ? rv D , D 1 -. -1 _; r F \FILES\Clients\Progressive7837\Current\204\7837 204.pra1 Created: 9/20/04 0:06PM Revised: 11/9/07 3:52PM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. JUSTIN ROBERT STONER, Defendant. NO. 2007-5751 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant in the above matter. Defendant hereby demands a twelve j uror j ury trial in the above captioned action. MART,-6N LA By. Geb7ge B`JFaller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 Attorneys for Defendant r V-ft CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES U? y-N-VL , ? LUC Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 s•a 9 :J7 5 g: t"" ^1p ?^r t SHERIFF'S RETURN - REGULAR CASE NO: 2007-05751 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMPSON TAMARA ET AL VS STONER JUSTIN ROBERT MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STONER JUSTIN ROBERT the DEFENDANT , at 0902:00 HOURS, on the 29th day of October at 22 HIGH STREET BOILING SPRINGS, PA 17007 JUSTIN STONER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 111oi/07 4- 18.00 11.52 .00 10.00 .00 v/ 39.52 Sworn and Subscibed to before me this day of , . 2007 So Answers: 7 R. Thomas Kline 10/30/2007 KNAUER & ASSOCIATES By: Depu y Sheriff A. D. R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor o??t? of. CCur>??ert? ?4v ?,? Ord (d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy To: Post?r? J Agency Control No. Date: -7 Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the box holder's application form Name: L/S??/? d Nr % sj o /L 4c? Last Known Address: /o 54 /We-1 6S I certify the address information for this individual is required fo e p ce of this a so is duties. _(Signature of Agency fici Titl For Post Office Use Only () Mail is delivered to address given. New Address () Not Known at Address Given C-) lid f () Moved, Left No Forwarding Address 460 Z L.Z /VJ p f2 EP-1; J i PQ / 7 CX) j () No Such Address () Other (Specify) Box holders' Street Address Agency Return Address Postmark/Date Stamp Please fax results to the Cumberland County Sheriffs Office. Number (717) 240-6397 Address Information Request (Required format) Exhibit 352.44b F:\FILES\Clients\Progressive7837\Current\204\7837.204.ans I • Created: 9/20/04 0:06PM Revised: 12/6/07 1: 55PM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007-5751 CIVIL ACTION - LAW JUSTIN ROBERT STONER, Defendant. JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: TAMARA THOMPSON AND JOSHUA THOMPSON, Plaintiffs, and their attorney, DAVID W. KNAUER, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Justin Robert Stoner, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiff's Complaint as follows: 1. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 2. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 3. Denied as stated. To the contrary, Justin Robert Stoner is an adult individual that resides at 22 High Street, Boiling Springs, Pennsylvania 17007. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied as stated. To the contrary, after Plaintiff brought her vehicle to stop at the aforesaid intersection, Defendant Justin Robert Stoner also stopped behind her. When the Plaintiff s vehicle began to move, Justin Stoner looked to his left to assure that it was safe for him to move while taking his foot off the brake. At that point, the front of Defendant's vehicle coasted forwarded and touched the rear of Plaintiff's vehicle causing a scratch and perhaps a small dent in her bumper. The remaining averments of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 10.-11. Denied pursuant to Pa. R.C.P. 1029(e). COUNTI TAMARA THOMPSON vs. JUSTIN ROBERT STONER 12. The averments of Paragraphs 1 through 11 of this Answer are hereby incorporated by reference. 13. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Justin Robert Stoner demands judgment in his favor and dismissal of Plaintiffs' Complaint with prejudice. COUNT 11 LOSS OF CONSORTIUM JOSHUA THOMPSON vs. JUSTIN ROBERT STONER 14. The averments of Paragraphs 1 through 13 of this Answer are hereby incorporated by reference. 15. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Justin Robert Stoner demands judgment in his favor and dismissal of Plaintiffs' Complaint with prejudice. NEW MATTER 16. The averments of paragraphs 1 through 15 of this Answer are hereby incorporated by reference. 17. Plaintiffs' claims are barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Plaintiffs' claims are barred or reduced to the extent that the Plaintiffs are bound by the limited tort option and do not meet any of the exceptions. WHEREFORE, Defendant Justin Robert Stoner demands judgment in his favor and dismissal of Plaintiffs' Complaint with prejudice. MARTSON LAW OFFICES By. George B. F4er, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 6, 2007 Attorneys for Defendant w- VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. m Robert Stoner F \FILES\Clients\Progressive7837\Corr ent\204\7837.204.ans1 CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES B L Y Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 6, 2007 ?- ; -,., __ - m? r -?: ? ?. .. .`? . ? ? i. t- ?, a , ,? .: ? ` c,.a ?,. : ;.? David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. JUSTIN ROBERT STONER, Defendant No. : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 16. The Plaintiff incorporates by reference thereto Paragraph Nos. 1 through 15 of the Complaint as if more fully set forth herein by reference thereto. 17-18. Denied as alleged. Paragraphs 17 and 18 inclusive are conclusions of law to which no reply is required pursuant to Pennsylvania Rules of Civil Procedure and strict proof thereof is demanded at the time of trial. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant's New Matter. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. Date: December 17, 2007 III c It I _ I / David W. Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 A .?ft David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. No. JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, Esquire, hereby certify that a true and correct copy of the Plaintiff's Reply to Defendant's New Matter was served on December 17, 2007 to the following individuals: Gary N. Stewart, Esquire Rawle & Henderson, LLP Payne Shoemaker Building Ninth Floor 240 North Third Street Harrisburg, PA 17101 Attorney for Defendant K44UER & ASSOCIATES, L.S.C. David W. Knauer; Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 c) P.s c?a d r C`7 Mr- cry ?. "' F:\FILES\Clients\Progressive7837\Cun ent\204\7837.204.tnot. corripel.wpd Created: 9/20/04 0:06PM Revised: 3127/08 3:35PM George B. Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Justin Robert Stoner TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. JUSTIN ROBERT STONER, Defendant. NO. 2007-5751 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT JUSTIN ROBERT STONER'S MOTION TO COMPEL PLAINTIFFS' RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFENDANT'S FIRST SET OF INTERROGATORIES AND NOW, comes Defendant, Justin Robert Stoner, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves this Honorable Court to Compel Plaintiffs' Response to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories, as follows: 1. This case arises from a motor vehicle accident that occurred on October 30, 2006, at the intersection of North Hanover Street and Spring Road in the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Defendant Stoner served Plaintiffs' counsel with Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories on November 9, 2007. A copy of Defendant's First Request for Production of Documents is attached hereto as Exhibit "A." A copy of Defendant's First Set of Interrogatories is attached hereto as Exhibit "B." 3. Counsel for Defendant sent written correspondence to Plaintiffs' counsel on January 29, 2008, to remind Plaintiffs' counsel that Plaintiffs' response to Defendant's discovery requests was still outstanding. A copy of said correspondence is attached hereto as Exhibit "C." 4. As of the date of this Motion, counsel for Defendant has still not received Plaintiffs' response to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories. 5. Plaintiffs' response to Defendant's discovery requests is sought pursuant to Pa.R.Civ.P. 4006 and 4009.12. 6. Defendant certifies that the parties, after reasonable effort, are unable to resolve the dispute. 7. In accordance with Cumberland County Local Rule 208.3(a), Defendant certifies that no Judge has ruled upon any other issue in this matter. WHEREFORE, Defendant requests that this Honorable Court Order Plaintiffs' to respond to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories within twenty (20) days of the date of the attached Order. MARTSON LAW OFFICES By: C e George B. ler, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: March 28, 2008 Attorneys for Defendant Justin Robert Stoner % -CLED PAPER C ABl , .;.I SC. ,r Is Pnc.:-, ,71'i C,. r.: _i1 '.'St- ),fl..., '1 I c. P\I George B. Faller, Jr., Esquire I.D. No. 49813 .iARTSON DEARDORFF WILLIA.iS OTTO GILROY & FALLER .?L\RTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. JUSTIN ROBERT STONER, Defendant. NO. 2007-5751 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS TO: TAMARA THOMPSON AND JOSHUA THOMPSON, Plaintiffs, and their attorney, DAVID W. KNAUER, ESQUIRE AND NOW, this 91'' day of November, 2007, pursuant to Pa. R.C.P. 4009, as amended, come the Defendant, by his attorneys, MARTSON LAW OFFICES, Ten East High Street, Carlisle, Pennsylvania, and requests Plaintiffs to produce for inspection, examination and copying, at the above office, not later than thirty (30) days after service of this Request, the following documents: 1. All photographs in the possession, custody or control of Plaintiffs, counsel for Plaintiffs, or any other person or entity acting on behalf of Plaintiffs, including any insurers for Plaintiffs, showing, representing or purporting to show any vehicles, locales, instrumentalities, persons, property, and any and all other matters related to the subject matters of this litigation. 2. All diagrams, sketches, drawings, plans, measurements or blueprints in the possession, custody or control of Plaintiffs, counsel for Plaintiffs, or any other person or entity acting on behalf of Plaintiffs, including any insurer of Plaintiffs, showing representing or purporting to show any of the instrumentalities, locales, persons or other matters involved in the incident which forms the basis of Plaintiffs' Complaint. O 3. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement or recorded statements if not transcribed verbatim taken of any parties, persons or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of, Plaintiffs, Plaintiffs' attorney, insurers or anyone else action on behalf of Plaintiffs. 4. All expert opinions, expert reports, expert summaries or other writings of experts in possession, custody or control of Plaintiffs, Plaintiffs' attorneys or insurers, which relate to the subject matter of this litigation and the incident in question. Exhibit "A" 5. All documents prepared by Plaintiffs, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiffs, except Plaintiffs' attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared tip through the present time, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed are now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiffs, Plaintiffs' former or present counsel, agents, employees, officers, insurers or any other person acting on Plaintiffs' behalf.) 6. If not otherwise covered by the above Requests, the complete claims/investigation/subrogation/no-fault file(s) of Plaintiffs or any insurers thereof, dealing with the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 7. All documents in the possession, custody or control of Plaintiffs, Plaintiffs' counsel, insurers, or anyone else acting on Plaintiffs' behalf, dealing in any way with all injuries, damages and losses sustained by the Plaintiffs. This should indicate, but not be limited to, bills, invoices, estimates, appraisals, inventories, reports and all other documents relating to the damages alleged in Plaintiffs' Complaint. 8. A copy of the declarations page of any insurance policy where you would be an insured party or other document indicating the tort option (full or limited) which would be applicable. 9. If any document or class of documents is being withheld on the basis of any privilege, identify the document or class of documents, the date or dates of the documents, its author or originator, as well as the privilege which is being asserted. MARTSON LAS' OFFICES By George B. Faller, Jr., Esquire I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy ofthe foregoing Defendant's First Set ofRequests for Production of Documents directed to Plaintiffs was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES By j Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 C RE-LED PA- ECYCLTBEE I i1LLS'C-AJ-:il George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. JUSTIN ROBERT STONER, Defendant. NO. 2007-5751 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS TO: TAMARA THOMPSON AND JOSHUA THOMPSON, Plaintiffs, and their attorney, DAVID W. KNAUER, ESQUIRE Enclosed are Interrogatories propounded by Defendant to be answered under oath by the aforesaid Plaintiffs pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Defendant at the address below. These Interrogatories shall be deemed to be continuing Interrogatories and if, between the time of your Answers to said Interrogatories and the time of trial of this case, you or anyone acting in your behalf learn of any further information not contained in your said Answers, you shall promptly furnish said information to the undersigned by supplemental answers. As used herein, the words "accident" or "occurrence" refer to the event or events described © in your Complaint and all related events and circumstances. The word "you" or "your" includes your attorneys, representatives, insurers, and all others purporting to act on your behalf. Unless otherwise specified, response to the following Interrogatories shall give the requested information for the period from October 30, 2006, to the present (hereinafter sometimes referred to as the "time period"). Exhibit "B" It is hereby certified that a true and correct copy of these Interrogatories N\ as mailed to counsel for the Plaintiffs on this date by the undersigned. NIARTSON LAW OFFICES By Ge'orgq B. Faller, Jr., Esq re I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 Attorneys for Defendant interrogatory No. I For each health care practitioner Plaintiff has seen since the date of the accident (,whether in connection with the injuries suffered in the accident or not), provide the identity of same, the purpose of seeing practitioner, the number and inclusive dates of each visit, a description of all medication recommended or prescribed, a description of any treatment received or recommended, a listing of any charges incurred and the identity of the person or entity paying same if not Plaintiffs. ANSWER: Interrogatory No. Identify any health care practitioner that you have seen for ten (10) years prior to the incident in question, including but not limited to, your family physician and give the name and address of each. ANSWER: Interrogatory No. 3 State xvhether, as a result of the said occurrence, you required any medical or vocational rehabilitation services; that is, services necessary to reduce disability and to restore the physical, psychological, social and vocational functions, including but not limited to: medical care, diagnostic and evaluation procedures, physical and occupational therapy, other necessary therapies, speech pathology and audiology, optometric services, nursing care under the supervision of a registered nurse, medical social services, vocational rehabilitation and training services, occupational licenses and tools, and transportation necessary to secure such services. If so, state fully: The names and addresses of all medical, rehabilitation facilities, hospitals and<'or clinics at which you were examined or attended; the names and addresses of all individuals and physicians who attended or examined you; the date of each treatment; and a description of the treatment received. ANSWER: Interrogatory No. 4 State fully all the injuries }'ou claim to have suffered in or as a result of the said occurrence. ANSWER: Interrogatory No. J As to the injuries claimed in Interrogatory No. 4, hay e you ever experienced or been treated for the same or similar condition'? ANSWER: Interro(yatorv No. 6 State fully all elements of economic loss, and the dollar value thereof, that you claim to have suffered in or as a result of the said occurrence. As part of your answer, state specifically, any claims for loss of income, past, present and future, explain how that was computed, and provide the inclusive dates of all time lost from work, whether frill time or part time. ANSWER: Interrogatory No. i If you still suffer pain from any of your injuries and conditions resulting from the incident, state specifically the frequency and nature of the pain and the injuries or conditions from which it emanates. ANSWER: Interrogatorv o.8 What future reasonable and necessary professional medical treatment and.'or care do you claim you will require as a result of the said occurrence'? ANSWER: Interrogatory No. 9 Was any investigation made of the accident or accident scene by you or by anyone acting on your behalf after the accident? If so, then for each such investigation, kindly state further: (a) The date and time it was made; (b) The name, address and employment of the person who made it; (c) The date and present custodian of any report concerning the inspection or inN,estigation; (d) The identity of all persons interviewed as part of the inspection or investigation; and (e) A description of any exhibits, including, but not limited to, photographs or drawings prepared in connection with the investigation or inspection. ANSWER: Interrogatory No. 10 Please identify each of your employers, state the inclusive dates of employment and your gross and net earnings on a weekly or monthly basis for the period beginning five years before the accident to and including the present. With respect to each such employment, please describe your job duties and responsibilities. ANSWER: Interrogatory No. 1 I If you have filed a Federal, State or Local Income Tax return for any of the five calendar years preceding the accident or any year since, please state whether copies were kept or subsequently obtained, and, if so, identify every person who has, or at any time had, a copy of same. Alternatively to an answer, you may attach complete copies of each return as filed, to include, without limitation, all schedules, W-2, 1099's and other attachments. ANSWER: Interrogatory No. 12 State whether you have been unable to perform satisfactorily all duties required of you in your employment and all activities of daily living since the date of the said occurrence, indicating with particularity those duties and activities you were unable to perform and the names and addresses of all persons having knowledge of such, including your supervisors, fellow employees, family, friends and the like. State further the identity of any physician who has advised you concerning the limitations or duration of any such disability. ANSWER: Interrogatory No. 13 Please state the name and address of any insurer, auto or otherwise, which you believe provides coverage, whether first party, third party, primary, secondary, contingent worker's compensation or other, for any injury or loss arising out of the said accident, and state further the owner of the policy, the type of policy, a description of any claim made, the nature of the coverage, the limits of each coverage applicable, the nature and amounts of any benefits paid by any such insurer and a description of any claim that was denied in whole or in part, as well as the name, address, policy number and claim number for any claim arising out of the events described in the policy number(s) and claim number(s) for any claim arising out of the events described in the complaint. ANSWER: Interrogatory No. 14 Identifv airy medical expenses which you have incurred Nvhich have not been covered by a collateral source (i.e. first party medical coverage, worker's compensation, Blue Cross, Blue Shield, etc.). ANSWER: Interrogatory No. 1 Please identify each person you expect to call as an expert witness at trial and state the subject matter on which each person is expected to testify. ANSWER: Interrogatory No. 16 As to each person identified in your answer to the preceding interrogatory, please state the substance of the facts and opinions to which he is expected to testify and the grounds for each opinion.* Signature of Expert *A report, personally signed by your expert, may be furnished in lieu of your answer to this interrogatory. If you elect to furnish reports in lieu of an answer, then please indicate in the space above the date of each such report and the persons by whom they were prepared. Interrogatory No. 17 Identify every person knoNvn to you who claims to have seen or heard any of the parties make any statement or statements pertaining to any of the events or happenings alleged in the pleadings. ANSWER: Interrogatory No. IS Identify every person known to you, N% ho you believe may have knowledge concerning: (a) The happening of the accident; (b) Any fact or circumstance pertaining to the accident; or (c) The conditions at the scene at, or immediately before or after, the time of the accident. ANSWER: Interrogatory No. 19 Have you, your attorney, or any representative of you or your company entered into or been a party to any releases, stipulations, understandings or agreements regarding your liability for the claims which have been made in this case? ANSWER: Interrogatorv No. 20 Have you ever been an occupant of an automobile that was involved in a collision, other than the collision described in your Complaint? If so, please state: (a) the date and location of each collision; (b) the identity of all other occupants of all vehicles involved in the collision; (c) whether you were injured in the collision, and, if so, the nature and extent of your inj cries; (d) whether a claim was made by you as a result of the collision, and, if so, the identity of the insurer and claims adjuster and location of the claims office of all insurers against whom any claim was made by you, whether as a first party or third party; (e) whether you were a party in any court action or arbitration arising out of the collision, and, if so, please state below the full caption, identity of all attorneys, and the present status of said court action or arbitration. ANSWER: Interrogatory No. 21 Have you ever been convicted or pled guilty to a crime? If so, list the Court, the offense and the date of the conviction or guilty plea. ANSWER: Interrogatory No. 22 Have you ever, either prior to or after the accident, made a claim for a personal injury or worker's compensation? If so, describe the circumstances surrounding the claim including the name of the party against whom the claim was made and their insurance company. ANSWER: Interrogatory No. 23 State your frill name, any aliases, prior names, nicknames and your social security numbers and date of birth. :ANSWER: CO:kI?IONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Tamara Thompson and Joshua Thompson being duly sworn according to law, depose and say that the facts set forth in the foregoing Answers to Interrogatories are true and correct. Tamara Thompson Sworn to and subscribed before me this day of , 2007 Joshua Thompson Notary Public CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Manson Law Offices, hereby certify that a copy of the foregoing Defendant's First Set of Interrogatories Directed to Plaintiffs were served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES By Melissa A. Scholly Ten East High Street J Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 A RECYCLED PAPER %A NE CUBI[ Y t ?MARTSON LAW OFFICES I\'fl it\I I' c.??w.tT.lrry?T?.l`d'.i??ln January 29, 2008 David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 Wi1.t i.131 F. \L\R 'So\ i i\ B. F. ,\\ I . 1 R I I I D.t`u 1. K. Dl:.\&rwiti I Iv_I I V III Ili 131 RI' V G! 1.111 ll' CiLl/Rlil. li. 1?11.LF R ?R.` RE: Tamara Thompson and Joshua Thompson, husband and wife v No. 2007-5751 - Cumberland County C.C.P. Our File No. 7837.204 Dear Mr. Knauer: D \? to .1. [Tt?(:auu \ C,iRISl-011-P I' E. RH'f( ?1.\\il t R L.. $PF_1R-s St -111 T. \II`;l f.i, fRtrn L. Fi iki,i c1 R V Crvll 511Al SI'H t.U11, 0 t,- 103 Justin Robert Stoner 1?? Please allow my letter to serve as confirmation of our conversation on Wednesday, January 23, 2008, wherein we discuss Plaintiffs' outstanding responses to Defendant's Interrogatories and Request for Production of Documents. Defendant's Interrogatories and Request for Production of Documents were served upon you on November 9, 2008. On November 19, 2008, we agreed to grant you a thirty day extension in which to provide us with responses. Obviously, Plaintiffs' discovery responses are well overdue. Please provide us with your responses within twenty days of the date of this letter so that we can avoid having to file a Motion to Compel. In the meantime, as we discussed during our conversation, we prepared the enclosed medical authorizations for Plaintiff Tamara Thompson to sign so that we can obtain her medical records from Dr. Phelan, Dr. Kosenske, and Orthopaedic & Spine Physical Therapy. Please have Ms. Thompson sign the Authorization forms and indicate her date of birth and Social Security Number on each and return them to our office in the envelope provided within the next ten days. We will provide you with a copy of whatever records we receive. Very truly yours, MARTSON LAW OFFICES Trudy,E-'Feh linger TEF,'nlm cc: Ms. 7onya Fisher (060187551) Exhibit "C" I \ Y.oR Ni ti f [o N ?DV ICE :?DV0CAC;Y 'I • CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant Justin Robert Stoner's Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES B C Y Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 28, 2008 CO TAMARA THOMPSON and JOSHUA THOMPSON, husband and wife, Plaintiffs VS. JUSTIN ROBERT STONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5751 CIVIL JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL OF DEFENDANT ORDER AND NOW, this day of April, 2008, a rule is issued on the plaintiffs to show cause why the relief requested in the within motion to compel ought not to be granted. Said rule returnable twenty (20) days after service. BY THE COURT, ' Std i -. PC 9 S :2 r?J 1- LdV SON Y CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINA1 PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TAMARA THOMPSON AND JOSHUA THOMPSON TERM, HUSBAND AND WIFE CUMBERLAND -VS- CASE NO: 2007-5751 JUSTIN ROBERT STONER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., E certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/14/2008 `SIS on behalfAf GEOR E B. ALR, JR., ESQ. Attorney for DEFENDANT R1.61 118-H DE11-0750990 74038-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TAMARA THOMPSON AND JOSHUA THOMPSON HUSBAND AND WIFE -VS- JUSTIN ROBERT STONER COURT OF COMMON PLEAS TERM, CASE NO: 2007-5751 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WILLIAM J. PHELAN, M.D. MEDICAL RECORDS CUMBERLAND VALLEY PAIN MNGMNT MEDICAL RECORDS ORTHOPEDIC & SPINE P.T. MEDICAL RECORDS TO: DAVID KNAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/24/2008 CC: GEORGE B. FALLER, JR., ESQ. - 7837.204 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.50S 133-H DE02-0391684 74038-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMARA THOMPSON AND JOSHUA THOMPSON vs. JUSTIN ROBERT STONER File No. 2007-5751 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for WILLIAM J. PHELAN, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc 1601 Market Street, Suite 800. Philadelphia. PA 19103 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: GEORGE B. FALLER, JR.. ESQ. ADDRESS: 10 E. HIGH STREET THE LENDELL BUILDING CARLISLE PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: OD Seal of the Court BY THE OURT: IS-/ jj r honotary/Clerk, Civil Divisio Deputy 74038-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: WILLIAM J. PHELAN, M.D. TWO TYLER COURT CARLISLE, PA 17013 RE: 74038 TAMARA THOMPSON Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : TAMARA THOMPSON 1932 JODY LANE, CARLISLE, PA 1703.3 Social Security #: XXX-XX-4190 Date of Birth: 05-24-1974 R1.50S 133-H SU10-0731164 74038-LO1 IN THE MATTER OF: CERTIFICATE NAL ORIG PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TAMARA THOMPSON AND JOSHUA THOMPSON TERM, HUSBAND AND WIFE CUMBERLAND JUSTIN ROBERT STONER -VS- CASE NO: 2007-5751 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/14/2008 OGE.. on beha of G ALL ®R, JR., • SQ. Attorn for DEFENDANT R1.61 118-H DS11-0750991 74038-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TAMARA THOMPSON AND JOSHUA THOMPSON HUSBAND AND WIFE -VS- JUSTIN ROBERT STONER COURT OF COMMON PLEAS TERM, CASE NO: 2007-5751 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WILLIAM J. PHELAN, M.D. MEDICAL RECORDS CUMBERLAND VALLEY PAIN MNGMNT MEDICAL RECORDS ORTHOPEDIC & SPINE P.T. MEDICAL RECORDS TO: DAVID KNAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/24/2008 CC: GEORGE B. FALLER, JR., ESQ. - 7837.204 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.50S 133-H DE02-0391684 74038-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMARA THOMPSON AND JOSHUA THOMPSON vs. File No. _ 2007-5751 JUSTIN ROBERT STONER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND VALLEY PAIN MNGMNT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: GEORGE B. FALLER, JR., ESO. ADDRESS: 10 E. HIGH STREET THE LENDEL.L. BUILDING CARLISLE, PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE URT: ro honotary/Clerk, Civil Division Deputy 74038-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND VALLEY PAIN MNGMNT 5 TYLER COURT CARLISLE, PA 17015 RE: 74038 TAMARA THOMPSON Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : TAMARA THOMPSON 1932 JODY LANE, CARLISLE, PA 17013 Social Security #: XXX-XX-4190 Date of Birth: 05-24-1974 R1.50S 133-H SU10-0731166 74038-LO2 CERTIFICATE ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS TAMARA THOMPSON AND JOSHUA THOMPSON TERM, HUSBAND AND WIFE CUMBERLAND -VS- CASE NO: 2007-5751 JUSTIN ROBERT STONER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/14/2008 N? on beha? 0?11? G RGE B FALLER, JR., Q. Attorney for DEFENDANT R1.61 118-H DE11-0750992 74038-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TAMARA THOMPSON AND JOSHUA THOMPSON HUSBAND AND WIFE -VS- JUSTIN ROBERT STONER COURT OF COMMON PLEAS TERM, CASE NO: 2007-5751 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 WILLIAM J. PHELAN, M.D. MEDICAL RECORDS CUMBERLAND VALLEY PAIN MNGMNT MEDICAL RECORDS ORTHOPEDIC & SPINE P.T. MEDICAL RECORDS TO: DAVID KNAUER, ESQ., PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/24/2008 CC: GEORGE B. FALLER, JR., ESQ. - 7837.204 Any questions regarding this matter, contact MCS on behalf of GEORGE B. FALLER, JR., Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.50S 133-H DE02-0391684 74038-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMARA THOMPSON AND JOSHUA THOMPSON vs. File No. 2007-5751 JUSTIN ROBERT STONER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC & SPINE P.T. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.. 1601 Market Street, Suite 800. Philadelphia PA 19103 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: GEORGE B. FALLER. JR., ESQ. ADDRESS: 10 E. HIGH STREET T NDE BUILDING CARLISLE. PA 17013 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE OURT: ro honotary/Clerk, Civil DivisigrrT Deputy 74038-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC & SPINE P.T. 850 WALNUT BOTTOM ROAD SUITE 306 CARLISLE, PA 17013 RE: 74038 TAMARA THOMPSON Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : TAMARA THOMPSON 1932 JODY LANE, CARLISLE, PA 17013 Social Security #: XXX-XX-4190 Date of Birth: 05-24-1974 R1.50S 133-H SU10-0731168 74038-LO3 .. DEFENDANT JUSTIN ROBERT STONER'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Defendant, Justin Robert Stoner, by and through his attorneys F:\FILES\Ctients\Progressive7837\Current\204\7837.204.mot. rule. absolute. wpd Created: 9/20104 0:06PM Revisod: 7/ l 1 /08 10:48AM George B. Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Justin Robert Stoner TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007-5751 CIVIL ACTION - LAW JUSTIN ROBERT STONER, Defendant. JURY TRIAL DEMANDED MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves this Honorable Court to Make the Rule issued upon Plaintiffs on April 1, 2008 Absolute, as follows: 1. This case arises from a motor vehicle accident that occurred on October 30, 2006, at the intersection of North Hanover Street and Spring Road in the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Defendant Stoner served Plaintiffs' counsel with Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories on November 9, 2007. 3. Counsel for Defendant sent written correspondence to Plaintiffs' counsel on January 29, 2008, to remind Plaintiffs' counsel that Plaintiffs' response to Defendant's discovery requests was still outstanding. 4. On May 19, 2008, counsel for Defendant spoke to counsel for Plaintiff wherein counsel for Plaintiff advised that Plaintiffs' responses to Defendant's discovery requests would be forwarded without a signed Verification, which would be provided as soon as it could be obtained. 5. Plaintiffs' failed to respond to Defendant's discovery requests as promised, and, as a result, Defendant filed a Motion to Compel Plaintiffs' Responses to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories on March 28, 2008. 6. On April 1, 2008, the Honorable Kevin A. Hess issued a Rule upon Plaintiffs to show cause why the relief requested in Defendant's Motion to Compel ought not to be granted. Said Rule was made returnable within twenty (20) days after service. 7. As of the date of this Motion, Defendant has still not received Plaintiffs' response to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories. 8. Plaintiffs' response to Defendant's discovery requests is sought pursuant to Pa.R.Civ.P. 4006 and 4009.12. 9. Defendant certifies that the parties, after reasonable effort, are unable to resolve the dispute. 10. In accordance with Cumberland County Local Rule 208.3(a), Defendant certifies that the Honorable Kevin A. Hess is the only Judge who has ruled upon any issue in this matter. WHEREFORE, Defendant requests that this Honorable Court Order Plaintiffs' to respond to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories within twenty (20) days of the date of the attached Order. MARTSON LAW OFFICES By: George B. ler, Jr., squire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 11, 2008 Attorneys for Defendant Justin Robert Stoner CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant Justin Robert Stoner's Motion to Make Rule Absolute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES Y Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 11, 2008 ? ? ?' } ? ? gym' ,. ?~ . ?? ? n".` Z nl ?.+•? "' w A JUl 142005 George B. Faller, Jr., Esquire K I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attornevs for Defendant Justin Robert Stoner TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. JUSTIN ROBERT STONER, Defendant NO. 2007-5751 CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this IV day of .Tu 2008, upon consideration of Defendant Justin Robert Stoner's Motion to make the Rule issued by this Court on April 1, 2008 Absolute, and any response thereto, Defendant's Motion is hereby GRANTED, and Plaintiffs' are ORDERED to sk" t,k *1 respond to Defendant's discovery requests within twenty (20) days of the date o ^this Order. BY THE COURT, ?f . Zj Kevin Hess, J. q Q- ltd , ftf AINO: S Son David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND : IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. No. 2007-5751 CIVIL ACTION - LAW JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED PLAINTIFFS REPLIES TO THE DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. The Plaintiffs will provide copies of any photographs they have that are responsive to this request for production of documents. 2. See police report. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. See attached. 3. See police report. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. 4. The Plaintiffs have not yet decided whom they will call at time of trial to provide expert testimony and the Plaintiffs reserve the right to supplement this reply. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 5. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. Except for the foregoing, the Plaintiffs had no other matter responsive to this request for production of documents. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 6. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 7. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. . As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 8. The Plaintiffs have the Limited Tort option. 9. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. nauer, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: July 14, 2008 David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND JOSHUA THOMPSON, husband and wife, PENNSYLVANIA Plaintiffs vs. JUSTIN ROBERT STONER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 2007-5751 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 14th day of July 2008, serve a true and correct copy of the Plaintiffs' Replies to Defendants First Set of Requests for Production of Documents on all counsel of record by United States mail, first class, prepaid addressed as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorney for Defendant David W'Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 72 c -? €17 Cl CD .N " t David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND : IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. No. 2007-5751 CIVIL ACTION - LAW JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES See attached. 2. The Plaintiffs object to the Defendant's request for medical records for the ten year period as being over burdensome and not likely to lead to any discoverable information related to this action. Nevertheless, the Plaintiffs have provided copies of records in their possession to the Defendant's counsel under a cover letter. The Plaintiffs have not attached copies of their records because of the risk of identity theft should the records be attached. In October of 2006, prior to the accident herein, Plaintiff, TAMRA THOMPSON, suffered a sprained ankle but she does not remember the name of the physician who treated her. 3. No. 4. The Plaintiff has suffered injuries to her neck as well as recurrent headaches and pain in the structures of the temporomandibular joint/s. 5. No. 6. The physically injured Plaintiff held a part-time job with Citizens bank. She has missed some time with that employment. 7. Plaintiff, TAMRA THOMPSON, has intermittent neck pain at least three to four times per week. She also suffers with focal point headaches in the back of her head. She also has pain in the structures of the temporomandibular joint with headaches at least two times per week. Additionally, she has suffered from depression that is a result of the continuing pain the accident caused. 8. Given the length of time post accident and the continuing pain, the physically injured Plaintiff assumes that she will continue to have neck pain and pain in the structures of the temporomandibular joint. She also has been suffering from depression as the result of the continuing pain. 9. The Plaintiffs object to this interrogatory on the basis of the attorney/client privilege and the attorney work product rule. Other than the aforesaid objection, the only other investigation was the police department's. 10. - 11. The Plaintiffs are not making any claim for lost income and they object to this answer on the basis that there is no claim for lost income and therefore the income interrogatory is not relevant. 12. Plaintiff, TAMRA THOMPSON, has been affected in all aspects of daily living activities. 13. Because of the risk of identity theft, the Plaintiffs have provided the information requested in this interrogatory to defense counsel under cover letter. Progressive Policy No. 47745553-7 United Health Care Blue Cross/Blue Shield 14. The Plaintiffs have made co-pays under their health and accident policy and they will provide that information by supplemental answers. 15. -16 As of the date of these answers, the Plaintiffs have not yet determined whom they anticipate calling as their witness as the time of trial and reserve the right to supplement this answer. 17. The physically injured Plaintiff and the investigating police officer. 18. The physically injured Plaintiff, the Defendant and the investigating police officer as to the facts of the accident. As to the injuries the physically injured Plaintiff has suffered, her family members and health care providers who have treated her for accident caused injuries. Her family members include but are Andrew Foose, Susan Disbrow, Douglas Disbrow, Jeffrey Thompson and Sarah Thompson. 19. Progressive Insurance Company as to the Plaintiffs' property damage claim. 20. (a) Passenger in automobile in 1991 when car ran off the road but she suffered no injuries from this accident. (b) 1994 car accident when her automobile hydroplaned during rain and there were no injuries (c) In the 1994 car accident, the Plaintiff's mother and daughter Brittanie were in the vehicle; (d) In the 1994 accident, the insurer was probably Allstate and the Plaintiffs are attempting to confirm eh aforesaid information. (e) October 2002 in Cleveland, Ohio the physically injured Plaintiff was in the other Plaintiff's vehicle when they were involved in a small accident and she suffered no injuries in the accident. The property damage was repaired. 21. No. 22. While employed by Just Cabinets located Hampden Township, the physically injured Plaintiff suffered a shoulder injury and she did file a worker's compensation claim. 23. In order to decrease the risk of identity theft from the public records of this case, the Plaintiff refuses to provide answers to this interrogatory but has provided the answers to defense counsel by other means. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knauer, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) Date: July 14, 2008 795-7790 Re: TAMRA THOMPSON - Ans. to Interrogatory #1 Dr. Phelan - October 31, 2006 - Initial Visit - Treated for whiplash and prescribed Skelaxin for muscle spasms. Dr. Phelan - November 8, 2006 - Follow up - Continue Skelaxin and prescribed Valium. Dr. Phelan - December 6, 2006 - Follow up and referred to try Physical Therapy, three times a week and to go to see a pain management Doctor. Physical Therapy - three times a week Dr. Kosenske - December 18, 2006 - Initial Visit - Continued treatment for whiplash (cervical sprain) prescribed Baclofen and told to discontinue Physical Therapy immediately, he said this type of injury doesn't respond well to PT right away and can in fact make it worse. Dr. Phelan - December 20, 2006 - He agreed on stopping PT until further treatment Dr. Kosenske - January 29, 2007 - Follow Up - Medications unsuccessful - Treatment now will be injections in the neck to try and subdue the pain. The injections will be done at an off-site facility in which treatment will involve an x-ray procedure to guide needles to proper location in the neck. Dr. William Phelan Family Doctor 1 Tyler Court Carlisle, PA 17013 (717) 245-9101 Dr. Ted Kosenske Cumberland Valley Pain Clinic 5 Tyler Court Suite B Carlisle, PA 17015 (717) 249-9222 Orthopedic and Spine Physical Therapy 850 Walnut Bottom Road Suite 306 Carlisle, PA 17013 (717) 241-2211 Knauer & Associates, LSC Attorneys-at-Law 411 A. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 July 14, 2008 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 David W. Knauer Email: knauer@earlv.com Re: Tamra Thompson and Joshua Thompson vs. Justin Robert Stoner Cumberland Co. CCP No. 2007-5751 Dear George: I am providing the information below in this letter in response to your interrogatory 23 and objecting to same on the answers filed. I am concerned over media reports that identity thieves have been visiting courthouses to view civil files to obtain background information to enable them to steal litigant's identities. With respect to the information contained in this letter, you may use it for any purpose that you could use the formal answers. This information conforms with a swearing or affirming verification. 23. Full name: Tamra Sue Thompson Other names used: Tamra Sue Reynolds {married) Tamra Sue Disbrow (adopted) Tamra Sue Schonga Tamra Sue Horton Nickname: "Tammy" Social Security No. 248-33-4190 Date of Birth: May 24, 1974 George B. Faller, Jr., Esquire July 14, 2008 Page 2 of 2 Thank you for your cooperation in this matter. Very truly yours, s DWWjIb David W. Knauer cc: Tamra & Joshua Thompson David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND : IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : No. 2007-5751 CIVIL ACTION - LAW JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 14th day of July 2008, serve a true and correct copy of the Plaintiffs' Replies to Defendants First Set of Requests for Production of Documents on all counsel of record by United States mail, first class, prepaid addressed as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorney for Defendant David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 _T7 -- 'T7 r1 i ^r F:\FILES\Cli=U\Pmgressive7837\Cwreot\204\7837.204.mot.sanctions.wpd Created: 9120/04 0:06PM Revised: 1/27/09 9:42AM George B. Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Justin Robert Stoner TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007-5751 CIVIL ACTION - LAW JUSTIN ROBERT STONER, Defendant JURY TRIAL DEMANDED DEFENDANT JUSTIN ROBERT STONER'S MOTION FOR SANCTIONS AND NOW, comes Defendant, Justin Robert Stoner, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves this Honorable Court to impose sanctions upon Plaintiffs for their failure to provide full and complete responses to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories, as follows: 1. This case arises from a motor vehicle accident that occurred on October 30, 2006, at the intersection of North Hanover Street and Spring Road in the Borough of Carlisle, Cumberland County, Pennsylvania. 2. Defendant Stoner served Plaintiffs' counsel with Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories on November 9, 2007. A copy of Defendant's First Request for Production of Documents is attached hereto as Exhibit "A." A copy of Defendant's First Set of Interrogatories is attached hereto as Exhibit "B." 3. On March 28, 2008. Defendant Stoner filed a Motion to Compel Plaintiffs' Response to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories pursuant to Pa.R.Civ.P. 4006 and 4009.12. 4. On April 1, 2008, the Honorable Kevin A. Hess issued a Rule upon the Plaintiffs to Show Cause why the relief requested in Defendant's Motion to Compel should not be granted, rule returnable within twenty (20) days after service of the Order. 5. Hearing no response from the Plaintiffs, Defendant Stoner filed a Motion to Make Rule Absolute on July 11, 2008. 6. Defendant Stoner's Motion to Make Rule Absolute was granted by the Honorable Kevin A. Hess on July 15, 2008, wherein the Court ordered Plaintiffs' to respond to Defendant's discovery requests within twenty (20) days after service of the Order. 7. Plaintiffs' provided incomplete responses to Defendant Stoner's discovery requests on July 14, 2008. A copy of Plaintiffs' responses to Defendant's First Request for Production of Documents is attached hereto as Exhibit "C." A copy of Plaintiffs' responses to Defendant's First Set of Interrogatories is attached hereto as Exhibit "D." 8. The undersigned counsel has made numerous attempts to amicably resolve what Defendant believes to be Plaintiffs' insufficient responses to Defendant's discovery requests, but Defendant's efforts have gone unanswered. Copies of correspondence from the undersigned counsel to counsel for Plaintiffs is attached hereto as Exhibit "E." 9. To date, Plaintiffs have failed to provide Defendant with full and complete responses to Defendant's discovery requests, and as such, Plaintiffs have violated this Court's Order of July 15, 2008. 10. The discovery sought by Defendant is essential in formulating a defense to this action, and Defendant will be further prejudiced by reason of Plaintiffs' continued failure to provide proper and timely discovery in this regard. 11. Defendant has been forced to file this Motion for Sanctions as a result of Plaintiffs' failure. 12. Defendant certifies that the parties, after reasonable effort, are unable to resolve the dispute. 13. Pursuant to Pa. R.C.P. 4019(a)(1)(i),(vii),(viii), and Pa.R.C.P. 4019(c)(3),(5), the Court may impose sanctions for Plaintiffs' failure to provide full and complete responses to Defendant's discovery requests, including an entry of default judgment or a judgment of non pros. 14. In addition to the foregoing relief, the Court may make such Order with regard to the failure to make discovery as is just. 15. Defendant Stoner requests that this Honorable Court enter default judgment or a judgment of non pros against Plaintiffs as a result of Plaintiffs' continued failure to provide proper and timely discovery responses. 16. In the alternative to the foregoing relief, Defendant Stoner requests that Plaintiffs be Ordered to fully and completely respond to Defendant's First Request for Production of Documents and Defendant's First Set of Interrogatories within ten (10) days of the date of the Court's Order, or be faced with the imposition of reasonable counsel fees and entry of default judgment or judgment of non pros pursuant to Pa.R.C.P. 4019. 17. Defendant certifies that the parties, after reasonable effort, are unable to resolve the dispute. 18. In accordance with Cumberland County Local Rule 208.3(a), Defendant certifies that the Honorable Kevin A. Kess has previously ruled upon a discovery motion in this matter. WHEREFORE, Defendant requests that this Honorable Court enter default judgment or a judgment of non pros against Plaintiffs as a result of Plaintiffs' continued failure to provide proper and timely discovery responses, or in the alternative, Order Plaintiffs' to fully and completely respond to Defendant's First Request for Production of Documents Defendant's First Set of Interrogatories within ten (10) days of the date of the Court's Order, or be faced with the imposition of reasonable counsel fees and the entry of default judgment or judgment of non pros pursuant to Pa.R.C.P. 4019. MART" LA By: 10C 'If - George B. Faller, r., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 27, 2009 Attorneys for Defendant Justin Robert Stoner A RECVCLED PAPER %.4) RECYCLABLE F ',I:I L.ES\Clicnts\Prugrass"e 7 S37\Cun entCOJ\7S 37 '01. qpd I Grated. 9l'O?N 0 .0ePM Revised. I I.'907 3.9P\I George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. JUSTIN ROBERT STONER, Defendant. : NO. 2007-5751 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS TO: TAMARA THOMPSON AND JOSHUA THOMPSON, Plaintiffs, and their attorney, DAVID W. KNAUER, ESQUIRE AND NOW, this 9' day ofNovember, 2007, pursuant to Pa. R.C.P. 4009, as amended, come the Defendant, by his attorneys, MARTSON LAW OFFICES, Ten East High Street, Carlisle, Pennsylvania, and requests Plaintiffs to produce for inspection, examination and copying, at the above office, not later than thirty (30) days after service of this Request, the following documents: 1. All photographs in the possession, custody or control of Plaintiffs, counsel for Plaintiffs, or any other person or entity acting on behalf of Plaintiffs, including any insurers for Plaintiffs, showing, representing or purporting to show any vehicles, locales, instrumentalities, persons, property, and any and all other matters related to the subject matters of this litigation. 2. All diagrams, sketches, drawings, plans, measurements or blueprints in the possession, custody or control of Plaintiffs, counsel for Plaintiffs, or any other person or entity acting on behalf of Plaintiffs, including any insurer of Plaintiffs, showing representing or purporting to show any of the instrumentalities, locales, persons or other matters involved in the incident which forms the basis of Plaintiffs' Complaint. n 3. All statements, signed statements, transcripts of recorded statements or interviews, v recorded statements if not transcribed or any statement or recorded statements if not transcribed verbatim taken of any parties, persons or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the possession of, Plaintiffs, Plaintiffs' attorney, insurers or anyone else action on behalf of Plaintiffs. 4. All expert opinions, expert reports, expert summaries or other writings of experts in possession, custody or control of Plaintiffs, Plaintiffs' attorneys or insurers, which relate to the subject matter of this litigation and the incident in question. Exhibit "A" 5. All documents prepared by Plaintiffs, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiffs, except Plaintiffs' attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed are now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiffs, Plaintiffs' former or present counsel, agents, employees, officers, insurers or any other person acting on Plaintiffs' behalf.) 6. If not otherwise covered by the above Requests, the complete claims/investigation/subrogation/no-fault file(s) of Plaintiffs or any insurers thereof, dealing with the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 7. All documents in the possession, custody or control of Plaintiffs, Plaintiffs' counsel, insurers, or anyone else acting on Plaintiffs' behalf, dealing in any way with all injuries, damages and losses sustained by the Plaintiffs. This should indicate, but not be limited to, bills, invoices, estimates, appraisals, inventories, reports and all other documents relating to the damages alleged in Plaintiffs' Complaint. 8. A copy of the declarations page of any insurance policy where you would be an insured party or other document indicating the tort option (full or limited) which would be applicable. 9. If any document or class of documents is being withheld on the basis of any privilege, identify the document or class of documents, the date or dates of the documents, its author or originator, as well as the privilege which is being asserted. MARTSJON L,A -QF ICES George B. Faller, Jr., Esquire. .'rt I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's First Set of Requests for Production ofDocuments directed to Plaintiffs was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES t 1 } , ,v B Y-) «C Melissa A. Scholly r Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 `4) -11r ana?a t' qPl l P. PILES\Cltants\Prog,essive7837'Current\204\7837.204. intl Created. 1).]004 006PM Revised. I1 607 }13PM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. JUSTIN ROBERT STONER, Defendant. NO. 2007-5751 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS TO: TAMARA THOMPSON AND JOSHUA THOMPSON, Plaintiffs, and their attorney, DAVID W. KNAUER, ESQUIRE Enclosed are Interrogatories propounded by Defendant to be answered under oath by the aforesaid Plaintiffs pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Defendant at the address below. These Interrogatories shall be deemed to be continuing Interrogatories and if, between the time of your Answers to said Interrogatories and the time of trial of this case, you or anyone acting in your behalf learn of any further information not contained in your said Answers, you shall promptly furnish said information to the undersigned by supplemental answers. (?{l )V) As used herein, the words "accident" or "occurrence" refer to the event or events described in your Complaint and all related events and circumstances. The word "you" or "your" includes your attorneys, representatives, insurers, and all others purporting to act on your behalf. Unless otherwise specified, response to the following Interrogatories shall give the requested information for the period from October 30, 2006, to the present (hereinafter sometimes referred to as the "time period"). Exhibit "B" It is hereby certified that a true and correct copy of these Interrogatories was mailed to counsel for the Plaintiffs on this date by the undersigned. MARTSON LAW OFFICES B y ,. G or'gej)§: Faller, Jr., I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 Attorneys for Defendant Interrogatory No. 1 For each health care practitioner Plaintiff has seen since the date of the accident (whether in connection with the injuries suffered in the accident or not), provide the identity of same, the purpose of seeing practitioner, the number and inclusive dates of each visit, a description of all medication recommended or prescribed, a description of any treatment received or recommended, a listing of any charges incurred and the identity of the person or entity paying same if not Plaintiffs. ANSWER: Interrogatory No. 2 Identify any health care practitioner that you have seen for ten (10) years prior to the incident in question, including but not limited to, your family physician and give the name and address of each. ANSWER: Interrogatory No. 3 State whether, as a result of the said occurrence, you required any medical or vocational rehabilitation services; that is, services necessary to reduce disability and to restore the physical, psychological, social and vocational functions, including but not limited to: medical care, diagnostic and evaluation procedures, physical and occupational therapy, other necessary therapies, speech pathology and audiology, optometric services, nursing care under the supervision of a registered nurse, medical social services, vocational rehabilitation and training services, occupational licenses and tools, and transportation necessary to secure such services. If so, state fully: The names and addresses of all medical, rehabilitation facilities, hospitals and/or clinics at which you were examined or attended; the names and addresses of all individuals and physicians who attended or examined you; the date of each treatment; and a description of the treatment received. ANSWER: Interrogatory No. 4 State fully all the injuries you claim to have suffered in or as a result of the said occurrence. ANSWER: Interrogatory No. 5 As to the injuries claimed in Interrogatory No. 4, have you ever experienced or been treated for the same or similar condition? ANSWER: Interrogatory No. 6 State fully all elements of economic loss, and the dollar value thereof, that you claim to have suffered in or as a result of the said occurrence. As part of your answer, state specifically, any claims for loss of income, past, present and future, explain how that was computed, and provide the inclusive dates of all time lost from work, whether full time or part time. ANSWER: Interrogatory No. 7 If you still suffer pain from any of your injuries and conditions resulting from the incident, state specifically the frequency and nature of the pain and the injuries or conditions from which it emanates. ANSWER: Interrogatory No. 8 What future reasonable and necessary professional medical treatment and/or care do you claim you will require as a result of the said occurrence? ANSWER: Interrogatory No. 9 Was any investigation made of the accident or accident scene by you or by anyone acting on your behalf after the accident? If so, then for each such investigation, kindly state further: (a) The date and time it was made; (b) The name, address and employment of the person who made it; (c) The date and present custodian of any report concerning the inspection or investigation; (d) The identity of all persons interviewed as part of the inspection or investigation; and (e) A description of any exhibits, including, but not limited to, photographs or drawings prepared in connection with the investigation or inspection. ANSWER: Interrogatory No. 10 Please identify each of your employers, state the inclusive dates of employment and your gross and net earnings on a weekly or monthly basis for the period beginning five years before the accident to and including the present. With respect to each such employment, please describe your job duties and responsibilities. ANSWER: Interrogatory No. 11 If you have filed a Federal, State or Local Income Tax return for any of the five calendar years preceding the accident or any year since, please state whether copies were kept or subsequently obtained, and, if so, identify every person who has, or at any time had, a copy of same. Alternatively to an answer, you may attach complete copies of each return as filed, to include, without limitation, all schedules, W-2, 1099's and other attachments. ANSWER: Interrogatory No. 12 State whether you have been unable to perform satisfactorily all duties required of you in your employment and all activities of daily living since the date of the said occurrence, indicating with particularity those duties and activities you were unable to perform and the names and addresses of all persons having knowledge of such, including your supervisors, fellow employees, family, friends and the like. State further the identity of any physician who has advised you concerning the limitations or duration of any such disability. ANSWER: Interrogatory No. 13 Please state the name and address of any insurer, auto or otherwise, which you believe provides coverage, whether first party, third party, primary, secondary, contingent worker's compensation or other, for any injury or loss arising out of the said accident, and state further the owner of the policy, the type of policy, a description of any claim made, the nature of the coverage, the limits of each coverage applicable, the nature and amounts of any benefits paid by any such insurer and a description of any claim that was denied in whole or in part, as well as the name, address, policy number and claim number for any claim arising out of the events described in the policy number(s) and claim number(s) for any claim arising out of the events described in the complaint. ANSWER: Interrogatory No. 14 Identify any medical expenses which you have incurred which have not been covered by a collateral source (i.e. first party medical coverage, worker's compensation, Blue Cross/Blue Shield, etc.). ANSWER: Interrogatory No. 15 Please identify each person you expect to call as an expert witness at trial and state the subject matter on which each person is expected to testify. ANSWER: Interrogatory No. 16 As to each person identified in your answer to the preceding interrogatory, please state the substance of the facts and opinions to which he is expected to testify and the grounds for each opinion.* Signature of Expert *A report, personally signed by your expert, may be furnished in lieu of your answer to this interrogatory. If you elect to furnish reports in lieu of an answer, then please indicate in the space above the date of each such report and the persons by whom they were prepared. Interrogatory No. 17 Identify every person known to you who claims to have seen or heard any of the parties make any statement or statements pertaining to any of the events or happenings alleged in the pleadings. ANSWER: Interrogatory No. 18 Identify every person known to you, who you believe may have knowledge concerning: (a) The happening of the accident; (b) Any fact or circumstance pertaining to the accident; or (c) The conditions at the scene at, or immediately before or after, the time of the accident. ANSWER: Interrogatory No. 19 Have you, your attorney, or any representative of you or your company entered into or been a party to any releases, stipulations, understandings or agreements regarding your liability for the claims which have been made in this case? ANSWER: Interrogatory No. 20 Have you ever been an occupant of an automobile that was involved in a collision, other than the collision described in your Complaint? If so, please state: (a) the date and location of each collision; (b) the identity of all other occupants of all vehicles involved in the collision; (c) whether you were injured in the collision, and, if so, the nature and extent of your injuries; (d) whether a claim was made by you as a result of the collision, and, if so, the identity of the insurer and claims adjuster and location of the claims office of all insurers against whom any claim was made by you, whether as a first party or third party; (e) whether you were a party in any court action or arbitration arising out of the collision, and, if so, please state below the full caption, identity of all attorneys, and the present status of said court action or arbitration. ANSWER: Interrogatory No. 21 Have you ever been convicted or pled guilty to a crime? If so, list the court, the offense and the date of the conviction or guilty plea. ANSWER: Interrogatory No. 22 Have you ever, either prior to or after the accident, made a claim for a personal injury or worker's compensation? If so, describe the circumstances surrounding the claim including the name of the party against whom the claim was made and their insurance company. ANSWER: Interrogatory No. 23 State your full name, any aliases, prior names, nicknames and your social security numbers and date of birth. ANSWER: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Tamara Thompson and Joshua Thompson being duly sworn according to law, depose and say that the facts set forth in the foregoing Answers to Interrogatories are true and correct. Tamara Thompson Joshua Thompson Sworn to and subscribed before me this day of , 2007 Notary Public CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's First Set of Interrogatories Directed to Plaintiffs were served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES By Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2007 w . CYCLED PAPER A8L David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND : IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. JUSTIN ROBERT STONER, Defendant No. 2007-5751 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS REPLIES TO THE DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. The Plaintiffs will provide copies of any photographs they have that are responsive to this request for production of documents. 2. See police report. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. See attached. 3. See police report. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. 4. The Plaintiffs have not yet decided whom they will call at time of trial to provide expert testimony and the Plaintiffs reserve the right to supplement this reply. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 5. The Plaintiffs object to this request as it applied to the attorney/client ?i privileged and the attorney work product rule. Except for the foregoing, the Plaintiffs had no other matter responsive to this request for production of documents.' Exhibit "C" As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 6. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 7. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. . As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 8. The Plaintiffs have the Limited Tort option. 9. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. Respectfully submitted, KNjAUER & ASSOCIATES, L.S.C. David W. Knauer, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: March 28, 2008 David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND : IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA vs. Plaintiffs JUSTIN ROBERT STONER, Defendant No. 2007-5751 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 28th of March, 2008, serve a true and correct copy of the Plaintiffs' Answers to Defendant's First Set of Interrogatories on all counsel of record by United States mail, first class, prepaid addressed as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorney for Defendant x . a. L rra.i e d j Sly 6.,2 b'e V4? ?L h kw e been s e4-1-, ??SPc?.^ISES RC () _ FiJr? P4 dD- L) F 'D (1C?rnE&17's V? W4 David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 1PYL-- 6NLY David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND : IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. JUSTIN ROBERT STONER, Defendant No. 2007-5751 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS REPLIES TO THE DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. The Plaintiffs will provide copies of any photographs they have that are responsive to this request for production of documents. 2. See police report. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. See attached. 3. See police report. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. 4. The Plaintiffs have not yet decided whom they will call at time of trial to provide expert testimony and the Plaintiffs reserve the right to supplement this reply. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 5. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. Except for the foregoing, the Plaintiffs ?. h ad no other matter responsive to this request for production of documents. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 6. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 7. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. . As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. 8. The Plaintiffs have the Limited Tort option. 9. The Plaintiffs object to this request as it applied to the attorney/client privileged and the attorney work product rule. As to Progressive Insurance Company, the Plaintiffs have no information as to what their insurer has in its file and do not have the authority to provide same. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. - ?t , t? ? David W. nauer, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: July 14, 2008 David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early. corn 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND : IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : No. 2007-5751 CIVIL ACTION - LAW JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 14th day of July 2008, serve a true and correct copy of the Plaintiffs' Replies to Defendants First Set of Requests for Production of Documents on all counsel of record by United States mail, first class, prepaid addressed as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorney for Defendant David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 A RECYQEU PAPER i, RE(YQARLE David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND JOSHUA THOMPSON, husband and wife, Plaintiffs vs. JUSTIN ROBERT STONER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-5751 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES 1. See attached. 2. The Plaintiffs object to the Defendant's request for medical records for the ten year period as being over burdensome and not likely to lead to any discoverable information related to this action. Nevertheless, the Plaintiffs have provided copies of records in their possession to the Defendant's counsel under a cover letter. The Plaintiffs have not attached copies of their records because of the risk of identity theft should the records be attached. In October of 2006, prior to the accident herein, Plaintiff, TAMRA THOMPSON, suffered a sprained ankle but she does not remember the name of the physician who treated her. 3. No. 4. The Plaintiff has suffered injuries to her neck as well as recurrent headaches and pain in the structures of the temporomandibular joint/s. 5. No. Exhibit "D" 6. The physically injured Plaintiff held a part-time job with Citizens bank. She has missed some time with that employment. 7. Plaintiff, TAMRA THOMPSON, has intermittent neck pain at least three to four times per week. She also suffers with focal point headaches in the back of her head. She also has pain in the structures of the temporomandibular joint with headaches at least two times per week. Additionally, she has suffered from depression that is a result of the continuing pain the accident caused. 8. Given the length of time post accident and the continuing pain, the physically injured Plaintiff assumes that she will continue to have neck pain and pain in the structures of the temporomandibular joint. She also has been suffering from depression as the result of the continuing pain. 9. The Plaintiffs object to this interrogatory on the basis of the attorney/client privilege and the attorney work product rule. Other than the aforesaid objection, the only other investigation was the police department's. 10. -11. The Plaintiffs are not making any claim for lost income and they object to this answer on the basis that there is no claim for lost income and therefore the income interrogatory is not relevant. 12. Plaintiff, TAMRA THOMPSON, has been affected in all aspects of daily living activities. 13. Because of the risk of identity theft, the Plaintiffs have provided the information requested in this interrogatory to defense counsel under cover letter. Progressive Policy No. 47745553-7 United Health Care Blue Cross/Blue Shield 14. The Plaintiffs have made co-pays under their health and accident policy and they will provide that information by supplemental answers. 15. -16 As of the date of these answers, the Plaintiffs have not yet determined whom they anticipate calling as their witness as the time of trial and reserve the right to supplement this answer. 17. The physically injured Plaintiff and the investigating police officer. 18. The physically injured Plaintiff, the Defendant and the investigating police officer as to the facts of the accident. As to the injuries the physically injured Plaintiff has suffered, her family members and health care providers who have treated her for accident caused injuries. Her family members include but are Andrew Foose, Susan Disbrow, Douglas Disbrow, Jeffrey Thompson and Sarah Thompson. 19. Progressive Insurance Company as to the Plaintiffs' property damage claim. 20. (a) Passenger in automobile in 1991 when car ran off the road but she suffered no injuries from this accident. (b) 1994 car accident when her automobile hydroplaned during rain and there were no injuries (c) In the 1994 car accident, the Plaintiff's mother and daughter Brittanie were in the vehicle; (d) In the 1994 accident, the insurer was probably Allstate and the Plaintiffs are attempting to confirm eh aforesaid information. (e) October 2002 in Cleveland, Ohio the physically injured Plaintiff was in the other Plaintiff's vehicle when they were involved in a small accident and she suffered no injuries in the accident. The property damage was repaired. 21. No. 22. While employed by Just Cabinets located Hampden Township, the physically injured Plaintiff suffered a shoulder injury and she did file a worker's compensation claim. 23. In order to decrease the risk of identity theft from the public records of this case, the Plaintiff refuses to provide answers to this interrogatory but has provided the answers to defense counsel by other means. Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W. Knauer, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: July 14, 2008 Re: TAMRA THOMPSON - Ans. to Interrogatory #1 Dr. Phelan - October 31, 2006 - Initial Visit - Treated for whiplash and prescribed Skelaxin for muscle spasms. Dr. Phelan - November 8, 2006 - Follow up - Continue Skelaxin and prescribed Valium. Dr. Phelan - December 6, 2006 - Follow up and referred to try Physical Therapy, three times a week and to go to see a pain management Doctor. Physical Therapy - three times a week Dr. Kosenske - December 18, 2006 - Initial Visit - Continued treatment for whiplash (cervical sprain) prescribed Baclofen and told to discontinue Physical Therapy immediately, he said this type of injury doesn't respond well to PT right away and can in fact make it worse. Dr. Phelan - December 20, 2006 - He agreed on stopping PT until further treatment Dr. Kosenske - January 29, 2007 - Follow Up - Medications unsuccessful - Treatment now will be injections in the neck to try and subdue the pain. The injections will be done at an off-site facility in which treatment will involve an x-ray procedure to guide needles to proper location in the neck. Dr. William Phelan Family Doctor 1 Tyler Court Carlisle, PA 17013 (717) 245-9101 Dr. Ted Kosenske Cumberland Valley Pain Clinic 5 Tyler Court Suite B Carlisle, PA 17015 (717) 249-9222 Orthopedic and Spine Physical Therapy 850 Walnut Bottom Road Suite 306 Carlisle, PA 17013 (717) 241-2211 Knauer & Associates, LSC Attorneys-at-Law 411 A. East Main Street, Mechanicsburg, PA 17055 Telephone: (717) 795-7790 Fax: (717) 795-7793 July 14, 2008 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 David W. Knauer Email: knaupr@early.com Re: Tamra Thompson and Joshua Thompson vs. Justin Robert Stoner Cumberland Co. CCP No. 2007-5751 Dear George: I am providing the information below in this letter in response to your interrogatory 23 and objecting to same on the answers filed. I am concerned over media reports that identity thieves have been visiting courthouses to view civil files to obtain background information to enable them to steal litigant's identities. With respect to the information contained in this letter, you may use it for any purpose that you could use the formal answers. This information conforms with a swearing or affirming verification. 23. Full name: Other names used: I? Nickname: Social Security No Date of Birth: George B. Faller, Jr., Esquire July 14, 2008 Page 2 of 2 Thank you for your cooperation in this matter. Very truly yours, David W. Knauer DWK/jlb cc: Tamra & Joshua Thompson David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMRA THOMPSON AND : IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. No. 2007-5751 CIVIL ACTION - LAW JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 14th day of July 2008, serve a true and correct copy of the Plaintiffs' Replies to Defendants First Set of Requests for Production of Documents on all counsel of record by United States mail, first class, prepaid addressed as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Attorney for Defendant i David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 i«1 R«??,?P?, ,a IMARTSON L,A`?' OF FICC1J David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 December 4, 2008 RE: Tamara Thompson and Joshua Thompson, husband and wife v. Justin Robert Stoner No. 2007-5751 - Cumberland County C.C.P. Our File No. 7837.204 Dear Mr. Knauer: We wrote to you in August and again in October 2008 regarding Plaintiffs' responses to ` Defendant's First Set of Interrogatories and Defendant's First Request for Production of Documents. ?- We previously attempted to contact you by telephone on several occasions to discuss the reasons we Cl believe Plaintiffs' responses to Defendant's discovery requests are deficient, but we have been unsuccessful in contacting you at a time when you are available to address the matter. We would like to resolve this discovery issue as soon as possible so that we can move the case forward. If you would, please contact me at your earliest convenience to discuss Plaintiffs' responses to Defendant's discovery requests. If I am unavailable, please ask to speak with Nicky Myers or Melissa Scholly and perhaps we can schedule a brief telephone conference for a time when we are both available. We look forward to hearing from you. Very truly yours, MARTSON LAW OFFICES TEF, nlm Trudy E. Fehlinger cc: 'vls. Tonya Fisher (060187551) (via e-mail) L I I1.1 S Cimit, 1'rr rrssr r7:,3- C me:n '- .1 7S i'.', :4 !k 1i .'.,r,1 Exhibit "E" MAIRTSON LAW OFFICES 10 E. sT HIGH STRE=ET CARLISLL, PI NMI LVA\IA 17013 TFI.r•.PHONF. (717) 343-3341 F 1CsntILF. (717) 343-1830 INTERNET uwwmartsonla-mcom WILLI.1m F. NL?Rrso.\ JOHN B. F )m,i R III DA\ILI. K. DFARDORFF TI-mgt.,; J. W ILI.LVMS Iv() V 0-1-ro III HCBL.RT,X. GILROY GwRGL B. FALLI'.R JR.* 'BDARD CFRTIFII D.wo k. FITZ,i\lo\.,, CHRISTOPHLR E. Rich: II'\'111,R L. SPURS si,vi T. tilosi?alr.,,? TRuDY E. RIALING1 R KATU J. N1.xxtxr.u. D CIVIL TRIAL SPECIALIST October 17, 2008 David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 RE: Tamara Thompson and Joshua Thompson, husband and wife v. Justin Robert Stoner No. 2007-5751 - Cumberland County C.C.P. Our File No. 7837.204 Dear Mr. Knauer: We wrote to you on August 21, 2008, regarding Plaintiffs' responses to Defendant's First Set of Interrogatories and Defendant's First Request for Production of Documents. We have attempted to contact you by telephone on several occasions since then to discuss the reasons we believe Plaintiffs' responses to Defendant's discovery requests to be deficient, but we have not received a response. Most recently, I spoke with your assistant on October 3, 2008, and reviewed our concerns in some detail, and she advised that you would contact us to discuss the matter. We have not yet received further communication from your office. We would like to attempt to resolve the matter directly, without seeking court intervention, but we would also like to resolve this matter as soon as possible. If you would, please contact me at your earliest convenience to discuss Plaintiffs' responses to Defendant's discovery requests. We look forward to hearing from you. Very truly yours, MARTSON LAW OFFICES Trudy E:1~ehlinger r TEF/mas cc: Ms. Tonya Fisher (060187551) F FILI?S`Clicmis'Progrmi%,e7837Current?204'7837. 04.dk9.wpd I N F O R M A T I O N - A D V I C E - A D V O C A C Y "I 1til` 1(f S o N LAW OFFICES `.1'.`A Ili .il'I'.,1;x,1\1'. C'?,tll J?'I•? a, t: n!.. a ilt i':tRirr. r!?: R I;. R!r, ! lh (;,; A. R (?1 I?I R'; A. l?l R(.) Il. ( 11 I Ei( IR.' L' .w I, pl 111'1!' ( f,ll. ik1AL .I hl'I.1Llti'1' August 21, 2008 David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 a RE: Tamara Thompson and Joshua Thompson, husband and wife v. Justin Robert Stoner No. 2007-5751 - Cumberland County C.C.P. Our File No. 7837.204 Dear Mr. Knauer: We are in receipt of Plaintiffs' responses to Defendant's First Set of Interrogatories and Defendant's First Request for Production of Documents. We believe that Plaintiffs' responses to Defendant's discovery requests are deficient in various ways, but rather than seeking court intervention, we would like to attempt to resolve the matter directly. We contacted your office by telephone on August 12, 2008, to discuss the matter, and we were advised that you would return the call the following day. We have not yet received any response from your office. If you would, please contact me at your earliest convenience to discuss Plaintiffs' responses to Defendant's discovery requests. We look forward to hearing from you. Very truly yours, MARTSON LAW OFFICES TE Trudy E. Fehlinger F,-nlm cc: 'v1s. Tonya Fisher (060187551) 1 111 fS ('ixnG P11' 9 res;11 C8?' C'wra 1 204 78??.2e1 . dk3.•, r, CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant Justin Robert Stoner's Motion for Sanctions was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 MARTSON LAW OFFICES By ( l Melis a A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 27, 2009 r "; -A? .`?, ,.? ?;,-a -,? .. ? .__ ?--a -- __ _: -r-? ... - ?:? r. ? '' 4.,i `^r'; .. ^- .? ti.?3' ti TAMARA THOMPSON and JOSHUA THOMPSON, husband and wife, Plaintiffs VS. JUSTIN ROBERT STONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5751 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER AND NOW, this 30? day of January, 2009, a brief argument on the defendant's motion for sanctions is set for Thursday, March 12, 2009, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 14 Hess, J. avid Knauer, Esquire For the Plaintiffs /eorge B. Faller, Jr., Esquire For the Defendant :rlm A ?'•? y ? ;y,? r t 4.? '... ? ? e?= T l ?? y?? •?? ?? i j David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. :No. 07-5751 Civil Term JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED MOTION TO WITHDRAW AS COUNSEL 1. The undersigned attorney and firm entered into a Contingent Fee Agreement with the Plaintiffs on November 9, 2006. 2. On October 2, 2007, the Plaintiffs filed their Complaint. 3. On or about November 9, 2007, the Defendant served the Plaintiffs with discovery. 4. Pursuant to the undersigned's practice, he caused the Plaintiffs to be notified of the receipt of discovery and requested them to schedule an appointment to meet and prepare their answers and replies to the Defendant's discovery. 5. The Plaintiffs postponed meeting with the undersigned, but in July of 2008, they met with the undersigned and discuss the Defendant's discovery and their replies to same. The undersigned provided answers and replies to the discovery to the Defendant's counsel on or about July 14, 2008. 6. On August 21, 2008, the undersigned received a letter from Defendant's counsel stating that the Plaintiffs' discovery responses were "deficient in various ways." 7. The undersigned attempted regularly to contact the Plaintiffs regarding discussing their responses more fully but the Plaintiffs failed to comply with the aforesaid request despite numerous calls and letters fro the undersigned. 8. On January, 29, 2009, the undersigned sent a letter to the Plaintiffs with a clear explanation that they needed to respond to his request and followed up with numerous telephone calls to the numbers the Plaintiffs had provided to him. The one number had a message that the phone number had been disconnected. The cell phone number was active and the undersigned left several messages that were not returned. 9. The undersigned cannot represent the Plaintiffs without their cooperation and seeks to withdraw as their counsel. WHEREAS, the undersigned requests that your Honorable Court issue a Rule to Show Cause on the Plaintiffs why he should not be allowed to withdraw as Plaintiffs' counsel. Date: Respectfully submitted, AUER & ASSOCIATES, L.S.C. tit avid W. nauer, Esquire Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 2 David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 411-A E. Main Street Mechanicsburg, PA 17055 Knauer@early.com 717-795-7790 717-795-7793 Fax TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA VS. No. 07-5751 Civil Term JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, Esquire, hereby certify that a true and correct copy of the 03 1 Motion to Withdraw as Counsel was served on February 2009 to the following g individuals: George D. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER 10 East High Street Carlisle, PA 17013 Attorney for Defendant KNAUER & ASSOCIATES, L.S.C. David W. Knaubr, Esquire Attorney for Plaintiffs Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Pe,, r '*r n ? .d_-- , } + ?? r`. ? C~ ? George B. Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Justin Robert Stoner TAMARA THOMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA THOMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. JUSTIN ROBERT STONER, Defendant. NO. 2007-5751 CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW, this 6' day of /o, &-.A , 2009, it being related to the Court that a Motion to Withdraw as Counsel has been filed by counsel for Plaintiffs Tamara Thompson and Joshua Thompson, with the concurrence of the parties, the argument scheduled for Thursday, March 12, 2009, at 2:30 p.m., in Courtroom No. 4, on Defendant's Motion for Sanctions, is hereby cancelled. BY THE COURT: ? . Fehlin er Esquire cc. U Y E g David W. Knauer, Esquire F:\FILES\Cbm%\Progresme7837\Curtau\204\7837.204.ordeer.mo[.wpd C 3 f c. jat ?,,Al Kevi A. Hess, Judge ct C el*N tp ?? TAMARA THOMPSON and JOSHUA THOMPSON, husband and wife, Plaintiffs VS. JUSTIN ROBERT STONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5751 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER AND NOW, this day of March, 2009, a rule is issued on all parties to show cause why the relief requested in the motion to withdraw as counsel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, David Knauer, Esquire For the Plaintiffs George B. Faller, Jr., Esquire For the Defendant Am Cnra t es ma-t LCL 3/3 ?1 oq W14 Kevin . Hess, J. FILED-D'T CE OF THE ` P.( J--InAOTAPY 2009 MAR 31 AN I 1 * 26 LU d l (). Ni t x • % F:\FILES\Cbmts\Progressive7837\Cutrent\204\7837 Created: 9/20/04 0:06PM Revised: 4/8/09 3:55PM George B. Faller, Jr., Esquir I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF MARTSON LAW OFFICE; 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Jus OTTO GILROY & FALLER Robert Stoner TAMARA THOMPSON At JOSHUA THOMPSON, hus v. JUSTIN ROBERT S IN THE COURT OF COMMON PLEAS OF and wife, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5751 CIVIL ACTION - LAW : JURY TRIAL DEMANDED 9 AND NOW, comes Defendant, Justin Robert Stoner, by and through his attorneys MARTSON DEARDORFF Motion to Withdraw as Thompson and Joshua OTTO GILROY & FALLER, and hereby concurs in the filed by David W. Knauer, Esquire, counsel for Plaintiffs Tamara MARTSON LAW OFFICES By: George B. F , Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 9, 2009 Attorneys for Defendant Justin Robert Stoner CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer to Motion to Withdraw as Counsel was served this date by depositing same in the Post Office at Carlisle PA, first class mail, postage prepaid, addressed as follows: David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 and Tamara and Joshua Thompson 1932 Judy Lane Carlisle, PA 17013 MARTSON LAW OFFICES Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 9, 2009 CAF THE RROTI-'MTARY 2009 APR - 9 AM I I : 18 GU Si i-i,-;N-iia WUN 1 P&NNS` LVANt F!\F1LFS\L*bmits\Progressive7837\Current\204\7837.204.pra2 r Created: 9/20/04 0:06PM Revised: 5/15/09 3:25PM TAMARA T OMPSON AND IN THE COURT OF COMMON PLEAS OF JOSHUA T OMPSON, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2007-5751 CIVIL ACTION - LAW JUSTIN RO ERT STONER, Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE P OTHONOTARY OF CUMBERLAND COUNTY: Kind y withdraw the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER n behalf of Defendant in the above matter. MARTSON LAW OFFICES By George B. ller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 Dated: 5 115 10 (717) 243-3341 Ent the appearance of CALDWELL & KEARNS, P.C., on behalf of Defendant Justin Robert Ston r in the above-captioned matter. ;3N LL KEARNS, P.C. B #73617 McG ire, Esquire /Attorney I.D h F ont Street , PA 17110-1533 5 10016 5 (717) 232-7661 Dated: Karen W. Miller, Esquire Attorney I.D. # 200037 Caldwell & Kearns, P.C. X .- I CERTIFICATE OF SERVICE AND NOW, this 20th day of May 2009, I hereby certify that I have served a copy of the within docu#nent on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: David W. Knauer, Esquire Knauer & Associates, L.S.C. 411-A East Main Street Mechanicsburg, PA 17055 George B. Faller, Esquire Ten East High Steret Carlisle, PA 17013 CALDWELL & KEARNS By: ?, OF THE 2009 M A"11' ? 1 A:41111: 21 David W. Knauer, Esquire ~-1! E . ~.r -~ ;- j •,.~~~,~ ~u~ 2220~0~ Attorney I.D. No. 21582 ~~ ~ ~ }~ !~:; - ~ ~~- ~. ~~ Knauer & Associates, L.S.C. Auer ~ ~m a : K~ 411-A E. Main Street G; ,~~ ~x,~-a-tir Mechanicsburg, PA 17055 , ~ ; ~ ~ . ; i r ~~; , ~, ICnauer~early.com 717-795-7790 717-795-7793 Fax TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, :CUMBERLAND COUNTY, Plaintiffs :PENNSYLVANIA vs. JUSTIN ROBERT STONER, Defendant No. 07-5751 Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this g~ day of ~A' ` , 2009, upon consideration of the attached Motion to Withdraw as Counsel, it is hereby ORDERED and DECREED that the rule to show cause is hereby issued upon the Plaintiffs to show cause why David W. Knauer, Esquire and Knauer & Associates, L.S.C. should not be allowed to withdraw as Plaintiffs' counsel in the above matter. zo days after t~Httlate of this Order and that David W. Knauer, Esquire and Knauer & AND, FURTHER, the rule to show cause is returnable within Associates, L.S.C. is directed to serve the Plaintiffs with a copy of this rule and to utilize Postal Form 3817 -Certificate of Mailing. By the Court, ®'~ pr J. Distribution: ~ David W. Knauer, Esquire, KNAUER 8~ ASSOCIATES, L.S.C. , 411-A East Main Street, Mechanicsburg, PA 17055 ~ George D. Faller, Jr., Esquire, MARTSON, DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER, 10 East High Street, Carlisle, PA 17013 L'~;es Mu..~~cd ~l9~~d FILED-OFFICE HE PROTHONOTARY 2311 FEB 23 AM 11: 11 'CUMBERLAND COUNTY PENNSYLVANIA David W. Knauer, Esquire Attorney I.D. No. 21582 Knauer & Associates, L.S.C. 4017 Darby Circle East Colorado Springs, CO. 80907 Tel: (717) 512-8350 TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. : :No. 07-5751 Civil Term JUSTIN ROBERT STONER, Defendant : JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE 1.On the 8th day August, 2010, the Honorable Kevin A. Hess issued a rule to show cause why the undersigned should not be allowed to withdraw as Plaintiffs' counsel in the above matter. 2.The reason the undersigned sought to withdraw as Plaintiffs' counsel was that the Plaintiffs had failed to respond to the undersigned's attempts to contact them and the undersigned and the undersigned was unable to locate them. 3. After the Honorable Kevin A. Hess issued his aforesaid Order, the undersigned was unable to locate the Plaintiffs and after checking available sources and the internet he has been unsuccessful in contacting them. 4. The Defendant's counsel concurs in this motion. WHEREFORE, the undersigned prays that Your Honorable Court will make the aforesaid rule heretofore issued absolute and allow the undersigned to withdraw as Plaintiffs' counsel. David W. Knauer, Esq. Knauer & Associates, L.S.C. Atty. Id. 21582 4017 Darby Circle East Colorado Springs, CO 80907 (717) 512-8350 TAMARA THOMPSON AND JOSHUA THOMPSON, husband and wife, Plaintiffs vs. JUSTIN ROBERT STONER, Defendant : No. 07-5751 Civil Term IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, Esquire, hereby certify that a true and correct copy of the within document was served on February 22, 2011 to the following individual: Joseph Murphy, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Attorney for Defendant KNAUER & ASSOCIATES, L.S.C. Lo L at e? David W. Knauer, Esquire Attorney for Plaintiffs Attorney I.D. No. 21582 4017 Darby Circle East Colorado Springs, CO 80907 (717) 512-8350 A TAMARA THOMPSON AND JOSHUA : IN THE COURT OF COMMON PLEAS THOMPSON, husband and wife, : CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. JUSTIN ROBERT STONER, Defendant :No. 07-5751 Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this zr day of ,. , 2011, upon consideration of the attached motion, it is hereby ORDERED and DECREED that the attached motion is hereby GRANTED and the rule to show cause heretofore issued on the Plaintiffs is made absolute and David W. Knauer, Esquire and Knauer & Associates, L.S.C. is hereby allowed to withdraw as Plaintiffs' counsel of record. By the Court, --K, '-/ /' J. . :'Y! Cal -r1 n -? 1 . r ? . 'l p4 MLArpkX t ?oP'es &a..'Ied ala?fit A FORRY ULLMAN, P.C. BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 - 5700 TAMARA THOMPSON, and JOSHUA THOMPSON, h/w Plaintiffs V. JUSTIN ROBERT STONER Defendant Attorney for Defendant, Justin R. Stoner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW c NO: 07 -5751 JURY OF 12 DEMANDED r? Z C3 ORDER AND NOW, this 2-7-day of m,.L- , 2011, upon consideration of N c? c =-+n rnr -v °o -n n' --4 iv L Defendant's Second Motion for Sanctions, it is hereby ordered that a Rule is issued upon Plaintiffs to show cause why the relief requested by Moving Defendant should not be granted. The Rule is returnable within thirty (30) days from the date of service of this Order. BY THE COURT: A J. ? ? ,?h F. Nlurphy,Ea- The onorable Kevin A. Wr. + Mrs. \lashv&'ThotrPsC*) , Plffs C ?u(ai led oP,? ?? spa DO FORRY ULLMAN, P.C. BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 - 5700 TAMARA THOMPSON, and JOSHUA THOMPSON, h/w Plaintiffs V. Attorney for Defendant, Justin R. Stoner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 07-5751 JUSTIN ROBERT STONER Defendant JURY OF 12 DEMANDED MOTION TO MAKE RULE ABSOLUTE a s :.I to A °0 -n C J :" -1 1. On or about January 28, 2009, Defendant filed a Motion for Sanctions, seeking a. judgment of non pros against Plaintiffs for failing to make discovery to which Defendant was entitled. 2. On February 24, 2009, Plaintiffs' Counsel filed a Motion to Withdraw his representation of Plaintiffs on the grounds that Plaintiffs had failed to cooperate with Counsel in making the aforementioned discovery. 3. Following the issuance of a Rule upon Plaintiffs to show cause why their Counsel should not be permitted to withdraw his representation, Plaintiff's Counsel filed a Motion to Make Rule Absolute on February 23, 2011. 4. On February 28, 2011, The Honorable President Judge Kevin A. Hess issued an Order granting the Motion to Make Rule Absolute filed by Plaintiff's Counsel. 5. On March 14, 2011, Plaintiffs' Counsel withdrew his appearance upon the filing of a Praecipe. 6. On March 17, 2011, Defendant filed a Motion for Sanctions, seeking a judgment of non pros against Plaintiffs for failing to make discovery and failing to proceed with their case with reasonable promptitude. 7. On March 22, 2011, The Honorable President Judge Kevin A. Hess entered a. Rule upon Plaintiffs to show cause why the relief requested by Defendant should not be granted. The Rule was returnable within 30 days from the date of service of the Order. On March 29, 2011, Counsel for Defendant served a copy of the March 22, 2011 Rule to Show Cause upon Plaintiffs. (A true and correct copy of the March 29, 2011 letter to Plaintiffs is attached hereto as Exhibit A). 9. Thirty days have passed since the Plaintiffs were served with the Rule to Show Cause, and Plaintiffs have failed to respond to the Rule and show cause why the action should not be dismissed. 10. Defendant respectfully requests that This Honorable Court grant this Motion to Make Rule Absolute and enter the attached Order for judgment of non pros against Plaintiffs. WHEREFORE, Moving Defendant respectfully requests that This Honorable Court grant this Motion and dismiss Plaintiffs' claims. FORRY ULLMAN, PC By: _ 7/ // rw- M H SQUIRE Date: 0 FORRY ULLMAN, P.C. BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 - 5700 Attorney for Defendant, Justin R. Stoner TAMARA THOMPSON, and JOSHUA THOMPSON, h/w Plaintiffs V. JUSTIN ROBERT STONER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO: 07-5751 JURY OF 12 DEMANDED CERTIFICATE OF SERVICE I, JOSEPH F. MURPHY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute was mailed by first-class mail, on this date, addressed as follows: Tamara & Joshua Thompson 1932 Judy Lane Carlisle, PA 17013 Joseph F. Murphy, Esquire FORRY ULLMAN, PC 540 Court Street Reading, PA 19603 FORRY ULLMAN, PC By: ESQUIRE Date: ?/ EXHIBIT "A" 540 Court Street ; P.O. Box 542 ; Reading PA 19603 Pe 610.777.5700 1 rx 610.777-2499 Ullman attorneys at Law March 29, 2011 mara & Joshua Thompson I :;2 Judy Lane rlisle, PA 17013 Rye: Thompson v. Stoner Cumberland County CCP No. 2007-5751 Claim No. 060187551; D.O.L.10130106 Our File No. 601785 ;i i ar Mr. & Mrs. Thompson: JOSEPH F. MURPHY, ESQUIRE DIRECT DIAL: (610)568-1427 E-MAIL: jmurphy@forryullman.com Enclosed please find the March 22, 2011 Rule to Show Cause why the relief juested in Defendant's Motion for Sanctions should not be granted, which was issued The Honorable Kevin A. Hess. The Motion for Sanctions attached to the Rule is also r -,losed with this letter. Very truly ours, JOSEPH F. MU HY 1'11?'Maim i ;d closures Philadelphia ° King of Prussia . Reading . Bethlehem Scranton . Harrisburg i FORRY ULLMAN, P.C. BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777 -5700 TAMARA THOMPSON, and JOSHUA THOMPSON, h/w Plaintiffs V. JUSTIN ROBERT STONER Defendant Attorney for Defendant, Justin R. Stoner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO: 07 -5751 JURY OF 12 DEMANDED ORDER AND NOW, this o q? day of MaMh , 2011, upon consideration of Defendant's Second Motion for Sanctions, it is hereby ordered that a Rule is issued upon Plaintiffs to show cause why the relief requested by Moving Defendant should not be granted. The Rule is returnable within thirty (30) days from the date of service of this Order. BY THE COURT: ?f ?t_xx A. Na& J. he Honorable Kevin A. Hess TAMARA THOMPSON, and IN THE COURT OF COMMON PLEAS JOSHUA THOMPSON, h/w CUMBERLAND COUNTY, PA Plaintiffs V. CIVIL ACTION - LAW NO: 07-5751 JUSTIN ROBERT STONER Defendant JURY OF 12 DEMANDED ORDER_ .:. AND NOW, this so day of, 2011, upon consideration of - c c? Defendant's Motion to Make Rule Absolute, and Plaintiff's failure to show cause why the relief requested in Defendant's Motion for Sanctions should not be granted, it is hereby ORDERED that Defendant's Motion to Make Rule Absolute shall be GRANTED. The Prothonotary is directed to enter a judgment of non pros in favor of Defendant and against Plaintiffs. BY THE COURT: Judge Kevin A. Hess ??aseph F. Murphy, /? ` terra ra. + Joshua?ompson (?Pies OK46