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Home My WebLink About03-6548 DOUGLAS LAW OFFICE 27 W. mGH ST. POB2/il CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS. ESQ. Supreme Court 1.0.# 37926 Kintaro Otsuka In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 03 -- 6548 Civil Term Edwin C. Green Defendant Civil action law Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE AcrION WITHIN TWENTY DAYS AFfER 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 OBJEcrIONS TO THE CLAIMS sm FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 BY~~'~ DAlE: September 27,2004 Complaint 1. The plaintiff, Kintaro Otsuka, is an adult individual residing at 821 Greer Street, Indianapolis, Indiana. 2. The Defendant, Edwin C. Green, is an adult individual residing at 2519 10th Street, Altoona, Blair County, Pennsylvania. 3. On or about, December 26, 2001, the plaintiff walS operating his vehicle on the Pennsylvania Turnpike, in Cumberland County, Pennsylvania. 4. At about the same time and place, the defendant was operating his vehicle on said roadway. 5. The defendant's vehicle struck the rear of the plaintiffs vehicle. 6. The impact occurred as a direct and proximate result of the defendant's negligence. 7. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to operate his vehicle in a safe and prudent manner; d) failing to stop his vehicle before he collided with the plaintiff; e) failing to operate his vehicle in a safe and prudent manner. 8. As a direct and proximate result of the negligence of the defendant the plaintiff was injured, his injuries, and/ or aggravation of his pre-existing condition(s), include but are not limited to: a) injury to his nerves and nervous system; b) injury to his spine and supporting structures; c) injury to his hip and knee; 9. As a result of his injuries, the plaintiff has incurred medical expenses and other monetary losses in the past and may continue to incur the same in the future. 10. As a result of his injuries, the plaintiff has incurred great pain and suffering and will continue to incur the same in the future. 11. As a result of his injuries the plaintiff has incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and will continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. September 27, 2004 Respectf~ubmitt , "'~~ William P. Douglas, Attorney for PI . AFFIDAVIT I hereby swear or affirm that the foregoing is true aJnd correct to the best of my knowledge and/or information and belief This is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: September 27, 2004 "'JL ~_ William P. Douglas, Esq. () ~; .c..... -,:;b) nl11" ':;'::-"), .,;'/' ~ cr;,t, ~~t~': >":.( ~.;.~:~ .~ ,...., "'" ...-:> -"" cfl ~ N -J Q. :t...... fl'~- hi %'9 ~C) -,..(, :l~ ~1, ',~O ~.-[11 (2, 'D :...:: -'{l ::)l:: '-P. tv C1' Williilm P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790 Kintaro Otsuka In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 03- {p5Lf6 Civil Term Edwin C. Green 2519 10th Street Altoona PA 16601 Defendont Civil action law Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Edwin C. Green. . \~,Si - R. William P. Doug Attorney for date: December 22, 2003 c.~ ': .-> C..J = ....., d f'1 c' r-~') ,,-,, ,--, :;;.-(\ -' '-C-n i'nF~ -nn:.; )(1: --.-~,CJ :-:::: :;:~ -'to,: ~; ; , '. G Commonwealth of Pennsylvania County of Cumberland Kintaro Otsuka In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 03- b5't~ Civil Term Edwin C. Green 2519 10th Street Altoona PA 16601 Defendant Civil action law Jury Trial Demanded Writ of Summons To: Edwin C. Green 2519 10th Street Altoona P A 16601 You are hereby notified that Kintaro Otsuka has brought an action against you. ~ fl j'l J (' -+. 1'. ((0 hdlcila7' (JI lJ1NuUo . 1\ ~ vff1~ 4p dfJ f1h. Deputy !ttthbnotary date: December 22, 2003 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, P A 17013-0261 717-243-1790 Attorney for Plaintiff E ",C0 _. ,._ c:::.-:J c..::; r) r-, '-j 6'~~ c:/ ".J t....; ~ ~ ~ "* t 'q --- ~ ~ d --W W 'Z ~ - :x. \J '" ""t. ? ,,", ~ -- ,. =.:-1 fr;~ i~78 .~.:f(~ ;--.,,:.-' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06548 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTSUKA KINTARO VS GREEN EDWIN C R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GREEN EDWIN C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 15th , 2004 , this office was in receipt of the attached return from BLAIR Sheriff's Costs: Docketing Out of County Surcharge Dep Blair Co 18.00 9.00 10.00 23.50 .00 60.50 01/15/2004 WM DOUGLAS So answ~;::::-~. ..' .. ..."-->-"'. .~.......... -~~~/ R. Thomas Kline Sheriff of Cumberland County LAW OFFICE Sworn and subscribed to before me this P< J twf.... day of 9<dAA '7 ;loo'f A.D. Ci 0. ~"OJ::', ~othonotary"/ I In The Court of Common Pleas of Cumberland County, Pennsylvania Kintaro Otsuka VS. Edwin C. Green SERVE": same No. 03-6548 civil Now, December 31, 2003 ,I, SHERIFF OF CUMBERLAND COUNTY, PA,do hereby deputize the Sheriff of Blair 'County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~f'/ ,//27 r "'~~</r...e..::..-..r' Sheriff of Cumherland County, PA Affidavit of Service M. serveq the Now, ,20_, at o'clock within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ D.UE RECEIVED DATE PROCESSEI ,- 1,,) V SHERIFF'S DEPARTMENT BLAIR COUNTY. PENNSYLVANIA COURTHOUSE. HOLLlDAYSBURG. PA. 16648. I'NSTRUCTIONS. I \ I. \ 2_ COURT NUMBER I QI'\-\t1JrD Ot3~ _ O~.<.o~~ ~fJ7fi7r 3. DEFENDANT f 5 I , TYPE OF WAIT ~ C~LAINT e d. \ 1},\1'"\ <'_" (':)V'.tt.v'I _ LUv..;t- 0 r ~ SE.RVE { 5 NA'ME OF INDIVIDUAL. COMPANY, CORPORATION. ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE lEVIED. ATTACHED OR SOLO tt1-u,>';-(\ (l. G('~ . AT 6 ADD~51'iC\'R\DO%nIN~;; S"~ I eft \ ~O\ 7_ INDICATE UNUSUAL SERVICE: '!5JPERSONAL 0PEASON IN CHARGE DOEPUT1ZE DeERT_ MAll o REGISTERED MAil DpOSTED OOTHER NOW._ _. I. SHERIFF OF BLAIR . COUNTY, PA., do hereby deputize Ihe Sheriff of County to execute this Writ and make return thereof accordmg to law. This deputation being made at the request and risk of the plaintiff. _ SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN Prinl legibly. insuring readabilily of all copies. Do nOl detach any copies. 9CSO ENV." 1 PLAINTIFF I S f SHERIFF OF BLAIR COUNTY S, SPECIAL INSTRUCTIONS GROTHER INFORMATION THAT WilL ASSIST IN EXPEDITING SERVICE' NOTE ONLY ,\PPlICA8LE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or allaching <lny property under'l'lilhin writ may le~ve same 'N!!houl a walch:-llan, in custody of whomever is found in possession, after notilying person of levy or attachment, without liability on the part 01 sllch deouly or the S"eriff 10 any plarnlift herem 'or any loss, deslruction or removal of any such properly before sheriffs' sale ttH~feol. [0 TELEPHONE NUMBER 11. DATE r\^NA:UR:IC~ATTORNEY oc olh" D """'"9' '"";1~ tl"J1>LAlNTiFF ~z-ed. ~.. ~ . OOEFENDANT S;;;1E BELOW FOR USE F SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE I acknQl'llec,,;e feC'p'or ,1! Ihe wr,r { SIGNATUR ~zec! 'lFso Derttl~or _Ctfl~ a~d r,t:_ I 13 Dlar:..:;e~e_~ L1 I 14 Ei_lra~nl'H_"ormg ~ale ~ 2 Of comOllainl 'IS ,"dlcarer! above c) c..J..A..Q.;,. y~ _~ \....Q . -V T /- ~ '"t 15 I .,~rr!by CERTIFy and RETURN that! 0 have personally served. ~have served person In charge, LJ have teQal eVidence of SN"'lI::e as shown In 'Remark:s' (on reversel Onav!' ros{Q(1 :~e above descnbed rrOD~r!y wilh the writ or comptalnt deSCribed on the i(ldiv,dual, company. corporation. etc. al tn!;' addres~ shown above or on the indi""dual, cor.-,Pi1r':V cmooral,o~ c!<:; . at the address Inserted below by hand ingJor Posling a TRUE and ATTESTED COpy thsreof ---- 15 Q! n'!fI~by (:t'rll!y i'lnd rew~n a NOT FOUND b<?cause I am unabte 10 ~care Ihe ,(1d;v,clual 17 N,~me and hl)e o! 'ndiVldlJf<t ser...ed Compilny, COrporiltion, etc., named above (See remarKS below) 118 A perSOn of SUltabte age i\nd discretion then reslI:1lflq In the defendanfs usual placa o!abOde. 0 20 Dale of Service 21. Time I ~ad Order ~~ &~ ,-rJ .~- 19. Adaress 0' ......here server! (compl'3'le only i! dilferent !nan shown above) (Streel Of RFD, Aparlmflnt No., C'ly. 80ro. Two, State and ZIP Cede) --',~.. _,1'\'~~ \ -l. ~.., r; VS- 22 ATTEMPTS i D... MH", D.p. Inl.! Dot. J Moles I Dep Inl I Dot, lSD'~oo'"Bl'~ \CX{W~ 12~.~o 126 . 100 Miles Dep. Inl.l Date I MH" Dep. 127 Total Costs c - ~~~-.lllr cJc3 .SO Inl. I O.t. I Mites I I " COST OUE OR REFUNO l~:so- Dep, Int. 30. REMARKS L 18Y {SI1erl!llDep day of /;( >L/ ()~ SO ANSWER. / .al rieco I . , Blair COunty My CommIssiooExpires Apr. 3, 2007 MY COMMISSION c.X:-"w-It::~b 0_ -- IVMiIm or,n.lnll3~VCl(l;d~Uon~- t ACKNOWLEDGE RECEIPT OF THE SHEFUH'S RETURN SIGNATURE ____g.F AUTHORIZED ISSUING AUTHOqITY AND TITLE. Dale H,OY Dale 139 Date Recei,..ed IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION NO. 03-654:3 v. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) EDWIN C. GREEN, Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. \.0. #8:3058 SUMMERS, McDONNELL, WALSH and SKEEL, L.LP. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901..5916 #13029 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KINTARO OTSUKA, Plaintiff, NO. 03-6548 v. EDWIN C. GREEN, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Walsh & Skeel, L.L.P., on behalf of the Defendant, Edwin C. Green, in the above case. JURY TRIAL DEMANDED Respectfully submittedl, WALSH & SKEEL L.L.P. By: CERTIFICATE OF SERVICE~ I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe of Appearance has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of ,2004. William P. Douglas, Esquin:l Douglas Law Firm 27 W. High Street Carlisle, PA 17013 By: in . auch, Esquire Counsel for Defendant () ....., 0 = c: t::::) "'TI _C""' "''"' C.'} ::::J '"' :- , r'l nir~:!.' [1-] [ . V urn - 1 ~j:JO (,'~. -../ 0,') -. '- :=(=;.: ~:';;.: l::; ( )..",..... t"", ::x: '':'~ :i> (~- 1'-) :::)' -..t ..c:_ 't;,; :2 (,) Xl 0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) EDWIN C. GREEN, Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13029 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 EDWIN C. GREEN, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Kintaro Otsuka, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL By: . Rauch, Esquire Attorney for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Rule to File Complaint has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of ,2004. William P. Douglas, Esquire Douglas Law Office 27 W. High Street Carlisle, PA 17013 By: Kevin D. Rauch, Esquire Attorney for Defendant o c ....., c:;:;> c~;:] ..- (/) In{; -,J f'.) o ,~ (/.' o -n .-\ -r-r; i~~~ G~\ ~-,' i.~) ) (r1 \.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KINTARO OTSUKA, Plaintiff , NO. 03-6548 v. (Jury Trial Demanded) EDWIN C. GREEN, Defendant. RULE AND NOW, this /2()+~ , day of .Q~W1~PJ.1 ' 2004, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this ;;)/')...J-l day of 52pp-J-~y"Y"\~;R... ,2004. (!M-iA /1{ ~ Prothonotary ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION NO. 03-6548 v. EDWIN C. GREEN, Defendant. ANSWER ANID NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be ntere gai st you. Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13029 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 EDWIN C. GREEN, Defendant. (Jury Trial Demanded) ANSWER AND NEW MA TTEI~ AND NOW, comes the Defendant, Edwin C. Green, by and through and his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Paragraph 6 states a legal conclusion to whiGh no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 and all its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and all its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Edwin C. Green, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 14. Some and/or all of the Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to 'either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 15. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this De!fendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non-economic damages. 16. The Defendants plead any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiffs in this action. 17. The accident occurred as a result of a suddE~n medical emergency which caused Defendant to lose control of his vehicle and impact the rear end of Plaintiffs vehicle. WHEREFORE, Defendant, Edwin C. Green, respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.l..P. By VERI FICA TION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MA ITER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: /tl.ll~]/ I , ~ c7~~ Edwin C. Green #13029 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ;) 1 tb- day of ~~ , 2004: William P. Douglas, Esquire Douglas Law Office 27 W. High Street Carlisle, PA 17013 o G; ... ~rJl (Il ..~ -< . r-~A, ~. ~ l.~: ??;C ~;;:C) ~ 1"- ~- ~ -( r--.3 = c::::::> .x- c:> CJ -I f',.) '-'> -0 :JC ':! o ...- o '1 ....... :c rn :JJ r- ~B? 00 :?--r ~-d 7 ("'5 t5rn :;-1 ~j -< " DOUGLAS LAW OFFICE 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA 17013 717-243-1790 ATTORNEY FOR PLAINTIFF KINT ARO OTSUKA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CML ACTION - LAW NO. 03-6548 CIVIL TERM JURY TRIAL DEMANDED EDWIN C. GREEN Defendant REPLY TO NEW MATTER 13. Denied as a legal conclusion to which no response is necessary. It is further alleged that the plaintiff was not a resident of the Commonwealth of Pennsylvania and was not driving a vehicle registered in Pennsylvania. Therefore, the Pennsylvania Motor Vehicle Financial Responsibility Law does not apply. 14. Denied as a legal conclusion to which no response is necessary. It is further alleged that the plaintiff was not a resident of the Commonwealth of Pennsylvania and was not driving a vehicle registered in Pennsylvania. Therefore, the Pennsylvania Motor Vehicle Financial Responsibility Law does not apply. 15. Denied as a legal conclusion to which no response is necessary. It is further alleged that the plaintiff was not a resident of the Commonwealth of Pennsylvania and was not driving a vehicle registered in Pennsylvania. Therefore, the Pennsylvania Motor Vehicle Financial Responsibility Law does not apply. 16. Denied as a legal conclusion to which no response is necessary. 17. Denied. After reasonable investigation, the plaintiff is unable to determine the truth of the averment and strict proof thereof is demanded. WHEREFORE, it is prayed that the New Matter of the defendant be dismissed and judgment entered in favor of the plaintiff. Dated: November 15,2004 \~~~ William P. Douglas Attorney for Plaintiff AFFIDAVIT This verification is made pursuant to Pa. R.c.P. 1024(c) by counsel for the plaintiff. To the best of signer's knowledge, information and belief, the foregoing is true and correct. November 15, 2004 .,10-'''1''-". ~:J r'"'' t'-.; < J .....- CJ "11 :~~ i:i T' ,_.. J,\I-n - ~~J (r.J ~: / ~,1i;~ ,;=-1,', ~\ f~~ I ..1,:->' . ,) :~~<... ....-.... ..~ ' 0) ..:~: c.,) U1 ~o ..< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION NO. 03-6548 v. EDWIN C. GREEN, Defendant. MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13029 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 EDWIN C. GREEN, Defendant. (Jury Trial Demanded) MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES AND NOW, comes the Defendant, Edwin C. Green, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery Answers and Responses and in support thereof avers the following: 1. On September 17, 2004, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated September 17, 2004, is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiff's Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by November 1,2004. 3. On November 1, 2004, Defendant's counsel forwarded a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated November 1, 2004, is attached hereto as Exhibit "B".) 4. On December 7, 2004, Defendant's counsel forwarded another letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated December 7, 2004, is attached hereto as Exhibit "C".) 5. To date, Defendant has not received any response from Plaintiff or Plaintiff's counsel regarding Defendant's Interrogatories or Request for Production of Documents or the correspondence enumerated above. 6. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 7. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 8. Counsel for Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. WHEREFORE, Defendant, Edwin C. Green, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff. Respectfully submitted, Date: \J - ).l-~ '1 dock, /'. SUMMERS, Ml JONNELL, WALSH l_ SKEEL, L.L.R A TTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL PAUL J. WALSH III' PETER B. SKEEL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PAMELA V. COLUS PATRICK M. CONNELLY' JEFFREY C. CATANZARITE ANNE M. PAUL MARl'll'. K. BLACKMER KEVIN D. RAUCH HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE, P A 17043 PHONE,717-901-5916 FAX: 717-920-9129 ADAM M. BARNES' GUY E. BLASS ERIN M. BRAUN JAMES A. DEFRANK TODO M. FERENCAK MARK J. GOLEN JASON A. HINES JENNIFER M. IRVIN SUMMERLY E. KULIK STEVEN L. MINNICH COLLEEN P. MURRAY NATALIE A. TROILO' AMY N. WILLIAMSON TRISHA A. ZAKEN GINA M. ZUMPELLA September 17, 2004 , ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 27 W. High Street Carlisle, PA 17013 RE: Otsuka v. Green Our File No. 13029 Dear Mr. Douglas: Enclosed please find Defendant's Interrogatories and Request for Production of Documents to Plaintiff in the above-captioned matter. Kindly respond to the same within the time frame established by the applicable Rules of Civil Procedure. Thank you for your attention and anticipated cooperation in this regard. Very truly yours, /j ') - Ii Kevin D. Rauch KDR:rkw Enclosures PITTSBURGH OFFICE: GULF TOWER. SUITE 2400. 707 GRANT STREET. PITTSBURGH. PI'. 15219 PHONE: 412~26 1-3232 FAX 412:-261-3239 / III STEPHEN J. SUMMERS f THOMAS A. MCDONNELL i JOSEPH A. HUDOCK. JR. .! GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY" JEFFREY C. CATANZARITE ANNE M. PAUL KEVIN D. RAUCH S UMM,J:::RS, McDoNNELL, cb~THRIE & SKEEL, A TTORNEYS AT LAW I7J~DOCK , L :::. . R HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-S1129 JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN COLLEEN P. KARTYCHAK BRETT L. HUSTON ROBERT J. FISHER. JR. "ALSO ADMITTED IN WV November 1 , 2004 William P. Douglas, Esquire Douglas Law Office 27 W. High Street Carlisle, PA 17013 RE: Otsuka v. Green Our File No. 13029 Dear Mr. Douglas: In review of my file, I noticed that I have not yet received your discovery responses or executed authorizations in the above-captioned case. Please provide me with the same at your earliest convenience. If you should have any questions, please feel free to contact me. Thank you. /tt\ly~urs: f~J KDR:rkw PITTSBURGH OFFICE: GULF TOWER, SUITE 2400.707 GRANT STREET, PITTSBURGH. PA 152'9 PHONE 412.261.32.32- FAX 412-261-32.39 ~ S'UMf1FRS, McDoNNELL, '!7--fDOCK, ~~THRIE & SKEEL, L.":.R A TTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE ANNE M. PAUL KEVIN D. RAUCH HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN COLLEEN P. KARTYCHAK BRETT L. HUSTON ROBERT J. FISHER. JR. * ALSO ADMITTED IN WV December 7 J 2004 William P. Douglas, Esquire Douglas Law Office 27 W. High Street Carlisle, PA 17013 RE: Otsuka v. Green Our File No. 13029 Dear Mr. Douglas: Enclosed please find a Motion to Compel discovery responses regarding the above-referenced matter. If I do not receive your discovery responses by Tuesday, December 14, 2004, I will file this Motion with the court. If you should have any questions regarding the above, please do not hesitate to contact me. Thank you. KDR:laz Enclosure . "PiTTse'UR'GH OFFlCE;-GuLF'''-;WER.'Su,-rE:;;.;oo.707G';'AN:r' STREET.P,TTSBUR~~-:-P;-lS21 ;--- PHONE 412-261-3232 FAX 412-261-.3239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 EDWIN C. GREEN, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2004, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Kintaro Otsuka, provide Defendant, Edwin D. Green, with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. J. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES has been mailed by U.S. Mail to t-t., counsel of record via first class mail, postage pre-paid, this J 7 day of ~A/\... ,2004: William P. Douglas, Esquire Douglas Law Office 27 W. High Street Carlisle, PA 17013 (") "" f; C::;) ~ <::;) ..t::- '"-tJCf? <::.:1 :r rp~, ", ~-!~.j C"? Ol:n Zr r- (/) J-". '" :Of? :::<~':.' \0 -0 ~U OQ ~O " :C-r' ..c::.c ::lr. 0-.1 )> _.J 2'0 c: :.-s 1T1 Z -:-/ '::;! ~ .,~ \.0 , KINT ARO OTSUKA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 03-6548 CIVIL EDWIN C. GREEN, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ANSWERS ORDER AND NOW, this J/~ day of January, 2005, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, ~ 11 ~ b \,,\\' 1'7LEt)-0i~cr'r: OF TL":: DC""'" ,,,,7';::'''' . -ne: r, '~_J!h'.j!\';}iAt,H( h , . 2005 JAN II AN fO: 51 CI /1:..... '. \..,I) lI',: ,"~ "" ~ . !, ,'/ 'I 11-\ ;'1)1 ,.:..;'" "... .... '-'..,! 'I';- 1~'t:.Ni\j.sv!. ! ~:,'I1'.1 ~ . .. ! - ,/, ll'll;--i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION NO. 03-6548 v. EDWIN C. GREEN, Defendant. MOTION TO COMPEL (EXECUTED AUTHORIZATIONS) (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13029 . ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 EDWIN C. GREEN, Defendant. (Jury Trial Demanded) MOTION TO COMPEL (EXECUTED AUTHORIZATIONS) AND NOW, comes the Defendant, Edwin C. Green, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Andrew D. Zeiter, Esquire, and files the following Motion to Compel Executed Authorizations and in support thereof avers the following: 1. This case is based on a motor vehicle accident which occurred on December 26, 2001. 2. On July 21, 2006, Defendant forwarded an authorization to obtain Plaintiffs employment records from Alpine Electronics of America, Inc. (A true and complete copy of correspondence between the parties dated July 21, 2006, is attached hereto as Exhibit "A".) 3. There is an issue involving whether the Plaintiff had available private health insurance through this employer on the date of the subject accident. Accordingly, it is vital for the proper defense of this lawsuit that the Defendant determine if such insurance existed. If it did, any benefits paid or payable thereunder would be precluded at the time of trial. 4. The Defendant sent a follow-up letter requesting the executed authorization for the employment records from Alpine Electronics on August 11, 2006. (A true and correct copy of correspondence between the parties dated August 11,2006, is attached hereto as Exhibit "B".) 5. On September 15, 2006, the Defendant forwarded an authorization to obtain the Plaintiffs first party benefits file from State Farm Insurance Company with reference to a prior motor vehicle accident which occurred on December 22, 2000. These records are necessary to allow for a thorough determination as to whether the Plaintiff had sustained any prior relevant injuries. (A true and correct copy of the correspondence between the parties dated September 15, 2006, is attached hereto as Exhibit "C".) 6. On October 3, 2006, Defendant forwarded a second letter requesting that Plaintiff provide an executed authorization to obtain the first party benefits file regarding the prior motor vehicle accident. 7. To date, Defendant has not received executed authorizations for either the Plaintiffs employment records from Alpine Electronics or the first party benefits file from State Farm Insurance Company regarding the accident of December 22,2000. 8. It is necessary for the proper defense of this lawsuit that Defendant have access to all relevant records and documentation through the course of discovery. 9. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with executed authorizations for the release of the employment records from Alpine Electronics and the first party benefits file from State Farm Insurance Company within twenty (20) days or suffer sanctions. 10. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defense Counsel, however, the executed authorizations have not been received by Defendant's counsel. WHEREFORE, Defendant, Edwin C. Green, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with executed authorizations as described above. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Date: /1 / I ~/ () (;, ~ ~ By:, . ~1::< ~ - evin D. Rauch, ESqU~ Andrew D. Zeiter, Esquire Attorneys for Defendant, Edwin C. Green / SUMMf-~S, McDoNNELL, GLrHRIE & SKEEL, A TTORNEYS AT LAW Htl:DOCK, L . 'L . R STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY. JEFFREY C. CATANZARITE KEVIN D. RAUCH HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE. PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P. WRONA July 21, 2006 · ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Otsuka v. Green Our File No. 13029 Dear Mr. Douglas: Please be advised that I received notification from the Plaintiffs employer at the time of the accident, Alpine Electronics of America, Inc., indicating that they would not accept the subpoena of your client's employment records. Enclosed please find an authorization for the release of the Plaintiffs employment records. Kindly have your client execute the authorization and return it to me at your earliest convenience. If you should have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, ~ Andrew D. Zeit ADZ:lam Enclosure PITTSBURGH OFFICE: GULF TOWER, SUITE 2400. 707 GRANT STREET. PITTSBURGH. PA 15219 PHONE 412-261-3232 FAX 412-261-3239 "" ~ SUMMERS, McDoNNELL, y'JDOCK, c[ .lTHRIE & SKEEL, L-.L..F! ATTORNEYS AT LAW .,,; JASON A. HINES ERIN M. BRAUN GUY E. BI-ASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER. JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P. WRONA STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE. PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 August 11, 2006 * ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Otsuka v. Green Our File No. 13029 Dear Mr. Douglas: In review of my file, I noticed that I have not yet received the executed authorization for the release ot the Plaintitrs employment records from Alpine Electronic Manufacturer of America in the above-referenced matter. Kindly forward the executed authorization to my office at your earliest convenience. Should you have any questions, please feel free to contact me. Thank you. Very truly yours, ADZ:lam PITTSBt,1RGH OFFICE: GULF TOWER. SUITE 2400. 707 GRANT STREET. PITTSBURGH. PA 1S219 PHONE 412-261.3232 FAX 412-261-3239 SUMMERS, McDoNNELL, HUDOCK, GUTHRIE & SKEEL, L.L.~ A TTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L.. HUSTON ROBERT J. FISHER. JR. KIMBERLY L.. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. L.OPICCOLO JASON P. WRONA HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 September 15, 2006 * ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Otsuka v. Green Our File No. 13029 Dear Mr. Douglas: Enclosed please find an authorization for the release of the Plaintiff's first party benefits file with State Farm Insurance Company regarding the prior motor vehicle accident of December 22, 2000. Further, kindly advise as to whether you have been able to procure Attorney Waddick's discoverable file regarding that accident. Further, kindly forward a revised demand at your earliest convenience. If you should have any questions, please do not hesitate to contact me. Thank you. Very truly yours, '~e~;;~yAf ADZ:lam Enclosure PITTSBURGH OFFICE: GULF TOWER. SUITE 2400, 707 GRANT STREET. PITTSBURGH. PA 15219 PHONE 412-261-3232 FAX 412.261.3239 . . '. . - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL EXECUTED AUTHORIZATIONS WITHIN COURSE AND SCOPE OF DISCOVERY has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this -' b\l. day of ~ ' 2006: William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ~;:q~~ Andrew D. Zeiter, Esquire Attorneys for Defendant, Edwin C. Green o -n --I T..,.-, {-11 r:=, , ;-' ;c. --: l~) ...~.! ""1 I 4J -,~,-~ '~ ,~f (~ '\ "\." "0 :< r:.;, r'~,) .~,~,.J KINT ARO OTSUKA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 03-6548 CIVIL EDWIN C. GREEN, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this .2. /' day of November, 2006, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, ,~J. 11-- cJ./-of.R ~ ~ J'H5 '\'f'\\D .~ \" ", ~..\ i"'~f' J'.L\'\\ \ 7.\J~\\W~ \., ~.("\~, ui',r\1 to I\UII\ Jl.ll.lv ;;'0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 MOTION TO MAKE RULE ABSOLUTE (Jury Trial Demanded) EDWIN C. GREEN, Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #13029 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 EDWIN C. GREEN, Defendant. (Jury Trial Demanded) MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Edwin C. Green, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Make Rule Absolute and in support thereof avers as follows: 1. On November 17, 2006, the Petitioner filed a Petition for Rule to Show Cause to compel executed authorizations. (A true and correct copy of the Petition for Rule to Show Cause is attached hereto as Exhibit A.) 2. The Court entered an Order granting the Rule to Show Cause on November 21, 2006. (A true and correct copy of the Order granting the Rule to Show Cause is attached hereto as Exhibit B.) 3. The Petitioner provided a copy of the executed Rule to Show Cause to Respondent's counsel on November 29, 2006. (A true and correct copy of the correspondence is attached hereto as Exhibit C.) 4. To date, neither the Respondent nor counsel has filed or served an answer to the Petition. 5. The Petitioner requests the Court grant the Motion for Rule Absolute, and admit all averments of fact contained in the Petition for Rule to Show Cause, and enter the attached Order to Compel. WHEREFORE, the Petitioner, State Farm Insurance Company, respectfully requests this Honorable Court grant the Motion to Make Rule Absolute and enter the enclosed Order compelling Respondent and/or counsel to provide executed authorizations. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ~]).~ Kevin D. Rauch, Esquire .~ Counsel for Defendant II' ./.. /3t5df IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, v. EDWIN C. GREEN, Defendant. #13029 CIVIL DIVISION NO. 03-6548 MOTION TO COMPEL (EXECUTED AUTHORIZATIONS) (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTAROOTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 EDWIN C. GREEN, Defendant. (Jury Trial Demanded) MOTION TO COMPEL (EXECUTED AUTHORIZATIONS) AND NOW, comes the Defendant, Edwin C. Green, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Andrew D. Zeiter, Esquire, and files the following Motion to Compel Executed Authorizations and in support thereof avers the following: 1. This case is based on a motor vehicle accident which occurred on December 26, 2001. 2. On July 21, 2006, Defendant forwarded an authorization to obtain Plaintiff's employment records from Alpine Electronics of America, Inc. (A true and complete copy of correspondence between the parties dated July 21, 2006, is attached hereto as Exhibit "A".) 3. There is an issue involving whether the Plaintiff had available private health insurance through this employer on the date of the subject accident. Accordingly, it is vital for the proper defense of this lawsuit that the Defendant determine if such insurance existed. If it did, any benefits paid or payable thereunder would be precluded at the time of trial. 4. The Defendant sent a follow-up letter requesting the executed authorization for the employment records from Alpine Electronics on August 11, 2006. (A true and correct copy of correspondence between the parties dated August 11, 2006, is attached hereto as Exhibit "B".) 5. On September 15, 2006, the Defendant forwarded an authorization to obtain the Plaintiff's first party benefits file from State Farm Insurance Company with reference to a prior motor vehicle accident which occurred on December 22, 2000. These records are necessary to allow for a thorough determination as to whether the Plaintiff had sustained any prior relevant injuries. (A true and correct copy of the correspondence between the parties dated September 15, 2006, is attached hereto as Exhibit "C".) 6. On October 3, 2006, Defendant forwarded a second letter requesting that Plaintiff provide an executed authorization to obtain the first party benefits file regarding the prior motor vehicle accident. 7. To date, Defendant has not received executed authorizations for either the Plaintiffs employment records from Alpine Electronics or the first party benefits file from State Farm Insurance Company regarding the accident of December 22,2000. 8. It is necessary for the proper defense of this lawsuit that Defendant have access to all relevant records and documentation through the course of discovery. 9. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with executed authorizations for the release of the employment records from Alpine Electronics and the first party benefits file from State Farm Insurance Company within twenty (20) days or suffer sanctions. 10. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defense Counsel, however, the executed authorizations have not been received by Defendant's counsel. WHEREFORE, Defendant, Edwin C. Green, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with executed authorizations as described above. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Date: 11/1~/()0 BY:'~~ ~ evin D. Rauch, Esqu' Andrew D. Zeiter, Esquire Attorneys for Defendant, Edwin C. Green / .~ SUMMf-qS, McDoNNELL, Ht"(DOCK, Gb.-rHRIE & SKEEL, L.L..R A TTORNEYS AT LAW u- STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR. GREGG A. GUTH~'E PETER B. SKEEl. PATRICK M. CONNEl.LY* JEFFREY C. CATANZARITE KEVIN D. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER. JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P. WRONA HARRISBURG OFFiCE: 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 July 21, 2006 * ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O, Box 261 Carlisle, PA 17013-0261 RE: Otsuka v. Green Our File No. 13029 Dear Mr. DoUglas: Please be advised that I received notification from the Plaintiffs employer at the time of the accident, Alpine Electronics of America, Inc., indicating that they would not accept the subpoena of your client's employment records. Enclosed please find an authorization for the release of the Plaintiffs employment records. Kindly have your client execute the authorization and return it to me at your earliest convenience. If you should have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, ~ Andrew D. Zeit ADZ:lam Enclosure PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREEl; PITTSBURGH. PA 15219 PHONE 412-<;:61-3232 FAX 412-261-3239 ,.,. " SUMMERS, McDoNNELL, I(~JDOCK, . c( ITHRIE & SKEEL, L.J-.F? ATTORNEYS AT LAW <. ".' , STEPHEN J. SUMMERS THOMAS A. MCOONNEL!. JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY" JEFFREY C. CATANZARITE KEVIN D. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETI' L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P. WRONA HARRISBURG OFFICE:: 1017 MUMMA ROAD LEMOYNE. P A 17043 PHONE: 717-901-5916' FAX: 717-920-9129 August 11, 2006 "ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Otsuka v. Green Our File No. 13029 DE3ar Mr. Douglas: I n review of my' file, I noticed that I have not yet received the executed authorization for the release ot the Plaintiffs employment records from Alpine Electronic Manufacturer of America in the above-referenced matter. Kindly forward the executed authorization to my office at your earliest convenience. Should you have any questions, please feel free to contact me. Thank you. Very truly.yours, ADZ:lam PITTSBI,JRGH OFFICE: GULF TOWER. SUITE 2400. 707 GRANT STREET. PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412-261-3239 SUMMERS, McDoNNELL, HUDOCK, GUTHRIE & SKEEL, L.L.F! A TTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCOONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE . PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. iRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER. JR. KIMBERLY L. HENSLEY A"!DREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P. WRONA HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE. PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 September 15, 2006 * ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Otsuka v. Green Our File No. 13029 Dear Mr. Douglas: Enclosed please find an authorization for the release of the Plaintiff's first party benefits file with State Farm Insurance Company regarding the prior motor vehicle accident of December 22, 2000. Further, kindly advise as to whether you have been able to procure Attorney Waddick's discoverable file regarding that accident. Further, kindly forward a revised demand at your earliest convenience. If you should have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~2?~vif Andrew D. Zeit~~ ADZ:lam Enclosure PITTSBURGH OFFICE: GULF TOWER. SUI:rE 2400. 707 GRANT STREET. PITTSBURGH. PA 15219 PHONE 412.261.3232 - FAX 412.261-3239 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL EXECUTED AUTHORIZATIONS WITHIN COURSE AND SCOPE OF DISCOVERY has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this -f ~ day Of'J\~ ,2006: William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ~D~ - evin D. Rauch, Esq Andrew D. Zeiter, EsqUire Attorneys for Defendant, Edwin C. Green "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION v. NO. 03-6548 EDWIN C. GREEN, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2006, it is hereby .' ORDERED, ADJUDGED, and DECREED that Plaintiff, Kintaro Ots_uka, provide Defendant, Edwin C. Green, with executed authorizations for the release of the employment records from Alpine Electronics of America, Inc., and the first party benefits file from State Farm Insurance Company regarding the prior motor vehicle accident of December 22, 2000, within twenty (20) days of the date of this Order. BY THE COURT: J. ;jo;L9 KINT ARO OTSUKA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 03-6548 CIVIL EDWIN C. GREEN, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW; this ,2. /,.. day of November, 2006, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. -This rule returnable twenty (20) days after service. BY THE COURT, -/1;1 ~ ("Qpy F~.. .~ ~..., Mlttereot ~.",'" RecoRD .- ... .., or .sa,o ,~ I here unto set '" . ", "~r{t,, Carll my., Gay i J-1Y 611 SIe. Pa ~/ -~, ~ / , ~ ----~ rv SUMMERS, McDoNNELL, GUTHRIE & SKEEL, A TTORNEYS AT LAW HUDOCK, L.L.R STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY. JEFFREY C. CATANZARITE KEVIN D. RAUCH JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER. JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P. WRONA HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE. PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 November 29,2006 . ALSO ADMITTED IN WV William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Otsuka v. Green Our File No. 13029 Dear Mr. Douglas: Enclosed please find a Rule to Show Cause executed by the court regarding the Motion to Compel Executed Authorizations. If you should have any questions, please feel free to contact me. Thank you. Very truly yours, ~? Andrew D. Zeiter ADZ:lam Enclosure PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET, PITTSBURGH. PA 15219 PHONE 412-261-3232 FAX 412.261.3239 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO MAKE RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~ day of January, 2007: William P. Douglas, Esquire Douglas Law Office 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY:~ 'D, ~1 evin D. Rauch, Esquire ~ Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KINTARO OTSUKA, Plaintiff, NO. 03-6548 v. EDWIN C. GREEN, Defendant. (Jury Trial Demanded) ORDER AND NOW, to whit, this , day of , 2007, after reasonable notice and an opportunity for hearing having been provided to all interested parties, it is hereby ORDERED, ADJUDGED, and DECREED that the Respondent and/or counsel produce to the Petitioner the executed authorizations for the employment records from Alpine Electronics America and the first party benefits file from State Farm Insurance Company for the date of loss of December 22, 2000. J. ---- (') c: ~ -VCl rpq; 7f~: c.'/),;, .~ ~t'j < ~8 >c z ~ ~ c:::ll --' C- ~ , ... ~ ~~ i~ 2m ~ C> ~ ex> -0 :x <i! 'JAM II zOO7,^/lL; ~( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KINTARO OTSUKA, Plaintiff, NO. 03-6548 v. EDWIN C. GREEN, Defendant. (Jury Trial Demanded) ORDER AND NOW, to whit, this 'Zr , day of ~~.-I) , 2007, after reasonable notice and an opportunity for hearing having been provided to all interested parties, it is hereby ORDERED, ADJUDGED, and DECREED that the Respondent and/or counsel produce to the Petitioner the executed authorizations for the employment records from Alpine Electronics America and the first party benefits file from State Farm Insurance Company for the date of loss of December 22,2000. J. ~i ~rl ;~t~r ~ ~ '>--6 t~ \iif\f'v'/\ 1.\S!'~ r'~jd IlN1r','- ," ,"" ,. , . .,~, ,1', ""ni""; 1\ ,J!"r"', ,"~ :,:~ ._'>::~ ~ .....J 62 :8 'lId S2 NVr LOOl A. " " "" Ii', ,'r.I!j ""Hl .:10 j..!""11l;"\' "~'; .,,", , _J . \...I'lJ.... I......,.,;!l....:..~"-' ...ll 3~)H~iO-(]jll:l KINTARO OTSUKA, Plaintiff Vs EDWIN C. GREEN, Defendant To the Court: Kintaro Otsuka Print Name WILLIAM P. DOUGLAS intends to proceed with the above clapl oned matter. Sign Name ?J'A': /,e, ?? - Date:- 91/111/i n Attorney for p I ,int i f f _-?- Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule o(civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of' these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of rnatters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." if a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where Me action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rulc230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The tirnme, of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of die order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). Q. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. 0 03-6548 C Case No . "C3 L*3 ?i _J ZD Statement of Intention to Proceed w I U-x T _n yFn T? i m 5 b , 1 SEP 3 0 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, V. EDWIN C. GREEN, Defendant. CIVIL DIVISION NO. 03-6548 (Jury Trial Demanded) RF ER AND NOW, this 30 day of , 2010, upon consideration of the Defendant's Motion for Status Conference, it is hereby ordered that a Status Conference shall be held on azw4t d`1 , 016la in Courtroom - of the Cumberland County Courthouse. x&- /)1??, ,y , J. Distribution List: Seth T. Black, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 illiam P. Douglas, Esquire, Douglas Law Office; 27 W. High Street, P.O. Box 261 Carlisle, PA 17013-0261 A ( L 171 L Sr 'C?/:3 e5 !d `fir ? ^ d V C- W _ jEr1 CO : 7 KINTARO OTSUKA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW 03-6548 CIVIL EDWIN C. GREEN, Defendant JURY TRIAL DEMANDED IN RE: MOTION FOR STATUS CONFERENCE ORDER AND NOW, this s ~ day of October, 2010, the status conference in the above-captioned matter set for October 27, 2010, is rescheduled to Friday, October 22, 2010, at 11:00 a.m. /william Douglas, Esquire For the Plaintiff ~th T. Black, Esquire For the Defendant :rlm BY THE COURT, Kevin .Hess, J. ~w ~., ~'~ s ~ ~, ~~~ ~ r°a ~ ~ ~-_ f/7 ~ ~ -"~ ~-a ~ '"°'{ C~7 ti T~ ~~ - ~YY,, C,d ~I -.~ ~ ~.'w ~'rT ~~ •*k. ~.y .,: ~ ~ N ""~ ~~ .~ - ~ .s7 y , KINTARO OTSUKA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW 03-6548 CIVIL EDWIN C. GREEN, Defendant JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this L 2 "'=~ day of October, 2010, following status conference with counsel, it is ordered and directed that previously sought employment records from Alpine Electronics of America shall be furnished by counsel for the plaintiff to counsel for the defendant on or before the close of business on February 1, 2011. In the event that said records are not produced on or before that date, the Court, on motion of the defendant, will impose as a sanction, as of course, that the plaintiff shall be precluded from adducing any testimony concerning economic loss at the time of trial. BY THE COURT, Kevi .Hess, J. illiam Douglas, Esquire For the Plaintiff eth T. Black, Esquire For the Defendant :rlm ~t F ~ rn~.c l£d~- ! a~~.r~lo .`_L'~{ ~~~ c ~~ rn~ ~~' ~ ~° ~~ ,.~D r~ d ~xo v~ -< a 0 c-~ -~ c~ ~• caa c~ csi -R ~~ o° o-'~n o~ --+~ s- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, V. EDWIN C. GREEN, Defendant. CIVIL DIVISION NO. 03-6548 (Jury Trial Demanded) ORDER AND NOW, this 9" , day of February, 2011, upon consideration of the Defendant's Motion for Sanctions, it is hereby ordered that the Plaintiff, Kintaro Otsuka, shall be precluded from recovering any economic damages at the time of trial. Distribution List: -/l/% ?Seth T. Black Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 ailed Mechanicsburg, PA 17050 cop'e's q ?r William P. Douglas, Esquire al' Douglas Law Office Q 27 W. High Street, P.O. Box 261 Carlisle, PA 17013-0261 Co =. =? w -r -* C: C ? C.) -11 T? C-) c? 3. C) E i:.. 117 PRAECIPE FOR LISTING CASE FOR TRIAL 17 PM 2: n (Must be typewritten and submitted in triplicate) D 1?+ r-kf TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Kintaro Otsuka (check one) Q Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) VS. Edwin C. Green The trial list will be called on 6/21/11 and Trials commence on 7/18/11 (Defendant) Pretrials will be held on 7/6/11 vs. (Briefs are due S days before pretrials No 6548 2003 Term Indicate the attorney who will try case for the party who files this praecipe: Seth T. Black, Esquire Indicate trial counsel for other parties if known: William Douglas, Esquire This case is ready for trial. Date: 3/15/11 Signed: Seth T. Black, Esquire Attorney for: Defendant KINTARO OTSUKA, IN THE COURT OF COMMON PLEB Of PLAINTIFF QYL`*4 r, CUMBERLAND COUNTY, PEN ? V. - EDWIN C. GREEN, s n t' p -o Z) ,-n DEFENDANT 03-6548 CIVIL TERM PRETRIAL CONFERENCE s.? A pretrial conference was held on July 6, 2011. In attendance were Plaintiffs counsel William Douglas, Esquire and Defendant's counsel Seth Black, Esquire. This case involves an automobile accident that occurred on December 26, 2001 when Defendant, who was driving a 2000 Ford Ranger, blacked out due to a medical condition and rear-ended the Plaintiff's 1991 Infinity Q45. The Defendant will not be at trial and there is no issue of liability. One day will be required to try this case. The parties will have four peremptory challenges each. There are no issues of witness availability in that Plaintiff will arrange for the deposition of his medical witnesses this week so that a transcript will be ready for trial. There are no outstanding legal or evidentiary issues. With respect to settlement, Defendant has offered $3,000; however, Plaintiff has not responded, and, in fact, has made no specific demand for settlement from Defendant. Therefore, it appearing that this matter may require an additional settlement conference, the parties are advised that if Plaintiff does not present a demand to Defendant by the close of business on Friday, July 8, 2011, the parties shall appear for a settlement conference pursuant to Pa.R.C.P. 212.5 on Wednesday, July 13, 2011, at 8:00 a.m. Pursuant to subparagraph 212.5(b), counsel and the parties shall appear for this settlement conference along with an individual having settlement authority. By the Court, Albert H. Masland, J. William Douglas, Esquire For Plaintiff Seth Black, Esquire For Defendant Court Administrator :saa -ft DOUGLAS LAW OFFICE 43 WEST SOUTH STREET WILLIAM P. DOUGLAS, ESQ. CARLISLE PA 17013 Supreme Court I.D.# 37926 TELEPHONE 717-243-1790 Kintaro Otsuka In the Court of Common Pleas o a Plaintiff Cumberland County, Pennsylva ..- .. ? rii OD S vs tor" _ - rn No. 03 - 6548 Civil Termer - 4 Edwin C. Green ' -- Civil action law rn Defendant Jury Trial Demanded ° a PLAINTIFF'S PETITION TO TRANSFER FROM CIVIL TRIAL LIST TO COMPULSORY ARBITRATION 1. Plaintiff filed this action to recover for personal injuries suffered in an incident that occurred on December 26, 2001. 2. Plaintiff initially filed this action as a case involving an amount in excess of that requiring compulsory arbitration. 3. Pursuant to C.C.R.P. 1301-1 states: All civil cases which are at issue in which the total amount in controversy is Fifty Thousand Dollars ($50,000) or less, exclusive of interest and costs, except those cases involving the title to real estate, shall be submitted for hearing and award to three members of the Bar to be designated as a Board of Arbitrators. 4.. Plaintiffs current demand is less than the $50,000.00 mandatory compulsory arbitration limit. 5. The defendant does agree that the value of the plaintiff's claim is an amount that is within the compulsory arbitration limit but does not concur in this motion. WHEREFORE, plaintiff respectfully requests that this matter be referred to compulsory arbitration pursuant to C.C.R.P. 1301-1. July 8, 2011 William P. uglas Attorney for Plaintiff uka AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND / OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. William P. Douglas July 11, 2011 Kintaro Otsuka Fdwin C. Green Plaintiff vs In the Court of Common Pleas of Cumberland County, Pennsylvania No. 03 - 6548 Civil Term Civil action law ? Q Defendant I Jury Trial Demanded -v :x r-n cr .M ' C= tnr --<? N C C] Order of Court; ° r N -< X31 On this the ?? day of July 2011 this matter is removed from the Civil Trial list and referred to mandatory compulsory arbitration pursuant to C.C.R.P. 1301-1. Counsel for the plaintiff is directed to move for the appointment of arbitrators within 10 days of the date of this Order. ? (,()m P bot?j Es, 00j,, MPi*-cj &? 7/lo the Court: Hon. rnF Urn a0c`v ca --lQ ='R ca -n rn 70 5 IN THE COURT OF COMMON PLEAS OI CUMBERLAND COUNTY. PENNSYLVANIA KINTARO OTSUKA Plaintiff . NO.6548 ,..o03 VS. r i C'; r? EDWIN C. GREEN RULE 1312-1 Defendant- ?u The Petition for Appointment of Arbitrators shall be substantially I" Following form: -- ?- PETITION FOR APPOINTMENT OF ARBITRATORS TO TFIF_. HONORABLE, THE JUDGES OF SAID COURT: C_ ij f" N) =D William 1'. Douglas , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. ?. The claim of plaintiff in the action is Swithin arbitration Iimit The counterclaim of the defendant in the action is n/a I'he follov, ing attorneys are interested in the case(s) as counsel or are othcrwisc dis(Iualitit'd to sit as arbitrators: WI IEREFORE. vour petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 in consideration of the t')regoing Esq.. and Esq., are appointed arbitrators in the above h ourt. Akk- y 5- c-N ISW P_#o2wqbl ORDER 011 COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA Plaintiff NO.6548 2003 vs. EDWIN C. GREEN MW c- rte- -; -o Defendant 'x?, off' -4 RULE 1312-1 The Petition for Appointment of Arbitrators shall be Substantially Following form: PETITION FOR APPOINTMENT OF ARBITRATORS C' TO THE HONORABLE, THE JUDGES OF SAID COURT: William P. Douglas , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $within arbitration limit The counterclaim of the defendant in the action is n/a The following attorneys are interested in the case(s) as counsel or are otherwise disgLialified to sit as arbitrators: <-) WHEREFORE, your petitioner prays your Honorable Court to appoint three arbitr :zm whom the case shall be submitted. m C= G') = ?1 i ?r-a Respectfully submitted, f-<- --4C) T 3?0 G1 "7 '..y C: ORDER OF COURT AND NOW, -,20$/ in consideration of the foreg 'ng petition, Esq., and U? Esq., and ?. Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. ??II.CX4 By he ourt, evin A. f P T1a'f,oo Po Ate/ s ?' C-f ISW &a &a yak %v4 KINTARO OTSUKA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION - LAW VS. NO. 03-6548 CIVIL EDWIN C. GREEN, Defendant ORDER AND NOW, this T day of May, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Heidi Eakin, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Kevin X Hess, P. J. i/ Heidi Eakin, Esquire / Court Administrator /,??I a :rlm 4y ma -Ti a --S C_n co .p ?-, THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KINTARO OTSUKA, Plaintiff, CIVIL DIVISION NO. 03-6548 V. EDWIN C. GREEN, Defendant. TO: Prothonotary (Jury Trial Demanded) PRAECIPE TO SETTLE AND DISCONTINUE Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, THE DOUGLAS FIRM - (.n r -- .?- o B y: `r William P. Douglas, Esqu )> - Counsel for Plaintiff ` WELLS FARGO BANK, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TERM JEANNE A. SHEARER No. 2012-1628 (Civil) 422 North Front Street Wormleysburg, PA 17043 : Defendant CIVIL ACTION - LAW ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE C') COMES NOW, Defendant, Jeanne A. Shearer, acting Pro Se, responds to th? Complaint as follows: P'l , C:? C3 1. Admitted. -ai 2. Admitted. -? N (71 3. Admitted -- '-? c.1 4. Admitted 5. Admitted except that Plaintiff has refused to accept partial payments after August 24, 2010 and, there is substantial correspondence from Plaintiff to Defendant as late as September 2011 relative to her participation in resolving the arrearage in payments. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part in that said Notice was sent to Defendant. However, denied in part because in fact Plaintiff and Defendant have conversed by telephone and U.S. Regular Mail relative to resolving the current mortgage situation including letters from Plaintiff to Defendant. Defendant has cooperated fully with Plaintiff and in fact Plaintiff has agreed to terms and conditions offered by Defendant to correct the arrearages in the mortgage payments. Plaintiff has by its actions extended the temporary stay to foreclosure. WHEREFORE, since Plaintiff has sent a thank you letter to Defendant for Defendant's continued interest in resolving the current mortgage situation and curing the current arrearages in the mortgage payments plus costs to initiate this action, and Plaintiff has taken action to cure said mortgage default, Plaintiff demands that this Honorable Court dismiss Plaintiff's Complaint for Mortgage Foreclosure as demanded by Plaintiff in its Complaint against Defendant. 1 JEANNE A. SHEARER, Defendant, Acting Pro Se 416 North Front Street Wormleysburg, PA 17043 (717) 731-9008 E-mail: iasCc?dps-pa.com Date: ?? o b Z. VERIFICATION 1, Jeanne A. Shearer, hereby verify that the facts contained in the foregoing Answer to the Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. JE NE A. SHEARER Date: May 10, 2012 A # . CERTIFICATE OF SERVICE I, Jeanne A. Shearer, acting Pro Se, hereby certify that service of the foregoing ANSWER TO THE COMPLAINT was made on the following via U.S. Regular and Certified Mail on May 10, 2012. Robert W. Cusick, Esq. PA I D # 80193 Phelan, Hallinan & Schmieg, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 JEANNE A. SHEARER