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HomeMy WebLinkAbout04-0465 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION LAVINA A. DAVIS, and BRADLEY DAVIS, Plaintiffs NO. ()1.f-4I..S Cio..L~ v. CIVIL ACTION-LAW METHODIST HOME FOR CHILDREN, Defendant JURY TRIAL DEMANDE NOTICE TO DEFEND PursuanttoPARCPNo.1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default 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. '""''''''"'''w..",,-,, LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: 1-800-990-9180 11,\ r. 1'.: il':.. 3';'>'':111';1 S ,~:, .1_', .(', Y''',".I'"n''''"v_'"'''7''W, II EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYL VANIA DIVISION CIVIL LAVINA A. DAVIS, and BRADLEY DAVIS, Plaintiffs NO. v. CIVIL ACTION-LAW METHODIST HOME FOR CHILDREN, Defendant JURY TRIAL DEMANDE A VISO PARA DEFENDER Conforme a P A RCP NUll. 10 18.1 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte par escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n par cualquier dinero reclamado en la demanda 0 par cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. US TED DEBE LLEV AR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TlENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFlCINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. ''''''''''''''E50. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: 1-800-990-9180 1>." Id.' "':., ,'L"'';T!I.''',~). ,I'. .(', \'''''K, r''''''"nV^~L' "'.,,_, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LAVINA A. DAVIS, and BRADLEY DAVIS, Plaintiffs NO. 0 '1- '-!c,'5' &u;.t /.L-i--- v. CIVIL ACTION-LAW METHODIST HOME FOR CHILDREN, Defendant JURY TRIAL DEMANDED COMPLAINT I. The Plaintiffs, Lavina A. Davis and Bradley Davis, wife and husband are adult individuals residing at 13 Schofield Drive, East Berlin, P A 17316. 2. The Defendant owns, operates, and/or maintains a facility 10c'ated at 5120 Simpson Ferry Road, Mechanicsburg, Pa 17050, called and commonly referred to as the Mechanicsburg Children's Home. 3. On February 4,2002, at approximately 3:30 p.m. Plaintiff, Lavina A. Davis, was present at the Methodist Home for Children and was traversing the sidewalk in order to enter Cottage "D" when she slipped and fell on ice and snow which had accumulated in hills and ridges on the sidewalk so as to unreasonably obstruct travel. 4. As a result of her fall, Plaintiff Lavina A. Davis sustained serious personal irljuries. 5. At all times relevant hereto, the Defendant acted through its employees, agents, and/or servants, and is vicariously liable for the negligence ofthose individuals or entities. LAWC'>'".,.OC 6. This action occurred as a result of the negligence of the employees, agents, and/or 10.\ ),,1': 'I'.:., :~;".',\"r'I;\[ eJ, 1(". 0(', ,-,.w"""",,,,,','"'' >c.." 0' """'0', servants of the Defendant and was due in no manner to any act or failure to act on the part of the y",,". """"'y',yu,. ",...r. Plaintiff. . .~-~.,-,..~--~,..__.... II 7. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNT I LAVINA A. DAVIS v. METHODIST HOME FOR CHILDREN 8. The allegations contained in paragraphs I through 7, inclusive, are incorporated herein as fully as though set forth at length. 9. The negligence of the employees, agents, and/or servants of the Defendant consisted of the following: a) ,"won,cc,se' I~.".I']'_: 'K. ''\;''''-;'1r'ISN. 'I'. (', '''''h'''" "^';'u"-,,,., y",,". I''''''nv^~,^ ",.,,". f) -.-... "_." ".W_"~'_""__~" Failing to recognize the special element of harm and danger of ice and snow on the sidewalk leading up to Cottage "D"; b) Permitting or allowing the ice and snow to accumulate in hills and ridges on the sidewalk so as to unreasonably obstruct travel when the Defendant knew that persons such as the Plaintiffwould have to traverse the area; c) Failing to utilize that degree of care required for invitees such as the Plaintiff by not maintaining the premises in a safe and usable condition; d) Failing to inspect the premises to discover the unsafe and hazardous condition of ice and snow on the sidewalk; e) Failing to warn or protect the Plaintiff from the unsafe and hazardous condition of ice and snow on the sidewalk when the Defendant knew or should have known that the Plaintiff might be unable to protect herself; Failing to correct the hazardous and dangerous icy condition that the Defendant knew or should have known existed on the premises; II g) Creating or allowing a hazardous condition to exist which the Defendant knew or should have known involved an unreasonable risk of danger to persons such as the Plaintiff who would not know or have reason to know of the unreasonable risk of harm; h) Failing to carry on the Defendant's activities with reasonable care for the safety of the public; i) Failing to remove the ice and snow from the sidewalk; and j) Failing to mask the icy condition by salt, cinder, or otherwise covering the area to make it safe for use. 10. As a result of the aforesaid negligence, the Plaintiff suffered serious and permanent injuries including but not limited to severe trimalleolar fracture of the left ankle, post-traumatic pain and a severe shock to her nerves and nervous system. arthritis of the left ankle, left foot pain, swelling and loss of range of motion in her left ankle, left leg II. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, and she will continue to incur medical expenses in the future. suffer, a severe loss of her earnings and impairment of her earning capacity and the loss of income 12. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may and impairment of earning capacity will, or may continue in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, Y""".I'''_'_'-H''^"-,,,,, loss of life's pleasures, scarring and disfigurement, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. I~i\ 1,:1<1 :N. ,\N.'-j"l' li',-1<J, 'I". '.(', against the Defendant in an amount in excess of the mandatory arbitration limits. WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter judgment II COUNT II BRADLEY DAVIS v. METHODIST HOME FOR CHILDREN 14. The allegations contained in paragraphs I through 13, inclusive, are incorporated herein as fully as though set forth at length. 15. Solely as a result of the negligence of the Defendant, and the resulting injury to his spouse, the Plaintiff, Bradley Davis, has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great Joss and detriment. Said losses will continue for an unknown time into the future. the Defendant in an amount in excess of the mandatory arbitration limits. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against RESPECTFULLY SUBMITTED: e E. An I, ire Attorney ill No. 22487 2 West Market Street Post Office Box 952 York, PA 17405 (717) 846 - 0606 .,"'O'''O'''OF 1j)'\'I.;~; jK. ""S''i~I''ISI~J, ,p,_(' '-""" 1'''"_""n''~L' "'.n" II VERIFICATION Dale E. Anstine, Esquire, hereby states that he is the attorney for the Plaintiffs in this action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. This Verification is being utilized because the Plaintiff may not be able to veritY the herewith Complaint within the fifteen day period to file the herewith Complaint based on a Rule entered by the Prothonotary. The Verification of the Plaintiff will be substituted for the herewith Verification as soon as possible. Date: t?c:5?-6<.1'-oy Dale E. Ansti , squire Attorney I.D. No. 22487 Attorney for Plaintiff LA'.... ">r,q,; '.', '" ",:~l };. '\S.'l~I' 1;\';/0:, 1'., ,(' ""',' "^""",,,",,, """H, r'"""-,.V^~,, ",.w () ..., ~ = 'iQ.. ~~-;~ = (J .L"" IV ~ .." ~~8 't tTl rn-- t = :g I ~~ ~ +- lf1 . . r---- -0 -. +I . ...... \' D -.,~ (')-- ..t;: ~. ..,.c> ~ ~ ".- - (3m ~ .. ;.-~:i - '-1 N ::0 \) ~ -, w -< --0 J- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAVINA D. DAVIS, and BRADLEY DAVIS Plain tiffs [ v I METHODIS; HOME FOR CHILDREN Defendant NO. 04-465 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAF.CTPF TO SITRSTTTITTF VRRTFTC'ATTON TO THE PROTHONOTARY/CLERK OF SAID COURT: Please substitute the attached verification of the Plaintiff for the verification of counsel, appended to the Complaint filed in the above-referenced cause. . nstine, Esq . Supreme Court I.D. #22487 Two West Market St., P.O. Box 952 York,PA 17405 Phone: (717) 846-0606 Attorney for the Plaintiffs DATE :J~ltiJY 1),\ 1,1,; I':. ,'\."",'1^I'1S1-:. I' (' VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsificati.on to authorities. Date: ;, '/~ 'o( Xa-'~!l JJ{)~ Lavina A. Davis Date: .) J/ 0/0 'I / / ~~~ Bradley Dav' j", ,,~~ CO" '" 0.,\ r,',: .t~, '\\0.'<'1"1;';",;.:, 11'. ,(', """". "''''~YL''.'''A ",.,,-, I I CERTIFICATE OF SERVICE AND NOW, this I~day of February, 2004, I, Dale E. Anstine, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have, this date, served a copy of the within and foregoing document by first class United States Mail, postage pre-paid, addressed to the party or attorney of record as follows: Methodist Home for Children 5120 Simpson Ferry Road Mechanicsburg PA 17050 ale . nstine, Esquire Attorney 10 No. 22487 Two West Market Street Post Office Box 952 York, PA 17405 1),\1,1-1 'I':. ,\.';,,-,^["':Vf':, I' (' Y"''''.I''''''hqn,''",-, (") ~ ~,; --::},.. ni. . ;::-?;; /\ (/!.-. -':'" :;i~ ._ ;4(::~, :P-c:: :i': --i ---- ...., = = .<:' ..." ....' <---0 o -n --< :L-n r"i':: -gm TJCJ '.', , (~C-> ----j -r, ~?f~ <~5rn ::'4 ~-. "IJ =< co ;I r:-:> o f'.) IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LAVINA D. DAVIS, and BRADLEY DAVIS 13 Schofield Drive East Berlin, PA 17316 No. 04-465 v. CIVIL ACTION - LAW METHODIST HOME FOR CHILDREN, 1Ne. 5120 Simpson Ferry Road Mechanicsburg, PA 17050 JURY TRIAL DEMANDED TO THE PROTHONOTARY: ENTRY OF APPEARANcE Kindly enter my appearance on behalf of Defendant, METHODIST HOME FOR CHILDREN, in the above-captioned matter. KELLY GRIMES PIETRANGELO & VAKIL, P.e. BY: Dated: Februarv 18. 2004 0 ...., 0 c> s; = -'1 "'.. ..." ..... fl"l :r: -n = 1'111"= -ern ~~...~ -60 c.~ C~))... -"-!'-) ....,- --r', ~ ~f~ f'-) ~--t W . -l :.:..( SHERIFF'S RETURN - REGULAR CASE NO: 2004-00465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS LAVINA A ET AL VS METHODIST HOME FOR CHILDREN ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon METHODIST HOME FOR CHOLDREN the DEFENDANT , at 1018:00 HOURS, on the 5th day of February, 2004 at 5120 SIMPSON FERRY ROAD MECHANICSBURG, PA 17050 by handing to BRENDA LOYD, RECEPT-PROG ADMIN ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.59 .00 10.00 .00 35.59 So Answers: .r'~~~~~..R R. Thomas Kline 02/06/2004 DALE E ANSTINE Sworn and Subscribed to before me this /3 t:: day of By~~ n----L ~~.v1_,.. I'::<--'~--::UC . ) Deputy Sheriff ,1..~"'1 .oZUV'l. A.D. r:: lk./I"" I f1 O....r. ro'dlonotary . 71 IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LAVINA D. DAVIS, and BRADLEY DAVIS 13 Schofield Drive East Berlin, PA 17316 v. METHODIST HOME FOR CHILDREN, INC. 5120 Simpson Ferry Road Mechanicsburg, P A 17050 No. 04-465 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: The Plaintiffs, Lavina D. Davis and Bradley Davis You are hereby notified to plead to the enclosed New Matter of Defendant, Methodist Home for Children, Inc. within twenty (20) days of service hereof or a default judgment may be entered against you. KELLY GRIMES PIETRA.NGELO & VAKIL, P.C. BY: A ~#~ D. DALY, ESQUIRE AT RNEY FOR DEFENDANT Methodist Horne for Children, Inc. IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN"ISYL VANIA LAVINA D. DAVIS, and BRADLEY DAVIS 13 Schofield Drive East Berlin, P A 17316 No. 04-465 CIVIL ACTION - LAW v. METHODIST HOME FOR CHILDREN, INC. 5120 Simpson Ferry Road Mechanicsburg, PA 17050 JURY TRlAL DEMANDED METHODIST HOME FOR CHILDREN, INC'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Methodist Home for Children, Inc., by and through their attorney, Joan Devlin Daly, Esquire, and hereby files an Answer to Plaintiffs' Complaint with New Matter as follows: I. Denied. After reasonable investigation, Defendant, Methodist Home for Children, Inc, is without sufficient knowledge or information upon which to form a belief as to the truth or falsity of the averments contained in paragraph one (1) of Plaintiffs , Complaint and they are, therefore, denied and strict proof thereof is hereby demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Defendant Methodist Home for Children owns and maintains property located at 5120 Simpson Feny Road, Mechanicsburg, P A 17050. It is denied that the facility f/ /k:/a Mechanicsburg Childrens' Home, Inc. and p/k/a United Methodist Home for Children Residential Care, Inc. is operated by the Defendant, Methodist Home for Children. On a contrary this facility is presently operated by United Methodist Home for Childrelll Residential Care, Inc. 3. Denied. After reasonable investigation, Defe:ndant, Methodist Home for Children, Inc., is without sufficient knowledge or informa1ion upon which to form a belief as to the truth or falsity of the averments contained in paragraph three (3) of Plaintiffs' Complaint and they are, therefore, denied and strict proof thereof is hereby demanded at the time of trial. 4. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 5. Paragraph 5 constitutes a conclusion of law not requiring an answer under the applicable rules of the Pennsylvania Rules of Civil Procedure. 6. Denied. It is specifically denied that Defendant was negligent in any matter and strict proof thereof is hereby demanded at the time of trial. By way of further Answer, Paragraph (6) of Plaintiffs' Complaint is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 7. Paragraph 7 constitutes a conclusion oflaw not requiring an answer under the applicable rules of the Pennsylvania Rules of Civil Procedure. COUNT I LAVINA DAVIS v. METHODIST HOME FOR CHILDREN. 8. Methodist Home for Children, Inc. hereby incorporates its Answer to Paragraphs I through 7 above, as if set forth herein at length. 9. Denied. Each and every allegation of negligence contained in Paragraph 9 is denied and strict proof thereof is hereby demanded at the time of trial. By way of further Answer, Paragraph 9 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 10. Denied. It is specifically denied that Defendant was negligent in any manner and strict proof thereof is hereby demanded at the time of trial. By way of further Answer, Paragraph 10 is denied pursuant to Pennsylvania RuIe of Civil Procedure I029(e). II. Denied. It is specifically denied that Defendant was negligent in any manner and strict proof thereof is hereby demanded at the time of trial. By way of further Answer, Paragraph II is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 12 Denied. It is specifically denied that Defenmmt was negligent in any manner and strict proof thereof is hereby demanded at the time of trial. By way of further Answer, Paragraph 12 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 13. Denied. It is specifically denied that Defendant was negligent in any manner and strict proof thereof is hereby demanded at the time of trial. By way of further Answer, Paragraph I3 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant Methodist Home for Children, Inc. demands judgment in its favor and against all other parties with interest, attorneys' fees and costs. COUNT II BRADLEY DAVIS v. METHODIST HOME FOR CHILDREN 14. Methodist Home for Children, Inc. hereby incorporates its Answer to Paragraphs 1 through 14 above as if set forth herein at length. 15. Denied. It is specifically denied that Defendant was negligent in any manner and strict proof thereof is hereby demanded at the time of trial. By way of further Answer, Paragraph 15 is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant Methodist Home for Children, Inc. demands judgment in its favor and against all other parties with interest, attorneys' fees and costs. NEW MATTER ADDRESSED TO PLAINTIFFS 16. Plaintiffs' Complaint is barred for failure to state a cause of action against Defendant Methodist Home for Children, Inc. 17. Plaintiffs' Complaint is barred by the applicable Statute of Limitations. 18. Plaintiffs' Complaint is barred or limited by the contributory negligence of the Plaintiff, Lavina D. Davis 19. Plaintiffs' Complaint is barred by the Doctrine of the Assumption of the Risk. 20. Plaintiffs' Complaint is barred by the Pennsylvania Workmen's Compensation Act. 21. Damages, if any, sustained by Plaintiffs are the result of actions or inactions by third persons over whom Defendant, Methodist Home for Children, Inc. exercises no control. 22. Defendant, Methodist Home for Children, Inc. specifically denies all averments of negligence, causation, injuries, losses and damages. 23. Plaintiffs have failed to mitigate any injuries, losses and damages, all the same being expressly denied. 24. To the extent same may be applicable, Defendant, Methodist Home for Children, Inc., affirmatively asserts all defenses set forth in Pennsylvania Rule of Civil Procedure 1030. 25. The liability of Defendant, Methodist Home for Children, Inc., the existence of any such liability being expressly denied, and the right of the Plaintiffs claiming against the Defendant is barred and/or limited by the applicable Comparative Negligence Statute. 26. To the extent to which it might be applied to lhe within action, Pa.R.C.P. 238, as adopted by the Pennsylvania Supreme Court, on its face and as applied, is a violation of the Civil Rights Act, United States Constitution and the Pennsylvania Constitution and imposes a chilling factor on Defendants exercise of its constitutional rights. 27. If there is ajudicial determination that Pa.R.c.P. 238 is constitutional, then any liability for any interest imposed by said rule should be suspended during that period of time that Plaintiff fails to convey a reasonable settlement figure, delays in responding to Interrogatories, delays in responding to Requests for Production, delays in producing witnesses for depositions or delays in any other discovery requests by Defendants, and as a result of such delay, the Plaintiff should be stopped from claiming any interest under such rule. 28. If there is ajudicial determination that Rule 238 is constitutional, then any liability for any interest under the rule should be suspended during the period of time that there is a delay occasioned by the Court in disposing with Pre-Trial Motions or Petitions or to otherwise promptly schedule trial of this action. WHEREFORE, Defendant, Methodist Home for Children, Inc., hereby demands judgment in its favor and against all other parties, with interest, attorney's fees and costs. BY: GRIMES PIETRANGELO & VAKIL ~~ JOA . DALY, ESQl:j' RE Atto ey for Defendant, Methodist Home for Chiildren, Inc. VERIFICATION I, The Rev. Kenneth Arthur, verifY that I am an authorized representative of the Defendant, Methodist Home for Children, Inc. within named and further verify that the facts set forth in DEFENDANT METHODIST HOME FOR CHILDREN, INC.'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. /};I.:tfr,ML ~) KENNETH ARTHUR Methodist Home for Children, Inc. DA TE: 'I-,J: ~ '/ . , KELLY GRIMES PIETRANGELO & VAKIL, P.C. BY: JOAN DEVLIN DALY, ESQUIRE ATTORNEY J.D. #41325 ATTORNEY FOR DEFENDANTS, 36 EAST SECOND STREET P.O. BOX 1048 MEDIA, PA 19063 (610) 565-0600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CIVIL ACTION - LAW LAVINA D. DAVIS, and BRADLEY DAVIS EDWARD WOODCOCK FEBRUARY TERM, 2004 No, 04-465 v. JURY TRIAL DEMANDED METHODIST HOME FOR CHILDREN, INC. CERTIFICATE OF SERVICE I, Joan D. Daly, hereby certifY that on this 13th day of April, 2004, I mailed a true and correct copy of the foregoing document on behalf of o,efendant, Methodist Home For Children, Inc., to counsel for the Plaintiff via First Class, U.S. Mail, with postage pre-paid as follows: Dale E. Anstine, Esquire 2 West Market Street P. O. Box 952 York, PA 17405 (717) 846-0606 KELLY GRIMES PIETRANGELO & VAKIL, P .C. BY: JO ? '" l":::::J C'::.J ~- J~ ~ .......' -n ;',J (n ~ "-, -1 IDAJd'J :r;, ,'\~"KT"IN]'.l, l~o -{', Y"UK, I',-,,,,,'"',.\S....,,.... \7.H\~-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAVINA D. DAVIS and BRADLEY DAVIS, Plaintiffs NO. : 04-465 v. CIVIL ACTION - LAW METHODIST HOME FOR CHILDREN, IN c., Defendant JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO COMPEL ANSWERS TO DISCOVERY 1. On April 5, 2004, Plaintiffs served counsel for Defendant with Plaintiffs' request for production of documents. See Exhibit "A". 2. On June 1,2004, Defense counsel forwarded copies of subpoenaed medical records and asked Plaintiffs' counsel to accept it as an "informal" response to Plaintiffs' requests for production of documents. See Exhibit "B". 3. On June 28,2004, Plaintiffs' counsel wrote to defense counsel asking for a complete response to Plaintiffs' discovery request. See Exhibit "C". 4. Plaintiffs discovery was resent to defense counsel along with a set of interrogatories under cover letter dated August 4,2004. See Exhibit "D". 5. Subsequent letters were sent to defense counsel dated August 23, September 22, October 29, and December 21,2004. See Exhibit "E". 6. To date, Defendant has not provided answers to Plaintiffs' discovery. 7. To date, defense counsel has not responded with an excuse for her failure to comply or even respond to the discovery. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter an Order directing the Defendant to provide full and complete answers to Plaintiffs' discovery within fifteen days ofthe date of the Court's Order or face further sanctions as the Court deems appropriate. RESPECTFULL Y SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, 2:, , / I " 'JP-ie&~ r-13-05 Dale E. Anstine, Esquire Attorney I.D. #22487 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 I]}AI~j": ]~;,.\N;'i~I':JNJ<":, ]ll, c{', Y"ln<, 1'1~:-<S"YI.VA"']^ ]7.~O'-' IlDAL ',~1 :r:, ~\. NK'1' [10' i~j,'P,(', Y""I<. J'",,"',.;\'L\',,"L\ 17'~"'-) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAVINA D. DAVIS and BRADLEY DAVIS, Plaintiffs : NO.: 04-465 v. : CIVIL ACTION - LAW METHODIST HOME FOR CHILDREN, INC., Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this J..:l+A- day of January, 2005, I, Dale E. Anstine, Esquire, a member of the Law Offices of Dale E. Anstine, P .c., hereby certify that I have this date served a copy of the within and foregoing document by facsimile transmittal, addressed to the party or attorney of record as follows: Joan Devlin Daly, Esquire Kelly Grimes Pietrangelo & Vakil P.O. Box 1048 Media, P A 19063-0848 RESPECTFULLY SUBMITTED: ~- April 5, 2004 Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL P. O. Box 1048 Media, PA 19063-0848 Re: Davis v. Methodist Home for Children, Inc. et al Dear Ms. Daly: Please find enclosed Plaintiffs' Request For Production of Documents Addressed to Defendant Methodist Home for Children, Inc. in the above referenced matter. Very truly yours, Dale E. Anstine DEA/blb Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAVINA D. DAVIS, and BRADLEY DAVIS Plaintiffs NO. 04-465 v. CIVIL ACTION - LAW METHODIST HOME FOR CHILDREN, INC. Defendants JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT METHODIST HOME FOR CHILDREN, INC. TO: Methodist Home for Children, Inc. Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL P. O. Box 1048 Media, PA 19063-0848 AND NOW, this & 'fA day of April, 2004, pursuant to Pennsylvania rwo ...(~, ......~(r 'if"~l" "0'" OH.",.O' 9'>.. Rules of Civil Procedure 4009, as amended, comes the Plaintiffs, Lavina D. Davis and Bradley Davis, by and through their attorney, Dale E. Anstine, Esquire, and request the Defendant to produce for inspection, examination and copying, at the Law Offices of Dale E. Anstine, P.C., Two West Market Street, York, Pennsylvania, not later than thirty (30) days after service of this Request, the following documents. This Request is continuing and any information secured subsequent to the filing of your response, which would have been included in the response had it been known or available, is to be supplied by supplemental response. 1. All photographs in the possession, custody or control of the Defendant, counsel for Defendant, or any other person or entity acting on behalf of the Defendant, \ 1."1 -I':. ~'':-:.'1'1'IS'';. P. (', "-,,'"e, "II~"..1'I."""'I.' 17...... including any insurers for the Defendant, showing, representing or purporting to show any locales, instrumentalities, persons, 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 Defendant, counsel for Defendant, or any other person or entity acting on behalf of said Defendant, including any insurer of said Defendant, showing, representing, or purporting to show any of the instrumentalities, locales, person or other matters involved in the incident which forms the basis of Plaintiffs Complaint. 3. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of 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, Defendant, Defendant's attorney, insurers, or anyone else acting on behalf of Defendant. 4. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Defendant, or his/her attorneys or insurers, which related to the subject matter of this litigation and the incident in question. ,5. All documents prepared by Defendant, or by any insurers, representatives, agents or anyone acting on behalf of Defendant, except his/her 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 'I.": J.:. ':\;i~"'J'IXJo;' p, (', '....0 ,",'5' "'....~[' p~,,' _OS( O"F'<:[ .<l. 95<' "'''''11, ,.t:,OlII..VI.......SI... 11)":-, 2 ).".IoJ Jo:. 4\.:\".""']'I.:\"IoJ. P. .('. Y"'UI.. '.I{S"...'l'I...."S,... IJ~,,:\ mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred 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 is now in the possession, custody or control of the original) now in the possession, custody or control of Defendant, his/her former or present counsel, agents, employees, officers, insurers, or any other person acting on Defendant's behalf.) 6. If not otherwise covered by the above Requests, the complete claims/investigation/subrogation file(s) of any insurers of Defendant, 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 Defendant, Defendant's counsel, insurers, or anyone else acting on Defendant's behalf, dealing in any way with the injuries, damages and losses sustained by Plaintiff, other than those documents supplied by Plaintiffs counsel to Defendant's counsel. This should include, but not be limited to, all medical bills, medical records, medical reports, correspondence, any and all other bills and documents relating to medical treatment, hospitalization, medication, appliances, lost wages, etc. 8. All office notes, medical reports, hospital records, summaries, test results, x-ray/MRIICT Scan results, patient questionnaires, bills, correspondence, file material, 3 \ I.. tol Jo~. t\.;'f,"1'1'l.;,"f JoJ, P. {Oo r"'o...I:!U....""I:TST"l:l:r "'OST 0f0~>C1: .Q~ tjII!ti '11'''11.. '.K!O"HY'....A,IOIA, 17''';,\ and documents that are received pursuant to a records deposition or in accordance with the Pennsylvania Rules of Civil Procedure. RESPECTFULLY SUBMITTED: al . nstine, U1re Attorney 10 No. 22487 2 West Market Street Post Office Box 952 York, PA 17405 (717) 846 - 0606 4 LAW O,,"ICES 0'" ).'lol<'):' ....,:'{:-\-r,:'{I<~. P. t.. ,..0 ....(,. ....A.C' S"'C[' AOS' O....o(:C .", .'l':r ,....... J'IC!f!f..VIoV"'!f'''' ."....-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA LAVINA D. DAVIS, and BRADLEY DAVIS Plaintiffs NO. 04-465 v. CIVIL ACTION - LAW METHODIST HOME FOR CHILDREN, INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ '11- day of April, 2004, I, Dale E. Anstine, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have, this date, served a copy of the within and foregoing document by first class United States Mail, postage pre- paid, addressed to the party or attorney of record as follows: Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL P. O. Box 1048 Media, PA 19063-0848 RESPECTFULLY SUBMITTED: ALL-STATE18LEGAL 800-222-0510 ED11 RECYCLED * KELLY GRIMES PIETRANGELO & VAKIL A PROFESSIONAL CORPORATION A TIORNEYS AT LAW THOMAS L. KELLY DONALD M. GRIMES WILLIAM A. PIETRANGELO VIRGIE M. VAKIL JOAN DEVLIN DALY SEAN V. KEMETHER + 36 EAST SECOND STREET P.O. BOX 1048 MEDIA, PENNSYLVANIA 19063-0848 (610) 565-0600 FAX (610) 565-0780 WRITER'S DIRECT DIAL (610) 892-7\35 June 1, 2004 Li i l0 + ALSO MEMBER NJ and MA BAR Dale E. Anstine, Esquire Two West Market Street P.O. Box 952 York, PA 17405 Re: Lavina D. Davis and Bradley Davis v. Methodist Home for Children, Inc. Cumberland County Court of Common Pleas; Civil Action No.: 04-465 Dear Mr. Anstine: Enclosed for your file please find copies of a medical report from ]3ethany Village Retirement enter on Plaintiff, Lavina D. Davis, which I have received pursuant to oena. I will assume unless I hear from you to the contrary that you will accept copies of these records as an informal response to your Request for Production of Documents. If you have any questions or comments, please do not hesitate to contact me. JDD:eam Enclosures ALL-STATE"' LE'GAL 800-?2~-05~O ED11 RECYCLED LAW OFFICES OF DALE E. ANSTINE. P.C. DALE E. ANsTINE DAVID M. POLLICK JOHN M. SOFILKA GREGORY E. MARTIN LEAH B. GRAFF WAYNE C. PARSIL THOMAS P. LANG TWO WEST MARKET STREET PRACTICE LIMITED TO: PERSONAL INJURY WRONGFUL DEATH POST OFFICE BOX 952 YORK, PENNSYLVAN1A 17405 (717) 846-0606 FAX (7\7) 845-743\ June 28, 2004 Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL P. O. Box 1048 Media, PA 19063-0848 Re: Davis v. Methodist Home for Children, Inc. et al Dear Ms. Daly: It is my understanding that you wish to conduct a deposition of Mrs. Davis, and that our offices have agreed that October 12, 2004, is a date available to both of us. Please be advised that in order for the deposition to proceed on that date, I would like a full response to the Request for Production of Documents, to include the information regarding the Defendant and the investigation into the incident at issue, as it is my intent to depose the manager of the facility, the maintenance person(s) and any person who conducted an investigation of the incident, on the same day that you conduct the deposition of the Plaintiff. Assuming I receive the information prior to September, and the necessary representatives of the Defendant can be available, the depositions may proceed on October 12. 2004, beginning at 11 :00 a.m. in my office. It is noted that you intend to make arrangements for the attendance of a court reporter. /-...., ...... August4,2004 Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL P. O. Box 1048 Media, PA 19063-0848 Re: Davis v. Methodist Home for Children, Inc. Dear Ms. Daly: Please find enclosed Plaintiffs' Interrogatories Set NO.1 Addressed to Defendant and Plaintiffs Request for Production of Documents Addressed to Defendant in the above referenced matter. Very truly yours, Dale E. Anstine DENblb Enclosures IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LAVINA DAVIS and BRADLEY DAVIS, Plaintiffs : NO. 04-465 v. : CIVIL ACTION - LAW METHODIST HOME FOR CmLDREN, INC., : Defendant : JURY TRIAL DEMANDED PT,ATNTTFFS' TNTRRROGATORTFS SFT NO.1 AnnRFSSFn TO nFFFNnANT TO: Methodist Home for Children, Inc. Joan Devlin Daly, Esquire DEFINITIONS AND INSTRUCTIONS THESE INTERROGATORIES ARE TO BE ANSWERED PURSUANT TO THE PROVISIONS OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE. THESE INTERROGATORIES ARE CONTINUING AND ANY INFORMATION SECURED SUBSEQUENT TO THE FILING OF YOUR ANSWERS, WHICH WOULD HAVE BEEN INCLUDED IN THE ANSWERS HAD IT BEEN KNOWN OR AVAILABLE, ARE TO BE SUPPLIED BY SUPPLEMENTAL ANSWERS. YOU ARE FURTHER INSTRUCTED THAT YOU MUST RESPOND TO EACH INTERROGATORY IN THE SPACE PROVIDED. IF THE SPACE IS INADEQUATE, YOU MAY RETYPE THE INTERROGATORIES OR MAY USE A SUPPLEMENTAL SHEET FOR THE REMAINDER OF YOUR RESPONSE. YOU MUST SERVE THE ANSWERS TO L....w O'''CES OF' ).\ LJoJ }~. A:";':'1T]~Jo~, P. (', TwO ""11:" .....~li:r ~T..tt' "O,T o~~,.:t .0_ "'$<1 THESE INTERROGATORIES ON THE PLAINTIFF WITHIN THIRTY (30) DAYS AFTER THE SERVICE OF THE INTERROGATORIES UPON YOU, ACCORDING TO YUIe_, I.H:O:lII..Yl....~:O:IA 17lCl:\ PENNSYLVANIA RULES OF CIVIL PROCEDURE 4006. 1. As used herein, "documents" include any written, recorded or graphic matter however produced or reproduced including, but not limited to, correspondence, telegrams, other written communications, contracts, agreements, notes, reports, memoranda, photographs, tape recordings or any other writings, including copies of any of the foregoing now in the possession, custody or control of the Defendant, his counsel, and all persons acting on his behalf. 2. As used herein, "identify" or "identity" when used in reference to any individual person means to state his full name and present address, his present known position or business affiliation, and his telephone number. "Identify" or "identity" when used in reference to a document means to state the date and the author, type of document (e.g., letter, memorandum, telegram, chart, photograph, etc.) or some other means of identifying, and its present location or custodian. 3. As used herein, the word "statement" includes a written statement signed or otherwise adopted or proved by the person making it. It also includes a stenographer, mechanical, electrical, or other recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and-contemporaneously recorded. 4. As used herein, the word "accident" refers to the accident which forms the basis of Plaintiffs Complaint, as captioned above. 5. As used herein, the word "representative" includes the attorney for the party and any consultant, surety, indemnitor, insurer, agent, adjuster or investigator for the party or party's 1).,\J..'Io] J.~. ...\;'f~'1'I:'iJoJ. P. r. Insurer. TVoowt$t ...."'..1;1 ST..en ~Q$. O."Cl .Qo .$~ YUHH. .'K:"f:'IU.TLV.4JW1.4 .7 ~u~ ? L"'W O,.,.,Cr;S OF" ).\1..10.: }~. ..t'\:f.M"J']~];1, 1P. to. )"""11, 1'f\lroIIlIMYLVA.:UA. 17 ,..:-. 6. Whenever the word "you" appears hereinafter, and whenever the designation of the party served with these interrogatories appears hereinafter, and whenever any person or entity is referred to hereinafter, such word, designation, person, or entity shall be construed to mean not only the party served with these interrogatories in his, her, its, or their own right, but also his, her, its, or their agents, servants, workmen, representative, employee or attorneys. :\ I):\'LJ;J l'':. AS~TjN)l. P. {'. TWO ...r:ST .....~C.. S....r:CT "OST O"...o::t IQ4 ..~ "'011(, f'KIfIfMYI.\'A:W'A 17 'H,' TNTRRROGA TORTRS 1. Please state the name, address, and job title of the individual answering these interrogatories on behalf of the Defendant. ANSWER: 2. Please provide the name, address, and job title of all individuals who provided information used in preparing answers to these interrogatories. ANSWER: 4. - 3. Please state the following concerning the Defendant's business status: a) Whether the Defendant is a corporation, partnership, sole proprietorship, subsidiary, or other entity; b) If a corporation, the place and date of incorporation; c) If a partnership, the names and addresses of the principal partners; d) Ifa sole proprietorship, the name and address of the owner; and e) If a subsidiary, the name and address of the entity which owns the Defendant. ANSWER: 4. Please state the name, address and phone number of the manager of the children's home located at 5120 Simpson Feny Road on February 4, 2002, and the name, address and phone number of any other individuals who were employed in a managerial capacity at that home on February 4, 2002. ANSWER: :\LE fi, A.:'i""'TJS ...;, P.('. fwO WI:ST ""''''''1:' 5'''([- ..osr OO'nct .0. ~~~ Y"",., PHilf~I4YL"'.\"'I'" 11''':1 5 "l !),"LEI }~. AN:-iTI:fJoJ. P. r.. TWO WE'TOolAR.ET tT.EET l"Q!n O.,.,'.;E 1tQ. .'!I' "'>ltN, J~H.I'f"'''YLy,,;WI''' 17.u." 5. Please provide the name and address of all maintenance personnel who were employed at the children's home located at 5120 Simpson Ferry Road on February 4,2002. ANSWER: 6. Describe in detail how you contend Plaintiffs accident occurred. ANSWER: 6 >.\l."ll }~. A.:'f.:-1"J"lN"JoJ. P. '.C. ''''0 ..l:iH....."..I:' .'''I:I:T PO$T 00''''':1: '0. ge.. YU..Il. ...lIf..,..l"l.VA....rA. 17."'.'5- 7. State what the Defendant alleges caused Plaintiff to fall. ANSWER: 8. If prior to the accident Defendant had actual notice or knowledge of the slippery and/or icy condition alleged by the Plaintiff to have caused or resulted in the accident, state: a) On what date the Defendant had such actual notice or first acquired such knowledge; and b) The manner in which such notice or knowledge was received or acquired. ANSWER: 7 :).\Ll!J E. J:\N.~TJSJoJ, J1, r. TWO W[!H "'.......11.' ""HI "OST OO'r,\:[.oo .!t<l! YUM., l'I!l'll'l"'Yl.V"'l'lI~ 17.fJ~ 9. If the Defendant had notice of or was in any manner made aware of any slippery and/or icy condition as alleged in Plaintiffs Complaint, state when and what steps the Defendant took to eliminate it or render it safe or give notice of its existence. . ANSWER: 10. State whether anyone observed the Plaintiff fall or whether anyone observed her following said fall? If so, for each person, state: a) His or her name, or other means of identification, address, occupation and name of his or her employer; b) The location from which he or she witnessed the accident. ANSWER: 8 I."'W O,.",CES Q" J.\J..JoJ }i~. AN."'TISJo.L 1'. r. .......,. "Kl'"l'"If"L"."'.'-' 17....'\ 11. State whether any employee or representative of the Defendant spoke to the Plaintiff following said fall. If so, set forth, in detail, what was said by them and what was said by the Plaintiff. ANSWER: 12. How did the Defendant first become aware of Plaintiffs fall? ANSWER: 9 l....w O....'Cl:S 0" f)"\.I~Jol E. J:\S:-fTINl:I. )>. {'. .WOW(iU....'Utf ".ff' ~ST O.....'CfIO. .'!I~ V"",.. 1.t-:JIIlfMTLV.....'" 11 ~U;'\ 13. Did the Defendant or anyone acting on its behalf provide any aid or treatment for the Plaintiffs injury after her fall? If so, state the details of such treatment, and the name of the person or persons who provided it. ANSWER: 14. If you contend that the Plaintiff was contributorily negligent, please state all facts upon which you base your contention. ANSWER: 10 ).\ )....1 };. ...\.:-r.'1TJ:f'JoJ. l". l\ -..0..11:10' .......11:, I',"((T "0$' orr>f;( .0.0. .'5~ ""'M". p",..,..""yI.VA."'..... 17 ,u.'t 15. If you contend that the Plaintiff assumed the risk of her injuries, please state all facts upon which you base your contention. ANSWER: 16. Was any inspection made of the scene of the accident subsequent to the accident? If so, state: a) The date and time it was made; b) The name, address, and job title of each person who made the inspection; and c) What findings were made. ANSWER: 11 17. Was any warning given to the Plaintiff or any other person concerning any danger in the area where the accident occurred? If so, for each warning, state: a) A description of, or the substance of, the warning that was given; b) The name, or other means of identification, and address of the person who gave the warning; c) The name, or other means of identification, and address of each person to whom it was given; d) The form in which it was given; and e) The reason it was given. ANSWER: 18. Has any other accident occurred on Defendant's premises in the same area as, or in a similar manner to, the accident in which Plaintiff was injured? If so, for each accident, state: a) The date and time it occurred; b) A description of how it occurred; c) The name, or other means of identification, and address of the person to whom it occurred; d) The location of which it occurred; and e) Whether any safety precaution was taken as a result of it, and if so, a description of such safety precaution. \LH E. -,'\.S,"'T]~Jol. 1'1, t'. TWO...CI'...._Ct.,.Ctt ,"Oltf O,.,.'C[ .0_ .,,~ )..,.... PII''''''''''LV.,.''IA '7 )UJ'I,. ANSWER: 12 19. Was any repair, or alteration, made subsequent to the accident in the area where Plaintiff was injured? If so, for each repair, or alteration, state: a)A description of it; b) The date it was made; c) The name, address, and occupation of the person who made it, and d) The reason it was made. ANSWER: 20. Was an investigation made by the Defendant, or on Defendant's behalf as to the result of the accident? If so, for each investigation, state: a) The date it was made; b) The name, address, and occupation of each person who made it; and c) Whether any report was made of it, and if so, the name and address of the person who has custody ofthe report. ANSWER: ').\Ll!1 ]oJ. A:-f:-JT1SJo::. ,~~. r. T....O INI;1IT ....."...!:T S'''Etf 1I0ST 0""'<::1: .0. .'l YUN., 1',UflllMY..V41<1... l'~f).') 13 1)"\LloJ }~. AS.'1T1NJol, P. (('. y....III. I'JI'!O:ot"YL'''.''~I.' 17'0:1 21. Did you receive a report of the accident from Plaintiff or any other person? If so, for each such person, state: a) His or her name and address; b) The date and time he or she made the report; c) The name, address, and job title of the person to whom he or she made the report; and d) Whether he or she made a written, or oral, report, and if written, the name and address of the person who has custody of his or her report. ANSWER: 22. Has a claim ever been made against the Defendant for injuries sustained by a person in a manner similar to that alleged by the Plaintiff on Defendant's premises? If so, for each claim, state: a) The date it was made; b) The name and last known address of the person who made it; c) The basis of the claim; and d) The outcome. ANSWER: 14 !l.'\LJo] ]0;. AS~']'J:';JoJ.l". '('. T"'O ..1;!l.1 .......1;1 1'_1;1;' "01' O""CI;IIIO_ ..,01 y....II. 1..IoI!l1..yl.V.......... 1710,", 23. Please state the name, employer and address of each representative of the Defendant or Defendant's insurance carrier who has had any contact with the Plaintiff, either in person, by telephone, or in writing, and the substance of each such contact. ANSWER: 24. At the time of this accident, were you covered by any policy of liability insurance which protected against the risk of liability which is the subject of this action? If so, state for each such policy: a) The name, principal place of business, and telephone number of insurer; b) The name, address and telephone number of the named insured; c) The policy number; d) The effective dates of coverage; e) The amount of liability coverage, specifying the terms thereof; and f) State whether there are any other provisions, such as medical pay clauses, No- Fault insurance benefits, or other insurance payment provisions, and set forth any conditions, exclusions or other relevant terms concerning such additional benefits; ANSWER: 15 ).~LE E. ..I.\:f~"'J"l.:'f~J, P. LC. t...O ...1[5t ....."I[t 5'.l[l[t "OS' 0....0<;1[ .0_ .~, \".UII', r.~UIM"'LV4l'11'I4 '7 H'~ 25. Has the insurance company or companies involved raised any issue as to your coverage for damages arising from the aforesaid accident? If so, please set forth in detail the basis for such issue, reservation or right, or denial of coverage. ANSWER: 26. If any issue as to coverage for liability arising from this accident has been raised by the insurance company or companies involved, please set forth your position as to this issue. ANSWER: 16 - - ;-,.,...", I r I . , . 001'1;1 ])ltly' ~/o -5~S - o~oo August23,2004 Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL PO Box 1048 Media PA 19063-0348 RE: Davis v. Methodist Home for children, Inc. Dear Ms. Daly: Please refer to my letter dated June 28, 2004. I have not yet received the Defendant's response to Request for Production of Documents, propounded April 6, 2004, nor the confirmation of the availability of the Defendant's facility manager, maintenance persons, and any persons who conducted an investigation into the incident at issue. In order to avoid confusion, and the necessity of you making a long trip, please note that unless I receive the responses and confirmation of the attendance of the Defendant's representatives, by September 2, my client will not appear for a deposition 0 ctober 12 and will await completion of discovery before rescheduling depositions. ckW Very truly yours, ~ tvrcN\..5 ~-4k;$ ~S '(e.5 '-\0 lO -l3 Dale E. Anstine DEAlm . " , . , ) . . I . , . September 22, 2004 Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL PO Box 1048 Media PA 19063-0348 RE: Davis v. Methodist Home for Children, Inc. Dear Ms. Daly: To date I have not received discovery responses, nor have I been notified of the identity and availability of the various personnel whom I wish to depose. Accordingly, the Plaintiff will not be appearing for a deposition on October 13. When the discovery has been provided, we will gladly reschedule the deposition of the Plaintiff, as well as that of the Defendant's personnel. Very truly yours, Dale E. Anstine DEAlm I r I . " ,. .J December 21, 2004 Joan Devlin Daly, Esquire PO Box 1048 Media PA 19063-0848 RE: Davis v. Methodist Home for Children Dear Ms. Daly: As you know, you are now well past the time when you promised that discovery responses would be provided. I do not understand why your client can not answer the questions, and why you will not produce the documents and investigation. Mrs. Davis is quite tired of waiting for resolution of this matter, and I do not feel is it reasonable to expect a further wait for the responses. If your client has not provided answers by the beginning of the year, I will file a Motion to Compel. Very truly yours, Dale E. Anstine DENm r-;) C, C;::) C.,r1 o -~1'. ..{ =-11 .~.,~ ---~ J '~ ;~! .:) C) J OJ '1 -,'J ':~ Co) - I -< 0"\ . , . . -'. . 1 1 . . . I . September 22, 2004 Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL PO Box 1048 Media PA 19063-0348 RE: Davis v. Methodist Home for Children, Inc. Dear Ms. Daly: To date I have not received discovery responses, nor have I been notified of the identity and availability of the various personnel whom I wish to depose. Accordingly, the Plaintiff will not be appearing for a deposition on October 13. When the discovery has been provided, we will gladly reschedule the deposition of the Plaintiff, as well as that of the Defendant's personnel. Very truly yours, Dale E. Anstine DENm " . . . , fl. .-. ( . . . " . . October 29, 2004 Joan Devlin Daly, Esquire KELLY GRIMES PIETRANGELO & VAKIL PO Box 1048 Media PA 19063-0348 RE: Davis v. Methodist Home for Children, Inc. Dear Ms. Daly: Pursuant to York County Local Rules, I am attempting to secure answers to discovery from the Defendant, without the necessity of filing a Motion to Compel with the Court. Please advise when answers will be provided. In the event I have not had a response to this request, within the next two weeks, it is my intention to present a motion to the Court. Very truly yours, Dale E. Anstine DEA/m LAVINA D. DAVIS and BRADLEY DAVIS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO,04-465-CIVIL METHODIST HOME FOR CHILDREN, INC" Defendant JURY TRIAL DEMANDED IN RE: PLAINTIFFS' MOTION TO COMPEL DISCOVERY ORDER AND NOW, this z. 'I' day of January, 2005, a rule is issued on the defendant 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, Ko~;!Jd / VlN\'j\:t!"'3f<:'~3d '.'1 ".,.,.- ..,' r .-..,.^ ^l.,;,-:I :." \ 'i'.". -'~>:-:<~~! t....} ".... .0 !II< =.~~ ~o nO;! 52 N'tr sOUZ AtJ"';,rL(Y~CIHlOdd 3Hl :10 :fi;~jO~Q]l::1 -- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROl'HOIDl'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X ) for JURY trial at the next tenn of civil court. for trial without a jw:y. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) LAVINA D. DAVIS, and BRADLEY DAVIS xl Civil Action - Law Appeal from Arbitration (other) (Plaintiff) vs. METHODIST HOME FOR CHILDREN, INC. The trial list will be called on and 8/23/05 Trials commence on 9/19/05 ( Defendant) Pretrials will be held on 8/31/05 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 04 Civil 465 Civil Term lfl9 Indicate the attorney who will try case for the party who files this praecipe: Dale E. Anstine~ 2 West Market Strpp.t. Yorkp ~A Indicate trial counsel for other parties if known: Joan Devlin Daly, 36 E. SEcond Street, Media, PA 19063 This case is ready for trial. Date: ()~ -/~Ob Print Name: Dale E. Anstine Attorney for: Plaintiffs - 0 .-' ~ "'" (..:. = 7 c.J> -\ f. <.- ::J:-n ~~ fl'f":: CJ' ~~~). ~ '3 f;, ( -.." c l)? ,,_1 ~:1 eO; N .P -< co ~c - N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNYSLVANIA LAVINA D. DAVIS, and BRADLEY DAVIS Plaintiffs v. METHODIST HOME FOR CHILDREN, INC. Defendants TO THE PROTHONOTARY: NO. 04-465 CIVIL ACTION. LAW JUI~Y TRIAL DEMANDED PRAECIPE TO REMOVE (X) Please mark the above captioned action SETTLED AND SATISFIED OR Dated: 7 ~ d- j./ c25 / cc: Joan Devlin Daly, Esquire ~,,,,.Jil )<~, .A:>o.'!';i"l'U"lI<;, ~', ~'. ............,.. CO') ,~ "'" l:":::l C.',':' ,.-...n ;'"1- ~",' ) C) ., ~~\p: ['.'It '~{ I GO (......"'l r,) 6 Lavina D, Davis and Bradley Davis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Methodist Home for Children, Inc. NO. 04-465 CIVIL TERM ORDER OF COURT AND NOW, August 23,2005, counsel having failed to call the above case for trial, the case is stricken from the September 19, 2005 trial term, Counsel is directed to relist the case when ready. By the Court, ~ Dale E. Anstine, Esquire For the Plaintiff Joan Devlin Daly, Esquire For the Defendant ~ . , ~ l'-.]fj.o~ C;- Court Administrator jhk ~'"./';r\~ (\ l) '0 \\~ 92 ~(\\J SG\l'/, " . '.'-'\"'''' .l'\.L::lO '''''llIIO'''.' .,...! ,..,.- .- ",U'.l... 'I'.V J...I""'-',.1. 38'.:;lO--G:\l\j