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HomeMy WebLinkAbout08-4170i ? 0 Lawrence R. Dworkin Law Offices Atty. ID No.: 26697 105 Townsend Terrace Wallingford, PA. 19086 610-566-0610 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW WILLIAM F. SMITH 7855 Crilley Road Apt. 402 Glen Burnie, MD 21060 V. No.: 08- 14 ) 7 U C "4 +f `fM JIMMY MOFFITT 3929 Smoketown Road Glenville, PA. 17329 PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONATARY: Kindly issue a Writ of Summons in the above captioned matter for service on the following Defendant: Jimmy Moffitt 3929 Smoketown Road Glenville, PA. 17329 LAW OFFICES OF LAWRENCE R. DWORKIN Date: 7/14/08 W P L NCE R. D O ESQ. 0 r-,3 -. Imo:. c°? s n ' ? . ? ;gad l I j ? "lam 65 LAJ -5 ? r V a 1 i Writ of Summons William F. Smith 7855 Crilley Road Apt.l 403 Glen Burnie, MD 21060 V. Jimmy Moffitt 3929 Smoketown Road Glenville, PA. 17329 . y Lawrence R. Dworkin Law Offices Atty. ID No.: 26697 105 Townsend Terrace Wallingford, PA. 19086 610-566-0610 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW WILLIAM F. SMITH 7855 Crilley Road Apt. 402 Glen Burnie, MD 21060 V. No.: 08- q f? b c tvj I futt JIMMY MOFFITT 3929 Smoketown Road Glenville, PA. 17329 WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED ACTION AGAINST YOU. Date: 5.? / y, g 0 6 ? 00, o o m 1T r- E5 .ems .. W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, CIVIL DIVISION Plaintiff, NO. 08 - 4170 V. PRAECIPE FOR RULE JIMMY MOFFITT, TO FILE COMPLAINT Defendant. (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, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, Plaintiff, v. JIMMY MOFFITT, Defendant. CIVIL DIVISION NO. 08 - 4170 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, William F. Smith, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: n D. Rauch-, 5s- quire isel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has heen mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 6T" day of August, 2008. Lawrence R. Dworkin, Esquire Lawrence R. Dworkin Law Offices 105 Townsend Terrace Wallingford, PA 19086 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.F). By: UT D. Rbuch, Esquire nsel for Defendant a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, Plaintiff, V. JIMMY MOFFITT, Defendant. CIVIL DIVISION NO. 08 - 4170 (Jury Trial Demanded) RULE AND NOW, this day of 1A& , 2008, 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 S day of _ , 2008. s Prothonotary eA Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Lawrence R. Dworkin, Esquire Lawrence R. Dworkin Law Offices 105 Townsend Terrace Wallingford, PA 19086 ;! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, CIVIL DIVISION Plaintiff, NO. 08 - 4170 V. PRAECIPE FOR APPEARANCE JIMMY MOFFITT, Defendant. (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, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, CIVIL DIVISION Plaintiff, V. NO. 08 - 4170 JIMMY MOFFITT, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Jimmy Moffitt, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, J,..P. By: in D. Mauch, Esquire nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 6T" day of August, 2008. Lawrence R. Dworkin, Esquire Lawrence R. Dworkin Law Offices 105 Townsend Terrace Wallingford, PA 19086 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: iri D.'Rauch,"'Esquire nsel for Defendant C7 ?a o ? ?r r ? co c 7 > ` c?a -52 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH WILLIAM F VS MOFFITT JIMMY 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 PLAINTIFF , to wit: MOFFITT JIMMY but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On August 1st , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 47.57 Sheriff of Cumberland County Postage .59 85.16 ? Y`lb9?dS• 08/01/2008 LAWRENCE DWORKIN Sworn and subscribe to before me this day of , A. D. COUNTY OF YORK OFFICE OF THE SHERIFF S(R 96011) 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LWE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Williarn F. Smith 2 COURT NUMBER 08-4170 civil 4. TYPE OF WRIT OR COMPLAINT 3 DEFENDANT/S/ Jimmy Moffitt Writ of Si m)ons WOS SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Jimmy Moffitt 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 3929 Sinketown Road Glenville, PA 17329 7 INDICATE SERVICE' 0 PERSONAL O PERSON IN CHARGE DEPUTIZE GLERT_ Id s 0 1ST CLASS MAIL 0 POSTED U OTHER NOW July 14 , 2CP-8 I, SHERIFF OFD COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this a return thereaf according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERM:T 0 F C 0 U N T Y Cumberland ADV FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER L 1 DATE FILED Lawrence R. Dworkin, Esquire 105 Townsend Terrace, Wallingford, A 610-566-0610 1A nano 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) - _ SPACE 113EIAW FOR USE OF THE %*RFF - DO NOT WRITE BELOW THIS LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 7-15-2008 18-13-2008 16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 0 I her d return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. 7AND TITLE F IN DUA E / LIST ADDRESS HERE IF NOT SHOWN ZTO (R bonship to Defendanq 19. ate of ervice 20 Time of Service J J y aa- os c 0: LI ZL*ir? 21 ATTEMPTS Date Time Miles Int. Date Time Miles Int Dal Ti Miles Int Dale Time Miles Int. Date Time ilea nt. Date Time Miles Int. 22. 23. Advance Costs 4 rnsts ? w 25 N/F 6. Mllea a ? 27. Postage 28. ub Total - P 29. Pound 30. Note b 31 Surchg. 32 Td. Costs Tot. Costs 1 33 ees%-Qw Refund ' Check No ' $100.00 M. 5 7 4R Z 1 5. © W a . 5 Cam 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mdeage/Postage/Nol Found 39. Total Costs 40 Costs Due or Refund l0TH SO ANSWERS 41. AFFIRMED and subscribed to bet me this ? .Sign 45. DATE g 42. day of Sheaff p. ShenfF la E 1 46. Signature of Y 47 DA SEAL ?? county she 7/30/08 us! is ? RICHARD PK ? NTY MY N ES t' UG 12 20 09 48 Signature of Foreign 49 DATE - . , County Sheriff u Cou 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIF F'5 RE 1 UKN blUNA 1 UKt 17 U/? 1 C RCl Cl V C V OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY -Sheriff's Office 4. BLUE - Shenfrs Office X vd Naas, ST I Wd ST Inn AJI)J3HS 3HI 80 DIAJO a3Al303H Lawrence R. Dworkin Law Offices Atty. ID No.: 26697 105 Townsend Terrace Wallingford, PA. 19086 610-566-0610 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION WILLIAM SMITH V. No.: 08-4170 JIMMY MOFFITT COMPLAINT IN CIVIL ACTION NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sue objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandants y requiere que cont todas las provisions de esta demands. Usted puede perer dinero o sus porpiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENT, SI NO TIENE ABAGADO O SINO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA ENPERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA AGAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 717-249-3166 Lawrence R. Dworkin Law Offices Atty. ID No.: 26697 105 Townsend Terrace Wallingford, PA. 19086 610-566-0610 IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY CIVIL DIVISION WILLIAM SMITH V. No.: 08-4170 JIMMY MOFFITT CIVIL ACTION COMPLAINT Plaintiff, William Smith, by and through his attorney, Lawrence R. Dworkin, Esquire, hereby make claim upon Defendant, Jimmy Moffitt, in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, plus costs, as follows: 1. Plaintiff William Smith is an adult individual residing at 7855 Crilley Road, Apt. 403, Glen Burnie, MD 21060 2. Defendant, Jimmy Moffitt is an adult individual residing at 3929 Smoketown Road, Glenville, PA. 17329. 3. On or about July 15, 2006, Plaintiff William Smith was a driver on North Hanover Street near the intersection with Louther Lane in Carlisle, PA. 4. At all times material hereto, Defendant, Jimmy Moffitt, was operating his motor vehicle in the same area as stated in paragraph 3. 5. At all times material hereto, Defendant rear-ended Plaintiff. 6. At all times material hereto, Plaintiff had a traffic control device controlling traffic in his direction. 7. At the aforesaid time and locations, Defendant negligently and carelessly operated his motor vehicle causing same to hit the vehicle in which Plaintiff was a driver, thereby causing injury to the Plaintiff. 8. In addition to the acts and failure to act heretofore described, the negligent, careless and reckless conduct of Defendant consisted of, but is not limited to, the following: a. Failure to proceed in a cautious and prudent manner as a reasonable person would do under the same or similar circumstances; b. Driving at an excessive rate of speed for the conditions then and there existing; c. Failure to sufficiently control Defendant's vehicle so as to be able to avoid the subsequent collision with Plaintiff's vehicle; d. Failure to adequately warn the Plaintiff of the approach of Defendant's vehicle; e. Failure to make a proper observation of the area and Plaintiff's position then and there present at the time and place of the accident; f. Being otherwise negligent and in reckless disregard of the duties owed to the Plaintiff; g. Otherwise negligent at law. 9. The injuries sustained by Plaintiff as heretofore described are due to the acts and omissions of Defendant and was due in no manner to any act or failure to act on the part of the Plaintiff. 10. As a result of this accident, Plaintiff William Smith was caused to sustain severe and permanent injury, including but not limited to: right shoulder and right neck injury or an aggravation of a prior back injury. Plaintiff sustained other ills and injuries to and about his body the full extent of which is not known. 11. As a further result of this accident, Plaintiff became sore, sick, lame and disordered and has been prevented from receiving life's pleasures, all to his detriment and loss. 12. As a further result of this accident, Plaintiff has been forced to expend or owes various sums of money for treatment in excess of these sums required under his motor vehicle insurance. 13. By reason of Defendant's negligence, Plaintiff has been caused to suffer loss of income and wages and/or loss of future income and wage loss. 14. At all times material hereto, Plaintiff was subject to the full tort option. WHEREFORE, Plaintiff demands judgment against Defendant in an amount not in excess of Fifty Thousand ($50,000.00) Dollars, plus costs. WYE IV La ce R Dwor sq Attorney for Plaintiff V? IIC?,?QN WILLIAM SMITH states that he is familiar with the facts as set forth above and that said facts am true and correct to the best of his belief and knowledge. He understands that this statement is subject to the penalties under 18 Pa_ C.S.A. 4901 regarding unsworn falsification to authorities. WILLIAM SMITH Plaintiff LOOO t, F h3 T '? YL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, CIVIL DIVISION Plaintiff, V. NO. 08 - 4170 JIMMY MOFFITT ANSWER AND NEW MATTER , Defendant. (Jury Trial Demanded) TO: Plaintiff You are hereby notified to file a written Filed on Behalf of the Defendant Response to the enclosed Answer and New Matter within twenty (20) days Counsel of Record for This Party: From service hereof or a judgment May be entered against you. Kevin D. Rauch, Esquire Pa. I.D. #83058 p SUMMERS, McDONNELL, HUDOCK, (?1 GUTHRIE and SKEEL, L.L.P. Summers, McDonnell, Hudock, Firm #911 Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, CIVIL DIVISION Plaintiff, V. NO. 08 - 4170 JIMMY MOFFITT, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jimmy Moffitt, by and through his counsel, 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 generally and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Paragraph 7 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. 8. It is admitted that Defendant was negligent in the operation of his motor vehicle on the date, time, and place of the subject accident. The remaining allegations in paragraph 8 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. 13. Paragraph 13 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 demanded at the time of trial. 1029(d) and (e). Strict proof thereof is 14. 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. WHEREFORE, Defendant, Jimmy Moffitt, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 15. 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. 16. Some and/or all of Plaintiffs 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. 17. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 18. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Jimmy Moffitt, respectfully requests this Honorable Court 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 - ,(n D , e"'A E L Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION 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 MATTER 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. §4904, relating to unsworn falsification to authorities. Date: Jimmy #16479 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 15th day of September, 2008. Lawrence R. Dworkin, Esquire Lawrence R. Dworkin Law Offices 105 Townsend Terrace Wallingford, PA 19086 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By:- 0 , b??2_ Kevin D. Rauch, Esquire Counsel for Defendant ? O C - rJ cz rrl G7 n . . 16 Lawrence R. Dworkin Law Offices Atty. ID No.: 26697 105 Townsend Terrace Wallingford, PA. 19086 610-566-0610 IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY CIVIL DIVISION WILLIAM SMITH V. No.: 08-4170 JIMMY MOFFITT PLAINTIFF'S ANSWER TO NEW MATTER 1. Denied as a conclusion of law. 2. Denied as a conclusion of law. 3. Denied as a conclusion of law. 4. Denied as a conclusion of law. WHEREFORE, Plaintiff respectfully requests that Defendant's New Matter be dismissed. I"- pj)A4) Lawrence R. Dworkin, E uire Attorney for Plaintiff K f VERIFICATION LAWRENCE R. DWORKIN, ESQ. states that he is familiar with the facts as set forth above and that said facts are true and correct to the best of his belief and knowledge. He understands that this statement is subject to the penalties under 18 Pa. C.S.A. 4901 regarding unsworn falsification to authorities. 4&111ru / - 11-4141MY1 k.. L CE R. D O , ESQ. Attorney for Plaintiff t' •'? ?, r„n rat '"? r ?* p ry ?.J ) a ? ' ? ?',? 6f" . yy? .rr y y 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, CIVIL DIVISION Plaintiff, NO. 08 - 4170 V. PETITION FOR APPOINTMENT OF JIMMY MOFFITT, ARBITRATORS Defendant. (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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, Plaintiff, CIVIL DIVISION V. JIMMY MOFFITT, Defendant. NO. 08 - 4170 (Jury Trial Demanded) PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Rauch, Esquire, counsel for the Defendant in the above-referenced action, respectfully represents that: 1. The above-captioned action is at issue. 2. The amount in controversy is $50,000 or less. 3. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: Kevin D. Rauch, Esquire; Erick V Violago, Esquire; and Lawrence R. Dworkin, Esquire. WHEREFORE, your Petitioners pray your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By. evin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 6th day of October, 2009. Lawrence R. Dworkin, Esquire Lawrence R. Dworkin Law Offices 105 Townsend Terrace Wallingford, PA 19086 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: C Kevin D. R uch, Esquire Counsel for Defendant FILE }- r" }CE OF THE PP0*F[J nX TARY 2009 OCT -7 PM 2: O3 CtlF,?IJ? a 00UNTY PENNSYLVANLIA $a4 cc Pp A TTr CI?'? ?u3 R? 0231 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, Plaintiff, V. JIMMY MOFFITT, Defendant. Y ORDER AND NOW, this I `day of , 2009, in consideration of the foregoing petition, CIVIL DIVISION NO. 08 - 4170 (Jury Trial Demanded) Esquire, arbitrators in the above-captioned action as prayed for. Distribution List: V---Lawrence R. Dworkin, Esquire Lawrence R. Dworkin Law Offices 105 Townsend Terrace Wallingford, PA 19086 (Attorney for Plaintiff) evin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Attorney for Defendant) /7'I W LL e0R"R ire, and Esqu Esquire, are appointed BY CO R VJ. & 45 LA 1 !! t ?'• r- 4' 2009 OCT 1 5 rl 11 8 RLM-OF 0 THt PPOTHoNOTARY 2010 MAR -3 PH Z: 59 CUP?1 J-vUf ;Y P iIIv%SYL.Vi v`vlA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, CIVIL DIVISION Plaintiff, NO. 08 - 4170 V. MOTION TO COMPEL ANSWERS TO JIMMY MOFFITT, SUPPLEMENTAL INTERROGATORIES Defendant. (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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16479 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM F. SMITH, Plaintiff, CIVIL DIVISION V. JIMMY MOFFITT, Defendant. NO. 08 - 4170 (Jury Trial Demanded) MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, comes the Defendant, Jimmy Moffitt, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Supplemental Interrogatories and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on July 15, 2006. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On December 4, 2009, the Defendant served the Plaintiff with Supplemental Interrogatories relative to the above-referenced matter. A true and correct copy of the correspondence between the parties dated December 4, 2009, is attached hereto as Exhibit "A." 4. In accordance with the Pennsylvania Rules of Civil Procedure, the Plaintiffs Answers to Supplemental Interrogatories should have been received by January 4, 2010. 5. On January 19, 2009, February 1, 2010, and February 16, 2010 Defendant's counsel forwarded correspondence to Plaintiffs counsel requesting that he respond to the outstanding discovery. A true and correct copy of the correspondence between the parties dated January 19, 2009, February 1, 2010, and February 16, 2010 is attached hereto as Exhibit "B." 6. To date, the Defendant has not received any response from the Plaintiff or Plaintiffs counsel regarding the Defendant's discovery requests. 7. It is necessary for the proper defense of this lawsuit that the Plaintiff file full and complete responses to the Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable Court to enter an Order directing the Plaintiff to provide the Defendant with full and complete responses to Defendant's Supplemental Interrogatories within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted to contact with Plaintiffs counsel as set forth above to resolve this discovery dispute. Despite such attempts by Defendant's counsel, the Plaintiffs discovery responses have not been received. 10. Opposing counsel does not concur in this Motion. WHEREFORE, Defendant, Jimmy Moffitt, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to produce full and complete responses to the Defendant's discovery requests. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, e Counsel for Defendant December 4, 2009 Gerald F. Gay, Esquire Arnold, Sevel, & Gay, P.A. The B&O Building Suite 560 2 North Charles Street Baltimore, MD 21201 RE: Smith v. Moffitt Our File No. 16479 Dear Mr. Gay: Enclosed please find Supplemental Interrogatories directed to your client. Kindly respond to the same within the timeframe provided by the Pa.R.C.P. Should you have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Erick V. Violago EVV:kan Enclosures cc: Lawrence R. Dworkin, Esquire (w/out enclosures) January 19, 2010 Gerald F. Gay, Esquire Arnold, Sevel, & Gay, P.A. The B&O Building, Suite 560 2 North Charles Street Baltimore, MD 21201 RE: Smith v. Moffitt Our File No. 16479 Dear Mr. Gay: In review of my file, I noticed I have not yet received your client's Answers to the Supplemental Interrogatories. For your reference, this discovery request was served on December 4, 2009. If you require additional time to provide the answers, I would be willing to grant an extension if you contact me to discuss the same. Further, I have yet to receive a response regarding any films signed out by your client. I look forward to receiving the same. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Erick V. Violago EVV February 1, 2010 Gerald F. Gay, Esquire Arnold, Sevel, & Gay, P.A. The B&O Building, Suite 560 2 North Charles Street Baltimore, MD 21201 RE: Smith v. Moffitt Our File No. 16479 Dear Mr. Gay: Please be advised that I have recently taken over all aspects of the above case. As such, upon receipt of this correspondence, kindly contact me so that we may discuss the status of your client's Answers to Supplemental Interrogatories and any other outstanding discovery as the Arbitration of this case approaches. look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan February 16, 2010 Gerald F. Gay, Esquire Arnold, Sevel, & Gay, P.A. The B&O Building Suite 560 2 North Charles Street Baltimore, MD 21201 RE: Smith v. Moffitt Our File No. 16479 Dear Mr. Gay: Please be advised that in review of my file, I have noticed that I am not yet in receipt of your client's Answers to Supplemental Interrogatories in the above-referenced matter. As you recall, the discovery requests were sent to you on December 4, 2009. Should I not receive your client's discovery responses in a reasonable period of time, I will be forced to file a Motion to Compel with the Court. In addition, in review of my file, it appears that I am not yet in receipt of executed authorizations for release of your client's records from the following providers: 1. George Washington University Hospital; 2. Healthcare for the Homeless; and 3. Carefirst Blue Cross/Blue Shield. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. Finally, upon receipt of this correspondence, kindly contact me so that we may discuss whether or not your client is in possession of any of his films in this case. I look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS: ka n cc: Lawrence R. Dworkin, Esquire CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 2nd day of March, 2010. Lawrence R. Dworkin, Esquire Lawrence R. Dworkin Law Offices 105 Townsend Terrace Wallingford, PA 19086 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. _ By: K Kevin Rauch, Esquire Counsel for Defendant WILLIAM F. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-4170 CIVIL JIMMY MOFFITT, Defendant IN RE: DEFENDANT'S MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES RULE TO SHOW CAUSE AND NOW, this A' day of March, 2010, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument shall be scheduled if requested in any answer; and 5. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, Kevin NA less, J. c ° n 23 ,? co C? MID -? m G' 77 0 -? Plaintiff i? AA Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 69 - g0t!l Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fid S e Signature la ? ? ???s Nana (Chairman) 444ct? ? Law Firm / Address ?%(-/(sje P?- l 70 f3 City, % Zip Name "?tickre.? d, ` 0%.te r rw :X(' Name ?K),,q ins ?o?.,,,?? + Ass?c, Law Firm Law Firm ? 2 S ?s Oil, j S S S. 4 *.*uvrr S-+, Address Address YUt C st/tcs lE.PN City, zip city, zip 0/\_ r , . Arbit;Oor, disseno.-Mr Bert name if Date of Hearing: 3 -3141 Date of Award: '3? 4( / 6 Notice of Entry of Award Now, the day: of 2010 _, at a: 3 % , -P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upoa appeal: $ By: Deputy Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) J` El 2010 MAR 31 Phi 2:.30 r CE ?tjV?3?Lt?r•.e??t;r ?ric( ?. 13?f !Z? FILE, 7 H- u'-? 7419y 2010 HAY 18 P 2:55 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTMJ,+-NNSYLn)J WILLIAM F. SMITH, CIVIL DIVISION Plaintiff, V. NO. 08 - 4170 JIMMY MOFFITT, (Jury Trial Demanded) Defendant. PRAECIPE TO SATSIFY AND DISCONTINUE TO: THE PROTHONOTARY Please mark the above-referenced case satisfied and discontinued, with prejudice. Respectfully submitted, LAWRENCE R. DWORKIN LAW OFFICES By: Lawrence R. Dw in, Esquire Counsel for Plaintiff MAY 2 2VO BY: --------------------