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HomeMy WebLinkAbout08-4570IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF SUMMONS HARRY & VICTORIA CORSNITZ, Sr. H/W 703 Mahanoy Valley Road Duncannon, PA 17020 N }i I -f c rAk V. File No.08- Z1,V 7 0 c)-vii GNANA CHINNIAH 506 Erford Road Camp Hill, PA 17011 TO THE PROTHONOTARY OF THE SAID COURT: Kindly issue Writ of Summons against Defendant GNANA CHINNIAH in the above matter. Date: July 29, 2008 Signature: Print Name: MARK T. SOPHOCLES, ESQ. 21 Industrial Blvd., Suite 201 Paoli, PA 19301 ATTORNEY FOR PLAINTIFFS HARRY & VICTORIA CORSNITZ, Sr. H/W Supreme Court ID No: 74998 THFILED-OFFICL PROTHONOTARY 2012 JAN --4 AM 1I: 53 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire and Robert D. O'Brien, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Gnana Chinniah, in the above-captioned matter and mark the docket accordingly. GRIFFITH, S BY: LERMAN, ROBERT A. LERMAN, ESQUIRE #PA07490 BY: _ U 'ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax Dated: January 3, 2012 rlermanggslsc.com Ro'brien@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, : Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3id day of January, 2012, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that 1 have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire Jefferson J. Shipman, Esquire 21 Industrial Boulevard, Suite 201 Johnson, Duffle, Stewart & Weidner Paoli, PA 19301 301 Market Street (Plaintiffs' Counsel) P.O. Box 109 Lemoyne, PA 17043-0109 GRIFFITH, STRICKM, LERMAN, SOLYMOS & CALKIN 5 BY: RVBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman@gslsc.com ro'brien@gslsc.com klr/chinniah-entry ?:a .?s.;,,; to ~ r ?-- ?-n i`?$z r : ...? ? ?s ?° , T ^? r, ?q "; ?" t1 ? ?'?.. ?-A y. Y+y ?? / W ?Y w.} ? +h ?+ T 1 ? ?\" ? , ? ( ^ v d ?.._ n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WRIT OF SUMMONS HARRY & VICTORIA CORSNITZ, Sr. H/W 703 Mahanoy Valley Road Duncannon, PA 17020 V. File No.08- yS 76 L++11 "tttA GHANA CHINNLAH 506 Erford Road Camp Hill, PA 17011 TO THE DEFENDANT: GNANA CEM14MAH You are hereby notified that HARRY & VICTORIA CORSNITZ, Sr. H/W have commenced an action against you. Date• July 29, 2008 60 urns R. L ro otary By: (Deputy) SHERIFF'S RETURN - REGULAR CASE NO: 2008-04570 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORSNITZ HARRY SR ET AL VS CHINNIAH GNANA MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CHINNIAH GNANA the DEFENDANT , at 0019:35 HOURS, on the 15th day of August 2008 at 506 ERFORD ROAD CAMP HILL, PA 17011 by handing to SUGANTHINI CHINNIAH WIFE OF DEFENDANT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage ??a3la??? Sworn and Subscibed to before me this So Answers: 18.00 15.00 ? .00 10.00 R. 'Thomas Kline .42 43.42 08/19/2008 MARK SOPHOCLES By: <"/ day eputy S eriff of A. D. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: "sdMidsw.com HARRY AND VICTORIA CONRSNITZ, SR., HM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Gnana Chinniah in the above-captioned matter. Respectfully submitted, JOHN$0_N, DUFFIE, STEWART & WEIDNER Date: January 6, 2009 354585 J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Chinniah CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 6, 2009: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER efferson J. S man, Esquir -71 y JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jis(ccDidsw com HARRY AND VICTORIA CONRSNITZ, SR., HM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant TO THE PROTHONOTARY: CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. JO N, DUFFIE, STEWART & WEIDNER B Date: January 6, 2009 Je erson J. Shi man, Esquire RULE TO: Plaintiffs Harry and Victoria Corsnitz, Sr. c/o Mark T. Sophocles, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: x/07/pct othonota 354590 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 6, 2009: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 44;Aon J. Ship n, Esquire t'? ?? _? ??..- ?:;;. ??? a.. , .. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I . D. No. 51785 301 Market Street P. O: Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjsCc?idsw com HARRY AND VICTORIA CORSNITZ, SR., H/W, Plaintiffs V. GNANA CHINNIAH, Defendant TO THE PROTHONOTARY: PRAECIPE NO. 2008-4570 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on January 7, 2009, and served on the date reflected in the attached Certificate of Service. Date: January 14, 2009 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. &dA 4Jeffrson-J. Shipman, Es wire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,b V% CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 9, 2009: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 4ersB F J. Shipm , Esquire ,ft 77) C-. JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCc?idsw.com HARRY AND VICTORIA CONRSNITZ, SR., H/W, Plaintiffs V. GNANA CHINNIAH, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. JO LJeffe DUFFIE, STEWART & WEIDNER B Date: January 6, 2009 rs on J. Shi man, Esquire RULE TO: Plaintiffs Harry and Victoria Corsnitz, Sr. c/o Mark T. Sophocles, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. DI" COPY FROM RECORD ? M ? 1AtlIA?", I bWo unto 88t my tWx! A 88M EaD1ld 9 G04", Pd. ul0!!G./... 4- Af CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 14, 2009: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 6fferis-on J. Shipman, Esquire mss; ? ?? ` _ = J `" Ln rL MARK THOMAS SOPHOCLES, LLC By: Mark Thomas Sophocles, Esquire Attorney I.D. # 74998 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Tel. (610) 651-0105 Fax (610) 651-0106 JURY TRIAL DEMANDED ATTORNEY FOR PLAINTIFFS HARRY AND VICTORIA CORSNITZ, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARRY & VICTORIA CORSNITZ, Sr. H/W 703 Mahanoy Valley Road Duncannon, PA 17020 V. Civil Docket# No.08-4570 GNANA CHINNIAH 506 Erford Road Camp Hill, PA 17011 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO 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 OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 MARK THOMAS SOPHOCLES, LLC By: Mark Thomas Sophocles, Esquire Attorney I.D. # 74998 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Tel. (610) 651-0105 Fax (610) 651-0106 JURY TRIAL DEMANDED ATTORNEY FOR PLAINTIFFS HARRY AND VICTORIA CURSNITZ, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARRY & VICTORIA CORSNITZ, Sr. H/W 703 Mahanoy Valley Road Duncannon, PA 17020 V. Civil Docket# No.08-4570 GNANA CHINNIAH 506 Erford Road Camp Hill, PA 17011 CIVIL ACTION COMPLAINT- LAW Plaintiffs, Harry and Victoria Corsnitz, Husband and Wife, by and through their attorneys, Mark Thomas Sophocles, LLC hereby sets forth this Civil Action Complaint and avers as follows: GENERAL AVERMENTS 1. Plaintiffs, Harry and Victoria Corsnitz, husband and wife are adult individuals who reside at the above-captioned address. 2. Defendant, Gnana Chinniah is an adult individual who leased certain real property to Plaintiffs and who operates a real estate business and resides at 506 Erford Road Camp Hill 17011 and who regularly and continuously conducts business in the County of Cumberland, Pennsylvania. 3. At all times material hereto Defendant, acted or failed to act by an through their agents, servants, work persons, operators and employees who were acting within the course and scope of their authority and employment with Defendant and in furtherance of Defendants' businesses, owned, maintained, controlled, had a duty to maintain, and operated as a rental the premises and property where the accident occurred in a safe manner without hazards and or dangerous conditions. 4. On or about August 7, 2006 and for some time prior thereto, Defendant negligently, carelessly and recklessly maintained their property/premises at 439 2nd St. Emola, PA. 17025 and Defendant knew and/or should have known the railing would be used and utilize to embark and disembark from the premises and to move throughout the premises in the routine course of occupation of said premises. 5. At all times relevant hereto, the aforementioned property/premises was under the care, custody and/or control of Defendant who was responsible for the maintenance of the property/premises, had duties and obligations to maintain the property /premises, without hazard, and obstructions such as would provide a safe route of ingress and egress on the premises for business invitees like Plaintiff. 6. On the date of the accident, Plaintiff who was lawfully present on the subject property having leased the subject property (as attached Lease Agreement "Exhibit A") when suddenly and without warning he fell abruptly on the dangerous and defective conditions of faulty stair railing when it pulled out from the wall, causing serious, severe and permanent injuries to the Plaintiff, as more fully set forth herein at length while using reasonable care and caution and without any degree of contributory conduct on his part. 7. Plaintiff avers that Defendants had or should have had notice of the existence of deficiency defects and/or dangerous conditions upon the property/premises since said condition had existed for some time prior to the accident. 8. By reason of the foregoing and as a direct and proximate result of the aforementioned negligent and careless conduct on the part of the defendants, plaintiff was caused to sustain serious impairment of bodily functions and other serious injuries and disfigurements to various parts of plaintiff's body. 9. The aforesaid accident was due solely to the negligence and carelessness of the Defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. WHEREFORE, Plaintiff s demand damages of the Defendant herein a sum in excess of Fifty Thousand Dollars ($50,000.00), plus costs. COUNT I - NEGLIGENCE PLAINTIFF, HARRY CORSNITZ v DEFENDANT, GNANA CHINNIAH 10. Plaintiffs hereby incorporate by reference the averments contained in Paragraphs 1 through 9 as though they were more fully set forth herein at length. 11. The negligence, carelessness and recklessness of the Defendant consisted, inter alia, of the following: a. Allowing and causing a dangerous and defective condition to exist on the Defendants' property/premises at the aforesaid location, of which Defendant knew or should have known by the exercise of reasonable care that in the subject unit a defective, hazardous and dangerous condition, namely a handrail on a staircase which was improperly maintained, secured, built etc. caused Harry Corsnitz to fall down stairs ; b. Said dangerous conditions created a reasonably foreseeable risk of the occurrence of injuries which Plaintiff sustained; C. Defendant knew or should have known of the existence of said dangerous condition; d. Failing to give warning or notice of the defective condition to business invitees like Plaintiffs; e. Failing to inspect the aforementioned location; f. Failing to repair, remediate, correct or make safe the aforesaid defective and dangerous condition; g. Failing to provide Plaintiff with a safe and adequate passageway to exit the aircraft; h. Failure to properly and fully clear ice and snow on the marked /delineated passageway to exit an aircraft used by business invitees thereby creating hazardous conditions; L Permitting a highly dangerous condition to exist for an unreasonable length of time; j. Failing to perform duties which they had assumed or which reasonably should have been undertaken under the circumstances; k. Failing to use due care under the circumstances; 1. Acting in a manner that was negligent per se; m. Failing to comply and obey Federal, Pennsylvania and Cumberland County, BOCA, municipal codes and rules regarding building, rental, safety standards; 12. By reason of all the foregoing, the Plaintiff Harry Corsnitz suffered severe and permanent injuries to his shoulder, neck, back, hip, upper extremities requiring surgery to repair permanently injured tendons, ligament, nerves, back, neck, broken hip but not limited to extensive, painful bodily injuries and/or exacerbation of all known and unknown pre-existing medical conditions and Plaintiff suffered internal injuries of an unknown nature, he suffered severe aches, pains, mental anxiety and anguish and a severe shock to his entire nervous system and other injuries, the full extent of which is not known. 13. As a result of the aforesaid occurrence, the Plaintiff has been compelled, in order to effectuate a cure for the aforesaid injuries, to expend sums of money for medicine and medical attention and may be required to expend additional sums for the same purpose in the future, and has incurred economic and non-economic losses as set forth throughout. 14. As a result of all the foregoing, the Plaintiff has been prevented from his usual and daily activities and may be so prevented for an indefinite time in the future, all to his great financial detriment and loss. 15. As a result of all the foregoing, the Plaintiff has suffered physical pain, mental anguish and humiliation and loss of life's pleasure, and he may continue to suffer same for an indefinite time in the future. 16. As a result of all the foregoing, Plaintiff has or may suffer future losses and impairment of earning capacity or power for which a claim is hereby made. WHEREFORE, Plaintiffs demand damages of the Defendant herein a sum in excess of Fifty Thousand Dollars ($50,000.00), plus costs. COUNT II - LOSS OF CONSORTIUM PLAINTIFF, VICTORIA CORSNITZ v GNANA CHINNIAH 17. Plaintiffs incorporate by reference all of the proceeding averments as if fully set forth herein. 18. Plaintiff, Victoria Corsnitz, at all times relevant herein has been married to co-Plaintiff Harry Corsnitz and has cohabitated with Plaintiff Harry Corsnitz at their home in the town of Duncannon, Cumberland County, Pennsylvania. 19. As a further result of the negligence of Defendant as aforesaid, Wife-Plaintiff Victoria Corsnitz has been and will be in the future deprived of the consortium, has been obligated to perform extensive additional household duties, conjugal services, assistance and companionship of Husband-Plaintiff Harry Corsnitz. WHEREFORE, Plaintiffs demand damages of the Defendant herein a sum in excess of Fifty Thousand Dollars ($50,000.00), plus costs. Date: January 22, 2009 MARK T. SOPHOCLES, ESQ. 21 Industrial Blvd., Suite 201 Paoli, PA 19301 ATTORNEY FOR PLAINTIFFS Supreme Court ID No: 74998 VERIFICATION I, Mark Sophocles, as authorized attorney for Plaintiffs, Harry and Victoria Corsnitz, husband and wife hereby deposes and states, that the undersigned, in the within action, and as such is authorized to make this verification on their behalf; that Plaintiff's Complaint in accordance with the representations made by Plaintiffs and that the same are true and correct to the best of his knowledge, information and belief, and that this verification is giYrities 18 ursuant t e penalties of Pa C.S.A. section 4904 relating to unsworn falsifications to au . MARK CERTIFICATE OF SERVICE I, Mark T. Sophocles, Esquire, hereby certify that I served a true and correct copy of the foregoing, by first class mail, postage prepaid on January 22, 2009, as follows: Jefferson Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 MARK THO4$ SOPHOCLES, LLC BY: MARK T. SOPHOCLES, ESQUIRE EXHIBIT "A" : RESIDENTIAL LEASE AGREEMEN . ' THIS AGREEMENT, made as of this 1 day of , by and between GNANA CHINiNIA11, an adult individual principally residing at 506 Erford Road, Camo Will, Cardberland County, Pennsylvania 17011 (hereinafter referred to as "Lessor"); and thereinafter referred to as "Lessee"). WITNESSETH: Thal, in consideration IVthe rents and covenants hereinafter stipulated to be paid and performed by Lessee, and in consideration of the parties' dal covenanti,and agreements hereinafter set forth, Lessor does hereby demise, let and lease unto Lessee all real property, including any.and all improvements mi t r on, located on Lessor's property known and numbered as PA ? 7 v2-S (hereinafter, referred to as "L"eased Property"), upon the f'oi'leiving terms, stipulations, covenants, conditions and agreements, all of which the Lessor and Lessee, intending to be-legally bound hereby, covenant and agree to keep and perform: 1. TERM. Lessee shall have and hold the Leased Pro erty, under the terms and conditions of this Residential Lease A?rer?en a t' or twelve (12 months beginning on , ?.-19'O 'Z and ending at midnight on 01e C?W? ? After the expiration of the initial term, 'this Lease shall automatically be renewed from year to year, unless either Lessor or Lessee-shall give sixty (60) days written notice to the contrary. 2. USE OF PROPERTY. Lessee shall only use the Leased Property as a private dwelling for the persons who have signed this Lease Agreement and their minor children, if any. Unless prior Nvritten consent is obtained from Lessor, only the persons who have executed this Lease Agreement and their minor children, if any, may occupy the Leased Property or use any other facilities located on the Leased Property. Lessee shall not permit the Leased Property to be used in any unlawful, unwholesome or immoral purpose, or any disorderly pr other manner that may be disturbing to any of the neighboring properties, or for any purpose that may constitute an illegal act o injure the reputation of the Leased Property. In addition, Lessee shall observe and-comply with any reasonable rules and regulations?now or hereinafter established by Lessee for the management and operation of the Leased Property. 3. RENT. Rent shall be paid to Lessor at the address listed above, or such other place the Lessor may designate in advance 3L I 'i'b Dollars on the first day of each and evety calendar month of the Lease. term. Rent is due and payable at the rate of each month. If the monthly rental amount is not paid by the fifth (5th) day of each month, a late fee of five ($S.Ollars per day, not to exceed the maximum late fee of fifty ($50.00) Dollars per morith, will be charged and added to the monthly rental amount. Lessor recognizes that Lessee will be taking possession of the Leased Property on or about . 1'S .? ;2?Q? Accordingly, the monthly rental amoii t for; the first month shall b)e . $ `-? Dollars, which amount shall be tendered to Lessor upon Lessee's possession of the Leased Property The Lessee`further agrees to pay. Twenty and no/100 (520.00) Dollars for each dishonored check tendered to Lessor. 1J, D_ 4.SECURITY DEPOSIT. Lessee covenants and agrees to. pay, and Lessor acknowledges receipt of, a security deposit of $? 75 Dollars, which sum does not exceed the equivalent of two (2) months' rent. This security deposit shall be returned to Lessee within thirty (30) days after the Leased Property is vacated, provided Lessee has furnished Lessor with a written forwarding address, less dam s, unpaid rent or othe4 unpaid obligations incurred by Lessee with regard to the Leased Property. The Lessee may not apply the sec dep it to gFry of the rent payments, including the last monthly rental payment. The security deposit will be forfeited if Lessee va'eates t e premises prior to the expiration of the initial twelve (12) month term, Avents UTILITIES, TAXES AND EXPENSES. Lessor and Lessee intend that the monthly rental amount set forth herein shall be paid in by Lessee. Lessee shall also be responsible for any and all expenses incurred in connection with the Leased Property, including but not limited to all utilities (i.e. electric„gas-, epZW water and any other utilities), heat, snow removal, ?a aeeer insurance and repairs as set forth herein to the Leased Property. The mortgage payment on the Leased Property and all real estate taxes will be the responsibility of Lessor] pa ?c 3 - of X To that end, Lessee covenants and agrees to pay all bills which may be incurred for water, light, heat, power, sewage and any other utilities furnished or supplied to and upon the Leased Property during the term of this Lease, and Lessee does hereby release Lessor from any damage which may result by reason of failure of the supply of water, heat, light, power, gi:wgTor other utilities. Should Lessee fail to pay any bills as aforesaid, Lessors shall have the right (but not the obligation) to pay the same and the amount as paid shall be chargeable by Lessor to Lessee as additional rent. 6. INSURANCE. Lessee shall cant' adequate insurance on their personal property which may be in or upon the Leased Property. Lessor, his employees, agents or representatives, shall not be liable to Lessee for loss of or damage to said personal property .t :)m acts, events, conditions or casualty occurring in, on or about the Leased Property unless due to their gross negligence. Lessor shall responsible for carrying hazard insurance upon the building which is situate upon the Leased Property. Lessee acknowledges that they are aware that they are responsible for obtaining any'desired insurance for fl'fe, theft, or other liability on their personal possessions and waives any right of subrogation against Lessor. y. RIGHT OF ACCESS. Lessor and his authorized agents and representatives, shall at all reasonable hours and times have. the right to enter upon the Leased Property, with or without the consent of the Lessee, to examine the same and to demand that L•!ssee promptly perform such repairs to the Leased Property as may be reasonable to maintain the property in accordance with the Lease provisions. Reasonable hours for purposes of this Lease shall be between the hours of 10:00 A.M. and 8:00 P.M., on any day of the week except for Sunday. In case of emergency, Lessor and his authorized agents and representatives may enter at any time to protect life and prevent damage to the Leased Property. If either Lessee or Lessor have made written notification of an intention not to extend the Lease term, Lessor and his authorized agents and representatives shall have access to post on the Leased Property the usual notice "To let" or "For rent", in anticipation of the termination of this Lease, during the last two (2) months of the then current Lease term. 8. HOLD HARMLESS. Lessee shall indemnify and hold harmless Lessor against any and all liability, damages, judgments and expenses by reason of any claim for injury to person or property arising from Lessee's use and occupation of the Leased Property, or from any act or negligence of Lessee, their agents, representatives, invitees and/or licensees, including those resulting from any work in connection with repairs, alterations or improvements. 9. SUBLETTING AND ASSIGNMENT. Lessee shall not assign or sublet the whole or any part of the Leased Property to anyone for any purpose whatsoever without prior written consent of Lessor. 10. REPAIRS. Lessee shall, at their expense, replace any broken glass in and on the Leased Property and maintain the same D in good, clean and safe condition and repair. Lessor shall be responsible for any major repairs, within a reasonable time after Lessee has notified Lessor by written notice of the need of such major repairs, except that any damage caused by acts or omissions of Lessee or Lessee's invitees or licensees shall be the responsibility of Lessee. For purposes of this Lease, major repairs shall be defined as those single repairs that exceed One Hundred and no/100 (S100.00) Dollars. In addition, without prior written consent of Lessor, Lessee shall not paint, mark, drive nails or screws into, deface in any way, or make alterations or improvements to the walls, the ceilings, floors, windows, cabinets, woodwork, stone, iron work or any other parts of the Leased Property, whether inside or outside. Upon termination of this Lease Agreement, Lessee shall be responsible for thoroughly cleaning the Leased Property and restoring it to its original condition, repair and appearance as of the date of this Lease, ordinary wear and tear expected. Furthermore, Lessee shall be responsible for obtaining a professional carpet cleaning of the premises upon their vacating the Leased Property. In the event that Lessee fails to abide by these covenants, Lessee hereby agrees to be responsible for the cost of doing the same. Upon termination of this Lease, if Lessee does not remove any and all alterations, furniture, additions and/or improvements within ten (10) days after vacation of the Leased Property, the same shall be deemed abandoned by Lessee and shall be and become the property of Lessor. 11. ITEMS FURNISHED BY LESSOR. The appliances and other items furnished by Lessor and existing on the Leased Property prior to occupation of the premises by Lessee shall be and remain the property of the Lessor. Lessee hereby agrees that in the event that any of the appliances or other items furnished by Lessor are damaged, normal wear and tear excepted, Lessee shall be responsible for repairing or replacing the same. 12. FIRE OR CASUALTY LOSS. Should the Leased Property or the building thereon be destroyed by fire or other casualty Lessor shall, except as otherwise provided herein, repair and rebuild the building with reasonable diligence. Should, however, the fl?,1, f,e?s 2 ?t1?ir ? 01? 0 Leased Property or any part thereof, or the building situate thereon, be destroyed or so substantially damaged by fire or other casualty that they are rendered untenantable and cannot be rendered tenantable within a period of sixty (66) days, Lessor shall have the option by serving written notice upon Lessee within sixty (60) days after the destruction or damage occurs, to terminate this Agreement of Lease, in which case Lessee shall vacate the Leased Property as promptly as possible, paying reasonable rent for such use of the Leased Property as they had from the date of the casualty to the date they vacate; provided, however, that if Lessor shall elect to repair such damage or destruction and shall notify Lessee within sixty (60) days after the destruction or damage occurs, and shall commence such repairs within such sixty (60) day period and shall diligently continue with such repairs thereafter, Lessee shall have no right to terminate this Lease Agreement by reason of such damage, destruction or repairs. In the event that there shall be damage to the Leased Property or the building situate thereon, which does not render the Leased Property untenantable for more than sixty (60) days or if, although it cannot be rendered tenantable within sixty (60) days, Lessor does not elect to terminate this Lease, Lessor shall promptly repair the damage. During any period when the premises or the building situate thereon is not in a tenantable condition by reason of such casualty, rent shall abate in proportion to the loss of use of the Leased Property. 13. EMINENT DOMAIN. In the event that the Leased Property or any portion thereof, shall be taken for any public or quasi-public use, under' any statute, or by right of eminent domain, the term of this Lease Agreement, at Lessor's option shall be terminated, in which case the rent shall be apportioned and paid to the time of such termination. Lessee hereby agrees to cooperate with Lessor to maximize recovery from the condemnor, but any award, compensation or damages shall be Lessor's alone. 14. DEFAULT. If Lessee shall use the Leased Property other than for the purposes as herein permitted, or the Leased Property shall be deserted or vacated, or any payment of the rent in whole or in part is not made by the fifth (5th) day of each month, or if default occurs in any of the other performances herein agreed to by Lessee, or if Lessee fails to comply timely after notice is given to Lessee with any statutes, ordinances, rules, orders, regulations or requirements of any federal, state or local governmental department or bureau that relates to the Leased Property and for which Lessee is responsible hereunder, or if Lessee shall make an assignment for the benefit of creditors, or if this Lease shall, by operation of law or otherwise, pass to any person other than as permitted by the provisions of : ! ease, or if any execution shall be issued against lessee, or if a receiver or custodian of the property of Lessee shall be appointed in uiiy suit or proceeding brought by or against Lessee, then in any such case, if Lessee fails to immediately cure their default and continue their obligations under this Lease: a) It shall be lawful for Lessor to immediately and automatically terminate this Lease, reenter the Leased Property, and to repossess and enjoy the same; and b) Then: shall become due the full rent remaining due under the term of this Lease, excluding any options to extend the term hereunder, and c) Lessee shall be deemed in default of their obligations for purposes of an action in ejectment, and a writ of possession may be issued with full award of damages and costs, including the costs of reasonable attorney fees. Lessee convenants and agrees that in the event of an action for ejectment,-or any other action or proceeding to dispossess Lessee, the right of redemption provided or permitted by any statute, law or decision now or hereafter in force, and the right to any further judicial proceedings provided or permitted by any statute, law or decision now or hereafter in force, shall be and hereby are expressly waived. 15. NOTICE TO QUIT. THE LESSEE HEREBY WAIVES THE USUAL NOTICE TO QUIT or notice to reenter the Leased Property and agrees to surrender the property at the expiration of the term, or the termination of this Lease without any notice whatsoever. 16. ACCEPTANCE OF BREACH. Acceptance by the Lessor of any portion of the rent at any time after the same shall become due, after default has been made in the payment thereof, or after any failure to enforce any of the rights herein reserved to Lessor or any of the penalties, forfeitures or conditions contained herein, shall not in any way be considered a waiver of the right to enforce the same at any time, without any notice whatsoever, and any attempt to collect the rent through one proceeding shall not be considered as a waiver of the right to collect the same by another proceeding. All of the rights and remedies of the Lessor hereunder may be enforced concurrently, successively or in the alternate, at Lessor's discretion. In addition, no waiver of a breach of any of the covenants of this Lease Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 11. BINDING NATURE. The provisions of this Lease Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. Without limiting the foregoing, in the event the Leased Property or any part thereof are sold, transferred or conveyed, the purchaser, transferee or grantee shall take the same under and subject to the provisions of this Lease Agreement. 3 18. SUBORDINATION. Subject to the provisions hereof, this Lease Agreement shall be subject and subordinate at all times to the lien of any existing mortgages and any mortgages that hereafter may be a lien upon the Leased Property and although no instrument or act on the part of Lessee shall be' necessary to effectuate such subordination, Lessee will, nevertheless, execute and deliver such further instruments subordinating this Lease Agreement to the lien of any such mortgage as may be desired by the Mortgagee and Lessor. 19. SEVERABILITY. The invalidity or illegality of any provision of this Lease Agreement shall not affect the remaining, provisions hereof. 20. JOINT AND SEVERAL OBLIGATION. If Lessee consists of more than one person, the obligation of all such persons is joint and several. 21. CAPTIONS. The captions or titles to the various paragraphs of this Lease Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Lease Agreement or of any of the parts thereof. 22. NOTICES. Any notices or other communications required hereunder shall be given to Lessor at his home address listed above and to Lessee at the Leased Property. All notices given under this Lease shall be sent by United States first-class, Certified Mail, Return Receipt Requested, with postage prepaid. Notwithstanding the above, the parties hereto may from time to time make any other party or address to which notices should be sent hereunder. 23. MISCELLANEOUS. The provisions of this Lease shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. This Lease Agreement represents the entire agreement and understanding between the parties hereto relative to the demise of the Leased Property to Lessee, and nothing contained in this Lease shall be modified or varied other than by a written instrument executed by both Lessor and Lessee hereto. Where used in this Lease, unless the context otherwise clearly requires: the plural shall include the singular and vice versa; the use of any particular gender shall include any other applicable genders; and the words "hereof', "hereunder", "herein" and similar compounds of the word "here" shall mean and refer to this entire Lease and not to any particular provision or paragraph of this Lease. 24. RULES AND REGULATIONS: (a) Pets: Animals, birds, fish, or pets of any kind shall not be permitted inside or outside the Leased Property at any time unless the prior written approval of the Lessor has been obtained. (b) Si s: Lessee shall not display any signs, exterior lights, or markings. No awning or other projections shall be attached to the outside of the building. (c) Locks: Lessee is prohibited from adding locks or in any way changing or altering locks installed on the doors of the building located on the Leased Property. No keys shall be copied by Lessee without prior written approval of Lessor. All keys must be returned to the Lessor upon termination of the Lease. (d) Entrances, walks, and lawns shall not be obstructed or used for any purpose other than ingress or egress. (e) Lessee shall not place or erect on the roof or exterior of the premises any radio and television aerials or dishes without prior written approval of the Lessor. (f) Parking: Non-operative vehicles are not permitted an the premises. Any such non-operative vehicle may be removed by the Lessor at the sole expense of the Lessee owning the same for storage or public or private sale at Lessor's option and Lessee owning the same shall have no right of recourse against Lessor for any such actions. There is no off-street parking. (g) Storage: No goods or materials of any kind or description which are combustible, or which would increase fire insurance rates with respect to the premises, or which may be regulated or defined as "hazardous substances," or which would violate any federal, state or local government law or regulation may be taken, handled, placed or stored in a storage area or in the residence itself. Storage in all such areas shall be at the Lessee's sole risk and responsibility and Lessor shall not be responsible for any loss or damage. Lessee agrees to indemnify and hold harmless Lessor for any and all environmental liability whatsoever upon the property during the lease term(s). This representation and warranty shall survive the termination of this Lease Agreement. • (h) Walls: No nails, screws, or adhesive hangers may be placed in the walls, woodwork, or any part of the residence without -prior written approval of the Lessor. (i) Guests: Lessee shall be responsible and liable for the conduct of their guests. Acts of guests in violation of this Lease or Lessor's rules and regulations may be deemed by Lessor to be a breach by Lessee. No guest may stay longer than ten (10) days without written permission of Lessor; otherwise a Ten and no/100 ($10.00) Dollar per day guest charge will be due Lessor in addition to the monthly rental payment. 0) Noise: All radios, television sets, phonographs and similar electronic equipment must be kept to a level of sound that does not annoy or interfere with neighbors. Any practice for which Lessor receives a complaint from the neighbors and nearby residents and which continues after written notice to stop such practice shall constitute default and this Lease shall be terminated. (k) Refuse: The Lessee shall maintain the yard and shrubbery in a neat and presentable manner as to not become unsightly or a detriment to the appearance the Leased Property. The planting of annuals and/or perennials may be performed by the Lessee in their discretion. Hardy plants, shrubs, and trees may be planted only with the permission of the Lessor and may not be removed. The Lessee will furnish their own waste refuse containers and will dispose of refuse and garbage appropriately. All trash and garbage must be secured in either garbage bags or containers with tight filling lids. Care should be taken so that no trash is blown by the wind. (1) Sidewalks: The Lessee shall keep sidewalks clear of snow and ice or will be responsible for any city violations or fines. (m) Heat: The Lessee must maintain the heat thermostats at fifty (50) degrees to avoid freezing pipes. (n) Bathtu : The fiberglass tub in the bath must not be scoured with abrasive cleaners. Such cleaners will damage the bathtub. Only a liquid cleaner designed for fiberglass may be used for cleaning the bathtub. (o) Smokine: Smoking is not permitted inside in the residence or on the Leased Property (p) Lessee's Guide: The Lessor reserves the right at any time and from time to time to prescribe such additional rules and make such changes to the rules and regulations set forth and referred to above as Lessor shall in their judgment determine to be necessary for the safety, care and cleanliness of the premises, for the preservation of good order or for the comfort or-benefit of Lessee of the neighborhood generally. Any violation of such rules and regulations shall constitute a breach of this Lease Agreement. 25. APPLICATION. The Lessor, having received and reviewed an application completed and submitted by the Lessee and having relied upon the representation and statements made therein as being true and correct, has agreed to enter into this Lease Agreement with the Lessee. Both parties agree that said application is hereby incorporated by reference and made a part of this Lease Agreement. Lessee further agrees and covenants that if they falsified any statement on said application they shall be in default of this Lease Agreement and shall be bound by the termination provisions contained herein. IN WITNESS WHEREOF, and having fully and completely read and agreed to the terms and provisions set forth above, including Lessee's waiver of any usual notice to quit the-premises and the rules and regulations itemized herein, the parties have set their hands and seals the day and year first above written. WITNESS: ???•S?) Gi A A CHINNIAH "Lessor" "Lessee" 5 r- a 1 r"1 J , 7 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCcDidsy.com HARRY AND VICTORIA CORSNITZ, SR., H/W, Plaintiffs V. GNANA CHINNIAH, Defendant It is hereby stipulated and agreed by and between Mark T. Sophocles, Esquire, counsel for Plaintiffs and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraphs g., h., k. and I. of paragraph 11 are hereby stricken and deleted from the STIPULATION OF COUNSEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED Complaint. MARK LES, LLC JOHNSON, DUFFIE, STEWART & WEIDNER Mark T. Sophoclbf, Esquirk Attorney I.D. No. 74998 21 Industrial Blvd, Suite 201 Paoli, PA 19301 (610) 651-0105 Attorneys for Plaintiffs DateA t' 356997 Jefferson J. Shipman, EAuire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Date: 2- 17 y I CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Stipulation of Counsel has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 17, 2009: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 4ffere son J. Sh' man, Esquire Co c C, L JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iis(didsw.com HARRY AND VICTORIA CORSNITZ, IN THE COURT OF COMMON PLEAS OF SR., H/W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2008-4570 CIVIL TERM V. CIVIL ACTION - LAW GNANA CHINNIAH, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Harry and Victoria Corsnitz, Sr. and their counsel, Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. DUFFIE, STEWART & WEIDNER Date: February 26, 2009 Je erson J. Shipman, Esga orney I.D. No. 51785 Telephone (717) 761-4540 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisftdsw.com HARRY AND VICTORIA CORSNITZ, SR., HM, Plaintiffs V. GNANA CHINNIAH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED . ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Gnana Chinniah, by and through his counsel, Jefferson J. Shipman, Esquire and Johnson, Duffle, Stewart & Weidner and files the following Answer and New Matter to Plaintiffs' Complaint: GENERAL AVERMENTS 1. Denied. After reasonable investigation, Mr. Chinniah is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 1 and the same are therefore denied. 2. Admitted. 3. Denied. The averments contained in paragraph number 3 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 3 are specifically denied. 4. Denied. The averments contained in paragraph number 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is specifically denied that the Defendant was negligent, careless, and reckless in any manner with respect to the Plaintiffs' alleged cause of action. 5. Denied. The averments contained in paragraph number 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 6 are specifically denied. 6. Denied. The averments contained in paragraph number 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 6 are specifically denied. By way of further response, it is specifically denied that the Plaintiff fell due to an alleged dangerous and/or defective condition of the stair railing. 7. Denied. The averments contained in paragraph number 7 are conclusions of taw and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is specifically denied that there was any defect and/or dangerous condition of the property. 8. Denied. The averments contained in paragraph number 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 8 are specifically denied. By way of further response, it is specifically denied that the Defendant was negligent and 2 careless in any manner with respect to Plaintiffs' alleged cause of action. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 8 relating to Plaintiffs' alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 9. Denied. The averments contained in paragraph number 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, it is specifically denied that the Defendant was negligent and careless in any manner with respect to Plaintiffs' alleged cause of action. WHEREFORE, the Defendant, Gnana Chinniah, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT I - NEGLIGENCE PLAINTIFF HARRY CORSNITZ v. DEFENDANT GNANA CHINNIAH 10. Mr. Chinniah incorporates herein by reference his answers to paragraphs 1 through 9 of above as though fully set forth herein at length. 11. Denied. The averments contained in paragraph number 11 and subparagraphs a. through m. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 11 and subparagraphs a. through m. are specifically denied. a. Denied. It is specifically denied that the Defendant allowed and caused a dangerous and defective condition to exist on the property/premises at the 3 aforesaid location of which Defendant knew or should have known by the exercise of reasonable care that in the subject unit an allegedly defective, hazardous and dangerous condition, namely a handrail on a staircase which was allegedly improperly maintained, secured, built, etc. caused Plaintiff to fall down the stairs; b. Denied. It is specifically denied that said alleged dangerous condition created a reasonably foreseeable risk of the occurrence of injuries which Plaintiff sustained; C. Denied. It is specifically denied that the Defendant knew or should have known of the existence of said alleged dangerous condition; d. Denied. It is specifically denied that the Defendant failed to give warning or notice of the alleged defective condition to business invitees like Plaintiffs; e. Denied. It is specifically denied that the Defendant failed to inspect the aforementioned location; f. Denied. It is specifically denied that the Defendant failed to repair, remediate, correct, or make safe the aforesaid alleged defective and dangerous condition; g. This subparagraph has been stricken and deleted from the Plaintiffs' Complaint by way of Stipulation of Counsel which is attached hereto as Exhibit A; h. This subparagraph has been stricken and deleted from the Plaintiffs' Complaint by way of Stipulation of Counsel which is attached hereto as Exhibit A; i. Denied. It is specifically denied that the Defendant permitted a allegedly highly dangerous condition to exist for an unreasonable length of time; j. Denied. It is specifically denied that the Defendant failed to perform duties which had been assumed or which reasonably should have been undertaken under the circumstances; k. This subparagraph has been stricken and deleted from the Plaintiffs' Complaint by way of Stipulation of Counsel which is attached hereto as Exhibit A; 4 I. This subparagraph has been stricken and deleted from the Plaintiffs' Complaint by way of Stipulation of Counsel which is attached hereto as Exhibit A; and M. Denied. It is specifically denied that the Defendant failed to comply and obey Federal, Pennsylvania and Cumberland County, BOCA, municipal codes and rules regarding building, rental, and safety standards. 12. Denied. The averments contained in paragraph number 12 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 12 related to Plaintiffs' alleged injuries and the same are therefore denied and strict proof is demanded at the time of trial. 13. Denied. The averments contained in paragraph number 13 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 13 related to Plaintiffs' alleged injuries and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. The averments contained in paragraph number 14 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to 5 form a belief as to the truth of the remaining averments of paragraph number 14 related to Plaintiffs' alleged injuries and the same are therefore denied and strict proof is demanded at the time of trial. 15. Denied. The averments contained in paragraph number 15 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15 related to Plaintiffs' alleged injuries and the same are therefore denied and strict proof is demanded at the time of trial. 16. Denied. The averments contained in paragraph number 16 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 16 related to Plaintiffs' alleged injuries and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Gnana Chinniah, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. 6 COUNT II - LOSS OF CONSORTIUM PLAINTIFF HARRY CORSNITZ v. DEFENDANT GNANA CHINNIAH 17. Mr. Chinniah incorporates herein by reference his answers to paragraphs 1 through 16 of above as though fully set forth herein at length. 18. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 18 and the same are therefore denied, and strict proof is demanded at the time of trial. 19. Denied. The averments contained in paragraph number 19 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments contained in paragraph number 19 and the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Gnana Chinniah, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 20. That the Plaintiffs have failed to state a cause of action for which relief may be granted against the Defendant. 21. That the Defendant at no time breached any duty of care to the Plaintiffs. 22. That the Defendant owed no duty of care to the Plaintiffs. 7 23. If it should be found that there was any negligence on the part of the Defendant, which is specifically denied, then in that event any such negligence was not the legal cause of Plaintiffs' alleged harm. 24. That the Plaintiffs' alleged harm may have been caused by third parties or entities not presently involved in this action. 25. That the Plaintiff himself may have been contributorily negligent and which negligence was a legal cause of the Plaintiffs' alleged harm. 26. That the Plaintiff may have failed to mitigate his alleged injuries and damages. WHEREFORE, the Defendant, Gnana Chinniah, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHN?SON',)DUFFIE, STEWART & WEIDNER Je rso1YVShipman,,'tsquire Attrney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: February 26, 2009 8 n r" JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys forN.fendaA I.D. No. 51785 ca 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iisCcDidsvr:com HARRY AND VICTORIA CORSNITZ, SR., H/W, Plaintiffs U ?m Ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed by and between Mark T. Sophocles, Esquire, counsel for Plaintiffs and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraphs g., h., k. and I. of paragraph 11 are hereby stricken and deleted from the Complaint. WMARKTH AS SO OCLES, LLC Mark T. Sophoc , Esquir Attorney I.D. No. 74998 21 Industrial Blvd, Suite 201 Paoli, PA 19301 (610) 651-0105 Attorneys for Plaintiffs Date: NSON, DUFFIE, STEWART & WEIDNER Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant Date: ? / -ILv 9 356997 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Stipulation of Counsel has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 17, 2009: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attomey for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER efferson J. Sh' man, Esquire VERIFICATION I, Gnana Chinniah, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Gnana Chinniah Date: 02 358946 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on February 26, 2009: Mfirk T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 4 J e on J. Ship n, Esquire j r MARK THOMAS SOPHOCLES, LLC By: Mark Thomas Sophocles, Esquire Attorney I.D. # 74998 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Tel. (610) 651-0105 Fax (610) 651-0106 JURY TRIAL DEMANDED ATTORNEY FOR PLAINTIFFS HARRY AND VICTORIA CORSNITZ, H/W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HARRY & VICTORIA CORSNITZ, Sr. H/W V. : File No.08-4570 GNANA CHINNIAH PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT Plaintiffs, Harry and Victoria Corsnitz, Husband and Wife, by and through their attorneys, Mark Thomas Sophocles, LLC hereby makes the following Reply and Answer to New Matter of Defendant: 1. Denied. Any and all allegations against Plaintiffs are denied as Plaintiffs have clearly set forth and stated cogent claims against said Defendants. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Defendants New Matter and therefore, denies same and demands strict proof thereof at trial. 2. Denied. Any and all allegations against Plaintiffs are denied as Plaintiffs have clearly set forth and stated cogent claims against said Defendants. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Defendants New Matter and therefore, denies same and demands strict proof thereof at trial. 3. Denied. Any and all allegations against Plaintiffs are denied as Plaintiffs have clearly set forth and stated cogent claims against said Defendants. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Defendants New Matter and therefore, denies same and demands strict proof thereof at trial. 4. Denied. Any and all allegations against Plaintiffs are denied as Plaintiffs have clearly set forth and stated cogent claims against said Defendants. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Defendants New Matter and therefore, denies same and demands strict proof thereof at trial. 5. Denied. Any and all allegations against Plaintiffs are denied as Plaintiffs have clearly set forth and stated cogent claims against said Defendants. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Defendants New Matter and therefore, denies same and demands strict proof thereof at trial. 6. Denied. Any and all allegations against Plaintiffs are denied as Plaintiffs have clearly set forth and stated cogent claims against said Defendants. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Defendants New Matter and therefore, denies same and demands strict proof thereof at trial. . 7. Denied. Any and all allegations against Plaintiffs are denied as Plaintiffs have clearly set forth and stated cogent claims against said Defendants. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Defendants New Matter and therefore, denies same and demands strict proof thereof at trial. WHEREFORE, Plaintiffs demand damages of the Defendant herein a sum in excess of Fifty Thousand Dollars ($50,000.00), plus costs. Date: March 16, 2009 A 4 / MARK T. SOPHOCLES, ESQ. 21 Industrial Blvd., Suite 201 Paoli, PA 19301 ATTORNEY FOR PLAINTIFFS CERTIFICATE OF SERVICE I, MARK T. SOPHOCLES, ESQUIRE, do hereby certify that a true and correct copy of Plaintiffs Reply To New Matter is being delivered via E-Mail, First Class Mail, postage pre-paid, this 16th day of March, 2009 to the attorney for the Defendant, listed below: Jefferson Shipman, Esquire Johnson Duffie Law Offices 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Date: March 16, 2009 AkRK'r SOPHOCL , ESQUIRE Attorney for Plaintiffs VERIFICATION I, Mark Sophocles, as authorized attorney for Plaintiffs, Harry and Victoria Corsnitz, husband and wife hereby deposes and states, that the undersigned, in the within action, and as such is authorized to make this verification on their behalf; that in accordance with the representations made by Plaintiffs and that the same are true and correct to the best of his knowledge, information and belief; and that this verification is given pursuant to the penalties of 18 Pa C.S.A. section 4904 relating to unswom falsifications to authorities. ? ? `n ? ? '[3'? ? ? z ....5 x? '?,?°' ?f = 'T? r ...+ s ? "„J' ,.+i f..? ,.t JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail iisCa)jdsw com HARRY AND VICTORIA CORSNITZ, SR., HM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Mark Thomas Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER BY Jefferson J. Shipman, Esquire Attorney I.D. # 51785 301 Market Street P.O. Box 109 DATE: 5-/q/ 6 Lemoyne, PA 17043-0109 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on May 4, 2009. Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART He WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs(a-)6dsw.com HARRY AND VICTORIA CORSNITZ, SR., H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Mark Thomas Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 PLEASE TAKE NOTICE that Defendants intend to serve four (4) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. DATE: '?/q) o JOHNSON, DUFFIE, STEWART & WEIDNER BY Jefferson J. Shipman, Esquire Attorney I.D. # 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on April 9, 2009. Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire OF OF PENNSYLVANIA COMMONWEALTH Harry and Victoria Corsnitz, Sr., HIW, Plaintiffs File No. 08-4570 vs. Gnana Chinniah„ Defendant SUBPOENACTO ERYO PURSUDONT TIO RULE04009122GS FOR DIS• TO: Famil Medicine Center of Ma s (Name of Person or Entity) ored the court to produce days after service of this subpoena, you are ord.. by Within twenty (-0) Ys currents or things: an and all medical rec SSN 1916-3358ce re orts and dia nostu corres the following do _ ._ Lj-,-, rnrcnitz DOB: 1111155 at John LDuff1e Stewart roduce things requested by this You may deliver or mail legible copies of the documenas or aking this request at the address the copies or subpoena, together with the certificate of compliance, to the party listed above. You have the right to seek in advance the reasonable cost of preparing producing the things sought. 20) days s required by this subpoe if you fail to pro na within twenty ( duce the documents or thing ellin9 You to comply with it- after may seek a court order comp after its service, the party serving this subpoena THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Jefferson J Shipman Esquire NAME: 301 Market Street ADDRESS: Lemoyne PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #. 5_1785 785 ant ATTORNEY FOR: BY THE COURT: P othono a Civil ivision I Deputy DATE: 7 (Eff.7197) Seal of a Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Harry and Victoria Corsnitz, Sr., H/W, Plaintiffs vs. File No. 08-4570 Gnana Chinniah„ Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic test results pertaining to Harry Corsnitz DOB: 11/1/55 SSN: 191-46-3358 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: P,-, ?oe U 4 , - P thono rk Civ' ivision Deputy DATE: q/7/0 Seal f he Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Harry and Victoria Corsnitz, Sr., H/W, Plaintiffs vs. File No. 08-4570 Gnana Chinniah„ Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports and diagnostic test results pertaining to Harry Corsnitz DOB: 11/1/55 SSN: 191-46-3358 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman. Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: P thonotary/ r , Cif I Division DATE: */7 c)9 Seal f t 6e Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Harry and Victoria Corsnitz, Sr., HAW, Plaintiffs vs. File No. 08-4570 Gnana Chinniah„ Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Moffit Heart and Vascular Grou (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records correspondence reports and diagnostic test results pertaining to Harry Corsnitz DOB: 11/1/55 SSN: 191-46-3358 at Johnson, Duffle, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: _Jefferson J. Shipman. Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 51785 Defendant BY THE COURT: Pr thonotary/CI , ivi ivision DATE: - 7 07 Se Al f the Court Deputy (Eff. 7/97) FILED-4: f= ICE OF THEE PP-T? . 2009 MAY -5 Pl I : 542, Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com HARRY AND VICTORIA CORSNITZ, SR., H/W, Plaintiffs FU i' .r E- '71. + 20i0 JUl'i C ~i I!' L Yt, „ Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL AND NOW, comes the Defendant, Gnana Chinniah, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and moves for an Order compelling Plaintiffs to schedule a date and time for Plaintiffs' depositions within thirty (30) days of the Order and appear for their depositions at that date and time by respectfully stating the following: 1. This is a premises liability action. 2. Specifically, Plaintiffs' Complaint alleges that on August 7, 2006, Plaintiff Harry Corsnitz fell on the stairs of the Defendant's rental property. Plaintiff Victoria Corsnitz claims loss of consortium. 3. The Plaintiffs commenced this action by filing a Praecipe for Writ of Summons on July 30, 2008. T 4. On January 7, 2009, the undersigned entered his appearance on behalf of the Defendant and filed a Praecipe requesting that the Prothonotary enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days. The Rule was issued on the same date. 5. The Plaintiffs filed their Complaint on January 26, 2009. 6. On February 18, 2009, the parties filed a stipulation to remove subparagraphs g, h, k, and I of paragraph 11 from the Complaint. 7. The Defendant filed an Answer with New Matter on March 2, 2009. The Plaintiffs filed a Reply to New Matter of Defendant on March 17, 2009. 8. The pleadings in this matter are now closed, and discovery has commenced. 9. The Plaintiffs' depositions were scheduled for August 14, 2009. However, the morning of the deposition, Defendant's counsel was informed that the Plaintiffs were unavailable. The depositions were cancelled. 10. The Plaintiffs' depositions were rescheduled for December 8, 2009. The deposition of Mr. Chinniah was also scheduled for that day. However, Defendant's counsel requested that they be rescheduled. 11. The depositions were rescheduled for January 15, 2010. However, Plaintiffs' counsel cancelled these depositions 12. The depositions were again rescheduled for March 4, 2010. However, Plaintiffs' counsel cancelled these depositions as well. 13. Nearly ten (10) months have passed since the original deposition date, and Plaintiffs' counsel has yet to produce his clients for depositions. 7 14, It is essential that depositions be scheduled and held so that the Defendant is able to prepare his defense in this case 15. As such, Defendant respectfully requests that this Court issue an Order compelling Plaintiffs to schedule a date and time for their depositions within thirty (30) days of the date of the Order and compelling Plaintiffs to appear for their depositions at the date and time scheduled. 16. No judge has ruled upon any other issue in this case. 17. Plaintiffs' counsel was apprised of the contents of this Motion via facsimile on June 3, 2010 and he concurred. WHEREFORE, Defendant respectfully requests that an Order be entered compelling the Plaintiffs to schedule a date and time for Plaintiffs' depositions within thirty (30) days of the date of the Order and compelling Plaintiffs to appear for their depositions at the scheduled date and time. Respectfully submitted, JOHN M, DUFFIE, STEWART & WEIDNER By. fferson J. Shipman ttorney I.D. No. 51785 Sarah E. Hoffman Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: !or d 0 :402855 I CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion to Compel has been duly served upon the following counsel of record, by depositing the same in the ,L United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June $ , 2010: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 JOHNSON, DUFFIE, STEWART & WEIDNER By: Je er J. Ship an HARRY CORSNITZ, SR. and IN THE COURT OF COMMON PLEAS OF VICTORIA CORSNITZ, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. GNANA CHINNIAH, NO. 2008 - 4570 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 15TH day of JUNE, 2010, a Rule is issued upon Plaintiff to Show Cause why the requested relief should not be granted. Rule returnable twenty (20) days after service. By t] Edward I?. Guido, J. Zmark T. Sophocles, Esquire ..IXJefferson J. Shipman, Esquire :sld h? = :. ! :: ^ -f7 :. HARRY and VICTORIA CORSNITZ, Plaintiffs V. GNANA CHINNIAH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for Defendant Gnana Chinniah in the above action, retRecWly represents that: c 1' The above-captioned action is at issue. mr (t; Fri 2. The claim of the Plaintiff in the action is under $50,000.00 A There is no counterclaim. -?- '" I n The following attorneys are interested in the case as counsel, or are otherwise disqualifi4to as :i,' arbitrators: Mark T. Sophocles, Esquire - Counsel for Plaintiff Jefferson J. Shipman, Esquire - Counsel for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, AND NOW, this and ORDER OF COURT Esq., and captioned action (or actions) as prayed for. JOHNSON, DUFFIE, STEWART & WEIDNER LIM Je rs ShiNO. 2008-4570 CIVIL pman, squire 2010, in consideration of the foregoing petition, , Esq. Esq. are appointed arbitrators in the above- By the Court, *a4.oo Pao Airy 013y-359 e0jg803q CERTIFICATE OF SERVICE AND NOW, this 2ttn day of September, 2010 the undersigned does hereby certify that she did this date serve a copy of the within Petition for Appointment of Arbitrators upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorneys for Plaintiffs, Harry and Victoria Corsnitz Johnson, Duffie, Stewart & Weidner By: Mich a E. Neff, Legal tary to Jefferson J. Shipman, Esquire 413520 r HARRY and VICTORIA CORSNITZ, Plaintiffs V. GNANA CHINNIAH, Defendant NO. 2008-4570 CIVIL RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for Defendant Gnana Chinniah in the above action, re"ectfully ceppresents that: C C;) The above-captioned action is at issue. Y 2. The claim of the Plaintiff in the action is under $50,000.00 c` There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualifie4to %as ?i arbitrators: Mark T. Sophocles, Esquire - Counsel for Plaintiff Jefferson J. Shipman, Esquire - Counsel for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AN, 'NOW, this K- I 2010, in consideration of the foregoing petition, ?-f`rtJ Esq., and Es q. and sl(? AZ ?4 AUn 94Esq. are appointed arbitrators in the above- captioned actin (or actions) as prayed for. ? (t 65 , l£S env CLCL L' = CE. 7 MAO t; Z U 0 L" Lo CL. 9/17/0 C C) tmrq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. By the Court, ?n. , $a'f.oo PA A`rn/ el 34359 r?*ay803q JOHNSON, DUFFIE, STEWART & WEIDNER HARRY CORSNITZ, SR. and IN THE COURT OF COMMON PLEAS OF VICTORIA CORSNITZ, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs `-' CIVIL ACTION -LAW ``•' vs. N0.08-4570 CIVIL m ~ ~ ~ ' ;- - ~ ~ . -.~ ..~ r ~ GNANA CHINNIAH, -.,y ~ ~~ N rv O ~ Defendant _ ~ o ~ _ c~ ° ORDER ~ ~ `•~ - .i ~ ~;, -< .r_- i° ~ AND NOW, this Z ~ day of October, 2010, the appointment of a Board of ~~• Arbitrators in the above-captioned case is VACATED. Ron Turo, Chairman, shall be paid the sum of $50.00. ~ Ron Turo, Esquire ~fferson J. Shipman, Esquire ~k T. Sophocles, Esquire Court Administrator , ~(~~~~ :rlm ~.'vP~ES ~na,~ ~.C; ~o~a~.~ ro ~~ BY THE COURT, /~ Kevin .Hess, P. J. T ,.. I _..F tea i;IOiArt't ?1j?1 L? ?? F? j. 2 Ll`P??hS?Y ? A? ?tj Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Sarah E. Hoffman I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com HARRY AND VICTORIA CORSNITZ, SR., H/W, Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR STATUS CONFERENCE AND NOW, comes the Defendant, Gnana Chinniah, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and moves to schedule a Status Conference and in support thereof avers as follows: 1. This is a premises liability action. 2. Specifically, Plaintiffs' Complaint alleges that on August 7, 2006, Plaintiff Harry Corsnitz fell on the stairs of the Defendant's rental property. Plaintiff Victoria Corsnitz claims loss of consortium. 3. The Plaintiffs commenced this action by filing a Praecipe for Writ of Summons on July 30, 2008. 4. On January 7, 2009, the undersigned entered his appearance on behalf of the Defendant and filed a Praecipe requesting that the Prothonotary enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days. The Rule was issued on the same date. 5. The Plaintiffs filed their Complaint on January 26, 2009. 6. On February 18, 2009, the parties filed a stipulation to remove subparagraphs g, h, k, and I of paragraph 11 from the Complaint. 7. The Defendant filed an Answer with New Matter on March 2, 2009. The Plaintiffs filed a Reply to New Matter of Defendant on March 17, 2009. 8. The pleadings in this matter are now closed, and discovery has commenced. 9. The Plaintiffs' depositions were scheduled for August 14, 2009. However, the morning of the deposition, Defendant's counsel was informed that the Plaintiffs were unavailable. The depositions were cancelled. 10. The Plaintiffs' depositions were rescheduled for December 8, 2009. The deposition of Mr. Chinniah was also scheduled for that day. However, Defendant's counsel requested that they be rescheduled. 11. The depositions were rescheduled for January 15, 2010. However, Plaintiffs' counsel cancelled these depositions 12. The depositions were again rescheduled for March 4, 2010. However, Plaintiffs' counsel cancelled these depositions as well. 13. Plaintiff Harry Corsnitz appeared for a deposition on July 7, 2010. 14. The Defendant subsequently sought to depose Plaintiff Victoria Corsnitz, the Plaintiffs' daughter, Jennifer Corsnitz, and an independent witness identified by Plaintiff Harry Corsnitz during his deposition. 15. Upon receiving no response from opposing counsel regarding further depositions, and in an attempt to move the litigation along, Defendant's counsel believed he had obtained opposing counsel's consent to list the case for arbitration. 16. An arbitration hearing was scheduled for November 5, 2010. 17. Shortly before the scheduled arbitration hearing, Plaintiffs' counsel requested a jury trial and the arbitration hearing was cancelled. 18. The Defendant's counsel then again attempted to schedule additional depositions. 19. A Notice of Deposition was sent on March 15, 2011, scheduling the depositions of Victoria Corsnitz, Jennifer Corsnitz and Harry Corsnitz, Jr. for April 26, 2011. 20. On April 25, 2011, the day before the noticed depositions, Plaintiffs' counsel's office called and cancelled the depositions. 21. As a result of the delays in completing discovery in this case and listing the case for arbitration or trial, the Defendant respectfully requests a status conference to set deadlines for the completion of discovery and to schedule a date for trial or arbitration. 22. The Honorable Edward Guido issued a Rule to Show Cause in relation to the Defendant's prior Motion to Compel depositions in this case. 23. Plaintiffs' counsel was apprised of the contents of this Motion and proposed Order via email on August 11, 2011 and the Plaintiffs' counsel concurs in the request for a status conference. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order scheduling a status conference. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: A a,,,? E Jefferson J. Shipmd6--1 Attorney I.D. No. 51785 Sarah E. Hoffman Attorney I.D. No. 307612 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: August 16, 2011 453758 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Status Conference has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 16, 2011: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 JOHNSON, DUFFIE, STEWART & WEIDNER By. Mich le E. Neff . T M HARRY AND VICTORIA CORSNITZ, SR., H/W, Plaintiffs C? N r V3? tv -0m =t, ,? + - CJ ? a {.: r T&1 z - ! C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ,? ORDER AND NOW, this A3'- day of AuG , 2011, on consideration of the Defendant's Motion for Status Conference, a Status Conference is hereby scheduled for ;FFO 2011 at// '00 A. m. at the Cumberland County Courthouse in Judge's Chambers 3 BY T O U RT: J. Distribution: • ? Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301; / Tel. (610) 651-0105; Fax (610) 651-0106: email: Mark.Sophocles@verizon.net. • v Jefferson J. Shipman, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, ' P.O. Box 109, Lemoyne, PA 17043-0109; Tel. (717) 761-4540; Fax (717) 761-3015; email: jjs@jdsw.com. , _( S1a??16 CA /TL O TH E PR0 H(Q TARS 1011 DEC 22 AM 10: 56 CUMBERLAND BOUNTY PENNSYLVANIA JOHNSON, DUFFIE, STEWART & By: Jefferson J. Shipman, Esc I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 ire Attorneys for Defendant HARRY AND VICTORIA C RSNITZ, IN THE COURT OF COMMON PLEAS OF SR., HNV, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2008-4570 CIVIL TERM V. CIVIL ACTION - LAW GNANA CHINNIAH, Defe dant JURY TRIAL DEMANDED IPE TO WITHDRAW TRIAL LISTIN TO THE PROTHONOTA Please withdraw the recently filed trial listing in the above-captioned matter. Respectfully submitted, Date: December, 2C 461454 JOHNSON, DUFFIE, STEWART & WEIDNER By: 'Je'ff s0 J. 15h E quire Attney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 11 Attorneys for Defendant Chinniah A I% I hereby certify has been duly served the United States Mail, 2011: Mark T. Sophocle 21 Industrial Boul Paoli, PA 19301 Attorney for Plaintiffs CERTIFICATE OF SERVICE a copy of the foregoing Praecipe to Withdraw Trial Listing the following counsel of record, by depositing the same in Cage prepaid, in Lemoyne, Pennsylvania, on December 21, Esquire vard, Suite 201 JOHNSON, DUFFIE, STEWART & WEIDNER B s J hipman, Es ire .r F ILEU-U'r' I` ICE (. r THE PROTHONO IAA j 2012 JAN -9 PM 2: 13 CUPENNSYLVAN A TY .JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjsCcDjdsw.com HARRY AND VICTORIA.CORSNITZ, SR., HM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: AND NOW, this day of January, 2012, kindly withdraw the appearance of the undersigned as attorney of record for Defendant, Gnana Chinniah. Respectfully submitted, Date: January ID , 2012 474843 JOHNS O FFIE, STEWART & WEIDNER By: Jeffer on J. Shipman, Esquire Attorney I . D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Chinniah I , A CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Withdraw Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 6, 2012: Mark T. Sophocles, Esquire ' 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffers 6n J. Shipman, Esquire F ILE0-0FF]uir IF HE P'R0Ir 01',40 Ti"', R 2012 JAN -9 PM 2: 12 CUMrBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, : vs. No. 2008-4570 GNANA CHINNIAH, : Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 5ch day of January, 2012, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 3 by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, ST LER, LERMAN, SOLYMOS & CALK BY: OBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax klr/chinniah-int-3 rlermanggslsc.com ro'brien@gslsc.com FILE-0-OF IL" t 2012 JAN -9 PM ?' 12 C1JMSYtVAKA TY FEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, : vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6`h day of January, 2012, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 2 by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, STRL LER, LERMAN, SOLYMOS & BY: ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax klr/chinniah-int-rfpd-2 rlermanggslsc.com ro'brien@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. : No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATION OF "SATISFACTORY ASSURANCE OF NOTICE" PURSUANT TO HIPAA 164.512 (e)(1) The undersigned hereby certifies that the patient, Harry Corsnitz, Sr., identified as a Plaintiff in the foregoing subpoena, is represented in this litigation by Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301, and that written Notice of Intent to issue and serve the aforegoing subpoena to obtain records was served upon Mark T. Sophocles, Esquire on or about January 5, 2012, which Notice contained required language under the Pennsylvania Rules of Civil Procedure affording Attorney Sophocles, on behalf of Plaintiffs, Harry and Victoria Corsnitz, Sr., to raise objections to the Court with respect to the aforegoing subpoena and I further certify that twenty (20) days have passed since such Notice was provided to Attorney Sophocles and no objections ha:(/been filed. GRIFFITH, S . CKLER, LERMAN, SOLYMOS & CALK S 7 P BY: obert A. Lerman, Esquire PA07490 Attorney for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax Dated: February 3, 2012 ?'' ?; m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. Civil Action - Law GNANA CHINNIAH, Defendant, No. 2008-4570 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Gnana Chinniah, certifies that: (1) A Notice of Intent to Serve Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) The 20 day notice period has expired and no objections have been made; and (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Date: ROBERT D. O'BRIEN, ESQUIRE #PA65737 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. Civil Action - Law No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire and Robert D. O'Brien, counsel for Defendant, Gnana Chinniah, intends to serve Subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, ST KLER, LERMAN, SOLYMOS & CAL' S BY: Dated: January 5, 2012 ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman(a,gslsc.com ro'brien@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action -Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Moffitt Heart & Vascular Group, 1000 N. Front Street, Wormleysburg, PA 17043 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind pertaining to Harry Corsnitz, Social Security No. 191-46-3358, Date of Birth: 11/1/55 from May 1, 2009, up to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way York PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQUIRE ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Orthopedic Institute of Pennsylvania, 3399 Trindle Road, Camp Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind pertaining to Harry Corsnitz, Social Security No. 191-46-3358, Date of Birth: 11/1/55 from May 1, 2009, up to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way York PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way, York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Family Medicine Center of Marysville, 506 S. State Road Marysville PA 17053 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind pertaining to Harry Corsnitz, Social Security No. 191-46-3358, Date of Birth: 11/1/55 from May 1, 2009, up to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Harrisburg Hospital/Pinnacle Health, 111 S. Front Street, Harrisburg PA 17101-2099 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind pertaining to Harry Corsnitz, Social Security No. 191-46-3358, Date of Birth: 11/1/55 from May 1, 2009, up to the present. at Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way York PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Gateway Health Plan Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind pertaining to Harry Corsnitz, Social Security No. 191-46-3358, Date of Birth: 1111/55 from May 1, 2009, up to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 5'h day of January, 2012, I, Robert A. Lerman, Esquire, a member of the firm of GRIF'FITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKIN BY: ROBERT A. LERMAN, ESQUIRE #PA07490 RERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinmah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax klr/chinniall.-notice rlerman@ s1? sc.com ro'brien@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3rd day of February, 2012, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, ST KLER, LERMAN, SOLYMOS & CALK BY: ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlennanLa`;.gslsc.com ro'brien@gslsc.com kir/chinniah-certpre +L?tJ t "? I 2012 FE 29 I'M 12: 5 9 1,UM8ERLAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, VS. GNANA CHINNIAH, Defendant, Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFFS TO RESPOND TO DEFENDANT'S DISCOVERY REQUESTS And now comes Defendant, Gnana Chinniah, by his counsel, Robert A. Lerman, Esquire, and Robert I). O'Brien, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Motion to Compel, the grounds for which are as follows: 1. This is a premises liability action in which Plaintiffs' Complaint alleges that on August 7, 2006, Plaintiff Harry Corsnitz fell on the stairs of the Defendant's rental property. In addition, Plaintiff Victoria Corsnitz claims loss of consortium. 2. The Plaintiffs commenced this action by filing a Praecipe for Writ of Summons on or about July 30, 2008. I 3. On or about January 7, 2009, Defendant's prior counsel filed a Praecipe requesting that the Prothonotary enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days. 4. The Plaintiffs filed their Complaint on or about January 26, 2009. 5. On or about February 18, 2009, the parties filed a stipulation to remove subparagraphs g, h, k, and 1 of paragraph 11 from the Complaint. 6. Defendant filed an Answer with New Matter on or about March 2, 2009. The Plaintiffs filed a Reply to New Matter of Defendant on or about March 17, 2009. 7. The pleadings in this matter are now closed, and discovery has been ongoing since 2009. 8. On or about January 4, 2012, present counsel for Defendant entered their appearance. 9. On or about March 13, 2009, Defendant's prior counsel served upon Plaintiffs' counsel "Interrogatories of the Defendant for Answer by the Plaintiffs," a true and correct copy of which is attached hereto and marked as Exhibit "A." From the case documents reviewed by Defendant's present counsel, Plaintiffs' counsel provided unverified and undated Answers to these Interrogatories on an unknown date. 10. By letter dated January 6, 2012, Petitioner's counsel requested Plaintiffs' counsel provide a Verification to the Answers of Plaintiffs to the "Interrogatories of the Defendant for Answer by the Plaintiffs," and to supplement Plaintiffs' Answers to Interrogatories Nos. 6, 9, and 2 11. A true and correct copy of this January 6, 2012, letter from Defendant's present counsel to Plaintiffs' counsel is attached hereto as Exhibit "B." 11. On or about March 13, 2009, Defendant's prior counsel served upon Plaintiffs' counsel "Defendant's Request for Production of Documents Directed to Plaintiffs," a true and correct copy of which is attached hereto and marked as Exhibit "C." Since no response to this Request for Production of Documents by Plaintiffs was found from a review of the file by present counsel, in the January 6, 2012, letter to Plaintiffs' counsel, attached as Exhibit "B," Defendant's counsel requested that Plaintiffs' counsel provide either a duplicate copy of any prior Response or provide a formal Response if none had yet been provided. 12. In the January 6, 2012, letter from Defendant's present counsel to Plaintiffs' counsel, attached as Exhibit "B," Defendant's counsel also attached for answer by Plaintiffs the following two additional written discovery requests: 1) "Interrogatories/Request for Production of Documents of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 2"; and, 2) "Interrogatories of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 3." 13. A true and correct copy of the "Interrogatories/Request for Production of Documents of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 2" is attached hereto and marked as Exhibit "D." 14. A true and correct copy of the "Interrogatories of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 3" is attached hereto and marked as Exhibit "E." 3 15. As of the filing of this Motion, Plaintiffs have failed to supplement their Answers to Interrogatories Nos. 6, 9, and 11 of the March 13, 2009, dated "Interrogatories of the Defendant for Answer by the Plaintiffs." 16. As of the filing of this Motion, Plaintiffs have failed to provide to Defendant's present counsel with any response to Defendant's Request for Production of Documents Directed to Plaintiffs propounded March 13, 2009. 17. As of the filing of this Motion, Plaintiffs have failed to provide any response to the following two additional written discovery requests attached to the January 6, 2012, letter sent to Plaintiffs' counsel: 1) "Interrogatories/Request for Production of Documents of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 2"; and, 2) "Interrogatories of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 3." 18. Plaintiffs have not served any objections to the discovery requests served by Defendant's prior and current counsel and the responses are overdue. 19. The information and documentation requested in Defendant's discovery requests referenced in this Motion is relevant with respect to Plaintiffs' liability and damage claims, and full and complete discovery responses by Plaintiffs are necessary for Defendant to prepare for trial and address the issues framed and legal issues set forth in Plaintiffs' Complaint. 20. Full and complete discovery responses by Plaintiffs are necessary for Defendant to obtain relevant medical records of Plaintiffs, insurance records, and any other records deemed necessary to evaluate and respond to Plaintiffs' liability and damage claims as set forth in Plaintiffs' Complaint. 4 21. Plaintiffs' failure to supplement their prior Answers to Interrogatories, and their failure to provide any response to the other three written discovery requests served upon them, is delaying this litigation. 22. Pursuant to Pa.R.C.P. 4005, 4006 (Interrogatories), and Pa.R.C.P. 4009.1, 4009.11, 4009.12 (Request for Production of Documents), Plaintiffs were required to provide answers and responses within thirty (30) days from the date of service of the respective discovery requests. In addition, pursuant to Pa.R.C.P. 4007.4, Plaintiffs were required to supplement their responses to prior discovery responses in a timely basis. 23. On February 17, 2012, undersigned counsel sent via e-mail and regular mail a letter to Plaintiff's counsel with a copy of this Motion, and requested him to concur or not concur with the relief requested in this Motion. Plaintiffs' counsel has responded to this letter as follows: February 20, 2012, e-mail which stated: "I am fairly certain the verification was sent to prior counsel and thus would prefer to avoid unnecessary motion practice-- I will have my assistant get back to you tomorrow on this...", but did not state whether he concurred or did not concur and his assistant did not respond further. 24. Judges Kevin A. Hess and Edward E. Guido have ruled upon other issues in the same or related matter. WHEREFORE, Defendant, Gnana Chinniah, respectfully requests this Honorable Court to direct that Plaintiffs are to provide full and complete discovery responses, including but not limited to supplementing any prior answers, to all discovery requests propounded by Defendant within twenty (20) days from the date of this Court's Order, and the failure to do so will result in 5 sanctions including but not limited to an award of reasonable counsel fees to Defendant for any further expenses incurred by Defendant to obtain such responses, and/or dismissal of Plaintiffs Complaint. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: T2z-eA-1- / X?_a? ROBERT A. LERMAN, ESQ IRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah Dated: 212 110 South Northern Way York, PA 17402 717-757-7602 717-757-3783 Fax rlermanLo)gslsc.com ro'brien@gslsc.com 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this Aday of February, 2012, I, Robert D. O'Brien, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion of Defendant, Gnana Chinniah, to Compel Plaintiffs to Respond to Discovery Requests by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS / BY: ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlen-nan@gslse.com ro'brien@gslsc.com JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 751-4540 E-mail: iis(cr),idsw.com HARRY AND VICTORIA CORSNITZ, SR., HAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF THE DEFENDANT FOR ANSWER BY THE PLAINTIFFS TO: Mark Thomas Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. JOHNSON, DUFFIE, STEWART & WEIDNER ,f BY Jefferson J. Shipman, Esquire Attorney I.D. # 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant DATE:I J-b X EXHIBIT DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (1) The nature of the document (etc.., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.), (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter of such document. (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (etc.., telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (1) The name, present address and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. 1. State: (a) Your full name, (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident, at the present time, and the date and place of your marriage to such spouse; (d) The address of your present residence and the address of each other residence which you have had during the past five years; (e) The names and current addresses of each person residing with the Plaintiff at the subject property of this incident when the alleged fall took place; (f) Your present occupation and the name and address of your employer; (g) Date of your birth; (h) Your Social Security number; (i) Your military service and positions held, if any; and 0) The schools you have attended and the degrees or certificates awarded, if any. 2. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: List and describe all expenses and losses that you have incurred because of the incident. ANSWER: 4. State with particularity the factual basis for each claim you are asserting in this case, including specifically, how it is that the Plaintiff fell and what, specifically caused her to fall down the stair case in question. ANSWER: 5. (a) Identify each person who (i) Was a witness to the incident through sight or hearing and/or (ii) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. (b) With respect to each person so identified, state that person's exact location and activity at the time of the incident. ANSWER: 6. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 7. If you know of the existence of any photographs, motion pictures, video recordings, rnaps, diagrams, or models relevant to the incident, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; and (d) The subject that each item represents or portrays. ANSWER: 8. If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify: (a) Each person, and the employer of each person, who conducted any investigation (s); and (b) All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: 9. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 10. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 11. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected the testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER: 12. If you intend to use any book, magazine, or other such writing at trial, state: (a) The name of the writing; (b) The author of the writing, (c) The publisher of the writing; (d) The date of publication of the writing; and (e) The identity of the custodian of the writing. ANSWER 13. If you intend to use any admission(s) of a party at trial, identify such admission(s). ANSWER: 14. Identify all injuries that you allege you suffered as result of the incident. ANSWER: 15. If, either prior to or subsequent to the incident, you suffered any injury in those portions of the body claimed by you to have been affected by the incident, state: (a) The injury you suffered; (b) The date and place of any accident, if such injury was caused by an accident; (c) The identity of hospitals, doctors, or practitioners who rendered treatment or examination because of such injury; and (d) The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. AN..',VVFR- 16. If you received medical treatment or examination (including X-rays) because of injury you suffered as a result of the incident, state: (a) The identity of each hospital at which you were treated or examined; (b) The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; (c) The identity of each doctor or practitioner by whom you were treated or examined; (d) The date on which each such treatment or examination by a doctor or practitioner was rendered. and the charge for each; and (e) The identity of any document(s) (except reports of experts subject to Pa. R.C.P. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). 17. For the period of three years immediately preceding the date of the incident, state: (a) The name and address of each of your employers or, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; and (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year. ANSWER: 18. If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: (a) The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year; and (e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident and the amount of any earnings or other benefits lost by you because of such absence(s). 19. If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity: (a) The duties and/or activities you have been unable to perform; (b) The periods of time you have been unable to perform; and (c) The identity of all persons having knowledge thereof. 20. If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight hours immediately preceding the incident, state: (a) The nature, amount, and type of item consumed; (b) The amount of time over which consumed; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; and (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: 21. If you were under any physical or mental disability at the time of the incident, explain the disability. ANSWER: 22. Did Plaintiff file a worker's compensation claim as a result of his fall? If so, identify: (a) the worker's compensation carrier; (b) the claim number; (c) the claims adjuster and his/her address and telephone number; (d) the amount of compensation received; and (e) the status of the claim. ANSWER: 23. Describe in complete detail the alleged defective, dangerous and hazardous condition of the area where Plaintiff fell. ANSWER: 24. Describe in complete detail the lighting conditions at the time of Plaintiff's fall. ANSWER: 25. Describe the shoes that Plaintiff was wearing at the time of the accident, i.e., walking shoes, dress shoes, boots, and indicate if Plaintiff still has the same shoes. ANSWER: 26. Was Plaintiff carrying anything in her hand(s) at the time of the fall? If so, please indicate which hand and describe in complete detail the item(s) that Plaintiff was carrying. ANSWER: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 13, 2009: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEyWART & WEIDNER By Jefferson J. Shipman, Esquire LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFF11 H (1928-2009) ROBERT M. STRICK.L ER ROBERT A. LERMAN' PETER D.SOLYMOS CHARLES B. CALKINS PAUL G.LUTZ MICHAEL B. SCHEIB' THOMAS B. SPONAUGLE'+ 'Also Member MD Bar 'LL.M (Taxation); also Member CT Bar 'Also Member NY and D_C. Bars -Also Member NJ Bar +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy January 6, 2012 (Dictated January 5, 2012) VIA EMAIL Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli_ PA 19301 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info(a gslsc.com WEBSITE: srvn/.gslsc.com ANN MARGARET GRAB ERICK V_ VIOLAGO- JOHN C. PORTER- ROBERT D. O'BRIEN Robert A. Lefril2n's EMAIL: rlerTan(dgslsc.com RE: Harry and Victoria Corsnitz, Sr. v. Gnana Chinniah, Cumberland County C.C.P. No. 2008--4570 Dear Mr. Sophocles: We have now received and reviewed file materials transmitted to us by Attorney Shipman in connection with this case and wish to bring to your attention several outstanding matters. There is no Verification of either Mr. or Mrs. Corsnitz attached to Plaintiffs' Complaint, rather the copy of the Complaint we have contains only your Verification as counsel. If your clients executed Verifications for the Complaint previously, we would appreciate if you would provide us with a copy of same. If your clients have never executed Verifications, please have them do so in accord with Pa. R.C.P. 1024 and provide same to us promptly. 2. We have reviewed your clients' Answers to Interrogatories and note that same likewise do not include Verifications. If your clients did execute Verifications in connection with the Answers to Defendant's Interrogatories, please provide copies. If not, please have your clients execute Verifications with respect to those Answers to Interrogatories and provide same to us promptly. EXHIBIT Mark T. Sophocles, Esquire January 6, 2012 Page 2 3. Please have your clients supplement their Answers to the following Interrogatories propounded by Defendant to Plaintiffs on March 13, 2009: a. No. 6 relating to statements. Please note Plaintiffs' original Answer was ``investigation is ongoing. b. No. 9 relating to non-expert trial witnesses. Please note Plaintiffs' original Answer was "investigation is ongoing; Plaintiffs will supplement this response." C. No. 11 relating to expert trial witnesses. Please note Plaintiffs' original Answer was "Plaintiff is naming his treating physicians for use of medical evidence and is investigating the choice of possible medical and liability experts." Please identify which specific heating physicians by name and address and identify any other medical or liability experts Plaintiffs intend to call at the time of trial. 4. It appears that Attorney Shipman, on behalf Defendant, Gnana Chirimah, also propounded a Request for Production of Documents to Plaintiffs on March 13, 2009. In reviewing the file we received from Mr. Shipman. we could find no response. If you provided a response to the Request for Production of Documents, I request that you provide us with a duplicate copy and we will reimburse you for duplication expenses incurred. Alternatively, if the Response to the Request for Production of Documents was never provided, please provide a formal response (as the Rules require) as well as production of any documents which exist responsive to the seven itemized requests. For your convenience, attached is another copy of the referenced Defendant's Request for Production of Documents directed to the Plaintiffs. Attached are Defendant's Interrogatories and Request for Production of Documents, Set No. 2 to the Plaintiffs. It certainly appears from reviewing the file (and in particular Mr. Corsnitz's original Answers to Interrogatories and deposition testimony) that there is a lien or liens in connection with any potential recovery to the Plaintiffs in connection with this case. In his deposition Mr. Corsnitz mentioned "Gateway." Gateway Health Plan, I believe, is a third-party insurer or TPA under contract with Pennsylvania Department of Public Welfare and/or Medicare to provide health insurance benefits. Gateway, DPW and/or Medicaid or Medicare likely has a lien, in my judgment. Moreover, we note that we have very little in the way of pre-incident medical records other than one or two notes in the family physician's records (pre-incident) from May and June, 2006. 1 do understand your clients lived in South Carolina for some period of time before the incident but I would ask that they provide all specific information they can Mark T. Sophocles, Esquire Januarv 6. 2012 Page regarding to pre-incident medical providers from January 1, 2001, forward. Additionally, in the event out-of-state medical providers are subsequently identified by your client, we will provide Authorizations for Mr. Corsnitz to sign allowing us to obtain records from any out-of-state providers. We also need to know the extent of any additional medical treatment your client may have had since his deposition. The attached second set of discovery is limited to these several outstanding issues. Please note that we have included some requests relating to the identity of trial witnesses (lay and expert). In the event you promptly provide supplemental responses to Plaintiffs' original Interrogatories with respect to the identification of trial witnesses, you need not duplicate your responses and can simply reference the supplemental responses. Also attached are Defendant's Interrogatories to Plaintiffs, Set No. 3 which deal exclusively with the information our client's insurer is mandated to report pursuant to the Medicare Secondary Payer Statute. We have noted that Mr. Shipman's file contains copies of medical records subpoenaed from: Moffitt Heart and Vascular Group; 2. Harrisburg Hospital, 3. Orthopedic Institute of Pennsylvania; and 4. Family Medicine Center of Marysville. Please confirm that Mr. Shipman provided you with copies of these records received in response to his Subpoenas. If not, we will duplicate and provide same to you promptly. Finally, attached is a Notice of Intent and proposed Subpoenas Duces Tecum so that we can procure updated medical records regarding Mr. Corsnitz. We also include a Waiver of Notice which we would ask you to sign and return so that we can collect these additional/updated records expeditiously and we will, of course, provide you with duplicate copies upon receipt. We have also included a Subpoena directed to Gateway Health Plan. Very truly yours, ROBERT A. LERMAN klr/chinniah-ltr Attachments JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jis(a?,Lsw.com HARRY AND VICTORIA CORSNITZ, SR., H/W, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. GNANA CHINNIAH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS TO: Mark Thomas Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Pursuant to Pennsylvania Rules of Civil Procedure No. 4009, please submit for inspection and copying to the law offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA, 17043, within thirty (30) days form the date hereof, the following documents. JOHNSON, DUFFIE, STEWART & WEIDNER BY Jefferson J. Shipman, Esquire Attorney I.D. # 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE: Attorneys for Defendant ddd EXHIBIT 1. Any of the documents or instrumentalities involved in the incident, or photographs of the same if the instrumentality cannot be made available for inspection by reason of bulk or unavailability. 2. All photographs obtained during the course of our investigation of the matters relating to this lawsuit. 3. Copies of all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this litigation. 4. Copies of all doctors' reports, dental records, employment records or other information relevant to this lawsuit which you have in your custody or possession and which would have a bearing on the claims asserted in this litigation. 5. Any plans, drawings, brochures, pamphlets or other matter or materials relevant to the subject matter of this litigation. 6. Copies of all experts' reports made or secured by you in connection with your investigation of this accident. 7. Copy of the Declaration Sheet from the insurance policy you had in effect on the date of this accident. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 13, 2009. Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action Law Plaintiffs, vs. No. 2008-4570 GNANA C EIINNIAH, Defendant, JURY TRIAL DEMANDED INTERROGATORIES/REQEUST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, GNANA CHINNIAH, TO PLAINTIFFS SET NO. 2 TO: Harry and Victoria Corsnitz, Sr., Plaintiffs c/o Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 The Defendant, Gnana Chinniah, by his attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands that Plaintiffs answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof These Interrogatories shall be deemed continuing so as to require supplemental answers if affiants obtain further information between the time the answers are served and the time of the trial. Also, pursuant to Pa.R.C.P. Rule 4009, as amended, Plaintiffs are requested to produce for inspection., examination and copying, at the offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK[NS, 110 S. Northern Way, York, Pennsylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. DEFINITION OF TERMS THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES: EXHIBIT A. And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: 1. The subject matter and substance of that which took place; 2. The time, date and place thereof' 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written., printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiffs, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. 2 E. "Identify," "Identification" or "Identity" means to provide the following information: 1. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association), state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made; (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof; F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint 3 ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document (e.g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009 of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events). L "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. 4 INTERROGATORIES Identify by name, address and substance of testimony all lay witnesses you expect to call at the time of trial. ANSWER: 2. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. ANSWER: 5 3. Set forth the qualifications of all those persons listed in the Answer to the preceding interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) ANSWER: 4. Set forth the facts to which each expert you have listed is expected to testify ANSWER: 6 5. Set forth the opinions to which each such expert is expected to testify. ANSWER: 6. Please identify all medical providers by name and address who treated injured Plaintiff, Haay Corsnitz, Sr., for the five year period of time prior to August 7, 2006, including but not limited to any family physicians and/or primary care physicians. ANSWER: 7 7. Please identify all medical providers by name and address who treated injured Plaintiff, Harry Corsnitz, Sr., since August 7, 2006, other than Moffit Heart and Vascular Group, Harrisburg Hospital, Orthopedic histitute of Pennsylvania and Family Medicine Center of Marysville. ANSWER: 8. Identify, by name and address, all phannacies where injured Plaintiff, Harry Corsnitz, Sr., has held prescriptions filled from January 1, 2004, to the present time. ANSWER: 8 9. Identify the entity(ies), by name and address, responsible for paying and/or administering the payment for any and all medical expenses and prescriptive drug expenses for injured Plaintiff, Harry Corsnitz, Sr., from January 1, 2004, to the present. ANSWER: 10. Are you aware of any liens or subrogation interest in or to and/or against Plaintiffs recovery in this case, including but not limited to the Commonwealth of Pennsylvania, Department of Public Assistance, Medicare or Medicaid and if so, please provide all information known? ANSWER: 9 PLEASE PRODUCE THE FOLLOWING DOCUMENTS: 1. Any documents reviewed or relied upon or which exist to support your Answers to the foregoing Interrogatories. 2. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiffs, or his/her attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in question. 3. Produce copies of all trial exhibits. 4. Please provide any and all documentation supporting any lien or subrogation interest asserted against Plaintiffs' recovery in this case including but not limited to the Commonwealth of Pennsylvania, Department of Public Assistance, Medicare or Medicaid. 5. Produce all documents reflecting payments/benefits made on behalf of injured Plaintiff, Harry Corsnitz, Sr., from January 1, 2005, to the present for medical services and prescriptive drugs. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS / BY: D RCMERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax Dated: January 6, 2012 rlermanL&gslsc.com Ro'brien@gslsc.com 10 i- LIE' 0 -0F 14E It i F 'ryC iin 10`A-` ,1012 JAN -9 PM 2: 13 CUMBERLAND COUNTY P?NNSYE MANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action -- Law Plaintiffs, vs. No. 2008-4570 GNANA CIIINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6"' day of January, 2012, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 2 by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH) STRI RLER, LERMAN, SOLYMOS & CALKI@ BY: k1r/chinniah-int-r@-2 ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rleririanC(@slsc.com ro'brien@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action -- Law Plaintiffs, vs. : No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT, GNANA CHINNIAH, TO PLAINTIFFS SET NO.3 TO: Harrv and Victoria Corsnitz, Sr., Plaintiffs c/o Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 The Defendant, Gnana Chinniah, by Defendant's attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands that Plaintiffs answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affrants obtain further information between the time the answers are served and the time of the trial. Definition of Terms THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES : A. "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: EXHIBIT V k- 14 I . The subject matter and substance of that which took place; 2. The time, date and place thereof, 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different frorn the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiffs, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: 1. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association), state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made; (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof, F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document (e.g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009. 1, et seq., of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events). "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. FOR PURPOSES OF COMPLIANCE WITH THE MEDICARE SECONDARY PAYER MANDATORY REPORTING PROVISIONS IN SECTION III OF THE MEDICARE/MEDICAID AND SCHIP EXTENSION ACT OF 2007 (MMSEA) AND FOR PURPOSES OF COMPLIANCE WITH AMENDMENTS TO THE PENNSYLVANIA PUBLIC WELFARE CODE, ACT 2008-44 SECTIONS 259.1 - 259. 6, PLEASE ANSWER THE FOLLOWING INTERROGATORIES: 1. With regard to the injured Plaintiff: a. The HICN or SSN number of the injured Plaintiff; b. The first initial of the injured Plaintiff's name; C. The first six characters of the injured Plaintiff's last name; d. The injured Plaintiff's date of birth; and e. The injured Plaintiff's gender. ANSWER: 2. Has Medicare paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: a. The date you applied for said benefits; b. The amount of benefits paid to date; C. The case number, policy number or other identifiers for any benefits paid or payable; d. Whether benefits are still being paid to you or to a third party on your behalf by Medicare as of the date of answering this Interrogatory; C. Whether you or anyone on your behalf has provided notice to Medicare of the instant lawsuit, and if so, when; f. Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and g. Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: 3. Has Medicaid paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: a. The date you applied for said benefits; b. The amount of benefits paid to date; C. The case number, policy number or other identifiers for any benefits paid or payable; d. Whether benefits are still being paid to you or to a third party on your behalf by Medicaid as of the date of answering this Interrogatory; e. Whether you or anyone on your behalf has provided notice to Medicaid of the instant lawsuit, and if so, when; £ Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and g. Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: 4. Are you eligible to receive and/or entitled to receive Medicare benefits within 30 months? ANSWER: 5. Are you eligible for assistance from the Pennsylvania Department of Public Welfare and/or are you a beneficiary under Pennsylvania Act 2008-44 55 Sections 259.1 - 259.6 and if so, provide the following information: a. The name of the beneficiary; b. Beneficiary's medical assistance identification number; C. Beneficiary's date of birth; ANSWER: 6. Does injured Plaintiff have End-Stage Renal Disease ("ERSD")? a. If yes, when was it diagnosed? b. Has injured Plaintiff applied for Medicare benefits relating to this disease? ANSWER: 7. Does the injured Plaintiff have any form of kidney disease (e.g. permanent kidney failure)? a. State type of disease. b. Date diagnosed? C. Is injured Plaintiff being treated for the disease? If so, describe the treatment. d. What is the medical prognosis of the disease? e. Has injured Plaintiff applied for Medicare benefits for this disease? ANSWER: Does the injured Plaintiff have Amyotrophic Lateral Sclerosis (often referred to as "Lou Gehrig's disease)9 a. If yes, when was it diagnosed? b. Has injured Plaintiff applied for SSD benefits for this disease? ANSWER: Have you received any benefits from the Pennsylvania Department of Public Welfare as a result of this accident? ANSWER: 10. Has any other entity paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit, including, but not limited to, any other type of medical assistance, disability pension, income or insurance, including social security disability benefits, social security supplemental income benefits, Department of Public Welfare benefits and/or worker's compensation? If so, state the following: a. Identify the entity who has paid any benefits; b. The date you applied for said benefits; C. The amount of benefits paid to date; d. The case number, policy number or other identifiers for any benefits paid; e. Whether benefits are still being paid to you or to a third party on your behalf by the entity identified in subsection (a), above, as of the date of answering this Interrogatory; f Whether you or anyone on your behalf has provided notice to the entity identified in subsection (a), above, of the instant lawsuit, and if so, when; g. Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and h. Identify and produce a copy of any documents that contain any of the information requested in this interrogatory. ANSWER: 11. In the past 10 years, has any entity paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received regardless of whether you maintain that they are the result of the accident, including, but not limited to, Medicare, Medicaid or any other type of medical assistance, disability pension, income or insurance, including social security disability benefits, social security supplemental income benefits, Department of Public Welfare benefits and/or worker's compensation? If so, state the following: a. Identify the entity who has paid any benefits; b. The date you applied for said benefits; C. The amount of benefits paid to date; d. The case number, policy number or other identifiers for any benefits paid or payable; e. Whether benefits are still being paid to you or to a third party on your behalf by the entity identified in subsection (a), above, as of the date of answering this Interrogatory; f. Whether you or anyone on your behalf has provided notice to the entity identified in subsection (a), above, of the instant lawsuit, and if so when; g. Whether a lien has been asserted for the amount of benefits paid, end if so, the date you received notice of the lien and the amount of the lien; and h. Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: GRIFFITH, S CALK LERMAN, SOLYMOS & BY: ROI§ERT A. LERMAN, ESQUME #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax Dated: January 5, 2012 rlerman@gslsc.com Ro'brien@gslsc.com i i vL ?3 r,nF1T ?it r ,, rt ,r 2712 JAN -9 PM 2, 1 ? CUMBERLA14D COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action -- Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 5th day of January, 2012, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 3 by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, STRT LER, LERMAN, SOLYMOS & CALK BY: /0BERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax klr/chinniah-int-3 dermas@slsc.com ro'brien@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. Civil Action - Law GNANA CHINNIAH, Defendant, No. 2008-4570 JURY TRIAL DEMANDED ORDER AND NOW this V of ? /tc- , y , 2012, upon consideration of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, it is hereby ordered that: 1. a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the Respondent shall file an answer to the petition within o?lb days of this date; . on ispu a issues orl--ix-iie}d on , o room o the umTerland 5. argument shall be held on , at _t*J Courtroom 3 of the Cumberland County Courthouse; and W../p.m., in 6. notice of the entry of this order shall b pr vi ed all parties by the Petitioner. Dated: 2012 Distribution List: Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 (Cel €w -;- Plaintiffs) V Robert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York,PA-17462' (Counsel for Defendant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, ORDER Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED Upon consideration of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, Plaintiffs are hereby ordered to provide full and complete discovery responses, including but not limited to supplementing any prior answers, to all discovery requests served by Defendant within twenty (20) days from the date of this Court's Order, and the failure to do so may result in sanctions. Dated: 2012 J. Distribution List: ?Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 (Counsel for Plaintiffs) Robert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York, PA 17402 (Counsel for Defendant) 4,e5 yr'a. l r'a gl5lmk 41 t= iLED-C3FI Gr THE PROTHONOTAR'l 2012 JUL -2 PM 2-- 16 C Iq MDAfAtW YLV TY kEA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, VS. GNANA CHINNIAH, Defendant, Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR SANCTIONS FOR PLAINTIFFS' FAILURE TO COMPLY WITH THE COURT'S ORDER DATED APRIL 4, 2012 And now comes Defendant, Gnana Chinniah, by his counsel, Robert A. Lerman, Esquire, and Robert D. O'Brien, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and files the Defendant's Motion for Sanctions for Plaintiffs' Failure to Comply With the Court's Order Dated April 4, 2012, the grounds for which are as follows: 1. On February 29, 2012, Defendant filed Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests. Attached as Exhibit "I" is a copy of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, which is incorporated herein by reference as if set forth at length. 2. By Order dated March 2, 2012, and filed on March 5, 2012, the Court issued a Rule upon the responding Plaintiffs to show cause why the Petitioner Defendant was not entitled to the relief requested in Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Request. In addition, the March 2, 2012, Order, directed that the Respondent Plaintiff "shall file an answer to the petition within 20 days of this date." Attached as Exhibit "2" is a copy of this Court's March 2, 2012, dated Order, which is incorporated herein by reference as if set forth at length. 3. On April 4, 2012, Defendant through counsel, Robert D. O'Brien, Esquire, appeared before this Honorable Court with respect to Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests. Responding Plaintiffs did not appear and failed to comply with the March 2, 2012, Order in that they did not file an answer to the Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests within 20 days of March 2, 2012. At the proceeding on April 4, 2012, this Honorable Court issued an Order which directed that Plaintiffs "are hereby ordered to provide full and complete discovery responses, including but not limited to supplementing any prior answers, to all discovery requests served by Defendant within twenty (20) days from the date of this Court's Order, and the failure to do so may result in sanctions." Attached as Exhibit "3" is a true and correct copy of this April 4, 2012, Order, which is incorporated herein by reference as if set forth at length. 4. By letter dated April 10, 2012, Defendant's counsel served a copy of the Court's April 4, 2012, Order, upon Plaintiffs' counsel, and a copy of this letter is attached as Exhibit "4" and incorporated herein by reference as if set forth at length. In addition, it is Defendant's understanding that the April 4, 2012, Order was also served by the Prothonotary's office upon Plaintiffs' counsel 5. As of the date of the filing of Defendant's Motion for Sanctions for Plaintiffs' Failure to Comply With the Court's Order Dated April 4, 2012, Plaintiffs have not responded in any way, much less fully complied with this Honorable Court's April 4, 2012, Order. 2 6. Full and complete discovery responses by Plaintiffs are necessary for Defendant to obtain relevant medical records of Plaintiffs, insurance records, and any other records deemed necessary to evaluate and respond to Plaintiffs' liability and damage claims as set forth in Plaintiffs' Complaint. 7. Plaintiffs' failure to supplement their prior Answers to Interrogatories, and their failure to provide any response to the other three written discovery requests served upon them, is delaying this litigation and prejudicing Defendant. The text of relevant discovery requests which have not been properly responded to by Plaintiffs include, the following: a. Interrogatory Nos. 6, 9, and 11 of "Interrogatories of Defendant for answer by the Plaintiffs" which were served on or about March 13, 2009, as follows: 1) No. 6: "If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded." 2) No. 9: "Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify." 3) No. 11: "Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected the testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) 3 b. "Defendant's Request for Production of Documents Directed to Plaintiff' which was served on or about March 13, 2009, with requests as follows: 1) No. 1: "Any of the documents or instrumentalities involved in the incident, or photographs of the same if the instrumentality cannot be made available for inspection by reason of bulk or unavailability." 2) No. 2: "All photographs obtained during the course of our investigation of the matters relating to this lawsuit." 3) No. 3: "Copies of all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this litigation." 4) No. 4: "Copies of all doctors' reports, dental records, employment records or other information relevant to this lawsuit which you have in your custody or possession and which would have a bearing on the claims asserted in this litigation." 5) No. 5: "Any plans, drawings, brochures, pamphlets or other matter or materials relevant to the subject matter of this litigation." 6) No. 6: "Copies of all experts' reports made or secured by you in connection with your investigation of this accident." 7) No. 7: "Copy of the Declaration Sheet from the insurance policy you had in effect on the date of this accident." C. "Interrogatories/Request for Production of Documents of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 2" which has the following ten Interrogatories and five Request for Production of Documents: 1) Interrogatory No. 1: "Identify by name, address and substance of testimony all lay witnesses you expect to call at the time of trial." 2) Interrogatory No. 2: "State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify." 4 3) Interrogatory No. 3: "Set forth the qualifications of all those persons listed in the Answer to the preceding interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.)" 4) Interrogatory No. 4: "Set forth the facts to which each expert you have listed is expected to testify." 5) Interrogatory No. 5: "Set forth the opinions to which each such expert is expected to testify." 6) Interrogatory No. 6: "Please identify all medical providers by name and address who treated injured Plaintiff, Harry Corsnitz, Sr., for the five year period of time prior to August 7, 2006, including but not limited to any family physicians and/or primary care physicians." 7) Interrogatory No. 7: "Please identify all medical providers by name and address who treated injured Plaintiff, Harry Corsnitz, Sr., since August 7, 2006, other than Moffit Heart and Vascular Group, Harrisburg Hospital, Orthopedic Institute of Pennsylvania and Family Medicine Center of Marysville." 8) Interrogatory No. 8: "Identify, by name and address, all pharmacies where injured Plaintiff, Harry Corsnitz, Sr., has held prescriptions filled from January 1, 2004, to the present time." 9) Interrogatory No. 9: "Identify the entity(ies), by name and address, responsible for paying and/or administering the payment for any and all medical expenses and prescriptive drug expenses for injured Plaintiff, Harry Corsnitz, Sr., from January 1, 2004, to the present." 10) Interrogatory No. 10: "Are you aware of any liens or subrogation interest in or to and/or against Plaintiffs recovery in this case, including but not limited to the Commonwealth of Pennsylvania, 5 Department of Public Assistance, Medicare or Medicaid and if so, please provide all information known?" 11) Request for Production of Documents No. 1: "Any documents reviewed or relied upon or which exist to support your Answers to the foregoing Interrogatories." 12) Request for Production of Documents No. 2: "All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiffs, or his/her attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in question." 13) Request for Production of Documents No. 3: "Produce copies of all trial exhibits." 14) Request for Production of Documents No. 4: "Please provide any and all documentation supporting any lien or subrogation interest asserted against Plaintiffs' recovery in this case including but not limited to the Commonwealth of Pennsylvania, Department of Public Assistance, Medicare or Medicaid." 15) Request for Production of Documents No. 5: "Produce all documents reflecting payments/benefits made on behalf of injured Plaintiff, Harry Corsnitz, Sr., from January 1, 2005, to the present for medical services and prescriptive drugs." d. "Interrogatories of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 3" served by letter dated January 6, 2012, which has the following Interrogatories. 1) Interrogatory No. 1: With regard to the injured Plaintiff: (a) The HICN or SSN number of the injured Plaintiff, (b) The first initial of the injured Plaintiff's name; (c) The first six characters of the injured Plaintiff's last name; (d) The injured Plaintiff's date of birth; and (e) The injured Plaintiff's gender." 2) Interrogatory No. 2: "Has Medicare paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: (a) The date you applied for said benefits; (b) The amount of benefits paid to date; 6 (c) The case number, policy number or other identifiers for any benefits paid or payable; (d) Whether benefits are still being paid to you or to a third party on your behalf by Medicare as of the date of answering this Interrogatory; (e) Whether you or anyone on your behalf has provided notice to Medicare of the instant lawsuit, and if so, when; (f) Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and" 3) Interrogatory No. 3: "Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory." 4) Interrogatory No. 4: "Has Medicaid paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: (a) The date you applied for said benefits; (b) The amount of benefits paid to date; (c) The case number, policy number or other identifiers for any benefits paid or payable; (d) Whether benefits are still being paid to you or to a third party on your behalf by Medicaid as of the date of answering this Interrogatory; (e) Whether you or anyone on your behalf has provided notice to Medicaid of the instant lawsuit, and if so, when; (f) Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and" 5) Interrogatory No. 5: "Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory." 6) Interrogatory No. 6: "Are you eligible to receive and/or entitled to receive Medicare benefits within 30 months?" 7) Interrogatory No. 7: "Are you eligible for assistance from the Pennsylvania Department of Public Welfare and/or are you a beneficiary under Pennsylvania Act 2008-44 55 Sections 259.1 - 259.6 and if so, provide the following information: (a) The name of the beneficiary; 7 (b) Beneficiary's medical assistance identification number; (c) Beneficiary's date of birth; 8) Interrogatory No. 8: "Does injured Plaintiff have End-Stage Renal Disease ("ERSD")? (a) If yes, when was it diagnosed? (b) Has injured Plaintiff applied for Medicare benefits relating to this disease? 9) Interrogatory No. 9: "Have you received any benefits from the Pennsylvania Department of Public Welfare as a result of this accident?" 10) Interrogatory No. 10: "Has any other entity paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit, including, but not limited to, any other type of medical assistance, disability pension, income or insurance, including social security disability benefits, social security supplemental income benefits, Department of Public Welfare benefits and/or worker's compensation? If so, state the following: (a) Identify the entity who has paid any benefits; (b) The date you applied for said benefits; (c) The amount of benefits paid to date; (d) The case number, policy number or other identifiers for any benefits paid; (e) Whether benefits are still being paid to you or to a third party on your behalf by the entity identified in subsection (a), above, as of the date of answering this Interrogatory; (f) Whether you or anyone on your behalf has provided notice to the entity identified in subsection (a), above, of the instant lawsuit, and if so, when; (g) Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and" 11) Interrogatory No. 11: "Identify and produce a copy of any documents that contain any of the information requested in this interrogatory." 8 12) Interrogatory No. 12: "In the past 10 years, has any entity paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received regardless of whether you maintain that they are the result of the accident, including, but not limited to, Medicare, Medicaid or any other type of medical assistance, disability pension, income or insurance, including social security disability benefits, social security supplemental income benefits, Department of Public Welfare benefits and/or worker's compensation? If so, state the following: (a) Identify the entity who has paid any benefits; (b) The date you applied for said benefits; (c) The amount of benefits paid to date; (d) The case number, policy number or other identifiers for any benefits paid or payable; (e) Whether benefits are still being paid to you or to a third party on your behalf by the entity identified in subsection (a), above, as of the date of answering this Interrogatory; (f) Whether you or anyone on your behalf has provided notice to the entity identified in subsection (a), above, of the instant lawsuit, and if so, when; (g) Whether a lien has been asserted for the amount of benefits paid, end if so, the date you received notice of the lien and the amount of the lien; and" 13) Interrogatory No. 13: "Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. 8. Pursuant to Pa.R.C.P. 4005, 4006 (Interrogatories), and Pa.R.C.P. 4009.1, 4009.11, 4009.12 (Request for Production of Documents), Plaintiffs were required to provide answers and responses within thirty (30) days from the date of service of the respective discovery requests. In addition, pursuant to Pa.R.C.P. 4007.4, Plaintiffs were required to supplement their responses to prior discovery responses in a timely manner. 9. Because of Plaintiffs' failure to comply not only with their duties pursuant to the Pennsylvania Rules of Civil Procedure, but in direct violation of this Court's April 4, 2012, Order, Defendant incurred attorney's fees and expenses to prepare and present the original 9 Defendant's Motion to Compel (attached as Exhibit "1") to this Court and now to prepare and present this Motion for Sanctions. 10. Judges Kevin A. Hess and Edward E. Guido have ruled upon other issues in the same or related matter. WHEREFORE, as a result of Plaintiffs' failure to comply with their discovery obligations pursuant to the Pennsylvania Rules of Civil Procedure and their obligations pursuant to the Court's April 4, 2012, Defendant requests the following relief and sanctions: a. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to supplement and answer fully Interrogatories Nos. 6, 9, and 11 of "Interrogatories of the Defendant for Answer by the Plaintiffs" which was served on or about March 13, 2009, preclude and prohibit Plaintiffs from: i. Introducing any statement given by any witness unless Defendant first consents to entry of such statement or part of such statement; ii. Calling any witness or offering the testimony of any witness at the trial in this matter; and, iii. Calling any treating physician or any other expert witness, or offering the testimony of any treating physician or any other expert witness, at the trial in this matter. b. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide Defendant's present counsel with a response to "Defendant's Request for Production of Documents Directed to Plaintiff' which was served on or about March 13, 2009, preclude and prohibit Plaintiffs from 10 introducing at trial or having any witness refer to any documents which were requested in "Defendant's Request for Production of Documents Directed to Plaintiff' including, but not limited to, doctor's reports, employment records, expert reports, and any other document having "information relevant to this lawsuit." C. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to answer "Interrogatories/Request for Production of Documents of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 2" served by letter dated January 6, 2012, by Defendant's present counsel, preclude and prohibit Plaintiffs from: i. Calling any witness or offering the testimony of any witness at the trial for this case; ii. Calling any treating physician or any other expert witness, or offering the testimony of any treating physician or any other expert witness, at the trial for this case; iii. Introducing any evidence as to medical expenses or any other expenses allegedly incurred by either Plaintiff, or paid on behalf of either Plaintiff, as a result of the alleged claims in their lawsuit at the trial for this case; and, iv. Introducing any exhibits at the trial for this case. d. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to answer "Interrogatories of Defendant, Gnana Chinniah, to Plaintiffs, Set 11 No. 3" served by letter dated January 6, 2012, by Defendant's present counsel, preclude and prohibit Plaintiffs from: i. Calling any witness or offering the testimony of any witness at the trial for this case; ii. Calling any treating physician or any other expert witness, or offering the testimony of any treating physician or any other expert witness, at the trial for this case; and, iii. Introducing any evidence as to medical expenses or any other expenses allegedly incurred by either Plaintiff, or paid on behalf of either Plaintiff, as a result of the alleged claims in their lawsuit at the trial for this case. e. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide discovery responses in compliance with the Court's April 4, 2012, Order, order and direct that Plaintiffs are prohibited from supporting any of their claims and are prohibited from opposing the defenses asserted by Defendant not only at a trial for this case, but in response to any Motions (including, but not limited to, a Summary Judgment Motion) filed by Defendant. f. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide discovery responses in compliance with the Court's April 4, 2012, Order, order and direct that all of Plaintiffs' claims are dismissed with prejudice. 12 g. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide discovery responses in compliance with the Court's April 4, 2012, Order, order and direct that Plaintiffs are to pay the following amounts incurred on behalf of Defendant within thirty (30) days of the date of the Court's Order ruling upon Defendant's Motion for Sanctions: i. Reasonable counsel fees incurred on behalf of Defendant in the amount of $649.00 related to the preparation and presentation of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, and providing notice of the Court's Order; ii. Reasonable counsel fees incurred on behalf of Defendant in the amount of $561.00 related to the preparation of Defendant's Motion for Sanctions for Plaintiffs Failure to Comply with the Court's Order Dated April 4, 2012; and, iii. Reasonable expenses incurred on behalf of Defendant in the amount of $45.07 for mileage to travel to and from Carlisle, Pennsylvania, to present Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests on April 4, 2012, and an additional estimated $45.07 for mileage and travel to and from Carlisle, Pennsylvania, to present the presently filed Defendant's Motion for Sanctions. h. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide discovery responses in compliance with the Court's April 4, 2012, 13 Order, order and direct that Plaintiffs are to pay any further reasonable counsel fees and costs incurred on behalf of Defendant for his counsel to appear in court to present this Motion for Sanctions, with an estimated $330.00 to be incurred for same, as well as for counsel fees incurred to appear at any additional proceeding related to this Motion thereafter. Pursuant to Pa.R.C.P. 4019, find each Plaintiff in contempt of this Court's April 4, 2012, Order. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602 717-757-3783 Fax Dated: , 2012 rlermanAgslsc.com ro' brien(a-,gslsc. com 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, VS. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE "Qv,."- AND NOW, this all day of June, 2012, I, Robert D. O'Brien, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Defendant's Motion for Sanctions for Plaintiffs Failure to Comply With the Court's Order Dated April 4, 2012, by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlerman2gs1sc.com ro'brien@jzslsc.com vds/chinni ah/motiontocompe l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED ORDER Upon consideration of Defendant's Motion for Sanctions for Plaintiffs' Failure to Comply With the Court's Order Dated April 4, 2012, Plaintiffs are hereby: A. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to supplement and answer fully Interrogatories Nos. 6, 9, and 11 of "Interrogatories of the Defendant for Answer by the Plaintiffs" which was served on or about March 13, 2009, preclude and prohibit Plaintiffs from: i. Introducing any statement given by any witness unless Defendant first consents to entry of such statement or part of such statement; ii. Calling any witness or offering the testimony of any witness at the trial in this matter; and, iii. Calling any treating physician or any other expert witness, or offering the testimony of any treating physician or any other expert witness, at the trial in this matter. B. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide Defendant's present counsel with a response to "Defendant's Request for Production of Documents Directed to Plaintiff' which was served on or about March 13, 2009, preclude and prohibit Plaintiffs from introducing at trial or having any witness refer to any documents which were requested in "Defendant's Request for Production of Documents Directed to Plaintiff' including, but not limited to, doctor's reports, employment records, expert reports, and any other document having "information relevant to this lawsuit." C. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to answer "Interrogatories/Request for Production of Documents of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 2" served by letter dated January 6, 2012, by Defendant's present counsel, preclude and prohibit Plaintiffs from: i. Calling any witness or offering the testimony of any witness at the trial for this case; ii. Calling any treating physician or any other expert witness, or offering the testimony of any treating physician or any other expert witness, at the trial for this case; iii. Introducing any evidence as to medical expenses or any other expenses allegedly incurred by either Plaintiff, or paid on behalf of either Plaintiff, as a result of the alleged claims in their lawsuit at the trial for this case; and, iv. Introducing any exhibits at the trial for this case. D. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to answer "Interrogatories of Defendant, Gnana Chinniah, to Plaintiffs, Set No. 3" served by letter dated January 6, 2012, by Defendant's present counsel, preclude and prohibit Plaintiffs from: i. Calling any witness or offering the testimony of any witness at the trial for this case; ii. Calling any treating physician or any other expert witness, or offering the testimony of any treating physician or any other expert witness, at the trial for this case; and, iii. Introducing any evidence as to medical expenses or any other expenses allegedly incurred by either Plaintiff, or paid on behalf of either Plaintiff, as a result of the alleged claims in their lawsuit at the trial for this case. E. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide discovery responses in compliance with the Court's April 4, 2012, Order, order and direct that Plaintiffs are prohibited from supporting any of their claims and are prohibited from opposing the defenses asserted by Defendant not only at a trial for this case, but in response to any Motions (including, but not limited to, a Summary Judgment Motion) filed by Defendant. F. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide discovery responses in compliance with the Court's April 4, 2012, Order, order and direct that all of Plaintiffs' claims are dismissed with prejudice. G. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide discovery responses in compliance with the Court's April 4, 2012, Order, order and direct that Plaintiffs are to pay the following amounts incurred on behalf of Defendant within thirty (30) days of the Court's Order ruling upon Defendant's Motion for Sanctions: i. Reasonable counsel fees incurred on behalf of Defendant in the amount of $649.00 related to the preparation and presentation of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, and providing notice of Court's Order; ii. Reasonable counsel fees incurred on behalf of Defendant in the amount of $561.00 related to the preparation of Defendant's Motion for Sanctions for Plaintiffs Failure to Comply with the Court's Order Dated April 4, 2012; and, iii. Reasonable expenses incurred on behalf of Defendant in the amount of $45.07 for mileage to travel to and from Carlisle, Pennsylvania, to present Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests on April 4, 2012, and an additional estimated $45.07 for mileage and travel to and from Carlisle, Pennsylvania, to present the presently filed Defendant's Motion for Sanctions. H. Pursuant to Pa.R.C.P. 4019 and as a sanction for Plaintiffs failure to provide discovery responses in compliance with the Court's April 4, 2012, Order, order and direct that Plaintiffs are to pay any further reasonable counsel fees and costs incurred on behalf of Defendant for his counsel to appear in court to present this Motion for Sanctions, with an estimated $330.00 to be incurred for same, as well as for counsel fees incurred to appear at any additional proceeding related to this Motion thereafter. 1. Pursuant to Pa.R.C.P. 4019, find each Plaintiff in contempt of this Court's April 4, 2012, Order. Dated: , 2012 Distribution List: J. Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 (Counsel for Plaintiffs) Robert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York, PA 17402 (Counsel for Defendant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, ORDER Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED AND NOW, this day of , 2012, upon consideration of Defendant's Motion for Sanctions for Plaintiffs' Failure to Comply With the Court's Order Dated April 4, 2012, it is hereby ordered that: 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. The Respondent shall file an answer to the petition within days of this date; 3. The petition shall be decided under Pa.R.C.P. No. 206.7; 4. An evidentiary hearing on disputed issues of material fact shall be held on , at a.m./p.m., in Courtroom of the 5 Cumberland County Courthouse; Argument shall be held on , at Courtroom of the Cumberland County Courthouse; and a.m./p.m., in 6. Notice of the entry of this order shall be provided to all parties by the Petitioner. Dated: , 2012 Distribution List: J. Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 (Counsel for Plaintiffs) Robert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York, PA 17402 (Counsel for Defendant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, (a Py vs. 1- No. 2008-4570 GN.ANA CHINNIAH, Defendant, JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2012, upon consideration of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, it is hereby ordered that: 1. a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the Respondent shall file an answer to the petition within days of this date; 3. the petition shall be decided under Pa.R.C.P. No. 206.7; 4. an evidentiary hearing on disputed issues of material fact shall be held on at County Courthouse; 5, argument shall be held on a.m./p.m., in Courtroom at a.m./p.m., in Courtroom of the Cumberland County Courthouse; and 6. notice of the entry of this order shall be provided to all parties by the Petitioner. J. Dated: 32012 Distribution List: Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 (Counsel for Plaintiffs) Robert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York, PA 17402 (Counsel for Defendant) EXHIBIT of the Cumberland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITL, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, ORDER Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED Upon consideration of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, Plaintiffs are hereby ordered to provide full and complete discovery responses, including but not limited to supplementing any prior answers, to all discovery requests served by Defendant within twenty (20) days from the date of this Court's Order, and the failure to do so may result in sanctions. J. Dated: 2012 Distribution List: Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 (Counsel for Plaintiffs) Robert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York, PA 17402 (Counsel for Defendant) a 3: co - : CJ? N 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYQ? fAN'IA' HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, : vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFFS TO RESPOND TO DEFENDANT'S DISCOVERY REQUESTS And now comes Defendant, Gnana Chinniah, by his counsel, Robert A. Lerman, Esquire, and Robert D. O'Brien, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Motion to Compel, the grounds for which are as follows: I. This is a premises liability action in which Plaintiffs' Complaint alleges that on August 7, 2006, Plaintiff Harry Corsnitz fell on the stairs of the Defendant's rental property. In addition, Plaintiff Victoria Corsnitz claims loss of consortium. 2. The Plaintiffs commenced this action by filing a Praecipe for Writ of Summons on or about July 30, 2008. 1 3. On or about January 7, 2009, Defendant's prior counsel filed a Praecipe requesting that the Prothonotary enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days. 4. The Plaintiffs filed their Complaint on or about January 26, 2009. 5. On or about February 18, 2009, the parties filed a stipulation to remove subparagraphs g, h, k, and 1 of paragraph 11 from the Complaint. 6. Defendant filed an Answer with New Matter on or about March 2, 2009. The Plaintiffs filed a Reply to New Matter of Defendant on or about March 17, 2009. 7. The pleadings in this matter are now closed, and discovery has been ongoing since 2009. 8. On or about January 4, 2012, present counsel for Defendant entered their appearance. 9. On or about March 13, 2009, Defendant's prior counsel served upon Plaintiffs' counsel "Interrogatories of the Defendant for Answer by the Plaintiffs," a true and correct copy of which is attached hereto and marked as Exhibit "A." From the case documents reviewed by Defendant's present counsel, Plaintiffs' counsel provided unverified and undated Answers to these Interrogatories on an unknown date. 10. By letter dated January 6, 2012, Petitioner's counsel requested Plaintiffs' counsel provide a Verification to the Answers of Plaintiffs to the "Interrogatories of the Defendant for Answer by the Plaintiffs," and to supplement Plaintiffs' Answers to Interrogatories Nos. 6, 9, and 2 11. A true and correct copy of this January 6, 2012, letter from Defendant's present counsel to Plaintiffs' counsel is attached hereto as Exhibit "B." 11. On or about March 13, 2009, Defendant's prior counsel served upon Plaintiffs' counsel "Defendant's Request for Production of Documents Directed to Plaintiffs," a true and correct copy of which is attached hereto and marked as Exhibit "C." Since no response to this Request for Production of Documents by Plaintiffs was found from a review of the file by present counsel, in the January 6, 2012, letter to Plaintiffs' counsel, attached as Exhibit "B," Defendant's counsel requested that Plaintiffs' counsel provide either a duplicate copy of any prior Response or provide a formal Response if none had yet been provided. 12. In the January 6, 2012, letter from Defendant's present counsel to Plaintiffs' counsel, attached as Exhibit "B," Defendant's counsel also attached for answer by Plaintiffs the following two additional written discovery requests: 1) "Interrogatories/Request for Production of Documents of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 2"; and, 2) "Interrogatories of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 3." 13. A true and correct copy of the "Interrogatories/Request for Production of Documents of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 2" is attached hereto and marked as Exhibit "D." 14. A true and correct copy of the "Interrogatories of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 3" is attached hereto and marked as Exhibit "E." 3 15. As of the filing of this Motion, Plaintiffs have failed to supplement their Answers to Interrogatories Nos. 6, 9, and 11 of the March 13, 2009, dated "Interrogatories of the Defendant for Answer by the Plaintiffs." 1.6. As of the filing of this Motion, Plaintiffs have failed to provide to Defendant's present counsel with any response to Defendant's Request for Production of Documents Directed to Plaintiffs propounded March 13, 2009. 17. As of the filing of this Motion, Plaintiffs have failed to provide any response to the following two additional written discovery requests attached to the January 6, 2012, letter sent to Plaintiffs' counsel: 1) "Interrogatories/Request for Production of Documents of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 2"; and, 2) "Interrogatories of Defendant, Ghana Chinniah, to Plaintiffs, Set No. 3." 18. Plaintiffs have not served any objections to the discovery requests served by Defendant's prior and current counsel and the responses are overdue. 19. The information and documentation requested in Defendant's discovery requests referenced in this Motion is relevant with respect to Plaintiffs' liability and damage claims, and full and complete discovery responses by Plaintiffs are necessary for Defendant to prepare for trial and address the issues framed and legal issues set forth in Plaintiffs' Complaint. 20. Full and complete discovery responses by Plaintiffs are necessary for Defendant to obtain relevant medical records of Plaintiffs, insurance records, and any other records deemed necessary to evaluate and respond to Plaintiffs' liability and damage claims as set forth in Plaintiffs' Complaint. 4 21. Plaintiffs' failure to supplement their prior Answers to Interrogatories, and their failure to provide any response to the other three written discovery requests served upon them, is delaying this litigation. 22. Pursuant to Pa.R.C.P. 4005, 4006 (Interrogatories), and Pa.R.C.P. 4009.1, 4009.11, 4009.12 (Request for Production of Documents), Plaintiffs were required to provide answers and responses within thirty (30) days from the date of service of the respective discovery requests. In addition, pursuant to Pa.R.C.P. 4007.4, Plaintiffs were required to supplement their responses to prior discovery responses in a timely basis. 23. On February 17, 2012, undersigned counsel sent via e-mail and regular mail a letter to Plaintiffs counsel with a copy of this Motion, and requested him to concur or not concur with the relief requested in this Motion. Plaintiffs' counsel has responded to this letter as follows: February 20, 2012, e-mail which stated: "I am fairly certain the verification was sent to prior counsel and thus would prefer to avoid unnecessary motion practice-- I will have my assistant get back to you tomorrow on this...", but did not state whether he concurred or did not concur and his assistant did not respond further. 24. Judges Kevin A. Hess and Edward E. Guido have ruled upon other issues in the same or related matter. WHEREFORE, Defendant, Gnana Chinniah, respectfully requests this Honorable Court to direct that Plaintiffs are to provide full and complete discovery responses, including but not limited to supplementing any prior answers, to all discovery requests propounded by Defendant within twenty (20) days from the date of this Court's Order, and the failure to do so will result in 5 sanctions including but not limited to an award of reasonable counsel fees to Defendant for any further expenses incurred by Defendant to obtain such responses, and/or dismissal of Plaintiff's Complaint. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: J ' t,P ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah Dated: 2012 110 South Northern Way York, PA 17402 717-757-7602 717-757-3783 Fax rlermanggslsc.com ro'brien ggslsc.com 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. Civil Action - Law No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ??i day of February, 2012, I, Robert D. O'Brien, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion of Defendant, Gnana Chinniah, to Compel Plaintiffs to Respond to Discovery Requests by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: J ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax rlennan agslsc.com ro'brien@gslsc.com JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iis@idsw.com HARRY AND VICTORIA CORSNITZ, SR., HAN, Plaintiffs V. GNANA CHINNIAH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF THE DEFENDANT FOR ANSWER BY THE PLAINTIFFS TO: Mark Thomas Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et se q., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. JOHNSON, DUFFIE, STEWART & WEIDNER BY Jefferson J. Shipman, Esquire Attorney I.D. # 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 1 DATE: / i dl EXHIBIT A DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (1) The nature of the document (etc., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.), (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter of such document. (c) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (etc.., telephone, personal conversation, etc.); (2) Where it took place-, (3) Its date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (6) The substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (rD) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: (1) The name, present address and present employer and position of the person, and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. 1. State: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident, at the present time, and the date and place of your marriage to such spouse; (d) The address of your present residence and the address of each other residence which you have had during the past five years, (e) The names and current addresses of each person residing with the Plaintiff at the subject property of this incident when the alleged fall took place; (f) Your present occupation and the name and address of your employer; (g) Date of your birth; (h) Your Social Security number; (i) Your military service and positions held, if any; and 0) The schools you have attended and the degrees or certificates awarded, if any. ANSWER: 2. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: List and describe all expenses and losses that you have incurred because of the incident. ANSWER: 4. State with particularity the factual basis for each claim you are asserting in this case, including specifically, how it is that the Plaintiff fell and what, specifically caused her to fall down the stair case in question. ANSWER: 5. (a) Identify each person who (i) Was a witness to the incident through sight or hearing and/or (ii) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. (b) With respect to each person so identified, state that person's exact location and activity at the time of the incident. ANSWER: 6. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 7. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; and (d) The subject that each item represents or portrays. ANSWER: 8. If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify: (a) Each person, and the employer of each person, who conducted any investigation(s); and (b) All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: 9. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 10. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 11. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected the testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER, 12, If you intend to use any book, magazine, or other such writing at trial, state: (a) The name of the writing; (b) The author of the writing; (c) The publisher of the writing; (d) The date of publication of the writing; and (e) The identity of the custodian of the writing. ANSWER: 13. If you intend to use any admission(s). admission(s) of a party at trial, identify such ANSWER: 14. Identify all injuries that you allege you suffered as result of the incident. ANSWER: 15. If, either prior to or subsequent to the incident, you suffered any injury in those portions of the body claimed by you to have been affected by the incident, state: (a) The injury you suffered; (b) The date and place of any accident, if such injury was caused by an accident; (c) The identity of hospitals, doctors, or practitioners who rendered treatment or examination because of such injury; and (d) The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. ANSWER: 16. if you received medical treatment or examination (including X-rays) because of injury you suffered as a result of the incident, state: (a) The identity of each hospital at which you were treated or examined; (b) The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; (c) The identity of each doctor or practitioner by whom you were treated or examined; (d) The date on which each such treatment or examination by a doctor or practitioner was rendered. and the charge for each; and (e) The identity of any document(s) (except reports of experts subject to Pa. R.C.P. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). ANSWER'. 17. For the period of three years immediately preceding the date of the incident, state: (a) The name and address of each of your employers or, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; and (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year. ANSWER: 18. If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: (a) The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year; and (e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident and the amount of any earnings or other benefits lost by you because of such absence(s). ANSWER: 19. If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity: (a) The duties and/or activities you have been unable to perform; (b) The periods of time you have been unable to perform; and (c) The identity of all persons having knowledge thereof. ANSWER: 20. If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight hours immediately preceding the incident, state: (a) The nature, amount, and type of item consumed; (b) The amount of time over which consumed; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; and (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: 21. If you were under any physical or mental disability at the time of the incident, explain the disability. ANSWER: 22. Did Plaintiff file a worker's compensation claim as a result of his fall? If so, identify: (a) the worker's compensation carrier; (b) the claim number; (c) the claims adjuster and his/her address and telephone number; (d) the amount of compensation received; and (e) the status of the claim. ANSWER: 23. Describe in complete detail the alleged defective, dangerous and hazardous condition of the area where Plaintiff fell. ANSWER: 24. Describe in complete detail the lighting conditions at the time of Plaintiff's fall. ANSWER: 25. Describe the shoes that Plaintiff was wearing at the time of the accident, i.e., walking shoes, dress shoes, boots, and indicate if Plaintiff still has the same shoes. ANSWER: 26. Was Plaintiff carrying anything in her hand(s) at the time of the fall? If so, please indicate which hand and describe in complete detail the item(s) that Plaintiff was carrying. ANSWER: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 13, 2009: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYPJIOS & CALKINS 110 S. NORTHERN WAY ROBERT H. GRIFFrrH (1928-2009) YORK, PENNSYLVANIA 17402-3737 ROBERT M. STRICKLER TELEPHONE: (717) 757-7602 ANN MARGARET GRAB ROBERT A. LERMAN' FAX: (717) 757-37133 ERICK V. VIOLAGO- PETER D. SOLYMOS EMAIL: info(oJaslsc.com JOHN C. PORTER- CHARLES B. CALKINS WEBSITE: vvvvvv.aslsc.com ROBERT D. O'BRIEN PAUL G.LUTZ MICHAEL B. SCHEIB` Robert A. Lerman's EMAIL: rierman(digslse.com THOMAS B.SPONAUGLE'+ 'Also Member MD Bar -LL.M (Taxation), also Member CT Bar `Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy January 6, 2012 (Dictated January 5, 2012) VIA EMAIL Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli. PA 19301 RE: Larry and Victoria Corsnitz, Sr. v. Gnana Chinniah, Cumberland County C.C.P. No. 2008-4570 Dear Mr. Sophocles: We have now received and reviewed file materials transmitted to us by A.ttoiney Shipman in connection with this case and wish to bring to your attention several outstanding matters. There is no Verification of either Mr. or Mrs_ Corsnitz attached to Plaintiffs' Complaint, rather the copy of the Complaint we have contains only your Verification as counsel. If your clients executed Verifications for the Complaint previously, we would appreciate if you would provide us with a copy of same. If your clients have never executed Verifications, please have them do so in accord with Pa. R.C_P. 1024 and provide same to us promptly. 2. We have reviewed your clients' Answers to Interrogatories and note that same likewise do not include Verifications. If your clients did execute Verifications in connection with the Answers to Defendant's Interrogatories, please provide copies. If not, please have your clients execute Verifications with respect to those Answers to Interrogatories and provide same to us promptly. EXHIBIT X a Marl, T. Sophocles, Esquire January 6, 2012 Page 2 3. Please have your clients supplement their Answers to the following Interrogatories propounded by Defendant to Plaintiffs on March 13, 2009: a. No. 6 relating to statements. Please note Plaintiffs' original Answer was "investigation is ongoing." b. No. 9 relating to non-expert trial witnesses. Please note Plaintiffs' original Answer was "investigation is ongoing; Plaintiffs will supplement this response." C. No_ I I relating to expert trial witnesses. Please note Plaintiffs' original Answer was "Plaintiff is naming his treating physicians for use of medical evidence and is investigating the choice of possible medical and liability experts." Please identify which specific treating physicians by name and address and identify any other medical or liability experts Plaintiffs intend to call at the time of trial. 4. It appears that Attorney Shipman, on behalf Defendant, Gnana Chimliah, also propounded a Request for Production of Documents to Plaintiffs on March 13, 2009. In reviewing the file we received from Mr. Shipman, we could find no response. If you provided a response to the Request for Production of Documents, I request that you provide us with a duplicate copy and we will reimburse you for duplication expenses incurred. Alternatively, if the Response to the Request for Production of Documents was never provided, please provide a formal response (as the Rules require) as well as production of any documents which exist responsive to the seven itemized requests. For your convenience, attached is another copy of the referenced Defendant's Request for Production of Documents directed to the Plaintiffs. Attached are Defendant's Interrogatories and Request for Production of Documents, Set No. 2 to the Plaintiffs. It certainly appears from reviewing the file (and in particular Mr. Corsnitz's original Answers to Interrogatories and deposition testimony) that there is a lien or liens in connection with any potential recovery to the Plaintiffs in connection with this case. In his deposition Mr. Corsnitz mentioned "Gateway." Gateway Health Plan, I believe, is a third-party insurer or TPA under contract with Pennsylvania Department of Public Welfare and/or Medicare to provide health insurance benefits. Gateway, DPW and/or Medicaid or Medicare likely has a lien, in my judgment. Moreover, we note that we have very little in the way of pre-incident medical records other than one or two notes in the family physician's records (pre-incident) from May and June, 2006. I do understand your clients lived in South Carolina for some period of time before the incident but I would ask that they provide all specific information they can Mark T, Sophocles, Esquire January 6, 2012 Page regarding to pre-incident medical providers from January 1, 2001, forward.. Additionally, in the event out-of-state medical providers are subsequently identified by your client, we will provide Authorizations for Mr. Corsnitz to sign allowing us to obtain records from any out-of-state providers. We also need to know the extent of any additional medical treatment your client may have had since his deposition. The attached second set of discovery is limited to these several outstanding issues. Please note that we have included some requests relating to the identity of trial witnesses (lay and expert). In the event you promptly provide supplemental responses to Plaintiffs' original Interrogatories with respect to the identification of trial witnesses, you need not duplicate your responses and can simply reference the supplemental responses. Also attached are Defendant's Interrogatories to Plaintiffs, Set No. 3 which deal exclusively with the information our client's insurer is mandated to report pursuant to the Medicare Secondary Payer Statute. We have noted that Mr. Shipman's file contains copies of medical records subpoenaed from: 1. Moffitt Heart and Vascular Group; 2. Harrisburg Hospital; 3. Orthopedic Institute of Pennsylvania; and 4. Family Medicine Center of Marysville. Please confirm that Mr. Shipman provided you with copies of these records received in response to his Subpoenas. If not, we will duplicate and provide same to you promptly. Finally, attached is a Notice of Intent and proposed Subpoenas Duces Tecum so that we can procure updated medical records regarding Mr. Corsnitz. We also include a Waiver of Notice which we would ask you to sign and return so that we can collect these additional/updated records expeditiously and we will, of course, provide you with duplicate copies upon receipt. We have also included a Subpoena directed to Gateway Health Plan. Very truly yours, ROBERT A. LERMAN klr/chinniah-ltr Attachments JOHNSON, DUFFIE, STEWART & WEIDNER Attorneys for Defendant By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: ilsgidsw com HARRY AND VICTORIA CORSNITZ, SR., HM, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4570 CIVIL TERM V. CIVIL ACTION - LAW GNANA CHINNIAH, Defendant JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS TO: Mark Thomas Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Pursuant to Pennsylvania Rules of Civil Procedure No. 4009, please submit for inspection and copying to the law offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA, 17043, within thirty (30) days form the date hereof, the following documents. JOHNSON, DUFFIE, STEWART & WEIDNER f l' ? e z'Al BYF FP Jefferson J. Shipman, Esquire Attorney I.D. # 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ? Attorneys for Defendant DATE: '7)?'t'-?j? ??GJ ,J ? EXHIBIT 1. Any of the documents or instrumentalities involved in the incident, or photographs of the same if the instrumentality cannot be made available for inspection by reason of bulk or unavailability. 2. All photographs obtained during the course of our investigation of the matters relating to this lawsuit. I Copies of all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this litigation. 4. Copies of all doctors' reports, dental records, employment records or other information relevant to this lawsuit which you have in your custody or possession and which would have a bearing on the claims asserted in this litigation. 5. Any plans, drawings, brochures, pamphlets or other matter or materials relevant to the subject matter of this litigation. 6. Copies of all experts' reports made or secured by you in connection with your investigation of this accident. 7. Copy of the Declaration Sheet from the insurance policy you had in effect on the date of this accident. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 13, 2009. Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER pP f By C Jefferson J. Shipman, Esquire 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED INTERROGATORIES/RE EUST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT GNANA CHINNIAH TO PLAINTIFFS SET NO. 2 TO: Harry and Victoria Corsnitz, Sr., Plaintiffs c/o Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 The Defendant, Gnana Chinmah, by his attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands that Plaintiffs answer the following Interrogatories under oath pursuant to Pemisylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiants obtain further infbnnation between the time the answers are served and the time of the trial. Also, pursuant to Pa.R.C.P. Rule 4009, as amended, Plaintiffs are requested to produce for inspection, examination and copying, at the offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK[NS, 110 S. Northern Way, York, Pemisylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. DEFINITION OF TERMS THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES: r EXHIBIT D i-?9 J A. And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. 13. "Describe" or Description" when used with reference to any conversation, conmmunion, statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: 1. The subject matter and substance of that which took place; 2. The time, date and place thereof 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each connmunication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different fi-orn the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiffs, including byway of amplification and not limitation: contracts, invoices, correspondence, notes,. drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. 2 E. "Identify," "Identification" or "Identity" means to provide the following information: 1. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association), state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made; (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof; F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint 3 ventures, co--ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: I. The nature of the document (e. g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in. a demand for the production of the documents under Rule 4009 of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, rnonth and year if ascertainable, or, if not, the best approximation (including the relation of other events). 1. "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. 4 INTERROGATORIES Identify by name, address and substance of testimony all lay witnesses you expect to call at the time of trial. ANSWER: 2. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. ANSWER: 5 ;. Set forth the qualifications of all those persons listed in the Answer to the preceding interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) ANSWER: 4. Set forth the facts to which each expert you have listed is expected to testify ANSWER: 6 Set forth the opinions to which each such expert is expected to testify. ANSWER: Please identify all medical providers by name and address who treated injured Plaintiff, Harry Corsnitz, Sr., for the five year period of time prior to August 7, 2006, including but not limited to any family physicians and/or primary care physicians. ANSWER: 7 7. Please identify all medical providers by name and address who treated injured Plaintiff, harry Corsnitz, Sr., since August 7, 2006, other than Moffit Heart and Vascular Group, Harrisburg Hospital, Orthopedic Institute of Pennsylvania and Family Medicine Center of Marysville. ANSWER: g. Identify, byname and address, all pharmacies where injured Plaintiff, HarryCorsnitz, Sr., has held prescriptions filled from January 1, 2004, to the present time. ANSWER: 8 9. Identify the entity(ies), by name and address, responsible for paying and/or administering the payment for any and all medical expenses and prescriptive drug expenses for injured Plaintiff, Harry Corsnitz, Sr., from January 1, 2004, to the present. ANSWER: 14 Are you aware of any liens or subrogation interest in or to and/or against Plaintiffs recovery in this case, including but not limited to the Commonwealth of Pennsylvania, Department of Public Assistance, Medicare or Medicaid and if so, please provide all information known? ANSWER: 9 PI E:aieE PRODUCE T aYE X-OL" OWING DOCUMENTS: Any documents reviewed or relied upon or which exist to support your Answers to the foregoing Interrogatories. 2. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiffs, or his/her attorneys or insurers who are expected to testify at trial, which relate to the subject matter of this litigation and the incident in. question. 3. Produce copies of all trial exhibits. 4. Please provide any and all documentation supporting any lien or subrogation interest asserted against Plaintiffs' recovery in this case including but not limited to the Commonwealth of Pennsylvania, Department of Public Assistance, Medicare or Medicaid. 5. Produce all documents reflecting payments/benefits made on behalf of injured Plaintiff, Harry Corsnitz, Sr., from January 1, 2005, to the present for medical services and prescriptive drugs. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS / BY: A ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax Dated: January 6, 2012 rlermangg?slsc.com Ro'brien@gslsc.com 10 '..i 1 4'" f t ti: t i 2, 0 1 r`_ j A N --'If P 2 13 H H" , 11 rS 0 p , 11i Nl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Civil Action - Law Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6"' day of January, 2012, I, Robert A. Lerman, a member of the firrii of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories/Request for Prodtiction of Documents of Defendant, Gnana Chinniah, to Plaintiffs, Set Into. 2 by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocle.s, Esquire 21 hidustrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIEF BY: klr/chim-iiah-int-rfp d-2 ROBERT A_ LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chinniah 110 South Northem Way York, PA 17402 717-757-7602/717-757-3783 Fax rlermanggslsc.com ro'brien@gslsc.com N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT GNANA CHINNIAH, TO PLAINTIFFS SET NO. 3 TO: Harry and Victoria Corsnitz, Sr., Plaintiffs c/o Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 The Defendant, Gnana Chim-nah, by Defendant's attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands that Plaintiffs answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiants obtain further information between the time the answers are served and the time of the trial. Definition of Terms THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES : A. "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, 'statement, meeting, or discussion or any act, transaction, occurrence, happening, instance, or event, means to provide the following information: EXHIBIT y J I. The subject matter and substance of that which took place; 2. The time, date and place thereof, 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication. or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made fi-om such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attache nts or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiffs, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual; regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: 1. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association), state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person, or by telephone) when it was made; (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof; F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the foregoing entities. G. "Specify" when used with reference to a "document," calls for: 1. The nature of the document (e.g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009. 1, et seq., of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events). "You" or "your" refers to and shall be construed to mean the party to whom or to whicli these discovery requests are directed, as well as that party's agents, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. FOR PURPOSES OF COMPLIANCE WITH TIIE MEDICARE SECONDARY PAVER MANDATOR' REPORTING= PROVISIONS IN SECTION III OF THE MEDICARE/MEDICAID AND SCHIP EXTENSION ACT OF 2007 (MMSEA) AND FOR PURPOSES OF COMPLIANCE WITH AMENDMENTS TO THE PENNSYLVANIA PUBLIC- WELFARE CODE, ACT 2005--44 SECTIONS 259.1 - 259. 6, PLEASE ANSWER THE FOLLOWING INTERROGATORIES: 1. With regard to the injured Plaintiff: a. The HICN or SSN number of the injured Plaintiff, b. The first initial of the injured Plaintiff's name; C. The first six characters of the injured Plaintiff's last name; d. The injured Plaintiff's date of birth; and C. The injured Plaintiff's gender. ANSWER: 2. Has Medicare paid any benefits to you or to anyone else on your behalf in coiulection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: a. The date you applied for said benefits; b. The amount of benefits paid to date; C. The case number, policy number or other identifiers for any benefits paid or payable; d. Whether benefits are still being paid to you or to a third party on your behalf by Medicare as of the date of answering this Interrogatory; e. Whether you or anyone on your behalf has provided notice to Medicare of the instant lawsuit, and if so, when; f Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and g. Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: 3. Has Medicaid paid any benefits to you or to anyone else on your behalf in comnection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit? If so, state the following: a. The date you applied for said benefits; b. The amount of benefits paid to date; c. The case number, policy number or other identifiers for any benefits paid or payable; d. Whether benefits are still being paid to you or to a third party on your behalf by Medicaid as of the date of answering this Interrogatory; e. Whether you or anyone on your behalf has provided notice to Medicaid of the instant lawsuit, and if so, when; f Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and g. Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: 4. ?Ve you eligible to receive and/or entitled to receive Medicare henefits within 30 months? ANSWER: 5. Are you eligible for assistance from the Pennsylvania Department of Public Welfare and/or are you a beneficiary under Pennsylvania Act 2008-44 55 Sections 259.1 - 259.6 and if so, provide the following information: a. The name of the beneficiary; b. Beneficiary's medical assistance identification number;. C. Beneficiary's date of birth; ANSWER: Does injured Plaintiff have End-Stage Renal Disease (" ERSU O a. If yes, when was it diagnosed? b. Has injured Plaintiff applied for Medicare benefits relating to this disease? ANSWER: 7. Does the injured Plaintiff have any form of kidney disease (e.g. permanent kidney failure)? a. State type of disease. b. Date diagnosed? C. Is injured Plaintiff being treated for the disease? If so, describe the treatment. d. What is the medical prognosis of the disease? e. Has injured Plaintiff applied for Medicare benefits for this disease? ANSWER: 8. Does the injured Plaintiff have Anyotrophic Lateral. Sclerosis (often referred to as "Lou Gehrig's diseasep If yes, when was it diagnosed? b. Has injured Plaintiff applied for SSD benefits for this disease? ANSWER: Have you received any benefits from the Pennsylvania Department of Public Welfare as a result of this accident? ANSWER: 10. Has any other entity paid any benefits to you or to anyone else on your behalf in connection with any treatment or injuries you have received as a result of the accident forming the basis for this lawsuit, including, but not limited to, any other type of medical assistance, disability pension, income or insurance, including social security disability benefits, social security supplemental income benefits, Department of Public Welfare benefits and/or worker's compensation? If so, state the following: a. Identify the entity who has paid any benefits; b. The date you applied for said benefits; c. The amount of benefits paid to date; d. The case number, policy number or other identifiers for any benefits paid; e. Whether benefits are still being paid to you or to a third party on your behalf by the entity identified in subsection (a), above, as of the date of answering this Interrogatory; f Whether you or anyone on your behalf has provided notice to the entity identified in subsection (a) above of the instant lawsuit and if so when; g. Whether a lien has been asserted for the amount of benefits paid, and if so, the date you received notice of the lien and the amount of the lien; and h. Identify and produce a copy of any documents that contain any of the information requested in this interrogatory. ANSWER: 11. In the past 10 years, has any entity paid any benefits to you or to anyone else on your behalf in comlection with any treatment or injuries you have received regardless of whether you maintain that they are the result of the accident, including, but not limited to, Medicare, Medicaid or any other type of medical assistance, disability pension, income or insurance, including social security disability benefits, social security supplemental income benefits Department of Public Welfare benefits and/or worker's compensation? If so, state the following: a. Identify the entity who has paid any benefits; b. The date you applied for said benefits; C. The amount of benefits paid to date; d. The case number, policy number or other identifiers for any benefits paid or payable; e. Whether benefits are still being paid to you or to a third party on your behalf by the entity identified in subsection (a), above, as of the date of answering this Interrogatory; f Whether you or anyone on your behalf has provided notice to the entity identified in subsection (a), above, of the instant lawsuit, and if so, when; g. Whether a lien has been asserted for the amount of benefits paid, end if so, the date you received notice of the lien and the amount of the lien; and h. Identify and produce a copy of any documents that contain any of the information requested in this Interrogatory. ANSWER: GRIFFITH STRICI-ERMAN, SOLYMOS CALKINS_ BY: ROBERT A. LERMAN, ESQUME 4PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gn.ana Chinniah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax Dated: January 5, 2012 rlennan.@gslsc.com Ro'brien@gslsc.com fT 12 ji;kl ry ' FM 7'. ? u n M9 ; A 1t•Si? s"t t:'Ji SJ E Ejj. : C0 l1fy E PENNSYLVA 'IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY ,AND VICTORIA CORSNITZ, SR., Civil Action, __ -Taw Plaintiffs, vs. No. 2008-4570 GNANA CHINNIAH, Defendant, JURY TRIAL, DEMANDED CEIZTIFICA TE OF SERVICE AND NOW, this 5"' day of January, 2012, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify- that I have this date served a copy of the Interrogatories of Defendant, Gnana Chin.niah, to Plaintiffs, Set No. 3 by United States Mail, addressed to the party or attorney of record as follows: Mark T. Sophocles, Esquire 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 (Plaintiffs' Counsel) GRIFFITH, STR!` LER, LERMAN, SOLYMOS & CALK I@ / r t iI a ? / ? ? 1 BY: s 111//??? ,ROBERT A. LERMAN, ESQUIRE #PA07490 ROBERT D. O'BRIEN, ESQUIRE #PA65737 Attorneys for Defendant, Gnana Chimriah 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 Fax klr/chinniah-int-3 rlerman@gslsc.com ro'brien@gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, ORDER AND NOW, this ?N Y of M/ `C' Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED 2012, upon consideration of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, it is hereby ordered that: a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the Respondent shall file an answer to the petition within o9b days of this date; - a e ci n er a. .7; on ispu a issues o m r on ., in o room o t e um e land argument shall be held on , at 5 Q /per •, 3, i?l, . urtroom of the Cumberland County Courthouse; and C r, W ` M M-„' o - M ;:Q - :;:a r " i notice of the entry of this order shall be pr vi ed t all parties by the Pe`ercn 6 ` . ? - T C , Dated: 3 "0) - 52012 Distribution List: Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 (Counsel for Plaintiffs) Robert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York, PA 17402 (Counsel for Defendant) EXHIBIT ._ 91 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHWI NTAN. Defendant, ORDER Civil Action - Law No. 2008-4570 JURY TRIAL DEMANDED Upon consideration of Defendant's Motion to Compel Plaintiffs to Respond to Defendant's Discovery Requests, Plaintiffs are hereby ordered to provide full and complete discovery responses, including but not limited to supplementing any prior answers, to all discovery requests served by Defendant within twenty (20) days from the date of this Court's Order, and the failure to do so may result in sanctions. 9 3 { Dated:=°` w , 2012 Distribution List: Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 (Counsel for Plaintiffs) Rpbert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York, PA 17402 Vcounsel for Defendant) EXHIBIT -,3 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D.SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB` THOMAS B. SPONAUGLE°+ 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Trial and Pretrial Practice Advocate by the National Board of Trial Advocacy June 28, 2012 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infoOoslsc.com WEBSITE: www.oslsc.com Robert D. O'Brien's EMAIL: ro'brien@gslsc.oom David Buell, Prothonotary Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013-3387 ANN MARGARET GRAB ERICK V. VIOLAGO- JOHN C. PORTER- ROBERT D. O'BRIEN RE: Harry and Victoria Corsnitz, Sr. v. Gnana Chinniah, Cumberland County C.C.P. No. 2008-4570 Dear Mr. Buell: Enclosed is the original and one copy Defendant's Motion for Sanctions for Plaintiff's Failure to Comply With the Court's Order Dated April 4, 2012, along with the original and three copies of two proposed Orders, and self-addressed stamped envelopes to all counsel. Please transmit the documents to the Court Administrator for judicial assignment. Please time-stamp and return a copy of each document, via the self-addressed stamped envelope enclosed. A copy of this letter, the proposed Orders, and the Motion have been transmitted to all counsel of record. Thank you. Ve truly yours, ROBERT D. O'BRIEN vds/chinniah-Itr Enclosures Cc (w/enc): Mark T. Sophocles, Esquire I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV HARRY AND VICTORIA CORSNITZ, SR., Plaintiffs, vs. GNANA CHINNIAH, Defendant, AND NOW, this day ofWAN _ 2012, upon consideration of Defendant's e V %j Motion for Sanctions for Plaintiffs' Failure to Comply With the Court's Order Dated April 4, 2012, it is hereby red that ?!' 111? /?'•? ICA -im.L LIZ' ? • ";Zr ; UUM w Jiiuw a use wny the petitioner is not entit :ed, ` 0 /5 ques e ; 2. T?Te espon ens te; Civil Action - Law JURY TRIAL DEMANDED ORDER No. 2008-4570 2 Tho o+'+',. ..? --» - ' - rei?c.i Z[IIaeI-rzT " - - •, • ., , tsNucN vi inmeriai Iaci snail be a.m./p.m., in '6ier?a??ourf ousFi e;"°`' Courtroom of the Cumberland County Courthouse;, and I V. , 6. Notice of the entry of this order shall vi to all parties by the Petitioner. J. Dated: 2012 Distribution List: Mark T. Sophocles, Esquire, 21 Industrial Boulevard, Suite 201, Paoli, PA 19301 Plaintiffs) Robert A. Lerman, Esquire/Robert D. O'Brien, Esquire, 110 South Northern Way, York, PA 1 (Counsel for Defendant) C'©p,e`, ".I-ed 719/1X 9*,(- z c A ? C N --q c n -t G for rl-r- t ter. C -! _ C~ c~" s= ~~~~~: ~~~~THOr~oT~,~i 2Qf2 AU6 28 Alf f I ~ 43 ~f1M~~Rl.AfVt7 Ct~~NTY f'~f'~NSYIV~NfA- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV HARRY AND VICTORIA CORSNITZ, SR., Civil Action -Law Plaintiffs, . vs. No. 2008-4570 GNANA CHINNIAH, . Defendant, JURY TRIAL DEMANDED STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE We, Mark T. Sophocles, Esquire, on behalf of the Plaintiff, and Robert A. Esquire, and Robert D. O'Brien, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, behalf of Defendant, Gnana Chinniah hereby agree that the above-captioned case shall voluntarily dismissed, with prejudice. BY: MARK T. SOPHOCLES, ESQ. ID 74998 21 Industrial Boulevard, Suite 201 Paoli, PA 19301 T: 610-651-0105 F: 610-651-0106 Mark.sophocles~a7,verizon.net Attorney for Plaintiffs T GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: l O ER A. LERMAN, ESQ., ID 07490 ROBERT D. O'BRIEN, ESQ., ID 65737 110 South Northern Way York, PA 17402 T: 717-757-7602 F: 717-757-3783 rlerman~gslsacom ro' brien~a,Itslsc. com Attorneys for Defendant