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HomeMy WebLinkAbout08-5091CHRISTINE E. BLAUCH AND JEFFREY L. BLAUCH, Sr., Plaintiffs V. JENNIFER L. ELLIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 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 CHRISTINE E. BLAUCH AND : IN THE COURT OF COMMON PLEAS JEFFREY L. BLAUCH Sr., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JENNIFER L. ELLIS, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Christine E. Blauch and Jeffrey L. Blauch Sr., by and through their attorneys, Scaringi & Scaringi, P.C., complain as follows: 1. Plaintiffs are Christine E. Blauch and Jeffrey L. Blauch Sr., her husband, adult individuals who reside at 416 3`d Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Jennifer L. Ellis, an adult individual who resides at 1438 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On or about August 28, 2006, Plaintiff Christine E. Blauch was the operator of a motor vehicle which was involved in the accident described herein. 4. On the aforesaid date Defendant was the owner and/or operator of a motor vehicle which was involved in the accident described herein. 5. On the aforesaid date at approximately 3:30 p.m. Plaintiff Christine E. Blauch was operating her motor vehicle and was stopped at a red light sign at the intersection of 16th and Bridge Streets in the Borough of New Cumberland, Cumberland County, Pennsylvania when her vehicle was struck in the rear by a vehicle which had been struck by the Defendant's motor vehicle which was being operated by Defendant. r 6. At the time of the accident herein described, Plaintiff Christine E. Blauch was lawfully stopped at a posted red light while waiting for traffic to clear to proceed. 7. The accident was directly and proximately caused by the negligence and carelessness of Defendant, which consisted, among other things, of the following: a. operating her motor vehicle in a careless, reckless, and negligent manner; b. operating her motor vehicle at an excessive rate of speed under the circumstances; c. operating her motor vehicle with no warning of approach or intended direction; d. not having her motor vehicle under the proper control as to stop said vehicle within the assured clear distance ahead (75 Pa.C.S. Section 3361); e. operating her motor vehicle without due regard to the rights, safety, and position of Plaintiff; f. failing to have her motor vehicle under the proper control as to prevent this vehicle from striking Plaintiff's motor vehicle; g. failing to keep a proper lookout; h. failing to use due care under the circumstances; L failing to notice the motor vehicle of Plaintiff, j. upon noticing the motor vehicle of Plaintiff, failing to yield the right- of-way to Plaintiff's vehicle; k. failing to take evasive action in order to avoid impacting with Plaintiff's vehicle; 1. failing to apply her brakes in sufficient time to avoid striking Plaintiff's stationary vehicle; m. operating her motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code. 75 Pa.C.S. Sections 3361 and 3362. 8. At all times material hereto, Plaintiff Christine E. Blauch, acted with due care and was not contributorily negligent. COUNT I--CHRISTINE E. BLAUCH v. JENNIFER L. ELLIS 9. Plaintiff, Christine E. Blauch, incorporates by reference all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this Count. 10. As a result of Defendant's negligence, Plaintiff Christine E. Blauch sustained the following injuries, some or all of which may be permanent: neck, back and right hip, together with shock to the nerves and nervous system and aggravation of preexisting conditions. 11. As a result of Defendant's negligence, Plaintiff Christine E. Blauch has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to her great detriment and loss. 12. As a result of Defendant's negligence, Plaintiff Christine E. Blauch has sustained serious and permanent injury, for the treatment of which she has incurred medical bills and expenses and will continue to incur medical bills and expenses in the future. 13. As a result of Defendant's negligence, Plaintiff Christine E. Blauch has suffered a loss of earnings and/or earning capacity. 14. As a result of Defendant's negligence, Plaintiff Christine E. Blauch has suffered an interruption of her daily habits and pursuits to her great and permanent detriment and loss. 15. Plaintiff Christine E. Blauch has made demand for compensation of the aforesaid injuries and losses, which Defendant has failed and refused and still refuses to pay. WHEREFORE, Plaintiff Christine E. Blauch demands judgment against Defendant in an amount in excess of $50,000.00, exclusive of interest and costs. COUNT II - JEFFREY L. BLAUCH, Sr. v. JENNIFER L. ELLIS 16. Plaintiff, Jeffrey L. Blauch, Sr. incorporates all of the preceding paragraphs of this Complaint as if each and every one were individually set forth within this Count. 17. As a result of Defendant's negligence, Plaintiff Jeffrey L. Blauch, Sr. has been deprived of the society, companionship, contributions, and consortium of his wife, Plaintiff Christine E. Blauch, to his great detriment and loss. 18. As a result of Defendant's negligence, Plaintiff Jeffrey L. Blauch, Sr. has incurred and will in the future incur large medical bills and expenses to treat his wife's injuries. 19. As a result of Defendant's negligence, Plaintiff Jeffrey L. Blauch, Sr. has suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiff Jeffrey L. Blauch demands judgment against Defendant in an amount in excess of $50,000.00, exclusive of interest and costs. Respectfully submitted, P.C. C By: FFr nk C. Sluzis, Esquire Aftornev for Plaintiffs ID # 43 829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frank&scaringilaw.com I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7- 2-z -691 '%? r w n yr n? ul ra-r cc, con A, .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE E. BLAUCH and JEFFREY L. BLAUCH, SR., Plaintiffs, V. JENNIFER L. ELLIS, Defendant. CIVIL DIVISION NO. 08-5091 PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16569 ?W ' A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE E. BLAUCH and CIVIL DIVISION JEFFREY L. BLAUCH, SR., Plaintiffs, NO. 08-5091 V. JENNIFER L. ELLIS, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Jennifer L. Ellis, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. By: vin D. Rauch, Esquire unsel for Defendant Y ? I' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 17TH day of September, 2008. Frank C. Sluzis, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: lrPD. Rauch, Esquire unsel for Defendant N_ C "' 1 Tt Cam . .CP a -0 ?7 ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLAUCH CHRISTINE E ET AL VS ELLIS JENNIFER L NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ELLIS JENNIFER L the DEFENDANT , at 0910:00 HOURS, on the 13th day of September, 2008 at 1438 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to JENNIFER L ELLIS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge )0/6z/ of' 18.00 34.00 .59 10.00 .00 62.59 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/15/2008 SCARINGI & SCARINGI By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE E. BLAUCH and JEFFREY L. BLAUCH, SR., Plaintiffs, CIVIL DIVISION NO. 08-5091 V. JENNIFER L. ELLIS, Defendant. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from serv??f or a jyfigment may be r ainst u. rs; McDpnnell, & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16569 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE E. BLAUCH and CIVIL DIVISION JEFFREY L. BLAUCH, SR., Plaintiffs, NO. 08-5091 V. (Jury Trial Demanded) JENNIFER L. ELLIS, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jennifer Ellis, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that an accident occurred on the date, time, and place identified. The remainder of the allegations in paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Paragraph 7 and all of its subparts are admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of her motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 7 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNTI CHRISTINE E. BLAUCH v. JENNIFER L. ELLIS 9. In response to paragraph 9, the Defendant reiterates and repeats all her responses in paragraphs 1 through 8 as if fully set forth at length herein. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Jennifer L. Ellis, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. COUNT II JEFFREY L. BLAUCH, SR., v. JENNIFER L. ELLIS 16. In response to paragraph 16, the Defendant reiterates and repeats all her responses in paragraphs 1 through 15 as if fully set forth at length herein. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Jennifer L. Ellis, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 20. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 21. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 22. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 23. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Jennifer L. Ellis, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SK-EE6 L.L.P, i v rI Y By: evin D a ch, Esquire Counsel fir Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: t ©- ZZ - o #16569 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 23d day of October, 2008. Frank C. Sluzis, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKREL, U.P. - By: - " K vin D. Ra ch, Esquire Counsel for Defendant h .? 4 ?`? >r r-?, "' ?, r ?' ? ? C_r r:C ?? -,.. .,,? CHRISTINE E. BLAUCH AND : IN THE COURT OF COMMON PLEAS JEFFREY L. BLAUCH Sr., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 08-5091 JENNIFER L. ELLIS, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED REPLY TO NEW MATTER 20. The averment constitutes a legal conclusion to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 21. The averment constitutes a legal conclusion to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 22. The averment constitutes a legal conclusion to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 23. The averment constitutes a legal conclusion to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $50,000.00, exclusive of interest and costs. Respectfully P.C. C Fr4ik C. Sluzis, Esquire orney for Plaintiffs rD #43829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frank dscaringilaw.com VERIFICATION I Ch"g EGG t3, verify that the statements made in the foregoing Pleadings are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DATE CHRISTINE E. BLAUCH AND : IN THE COURT OF COMMON PLEAS JEFFREY L. BLAUCH Sr., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JENNIFER L. ELLIS, Defendant : NO. 08-5091 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mary L. Snyder, law clerk for Scaringi & Scaringi, P.C., do hereby certify that the Reply to New Matter in the above-captioned action has been duly served upon Defendant Counsel, Kevin Rauch, Esq., addressed as follows: Kevin Rauch, Esq. Summers, McDonnell, Hudock, Gutherie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Date: NOUc-n 60' 12, Zoo"? M Snyder, aw Clerk ?i ?.' •c ?. i::. vt ? ?, : _.: r tv ? ?" : t ? ' ?`?, a `; ;-? ?'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CHRISTINE E. BLAUCH and JEFFREY L. BLAUCH, SR., Plaintiffs VS. JENNIFER L. ELLIS, Defendant Civil No. 08-5091 Jury Trial Demanded MOTION FOR PROTECTIVE ORDER cy T-- tV 3 C)'71 C? C3 C?..f N cr NOW COME the Plaintiffs, by and through their attorneys, to file this Motion for Protective Order, and in support thereof, avers the following: 1. On or about February 18, 2011, Plaintiffs' counsel was served with the Supplemental Discovery from Defendant attached hereto as Exhibit A. 2. Plaintiff has objected to the Discovery by response issued the same date, attached hereto at Exhibit B. 3. The attached Discovery propounded by Defendant was received by Plaintiffs' counsel within a short after counsel advised Defense Counsel that he intends to list this case for trial in the near future. 4. The attached Discovery propounded by Defendant is unrelated to any legitimate discovery purpose, and is clearly interposed for the purposes of harassment and delay. WHEREFORE, Plaintiff requests that the discovery propounded by Defendant and attached hereto at Exhibit A be stricken; and that Plaintiffs be permitted to list this case for trial as expeditiously as possible. Date: =)' //, -5 // ( f/ V Keith E. Kendall, Esq. PA Attorney ID No. 42910 Scaringi & Scaringi, P.C. Attorneys for Plaintiffs 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 (717) 657-7770 (7170 657-7797 (FAX) 2 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE E. BLAUCH and CIVIL DIVISION JEFFREY L. BLAUCH, SR., Plaintiffs, NO. 08-5091 V. JENNIFER L. ELLIS, Defendant. (Jury Trial Demanded) DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS/SUPPLEMENTAL INTERROGATORIES - SET #2 Defendant, Jennifer L. Ellis, by her attorneys, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. and Kevin D. Rauch, Esquire, requests that the above-named Plaintiffs produce the following documents and materials within thirty (30) days in accordance with the Pennsylvania Rules of Civil Procedure: 1. Prints of all photographs depicting the Plaintiff, Christine E. Blauch, at her March 3, 2007, wedding ceremony, reception, and/or while on her honeymoon. 2. Copies of all video recordings in which the Plaintiff, Christine E. Blauch, appears during her March 3, 2007, wedding ceremony, reception, and/or while on her honeymoon. 3. Please set forth the name, business address, and telephone number of any professional photographer who took photographs or video in conjunction with the March 3, 2007, wedding: Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By:_\4-11--D A-"- /,1v "? - Kevin D. Rauch, E quire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS/SUPPLEMENTAL INTERROGATORIES - SET #2 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 17th day of February, 2011. Keith E. Kendall, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: !dom. b L_' zr?_ x"_ Kevin D. Rauch, squire Counsel for Defendant rob, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CHRISTINE E. BLAUCH and JEFFREY L. BLAUCH, SR., Plaintiffs VS. JENNIFER L. ELLIS, Defendant Civil No. 08-5091 Jury Trial Demanded PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS /SUPPLEMENTAL INTERROGATORIES - SET #2 NOW COME the Plaintiffs, to respond to Defendant's Supplemental Request for Production of Documents and Interrogatories, by evenly- numbered paragraphs, as follows: 1. Objection. This request is (a) sought in bad faith; (b) would cause unreasonable annoyance, embarrassment, oppression, burden and expense to Plaintiffs; and (c) is beyond the scope of discovery as set forth in Rules 4003.1 through 4003.6. With this request, the Defendant is clearly attempting to engage in a fishing expedition. 2. Objection. This request is (a) sought in bad faith; (b) would cause unreasonable annoyance, embarrassment, oppression, burden and expense to Plaintiffs; and (c) is beyond the scope of discovery as set forth in Rules 4003.1 through 4003.6. With this request, the Defendant is clearly attempting to engage in a fishing expedition. 3. Objection. This request is (a) sought in bad faith; (b) would cause unreasonable annoyance, embarrassment, oppression, burden and expense to Plaintiffs; and (c) is beyond the scope of discovery as set forth in Rules 4003.1 through 4003.6. With this request, the Defendant is clearly attempting to engage in a fishing expedition. Date: /'0 1 Keith E. Kendall, Esq. PA Attorney ID No. 42910 Scaring, & Scaringi, P.C. Attorneys for Plaintiffs 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 (717) 657-7770 (7170 657-7797 (FAN) 2 CERTIFICATE OF SERVICE I, Keith E. Kendall, Esq., Attorney for Plaintiffs, do hereby certify that Plaintiffs' Motion for Protective Order in the above-captioned action has been duly served upon Defendant Counsel, Kevin D. Rauch, Esq., addressed as follows: Kevin Rauch, Esq. Summers, McDonnell, Hudock, Gutherie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Date: b?-- 1 Keith E. Kendall, Esq. Attorney for Plaintiffs %IL?O-OPFIOE a i C'R0Tjj%0TARY li FE8 25 AM 10? 11 'llM0 NNSYIVA' ' PE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE E. BLAUCH and CIVIL DIVISION JEFFREY L. BLAUCH, SR., Plaintiffs, NO. 08-5091 V. REPLY TO MOTION FOR PROTECTIVE ORDER JENNIFER L. ELLIS, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Matthew Ridley, Esquire Pa. I.D. #204265 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16569 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE E. BLAUCH and JEFFREY L. BLAUCH, SR., Plaintiffs, V. JENNIFER L. ELLIS, Defendant. CIVIL DIVISION NO. 08-5091 (Jury Trial Demanded) REPLY TO MOTION FOR PROTECTIVE ORDER AND NOW, comes the Defendant, Jennifer L. Ellis, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Reply to Motion for Protective Order, and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Denied as stated. On the contrary, on February 16, 2011, Plaintiffs` counsel requested Defense counsel advise whether he proposed to conduct any further discovery, and that he would otherwise like to list the case for trial. Defense counsel replied that supplemental discovery would be requested, and mailed the Request for Production of Documents/Supplemental Interrogatories at issue the next morning. 4. Denied. The Plaintiff alleges permanent physical injuries, restrictions, and symptoms due to the accident of August 28, 2006. The Request for Production of Documents at issue seeks video and/or photographs related to the Plaintiffs' March 3, 2007, wedding, and is reasonably calculated to lead to the discovery of admissible evidence as the requested materials are relevant to the veracity of the Plaintiffs alleged ongoing injuries, restrictions and complaints. Pa.R.C.P. 4003.1(a). The requested video and photographs are akin to surveillance, which is relevant in a personal injury suit. Dominick v. Hanson, 753 A.2d. 824, 826 (Pa. Super. 2000) (holding that videotaped surveillance of a plaintiff who claimed to have been injured as a result of the defendant's negligence was relevant to the subject matter of the lawsuit). WHEREFORE, for the reasons set forth above, the Defendant, Jennifer L. Ellis, respectfully requests this Honorable Court deny the Plaintiffs' Motion for Protective Order and Order the Plaintiffs to respond to the Defendant's Request for Production of Documents/Supplemental Interrogatories - Set # 2 within 30 days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Matthew Ridley, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S REPLY TO MOTION FOR PROTECTIVE ORDER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 24TH day of February, 2011. Keith E. Kendall, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By. /, Kevin D. Rauch, Esquire Matthew Ridley, Esquire Counsel for Defendant CHRISTINE E. BLAUCH and IN THE COURT OF COMMON PLEAS OF JEFFREY L. BLAUCH, SR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW JENNIFER L. ELLIS, Defendant NO. 08-5091 CIVIL TERM IN RE: MOTION FOR PROTECTIVE ORDER ORDER OF COURT AND NOW, this 24th day of February, 2011, upon consideration of Plaintiff s Motion for Protective Order, a discovery conference is scheduled for Friday, March 25, 2011, at 3:00 p.m., in chambers of the undersigned judge. BY THE COURT, Keith E. Kendall, Esq. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Attorney for Plaintiffs ? Kevin Rauch, Esq. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant :rc Ma, sled 7 eil t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CHRISTINE E. BLAUCH and JEFFREY L. BLAUCH, SR., Plaintiffs VS. JENNIFER L. ELLIS, Defendant Civil No. 08-5091 Jury Trial Demanded PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: c mco r- xy cn -o N' r?3 Kindly mark Count II of the above matter (Loss of Consortium) as discontinued and withdrawn, with prejudice. Date: Keith E. Kendall, Esq. PA Attorney ID No. 42910 Scaringi & Scaring', P.C. Attorneys for Plaintiffs 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 (717) 657-7770 (7170 657-7797 (FAQ ?%y ., CERTIFICATE OF SERVICE 1, Keith E. Kendall, Esq., Attorney for Plaintiffs, do hereby certify that Plaintiffs' Praecipe to Discontinue in the above-captioned action has been duly served upon Defendant's Counsel, Matthew Ridley, Esq., by first class U.S. mail, postage prepaid, addressed as follows: Matthey Ridley, Esq. Summers, McDonnell, Hudock, Gutherie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Date: eith E. Kend , Esq. Attorney for Plaintiffs PRAECIPE FOR LISTING CASE FOR TRIAL -4 C? - -l'I (Must be typewritten and submitted in triplicate) .. = .r'_ s ) s TO THE PROTHONOTARY OF CUMBERLAND COUNTY ra r Please list the following case: X? for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) CHRISTINE E. BLAUCH, (Plaintiff) vs. JENNIFER L. ELLIS, vs. (Defendant) (other) The trial list will be called on June 21, 2011 and Trials commence on July 18, 2011 Pretrials will be held on July 6, 2011 (Briefs are due S days before pretrials No. 5091 2008 Indicate the attorney who will try case for the party who files this praecipe: Keith E. Kendall, Esq. Term Indicate trial counsel for other parties if known: Matthew Ridley, Esq. This case is ready for trial. Date: - I/ / o ?Ct?` 0?5??13 S Signed: Print Name: Attorney for: (check one) X? Civil Action - Law ? Appeal from arbitration C 'f 702W AJT/r I'LL 1 CERTIFICATE OF SERVICE I, Keith E. Kendall, Esq., Attorney for Plaintiffs, do hereby certify that Plaintiffs' Praecipe for Listing Case for Trial in the above-captioned action has been duly served upon Defendant's Counsel, Matthew Ridley, Esq., by first class U.S. mail, postage prepaid, addressed as follows: Matthe Ridley, Esq. Summers, McDonnell, Hudock, Gutherie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Date: 1 Keith E. Kendall, Esq. Attorney for Plaintiffs OA :,,1 Cz ri ?-' W >c ray ;._; ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE E. BLAUCH and JEFFREY L. BLAUCH, SR., Plaintiffs, V. JENNIFER L. ELLIS, Defendant. CIVIL DIVISION NO. 08-5091 PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16569 J ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CHRISTINE E. BLAUCH and JEFFREY L. BLAUCH, SR., Plaintiffs VS. JENNIFER L. ELLIS, Defendant Civil No. 08-5091 Jury Trial Demanded PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST TO THE PROTHONOTARY: Kindly withdraw the above matter from the July Trial List. Date: / Date: Keith E. Kendall, Esq. PA Attorney ID No. 42910 Scaringi & Scaringi, P.C. Attorneys for Plaintiffs 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 (717) 657-7770 (7170 657-7797 (FA)q Matthew Ridley, Esq. Attorney for Defendant PA Attorney ID No. 204265 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 (717) 920-9129 (FAX) I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW CASE FROM TRIAL LIST has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this gth day of June, 2011. Keith E. Kendall, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Matthew Ridley, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTIN E. BLAUCH and CIVIL DIVISION JEFFREY . BLAUCH, SR., ? d ' Plaintiffs, --- -- NO. 08-5091 zco c - v. Zia -<n r-- -or (Jury Trial Demanded) JENNIFER L. ELLIS, `?c? Defendant. icC) y„ c x --I rl PRAECIPE TO SETTLE AND DISCONTINUE Z TO: THE PROTHONOTARY Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, SCARINGI & SCARINGI, P.C. By: Keith E. Kendall, Esquire Counsel for Plaintiff