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HomeMy WebLinkAbout08-6055Y- i ti KRAFT & KRAFT, P.C. BY: James M. DeSanto, Esquire Attorney No. 49442 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 ANDREA MALMONT & JON BAUGHMAN, H/W 3595 Eagle Drive Chambersburg, PA 17202 and Attorney for Plaintiff(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT 3595 Eagle Drive Chambersburg, PA 17202 vs. CYNTHIA EISWERT 355 Farmington Drive Shippensburg, PA 17257 No. OS -- (0055 C;v; i Term PRAECIPE TO THE CLERK OF THE SAID COURT: Kindly issue a Summons in Civil Action in the above-captioned matter. KRAFT & KRAFT, P.C. BY: James M. DeSanto, Esquire ? w V 8 ' A uD ? 'b ? A w n . ?W' y'?, " ?? b ? y V a .. ? H y ? ? ? "'? N a KRAFT & KRAFT, P.C. BY: James M. DeSanto, Esquire Attorney No. 49442 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Attorney for Plaintiff(s) ANDREA MALMONT & JON BAUGHMAN, H/W 3595 Eagle Drive Chambersburg, PA 17202 and PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT 3595 Eagle Drive Chambersburg, PA 17202 CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CYNTHIA EISWERT 355 Farmington Drive Shippensburg, PA 17257 No. 08 - SUMMONS IN CIVIL ACTION TO: CYNTHIA EISWERT 355 Farmington Drive Shippensburg, PA 17257 O'Af i I -F,., You are notified that the Plaintiff(s) has/have commenced an action against you. Date: Prothonotary hd 4.L V W V rr g w b C?:, # 00 z v L N ? N ? n N ?J b "d C,' L,,:Y 1 4:1J ?• '. C Qj q n H O V a SHERIFF'S RETURN - REGULAR CASE NO: 2008-06055 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MALMONT ANDREA ET AL VS EISWERT CYNTHIA NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WTCWWPT rVNTTWTA the DEFENDANT , at 0017:05 HOURS, on the 15th day of October , 2008 at 355 FARMINGTON DRIVE SHIPPENSBURG, PA 17257 by handing to CYNTHIA EISWERT 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 18.00 Service 20.00 Affidavit .00 Surcharge 10.00 n .00 Sworn and Subscibed to before me this of So Answers: R' 'Thomas Kline 10/16/2008 KRAFT & KRAFT By: day Deputy Sheriff A.D. LAW OFFICE OF JAMES M. DESANTO BY: James M. DeSanto Attorney No. 49442 150 N. Radnor-Chester Road, Suite A-130 Radnor, PA 19087 610-254-1751 (p) 610-971-4895 (f) ANDREA MALMONT & JON BAUGHMAN, H/W 3595 Eagle Drive Chambersburg, PA 17202 and PAIGE SUMMERS, A MINOR BY: AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT vs. CYNTHIA EISWERT 355 Farmington Drive Shippensburg, PA 17257 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 08-6055 CIVIL TERM CIVIL ACTION COMPLAINT MOTOR VEHICLE ACCIDENT "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 (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 SOULD 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 800-990-9108 717-249-3166 "AVISO" "Le ban demandado a usted en la corte. Si usted quiere defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la courte tomara medidas y puede decidir a favor dei demand ante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIICINA CUYA DIRECCION SE PUEDE CONSEGUIR ASISTENCIA LEGAL." LAW OFFICE OF JAMES M. DESANTO BY: James M. DeSanto Attorney No. 49442 150 N. Radnor-Chester Road, Suite A-130 Radnor, PA 19087 610-254-1751 (p) 610-971-4895 (f) ANDREA MALMONT & JON BAUGHMAN, H/W 3595 Eagle Drive Chambersburg, PA 17202 and PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT vs. CYNTHIA EISWERT 355 Farmington Drive Shippensburg, PA 17257 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 08-6055 CIVIL TERM COMPLAINT 1. Plaintiffs, Andrea Malmont and John Baughman, are husband and wife residing at 3595 Eagle Drive, Chambersburg, PA. 2. Minor Plaintiff, Paige Summers, resides with her parent and natural guardian, Plaintiff, Andrea Malmont at 3595 Eagle Drive, Chambersburg, PA. 3. Defendant, Cynthia Eiswert, is an adult individual who, at all times material hereto, resided at the above address. 4. On or about October 28, 2006, at approximately 9:00 a.m., Plaintiff, Andrea Malmont, was operating her vehicle in a northerly direction on Main Street, at or near its intersection with Byers Road, both of which are public highways in Scotland, Franklin County, Pennsylvania. 5. At the aforesaid time and place, defendant, Cynthia Eiswert, was operating her motor vehicle in a westerly direction on Byers Road and so negligently and carelessly operated her motor vehicle so as to disregard a posted stop sign, causing her vehicle to crash violently into plaintiff's vehicle causing serious and permanent injuries and other losses more fully set forth hereinafter. 6. At all times material hereto, minor plaintiff, Paige Summers, was a passenger in the motor vehicle operated by plaintiff, Andrea Malmont. 7. The negligence and carelessness of the Defendant consisted of the following: a. Operating her motor vehicle at a high and excessive rate of speed under the circumstances; b. Failing to have her motor vehicle under proper and adequate control at the time of the collision; C. Careless and negligent operation of a motor vehicle; d. Failing to exercise due care and caution under the circumstances; e. Failing to keep a proper look out for traffic ahead in violation of the Pennsylvania Motor Vehicle Code; f. Operating her vehicle in a careless and negligent manner without due regard for the rights, safety and position of those lawfully upon the highway, one of whom was the Plaintiff, g. Failing to give proper and sufficient warning of the approach and/or position of said vehicle; h. Operating said vehicle in violation of the applicable local ordinances and the statutes of the Commonwealth of Pennsylvania; i. Disregarding a traffic signal; Violations of the pertinent provisions of the Pennsylvania Vehicle Code, specifically sections 3323, 3361, 3111 and 3714; k. Failing to allow for an assured clear distance between her vehicle and the vehicle occupied by Plaintiff, which distance would have allowed her to stop her vehicle without colliding with the vehicle occupied by the Plaintiff, 1. Failed to maintain her vehicle in a safe and proper mechanical and operating condition; COUNTI ANDREA MALMONT VS. CYNTHIA EISWERT 8. By reason of the negligence and carelessness of the Defendant as hereinbefore alleged, Plaintiff suffered severe and permanent injuries to his bones, muscles, tendons, ligaments, discs, nerves, head, neck, shoulders, arms, elbows, back, chest, stomach, legs, knees and body including but not limited to: head, neck, back, chest and extremities. Plaintiff suffered internal injuries of an unknown nature. She suffered severe and permanent aches, pains, mental anxiety and anguish, severe shock to her entire nervous system and other injuries and/or aggravation of pre-existing injuries, the full extent of which is not yet known. She has in the past and will in the future undergo severe pain and suffering as a result of which she has in the past and will in the future be unable to attend to her usual activities. The plaintiff believes and therefore avers that her injuries are serious and permanent in nature. 9. As a further result of this accident, Plaintiff has suffered severe and permanent physical pain, mental anguish and humiliation and may continue to suffer same for an indefinite time in the future, all to her great detriment and loss. 10. As a result of the within action, Plaintiff has incurred and will in the future incur expenses in the treatment of her injuries. 11. As a result of the negligence of the Defendant as hereinbefore alleged, Plaintiff has sustained a loss of earnings and earning capacity in the past and will sustain such losses in the future, to her great financial loss and detriment. 12. As a result of the negligence of the Defendant as hereinbefore alleged, Plaintiff has been obliged to spend large sums of money for medicine, medical care, and attention in an effort to cure her aforesaid injuries and may be obliged to spend additional sums of them for the same purposes in the future, to her great financial loss and detriment. 13. As a direct and reasonable result of the accident aforementioned, Plaintiff has or may hereinafter incur other financial expenses or losses which do or may exceed amounts to which she may otherwise be entitled to recover pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 pa. C.S.A. Section 1711 et seq. 14. Plaintiff, Andrea Malmont, is entitled to full tort rights as set forth in the Amended Motor Vehicle Financial Responsibility Act. 15. Plaintiff, Andrea Malmont, has received injuries which have resulted in a permanent serious disfigurement and/or a serious impairment of body functions. 16. This accident was caused solely by the carelessness and negligence of the Defendant and was due in no manner whatsoever to any act or failure to act of the part of the Plaintiff. WHEREFORE, Plaintiff, Andrea Malmont, demands judgment against the defendant, Cynthia Eiswert, in a sum not in excess of fifty thousand dollars ($50,000.00), plus cots, interests and damages for delay. COUNT II PLAINTIFF, JON BAUGHMAN VS. CYNTHIA EISWERT 17. Paragraphs 1 through 16, inclusive, are incorporated herein as though the same were set forth here at length. 18. Plaintiff, Jon Baughman, avers that he is the spouse of the Plaintiff, Andrea Malmont. 19. As a result of this accident Plaintiff, Jon Baughman, has been deprived of the society, comfort, companionship and services of Plaintiff, Andrea Malmont, and such deprivation may continue in the future, all of which has been and will continue to be to his great financial detriment and loss. WHEREFORE, Plaintiff, Jon Baughman, demands judgment against the Defendant, Cynthia Eiswert, in a sum not in excess of fifty thousand dollars ($50,000.00), plus costs, interests and damages for delay. COUNT III PAIGE SUMMERS, A MINOR, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, VS. CYNTHIA EISWERT 20. Paragraphs 1 through 7, inclusive, are incorporated herein as though the same were set forth here at length. 21. By reason of the negligence and carelessness of the Defendant as hereinbefore alleged, minor Plaintiff suffered severe and permanent injuries to her bones, muscles, tendons, ligaments, discs, nerves, head, neck, shoulders, arms, elbows, back, chest, stomach, legs, knees and body including but not limited to: head, neck, back, chest and extremities. Plaintiff suffered internal injuries of an unknown nature. She suffered severe and permanent aches, pains, mental anxiety and anguish, severe shock to her entire nervous system and other injuries and/or aggravation of pre-existing injuries, the full extent of which is not yet known. She has in the past and will in the future undergo severe pain and suffering as a result of which she has in the past and will in he future be unable to attend to his usual activities. The plaintiff believes and therefore avers that her injuries are serious and permanent in nature. 22. As a further result of this accident, Plaintiff has suffered severe and permanent physical pain, mental anguish and humiliation and may continue to suffer same for an indefinite time in the future, all to her great detriment and loss. 23. As a result of the within action, Plaintiff has incurred and will in the future incur expenses in the treatment of her injuries. 24. As a result of the negligence of the Defendant as hereinbefore alleged, Plaintiff has sustained a loss of earnings and earning capacity in the past and will sustain such losses in the future, to her great financial loss and detriment. 25. As a result of the negligence of the Defendant as hereinbefore alleged, Plaintiff has been obliged to spend large sums of money for medicine, medical care, and attention in an effort to cure her aforesaid injuries and may be obliged to spend additional sums of them for the same purposes in the future, to her great financial loss and detriment. 26. As a direct and reasonable result of the accident aforementioned, Plaintiff has or may hereinafter incur other financial expenses or losses which do or may exceed amounts to which she may otherwise be entitled to recover pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 pa. C.S.A. Section 1711 et seq. 27. Plaintiff, Paige Summers, is entitled to full tort rights as set forth in the Amended Motor Vehicle Financial Responsibility Act. 28. Plaintiff, Paige Summers, has received injuries which have resulted in a permanent serious disfigurement and/or a serious impairment of body functions. 29. This accident was caused solely by the carelessness and negligence of the Defendant and was due in no manner whatsoever to any act or failure to act of the part of the Plaintiff. WHEREFORE, minor Plaintiff, Paige Summers, demands judgment against the Defendant, Cynthia Eiswert, in a sum not in excess of fifty thousand dollars ($50,000.00), plus costs, interests and damages for delay. DATE: BY: Attorney for Plaintiff(s) VERIFICATION The undersigned hereby certifies that she is the Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa C.S. Section relating to unsworn falsification to authorities. Date n ? i3Io9 A Andrea Malmont VERIFICATION The undersigned hereby certifies that he is the Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa C.S. Section relating to unsworn falsification to authorities. I'll3lo Date ')2n!? Jon Baughman OF Tif NO M NOV 17 AN 9: 31 c?+Mnr 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Cynthia Eiswert. The Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, Date: December 4. 2009 LA FICE YF R & DORER By: Donald R. Dorer, Esquire Attorney for Defendant, Cynthia Eiswert Court I.D. No. 39126 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of ADDearance to be served by regular first class mail upon: James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Attorney for Plaintiffs i Date: December 4. 2009 Donald R. Dorer, Esquire Attorney for Defendant RM-Q?FICE OF THE PROTHONOTAAY 2009 DEC -8 AM 8' 10 CUM?'? ? «.v ?)?ur?TY PENNSYLVANIA 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Elswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - Law JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH WEW MATTER 1. Admitted in part, denied in part. It is admitted only that Plaintiffs, Andrea Malmont and Jon Baughman, are adult individuals residing at the listed address. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. § 1029(e). 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted only that Defendant, Cynthia Eiswert, was operating her motor vehicle in a westerly direction on Byers Road. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 6. Admitted. 7. The allegations in paragraph 7, including subparagraphs 7(a) through 7(I) of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Cynthia Eiswert, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNTI ANDREA MALMONT VS. CYNTHIA EISWERT 8. The allegations in paragraph 8 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). 9.-16. Paragraphs 9 through 16 of Plaintiffs' Complaint are. generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Cynthia Eiswert, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNT II PLAINTIFF. JON BAUGHMAN VS. CYNTHIA EISWERT 17. Paragraphs 1 through 16 are incorporated herein by reference, and made a part hereof as if set forth in full. 2 18. Paragraphs 18 and 19 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Cynthia Eiswert, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNT III PAIGE SUMMERS, A MINOR, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT VS. CYNTHIA EISWERT 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21.-29. Paragraphs 21 through 29 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Cynthia Eiswert, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 30. Paragraphs 1 through 29 are incorporated herein by reference, and made a part hereof as if set forth in full. 31. The Plaintiffs' claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. §1705. 3 32. The Plaintiffs' claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Cynthia Eiswert, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Respectfully submitted, FFICE OF Date: December 29, 2009 DWald R. Dorer, Esqui Attorney for Defendant, Court I.D. No. 39126 R & DORER re Cynthia Sswert 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Cynthia Eiswert verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. ' Dated:11-ga-0i 0. .A ALLA ?Ie"W Cy thia Eiswert 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Attorney for Plaintiffs Date: December 29, 2009 r Donald R. Dorer, Esquire r tr :, ? pp ryi? OF THE I PC +?? ?i.. 2DO9 DEC 30 Ph 1 RLED D:F TH p ; rfi r,fi,;GTARY LAW OFFICE OF JAMES M. DESANTO BY: James M. DeSanto Attorney No. 49442 150 N. Radnor-Chester Road, Suite A-130 Radnor, PA 19087 610-254-1751 (p) 610-971-4895 (f) ANDREA MALMONT & JON BAUGHMAN, H/W 3595 Eagle Drive Chambersburg, PA 17202 and PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT 2010 FEB I I AM 8: 45 FvPE . . _!JUNTY l COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. CYNTHIA EISWERT 355 Farmington Drive Shippensburg, PA 17257 NO. 08-6055 CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT 30.-32. The averments contained in these paragraphs contain conclusions of law to which no response is required. To the extent that the averments in these paragraphs are factual averments, after reasonable investigation, Plaintiff is without knowledge sufficient to form a belief as to the truth or falsity of said averments and they are therefore denied with strict proof thereof demanded at the time of trial. Dated: Z( Z I 10 4 BY: J mes M. DeSanto, Esq. Attorney for Plaintiff x VERIFICATION James M. DeSanto, Esquire, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the forgoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Z' Z I IID -.1 4 L--, ??e M. DeSanto, Esquire 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert C'J --1 ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS VS. CYNTHIA EISWERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW, comes the Defendant, Cynthia Eiswert, by and through her counsel, Donald R. Dorer, Esquire, Law Office of Snyder & Dorer, Camp Hill, Pennsylvania who respectfully states as follows: 1. This lawsuit arises out of a motor vehicle accident occurring on October 28, 2006 at the intersection of Main Street and Byers Road in Scotland, Franklin County, Pennsylvania. 2. The present action was commenced by the filing of a Writ of Summons on or about October 9, 2008, with Plaintiffs' Complaint being filed on November 17, 2009. 3. An Entry of Appearance was filed by counsel for the Defendant on or about December 8, 2009, with Answer to Complaint with New Matter being filed on December 30, 2009. 4. By letter dated December 4, 2009, the Defendant served Defendant's Interrogatories Addressed to Plaintiff, Andrea Malmont, Defendant's Interrogatories Addressed to Plaintiff, Jon Baughman and Defendant's Interrogatories Addressed to Plaintiff, Paige Summers, a Minor, by and through her Parent and Natural Guardian, Andrea Malmont upon counsel for the Plaintiffs. The letter dated December 4, 2009, together with the aforementioned enclosed discovery requests are collectively attached hereto as Exhibit "A" and incorporated by reference as if more fully set forth herein. 5. By same letter of December 4, 2009, Defendant sent Request for Production of Documents upon Plaintiffs' counsel. Defendant notes that the Plaintiffs are substantially in compliance with these requests, and such requests are not part of the within motion. 6. However, by letter dated May 12, 2010 directed to counsel for Plaintiffs, counsel for Defendant notified Plaintiffs' counsel that he had failed to provide a response to the Defendant's Interrogatories previously attached hereto as Exhibit "A", and noted that an appropriate Motion to Compel may be filed with the Court if responses thereto were not transmitted within fifteen (15) days thereof. This letter is attached hereto as Exhibit "B" and incorporated by reference as if more fully set forth herein. The Defendant requests that this notification be deemed substantial compliance with Local Rule 208.2(d) 7. To date, defense counsel has received no response to the requested discovery. 8. It has now been over eight (8) months since the Plaintiffs received Defendant's Interrogatories. 9. Pursuant to the Pennsylvania Rules of Civil Procedure, the Plaintiffs' answers to Interrogatories are overdue. 10. By letter dated May 12, 2010, counsel for Defendant notified counsel for the Plaintiffs of his intention to file a Motion to Compel with the Court. The letter dated May 12, 2010 is attached hereto as Exhibit "B". No objection was received by counsel for the Plaintiffs. 11. It is respectfully requested that your Honorable Court issue an Order directing the Plaintiffs to file answers to Defendant's Interrogatories or imposing appropriate sanctions against the Plaintiffs. WHEREFORE, Defendant respectfully requests that your Honorable Court issue an Order directing Plaintiffs to file answers to Defendant's Interrogatories or imposing appropriate sanctions against the Plaintiffs. Date: Auaust 16. 2010 By: 3 Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 Respectfully submitted, ?? LAW OFFICE OF LAW OFFICE OF JILL R. SNYDER Bethlehem. PA 18017 SNYDER & DORER Employees of Nationwide Mutual Insurance CompanyO Not a Partnership SNYDER & ANDREWS Wexford. PA 15090 SNYDER & BARRETT Philadelphia. PA 19103 SNYDER & VERBEKE CONSHOHOCKEN, PA 19423 214 SENATE AVENUE, SUITE 600 CA11IP HELL, PENNSYLVANIA 17011 (717) 731-0988 (FAX) (717) 731-0987 SNYDER & ASSOCIATES Plains, PA 18705 SNYDER & SHAFFER DOYLESTOWN, PA 189111 REPLY TO, CANIP HELL DONALD R. DORER JOANNE E. KINZEL Refer to: 09-020676 James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 December 4, 2009 PARALEGAM CINDY M. BOOK LISA S. KEYTON Re: Andrea Malmont & Jon Baughman, H/W and Paige Summers, a Minor by and through her Parent and Natural Guardian, Andrea Malmont v. Cynthia Eiswert Cumberland County: No. 08-6055 Dear Mr. DeSanto, Please be advised that I will be representing the Defendant, Cynthia Eiswert, in the above- captioned matter. I enclose a copy of my Entry of Appearance which I have filed with the Court by mail this date. Additionally, I enclose the following documents: • Defendant's Interrogatories Addressed to Plaintiff, Andrea Malmont; • Defendant's Interrogatories Addressed to Plaintiff, Jon Baughman; • Defendant's Interrogatories Addressed to Plaintiff, Paige Summers, a Minor, by and through her Parent and Natural Guardian, Andrea Malmont; and • Defendant's Request for Production of Documents Addressed to Plaintiffs. Kindly provide responses to these discovery requests pursuant to the applicable Rules of Civil Procedure. Page 2 09-020676 James M. DeSanto. Esquire December 4. 2009 Your attention to this matter is most appreciated. DRD:lsk Enclosures 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 vs. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES ADDRESSED TO PLAINTIFF, ANDREA MALMONT ADDRESSED TO: Plaintiff, Andrea Malmont c% James M. DeSanto, Esquire 150 North Radnor-Chester Suite 1-130 Radnor, PA 19087 Attorney for Plaintiffs The Defendant propounds the following Interrogatories to be answered under oath pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff(s) within thirty (30) days after service. The foregoing Interrogatories are to be regarded as continuing and you are requested to provide, by way of supplementary answers thereto, such additional information as may hereafter be obtained by you, or any person on your behalf, which will augment or otherwise modify any answers now given to the foregoing Interrogatories pursuant to Pa. R.C.P. 4007.4. Such supplemental responses are to be served upon the Defendant seasonably after receipt of such information. 1. PERSONAL INFORMATION: PLEASE PROVIDE THE FOLLOWING INFORMATION FOR EACH PLAINTIFF INVOLVED IN THIS ACTION: (A) FULL NAME AND ANY PRIOR NAMES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (B) CURRENT ADDRESS AND ANY PRIOR ADDRESSES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (C) DATE OF BIRTH. (D) SOCIAL SECURITY NUMBER. 2. CURRENT EMPLOYMENT: FOR EACH PLAINTIFF PLEASE STATE: (A) CURRENT PLACE OF EMPLOYMENT, POSITION AND LENGTH OF CURRENT EMPLOYMENT; AND (B) THE PLACE OF EMPLOYMENT AND POSITION AT THE TIME OF THE INCIDENT, IF DIFFERENT. 3. INJURIES: DESCRIBE SEPARATELY EACH INJURY EACH PLAINTIFF SUSTAINED IN THE INCIDENT AND THE APPROXIMATE DATE ON WHICH EACH PLAINTIFF RECOVERED FROM EACH SUCH INJURY. 4. HEALTHCARE PROVIDERS: IDENTIFY EACH HEALTH CARE PROVIDER WHO HAS EXAMINED, TREATED OR RENDERED SERVICES TO EACH PLAINTIFF BECAUSE OF THIS INCIDENT, INCLUDING THE DATES OF SUCH SERVICES AND THE CHARGES FOR SAME. 5. MEDICAL EXPENSES AND INSURANCE PAYMENTS: STATE THE TOTAL AMOUNT OF MEDICAL EXPENSES INCURRED BY EACH PLAINTIFF THAT RELATES TO THIS INCIDENT, THE AMOUNT COMPENSATED BY FIRST PARTY BENEFITS, THE AMOUNT, IF ANY, SUBJECT TO A LIEN OF ANY SORT, THE IDENTITY (INCLUDING THE NAME, ADDRESS, AND POLICY NUMBER) OF ANY LIENHOLDER, AND THE AMOUNT CLAIMED TO BE RECOVERABLE AT TRIAL. 6. TERMINATION OF MEDICAL SERVICES: WHEN AND BY WHOM WAS EACH PLAINTIFF LAST EXAMINED OR GIVEN MEDICAL ATTENTION FOR THE INJURIES RECEIVED IN THIS INCIDENT? 7. CONTINUATION OF MEDICAL SERVICES: IF THE PLAINTIFF IS STILL BEING TREATED FOR THE INJURIES RECEIVED IN THIS INCIDENT, IDENTIFY BY WHOM AND STATE HOW FREQUENTLY SUCH TREATMENTS ARE BEING GIVEN NOW, THE NATURE OF THE TREATMENT BEING ADMINISTERED, AND THE EXTENT TO WHICH TREATMENT WILL BE REQUIRED IN THE FUTURE. 8. PRIOR CONDITIONS: EXPLAIN ALL PRIOR HEALTH PROBLEMS OR INJURIES AND IDENTIFY THE HEALTH CARE PROVIDERS WHO TREATED EACH PLAINTIFF FOR THOSE INJURIES IN THE LAST SIX (6) YEARS. 9. FAMILY PHYSICIAN: PLEASE STATE THE NAME AND ADDRESS OF YOUR FAMILY PHYSICIAN FOR THE LAST FIVE (S) YEARS. 10. PRIOR OR SUBSEQUENT ACCIDENTS: IF BEFORE OR AFTER THE INCIDENT WHICH IS THE SUBJECT OF THIS LAWSUIT, ANY PLAINTIFF WAS INVOLVED IN ANY OTHER INCIDENT INVOLVING INJURIES TO ANY PART OF THE BODY, PLEASE STATE THE TYPE OF INCIDENT INVOLVED AND THE HEALTH CARE PROVIDERS WHO RENDERED TREATMENT FOR THOSE INJURIES. 11. DISABILITY: DOES ANY PLAINTIFF CONTEND THAT HE OR SHE HAS BEEN PERMANENTLY INJURED AS A RESULT OF THIS INCIDENT? IF SO, PLEASE DESCRIBE THE EXACT NATURE OF THE ALLEGED INJURY AND THE IDENTITY OF ANY HEALTH CARE PROVIDER WHO HAS INFORMED ANY PLAINTIFF THAT THE INJURY IS PERMANENT. 12. LOSS OF EARNINGS: IS ANY PLAINTIFF MAKING A CLAIM FOR LOSS OF EARNINGS OR IMPAIRMENT OF EARNING CAPACITY BECAUSE OF THIS INCIDENT? IF SO, THEN PLEASE PROVIDE THE FOLLOWING INFORMATION OF EACH: (A) EACH EMPLOYER, JOB TITLE AND DESCRIPTION OF DUTIES AS WELL AS MONTHLY OR WEEKLY RATE OF PAY AT THE TIME OF THIS INCIDENT; (B) THE INCLUSIVE DATES DURING WHICH ANY PLAINTIFF ALLEGES HE OR SHE WAS UNABLE TO WORK AS A RESULT OF THIS INCIDENT AND THE TOTAL AMOUNT OF EARNINGS AND PLAINTIFF LOST BECAUSE OF THIS ABSENCE; (C) THE SOURCE AND AMOUNT OF ANY WAGES OR SALARY RECEIVED SINCE THIS INCIDENT; AND (D) THE DATE ON WHICH ANY PLAINTIFF FIRST RETURNED TO WORK FOLLOWING THE INCIDENT AND EACH EMPLOYER FOR WHOM ANY PLAINTIFF HAS WORKED SINCE THE INCIDENT WITH INCLUSIVE DATES OF EMPLOYMENT, EACH JOB TITLE ANY PLAINTIFF HAS HELD AND EACH MONTHLY OR WEEKLY RATE OF PAY WHICH ANY PLAINTIFF HAS RECEIVED FROM THE DATE OF STARTING WORK AGAIN AFTER THIS INCIDENT UNTIL THE PRESENT TIME. 13. IMPAIRED EARNING CAPACITY: IS ANY PLAINTIFF MAKING A CLAIM FOR IMPAIRED EARNING CAPACITY BECAUSE OF THIS INCIDENT? IF YES, PLEASE STATE THE ACTUAL VALUE OF ANY PLAINTIFFS IMPAIRED EARNING CAPACITY, SETTING OUT THE MANNER IN WHICH SAID VALUE WAS CALCULATED, AND BY WHOM. 14. STATEMENTS: HAS ANY PLAINTIFF OR ANYONE ACTING ON ANY PLAINTIFFS BEHALF OBTAINED ANY STATEMENTS, REPORTS, MEMORANDUM OR TESTIMONY IN ANY FORM FROM ANY PERSON RELATING TO THIS INCIDENT. IF SO, PLEASE IDENTIFY FROM WHOM THE STATEMENT WAS TAKEN, THE DATE OF THE STATEMENT AND PROVIDE A COPY IN ANSWER TO THIS INTERROGATORY. 15. WITNESSES: IDENTIFY ANY WITNESS WHO HAS ANY KNOWLEDGE OF OR INFORMATION AS TO THE FACTS PERTAINING TO THIS INCIDENT. ALSO PROVIDE A SUMMARY OF THE INFORMATION WHICH EACH WITNESS HAS CONCERNING THIS INCIDENT. 16. EXPERT WITNESSES: IDENTIFY ALL EXPERTS WHO ANY PLAINTIFF EXPECTS TO CALL AT THE TRIAL OF THIS CASE, AND PURSUANT TO PA R.C.P. 4W3.5(A)(1)(B), STATE THE SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH ANY PLAINTIFF'S EXPERT WILL TESTIFY AND THE SUMMARY OF THE GROUNDS FOR EACH OPINION. THE FACTS, OPINIONS AND GROUNDS OF THE EXPERT MAY BE CONTAINED IN AN EXPERT REPORT WHICH MAY BE ATTACHED. SUCH REPORT OR ANSWER TO THIS INTERROGATORY SHOULD BE SIGNED BY ANY PLAINTIFF'S EXPERT. 17. PHOTOGRAPHS, DOCUMENTS AND THINGS: IF ANY PLAINTIFF, OR ANYONE ACTING ON ANY PLAINTIFFS BEHALF, HAS OR KNOWS OF ANY PHOTOGRAPHS, DIAGRAMS, MEASUREMENTS, SURVEYS OR OTHER DESCRIPTIONS REGARDING OR RELATING IN ANY WAY TO THIS INCIDENT, PLEASE IDENTIFY THOSE ITEMS. IN LIEU OF ANSWERING THE FOREGOING INTERROGATORY, COPIES OF ANY SUCH ITEMS MAY BE PROVIDED AS ATTACHMENT TO THESE ANSWERS. 18. RELATED LAWSUITS: PLEASE IDENTIFY BY CAPTION, DOCKET NUMBER AND COURT ANY OTHER LAWSUITS ARISING FROM THIS INCIDENT OR RELATING TO THE INJURIES CLAIMED BY THE PLAINTIFF IN THIS SUIT, OR IN WHICH ANY PLAINTIFF HAS BEEN INVOLVED. 10 19. PLEASE IDENTIFY ANY OTHER CLAIMS FILED OR DEMANDS MADE BY ANY PLAINTIFF AGAINST ANYONE OTHER THAN DEFENDANTS IN THIS ACTION FOR ANY DAMAGES OR INJURIES ARISING OUT OF OR RELATED TO THIS INCIDENT. 20. PRIOR CONVICTIONS: HAVE YOU BEEN CONVICTED OR PLED GUILTY TO ANY CRIME WITHIN THE PAST TEN (10) YEARS. IF SO, PLEASE STATE FOR EACH CONVICTION OR PLEA, THE OFFENSE CHARGED, THE COURT CAPTION AND DOCKET, AND THE DISPOSITION AND SENTENCE. 21. LIENS: WOULD ANY SETTLEMENT OR VERDICT SECURED BY YOU IN THIS MATTER BE SUBJECT TO ANY FEDERAL LIEN, STATE LIEN, FELA LIEN, WORKMEN'S COMPENSATION LIEN, OR ANY SIMILAR OR OTHER LIEN? IF SO, IDENTIFY THE HOLDER OF THE LIEN, THE AMOUNT OF THE LIEN, THE COSTS OF EXPENSES COVERED BY THE LIEN, AND THE CIRCUMSTANCE UNDER WHICH YOU ARE OR MIGHT BE OBLIGATED TO SATISFY THE LIEN. 22. VEHICLE INFORMATION: WITH RESPECT TO ANY POLICY OF MOTOR VEHICLE INSURANCE OF WHICH YOU WERE EITHER A NAMED INSURED OR INSURED AS OF THE DATE OF THE ACCIDENT REFERRED TO IN THE PLAINTIFFS' COMPLAINT, STATE: (A) THE NAME AND ADDRESS OF THE INSURANCE COMPANY ISSUING THE POLICY; (B) THE POLICY NUMBER: (C) EFFECTIVE DATES OF THE POLICY PERIOD; (D) YOUR TORT SELECTION PURSUANT TO 75 PA.C.S.A. § 1705; 12 (E) WHETHER YOU WERE A NAMED INSURED OR INSURED UNDER THE POLICY; FOR EACH REGISTERED VEHICLE THAT YOU OWNED AT THE TIME OF THE ACCIDENT, STATE: (A) THE YEAR, MAKE AND LICENSE PLATE NUMBER(S) OF ALL SUCH VEHICLES; (B) WHETHER SUCH VEHICLE(S) WERE INSURED; AND (C) THE NAME, ADDRESS AND POLICY NUMBER OF THE COMPANY INSURING ALL SUCH VEHICLE(S). Date: December 4. 2009 Donald R. Dorer, Esquire Attomey for Defendant, Cynthia Eiswert Court I.D. No. 39126 13 Respectfully submitted, 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Elswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Interrogatories Addressed to Plaintiff Andrea Malmont to be served by regular first class mail upon: James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Attorney for Plaintiffs Date: December 4. 2009 Donald R. Dorer, Esquire Attorney for Defendant 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS NO. 08-6055 vs. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES ADDRESSED TO PLAINTIFF, JON BAUGHMAN ADDRESSED TO: Plaintiff, Jon Baughman clo James M. DeSanto, Esquire 150 North Radnor-Chester Suite A-130 Radnor, PA 19087 Attorney for Plaintiffs The Defendant propounds the following Interrogatories to be answered under oath pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff(s) within thirty (30) days after service. The foregoing Interrogatories are to be regarded as continuing and you are requested to provide, by way of supplementary answers thereto, such additional information as may hereafter be obtained by you, or any person on your behalf, which will augment or otherwise modify any answers now given to the foregoing Interrogatories pursuant to Pa. R.C.P. 4007.4. Such supplemental responses are to be served upon the Defendant seasonably after receipt of such information. 1. PERSONAL INFORMATION: PLEASE PROVIDE THE FOLLOWING INFORMATION FOR EACH PLAINTIFF INVOLVED IN THIS ACTION: (A) FULL NAME AND ANY PRIOR NAMES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (B) CURRENT ADDRESS AND ANY PRIOR ADDRESSES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (C) DATE OF BIRTH. (D) SOCIAL SECURITY NUMBER. 2. CURRENT EMPLOYMENT: FOR EACH PLAINTIFF PLEASE STATE: (A) CURRENT PLACE OF EMPLOYMENT, POSITION AND LENGTH OF CURRENT EMPLOYMENT; AND (B) THE PLACE OF EMPLOYMENT AND POSITION AT THE TIME OF THE INCIDENT, IF DIFFERENT. 3. INJURIES: DESCRIBE SEPARATELY EACH INJURY EACH PLAINTIFF SUSTAINED IN THE INCIDENT AND THE APPROXIMATE DATE ON WHICH EACH PLAINTIFF RECOVERED FROM EACH SUCH INJURY. 4. HEALTHCARE PROVIDERS: IDENTIFY EACH HEALTH CARE PROVIDER WHO HAS EXAMINED, TREATED OR RENDERED SERVICES TO EACH PLAINTIFF BECAUSE OF THIS INCIDENT, INCLUDING THE DATES OF SUCH SERVICES AND THE CHARGES FOR SAME. 5. MEDICAL EXPENSES AND INSURANCE PAYMENTS: STATE THE TOTAL AMOUNT OF MEDICAL EXPENSES INCURRED BY EACH PLAINTIFF THAT RELATES TO THIS INCIDENT, THE AMOUNT COMPENSATED BY FIRST PARTY BENEFITS, THE AMOUNT, IF ANY, SUBJECT TO A LIEN OF ANY SORT, THE IDENTITY (INCLUDING THE NAME, ADDRESS, AND POLICY NUMBER) OF ANY LIENHOLDER, AND THE AMOUNT CLAIMED TO BE RECOVERABLE AT TRIAL. 6. TERMINATION OF MEDICAL SERVICES: WHEN AND BY WHOM WAS EACH PLAINTIFF LAST EXAMINED OR GIVEN MEDICAL ATTENTION FOR THE INJURIES RECEIVED IN THIS INCIDENT? 7. CONTINUATION OF MEDICAL SERVICES: IF THE PLAINTIFF IS STILL BEING TREATED FOR THE INJURIES RECEIVED IN THIS INCIDENT, IDENTIFY BY WHOM AND STATE HOW FREQUENTLY SUCH TREATMENTS ARE BEING GIVEN NOW, THE NATURE OF THE TREATMENT BEING ADMINISTERED, AND THE EXTENT TO WHICH TREATMENT WILL BE REQUIRED IN THE FUTURE. 8. PRIOR CONDITIONS: EXPLAIN ALL PRIOR HEALTH PROBLEMS OR INJURIES AND IDENTIFY THE HEALTH CARE PROVIDERS WHO TREATED EACH PLAINTIFF FOR THOSE INJURIES IN THE LAST SIX (6) YEARS. 9. FAMILY PHYSICIAN: PLEASE STATE THE NAME AND ADDRESS OF YOUR FAMILY PHYSICIAN FOR THE LAST FIVE (S) YEARS. 10. PRIOR OR SUBSEQUENT ACCIDENTS: IF BEFORE OR AFTER THE INCIDENT WHICH IS THE SUBJECT OF THIS LAWSUIT, ANY PLAINTIFF WAS INVOLVED IN ANY OTHER INCIDENT INVOLVING INJURIES TO ANY PART OF THE BODY, PLEASE STATE THE TYPE OF INCIDENT INVOLVED AND THE HEALTH CARE PROVIDERS WHO RENDERED TREATMENT FOR THOSE INJURIES. 11. DISABILITY: DOES ANY PLAINTIFF CONTEND THAT HE OR SHE HAS BEEN PERMANENTLY INJURED AS A RESULT OF THIS INCIDENT? IF SO, PLEASE DESCRIBE THE EXACT NATURE OF THE ALLEGED INJURY AND THE IDENTITY OF ANY HEALTH CARE PROVIDER WHO HAS INFORMED ANY PLAINTIFF THAT THE INJURY IS PERMANENT. 12. LOSS OF EARNINGS: IS ANY PLAINTIFF MAKING A CLAIM FOR LOSS OF EARNINGS OR IMPAIRMENT OF EARNING CAPACITY BECAUSE OF THIS INCIDENT? IF SO, THEN PLEASE PROVIDE THE ,-FOLLOWING INFORMATION OF EACH: (A) EACH EMPLOYER, JOB TITLE AND DESCRIPTION OF DUTIES AS WELL AS MONTHLY OR WEEKLY RATE OF PAY AT THE TIME OF THIS INCIDENT; (B) THE INCLUSIVE DATES DURING WHICH ANY PLAINTIFF ALLEGES HE OR SHE WAS UNABLE TO WORK AS A RESULT OF THIS INCIDENT AND THE TOTAL AMOUNT OF EARNINGS AND PLAINTIFF LOST BECAUSE OF THIS ABSENCE; (C) THE SOURCE AND AMOUNT OF ANY WAGES OR SALARY RECEIVED SINCE THIS INCIDENT; AND (D) THE DATE ON WHICH ANY PLAINTIFF FIRST RETURNED TO WORK FOLLOWING THE INCIDENT AND EACH EMPLOYER FOR WHOM ANY PLAINTIFF HAS WORKED SINCE THE INCIDENT WITH INCLUSIVE DATES OF EMPLOYMENT, EACH JOB TITLE ANY PLAINTIFF HAS HELD AND EACH MONTHLY OR WEEKLY RATE OF PAY WHICH ANY PLAINTIFF HAS RECEIVED FROM THE DATE OF STARTING WORK AGAIN AFTER THIS INCIDENT UNTIL THE PRESENT TIME. 13. IMPAIRED EARNING CAPACITY: IS ANY PLAINTIFF MAKING A CLAIM FOR IMPAIRED EARNING CAPACITY BECAUSE OF THIS INCIDENT? IF YES, PLEASE STATE THE ACTUAL VALUE OF ANY PLAINTIFFS IMPAIRED EARNING CAPACITY, SETTING OUT THE MANNER IN WHICH SAID VALUE WAS CALCULATED, AND BY WHOM. 14. STATEMENTS: HAS ANY PLAINTIFF OR ANYONE ACTING ON ANY PLAINTIFFS BEHALF OBTAINED ANY STATEMENTS, REPORTS, MEMORANDUM OR TESTIMONY IN ANY FORM FROM ANY PERSON RELATING TO THIS INCIDENT. IF SO, PLEASE IDENTIFY FROM WHOM THE STATEMENT WAS TAKEN, THE DATE OF THE STATEMENT AND PROVIDE A COPY IN ANSWER TO THIS INTERROGATORY. 15. WITNESSES: IDENTIFY ANY WITNESS WHO HAS ANY KNOWLEDGE OF OR INFORMATION AS TO THE FACTS PERTAINING TO THIS INCIDENT. ALSO PROVIDE A SUMMARY OF THE INFORMATION WHICH EACH WITNESS HAS CONCERNING THIS INCIDENT. 16. EXPERT WITNESSES: IDENTIFY ALL EXPERTS WHO ANY PLAINTIFF EXPECTS TO CALL AT THE TRIAL OF THIS CASE, AND PURSUANT TO PA R.C.P. 4003.5(A)(1)(B), STATE THE SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH ANY PLAINTIFF'S EXPERT WILL TESTIFY AND THE SUMMARY OF THE GROUNDS FOR EACH OPINION. THE FACTS, OPINIONS AND GROUNDS OF THE EXPERT MAY BE CONTAINED IN AN EXPERT REPORT WHICH MAY BE ATTACHED. SUCH REPORT OR ANSWER TO THIS INTERROGATORY SHOULD BE SIGNED BY ANY PLAINTIFF'S EXPERT. 9 17. PHOTOGRAPHS, DOCUMENTS AND THINGS: IF ANY PLAINTIFF, OR ANYONE ACTING ON ANY PLAINTIFFS BEHALF, HAS OR KNOWS OF ANY PHOTOGRAPHS, DIAGRAMS, MEASUREMENTS, SURVEYS OR OTHER DESCRIPTIONS REGARDING OR RELATING IN ANY WAY TO THIS INCIDENT, PLEASE IDENTIFY THOSE ITEMS. IN LIEU OF ANSWERING THE FOREGOING INTERROGATORY, COPIES OF ANY SUCH ITEMS MAY BE PROVIDED AS ATTACHMENT TO THESE ANSWERS. 18. RELATED LAWSUITS: PLEASE IDENTIFY BY CAPTION, DOCKET NUMBER AND COURT ANY OTHER LAWSUITS ARISING FROM THIS INCIDENT OR RELATING TO THE INJURIES CLAIMED BY THE PLAINTIFF IN THIS SUIT, OR IN WHICH ANY PLAINTIFF HAS BEEN INVOLVED. 10 19. PLEASE IDENTIFY ANY OTHER CLAIMS FILED OR DEMANDS MADE BY ANY PLAINTIFF AGAINST ANYONE OTHER THAN DEFENDANTS IN THIS ACTION FOR ANY DAMAGES OR INJURIES ARISING OUT OF OR RELATED TO THIS INCIDENT. 20. PRIOR CONVICTIONS: HAVE YOU BEEN CONVICTED OR PLED GUILTY TO ANY CRIME WITHIN THE PAST TEN (10) YEARS. IF SO, PLEASE STATE FOR EACH CONVICTION OR PLEA, THE OFFENSE CHARGED, THE COURT CAPTION AND DOCKET, AND THE DISPOSITION AND SENTENCE. 21. LIENS: WOULD ANY SETTLEMENT OR VERDICT SECURED BY YOU IN THIS MATTER BE SUBJECT TO ANY FEDERAL LIEN, STATE LIEN, FELA LIEN, WORKMEN'S COMPENSATION LIEN, OR ANY SIMILAR OR OTHER LIEN? IF SO, IDENTIFY THE HOLDER OF THE LIEN, THE AMOUNT OF THE LIEN, THE COSTS OF EXPENSES COVERED BY THE LIEN, AND THE CIRCUMSTANCE UNDER WHICH YOU ARE OR MIGHT BE OBLIGATED TO SATISFY THE LIEN., 22. VEHICLE INFORMATION: WITH RESPECT TO ANY POLICY OF MOTOR VEHICLE INSURANCE OF WHICH YOU WERE EITHER A NAMED INSURED OR INSURED AS OF THE DATE OF THE ACCIDENT REFERRED TO IN THE PLAINTIFFS' COMPLAINT, STATE: (A) THE NAME AND ADDRESS OF THE INSURANCE COMPANY ISSUING THE POLICY; (B) THE POLICY NUMBER: (C) EFFECTIVE DATES OF THE POLICY PERIOD; (D) YOUR TORT SELECTION PURSUANT TO 75 PA.C.S.A. §1705; (E) WHETHER YOU WERE A NAMED INSURED OR INSURED UNDER THE POLICY; FOR EACH REGISTERED VEHICLE THAT YOU OWNED AT THE TIME OF THE ACCIDENT, STATE: (A) THE YEAR, MAKE AND LICENSE PLATE NUMBER(S) OF ALL SUCH VEHICLES; (B) WHETHER SUCH VEHICLE(S) WERE INSURED; AND (C) THE NAME, ADDRESS AND POLICY NUMBER OF THE COMPANY INSURING ALL SUCH VEHICLE(S). Respectfully submitted, & DORER Date: December 4. 2009 By: V onald R. borer, squire Attorney for Defendant, Cynthia Sswert Court I.D. No. 39126 13 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Elswert ANDREA MALMONT & JON BAUGHMAN, HAN AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - Law JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Interrogatories Addressed to Plaintiff Jon Baughman to be served by regular first class mail upon: James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Attorney for Plaintiffs ; Date: December 4. 2009 Donald R. Dorer, Esquire Attorney for Defendant 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, HAN AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS INTERROGATORIES ADDRESSED TO PLAINTIFF, PAIGE SUMMERS BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT ADDRESSED TO: Plaintiff, Paige Summers, a Minor by and through her Parent and Natural Guardian, Andrea Malmont c/o James M. DeSanto, Esquire 150 North Radnor-Chester Suite A-130 Radnor, PA 19087 Attorney for Plaintiffs The Defendant propounds the following Interrogatories to be answered under oath pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff(s) within thirty (30) days after service. The foregoing Interrogatories are to be regarded as continuing and you are requested to provide, by way of supplementary answers thereto, such additional information as may hereafter be obtained by you, or any person on-your behalf, which will augment or otherwise modify any answers now given to the foregoing Interrogatories pursuant to Pa. R.C.P. 4007.4. Such supplemental responses are to be served upon the Defendant seasonably after receipt of such information. 1. PERSONAL INFORMATION: PLEASE PROVIDE THE FOLLOWING INFORMATION FOR EACH PLAINTIFF INVOLVED IN THIS ACTION: (A) FULL NAME AND ANY PRIOR NAMES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (B) CURRENT ADDRESS AND ANY PRIOR ADDRESSES USED FROM THE TIME OF THE INCIDENT FOR WHICH THIS ACTION IS BROUGHT. (C) DATE OF BIRTH. (D) SOCIAL SECURITY NUMBER. 2. CURRENT EMPLOYMENT: FOR EACH PLAINTIFF PLEASE STATE: (A) CURRENT PLACE OF EMPLOYMENT, POSITION AND LENGTH OF CURRENT EMPLOYMENT; AND (B) THE PLACE OF EMPLOYMENT AND POSITION AT THE TIME OF THE INCIDENT, IF DIFFERENT. 3. INJURIES: DESCRIBE SEPARATELY EACH INJURY EACH PLAINTIFF SUSTAINED IN THE INCIDENT AND THE APPROXIMATE DATE ON WHICH EACH PLAINTIFF RECOVERED FROM EACH SUCH INJURY. 4. HEALTHCARE PROVIDERS: IDENTIFY EACH HEALTH CARE PROVIDER WHO HAS EXAMINED, TREATED OR RENDERED SERVICES TO EACH PLAINTIFF BECAUSE OF THIS INCIDENT, INCLUDING THE DATES OF SUCH SERVICES AND THE CHARGES FOR SAME. 5. MEDICAL EXPENSES AND INSURANCE PAYMENTS: STATE THE TOTAL AMOUNT OF MEDICAL EXPENSES INCURRED BY EACH PLAINTIFF THAT RELATES TO THIS INCIDENT, THE AMOUNT COMPENSATED BY FIRST PARTY BENEFITS, THE AMOUNT, IF ANY, SUBJECT TO A LIEN OF ANY SORT, THE IDENTITY (INCLUDING THE NAME, ADDRESS, AND. POLICY NUMBER) OF ANY LIENHOLDER, AND THE AMOUNT CLAIMED TO BE RECOVERABLE AT TRIAL. 6. TERMINATION OF MEDICAL SERVICES: WHEN AND BY WHOM WAS EACH PLAINTIFF LAST EXAMINED OR GIVEN MEDICAL ATTENTION FOR THE INJURIES RECEIVED IN THIS INCIDENT? 7. CONTINUATION OF MEDICAL SERVICES: IF THE PLAINTIFF IS STILL BEING TREATED FOR THE INJURIES RECEIVED IN THIS INCIDENT, IDENTIFY BY WHOM AND STATE HOW FREQUENTLY SUCH TREATMENTS ARE BEING GIVEN NOW, THE NATURE OF THE TREATMENT BEING ADMINISTERED, AND THE EXTENT TO WHICH TREATMENT WILL BE REQUIRED IN THE FUTURE. 8. PRIOR CONDITIONS: EXPLAIN ALL PRIOR HEALTH PROBLEMS OR INJURIES AND IDENTIFY THE HEALTH CARE PROVIDERS WHO TREATED EACH PLAINTIFF FOR THOSE INJURIES IN THE LAST SIX (6) YEARS. 9. FAMILY PHYSICIAN: PLEASE STATE THE NAME AND ADDRESS OF YOUR FAMILY PHYSICIAN FOR THE LAST FIVE (S) YEARS. 10. PRIOR OR SUBSEQUENT ACCIDENTS: IF BEFORE OR AFTER THE INCIDENT WHICH IS THE SUBJECT OF THIS LAWSUIT, ANY PLAINTIFF WAS INVOLVED IN ANY OTHER INCIDENT INVOLVING INJURIES TO ANY PART OF THE BODY, PLEASE STATE THE TYPE OF INCIDENT INVOLVED AND THE HEALTH CARE PROVIDERS WHO RENDERED TREATMENT FOR THOSE INJURIES. 11. DISABILITY: DOES ANY PLAINTIFF CONTEND THAT HE OR SHE HAS BEEN PERMANENTLY INJURED AS A RESULT OF THIS INCIDENT? IF SO, PLEASE DESCRIBE THE EXACT NATURE OF THE ALLEGED INJURY AND THE IDENTITY OF ANY HEALTH CARE PROVIDER WHO HAS INFORMED ANY PLAINTIFF THAT THE INJURY IS PERMANENT. 12. LOSS OF EARNINGS: IS ANY PLAINTIFF MAKING A CLAIM FOR LOSS OF EARNINGS OR IMPAIRMENT OF EARNING CAPACITY BECAUSE OF THIS INCIDENT? IF SO, THEN PLEASE PROVIDE THE FOLLOWING INFORMATION OF EACH: (A) EACH EMPLOYER, JOB TITLE AND DESCRIPTION OF DUTIES AS WELL AS MONTHLY OR WEEKLY RATE OF PAY AT THE TIME OF THIS INCIDENT; (B) THE INCLUSIVE DATES DURING WHICH ANY PLAINTIFF ALLEGES HE OR SHE WAS UNABLE TO WORK AS A RESULT OF THIS INCIDENT AND THE TOTAL AMOUNT OF EARNINGS AND PLAINTIFF LOST BECAUSE OF THIS ABSENCE; (C) THE SOURCE AND AMOUNT OF ANY WAGES OR SALARY RECEIVED SINCE THIS INCIDENT; AND (D) THE DATE ON WHICH ANY PLAINTIFF FIRST RETURNED TO WORK FOLLOWING THE INCIDENT AND EACH EMPLOYER FOR WHOM ANY PLAINTIFF HAS WORKED SINCE THE INCIDENT WITH INCLUSIVE DATES OF EMPLOYMENT, EACH JOB TITLE ANY PLAINTIFF HAS HELD AND EACH MONTHLY OR WEEKLY RATE OF PAY WHICH ANY PLAINTIFF HAS RECEIVED FROM THE DATE OF STARTING WORK AGAIN AFTER THIS INCIDENT UNTIL THE PRESENT TIME. 13. IMPAIRED EARNING CAPACITY: IS ANY PLAINTIFF MAKING A CLAIM FOR IMPAIRED EARNING CAPACITY BECAUSE OF THIS INCIDENT? IF YES, PLEASE STATE THE ACTUAL VALUE OF ANY PLAINTIFFS IMPAIRED EARNING CAPACITY, SETTING OUT THE MANNER IN WHICH SAID VALUE WAS CALCULATED, AND BY WHOM. 14. STATEMENTS: HAS ANY PLAINTIFF OR ANYONE ACTING ON ANY PLAINTIFFS BEHALF OBTAINED ANY STATEMENTS, REPORTS, MEMORANDUM OR TESTIMONY IN ANY FORM FROM ANY PERSON RELATING TO THIS INCIDENT. IF SO, PLEASE IDENTIFY FROM WHOM THE STATEMENT WAS TAKEN, THE DATE OF THE STATEMENT AND PROVIDE A COPY IN ANSWER TO THIS INTERROGATORY. 15. WITNESSES: IDENTIFY ANY WITNESS WHO HAS ANY KNOWLEDGE OF OR INFORMATION AS TO THE FACTS PERTAINING TO THIS INCIDENT. ALSO PROVIDE A SUMMARY OF THE INFORMATION WHICH EACH WITNESS HAS CONCERNING THIS INCIDENT. 16. EXPERT WITNESSES: IDENTIFY ALL EXPERTS WHO ANY PLAINTIFF EXPECTS TO CALL AT THE TRIAL OF THIS CASE, AND PURSUANT TO PA R.C.P. 4003.5(A)(1)(B), STATE THE SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH ANY PLAINTIFF'S EXPERT WILL TESTIFY AND THE SUMMARY OF THE GROUNDS FOR EACH OPINION. THE FACTS, OPINIONS AND GROUNDS OF THE EXPERT MAY BE CONTAINED IN AN EXPERT REPORT WHICH MAY BE ATTACHED. SUCH REPORT OR ANSWER TO THIS INTERROGATORY SHOULD BE SIGNED BY ANY PLAINTIFF'S EXPERT. n 17. PHOTOGRAPHS, DOCUMENTS AND THINGS: IF ANY PLAINTIFF, OR ANYONE ACTING ON ANY PLAINTIFFS BEHALF, HAS OR KNOWS OF ANY PHOTOGRAPHS, DIAGRAMS, MEASUREMENTS, SURVEYS OR OTHER DESCRIPTIONS REGARDING OR RELATING IN ANY WAY TO THIS INCIDENT, PLEASE IDENTIFY THOSE ITEMS. IN LIEU OF ANSWERING THE FOREGOING INTERROGATORY, COPIES OF ANY SUCH ITEMS MAY BE PROVIDED AS ATTACHMENT TO THESE ANSWERS. 18. RELATED LAWSUITS: PLEASE IDENTIFY BY CAPTION, DOCKET NUMBER AND COURT ANY OTHER LAWSUITS ARISING FROM THIS INCIDENT OR RELATING TO THE INJURIES CLAIMED BY THE PLAINTIFF IN THIS SUIT, OR IN WHICH ANY PLAINTIFF HAS BEEN INVOLVED. to 19. PLEASE IDENTIFY ANY OTHER CLAIMS FILED OR DEMANDS MADE BY ANY PLAINTIFF AGAINST ANYONE OTHER THAN DEFENDANTS IN THIS ACTION FOR ANY DAMAGES OR INJURIES ARISING OUT OF OR RELATED TO THIS INCIDENT. 20. PRIOR CONVICTIONS: HAVE YOU BEEN CONVICTED OR PLED GUILTY TO ANY CRIME WITHIN THE PAST TEN (10) YEARS. IF SO, PLEASE STATE FOR EACH CONVICTION OR PLEA, THE OFFENSE CHARGED, THE COURT CAPTION AND DOCKET, AND THE DISPOSITION AND SENTENCE. 11 t 21. LIENS: WOULD ANY SETTLEMENT OR VERDICT SECURED BY YOU IN THIS MATTER BE SUBJECT TO ANY FEDERAL LIEN, STATE LIEN, FELA LIEN, WORKMEN'S COMPENSATION LIEN, OR ANY SIMILAR OR OTHER LIEN? IF SO, IDENTIFY THE HOLDER OF THE LIEN, THE AMOUNT OF THE LIEN, THE COSTS OF EXPENSES COVERED BY THE LIEN, AND THE CIRCUMSTANCE UNDER WHICH YOU ARE OR MIGHT BE OBLIGATED TO SATISFY THE LIEN. 22. VEHICLE INFORMATION: WITH RESPECT TO ANY POLICY OF MOTOR VEHICLE INSURANCE OF WHICH YOU WERE EITHER A NAMED INSURED OR INSURED AS OF THE DATE OF THE ACCIDENT REFERRED TO IN THE PLAINTIFFS' COMPLAINT, STATE: (A) THE NAME AND ADDRESS OF THE INSURANCE COMPANY ISSUING THE POLICY; (B) THE POLICY NUMBER: (C) EFFECTIVE DATES OF THE POLICY PERIOD; (D) YOUR TORT SELECTION PURSUANT TO 75 PA.C.S.A. § 1705; III (E) WHETHER YOU WERE A NAMED INSURED OR INSURED UNDER THE POLICY; FOR EACH REGISTERED VEHICLE THAT YOU OWNED AT THE TIME OF THE ACCIDENT, STATE: (A) THE YEAR, MAKE AND LICENSE PLATE NUMBER(S) OF ALL SUCH VEHICLES; (B) WHETHER SUCH VEHICLE(S) WERE INSURED; AND (C) THE NAME, ADDRESS AND POLICY NUMBER OF THE COMPANY INSURING ALL SUCH VEHICLE(S). Respectfully submitted, LAW70PICE OF SNYIDER & DORER Date: December 4. 2009 By: on d R. orer, squi Attorney for Defendant, Court I.D. No. 39126 7 re Cynthia 8swert 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Interrogatories Addressed to Plaintiff Paige Summers a Minor by and through her Parent and Natural Guardian Andrea Malmont to be served by regular first class mail upon: James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Attorney for Plainti ,, Date: December 4. 2009 Donald R. Dorer, Esquire Attorney for Defendant r A • LAW OFFICE OF JELL R. SNYDER Bethlehem. PA 18017 LAW OFFICE OF SNYDER & DORER Employea of Nationwide MuUW histn a Companye Not a Parumbip SNYDER A ANDREWS Wexford, PA 15090 SNYDER & BARRM PhihideOb. PA 19103 SNYDER & VERBEKE CONSHOHOCKEN, PA 19421 214 SENATE AVENUE, SUITE 600 CAMP HILL, PENNSYLVANIA 17011 (717) 731-0988 (FAX) (717) 731-0987 SNYDER A ASSOCIATES PWM PA 18703 SNYDER A SHAFFER DOYLESTOWN, PA IMS REPLY TAi CAbIF HILL DONALD R. DORER JOANNE L KINZEL Refer to: 09-020676 May 12, 2010 James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 PA$ALBUWA CINDY M BOOK USA & X3nMON Re., Andrea Malmont & Jon Baughman, HM and Paige Summers, a Minor by and through her. Parent and Natural Guardian Andrea Malmonfv. Cynthia Elswert Cumberland County: No. 08-6055" Dear Mr. DeSanto, I served? you with Interrogatories and a Request for Production of Documents on December 4, 2009. Your discovery responses are significantly overdue. I have been instructed to file an appropriate Motion to Compel with the Court if full and complete responses to these requests are not received within fifteen (15) days hereof. Please advise. DRD:isk Si cerely you , Donald R. Dor e A (At 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS VS. CYNTHIA EISWERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attomey for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Motion to Compel to be served by regular first class mail upon: James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Attorney for Plaintiffs Date: Auaust 16, 2010 Attorney for 09-020676 ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS VS. CYNTHIA EISWERT, DEFENDANT AUG 19 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 CIVIL ACTION - LAW JURY TRIAL DEMANDED Q b su fi w RULE TO SHOW CAUSE AND NOW, this Day of 2010, upon consideration of the Defendant's Motion to Compel Discovery, a RULE is hereby issued upon the Plaintiffs to show cause why the Defendant's Motion to Compel Discovery should not be granted. RULE RETURNABLE within days after service. I -f r.) 1-f-3 rna I LECL A -i .7i 1944,1 J . bE SaAo aAIJ /1v zmI t BY THE COURT: 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS '0 TIC'' ' 0, P 20,10 SEP 22 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO MAKE RULE ABSOLUTE AND NOW comes the Defendant, Cynthia Eiswert, by and through her counsel, Donald R. Dorer, Esquire, Law Office of Snyder & Dorer, Camp Hill, Pennsylvania who respectfully states as follows: 1. On or about August 17, 2010, Defendant's Motion to Compel Discovery was filed with the Court. 2. On or about August 19, 2010, the Court issued a Rule to Show Cause upon the Plaintiffs to show cause why the Defendant's Motion to Compel Discovery should not be granted within fourteen (14) days upon service of the Rule to Show Cause. 3. On or about August 25, 2010, the Defendant served the Rule to Show Cause upon counsel for the Plaintiffs. The letter dated August 25, 2010, together with the Rule to Show Cause, are collectively attached hereto as Exhibit "A" and incorporated by reference as if more fully set forth herein. 4. To date, counsel for the Plaintiffs has failed to show cause why the Defendant's Motion to Compel Discovery should not be granted. WHEFORE, for the foregoing reasons, this Honorable Court is prayed to make the Rule absolute and grant Defendant's Motion to Compel Discovery. Respectfully submitted, LA' Date: September 21, 2010 By: DICE OF S, YDT & DORER r: f' Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 2 i 09-020676 ANDREA MALMONT & JON BAUGHMAN, HIW AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS VS. CYNTHIA EISWERT, DEFENDANT AUG 19 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6055 CIVIL ACTION - LAW JURY TRIAL DEMANDED Q 0 D_ !u w RULE TO SHOW CAUSE AND NOW, this Day of 2010, upon consideration of the Defendant's Motion to Compel Discovery, a RULE is hereby issued upon the Plaintiffs to show cause why the Defendant's Motion to Compel Discovery should not be granted. RULE RETURNABLE within - I "I days after service. BY THE COURT: LAW OFFICE OF SNYDER & DORER LAW OFFICE OF JILL R. SNYDER Employees of Nationwide Mutual Insurance Company@ SNYDER & ANDREWS Bethlehem. PA 18017 Not a Partnership Wexford, PA 15090 SNYDER & BARRETT 214 SENATE AVENUE, SUITE 600 SNYDER & ASSOCIATES Philadelphia, PA 19103 CA.VIP HILL, PENNSYLVANIA 17011 Plains, PA 18705 SNYDER & VERBEKE (717) 731-0988 SNYDER & SHAFFER CONSHOHOCKEN, PA 19428 (FAX) (717) 731-0987 DOYLESTOWN, PA 18"1 REPLY TOs CAMP HILL DONALD R. DORER PARALEGALS JOANNE E. KINZEL CINDY M. BOOK LISA S. KEYTON Refer to: 09-020676 August 25, 2010 James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Re: Andrea Malmont & Jon Baughman, H/W and Paige Summers, a Minor by and through her Parent and Natural Guardian, Andrea Malmont v. Cynthia Eiswert Cumberland County: No. 08-6055 Dear Mr. DeSanto, In follow up to the Defendant's Motion to Compel Discovery filed in the above matter on or about August 17, 2010, the Judge issued a Rule to Show Cause on August 19, 2010, a copy of which is enclosed for your reference, which is returnable within fourteen (14) days after service. Additionally, to move this matter forward, please forward available dates for party depositions. Thank you for your further attention. S Donald R. Dorgf DRD:Isk Enclosures 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, HIW AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Petition to Make Rule Absoluate to be served by regular first class mail upon: James M. DeSanto, Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Attorney for Plaintiffs Date: September 21, 2010 0 t Donald R. Dorer, Esquire Attorney for Defendant 09-020676 SEP 2 3 2010 ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS VS. CYNTHIA EISWERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ev © Q '71 -03 No. 08-6055 ;-= --? :r- rn- C:) o CIVIL ACT10N - LAW Cp -II x-?r? JURY TRIAL DEMANDED =o -- C?rn ,r o ORDER OF COURT AND NOW, this .??' aay of , 2010, upon consideration of the within Petition to Make Rule Absolute it is hereby ORDERED and DIRECTED that the Rule is Absolute and Defendant's Motion to Compel Discovery is hereby GRANTED. It is hereby further ORDERED that the Plaintiffs are DIRECTED and ORDERED to provide full and complete answers to Defendant's Interrogatories Addressed to Plaintiffs and full and complete responses to Defendant's Request for Production of Documents Under Pa. R.C.P. 4009 Addressed to Plaintiffs served upon counsel for the Plaintiffs by letter dated December 4, 2009, attached as Exhibit "A" to the Defendant's Motion to Compel Discovery within thirty (30) days hereof. It is so ORDERED by the Court. BY THE COURT- r I , DISTRIBUTION LIST v James M. DeSanto Esquire 150 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Telephone No. (610) 254-1751 Attorney for Plaintiffs Donal d R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Attorney for Defendant (20 f, ',E4 M"U LL, 09-020676 JAMES M. DESANTO, ESQUIRE 150 NORTH RADNOR-CHESTER ROAD SUITE A-130 RADNOR, PA 19087 TELEPHONE NO. (610) 254-1751 Attorneys for Plaintiffs ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND Tv ROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, PLAINTIFFS OF THELPi FILED-OFFICE 2011 APR -6 AM I f : 29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END rO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Respectfully submitted, 3 Zq A date: 455aames M. DeSanto, Esquire 0 North Radnor-Chester Road Suite A-130 Radnor, PA 19087 Telephone No. (610) 254-1751 Attorneys for Plaintiffs Court I.D. 49442 4 09-020676 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Cynthia Eiswert ANDREA MALMONT & JON BAUGHMAN, H/W AND PAIGE SUMMERS, A MINOR BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, ANDREA MALMONT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS NO. 08-6055 VS. CYNTHIA EISWERT, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: James M. DeSanto, Esquire Law Office of James M. DeSanto, Esquire 323 East Front Street Media, PA 19063 Attorney for Plaintiffs / Date: April 5, 2011 Donald R. Dorer, Esquire Attorney for Defendant