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Home My WebLink About04-2041 GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife, 2243 South Market Street Mechanicsburg, PA 17055 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. OL./ - ~6l/' ClQ~l'-r€.I2-rYJ v. : CIVIL ACTION - LAW LISA TOMKINSON 16 West Keller Street Mechanicsburg, PA 17055 : JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS Issue Summons in Trespass in the above case. Writ of Summons shall be issued and forwarded to Sheriff. ;? J.-/l c,~ r Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID #: 31097 * * * * * * * * * * * TO: Lisa Tomkinson YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. l /J Date: (Yl~ I~ I ,)r~ol.f (J;.-u.-/:;~~ k. .cxr..n.>:- Prothonotary/Clerk, Civil D~on '-- ~n_1J _P.~~bT<..r-- Deputy " {' (") "" C_':l 0 ""\ ~~ "" -n ~ or- .-1 ~ -'."'- ffi,'c f(;J , " -'" -~ , :9,tJ '" c" :~ ~) lI) - ..... CAJ () :.:j?;~ ~ - , :,~: r'ri - ,. (..) ~ f! /.... -..1 '>- _.-~ U.) ~D ~ -, -: -< - y GERI RIGG and EDWARD BURTON, JR., Individually and as husband and wife : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2041 v. LISA TOMKINSON : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO RE-ISSUE WRIT OF SUMMONS TO: Prothonotary Please Re-Issue the Writ of Summons that has been filed in the above-captioned matter. Date: :TI:z-576 r I / Respectfully submitted: MARTZ & GAILEY LLP -?H Go--v) ,p Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID #: 31097 o c;, ""C_ -r] r~,~ L'-;!'. ,~, ;: l/lc:_'_ ~~::~., ""c.' ~~~l -< ,...., = = -'=" ::Jl: po -< 1" 0' -0 :J: Q, ...... ~:D n'r-: -om -D9 9'~i ..,... "",-n \-J""') c.t~ 9: -,~ 'J) '-< - ., U1 &" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERl RlGG and EDWARD BURTON,]R., individually and as husband and wife, CIVIL DIVISION No. 04-2041 Civil Term Plaintiffs, ISSUE NO.: v. LISA TOMKINSON, PRAECI,PE FOR RULE TO FILE COMPLANT Defendant. Filed on Behalf of Defendant ONEBEACONINSURANCE Counsel of Record for this Party: LINDA L. PRETZ PA LD. No. 30335 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm LD. No.: 150 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and as husband and wife, CIVIL DIVISION No. 04-2041 Civil Term Plaintiffs, v. USA TOMKINSON, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT Prothonotary of Cumberland County One Courthouse Square Carlise, PA 17013 Pursuant to the provisions of Rule No. 1037(a) of the Pennsylvania Rules of Civil Procedure, enter Rule on the Plaintiffs, Geri Rigg and Edward Burton, Jr., to file their Complaint, sec. leg., or Judgment of Non Pros may be entered. Date: ~6l~, ~ BASHUNE & HUTTON BY MJ~ Linda L. Pretz, Es.~uirt.J Attorney for Defendant, Lisa Tomkinson June 1, 2004, Rule to file complaint issued. ~-r~ .~) Curtis R. Long, Prbtho ~::rtYl CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT was served via U.S. First Class Mail, postage pre-paid, on this 26'h day of May, 2004, upon the following counsel of record: Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, PA 17401 (Attorney for Plaintiff) i4#d fr$ Linda L. Pretz, Ese . Attorney for Defendant. Lisa Tomkinson Q ...., 0 = ~7:: = OJ .c- <- :T! .." ;~ rn r::: -om -DO 9(':' ~T.' -rl ""0 ~~:r~ ~ /-Fn ~:- () ';:-:'1 >- =2 ~':::J c-. -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RlGG and EDWARD BURTON, JR., individually and as husband and wife, CNIL DNISION No. 04-2041 Civil Term Plaintiffs, v. PRAECIPE FOR APPEARANCE LISA TOMKINSON, Defendant. Filed 011 Behalf of Defendant, Lisa Tomkinson Counsel of Record for this Party: LINDA 1.. PRETZ PA I.D. No. 30335 BASHLINE & HUTTON Suite 1650 One PPG Place Pittsburgh, P A 15222 (412) 391-7005 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RlGG and EDWARD BURTON, JR., individually and as husband and wife, CNIL DNISION No. 04-2041 Civil Term Plaintiffs, v. LISA TOMKINSON, Defendant. PRAECIPE FOR APPEARANCE Prothonotary of Cumberland County Cumberland County Court Of Common Pleas One Courthouse Square Carlisle, PA 17013 You are hereby directed to enter my appearance on behalf of Lisa Tomkinson, the Defendant in the afore-captioned case. JURY TRIAL DEMANDED. BASHLINE & HUTTON ::/~Jft;j LINDA L. P ESQUIRE Attorney for Defendant, Lisa Tomkinson CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE was served via U.S. First Class Mail, postage pre-paid, on this 26th day of May, 2004, upon the following counsel of record: Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York,PA 17401 (Attorney for Plaintiffs) Linda'L. Pretz, ~! Attorney for Defendant, Lisa Tomkinson .', ~.2~.: 2.- ::( () (;; r--> <= = .c- c.__ ~i _.. ~ -t :L~ n'lp -aID or,,? L)C.J --I"T. ~t: -" ~=~o r::-\rn ::.:, ~) '-< ~ ~ ct:J SHERIFF'S RETURN - REGULAR CASE NO: 2004-02041 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RIGG GERI ET AL VS TOMKINSON LISA BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS TOMKINSON LISA was served upon the DEFENDANT , at 1618:00 HOURS, on the 26th day of May , 2004 at 2010 LENOX STREET CAMP HILL, PA 17011 LISA TOMKINSON by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 17 .25 .00 10.00 .00 45.25 Sworn and Subscribed to before me this 1M- day of ~_: ,;l0tJ'f A.D. C L., (2~~Ad~ P/~honotary , prl So Answers: r~~ R. Thomas Kline OS/27/2004 MARTZ & GAILE~,...-...... By: f/ttW1I{( Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and As husband and wife Civil Action - Law Plaintiffs v. No. 04-:2041 Civil Term LISA TOMKINSON Jury Trial Demanded Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend a!~ainst the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a default judgment may be entered against you by the Court without further notie<e for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4th Floor, Cumberland County Coulrthouse Carlisle, Pennsylvania 17013 Telephone No. (717) 240-6200 AVISO Usted Ha Sido Demandado en la corte. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito SLlS defensas 0 sus objeciones alas demand as en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualiquier otra queja 0 compensacion reclamados por el Demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 1701 a Telephone No. (717) 240-6200 MARTZ 8. GAILEY LLP !Qn'~\' Gaile II, E 96 South George Street Suite 430 York, PA 17401 (717) 852~-8379 ID No.: 31097 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and As husband and wife Civil Action - Law Plaintiffs vi. No. 04-:2041 Civil Term LISA TOMKINSON Jury Trial Demanded Defendant COMPLAINT 6-!-- AND NOW, this O{/ day of June, 2004, come the Plaintiffs, Geri Rigg and Edward Burton, Jr., individually and as husband and wife, by their attorney, Herman A. Gailey, III, and file the following Complaint: 1. Plaintiff, Geri Rigg is an adult individual residing at 598 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 170:50. 2. Plaintiff, Edward Burton, Jr., is an adult individual residing at 598 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiffs are and at all times pertinent hereto were husband and wife. 4. Defendant, Lisa Tomkinson, is an adult individual residing at 16 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. On July 23, 2002, Plaintiff, Geri Rigg, was the owner and operator of a 1996 Pontiac Grand Am. 6. On July 23, 2002, Defendant was the operator of a Hyundai Elantra Wagon, owned by Lynda and Ricky Tomkinson, with Pennsylvania registration number EWK 9038. 7. On July 23, 2002, at approximately 5:15 p.m., Plaintiff, Geri Rigg, was stopped in traffic on Simpson Ferry Road in Mechanicsburg, Cumberland County, Pennsylvania. 8. At the aforementioned time and place, Defendant, Lisa Tomkinson, struck the rear of Plaintiff's vehicle, causing injuries and damages as are hereinafter set forth. COUNT I GERI RIGG v. LISA TOMtCINSON 9. Paragraphs one through eight (1 - 8)1 are incorporated herein by reference. 10. The accident and injuries hereinafter set forth were caused solely by the negligence of Defendant, Lisa Tomkinson, and were in no way due to any act or failure to act on the part of the Plaintiff, Geri Rigg. 11. Defendant, Lisa Tomkinson, was negligent in the operation of her vehicle as follows: a. Carelessly driving her vehicle in violation of 75 Pa.C.SA ~ 3714; b. Failing to keep alert and maintain a proper lookout for other traffic; c. Failing to maintain proper control in the operation of her vehicle at such a speed that she could bring her vehicle to a stop within her assured clear distance ahead in violation of 75 Pa.C.S.A. ~ 3361; and d. Following too closely in violation of i75 Pa.C.SA ~ 3310. 12. As a result of the accident, Plaintiff, Geri Rigg, has sustained personal injuries which include but are not limited to injuries to the neck, back, left ear, jaw, as well as depression and anxiety. 13. As a further result of the accident, Plaintiff" Geri Rigg, has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation, and mental anxiety; c. Past and future loss of life's enjoyme,nt; d. Past and future incident costs; e. Past and future reasonable and necessary medical expenses in excess of the statutory preclusion; f. Past and future loss of earnings in excess of first party benefits; and g. Scarring and disfigurement. 14. Plaintiff, Geri Rigg, avers that her damages exceed the applicable limits of arbitration, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, Geri Rigg, respectfully requests that this Honorable Court enter judgment against Defendant, Lisa Tomkinson, in an amount in excess of $25,000.00 plus interest and costs as permitted by law. COUNT II EDWARD BURTON, JR. v. LISA TOMKINSON 15. Paragraphs one through fourteen (1 - 14) are incorporated herein by reference. 16. As a result of Defendant's negligence, carelessness, and recklessness that caused personal injuries to his wife, Plaintiff, Edward Burton, Jr., has lost and will continue to lose the companionship, comfort, society, services, and other forms of consortium of his wife. 17. Plaintiff, Edward Burton, Jr., avers that his damages exceed the applicable limits of arbitration, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, Edward Burton, Jr., respectfully requests that this Honorable Court enter judgment against Defendant, Lisa Tomkinson, in an amount in excess of $25,000.00 plus interest and costs as permitted by law. Respectfully submitted, ?HCe;4~ Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 ID No.: 31097 VERIFICATION I, Herman A. Gailey, III, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied, and the verification of the party cannot be obtained within the time allowed for filing of the pleading. I understand that false statements made herein an3 made subject to the penalties of the 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Respectfully submitted: MARTZ & GAILEY LLP -?H! ~~ .--. Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 I.D. Number: 31097 Date: [" / ;;2./ - o'-{ CERTIFICATE OF SERVICE I hereby certify that I have this date served a true and correct copy of the foregoing Complaint on the following individual as set forth below by first class, United States pre-paid postage: Linda L. Pretz, Esquire Bashline & Hutton Suite 1650 One PPG Place Pittsburgh, Pennsylvania 15222 Attorney for Defendant Respectfully submitted: Date: {; ~ JI ~ D if ~.j-II-?-1' ~ Herman A. Gail,ay, III, Esquire MARTZ & GAILEY, LLP 96 South Georgie Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID Number: 31097 .~~., t '_ .' o r: "",'. ..J -< ......, Co:) (:::;:) _C"' o -n .--1 T fllF1 ~g9 ()(~ :T~ :_j-; (_:;;'-n :-:;;;('5 ejin c:-l i'~~ :.:< c_ ~,:--: ",,-',. N N -u :E: N U'1 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RlGG and EDWARD BURTON, JR., individually and as husband and wife, CNIL DIVISION No. 04-2041 Civil Term Plaintiffs, ISSUE NO.: v. ANSWER AND NEW MATTER LISA TOMKINSON, Defendant. Filed on Behalf of Defendant, Lisa Tomkinson Counsel of Record for this Party: LINDA L. PRETZ PA J.D. No. 30335 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm J.D. No.: 150 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GERI RIGG and EDWARD BURTON, JR., individually and as husband and wife, CIVIL ACTION-LAW No. 04-2041 Civil Term Plaintiffs, JURY TRIAL DEMANDED .. vs. LISA TOMKINSON, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, LISA TOMKINSON, by and through her attorneys, Linda L. Pretz, Esquire, and the law offices of Bashline & Hutton and files the following Answer and New Matter to Plaintiffs' Complaint: 1. The averments of Plaintiffs' Complaint, insofa~ as it is necessary to make answer thereto, are generally and specifically denied. It is specifically denied that the Defendant negligently or carelessly operated the subject vehicle and that her acts or omissions were the proximate cause of the Plaintiffs' alleged injuries and damages. Defendant denies that she violated any Pennsylvania Statute pertaining to the safe operation of motor vehicles on public thoroughfares. ~ j , " 2. Defendant is advised by counsel and therefore believes and avers that she need , make no further response to the factual averments set forth in Plaintiffs' Complaint, paragraphs, % 1 through 8 as such allegations, other than ownership, operation and control of Defendant's ~~ vehicle are deemed denied and placed at issue by virtue of this Answer in the nature of a general '. .: :;s .:~ .~ :;~ .~ 1 denial and in accordance with amended Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 3. To the extent that Plaintiffs aver entitlement to recover damages for medical expenses and wage loss in excess of the provisions of the Pennsylvania Motor Vehicle Responsibility Act, after reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth or falsity of such allegations and, therefore, said allegations are denied and strict proof thereof is demanded. WHEREFORE, Defendant demands that judgment be entered in her favor with costs on her behalf sustained. NEWMATIER 4. Plaintiffs' Complaint fails to state a cause of action recognized by law. 5. Defendant believes and therefore avers that the Plaintiffs have received compensation for any and all loses and/or damages allegedly sustained in accordance with the provisions of the Pennsylvania Financial Responsibility Act and Plaintiffs have suffered no losses or damages for which this action can be maintained. Said compensation includes, but is not limited to, amounts claimed for wage loss and medical expe:nses. 6. Defendant, while continuing to deny negligelli~e on her part, avers that in the event the wife-Plaintiff was involved in an accident as alleged, then in that event, said accident was due to the acts of third persons or other parties whose acts were independent, intervening, superseding and for which the Defendant is not liable or responsible to Plaintiffs. 7. Defendant, while continuing to deny negligence or liability on her part, avers that the accident complained of was due to a sudden emergency for which the Defendant is not liable or responsible. 8. Plaintiffs' claims are limited by their own failure to mitigate damages. 9. In the event it is established at the time of trilal that the wife-Plaintiff suffered injuriles as alleged, then in that event, said injuries constitute a pre-existing condition unrelated to the within lawsuit. WHEREFORE, Defendant demands judgment be entered in her favor with costs on her behalf sustained. BASHLINE & mON By " LYn,da L. Pretz, E Counsel for Defendant, Lisa Tomkinson 04-2041 VERIFICATION I, Lisa Tomkinson, the Defendant herein, aver that the statements of fact contained in the attached Ans/IIBr and Nell' Matter are true and correct to the best of my knowledge, information and ~ belief, and are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. "" Dated: I r l c'-\ '. - ----"'. .1" ..\ /! .\ .Y\i.iu\. t....' k)1l(~~\'vJ{) \ Lisa Tomkinson . .1. . ..", \/ _ "'.. .. \ /"j"le I .> i I;:"~j'~' \... ,'-<.... \;; I .\\..'--. T I .j:, God d99:tO vO BO tnr CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing ANSWER AND NEW MATTER was served via U.S. First Class Mail, postage pre-paid, on this 9"' day of July, 2004, upon the following counsel of record: Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, PA 17401 (Attorney for Plaintiff) ~.. ;~'~ ~- ~~' ~.I~~ :::; -< () ~~ '" c;~ = .c- '-- (~ r::'; o -n jl ni:D ,-- -om :rjC;7 o :J:~~ ".:c'.C" ~~~~ ? rl ,,?:~ ..< N :0 ......~ w w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and as husband and wife, CIVIL DIVISION No. 04-2041 Civil Term Plaintiffs, ISSUE NO.: v. LISA TOMKINSON, PRAECIPE FOR SUBSTITUTION OF APPEARANCE Defendant. Filed on Behalf of Defendant, Lisa Tomkinson Counsel of Record for this Party: BERNARD J. KELLY PA LD. No. 55670 BASHLINE & HUTTON Suite 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm LD. No.: 150 JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO: Prothonotary of Cumberland County, Kindly substitute my Appearance for that of Attorr.ey Linda L. Pretz, Esquire, on behalf of the Defendant, Lisa Tomkinson, in connection with the above-captioned case. BASHLINE AND HUrrON J~ ttorn for Defe , . sa omkinson CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE FOR SUBSTITUTION OF APPEARANCE Was served via U.S. First Class Mail, postage pre-paid, on this 9'" day of August, 2004, upon the following counsel of record: Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, PA 17401 (Attorney for P laintijj) BASHLINE AND HUTTON ~squire o ("" .1> ....., r::.' C,::',:l -""" r'-' -1:1 .-,.. r.o.) C;) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GERI RIGG and EDWARD BURTON, JR., individually and as husband and wife, CNIL DIVISION No. 04-2041 Civil Term Plaintiffs, ISSUE NO.: v. LISA TOMKINSON, MOTION TO COMPEL Defendant. Filed on Behalf of Defendant, Lsa Tomkinson Counsel of Record for this Party: BERNARD]. KELLY PA I.D. No. 55670 BASHLINE & HUTTON FreeMarkets Center, 210 Sixth Avenue Suite 35000 Pittsburgh, P A 15222 (412) 434-0201 Firm I.D. No.: 150 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RlGG and EDWARD BURTON, JR., Individually and as Husband and Wife, CNIL DNISION Plaintiffs, No. 04-2041 Civil Term v. LISA TOMKINSON, Defendant. MOTION TO COMPEL AND NOW, comes the defendant, LISA TOMKINSON, by her attorneys, Bernard ]. Kelly, Esquire and BASHLINE & HUTTON, and files the following Motion to Compel against plaintiffs for failure to respond to defendant's First Set of Interrogatories and Request for Production of Documents Directed to Plaintiffs, whereof the following is a statement: 1. On or about May 26, 2004, counsel for defendant served counsel for plaintiffs First Set of Interrogatories and Request for Production of Documents Directed to Plaintiffs. Attached herewith is a copy of the letter of transmittal marked as Exhibit "A." 2. No response being received, a second letter was sent to counsel for plaintiffs on August 3, 2004, requesting a response to the above-mentioned discovery request. A true and correct copy of said letter is attached herewith and marked as Exhibit "B." 3. Since the above-mentioned date, no response to defendant's discovery request has been received. More than sixty days have passed since the time said discovery request was originally served on plaintiffs' counsel. 4. Plaintiffs' failure to respond to this discovery request IS delaying this counsel's efforts to prepare a defense on behalf of his client, Lisa Tomkinson. WHEREFORE, defendant, LISA TOMKINSON, respectfully requests this Honorable Court to compel plaintiffs, Geri Rigg and Edward Burton, Jr. to file a response to defendant's First Set of Interrogatories and Request for Produclion of Documents pursuant to the Pennsylvania Rules of Civil Procedure. Respectfully submitted, BASHLINE & HUTTON ~/ BY:~ _~~ /"'/ ......BERNARD J. KELL Pa. J.D. #55670 ~ FreeMarkel: Center, Suite 3500 210 Sixth Avenue Pittsburgh, P A 15222 412-434-0201 Attorneys for Defendant, Lisa Tomkinson AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF ALLEGHENY Before me, the undersigned authority, personally appeared BERNARD ]. KELLY., ESQUIRE, who, being duly sworn according to law, deposes and says that the facts contained in the within MOTION TO COMPEL are true and correct accorcUng to the best of his knowledge, information and belief. BASHLINE & HUTTON ~7 -t' BY: ERNARD J. KELLY Attorneys for Defen Lisa Tomkinson My Commission Expires - ...... .... IlIMn R.1bgIt, NalllyP\dll ca,0l1'lllllultt.~0a0nr ..,0...... . . Ellpies Fell. 4, 2IlO8 .......p.....J.~,.. W",OI""" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RlGG and EDWARD BURTON, JR., Individually and as Husband and Wife, CML DIVISION No. 04-2041 Civil Term Plaintiffs, v. LISA TOMKINSON, Defendant. ORDER OF COURT AND NOW, to-wit, this day of , 2004, upon consideration of the foregoing Motion presented, it is hereby ORDERED, ADJUDGED and DECREED that the plaintiffs, Geri Rigg and Edward Burton, Jr., me a response to defendant's First Set of Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order, or face/impose such sanctions that this Court finds necessary and proper. BY THE COURT: J. _~f',:~ ~2: ~ " i:~ -< , o C,7 .-0,' rI'~ " '" = r.;-:) ...- "" p--, -u o -,., =:rJ Fii;J -orr; :oD \.~ L :,;j~,,? ~'~:~'j .,,;-); () (jrn ;;?~I :::;:,: i> .r.- .,-..... ";:) '-::> T'v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GERI RIGG and EDWARD BURTON, JR., individually and as husband and wife, CIVIL DIVISION No. 04-2041 Civil Term Plaintiffs, ISSUE NO.: v. LISA TOMKINSON, PRAECIPE FOR ARGUMENT Defendant. Piled on Behalf of Defendant, Lisa Tomkinson Counsel of Record for this Party: BERNARD J. KELLY PA LD. No. 55670 BASHLINE & HUTTON PreeMarkets Center, 210 Sixth Avenue Suite 35000 Pittsburgh, PA 15222 (412) 434-0201 Pirm LD. No.: 150 JURY TRIAL DEMANDED PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten aud submitted in duplkate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CAPTION OF CASE (entire caption must be stated in fuli) -------------------------------------------------------------------------------------.------------------------------- Please list the within matter for the next Argument Court. GERl RIGG and EDWARD BURTON, lR., Individually and as Husband and Wife, VS. (Plaintiffs) LISA TOMKINSON, (Defendant) No.04, 204ITenn I. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion to Comoel 2. Identify counsel who will argue cases: (a) for plaintiff: Herman Gailev. III. Esauire (Name and Address) 96 South Geo,"e Street. Suite 430. York. PA 17401 (b) for defendant: Bernard l. Kellv. Esauire (Name and Address) FreeMarkets Center. Suite 3500. 210 Sixth Avenue. Pittsburgh, PA 15222 Case is listed for argument on November 10. 2004 . time unknown 4. Argument Court Date: 3. I will notify all parties in writing within two days that tnis case has heen listed for argument. Novemher 10. 2004 Date: JCr,$417AP, ~,)0O't f &~~1117 Signature po, . ;SUndf~/ -7, K/?/Ir Print your name Dfcl 10,,:;1:)1)'<;0'-' Attorney for CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ARGUMENT was served via U.S. First Class Mail, postage pre-paid, on this qrt'- day of September, 2004, upon the following counsel of record: Herman A. Gailey, III, Esquire MARTZ & GAILEY UP 96 South George Street Suite 430 York, PA 17401 (Attorney for P laintiffi) BASHLINE AND HUTTON BY .<<iZ~~ 'Bernard]. Kelly, . e Attorney for De: dant, Lisa Tomkinson () N 0 = C~ c"" -n .c- < ::;1 iC":-': (/) p1 fll r'~':: -a --nf'P -uCJ .r. ,,:)(1.) ~m\ _ ,"-r-T. ~. '.. "n -:'.' () (~ .--., C' S~?\ en c: CO ;' ;-~G =~ 0 -< N ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and As husband and wife Civil Action - Law Plaintiffs v. LISA TOMKINSON No. 04-2041 Civil Term Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I hereby certify that I have this date served a true and correct copy of the foregoing Plaintiffs' Answers to Defendant's First Set of Interrogatories and Request for Production of Documents on the following individual as set forth below by first class, United States pre-paid postage: Bernard J. Kelly, Esquire Bashline & Hutton Suite 1650 One PPG Place Pittsburgh, Pennsylvania 15222 Attorney for Defendant Respectfully submitted: Date: -.E.j/7/otf -P'~~~ Herman A. Gailey, III, Esquire MARTZ & GAILEY, LLP 96 South George Street Suite 430 York, Pennsylvania 17401 (717) 852-8379 ID Number: 31097 S"2 (.~ "';"-, :.? r--> c:.:> = .r- (/J ~~ {'..:> o o -10 -' -r -r' ~~;~ r;? -':>'- e~:~. c' 0". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON,]R., individually and as husband and wife, CIVIL DIVISION No. 04-2041 Civil Term Plaintiffs, ISSUE NO.: v. PRAECIPE TO WITHDRAW CASE FROM ARGUMENT LIST LISA TOMKINSON, Defendant. Filed on Behalf of Defendant, Lisa Tomkinson Counsel of Record for this Party: BERNARD J. KELLY PA LD. No. 55670 BASHLINE & HUlTON FreeMarkets Center, 210 Sixth Avenue Suite 35000 Pittsburgh, PA 15222 (412) 434-0201 Firm LD. No.: 150 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON,]R., Individually and as Husband and Wife, CIVIL DIVISION No. 04-2041 Civil Term Plaintiffs, v. LISA TOMKINSON, Defendant. PRAECIPE TO WITHDRAW CASE FROM ARGUMENT LIST Please withdraw Defendant's Motion to Compel from the argument list in regard to the above-captioned case. The Motion to Compel is scheduled to be heard on November 10, 2004. BASHLINE AND HUTTON -? ./ ',1 BY:~~ // ( // 'BERNARD J. KEL , E QUIRE Attorneys for De~ ndant, Lisa Tomkinson CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW CASE FROM ARGUMENT LIST was served via U.S. First Class Mail, postage pre- paid, on this yt-:ay of November, 2004, upon the following counsel of record: Herman A. Gailey, III, Esquire MARTZ & GAILEY LLP 96 South George Street Suite 430 York, PA 17401 (Attornry for Plaintiffs) BASHLINE AND HUTTON ~ '94' BY:, / '-'Y'--....-...L ~ ~e:rn;:rd J. Kelly, Esq~' . Attorney for Defendillt, Lisa Tomkinson . () r--,) 0 C"':::) c,: c::::> -n ....- - :r 'n , : 04\'".. 0 """~ fnp I -;"JfTl :00 \.0 '..J 1- :_,C) ~ ~~~ ~.l : :.:t: ::.~; Z.::.s :1. ) 23 C:')nl . ( ~~ :~ -j r'V ~;J ----. (..il -< \.. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and as husband and wife, CIVIL DIVISION No. 04-2041 Civil Term Plaintiffs, ISSUE NO.: Defendant. Notice of Service of Defelldant' s Allswer to Plaintiff's First alld Secolld Sets of Illterrogatories, and Defendant's Response to Plaintiffs' Request for Productioll or Documents v. LISA. TOMKINSON, Filed on Behalf of Defendant, Lisa Tomkinson Counsel of Record for this Party: BERNARD J. KELLY PA l.D. No. 55670 BASHLINE & HUTTON One Oliver Plaza, 210 Sixth Avenue Suite 3500 Pittsburgh, P A 15222 (412) 434-0201 Firml.D. No.: 150 JURY TRIAL DEMANDED ~ NOTICE OF SERVICE I hereby certify that the original DEFENDANT'S ANSWERS TO PLAINTIFFS' INTERROGATORIES SET NUMBER 1, DEFENDANT'S ANSWERS TO PLAINTIFFS' INTERROGATORIES SET NUMBER 2, AND DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS were served upon counsel set forth below, by first- class mail, postage prepaid, on 18t:l dc~y of feLruary, 2005. Herman Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 BASHLINE AND HUTTON . ~ . .' / BY:BE~r~~~~;~f~;~QUIRE Attorney for Defendant, LISA TOMKINSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and As husband and wife Civil Action - Law Plaintiffs v. No. 04-:1041 Civil Term LISA TOMKINSON Jury Trial Demanded Defendant PRAECIPE TO WITHDRAW LOSS OF CONSORTIUM CLAIM In accordance with the enclosed praecipe I authorization provided by Plaintiff Edward Burton Jr., please withdraw Mr. Burton's claim for loss of consortium in the above referenced action and remove Mr. Burton's name from the caption of the case. The case caption, hereafter, should read as: Geri Rigg vs. Lisa Tomkinson. Count two representing loss of consortium is hereby withdrawn. Respectfully Submitted: MARTZ & GAILEY, LLP )~1'?)\ d- dt. d~ Date: 1'/-11 &~ ('V Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D. Number: 31097 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and As husband and wife Civil Action - Law Plaintiffs v. No. 04-:2041 Civil Term LISA TOMKINSON Jury Trial Demanded Defendant Praecipe to Remove Edward Burton, Jr. as Party to Above Action This certifies that I, Edward Burton, Jr., authorize Attorney Herman A. Gailey, III, to withdraw my claim for loss of consortium in the above referenced case. ~;l7l) Date ~A~~ Edward Burton . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and As husband and wife Civil Action - Law Plaintiffs vi. No. 04-~W41 Civil Term LISA TOMKINSON : Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I hereby certify that I have this d l{ ..JJ.. day of ~ /II, ,1:2005 served a true and correct copy of the foregoing Praecipe to Withdraw Lo~C~nsortium Claim on the following individual as set forth below by first class, United States pre-paid postage: Bernard J. Kelly, Esquire BASHLlNE & HUTTON Suite 1650 One PPG Place Pittsburgh, PA 15222 Respectfully Submitted: MARTZ & GAILEY, LLP ,k~lUJ).;A ;)!tJ~ Date: 14 6~ N Herman A. Gailey, III, Esquire 96 South George Street Suite 430 York, PA 17401 (717) 852-8379 I.D. Number: 31097 r-) c~~.., = cf' ;r:" c:: G-) N 0' \,<: C. ">" ~':J ~ ~ -~ o -n ,.... ::t:~ n1":::: -.~f:n C" '-( \~-2t-? ~c: :':'i ~ c:;(~ -=.'.:: rn ':;~ :0 '-< -s- - a> - "'~'. (1i.~'1JI.:~\:~\'f"j, ;},,;:~,1l'::m,~~~1::Il;:.. -' ," .- .., -- ,,";' .,-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERI RIGG and EDWARD BURTON, JR., individually and As husband and wife Civil Action - Law Plaintiffs v. No. 04-2041 Civil Term LISA TOMKINSON Jury Trial Demanded Defendant PRAECIPE TO SETTLE. DISCONTINUE & END Please mark the above-captioned action settled and satisfied. Please also issue a Certificate of Satisfaction. Respectfully submitted: MARTZ & GAILEY LLP Date: ~b Herma . G . ey, III, Esquire 96 th George Street S~e430 York, Pennsylvania 17401 (717) 852-8379 ID #: 31097 ............................................................................... I, Curt Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby aCkn~t:ledge that the above mentioned case settled, discontinued and ended on the IJ-I-L.- day of -'. 'P . 2006. 1'1 witness whereof I have hereunto set my hand and seal of said Court, this .1l!!:day of ~ ./.uJP _,2006. - I 1 Prothonotary ", 0 (;:::, ,~:-;:, ., ~ "n ,-- :T!.." , c,~: rilr= ~:~l~ 0~ , , C' " "~ (~) ,:-:0:;01"1 f'.) ~':-:; .r:- ~x-J -..: .-<