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HomeMy WebLinkAbout09-3884T DALE Fi^.c1fN?T7?9'?. P, V, Yoee?. Pnxmevivn??wsi>aoa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LENORE LIGHTY and NO. _ 388c? ?wil le?rM TRAVIS LIGHTY, Plaintiffs V. CIVIL ACTION - LAW LOUIS J. PORSI, JR., Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against 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 notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL LENORE LIGHTY and NO. TRAVIS LIGHTY, , Plaintiffs v CIVIL ACTION - LAW LOUIS J. PORSI, JR., , Defendant JURY TRIAL DEMANDED AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 aB.ey? 1:. .Meta rule ?;, 9il.. d", Y?.er. Pe_rrsr?vwv.ng?»o5 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 o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENORE LIGHTY and, TRAVIS LIGHTY, Plaintiff V. LOUIS J. PORSI, JR., Defendant NO. 09- 3$&'`f e l?v-- CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Lenore Lighty and Travis Lighty, wife and husband, are adult individuals residing at 220 Hillside Drive, East Berlin, Pennsylvania 17316. 2. The Defendant, Louis J. Porsi, Jr., is an adult individual residing at 115 Marbeth Avenue, Carlisle, Pennsylvania 17013. 3. On December 5, 2007, Plaintiff Lenore Lighty was the owner and operator of a 2007 Nissan XTerra bearing Pennsylvania registration plate DJC-5290. 4. On December 5, 2007, the Defendant was the owner and operator of a 2006 Pontiac Solstice bearing Pennsylvania registration plate TYNINI. 5. On December 5, 2007, at approximately 9:35 a.m., Plaintiff Lenore Lighty was Youx, Prc?arcvnp?w ??aors operating her vehicle southbound on S.R. 74 in Monroe Township, Cumberland County, approximately five (5) miles north of Dillsburg. 6. At that same time and place, the Defendant was operating his vehicle northbound on S.R. 74 when he crossed over the center line of the highway and entered the southbound lane of travel where he struck Plaintiff's vehicle head-on resulting in injuries and damages to the II Plaintiffs. 7. This accident occurred as a result of the negligence of the Defendant, and was due in no manner to any act, or failure to act, on the part of the Plaintiffs. 8. The negligence of the Defendant consisted of the following: a) Failing to properly operate and control his motor vehicle; b) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; C) Operating his motor vehicle with careless disregard for the safety of others, and the Plaintiffs in particular, in violation of 75 Pa.C.S. §3714; d) Failing to keep his vehicle on the right hand side of the roadway in violation of 75 Pa.C.S. §3301(a); e) Operating his vehicle on the left hand side of the roadway in violation of 75 Pa.C.S. §3306 (a); and f) Failing to operate his vehicle within a single lane of traffic in violation of 75 Pa.C.S. §3309 (1). 9. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNTI LENORE LIGHTY V. Yoev. Ptssex?eexans i?.an LOUIS J. PORSI, JR. 10. Paragraphs 1 through 9 are incorporated herein and made a part hereof as fully as though set forth at length. 2 11. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including, but not limited to, post-traumatic stress disorder, and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, and she will continue to incur medical expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of her earnings and impairment of her earning capacity, and the loss of income and impairment of earning capacity will, or may, continue in the future. 14. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish, embarrassment and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II TRAVIS LIGHTY V. LOUIS J. PORSI, JR. t'oa.. Pr.?neri?ou.w5??aoa 15. The allegations contained in paragraphs 1 through 14 are incorporated herein and made part hereof as fully as though set forth at length. 3 16. Solely as a result of the negligence of the Defendant, and the resulting injuries to his spouse, Plaintiff, Travis Lighty, has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great loss and detriment. Said losses may I continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney I.D. No. 29176 Two West Market Street Post Office Box 952 York, Pennsylvania 17405 (717) 846 - 0606 T)Ahm E' S?erca •ruw ?. 9?, Q'. Yoer, Vevvar?vnniws.>ron 4 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true Yoxx?. YevNF cc eor?s"105 and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Date: / TRAVIS EIGHTY G) R- E i C, R C, F. OF THE F C, {0 N" 2009 JUN i I I' 'j I- Q a 4'78.50 Po RrT cry 8a,539 ems' ou(0598 Sheriffs Office of Cumberland County R Thomas Kline 4 ,%V of f umb"", Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy oFFtce OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/12/2009 08:36 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2009 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Louis J. Porsi, Jr., by making known unto himself personally, defendant at 115 Marbeth Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, June 15, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff 2009-3884 Lenore .Lighty V Louis Porsi C'3 N f-' `O t' ; r rs-.iT 4 ?` J _. c -fir.; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENORE LIGHTY and CIVIL DIVISION TRAVIS LIGHTY, Plaintiffs, NO. 09 - 3884 v. PRAECIPE FOR APPEARANCE LOUIS J. PORSI, JR., (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17144 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENORE LIGHTY and CIVIL DIVISION TRAVIS LIGHTY, Plaintiffs, NO. 09 - 3884 V. (Jury Trial Demanded) LOUIS J. PORSI, JR., Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Louis J. Porsi, Jr., in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SJKEEL, L.L.P. By: Kgvin D. Ffauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 22ND day of June, 2009. Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: eWDAYI Rauch, Esquire ounsel for Defendant , OF THE 2099 JJ 'a 24 i"i"i 2: VII ?1?- ? ._ _ : I ?S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENORE EIGHTY and TRAVIS EIGHTY, Plaintiffs, CIVIL DIVISION NO. 09 - 3884 v. LOUIS J. PORSI, JR., Defendant. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Sum ~ rs, McDonnell, Hudock, Guthrie & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17144 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENORE EIGHTY and CIVIL DIVISION TRAVIS EIGHTY, Plaintiffs, NO. 09 - 3884 v. (Jury Trial Demanded) LOUIS J. PORSI, JR., Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Louis J. Porsi, Jr., by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that a collision occurred at the date, time, and place averred. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa. R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNTI 10. In response to paragraph 10, the Defendant reiterates and repeats all his responses in paragraphs 1 through 9 as if fully set forth at length herein. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Louis J. Porsi, Jr., respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNT II 15. In response to paragraph 10, the Defendant reiterates and repeats all his responses in paragraphs 1 through 9 as if fully set forth at length herein. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Louis J. Porsi, Jr., respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 17. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 18. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 19. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 20. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Louis J. Porsi, Jr., respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ._./ Date: ? /G ~ Louis . Porsi, #17144 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 5th day of August, 2009. Leah B. Graff, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8~ SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant ~° 1 fly Tt~r L:. " l,:S~~ 2~~ k,l~~ '~ i'i'i `~ C ~> ; ~,; L.~c:~ _ _ ~~w' ~ 2'' i l ~', ~ ,'y! C") PRAECIPE FOR LISTING CASE FOR TRIAL C r-- (lust be typewritten and snb=ittW W tr Fli*te) a fr: NO TO THE PROTHONOTARY OF CUMBERLAND COUNTY -fl Please list the following case: for JURY trial at the next term of civil court. ? for trial without a jury. -+ --------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Lenore Lighty and Travis Lighty (Plaintiff) VS. Louis J. Porai, Jr. (Defendant) VS. KJ Civil Action - Law ? Appeal from arbitration ? (other) The trial list will be called on and 8/21/12 Trials commence on 9/17/12 9/5/12 Pretrials will be held on Griefs are due S days before pretrials 09-3884 No. Indicate the attorney who will try case for the party who files this praecipe: Leah B. Graff, Esquire Indicate trial counsel for other parties if known: Kevin D. Rauch, Esquire Term This case is ready for trial. Signed: Print Name: Leah B. Graff CD 1, July , ® , 2012 Date: _ Attorney for: Plaintiffs tal l ff 16 ?7 LENORE EIGHTY and TRAVIS EIGHTY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~I v. CIVIL ACTION - LAW LOUIS J. PORSI, JR., Defendant 09-3884 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 21st day of August, 2012, defense counsel having appeared and represented to this Court that Plaintiff's counsel needed more time and concurred with the remo~ of this case from the trial list, this matter is hereby removed from the trial list. By the Court, ~' Leah B . Graff , Esquire Two West Market Street P.O. Box 952 York, PA 17405 For the Plaintiff ~ Kevin D. Rauch, Esquire 100 Sterling Parkway, STE 306 Mechanicsburg, PA 17050 For the Defendant y' Court Admin Prothonotary pcb ~o ~'~ es ~, . f fd ~~~~t ~i a YI~L 2' ,. ~~~ Christylee L. Peck, J. s N ~p~. ~~ 2 ~• -- ---f w --C p gal ~~ --3 ~` F C -,. "~ i i ~ - ~, i __ _ f I j ` 7 ,;~~ rT~I-~~rOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ~._ _ ~ ' ~ ^~ PENNSYL VANIA I,ENORE EIGHTY, and TRAVIS EIGHTY, NO.: 09-38234 Plaintiffs v. CIVIL ACT'iON -LAW LOUIS J. PORSI, JR., Defendant JURY TRIAL DF,MANDED PLAINTIFFS' MOTION FOR CONTINUANCE 1. The above captioned matter is scheduled for trial commencing on November 2F, I, 201 ~'. Attorney Leah B. Graff of the Law Offices of Dale E. Anstine has previously entered her ~~, appearance for the Plaintiffs. 2. As of October 19, 2012, Attorney Graff is no longer an employee of the Law, Office of Dale E. Anstine. 3. The undersigned counsel has taken over the handling of this matter and has filed an entry of appearance on behalf of Plaintiffs. 4. Because the undersigned counsel has only just taken over representation of the Plaintiffs, Plaintiffs submit that it would be unfairly prejudicial to commence the trial o^ ', I~;ovcmber 26, 2012. I ~. The wldersigned counsel has discussed continuing the case ~tivith defense counsel ~~ Kevin D. Rauch, Esquire and Attorney Rauch concurs in the request for continuance. I 6. A pre-trial settlement conference was conducted on Mai 22, 2012 by the dl as t, ~: ~a~Tda aa.I°- d'. ~~ ~° .. ;' Honorable Judge Rowley and following that conference, the case had been previously listed for ,~,w. , ,..~~,,.,.., ,.~, . ~~~ ~~ ~ trial commencing on September 18, 2012. I' 7. The case was continued from the September trial list by agreement of counsel by order of Court dated August 21, 2012. 8. In addition to the potential prejudice to the Plaintiffs in mou~ing forward with the trial with this late change in counsel, the undersigned counsel and counsel for the Defendant also submit to the Court that there is potential for further settlement negotiations. WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant their motion for a continuance and strike this matter from the trial list for No~~ember and place the matter on the next Civil Trial list. e.,.,~, r,...,. ~ .... i„ v ,,, RESPECTFULLY SUBMITTED: LAW OFFI ~~S_OF DALE E. ANST[NE, P.C. %,,, r David M. Po lick ,Esquire Attorney LU. #34368 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I.ENORE EIGHTY, and TRAVIS EIGHTY, NO.: 09-3884 Plaintiffs ~ CIVIL ACTION -- LAW ~'• ~ I LOUIS J. PORSI, JR., . Defendant JURY 'TRIAL., DEMANDED CERTIFICATE OF SERVICE '~ AND NOW, this=~ ``~ f _ day of `~~ `~ , ?012, I, David M. Pollick, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the I within and foregoing document by first class United States mail, postage pre-paid, addressed to the i party or attorney of record as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock ~'~~ Guthrie and Skeel, LLP Firm #911 ~ 100 Sterling Parkway, Suite 306 ~ Mechanicsburg, PA 17050 ~ RESPECTFULLY SUBMITTF;D: LAW OFFICE OF DALE E. ~~NSTINE, P.C. __. .V, ; ,.. ~ `, 1` David M. Pollick, ,squire IN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA j i LENORE EIGHTY, and TRAVIS EIGHTY, NO.: 09-3884 Plaintiffs CIVIL ACTION -LAW v. ~ I LOUIS J. PORSI, JR., Defendant J1JRY TRIAL llF.MANDED ~ PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: David D. Buell Kindly enter the appearance of David M. Pollick, Esquire, of Dale E. Anstine, P.C., as ~ i coE.u~sel for the Plaintiffs in the above-captioned matter and mar}< the docket ac,~ordin`ly. RESPECTFULLY SUBMITTED: LAW OFFICE OF DALE E. ANSTINE, P.C. _~~, ~._--. %,~~-~' David M. Pollick, Esquire Attorney ID No. 34368 2 West Market Street Post Office l3ox 952 York, PA 1 "7405 (717) 846 - 0606 i„~~ r~...a.~...,, ~.. ~~.~~.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I.ENORE EIGHTY, and TRAVIS EIGHTY, NO.: 09-3884 Plaintiffs CIVIL ACTION -LAW v. '~ LOUIS J. PORSI, JR., , Defendant JiJRY TRIAL. DEMANDED CERTIFICATE OF SF,RVICE AND NOW, this ~'~ ~ day of ~~~-- ~ _, 2;012, [, David M. Pollick, a member of the Law Off ces of Dale E, Anstine, P.C., hereby certify that I have this date served a copy of the within and foregoing document by first class United States mail, postage pre-paid, addressed to the '~ party or attorney of record as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock Guthrie and Skeel, LLP Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 RESPECTFULLY SUBMITTE,I,: LAW OFFICE OF DALE E. ANSTINE, P.C. ---, ,r ,. ~, -~ ---- - - David M. Pollick, Esquire S).V 1. }` 9:, .~gPiT l:3'i:, N'. ~{' 1'r, ~a~~. 1'i...,~~~~i~v~.~.i~~ .-. e. i- LENORI~ EIGHTY and IN THE COURT OF COMMON PLEAS OF TRAVIS I.IGHTY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ~'. CIVIL ACTION -LAW LOUIS J. PORSI, JR., : Defendant NO. 09-3884 CIVIL TERM IN RE: PLAINTIFFS'MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 15` day of November, 2012, upon consideration of Plaintiff's Motion for Continuance, the motion is granted and the above case is stricken from the Civil Jury Trial List for November 2012. The parties are responsible for re-listing the case for the next civil trial term of court. BY THE COURT', ,/David M. Pollick, Esq. Two West Market Street P.O. Box 952 York, PA i 7405 Attorney for Plaintiffs /Kevin D. Rauch, Esp. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Christi ee L. Peck, J. ~, ,_., ~ ~..,, ~~ ~ ~~' x ~; u ~_ ~c ~ `-' ~, r c:. r, -~ ra .:.~ :rc ~,~GG ! '!r i !, rli{a 7 rr; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENORE LIGHTY and CIVIL DIVISION TRAVIS LIGHTY, Plaintiffs, NO. 09 - 3884 v. MOTION TO COMPEL RESPONSE TO REQUEST FOR PRODUCTION OF LOUIS J. PORSI, JR., DOCUMENTS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 #17144 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LENORE LIGHTY and CIVIL DIVISION TRAVIS LIGHTY, Plaintiffs, NO. 09 - 3884 v. (Jury Trial Demanded) LOUIS J. PORSI, JR., Defendant. MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Defendant, Louis J. Porsi, Jr., by and through his attorneys, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Response to Request for Production of Documents and in support thereof avers the following: 1. This action arises out of a motor vehicle accident that occurred on December 5, 2007. 2. As a result of the accident, the Plaintiffs are alleging personal injuries and damage therefrom. 3. On February 21, 2014, Plaintiff's counsel informed the undersigned that the Plaintiff is awaiting a decision on an Application for Social Security Disability Benefits. 4. As a result, on June 24, 2014, the undersigned served a Request for Production of Documents seeking any documentation, applications, or assessments completed by the Plaintiff or her treating physicians in support of an Application for Social Security Disability Benefits. 5. The Response to the Request for Production of Documents was due July 24, 2014. 6. Despite repeated informal requests for the same document prior to issuing a formal discovery request, no response at all has been received. 7. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Responses to the Defendant's Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiff's discovery responses have not been received. 10. Opposing counsel does not concur in this Motion. 11. The Honorable Christylee Peck was the last Judge involved in this case. She granted a Motion for Continuance of Trial in November of 2012. WHEREFORE, Defendant, Louis J. Porsi, Jr., respectfully requests this Honorable Court enter the attached Order compelling the Plaintiffs discovery responses. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE,P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 5th day of August, 2014. David P. Pollick, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant LENORE LIGHTY and TRAVIS LIGHTY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW LOUIS J. PORSI, JR., Defendant : NO. 09-3884 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 11th day of August, 2014, upon consideration of Defendant's Motion To Compel Responses to Request for Production of Documents, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Of_ Chri tylee L. Peck, J. David M. Pollick, Esq. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiffs in D. Rauch, Esq. 945 East Park Drive Suite 201 Harrisburg, P)A 17111 Attorney for Defendant :rc ce_s LEcL fzPY cti r,.., "ID Z � -I COr*I . =-. -, ., = M c ri1 .<> r c 1' y, c CO CD -•c w =3 -<.