The URL can be used to link to this page

Home My WebLink About09-6131WILLIAM P. DOUGLAS, ESQ. 43 W. SOUTH ST. POB 261 CARLISLE PA 17013 Attorney ID#: 37926 TELEPHONE 717-243-1790 JAMES J. COLE, 1420 New Rd., Orrtanna, PA 17353, Plaintiff VS. VICKY LYNN GRAHAM, 2292 Pine Grove Rd., Fayetteville, PA17222, Defendant To: Curtis R. Long, Prothonotary In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2009 - (o 131 Civil Action - Law Jury Trial Demanded PRAECIPE Civil -Fe" Please issue a Writ of Summons against Vicky Lynn Graham, as a result of an automobile accident occurring September 24, 2007. \V,?4--- U?Mbc?- William P. Douglas, Esquire Attorney for Plaintiff 43 W. South St., Carlisle, PA 17013 717-243-1790 DATE: September 8, 2009 WRIT OF SUMMONS To: Vicky Lynn Graham, 2292 Pine Grove Rd., Fayetteville, PA 17222 And Now, this day of September, 2009, a Writ of Summons is issued in accordance with the above praecipe. Date: September "'d 2009 _rl Curtis R. L o notary RLED-cri ICE OF T PROTHONOTARY 2009 SEP --9 PM 12: 39 6.? ,.-;vrt au.£'??i}1i v[..t Cll?A' PENNSYLVA,*N O-Y-'t 1452 Pte' a3o300, WILLIAM P. DOUGLAS, ESQ. C7 4 43 W. SOUTH ST. C , POB 261 " CARLISLE PA 17013 ? t? ???? Attorney ID#: 37926 ? I ?p TELEPHONE 717-243-1790 JAMES J. COLE, 1420 New Rd., Orrtanna, PA 17353, Plaintiff VS. VICKY LYNN GRAHAM, 2292 Pine Grove Rd., Fayetteville, PA17222, Defendant In the Court of Common I of= Cumberland County, Pennsy aniE> W R- V No. 2009 - (0131 l:?vil Z," Civil Action - Law Jury Trial Demanded To: Curtis R. Long, Prothonotary PRAECIPE Please issue a Writ of Summons against Vicky Lynn Graham, as a result of an automobile accident occurring September 24, 2007. William P. Douglas, Esquire Attorney for Plaintiff 43 W. South St., Carlisle, PA 17013 717-243-1790 DATE: September 8, 2009 WRIT OF SUMMONS To: Vicky Lynn Graham, 2292 Pine Grove Rd., Fayetteville, PA 17222 And Now, this day of September, 2009, a Writ of Summons is issued in accordance with the above praecipe. Date: September ',2009 ?74 s R. Lo )tary Sheriffs Office of Cumberland County FlLED-;;1`FiCE R Thomas Kline I Sheriff TIC ''1T??Ot?(?x ?ati?',?t•, of rr/,?? Ronny R Anderson 14 2009 OCT -5 Ali 11: 03 Chief Deputy j Jody S Smith CUMH, ` .i ', jUN Civil Process Sergeant PENN&YLVANA Edward L Schorpp Solicitor James J. Cole vs. Vicky Lynn Graham SHERIFF'S RETURN OF SERVICE Case Number 2009-6131 09/11/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Vicky Lynn Graham, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Writ of Summons according to law. 10/01/2009 Franklin County Return: And now, September 30, 2009 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Vicky Lynn Graham the defendant named in the within Writ of Summons and that I am unable to find her in the County of Franklin and therefore return same NOT FOUND. SHERIFF COST: $37.44 SO ANSWERS, October 01, 2009 R THOMAS KLINE, SHERIFF ~i~~~~Jl,.:-1 ~L. 1DiQ ~~!?~ -9 iii i0~ i 9 CUi~t~~ ~ s.~r.~}uhT( DOUGLAS LAW OFFICE 43 WEST SOUTH STREET CARLISLE PA 17013 TELEPHONE 717-243-1790 James Cole vs Vicky Lynn Graham Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 09 - 6131 Civil Term Civil action law Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 toll free (800) 990-9108 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 BY ~. DATE: une 2010 Complaint 1. The plaintiff, James Cole, is an adult individuals residing at 1420 New Road, Ortanna, Adams County, Pennsylvania. 2. The defendant, Vicky Lynn Graham, is an adult individual residing at 2292 Pine Grove Road, Fayetteville, Franklin County, Pennsylvania. 3. The plaintiff and defendant were both operating their vehicles in the area of the fairgrounds in Franklin Township on or about September 24, 2007. 4. On the aforesaid date the plaintiff was operating his vehicle directly in front of the defendant. 5. At about the same time and place, the defendant struck the rear end of the plaintiff's vehicle while he was stopped at a stop sign. 6. The front of the defendant's vehicle struck the rear end of the plaintiff's vehicle. 7. The impact occurred as a direct and proximate result of the defendant's negligence. 8. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; c) failing to operate her vehicle in a safe and prudent manner; d) failing to stop her vehicle before she collided with the plaintiff. e) failing to obey traffic control devices and yield the right-of-way. 9. As a direct and proximate result of the negligence of the defendant the plaintiff, Jams Cole, was injured. His injuries, and/or aggravation of possible pre-existing condition(s), include but are not limited to: a) injury to his nerves and nervous system; b) injury to his spine and supporting structures; 10. As a result of his injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future in amounts that may not be covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 11. As a result of his injuries, the plaintiff has incurred pain and suffering and may continue to incur the same in the future. 12. As a result of his injuries, the plaintiff has incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and may continue to incur the same in the future. 13. As a result of the injuries the plaintiff sustained on September 24, 2007, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully submitt , ,~ William P. Douglas, E June 9, 2010 Attorney for Plain AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William P. Douglas Attorney for Plaintiff Date: June 9, 2010 ~1t ~ ° _ William P. Douglas, Esq. ~~~~,~~~. ~~ ~~~~~ `~~~ ~~~~ Supreme Court I.D. #37926 Douglas Law Office t h S ' ;^, u?'~:-> ~~ `""~ ~~ D tree 43 West Sout Carlisle Pa 17013 i ~'E.i .~ +..~'~' ~~.r~ '~'° Telephone 717-243-1790 James Cole In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 09 - 6131 Civil Term Vicky Lynn Graham Civil action law Defendant Jury Trial Demanded Acceptance of Service I, Kevin D. Rauch, Esq. or Micah Saul., Esq., as counsel for the defendant Vicky Lynn Graham, hereby acknowledge receipt of a copy of the Writ of Summons and Complaint and hereby accept service thereof on behalf of the aforesaid defendant. ~w~ ~ Date; ZI , 2010 ^-' ~ ~'TTS' Kevin D. Rauch, Esq. Micah Saul, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 krauch~summersmcdonnell.com Attorney for Defendant Vicky Lynn Graham 2010 f,' 1 3 1', 2: 42610 &IG- X A8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. COLE, Plaintiff, V. VICKY L. GRAHAM, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from s ice ereof or a judgment may 4"Ok?;Winst you. & Skeel, P. C. Hudock, #17782 CIVIL DIVISION NO. 2009-06131 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 170501 (717) 901-5916 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,' PENNSYLVANIA CIVIL DIVISION JAMES J. COLE, Plaintiff, V. NO. 2009-06131 (Jury Trial Demanded) VICKY L. GRAHAM, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Vicky L. Graham, by and through her 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 in part and denied in part. It is admitted that the Defendant lives at 2292 Pine Grove Road, Fayetteville, Pennsylvania. It is specifically denied that she is a resident of Franklin County. By way of further answer, the Defendant's address is located in Adams County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that a collision occurred between the identified vehicles on the averred date, time and place. The remainder of 6. Admitted in part, denied in part. It is admitted that a collision occurred between the identified vehicles on the averred date, time and place. The remainder of the averments in this paragraph are denied and strict proof thereof is demanded at the time of trial. 7. It is admitted that the Defendant was negligent in the operation of her motor vehicle on the averred date, time and place. The remainder of the allegations in Paragraph 7 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 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 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. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Vicky Graham, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 14. 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. 15. 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. 16. To the extent that the Plaintiff has selected the limited tort option or is 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. WHEREFORE, Defendant, Vicky Graham, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. P.C.- By: _ u ',-? vi D. Rauch, Esquire ounsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has fumished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: - ? _ 1 Vi L. raham #17782 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 11th day of August, 2010. William Douglas, Esquire 43 W. South Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK GUTHRIE & SKEEL. P.C. By: n D. Rauch, Esquire nsel for Defendant 4. . (` t r : r;' -- a6 i PRY t 'G 31 PM 2: 29 CU?ri 4 r"i i, , q-' ,f LINTY PE1?l; d YLVANA James ;J. Cole, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. No. 2009-6131 Vicky L. Graham, Defendant Civil Action Law Plaintiff's Reply to New Matter 14. Denied as a legal conclusion to which no response is necessary. 15. Denied as a legal conclusion to which no response is necessary. 16. Denied as a legal conclusion to which no response is necessary. WHEREFORE, it is prayed that the New Matter of the Defendants be dismissed. Respectfully submitted, August 010 Date DOUGLAS LAW OFFICE 1 - S 6z-, William P. Douglas, Esq. 43 West South Street Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff .,w VERIFICATION William P. Douglas hereby verifies that the facts set forth in the foregoing compliant are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. r-? August 19, 2010 Date William P. Douglas, Es re Attorney for Plaintiff FILER-OFFICE OF THE PROTHONOTARY ?913MAY20 AM II: 43 CUMBE-RLAP40 COUNTY PENNSYLYANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAMES J. COLE, Plaintiff, NO. 2009-06131 V. MOTION TO COMPEL SUPPLEMENTAL DISCOVERY RESPONSES VICKY L. GRAHAM,., 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 and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JAMES J. COLE, Plaintiff, NO. 2009-06131 V. (Jury Trial Demanded) VICKY L. GRAHAM, Defendant. MOTION TO COMPEL SUPPLEMENTAL DISCOVERY RESPONSES AND NOW, comes the Defendant, Vicky Graham, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. and Kevin D. Rauch, Esquire, and files the within Motion to Compel Supplemental Discovery Responses and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on September 24, 2007, at approximately 5:00 p.m., on South Mt. Fairground Road in Arendtsville, Adams County, Pennsylvania. 2. As a result of this accident, the Plaintiffs filed a Complaint sounding in negligence and alleging personal injury. 3. On September 26, 2012, the Defendant served the Plaintiffs with Supplemental Interrogatories relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated September 26, 2012, is attached hereto as Exhibit "A".) i 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiffs' Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by October 25, 2012. 5. Defendant's counsel forwarded multiple letters to Plaintiffs counsel requesting that he respond to the outstanding discovery. 6. To date, the Defendant has not received any response from the Plaintiff or Plaintiffs counsel regarding the Defendant's discovery request. 7. It is necessary for the proper defense of this lawsuit that the Plaintiff files full and complete responses to Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable Court enter an Order directing Plaintiffs to provide the Defendant with full and complete Answers to Defendant's Supplemental Interrogatories within twenty (20) days or suffer additional sanctions. 9. Pursuant to Local Rule 208.3(a), no judge has previously ruled upon any other issues in this matter. 10. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs' counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs' Discovery Responses have not been received by Defendant's counsel. WHEREFORE, Defendant, Vicky Graham, respectfully requests this Honorable Court enter an Order compelling Plaintiffs to provide full and complete Answers and Responses to Defendant's discovery requests. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEE14 P.C. By: evin . Rauch, Esquire Counsel for Defendant Department of Defense Manpower Data Center Results as of:Apr-30.201307:49:12 SCRA 3.0 "i4r�rb SLR'aVida? Report i Pursuant to rServicemembers Civil Relief Act Last Name: SPOTTS First Name: DOUGLAS Middle Name: Active Duty Status As Of: Apr-30-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component Oct-062012 Still Serving Yes Army National Guard This response reflects the Individuals'active duty status based on the Active Duty Status Date Leff Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the Individual or histher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. iA Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 DEFENDANT'S EXHIBIT A The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the ,individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: M2K5GD7BEOB2U90 FOR OFFICIAL USE ONLY - PRIVACY ACT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF MILITARY AND VETERANS AFFAIRS THE ADJUTANT GENERAL ANNVILLE, PENNSYLVANIA 17003-5002 ORDERS 230-208 17 August 2012 SPOTTS DOUGLAS L 209-60-3170 SFC CO C 1ST BN 109TH INF (PGRCO-910) 6271 RT 209 LYKENS PA17048 Home Station: 106 ARDMORE AVE TAMAQUA PA 18252 You are ordered to active duty as a member of your Reserve Component Unit for the period indicated unless sooner released or .unless extended. Proceed from your current location in sufficient time to report by the date specified. You enter active duty upon reporting to unit home station. REPORT TO HOME STATION: 06 October 2012 NEW MILFORD REPORT TO MOB STATION: 09 October 2012 CP Shelby Period of active duty: Not to exceed 400 days Purpose: In Support of: Operation Enduring Freedom (OEF) Mobilization Category Code: G . Additional instructions: (a) Funds are available upon the U.S. Congress Enacting FY13 .Defense Appropriation. (b) Army One Source is available to assist soldiers and family members to seek solutions in dealing with life' s issues and questions during deployment . Contact by phone at (US 1-800-464-8107) or outside the US at (1-484-530-5889) (c) This is an unaccompanied tour. Storage of HHG and/or one POV is authorized for single soldiers; soldiers married to another service member when both are deployed; soldier married to another service member residing at different permanent duty stations; and soldiers who are single parents with a childcare plan that requires the dependent to leave the residence:. When RC Soldiers execute storage option for HHG, BAH is not authorized (d) If authorized, RC Soldiers will coordinate with the installation transportation officer (ITO) to ascertain the requirements/availability to store. a vehicle on the installation. RC Soldiers will first ascertain the availability of vehicle storage at the unit prior to contacting the ITO (e) Direct Deposit is mandatory. Bring the appropriate documentation to authorize deposit to the bank (SF 1199) . Bring copies of marriage certificate, divorce decree, birth certificate of natural children or documentation of dependency/child support, family care plan, wills, powers of attorney and other documents affecting pay status. Pay status repbrte:d in DJMS-RC A24 . Transaction must be (Alpha) 0. Per Diem authorized IAW "FTR (f) ID Card and Tags required on person while on Government orders. Panographic Dental X-Rays or SF 603 and HIV Screen required if not current. You and your dependents, as your agents, authorized PX/COM/THEATER and medical care during the period covered by this order; The National Defense Authorization Act 2004 sec 703 authorizes early eligibility for healthcare benefits. (g) Individual ordered to ADT with. consent of the Governor and the State Adjutant General FOR OFFICIAL USE ONLY - PRIVACY ACT DEFENDANT'S E XHIBIT FOR OFFICIAL USE ONLY PRIVACY ACT ORDERS 230-208 HQ PA NG, OTAG, 17 August 2012 Additional instructions (cont) : (h) Demobilization of units is prohibited without prior approval of HQ DA. Individual members of the unit will demobilize with the unit unless provisions of AR 635-100 or AR 635-200 apply; Send DD Form 214 to unit of assignment. You will return to the place of initial entry on Active Duty for out processing/refract. (i) Dependents of RC Soldiers ordered to active duty for more than 30 days are eligible for the same benefits (e.g. , medical care, TRICARE, commissary/PX benefits, legal assistance, use of MWR facilities, etc) as dependents of regular Army Soldiers (but excluding dental, which requires orders- to AD for over 180 days) For TRICARE details call 1-888-874-2273 or go to www.tricare.osd.mil/reserve/ .or email TRICARE_help@ammedd.army.mil (j ) The Soldier is responsible to ensure dependents are issued DD Form 1172, Active Duty dependent ID cards. To locate the nearest ID card facility visit web site www.dmdc.osd/rsl (RAPIDS site locator by state, city, zip code) W The soldier will be excluded from the active army end-strength per 10 USC 115 and will not be placed on the active-duty list (10 USC 620 and 10 USC 641) (1) Pursuant to Presidential Executive Order 13223 (14 Sep 2001) , you are relieved from your present Reserve Component status and are ordered to report for a period of active duty not to exceed 25 days for mobilization processing. Proceed from your present location in sufficient time to report by the date specified. (m) If upon reporting for Active Duty you fail to meet deployment medical standards (whether because of a temporary or permanent medical condition) , then you may be released from Active, Duty, returned to your prior reserve status and returned to your home address, subject to a subsequent order to active duty upon resolution of the disqualifying medical condition, (n) If upon reporting for Active Duty, you are found to satisfy medical deployment standards, then you are further ordered to Active Duty for a period not to exceed 400 days, such period to include the period (not to exceed 25 days) required for mobilization processing. (o) Call 1-800-336-4590 (National Committee for Employer Support of the Guard and Reserve) or check on-line at www.ESGR.org if you have questions regarding your employment or re-employment rights (p) Excess baggage is authorized. (q) Meals and lodging will be provided at no cost to the Soldier. Claims for reimbursement require a statement of non-availability control number. (r) FORUNRESOLVED PAY ISSUES, CONTACT THE ARNG Pay Ombudsman at toll-free 1-877-ARNGPAY or by email at ARNG-MILPAY@-ARNG-FSC.NGB.ARMY.MIL FOR ARMY USE Auth: Title 10 USC Section 12302 FOR OFFICIAL USE ONLY PRIVACY ACT FOR OFFICIAL USE ONLY - PRIVACY ACT ORDERS 230-208 HQ PA NG, OTAG, 17 August 2012 Acct clas: Enl pay/alw: 213/4/5 2010.000001-1100 P2A200 ll**/12** VFRE F1201 5570 01ENGU S12120 Enl tvl/pd: 2132020..0000 OB1 B1TC 12101220FlM 21T1/21T2 2EAZVC AZVC2E 012161 Enl. pay/alw: 214/4/5 2010.0000 01-1100 P2A200 ll**/12** VFRE F1201. 5570 01ENGU S12 Enl tvl/pd: 2142020.0000 OB1 B1TC 12101220FlM 21T1/21T2 2EAZVC AZVC2E 012161 SDN: SPO3170T230208 Sex: M MDC: PM PMOS/AOS/ASI/LIC: 91X4, YY YY HOR: 6271 RT 209 LYKENS PA17048 DOR: 01-NOV-07 PEBD: 28-APR-82 Security Clearance: N Comp: ARNGUS Format : 165 FOR THE ADJUTANT GENERAL: \\ HQ, PAARNG \\ OFFICIAL DISTRIBUTION: MARC FERRARO DCSOPS-T COL, GS, PAARNG Chief of Staff FOR OFFICIAL USE ONLY - PRIVACY ACT DEPARTMENT OF THE ARMY Camp Shelby Joint Forces Training Center Camp Shelby, Mississippi 39407-5500 O"ERS: CS-332-0254 27 November 2012 SPOTTS, DOUGLAS LAMAR 209603170 SFC 0109 IN BN 01 CO C ARMOR HBCT (WPGRCO) You are deployed in a Temporary Change of Station (TCS) status as shown below and are to return to your permanent station upon completion of your tour in support of this operation. You will submit a reviewed travel voucher for this travel to the finance office within 5 working days after return to home station. Assigned to: 0109 IN BN 01 CO C ARMOR HBCT (WPGRCO) Purpose:Deployment will be in support of OPERATION ENDURING FREEDOM ARIFJAN, KUWAIT Number of days:Not to exceed 345 days. Will proceed on or about: 30 November 2012 Security Clearance:NONE, NATIONAL AGENCY CHECK WITH INQUIRIES 26 July 2006 Accounting classification: 21 3 2020.0000 OB1 B1TC 12101220FIM 21T1/21T2 2EAZVC SP03170T230208 AZVC2E 012161 Funds are available upon the U.S. Congress Enacting FY13 Defense Appropriation. Funding is authorized only for the fiscal year indicated on this order. Amendments will be required for subsequent fiscal years. Soldiers and authorized Army officials must sign into https://mobcop.army.mil/DAMPSCTCS to retrieve copies of orders/amendments. SDN: SP0317OT230208 Customer Identification Code(CIC): 2320BlAZVC12161 Movement designator code: PME3 Will Proceed Through:N/A Demob Station: CP Shelby Additional instructions:N/A Weapon:N/A FTN: 11300013261 a. This a Temporary Change of Station (TCS) , Soldiers will be attached to TCS duty stations. Normal PCS entitlements, allowances, and relocation of family members are not authorized. Consolidated Personnel Policy Guidance (PPG) for Operations Iraqi Freedom and Enduring Freedom is found on the DCS, G-1 web site http://www.armygl.army.mil/militarypersonnel/policy.asp b. Soldiers must secure a reservation for the CONUS replacement center (CRC) in order to attend the mandatory training en route to the CENTCOM AOR if applicable. Commands will call Army Travelers Assistance Center (ATAC) at 1-800-582-5552 or send an email to atac@hoffman.army.mil. CBA authorized for TCS CONUS Travel (VARIATION NOT AUTHORIZED) . All transportation to/from the CENTCOM AOR is funded by ARCENT. Commercial air is not authorized to/from the CENTCOM AOR without prior approval or authority of the ARCENT CDR. The IMCOM LOA above must not be used to fund any transportation to/from the CENTCOM AOR. Use of IMCOM OCO TCS funds for commercial transportation is not authorized for travel to/from the AOR under any circumstance. The Line of Accounting (LOA) contained on this order may be used to procure commercial transportation between the Home or Record (HOR) , Home Station (HS) and Mobilization Station (MS) for individual Reserve Component (RC) Soldiers, but not for unit/group transportation (chartered air/bus) . Army Materiel Command (AMC) is the executive agent for unit/group transportation between HOR, HS and MS. c. Temporary storage of HHG authorized as provided by paragraph U4770A-A of the JFTR, but may impact on your BAH authorization. Contact your local transportation office for assistance. For BAH questions, please contact your supporting finance office. d. Travel by POV is authorized if duty is in CONUS as not advantageous to the government; cost of transportation is limited to Official Directed Mode; reimbursement is limited to the government cost of transportation. POV storage may be authorized, contact the local Installation Transportation Office (ITO) for assistance. e. Soldiers are authorized shipment of 4 checked bags - one personal bag and two issued bags of OCIE (not to exceed 70 lbs/bag) and 1 standard carry-on bag on AMC/contracted flights. When AMC or contracted transportation is not available, Soldiers are authorized 4 checked bags weighing more than 501bs to a max of 70lbs per bag authorized as excess baggage. f. Temporary Duty (TDY) Household Goods (HHG) Weight allowance is authorized for CONUS and OCONUS based personnel that are on active duty for a period greater than 200-days, excluding those areas designated as Hostile Fire/Immediate Danger Pay areas. g. You will bring only those items specified by the PPG or other appropriate authority. A list of those items will be provided by the servicing personnel service center/company. DEFENDANT'S EXHIBIT Page 1 i - 11iis is an offlicial order gencraled in DAMPS-OC()"I"CS r ORDERS: CS-332-0254 27 November 2012 h. Soldier readiness processing will be accomplished prior to departure from losing installation/home station per chapter 4, AR 600-8-101. Losing installation commander will determine the extent of out-processing. Soldier will hand carry out-processing packet; field Military Personnel Records Jacket (MPRJ) along with associated transfer documents, . records, and deployment packet to the gaining PSC or replacement activity. i. Government quarters and dining facilities will be used at the replacement activity and during deployment. Essential Unit Mess (EUM) has been declared by Assistance Secretary of the Army (Manpower and Reserve Affairs) ASA(M&RA) for the mobilization and demobilization sites not to exceed (10) days. Per diem payable is $5.00 per day for CONUS and $3 .50 per day for OCONUS for this period of duty. j . Within 48 hours of receiving these orders, the Soldier must check with the supporting installation housing office before security temporary lodging at the duty location and obtain a 1351-5 authorizing the appropriate entitlements for lodging and M&IE. With a SNA, the Soldier is authorized 100% of the local per diem rate when orders are for 179 days or less with receipts, however, the authorized per diem rate will be 55% of the local lodging, meals, and incidental per diem rate when the initial orders is for 180 days or more, or if subsequent orders exceeds 179 days within a 12 month period. k. For Soldiers residing on installations, the per diem rate paid is based on availability of lodging and meals found in the world wide listing W/O official travel Government Quarters found at the following link: http://www.armymwr.com/portal/travel/lodging/. 1. During period of assignment/deployment, gaining/deployed unit commander has responsibility for personnel service support to include awards and decorations, UCMJ, and all other forms of personnel and legal administration support except Reserve Component promotional authority. m. For active duty Soldiers, Basic Allowance for Housing (BAH) is based upon their permanent duty station. For RC Soldiers and retired Soldiers called or ordered to active duty, BAH is based on principal residence when ordered to active duty in a Temporary Duty (TDY) Status. Shipment of HHG and movement of dependents are not authorized in a TDY status. n. Soldier may submit interim travel voucher if otherwise entitled to per diem and/or travel for the monthly payment of accrual travel payment. Care should be taken to keep all required documents to support payments/request for payments. Soldier must submit all ASA(M&RA) waivers and SNAs issued when filing claims. All supporting documents must accompany the final settlement voucher. o. Use of leave during this deployment is recommended for all Soldiers. A copy of the leave record will be submitted upon completion of this operation with the final settlement voucher. If unable to take leave during this period of duty, selling back leave, with "no impact", applies only to RC Soldiers. The only option for AC Enlisted Soldiers is a one-time opportunity to sell back leave in excess of 120 days. The days sold back will be "charged" against their current leave balance and count against the 60 day career sell back limit. AC Officers do not have this option. p. Additional movement requirements will be completed using amendment orders, order format 401 or 700, as appropriate. q. Soldiers will logon to the AKO website at https://www.us.army.mil/portal/portal_home.jhtml and establish an AKO email account. Format: 401 FOR THE COMMANDER: JFT�C:� C? Shelby 'w \ l O F�'1C'LC Lr TIMOTHY P. HERRINGTON LTC,EN DPCA Director DISTRIBUTION: 1- Cdr, CP Shelby 1- Cdr, WPGRCO, 0109 IN BN 01 CO C ARMOR HBCT, NEW MILFORD Page 2 • This is an official order generated in DAMPS-0001"CS • To Whom It May Concern, I SCF Douglas Spotts am member of the Pennsylvania National Guard currently deployed In Camp Buehring, Kuwait in support of Operation Enduring Freedom. I will be returning to the United States and released from Active Duty Orders, anticipated sometime in September 2013. D 'ally.g SPOTTS.DOUGLAS.LAMAR.1 SnOTTC.DOUG A S.LA M A D DN:c=US =U.S.Gwernment,oDoD, =PKl, =USA, _SPOTTS.DOUGLAS.LAMARA 041048332 1041048332 Date:3013.05.091 S:18 12+03'00' Respectfully Yours, Douglas Spotts DEFENDANT'S EXHIBIT a �. DEPARTMENT OF THE ARMY CHARLIE COMPANY,15T BATTALION,109TH INFANTRY REGIMENT CAMP BUERHING,KUWAIT APO AE 09330 3 " NGPA-CAB-CCO 7 MAY 2013 MEMORANDUM FOR RECORD SUBJECT: SFC SPOTTS, DOUGLAS 1. The purpose of this memorandum is to verify SFC Douglas Spotts' status under the Servicemember's Civil Relief Act (SCRA). 2. SFC Spotts is currently deployed to Camp Buehing, Kuwait in support of Operation Enduring Freedom. Operational requirements as well as Army Central Command (ARCENT) and Area Support Group-Kuwait(ASG-KU) leave policy prohibits SFC Spotts from returning to the Continental United States until his Release From Active Duty (REFRAD), which is anticipated to occur sometime in September of 2013. 3. POC for this memorandum is CPT Thomas A. Rebuck (telephone: Defense Switched Network(DSN): 318-824-2181; email: thomas.a.rebuck.in l(a)mail.mil). "..,""w REBUCK.THOMAS.A„.;„ ' "„;°°'�;,� LLENA 035989724 THOMAS A. REBUCK CPT, AR Commander THOMAS A. REBUCK CPT, AR Commanding r�l■■ DEFENDANT'S EXHIBIT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL SUPPLEMENTAL DISCOVERY REQUESTS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 17th day of May, 2013. William Douglas, Esquire 43 W. South Street Carlisle, PA 17013 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE 84SKEEL, PA. By: Kvi'n DI Rauch, Esquire Counsel for Defendant JAMES J. COLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW VICKY L. GRAHAM, Defendant NO. 09-6131 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL SUPPLEMENTAL DISCOVERY RESPONSES ORDER OF COURT AND NOW, this 28h day of May, 2013, upon consideration of Defendant's Motion To Compel Supplemental Discovery Responses, 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, Christy WeT Peck, J. William P. Douglas, Esq. 43 West South Street Carlisle, PA 17013 Attorney for Plaintiff -I- Kevin D. Rauch, Esq. 100 Sterling Parkway Suite 306 C= Mechanicsburg, PA 17050 -.0-Z I n Attorney for Defendant 5E::0 :rc co A-2