Loading...
HomeMy WebLinkAbout09-8222NIVERTITI EWIDEH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. : NO: CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to ROMINGER & ASSOCIATES at 155 South Hanover Street, Carlisle, Pennsylvania 17013. Date: ??• °? 5. Respectfully submitted, ROMINGER & ASSOCIATES . Palermo Jr., quire Michae10 ? 10 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 WRIT OF SUMMONS To The Above Named Defendant: Gary C. Harkness Christine Spalding Harkness 4713 Roland Avenue Baltimore, Maryland 212 10 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary By:?? ?. l Date: Fit -""-'E OF THE F R CM ' NOTARY 2009 NOY 2S P11 3: 28 29, 3e I+iLED--tom; i'ICE 21110 FEB -9 P1~ Z~ 4$ nr ~!` ~'t/~~AS~o'~ C"C! Ja7! I"\SY~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. PRAECIPE FOR APPEARANCE CHRISTINE SPAULDING HARKNESS (Jury Trial Demanded) and GARY HARKNESS, Defendants. Filed on Behalf of the Defendants 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 #17676 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIVERTITI EWIDEH, Plaintiff, v. CIVIL DIVISION NO. 09-8222 (Jury Trial Demanded) CHRISTINE SPAULDING HARKNESS and GARY HARKNESS, Defendants. 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, P.C., on behalf of the Defendants, Christine Spaulding Harkness and Gary Harkness, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.C. By: in ~ Raucf~I, Esqu ri e nsel for Defendants 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 8th day of February, 2010. Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8~ SKEEL, P.C. By: ii'r-~. Rauc ,Esquire nsel for D fendants r ? r;~L C.~ -~~.. .. i0~0 ,.'uv ~3 F~ ~ ._ 33 ~- ~ a:. .. ~,-., ~`.._.~ k _.tt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIVERTITI EWIDEH, Plaintiff, CIVIL DIVISION NO. 09-8222 v. CHRISTINE SPAULDING HARKNESS and GARY HARKNESS, Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendants 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 #17676 .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIVERTITI EWIDEH, Plaintiff, v. CIVIL DIVISION NO. 09-8222 CHRISTINE SPAULDING HARKNESS and GARY HARKNESS, Defendants. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Nivertiti Ewideh, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEELL~P.C. By: Kevin `B'Rauch, Esqui~ Counsel for Defendants 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIVERTITI EWIDEH, Plaintiff, v. CIVIL DIVISION NO. 09-8222 (Jury Trial Demanded) CHRISTINE SPAULDING HARKNESS and GARY HARKNESS, Defendants. RULE AND NOW, this a 3~ day of _,, 2010, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this .~ day of ~ , 2010. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21st day of July, 2010. Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants NIVERTITI EWIDEH, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• CIVIL TERM DOCKET NO.: 09-8222 CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS JURY TRIAL DEMANDED Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . ~~ Cumberland County Bar Association 32 South Bedford Street ~-_ ~ -~ Cazlisle PA 17013 `~ ~ ° ~ --r ~ Phone: (717) 249-3166 ~~; .~ U, ~ ~ (800) 990-9108 ~ r ; rv ~ ~ -, ~ ' _~ ~ AMERICANS WITH DISABILITIES ACT OF 1990 ~' c~~ -'° ~ ~ --~ c, ~'' ~ The Court of Common Pleas of Cumberland County is re uired b law to com wi~ ~~ q y p r the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. NIVERTITI EWIDEH, Plaintiff v. CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM DOCKET NO.: 09-8222 JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Nivertiti Ewideh, by her attorney, Michael O. Palermo, Jr., Esquire, and in support of this Complaint aver as follows: 1. Plaintiff Nivertiti Ewideh is an adult sui juris residing at 836 North West Street, Cazlisle, Pennsylvania 17013. 2. Defendants Christine Spalding Hazkness and Gary C. Hazkness aze adult sui juris residing at 4713 Roland Avenue, Baltimore, Maryland 21210. 3. On or about November 28, 2007, Plaintiff was operating her vehicle on Route 11, also known as the Cazlisle Pike within the Borough of Cazlisle, Cumberland County, Pennsylvania. 4. On or about the same time Defendants Christine Spalding Hazkness and Gary C. Hazkness, were traveling in their vehicle behind Plaintiffs vehicle. 5. Defendant's vehicle, believed to be operated and in the sole control of Christine Spalding Hazkness struck Plaintii~s vehicle from the rear resulting in property as well as personal injuries to Plaintiff. 6. Defendants had a duty to the Plaintiff and breached that duty directly causing the before mentioned harm Count I Ne¢ligence Nivertiti Ewideh v. Christine Sualdin¢ Harkness and Garv C Harkness 7. Paragraphs 1 through 6, above, are incorporated herein by reference as if fully set forth at length. 8. Defendants Christine Spalding Hazkness and Gary C. Hazkness were negligent in that: a. They failed to keep an assured cleaz distance; b. They failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. They drove a vehicle in a manner endangering persons and property and in a reckless manner with cazeless disregazd for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. d. They failed to observe and obey traffic control signals. 9. Said negligence directly caused and or resulted in damage to Plaintiffs vehicle and injuries to the person of Plaintiff, specifically but not limited to: a. Injuries to her upper and lower back. b. Soreness and stiffness to her neck c. Acute Anxiety WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit. Date: ~ !~/ Respectfully Submitted, Rominger & Associates ~~ • Michael O. Palermo, ., Esquire 155 South Hanover Street Cazlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff NIVERTITI EWIDEH, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL TERM DOCKET NO.: 09-8222 CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr.., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, and facsimile at Carlisle, Pennsylvania, addressed as follows: Ethan K. Stone SUMMERS, McDONNELL, & HUDOCK 100 Sterling Pazkway Suite 306 Mechanicsburg, PA 17050 Date: Respectfully Submitted, Rominger & Associates Michael O. Palermo, r., Esquire 155 South Hanover Street Cazlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff VERIFICATION I verify that I am the Petitioner and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: ~- Z ~- f O ~ Nivertiti Ewide FILED-E7~~TC~ Or THE PROTHOI~DT,~I?'~ 21340 OCT 14 P~4 I ~ 2 ~1 DUMDEI'~LAPID COt3"~ i `( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. ANSWER AND NEW MATTER CHRISTINE SPALDING HARKNESS and GARY HARKNESS, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendants 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 #17676 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIVERTlTI EWIDEH, Plaintiff, v. CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. CIVIL DIVISION NO. 09-8222 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendants, Christine Spalding Harkness and Gary C. Harkness, 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 Defendants have insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Denied as stated. To the contrary, Defendant, Christine Spalding Harkness, was traveling in her vehicle behind the Plaintiff's vehicle. Defendant, Gary C. Harkness, was not an occupant of the vehicle. 5. Admitted in part, denied in part. It is admitted that the vehicle operated by Christine Spalding Harkness was involved in a collision with the Plaintiff s vehicle on the date, time, and place of the subject accident. The remainder of the averments in Paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that the Defendant, Christine Spalding Harkness, was negligent in the operation of her motor vehicle on the date, time, and place of the subject accident. The remainder of the averments in Paragraph 6 state legal conclusions to which no response is required. To the extent, however, 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. COUNT I NEGLIGENCE 7. The Defendant's reiterate and repeat all of their responses in paragraphs 1- 6 as if fully set forth a length herein 8. Admitted in part, denied in part. It is admitted that the Defendant, Christine Spalding Harkness, was negligent in the operation of her motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 8 directed to the Defendant, Christine Spalding Harkness, state legal conclusions to which no response is required. To the extent, however, 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. All averments in paragraph 8 directed to the Defendant, Gary C. Harkness, state legal conclusions to which no response is required. To the extent, however, 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 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, Defendants, Christine Spalding Harkness and Gary C. Harkness, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 10. 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. 11. 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. 12. 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. 13. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendants, Christine Spalding Harkness and Gary C. Harkness, respectfully requests this Honorable Court enter judgment in her favor and against the Plainfiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Est Counsel for Defenda 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 counse{ 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: I o Q Ga .Harkness #17676 VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 4 Christine Spalding Harkness #17676 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 13th day of October, 2010. Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEE , P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant . . *. _ I+l? ~~-~ F~~~ ~,~ t .i ~ 's t'e r' R ~f ' a- 3 i~ f IN THE G1 URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTI~I EWiDEH, Plaintiff, NO. 09-$222 v. ~~ MOTION TO COMPEL CHRISTI E SPALDING HARKNESS and (Jury Trial Demanded) GARY HA~2KNESS, Defendants. Filed on Behalf of the Defendants 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 #17676 IN THE ~ URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA II!~i CIVIL DIVISION DTI I EWIDEH, Plaintiff, NO. 09-8222 v. (Jury Trial Demanded) CHRISTI E SPALDING HARKNESS and GARY H RKNESS, Defendants. MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES Af~ NOW, comes the Defendants, Christine Spalding Harkness and Gary Harkness; by and through their attorneys, Summers, McDonnell, Hudock, Guthrie & ~'~ Skeel, P. ., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discover Responses and in support thereof avers the following: 1. ~II This matter arises out of a motor vehicle accident which occurred on Novembe 28, 2007. 2. I'~, As a result of the motor vehicle accident, the Plaintiff filed a Complaint alleging p rsonal injury. 3. II!, On July 20, 2010, the Defendants served the Plaintiff with Interrogatories and Requ st for Production of Documents relative to the above-referenced matter. (A true and ~ rrect copy of correspondence between the parties dated July 20, 2010, is attached ~ reto as Exhibit "A".) 4. i In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiffs to Defendant's Interrogatories and Request for Production of Documents should h~ve been received by August 19, 2010. 5.') On October 12, 2010, Defendants' counsel forwarded correspondence to Plaintiff s~, counsel requesting that the Plaintiff respond to the outstanding discovery. (A true and I orrect copy of correspondence between the parties dated October 12, 2010, is attached hereto as Exhibit "B".) 6. ' To date, Defendants have not received any response from Plaintiff or Plaintiffs) counsel regarding Defendants' discovery requests or the correspondence above. 7. i It is necessary fior proper defense of this lawsuit that Plaintiff file full and complete'~discovery responses. 8. ''j Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendar s respectfully requests this Honorable Court to enter an Order directing Plaintiff t provide Defendants with full and complete discovery responses within twenty (20) days), r suffer additional sanctions. 9. i Counsel for Defendants certifies that he has attempted contact with Plaintiffs l,~counsel in an effort to resolve this discovery dispute as set forth above. Despite sj~ch attempts by Defendants' counsel, however, Plaintiffs discovery responses have not been received by Defendants' counsel. Defenda REFORE, Defendants, Christine Spalding Harkness and Gary Harkness, requests this Honorable Court enter an Order compelling Plaintiff to provide with full and complete discovery responses. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C By: Kevin D. Rauch, Esquire Counsel for Defendants .~ r1 ~ ~A~ July 20, 2010 Michael alermo, Jr., Esquire 155 S. H Hover Street Carlisle, , A 17013 RE: File No. 17676 Dear Mr. Palermo: Enclosed please find Interrogatories and Request for Production of Documents directed t~ your client. Please have the same answered in accordance with the applicablQ Rules of Civil Procedure. ShC~uld you have any questions regarding the above, please feel free to contact me. Thanik you. Very truly yours, Kevin D. Rauch KDR:kan Enclosure' • • • i October 12, 2010 Michael ~ lermo, Jr., Esquire 155 S. H~ over Street Carlisle, A 17013 RE: EvN deh v. Harkness Ou ,File No. 17676 Dear Mr. F~alermo: Ple se be advised that I am not yet in receipt of your client's Discovery Responses, in this matter. Kindly update me as to the status of the same. Should I not hear from ou or receive your responses in a reasonable period of time, I will be forced to file a M tion to Compel with the Court. Sh uld you have any questions regarding the above, please feel free to contact me. Thanl~ you. ,I Very truly yours, Kevin D. Rauch KDR:kan ~ CERTIFICATE OF SERVICE I ~IEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid,!, his 20th day of October, 2010. Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin . Ra ch, uire Counsel for Defendants NIVERTITI EWIDEH, Plaintiff v. CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-8222 CIVIL TERM 1N RE: DEFENDANTS' MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES ORDER OF COURT AND NOW, this 28~' day of October, 2010, upon consideration of Defendants' Motion To Compel Discovery Answers and Responses, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. /Michael Palermo, Jr., Esq. 155 S. Hanover Street Carlisle, Pa 17013 Attorney for Plaintiff vin D. Rauch, Esq. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17055 :rc '~~'es ma~~C- ~v~a4~rD ~~ BY THE COURT, J esley Ole , Jr., J. r-'t r:~ :- a r r =~ v ~ y - -~ ~-; _-~ -~-: -' x ~,` ~ y .,, 7 a --~ ~V /.. ~ l~~ ~ ` 4 y ~ L^'J ~:.~__ '• -~ ~ ~ ~ NIVERTITI EWIDEH, : IN THE COURT OF COMMON PLE. F -n p y?? Plaintiff : CUMBERLAND COUNTY PENNSV AI1 rr-n , CIVIL ACTION - LAW r``" rv vs. :NO: 09-8222 CIVIL - 7Z : emu. ,yam Fri CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS Defendants : JURY TRIAL DEMANDED MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Michael O. Palermo, Jr., Esquire who files this Motion to Withdraw, and in support thereof, avers as follows: 1. Undersigned entered his appearance by filing a Writ of Summons on or about November 25, 2009, on behalf of the Plaintiff for the above civil matter. 2. On October 28, 2010, Plaintiff was sent correspondence indicating that undersigned counsel would be leaving the law firm of Rominger & Associates and a reply was needed from Plaintiff in order to move her case forward, which Plaintiff has failed to reply to. 3. Undersigned counsel has on several occasions attempted to reach Plaintiff via telephone and has been unsuccessful. 4. Undersigned counsel is unable to move the case forward without cooperation and contact with Plaintiff. WHEREFORE, Attorney Michael O. Palermo, Jr., Esquire respectfully requests that he be allowed to withdraw as counsel for the Plaintiff in the above captioned case. Respectfully submitted, Date: 02'22'It Michael O. Palermo, A, Esquire 17 West South Street Carlisle, Pennsylvania 17013 (717) 254-6986 Supreme Court ID # 93334 Attorney for Plaintiff t . NIVERTITI EWIDEH, Plaintiff vs. CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-8222 CIVIL JURY TRIAL DEMANDED CERTIVICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Nivertiti Ewideh P.O. Box1391 Carlisle, Pennsylvania 17013 Kevin D. Rauch, Esquire 100 Sterling Parkway, Suite 306 Mechanicsburg, Pennsylvania 17050 Facsimile (717) 920-9129 Respectfully submitted, Date: 2, Michael O. Palermo, Jr., Esquire 17 West South Street Carlisle, Pennsylvania 17013 (717) 254-6986 Supreme Court ID # 93334 Attorney for Plaintiff ^t , NIVERTITI EWIDEH, Plaintiff V. CHRISTINE SPALDING HARKNESS and GARY HARKNE S S, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8222 CIVIL TERM IN RE: MOTION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 24`h day of February, 2011, upon consideration of the Motion To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, i"Michael Palermo, Jr., Esq. 155 S. Hanover Street Carlisle, Pa 17013 Attorney for Plaintiff V Kevin D. Rauch, Esq. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17055 Nivertiti Ewideh P.O. Box 1391 Carlisle, PA 17013 :rc Cop;eS meq. jed J#Wesley Oleo, Jr., J. ?,. _ r' QV T t w. . ?. U.l ey C FILED-OFFICE FFCOTHONO tA?t`?. Oct WE 't411 ??;R -4 ??+ 10? 49 CUMBERLAND VCOUNT r Ei IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 V. CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. DEFENDANTS' ANSWER TO MOTION TO WITHDRAW AS COUNSEL AND RULE TO SHOW CAUSE (Jury Trial Demanded) Filed on Behalf of the Defendants 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 #17676 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIVERTITI EWIDEH, Plaintiff, CIVIL DIVISION NO. 09-8222 V. (Jury Trial Demanded) CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. DEFENDANTS' ANSWER TO MOTION TO WITHDRAW AS COUNSEL AND RULE TO SHOW CAUSE 1. Admitted. 2. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied. 3. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied. NEW MATTER 5. The Defendants, Nina Harkness and Gary Harkness, do not object to the Motion To Withdraw As Counsel filed by the Plaintiff's counsel on February 22, 2011. 6. Defendants would request, however, that the attached Order be issued compelling the Plaintiff to find counsel, within sixty (60) days of the date of the Order or the matter shall be dismissed. WHEREFORE, Defendants, Nina Harkness and Gary Harkness, respectfully request this Honorable Court enter the attached Order compelling to find counsel, within sixty (60) days or the case shall be dismissed with prejudice. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEE... P.O. By: V ` "-? K in D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANTS' ANSWER TO PETITION TO WITHDRAW AS COUNSEL PURSUANT TO PA.R.C.P. RULE 1012 IN CUMBERLAND COUNTY RULE OF COURT AT 206.1(a) AND RULE TO SHOW CAUSE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3rd day of March, 2011. Michael Palermo, Jr., Esquire 17 West South Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,SKEEL, PA,'. By. ` rc / - 9F vin u. Kaucn, tsquire unsel for Defendants NIVERTITI EWIDEH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL TERM DOCKET NO.: 09-8222 c CHRISTINE SPALDING HARKNESS -" and GARY C. HARKNESS JURY TRIAL DEMANDEDI: =- M - rn Z v r PRAECIPE TO DISCONTINUE E FARING & WITHDRAW MoTioato ° WITHDRAW AS COUNSEL Y C-- n Z:4- C AND NOW, comes the Plaintiff, Nivertiti Ewideh, by her attorney, Micha-l O. Palermo, Jr., Esquire, and submits the following for consideration by the Court: 1. On or about February 22, 2011 undersigned counsel filed a Motion to Withdraw as counsel for Plaintiff in the above captioned case. 2. A rule to show cause was entered on February 24, 2011 by the Honorable J. Wesley Oler, Jr., directing Plaintiff to personally respond within 14 days. 3. On or about March 21St 2011, Plaintiff made contact and personally met with undersigned counsel and provided certain documents and answers to counsel regarding the outstanding Request for Production of Documents and Answers to Interrogatories propounded by Counsel for the Defendant. 4. Undersigned counsel is now in contact with his client and is prepared to file answers to Interrogatories and the Request for Production of Documents by Wednesday, April 6, 2011. 5. Undersigned counsel respectfully requests this Honorable Court dismiss as moot the previously filed Motion to Withdraw as Counsel for Plaintiff ff and discontinue the hearing now set for Monday, April 4, 2011 before the Honorable J. Wesley Oler, Jr. 6. Counsel for Defendant, Kevin Rauch has been contacted regarding the relief request herein and he concurs with this Motion and the self-imposed deadline herein. WHEREFORE, undersigned counsel respectfully requests this Honorable Court withdraw the previously filed Motion to Withdraw and discontinue the hearing now scheduled for Monday, April 4, 2011. Date: April 1, 2011 Respectfully Submitted, PALERMO LAW OFFICES IAJ%O# -& Michael O. Palermo, Jr., Esquire 17 W. South Street Carlisle, Pennsylvania 17013 (717) 254-6986 (direct) (717) 241-2456 (fax) Supreme Court ID # 93334 Attorney for Plaintiff NWERTITI EWIDEH, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL TERM DOCKET NO.: 09-8222 CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Praecipe to Discontinue Hearing & Withdraw Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kevin Rauch, Esquire SUMMERS, McDONNELL, & HUDOCK 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 Respectfully Submitted, PALERMO LAW OFFICES Date: April 1, 2011 Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 254-6986 (direct) Supreme Court ID # 93334 Attorney for Plaintiff o? NIVERTITI EWIDEH, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA `. CIVIL TERM DOCKET NO.: 09-8222 CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS JURY TRIAL DEMAND rn z `vrn ORDER cn C) 7 AND NOW this day of A ril 2011 c : _ p , upon consideration of the e f mac- - rv Praecipe and Motion, the hearing set in this matter for Monday April 4 2011 is ?- ) , , discontinued and the Motion to Withdraw filed by Attorney Michael O. Palermo, Jr., is deemed withdrawn. Counsel for Plaintiff shall provide Plaintiff's Answers to Interrogatories and Requestfor Production of Documents to Defense Counsel no later than April 6, 2011. Distribution: ?Attorney Michael O. Palermo, Jr. for Plaintiff Attorney Kevin D. Rauch, for Defendants O,plie-" ? J ?vrcb BY THE COURT: LEC..JPI=ICF- � = HE PROTHONYTAR'; 2G 13 SEP 19 PH 1: 13 CCPe3ERLAtiD COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 V. MOTION FOR STATUS CONFERENCE CHRISTINE SPALDING HARKNESS and (Jury Trial Demanded) GARY HARKNESS, Defendants. Filed on Behalf of the Defendants 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 #17676 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 V. (Jury Trial Demanded) CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. MOTION FOR STATUS CONFERENCE AND NOW, come the Defendant, Christine and Gary Harkness, by and through their counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Have Case Marked Settled and Discontinued and in support thereof avers as follows: ' 1. This case arises out of an motor vehicle accident which occurred on November 28, 2007. 2. As a result of the motor vehicle accident, the Plaintiff filed a Complaint sounding in negligence, and alleging personal injury. 3. On October 21, 2010, Defendant's filed a Motion to Compel discovery responses. 4. On February 22, 2011, counsel record, Michael Palermo filed a Motion to Withdraw. 5. On February 24, 2011, Judge Oler issued a rule to show cause for the Plaintiff's counsels Motion to Withdraw. i 6. On April 1, 2011, the Plaintiff's counsel withdrew his Motion to Withdraw. t 7. On April 4, 2011, Judge Oler issued an Order withdrawing Plaintiff's counsel Motion to Withdraw, and instructing the Plaintiff to provide responses to discovery no later than April 6, 2011. 8. On June 5, 2013, the Defendant's counsel forwarded a correspondence to Plaintiff's counsel requesting that Plaintiff respond to the outstanding discovery. (A true and correct copy of correspondence between parties dated June 5, 2013, is attached hereto is Exhibit A.) 9. To date Defendant's have not received any response from Plaintiff or Plaintiff's counsel regarding Defendant's discovery requests of to the correspondence enumerated above. 10. Counsel for Defendant certifies that he has attempted to contact Plaintiff's counsel in an effort to resolve this discovery dispute has set forth above. Despite such attempts by Defendant's counsel, the Plaintiff's discovery responses have not been received. Therefore, Defendant's, Chrstine Spulding Hartness and Gary Hartness, respectfully request this honorable Court enter an Order scheduling a Status Conference so that we may continue to move this matter forward. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: K in 15. Rauch, squire Counsel for Defendants June 5, 2013 Michael Palermo, Jr., Esquire 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 RE: Ewideh v. Harkness Our File No. 17676 Dear Mr. Palermo: Please be advised that I am assisting Kevin. Rauch in the above-referenced matter. Kindly allow this letter to serve as a follow=up to my message of May 30, 2013. To date my office is still awaiting receipt of the' following documents in the above- referenced matter: 1. Unemployment Compensation records; 2. Tax Returns from 2006 — present; and 3. Information regarding the subsequent losses from October 5, 2008, December 10, 2010, and October 21, 2012. Please advise as to the status of these requests. 1 look forward to speaking with you soon. Thank you. Very truly yours, Kyle W. Krombach KWK:kan �w [DEFENDANT'S EXHIBIT t' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Status Conference has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18th day of September, 2013. Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. m as (Jury Trial Demanded) `r' CHRISTINE SPALDING HARKNESS and ' GARY HARKNESS, r— Defendants. ?' (7) ORDER AND NOW, this o15 day of 2013, upon consideration of Defendants, Christine Harkness and Gary Harkness's Motion for Status Conference and any response thereto, IT IS HEREBY ORDERED that a Status Conference is scheduled for 6 day of a Gu � 2013 at 9..30 n 41,4, GI_ • BY THE COURT \\* •\)S J. Distribution List: Michael Palermo, Jr., Esquire; 155 S. Hanover Street, Carlisle, PA 17013 ✓Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 cP:2.,r//2 NIVERTITI EWIDEH : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA • _' cnr- • (ft C CHRISTINE SPALDING • • HARKNESS AND GARY HARKNESS DEFENDANTS : NO. 09-8222 CIVIL --� IN RE: DEFENDANT'S MOTION FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 15th day of November, 2013, upon consideration of Defendant's Motion for Status Conference, IT IS HEREBY ORDERED AND DIRECTED that: 1. All discovery in this matter shall be completed on or before December 31, 2013. 2. Plaintiff's expert reports shall be filed on or before January 31, 2014. Defendant's expert reports responding to the Plaintiff's expert reports shall be filed on or before March 14, 2014. 3. Any dispositive motions, if applicable, shall be filed on or before March 21, 2014. These motions will be set down for argument on or before April 18, 2014. Argument on the motions will be held during the May 9, 2014, Argument Court. 3. Any Motions in Limine shall be filed on or before by June 13, 2014. Any responses thereto shall be filed by June 27, 2014. 4. The case shall be set down for trial on or before May 26, 2014. 5. The Plaintiff shall call this case for trial during the call of the civil trial list scheduled for June 17, 2014 trial term. 6. Pre-trial Conference for this case will be held on July 2, 2014. 7. Trial in the matter will be held beginning July 14, 2014. By the Court, M. L. Ebert, Jr., J. Michael Palermo, Jr., Esquire Attorney for Plaintiff /4"- Kevin D. Rauch, Esquire Attorney for Defendants )111.5.11 `5 3 u bas ' s + %L1ElIohro1fA,"ty • 2°111 JAM 2.2 P1 1: p3 CUHBERL CQUf' TY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. MOTION TO COMPEL CHRISTINE SPALDING HARKNESS and (Jury Trial Demanded) GARY HARKNESS, Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17676 t • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. (Jury Trial Demanded) CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES AND NOW, comes the Defendants, Christine Spalding Harkness and Gary Harkness, by and through their attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery Responses and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident which occurred on November 28, 2007. 2. As a result of the motor vehicle accident, the Plaintiff filed a Complaint alleging personal injury. 3. On November 15, 2013, The Honorable Judge Ebert entered a Case Management Order following a Status Conference enumerating in part the completion of discovery by December 31, 2013. 4. On November 19, 2013, as a follow-up to the November 15, 2013 Status Conference, Counsel for the Defendant informally requested additional discovery from • the Plaintiff. (A true and correct copy of correspondence between the parties dated November 19, 2013 is attached hereto as Exhibit "A") 4. On November 27, 2013, the Defendants served the Plaintiff with Supplemental Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated November 27, 2013 is attached hereto as Exhibit "B".) 5. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiffs Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by December 27, 2013. 6. On January 9, 2014 Defendants' counsel forwarded correspondence to Plaintiff's counsel requesting that the Plaintiff respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated January 9, 2014, is attached hereto as Exhibit "C".) 7. To date, Defendants have not received any response from Plaintiff or Plaintiff's counsel for Defendants' discovery requests. 8. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete discovery responses. 9. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendants respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendants with full and complete discovery responses within twenty (20) days or suffer additional sanctions. 10. Counsel for Defendants 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 Defendants' counsel, however, Plaintiff's discovery responses have not been received by Defendants' counsel. 11. The Case Management Order of November 15, 2013 anticipates listing for trial in May 2014, with trial commencing June 27, 2014. WHEREFORE, Defendants, Christine Spalding Harkness and Gary Harkness, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendants with full and complete discovery responses. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.0 •� Kevin D. Rauch, Esquire Counsel for Defendants 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 20th day of January, 2014. Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By:// , 11 i V r j R A ', Esquire Counsel for Defendants �UJ141, 20/4 AN 23 ' flJJ: Ihf CUMBERL An° COUNTY i'EP�tJS YLIA NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. PRAECIPE TO ATTACH CHRISTINE SPAULDING HARKNESS (Jury Trial Demanded) and GARY HARKNESS, Defendants. Filed on Behalf of the Defendants 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 #17676 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. (Jury Trial Demanded) CHRISTINE SPAULDING HARKNESS and GARY HARKNESS, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly attach the enclosed exhibits marked "Defendant's Exhibit A — C" to the previously filed Motion to Compel, which was mailed on January 20, 2014. Thank you. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. i By: /3 "'fin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO ATTACH has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 20th of January, 2014. Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. Jr1 By: -/ . .��� D. Rauch, Esquire Counsel for Defendants November 19, 2013 Michael Palermo, Jr., Esquire 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 RE: Ewideh v. Harkness Our File No. • 17676 Dear Mr. Palermo: Kindly allow for this letter to serve as a follow-up to the Status Conference with Judge Ebert from November 15, 2013. As discussed, you are in the process of acquiring with your client regarding her subsequent accidents of 2008, 2010 and 2012. In light of Judge Ebert's Scheduling Order, if I have not heard from you by November 22, 2013, I will proceed with serving Supplemental Interrogatories. I look forward to speaking with you soon. Thank you. Very truly yours, Kyle W. Krombach KWK:ard November 27, 2013 Michael Palermo, Jr., Esquire 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 RE: Ewideh v. Harkness Our File No. : 17676 Dear Mr. Palermo: Enclosed please find Defendant's Supplemental Interrogatories directed to the Plaintiff in the above-captioned matter. Kindly respond to the same within the timeframe established by the applicable rules of civil procedure. Should you have any questions regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Kyle W. Krombach KWK:ard Enclosure January 9, 2014 Via Facsimile, Email: 717-635-9725 & mop(aJnalermolawofifices,com Michael Palermo, Jr., Esquire 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 RE: Ewideh v. Harkness Our File No. • 17676 Dear Mr. Palermo: To date, my office has yet to receive your Responses to Defendant's Supplemental Interrogatories which were served upon you on November 27, 2013. At your earliest convenience, please contact my office to discuss the same. Due to the scheduling Order entered by the court, if I have not heard from you by January 10, 2014, I will proceed with seeking the assistance of the court in this matter. I look forward to hearing from you soon. Thank you. Very truly yours, Kyle W. Krombach KWK:ard IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 V. CHRISTINE SPALDING HARKNESS and (Jury Trial Demanded) GARY HARKNESS, Defendants. ORDER th AND NOW, TO WIT, this Z 4 day of S a+1 , , 2014, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Nivertiti Ewideh, provide Defendants, Christine Spalding Harkness and Gary Harkness, with full and complete discovery responses within twenty (20) days of the date of this Order or suffer additional sanctions. BY THE COURT: DISTRIBUTION LIST: ichael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 e7 ' Attorney for Plaintiff --- MW M � vin D. Rauch, Esquire -,a Summers, McDonnell, Hudock, Guthrie& Skeel, P.C. czi��' N cam.? 100 Sterling Parkway, Suite 306 4ca Mechanicsburg, PA 17055 Attorney for Defendant XQ (717) 901-5916 cn o CE +� 1P /A-y/ / ��v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NIVERTITIEW1DEH, : CIVIL - LAW Plaintiff v. DOCKET NO.: 09-8222 • iL1-71) - , TH OTHQt k 2014 APR I 1 P1 1: 1? CUMBERLAND COUNTY PENNSYLVANIA CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS • JURY TRIAL DEMANDED MOTION TO WITHDRAW AS COUNSEL AND NOW, comes the undersigned, for the above captioned Plaintiff, Nivertitti Ewideh, and submits the following Motion to Withdraw as Counselin the above captioned matter: Plaintiff filed a Complaint sounding in personal injury with the Cumberland County Prothonotary in 2009. 2. The undersigned, has maintained the file in this matter since leaving his prior employer. 3. Certain signatures are needed regarding Answers to Interrogatories in this matter. 4. The undersigned has attempted to call and reach out to Plaintiff by U.S. Mail regarding the continuing prosecution of this personal injury action. 5. To date, a response has yet to be received and the undersigned can no longer effectively communicate with Plaintiff. 6. In the event this Honorable Court grants counsel' s withdrawal from this matter, it is respectfully requested that Plaintiff be given sixty (60) days in which to secure new counsel prior to this matter being disposed of by Dispositive Motions. 7. Counsel for the Defendant, Kyle Krombach, Esquire, has been contacted and concurs with the relief sought herein. 8. The Honorable M.L. Ebert, Jr., has issued the previous Order in this matter. WHEREFORE, the undersigned respectfully request this Honorable Court permit his withdraw as counsel of record for Plaintiff in the above captioned matter and further grant Plaintiff 60 -days to secure new counsel in this matter. RESPECTFULLY SUBMITTED, PALERMO LAW OFFICES Michael O. Palermo, Jr., Esquire 3300 Trindle Road Camp Hill, PA 17011 (717) 635 -9591 Counsel for Plaintiff mop @palermolawoffices.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NIVERTITI EWIDEH, : CIVIL - LAW Plaintiff v. DOCKET NO.: 09 -8222 CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., do hereby certify that I caused a copy of this Praecipe to be served upon the following by First Class Mail as follows: Nivertitti Ewideh 1962 A - Fry Loop Carlisle, PA 17013 Kyle Krombach, Esquire Summers McDonnell, 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 Michael O. Palermo, Jr. April 10, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NIVERTITI EWIDEH, CIVIL - LAW Plaintiff v. DOCKET NO.: 09-8222 CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS JURY TRIAL DEMANDED ORDER AND NOW, this 1 day of t't , 2014, it is ordered that the Motion to Withdraw is GRANTED. NIVERTITTI EWIDEH, Plaintiff herein, shall have sixty (60) days from the date of this Order to proceed with the prosecution of this case pro se or with Counsel of her own choosing. Failure to do so will result in a judgment of nolle prosequi being entered. SO ORDERED, Ebert, J. DISTRIBUTION: /Michael 0. Palermo, Jr., Esq. for Plaintiff, 3300 Trindle Road, Camp Hill, PA 17011 Kyle Krombach, Summers McDonnell, 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 t/ Niverir Ewideh, 1962 A Fry Loop Circle, Carlisle, PA 17013 4 ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NIVERTITI EWIDEH, Plaintiff v. CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS CIVIL - LAW DOCKET NO JURY TRIAL SUBSTITUTION OF COUNSEL To the Prothonotary: .: 09-8222 (-) rn 3 DEMANDED Kindly withdraw the appearance of Michael O. Palermo, Jr., Esquire as Counsel of Record for Plaintiff and Enter the Appearance of Lee Mandarin, Esquire as Counsel for Plaintiff in the above captioned matter. RESPECTFULLY SUBMITTED, Lee Mandarin, Esquire 3300 Trindle Road Suite 2 Camp Hill, PA 17011 717-635-8747 PA ID No. 312895 Michael O. Palermo, Jr., squire PA ID No. 93334 C- 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NIVERTITI EWIDEH, : CIVIL - LAW Plaintiff V. DOCKET NO.: 09-8222 CHRISTINE SPALDING HARKNESS and GARY C. HARKNESS JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lee Mandarino, do hereby certify that I caused a copy of this Substitution of Counsel to be served upon the following by First Class Mail as follows: Kyle Krombach, Esquire Summers McDonnell, 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 Lee Mandarino, Esquire June 16, 2014 ?J; •r-tC17.101110, ERL A PENN.S } `L c�dl Nr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. MOTION FOR SANCTIONS CHRISTINE SPALDING HARKNESS and (Jury Trial Demanded) GARY HARKNESS, Defendants. Filed on Behalf of the Defendants 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 #17676 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. (Jury Trial Demanded) CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. MOTION FOR SANCTIONS AND NOW, come the Defendants, Christine and Gary Harkness, by and through their counsel, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Sanctions and in support thereof avers as follows: 1. This case arises out of an motor vehicle accident which occurred on November 28, 2007. 2. As a result of the motor vehicle accident, the Plaintiff filed a Complaint alleging personal injury. 3. On November 15, 2013, the Honorable Judge Ebert entered a Case Management Order following a Status Conference enumerating the completion of discovery by December 31, 2013. 4. On November 27, 2013, the Defendants served the Plaintiff with Supplemental Interrogatories and Request for Production of Documents relative to the above - referenced matter. 5. On January 24, 2014, the Honorable Judge Ebert issued an Order to Compel Plaintiff's Responses to the before mentioned Supplemental Interrogatories and Request for Production of Documents. 6. On April 15, 2014, the Honorable Judge Ebert entered an Order granting Plaintiff's counsel Motion for Withdraw, and granting the Plaintiff 60 days to obtain new counsel or proceed Pro Se, or face Entry of a Judgment of Nolle Prosequi. 7. To date, the Plaintiff has not obtained new counsel and entered Notice of prosecution Pro Se, or provided the discovery responses sought by the Defendants. 8. The deadline for the Plaintiff passed on June 16, 2014. 9. The Defendant now files this Motion for Sanctions seeking the dismissal of the Plaintiff's Complaint with prejudice. 10. The Pennsylvania Rule of Civil Procedure 4019 (a)(1) provides that this Honorable Court may enter an Order for Sanctions if a party fails to obey an Order of Court. 11. As noted, the Plaintiff has failed to enter her own appearance as provided by the Order. 12. She has not provided a response to the Defendant's discovery requests. 13. As a result, the Defendant respectfully requests this Honorable Court enter dismissing the above -referenced matter, with prejudice. Wherefore, Defendants, Christine and Gary Harkness, respectfully request this Honorable Court enter an Order dismissing the above -referenced matter, with prejudice. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Sanctions has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 18th day of June, 2014. Christine and Gary Harkness 1962 A Fry Loop Circle Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P C. By: 4` evin D. ' auch, Esquire Counsel for Defendants NIVERTITI EWIDEH : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. : -+ rn c n--_. CHRISTINE SPALDING cn ' r HARKNESS AND : -<> GARY HARKNESS : < DEFENDANTS NO. 09-8222 CIVIL ORDER OF COURT AND NOW, this 24th day of June, 2014, upon consideration of the Defendants' Motion for Sanctions, and this Court noting that Lee Mandarino, Esquire did enter his appearance on behalf of the Plaintiff by June 16, 2014, IT IS HEREBY ORDERED AND DIRECTED that Defendants' Motion for Sanctions is DENIED at this time. IT IS FURTHER ORDERED AND DIRECTED that a brief status conference in this case will be held in chambers on July 2, 2014, at 9:30 a.m. By the Court, 1 M. L. Eb-rt, Jr., J. ✓Lee Mandarino, Esquire Attorney for Plaintiff evin D. Rauch, Esquire Attorney for Defendants t'ac.. 4bas ks 0triattkoessr elks NIVERTITI EWIDEH : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE SPALDING HARKNESS AND GARY HARKNESS DEFENDANTS : NO. 09-8222 CIVIL CZ r11 co m t.._ ,. - s> ,rTh X CD IN RE: DEFENDANT'S MOTION FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 2nd day of July, 2014, upon consideration of Defendant's Motion for Status Conference, IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiff's Counsel will provide Defense Counsel with demand package within 45 days of this Order. 2. Plaintiff will provide Defense Counsel with expert report by September 1, 2014. 3. All dispositive motions shall be filed on or before October 1, 2014. 4. Any Motions in Limine shall be filed on or before October 15, 2014. 5. The case shall be set down for trial by October 20, 2014. 6. The Plaintiff shall call this case for trial during the call of the civil trial list scheduled for November 10, 2014 trial term. 7. Pre-trial Conference for this case will be held on November 26, 2014. 8. Trial in the matter will be held beginning December 8, 2014. By the Court, /Lee Mandarino, Esquire Attorney for Plaintiff ✓ Kevin D. Rauch, Esquire Attorney for Defendants Oatt4+ ,01111.-41j bas CO? o'ES P2 -V 7/a.hy GF THE PROTH01.40 j iF ,r, 201LIOCT -1 11H /1:57 CUMBERLAND COUNTY PENNS YLVA IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. MOTION FOR SANCTIONS CHRISTINE SPALDING HARKNESS and (Jury Trial Demanded) GARY HARKNESS, Defendants. Filed on Behalf of the Defendants 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 #17676 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. (Jury Trial Demanded) CHRISTINE SPALDING HARKNESS and. GARY HARKNESS, Defendants. MOTION FOR SANCTIONS AND NOW, come the Defendants, Christine and Gary Harkness, by and through their counsel, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Sanctions and in support thereof avers as follows: 1. This case arises out of an motor vehicle accident which occurred on November 28, 2007. 2. As a result of the motor vehicle accident, the Plaintiff filed a Complaint alleging personal injury. 3. On November 15, 2013, the Honorable Judge Ebert entered a Case Management Order following a Status Conference enumerating the completion of discovery by December 31, 2013. 4. On November 27, 2013, the Defendants served the Plaintiff with Supplemental Interrogatories and Request for Production of Documents relative to the above - referenced matter. 5. On January 24, 2014, the Honorable Judge Ebert issued an Order to Compel Plaintiff's Responses to the before mentioned Supplemental Interrogatories and Request for Production of Documents. (A copy of the Supplemental Interrogatories is attached hereto as Exhibit "A"). 6. On April 15, 2014, the Honorable Judge Ebert entered an Order granting Plaintiff's counsel, Michael Palermo's Motion for Withdraw, and granting the Plaintiff 60 days to obtain new counsel or proceed Pro Se, or face Entry of a Judgment of Nolle Prosequi. 7. To date, the Plaintiff has not obtained new counsel and entered Notice of prosecution Pro Se, or provided the discovery responses sought by the Defendants. 8. On the day of the deadline, June 16, 2014, Plaintiff obtained new counsel. 9. On July 2, 2014, a Status Conference was held in the Chambers of the Honorable M. L. Ebert during which deadlines were established leading to the Trial Term commencing on December 8, 2014. 10. Counsel for the Defendant has repeatedly requested Plaintiff's Answers to the Supplemental Interrogatories served on November 27, 2013, but has not received a response. (A copy of Defense Counsel's correspondence is attached hereto as Exhibit "B" 9. The Defendant now files this Motion for Sanctions seeking the dismissal of the Plaintiff's Complaint with prejudice. 10. Pennsylvania Rule of Civil Procedure 4019 (a)(1) provides that this Honorable Court may enter an Order for Sanctions if a party fails to obey an Order of Court. 11. As noted, the Plaintiff has failed to provide a response to the Defendant's discovery requests. 13. As a result, the Defendant respectfully requests this Honorable Court enter an Order dismissing the above -referenced matter, with prejudice. Wherefore, Defendants, Christine and Gary Harkness, respectfully request this Honorable Court enter an Order dismissing the above -referenced matter, with prejudice. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. B Kevin D. Rauc , squire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Sanctions has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 30th day of September, 2014. Lee Mandarino, Esquire 3300 Trindle Rd. #2 Camp Hill, PA 17011 (Attorney for Plaintiff) SUMMERS, McDONNELL HUDOCK & GUTHRIE, P C. A Bv: vin D. Rauch, Esquire C•unsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. #17676 DEFENDANTS' SUPPLEMENTAL INTERROGATORIES TO PLAINTIFF, NIVERTITI EWIDEH (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 DEFENDANT'S EXHIBIT I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. (Jury Trial Demanded) CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. NOTICE TO: Plaintiff, Nivertiti Ewideh c/o Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 You are hereby required to answer the following Interrogatories under oath and in writing pursuant to the Pennsylvania Rules of Civil Procedure within thirty (30) days of the date of service hereof. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendants DEFENDANT'S SUPPLEMENTAL INTERROGATORIES DIRECTED TO PLAINTIFF, NIVERTITI EWIDEH — SET #1 1. Please indicate whether you have received any medical treatment since the date of your deposition. If so, please state the following: a. the dates of such treatment; b. the nature of such treatment; c. the reason for such treatment; and d. the name and address of the provider of such treatment. ANSWER: 2. Please indicate the total amount of medical expenses incurred to date for treatment related to the subject accident. ANSWER: 3. Please indicate the total amount of medical bills which were paid or reimbursed by Plaintiffs first party carrier. ANSWER: 4. Please indicate the total amount of medical bills which were paid by Plaintiffs health insurance carrier or other source. ANSWER: 5. Please indicate the total amount of any medical bills which were not paid or reimbursed by Plaintiffs first party carrier, health insurance carrier, or other applicable source. ANSWER: 6. Please indicate the total amount of any medical bills which Plaintiff intends to introduce into evidence at trial. ANSWER: 7. Have you missed any time from work since the date of your deposition? If so, please state: a. the dates that you missed from work; b. the reason that you missed the above dates from work; c. whether you received any reimbursement from any source as a result of missing the above days from work; and d. if you received any reimbursement, please indicate the amount of reimbursement and the source. ANSWER: 8. Please state the total amount of any wage Toss you will be claiming at trial as a result of the subject accident. ANSWER: 9. Please state whether you have received any payments from your first party insurance carrier for Toss of income. If so, please state the total amount received. ANSWER: 10. Please state whether you received any reimbursement for loss of income from any other source and state the amount. ANSWER: 11. Please state whether you will be pursuing a claim for future impairment of earning power. If so, please state the amount of such claim and provide a copy of any report or documentation supporting such claim. ANSWER: 12. Please set forth any other damages that will be claimed at the trial of this matter. ANSWER: 13. Have you been involved in any subsequent accidents, including, but not limited to, motor vehicle accidents .and/or fall downs since the date of the subject accident? If so, kindly advise of the following: a. The number of subsequent accidents; b. The date of each accident; c. Whether or not a lawsuit has been filed pursuant to each accident and if so, include a copy of the Complaint and other relevant pleadings; d. Whether or not you were injured as a result of each accident; e. Whether or not you have sought treatment as a result of each accident; and, f. If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. ANSWER: 14. Have you filed a claim for workers' compensation subsequent to the date of the subject accident? If so, kindly advise of the following: a. The number of subsequent workers' compensation claims; b. The date of each claim; c. Whether or not litigation has been filed pursuant to each claim; d. The nature of the injury for each claim; e. Whether or not you have sought treatment as a result of each claim; and, f. If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. ANSWER 15. Have you injured yourself in any manner that caused you to seek chiropractic and/or medical treatment subsequent to the date of the subject accident? If so, kindly advise of the following: a. The nature of the subsequent injury; b. The date of said injury; c. Whether or not a lawsuit has been filed pursuant to said injury and if so, include a copy of the Complaint and other relevant pleadings; d. Whether or not you have sought treatment as a result of said injury; and, f. If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. ANSWER 16. Have you ever been charged with or convicted of any crime? If so, please state: a. the date you were charged with or convicted of each crime; b. the nature of the crime; and c. the jurisdiction in which you were charged or convicted. ANSWER 17. With respect to the Plaintiff's subsequent accident of October 5, 2008, December 10, 2010 and October 21, 2012, please provide the following information: a. name of participants; b. location of accident; c. injuries sustained in the accident; d. the identity of the insurance carriers for the participants in the before mentioned accidents; and e. please indicate if any lawsuits have been filed as a result of these accidents, and the current status of the same. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. BY: e>M Kevin D. Rauch, Esquire Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Supplemental Interrogatories Directed to Plaintiff, Nivertiti Ewideh , has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 27th day of November, 2013. Michael Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. jiL=33 y By: Kevin D. Rauch, Esquire Counsel for Defendants January 9, 2014 Via Facsimile, Email: 717-635-9725 & mopftalermolawoffices.com Michael Palermo, Jr., Esquire 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 RE: Ewideh v. Harkness Our File No. 17676 Dear Mr. Palermo: To date, my office has yet to receive your Responses to Defendant's Supplemental Interrogatories which were served upon you on November 27, 2013. At your earliest convenience, please contact my office to discuss the same. Due to the scheduling Order entered by the court, if I have not heard from you by January 10, 2014, I will proceed with seeking the assistance of the court in this matter. I look forward to hearing from you soon. Thank you. Very truly yours, Kyle W. Krombach KWK:ard DEFENDANT'S EXHIBIT 6 Kyle Krombach From: Kyle W. Krombach <kkrombach@summersmcdonnell.com> Sent: Friday, February 28, 2014 12:55 PM To: 'Michael Palermo' Subject: RE: IME Attachments: 17676 - IME Report.pdf Mike, Congratulations on the new addition, hope all is well. I've attached a copy of the IME report. Additionally, I reviewed the emails you sent on 2/14 regarding the response to supplemental interrogatories, I noted that I only received tax and wage related documents from 2005 to 2011. I did not receive answers to the interrogatories. Please advise as to when I can expect your client's responses. Thanks. Very Truly Yours, Kyle W. Krombach, Associate Summers, McDonnell, Hudock & Guthrie, P.C. 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 Phone: (717) 901-5916 Fax: (717) 920-9129 This message is private and confidential, intended only for the person to which it is addressed. If this message has been misdirected, please immediately delete and notify the sender. Thank you. From: Michael Palermo [mailto:palermo.mike@ gmail.com] Sent: Friday, February 21, 2014 10:24 AM To: Kyle W. Krombach Subject: IME Kyle, can you send over an electronic copy of the IME you had performed on Ms. Ewideh? thanks Mike M.O. Palermo, Jr., Esquire PALERMO LAW OFFICES 3300 Trindle Road Camp Hill, PA 17011 717-635-9591 (direct) 717-635-9725 (fax) mop@palermolawoffices.com June 20, 2014 Lee Mandarino, Esquire 3300 Trindle Rd. Suite 2 Camp Hill, PA 17011 RE: Ewideh v. Harkness Our File No. 17676 Dear Mr. Mandarino: Kindly allow for this letter to serve as a follow-up to our conversation of June 20, 2014, in regards to the above -captioned matter. As discussed, my office has filed for sanctions in regards to your client's outstanding discovery responses. The Motion was filed before we were notified of your Entry of Appearance. In the interest of time in moving this matter forward I will hold on withdrawing the Motion for Sanctions until I have received the requested outstanding discovery. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Kyle W. Krombach KWK:ard August 25, 2014 Lee Mandarino, Esquire 3300 Trindle Rd. Suite 2 Camp Hill, PA 17011 RE: Ewideh v. Harkness Our File No. 17676 Dear Mr. Mandarino: Please be advised that I am in receipt of, and thank you for, your client's demand letter in the above -captioned matter. I have forwarded the same to my carrier. At this time, my office is still awaiting response from your client from our Supplemental Interrogatories which were served upon your client on November 27, 2013. Due to the length of time that has passed, and the pending Court deadlines, if have not received your client's responses and signed verification by September 2, 2014, I will have no choice but to seek the assistance of the Court in this matter. It is my understanding that these Interrogatories were previously the subject of a Motion to Compel which was granted by the Court. I look forward to hearing from you soon. Thank you. Very truly yours, Kyle W. Krombach KWK:ard Kyle Krombach From: Kyle Krombach <kkrombach@summersmcdonnell.com> Sent: Tuesday, September 02, 2014 11:50 AM To: 'LeeMandarino' Subject: RE: Attachments: Supp Roggs2.pdf Lee: Please find the attached copy of the supplemental interrogatories directed to your client. Per our discussion 1 can give your client until the 18th of September to respond. Should you have any questions, please let me know. Regards, Kyle This message is private and confidential, intended only for the person to which it is addressed. If this message has been misdirected, please immediately delete and notify the sender. Thank you. From: Lee Mandarinohnaiko:nnandahnolee©Yahoo.cornU Sent: Tuesday, SeptemberOZ, 2014 10:13 AM To:kkrombachCbsummesmcdonnel|.com Subject: Kyle, 1 am writing in regards to you letter of August 25, 2014. After review of the file that 1 have received from Attorney Palermo, 1 was hoping you cou!d clarify specifically which documents need to be produced. It appears there were some supplemental interrogatories answered in Jarivary 2013, but not verified. If therwas a second supplemental set of interrogatories, could you please forward the same to me. I will be able to produce documents today, but |wmn't be able to get you a verification from my client until Thursday as /wiU have to make a trip to Carlisle to meet with her. Lee Mandarino, Esquire Law Office of Lee Mandarino 33UOThnd|eRoad, Suite o Camp Hill, PA 17011 T: 717-635-8747 F: 888 959 1331 1 September 22, 2014 Via Regular Mail and Facsimile: 888-959-1331 Lee Mandarino, Esquire 3300 Trindle Rd. Suite 2 Camp Hill, PA 17011 RE: Ewideh v. Harkness Our File No. 17676 Dear Mr. Mandarino: To date, my office has yet to receive your client's responses to Supplemental Interrogatories which were served upon her on November 27, 2013. These Interrogatories were subject to an Order to Compel which was filed on January 24, 2014. My office is willing to grant an additional five days from the date of this letter for your client to produce verified answers to the before mentioned Supplemental Interrogatories. If I have not received the same by close of business on September 26, 2014, I will have no choice but to seek further assistance from the Court in this matter. I look forward to receipt of your client's responses. Thank you. Very truly yours, Kyle W. Krombach KWK:ard NIVERTITI EWIDEH : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE SPALDING HARKNESS AND GARY HARKNESS DEFENDANTS : NO. 09-8222 CIVIL ORDER OF COURT 62 :2 Wd 82 /001110Z AND NOW, this 28th day of October, 2014, upon consideration of the Defendants' Motion for Sanctions; and the Court having been advised that the Plaintiff has not filed an answer to the Motion or complied with this Court's Order of July 2, 2014, to provide Plaintiff's expert witness report to the Defendants' counsel on or before September 1, 2014, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Plaintiff to show cause why Defendants' Motion for Sanctions should not be granted. 2. An answer to this Rule shall be filed on or before November 7, 2014. 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. i 4. Should the Plaintiff file an Answer, the Court will determine the necessity for hearing and/or oral argument. ✓ Lee Mandarino, Esquire Attorney for Plaintiff Kevin D. Rauch, Esquire Attorney for Defendants bas Q.of i e....S fri•ai'Lri. io/a a/it =r>h By the Court, Fli CD -OFFICE OF TNT- PROTHONOTARY 2131ii NOV 13 11: 4 1 CUME-JERI fir Lwi" 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. MOTION TO MAKE RULE ABSOLUTE (Jury ?aria! Demanded) CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. #17676 Filed on Behalf of the Defendants 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. (Jury Trial Demanded) CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. MOTION TO MAKE RULE ABSOLUTE AND NOW, come the Defendants, Christine and Gary Harkness, by and through their counsel, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Make Rule Absolute and in support thereof avers as follows: 1. This case arises out of an motor vehicle accident which occurred on November 28, 2007. 2. On October 28, 2014, the Honorable Judge M.L. Ebert, Jr., entered a Rule to Show Cause following the Defendants' Motion for Sanctions. 3. The Rule was returnable by November 7, 2014. 4. No response was filed by the Plaintiff. 5. Accordingly, Defendants request this Honorable Court enter an Order granting Defendants' Motion for Sanctions and dismissing the above -referenced matter, with prejudice. WHEREFORE, Defendants, Christine and Gary Harkness, respectfully requests this Honorable Court make the previously entered Rule absolute and enter an Order granting the Defendants' Motion for Sanctions and dismissing the above -referenced matter, with prejudice. Respectfully submitted, SUMMERS, McDONNE, L, HUDOCK, & GUTHRIE, P.C. evin D. Rauch, Esquire Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NIVERTITI EWIDEH, Plaintiff, NO. 09-8222 v. (Jury Trial Demanded) CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. ORDER AND NOW, this day of 2014, upon consideration of Defendants, Motion to Make Rule Absolute, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that this case is dismissed with prejudice. BY THE COURT J. Distribution List: Lee Mandarino, Esquire, 3300 Trindle Rd. Suite 2, Camp Hill, PA 17011 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock & Guthrie, P.C.; 945 East Park Drive, Suite 201, Harrisburg, PA 17111 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Make Absolute has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 11th day of November, 2014. Lee Mandarino, Esquire 3300 Trindle Rd. Suite 2 Camp Hill, PA 17011 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. K7 in D. Rauch, Esquire ounsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NIVERTITI EWIDEH, Plaintiff, v. CHRISTINE SPALDING HARKNESS and GARY HARKNESS, Defendants. AND NOW, this lith day of CIVIL DIVISION NO. 09-8222 (Jury Trial Demanded) ORDER rn cx) -‹ 3> zcJ > —1 CO -< CC) ost 2014, upon consideration of Defendants, Motion to Make Rule Absolute, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that this case is dismissed with prejudice. BY THE COURT Distribution List: Mandarino, Esquire, 3300 Trindle Rd. Suite 2, Camp Hill, PA 17011 ../KKevin D. Rauch, Esquire; Summers, McDonnell, Hudock & Guthrie, P.C.; 945 East Park Drive, Suite 201, Harrisburg, PA 17111 *es fr2,:l_s.c:Lo /ropy