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HomeMy WebLinkAbout10-4368 Firm File No.: 07-09483 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES F.LFi By: Stewart C. Crawford, Sr., Esquire .?? C Attorney Id. No.: 09827 ??` 223 North Monroe Street Media, Pa 19063 2010 NM 12: 428 Telephone: (877)-992-6311, ext. 21 Web: www.subrolaw.us NT E-Mail: sccrawford(cl?,subrolaw.us i Attorney for PlaintiAllstate Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION ALLSTATE INSURANCE COMPANY 309 Lakeside Drive, Suite 100 Horsham, PA 19044 V. NORFIELD TRUCKING 7525 Holland Road Taylor, MI 48180 And PATRICK MCDANIEL 9443 Terry Street Romulus, MI 48174 IN CIVIL ACTION NO.: /Q ? 3 6 ? Gav j` ? ? ?<??t. 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are further 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 LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en has paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace faita asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma sus defensas o sus objections a las demandas en contra de su persona. Ses avisado que si usted no se defiende la corte tomara modidas ypuede continuar iha demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandame y requiera que usted cumpia con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedaces u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 / 7694 fi-1 1d-"Yys?G Firm File No.: 07-09-483 THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES By: Stewart C. Crawford, Sr., Esquire Attorney Id. No.: 09827 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311, ext. 21 Web: www.subrolaw.us E-Mail: sccrawford(&subrolaw.us Attorney for Plaintiff Allstate Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN CIVIL ACTION ALLSTATE INSURANCE COMPANY IN CIVIL ACTION 309 Lakeside Drive, Suite 100 Horsham, PA 19044 NO.. V. ; NORFIELD TRUCKING 7525 Holland Road Taylor, MI 48180 And PATRICK MCDANIEL 9443 Terry Street Romulus, MI 48174 COMPLAINT Motor Vehicle Property Damage 1. Plaintiff is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principle places of business at the above-captioned address. 2. Defendant, Norfield Trucking, is a business entity authorized to do business in Pennsylvania and was the owner of the motor vehicle involved in this incident and, at all times pertinent hereto, had as a principle place of business the above-captioned address. 1 3. Defendant, Patrick McDaniel, is an adult individual and, at all times pertinent hereto resided at the above-captioned address and was the operator of Defendant Owner's motor vehicle and did so as an agent, servant, workman or employee of the business and on the behalf of the Owner. 4. On January 27, 2009, Plaintiff provided insurance, insuring against the risk of loss to Bill G. Kinney, hereinafter referred to as the named insured. 5. On the aforesaid date, a motor vehicle insured by Plaintiff hereafter, the insured vehicle, was involved in an incident with Defendant's vehicle. 6. On the aforesaid date, the insured vehicle was traveling in the center lane on Highway 581 in Camp Hill, Pennsylvania. The defendant vehicle was traveling directly in front of the insured vehicle. The defendant vehicle made a stop for unknown reason. The insured vehicle then went over into the right slow down/ramp lane and stopped the insured vehicle. As insured vehicle was stopped, to the right of the defendant vehicle, the defendant vehicle made a right turn from the center lane and struck the insured vehicle causing damages. 7. Defendant driver was negligent and careless and the sole cause of this incident in that Defendant driver: a. did not operate their vehicle in a manner that maintained an assured clear distance and disregarded the hazard created by other vehicles on the roadway and did not operate their vehicle in a reasonably and prudently safe manner with respect to those conditions in violation of 75 Pa.C.S. § 3361; b. did not operate their vehicle with a speed calculated to avoid collision with another vehicle or in a manner consistent with their duty to exercise caution at an intersection in violation of 75 Pa.C.S. § 3361; c. was careless, inattentive or distracted and otherwise operated their vehicle without regard for the safety of other persons or property in violation of 75 Pa.C.S. § 3714; d. did not make proper observations or properly account for their own vehicle's lane position or the lane positioning of the insured vehicle in violation of 75 Pa.C.S. § 3714 2 e. in addition to traditional negligence, defendant is negligent per se for violating the above referenced statutes; f. was otherwise negligent and/or violated local laws and the laws of the Commonwealth of Pennsylvania, including, but not limited to: 75 Pa.C.S. § 3361 and 75 Pa.C.S. § 3714. 8. Plaintiff became liable for damages that arose out of this incident. 9. Due to this incident, expenses were incurred for damages to the insured vehicle, towing, storage and car rental. 10. Pursuant to the principles of equity, the statutory and the common law, Plaintiff is subrogated for all money paid and seeks recovery of these sums totaling $4,106.89. WHEREFORE, Plaintiff demands judgment for $4,106.89 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNTI PLAINTIFF V. PATRICK MCDANIEL 11. Plaintiff incorporates paragraphs 1 through 10 inclusive as if fully set forth at length herein. 12. Defendant is liable as the negligent driver. WHEREFORE, Plaintiff demands judgment for $4,106.89 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. COUNT II PLAINTIFF V. NORFIELD TRUCKING 13. Plaintiff incorporates paragraphs 1 through 12 inclusive as is fully set forth at length herein. 14. Defendant owner is liable under the Doctrine of Respondeat Superior for the negligence of the Defendant driver. 3 15. Defendant owner was negligent in entrusting this motor vehicle to someone who Defendant knew or could have known was a dangerous, unlicensed, inexperienced or careless motor vehicle operator. 16. Defendant owner is liable as the negligent driver. WHEREFORE, demands judgment for $4,106.89 in addition to interest from the date of the loss, the costs of this lawsuit, certain administrative costs, and whatever additional relief the Court may deem proper. Stewart C. Crawford, Esquire Attorney for Plaintiff Date: C' 2 O 4 VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Stewart C. Crawford, Esquire Attorney for Plaintiff Date: Cv 5 ? LT rn yT _L "Tl ` Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire 87244 D N s for Defendants' Attorne I. . o. y C N 301 Market Street B 109 P O :9 ox . . - Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com ALLSTATE INSURANCE COMPANY, IN THE COURT OF COMMON P LEAS Plaintiff CUMBERLAND COUNTY, PENN SYLVANIA V. : CIVIL ACTION - LAW NORFIELD TRUCKING and NO. 10-4368-Civil PATRICK McDANIEL, Defendants ARBITRATION PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Wade D. Manley, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendants Northfield Trucking Co., Inc. (improperly identified as "Norfield Trucking") and Patrick McDaniel in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER By:_ 0 0M - Vpde D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: 41111c, Norfield Trucking and Patrick McDaniel 413716 14199-18 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at o? Lemoyne, Pennsylvania, with first-class postage prepaid on the q4 day of 2010, addressed to the following: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE, STEWART & WEIDNER By: kv slp't4 Wade D. Manley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants " -0FFICF ,,x 1t O,;U TAR Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 wdm@jdsw.com ALLSTATE INSURANCE COMPANY, Plaintiff V. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants NO. 10-4368-Civil ARBITRATION NOTICE TO PLEAD TO: ALLSTATE INSURANCE COMPANY, Plaintiff c/o STEWART C. CRAWFORD, SR., ESQUIRE Law Offices of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. / i C Attora iryrs+idtr'de"Ats IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHNSON, DUFFLE, STEWART & WEIDNER By: Z!6? Wade q. Mynley, Esquire Attorne I. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: Q jt8lfo Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com ALLSTATE INSURANCE COMPANY, Plaintiff V. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4368-Civil ARBITRATION ANSWER OF DEFENDANTS NORTHFIELD TRUCKING AND PATRICK McDANIEL TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND NOW, come the Defendants, Northfield Trucking and Patrick McDaniel, by and through their counsel, Johnson, Duffie, Stewart & Weidner, P.C., and file the following Answer With New Matter to the Plaintiffs Complaint and state as follows: 1. Denied. After reasonable investigation, the answering Defendants are unable to make a determination as to the truth or falsity of the averments in this paragraph and, therefore, the averments contained in this paragraph are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, the answering Defendants are unable to make a determination as to the truth or falsity of the averments in this paragraph and, therefore, the averments contained in this paragraph are denied and strict proof thereof is demanded. 5. Admitted in part; denied in part. It is admitted that on January 27, 2009 the Defendants' vehicle was struck by another vehicle. The remainder of the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 6. Admitted in part; denied in part. It is admitted that on January 27, 2009 the Defendants' vehicle was traveling on Route 581 in Camp Hill, Pennsylvania. The remainder of the averments contained in this paragraph are specifically denied and strict proof thereof is demanded. 7. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, the averments in this paragraph are specifically denied and strict proof thereof is demanded. 8. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, the averments in this paragraph are specifically denied and strict proof thereof is demanded. 9. Denied. After reasonable investigation, the answering Defendants are unable to make a determination as to the truth or falsity of the averments in this paragraph and, therefore, the averments contained in this paragraph are denied and strict proof thereof is demanded. 10. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, the averments in this paragraph are specifically denied and strict proof thereof is demanded. WHEREFORE, the answering Defendants respectfully request that this Court enter judgment in their favor and strike the Plaintiff's Complaint with prejudice. COUNT I Allstate Insurance Company v. Patrick McDaniel 11. Answering Defendants incorporate their responses to paragraphs 1 through 10 as though fully set forth herein at length. 12. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, the averments in this paragraph are specifically denied and strict proof thereof is demanded. WHEREFORE, the answering Defendants respectfully request that this Court enter judgment in their favor and strike the Plaintiff's Complaint with prejudice. COUNT II Allstate Insurance Company v. Northfield Truckina 13. Answering Defendants incorporate their responses to paragraphs 1 through 12 as though fully set forth herein at length. 14. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, the averments in this paragraph are specifically denied and strict proof thereof is demanded. 15. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, the averments in this paragraph are specifically denied and strict proof thereof is demanded. 16 Denied. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, the averments in this paragraph are specifically denied and strict proof thereof is demanded. WHEREFORE, the answering Defendants respectfully request that this Court enter judgment in their favor and strike the Plaintiff's Complaint with prejudice. NEW MATTER By way of additional answer and reply, the answering Defendants raise the following New Matter: 17. Some or all of the Plaintiff's claims are barred by the applicable statute of limitations. 18. Some or all of the Plaintiff's claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C. S.A. §1701, et seq., and especially by §1722 of that law. 19 Discovery may reveal that the Plaintiff has failed to mitigate its damages. 20. Discovery may reveal that some or all of the Plaintiff's alleged injuries, conditions or damages preexisted the date of the alleged accident and were not caused or aggravated by this accident. 21. Discovery may reveal that some or all of the Plaintiff's alleged injuries, conditions or damages were caused by events that occurred subsequent to this accident. 22. To the extent that the Plaintiff has been or will be paid some or all of its damages, then the claims for those damages are barred both by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and the defense of payment generally. 23. Plaintiff has failed to state a cause of action upon which relief of any kind can be granted. 24. The Plaintiffs alleged cause of action is barred in whole in part by the doctrines of comparative negligence and/or contributory negligence, as may be applied to the facts disclosed during discovery. 25. The mechanism of the Plaintiff's alleged injuries are under the care, custody and control of persons or entities other than the answering Defendants. 26. The mechanism of the Plaintiffs alleged injuries are under the care, custody and control of persons or entities other than the answering Defendants, such as persons including, but not limited to, the Plaintiff or the Plaintiff's insured. 27. The alleged damages claimed by the Plaintiff were created and/or caused by individuals under circumstances over whom the answering Defendants had no control or right to control. 28. The sudden and unexpected conditions at the time of the accident may have created an emergency for drivers on the roadway, including the answering Defendant, Patrick McDaniel. WHEREFORE, answering Defendants respectfully request that the Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in their favor. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. U RM r Wade 15. Manle , Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: f *P 4123943 14199-18 VERIFICATION hereby acknowledge that Northfield Trucking Company, Inc. is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer to Plaintiff's Complaint Including New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. NORTHFIELD TRUCKING COMPANY, INC. By: DATE: 91(911 io VERIFICATION I, PATRICK McDANIEL, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer to Plaintiff's Complaint Including New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. G 4 PATRICK MCDANIEL DATE: e / /0 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer of Defendants Northfield Trucking and Patrick McDaniel to Plaintiffs Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ygfh day of 2010, addressed to the following: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE, STEWART & WEIDNER By: [V_ !I a4 Wade D. Manley, squire Attorney I.D. No. 7244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com ALLSTATE INSURANCE COMPANY, Plaintiff V. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants Attorneys for Defendant --S r? IN THE COURT OF COMMON P L EAS CUMBERLAND COUNTY, PA 11 CIVIL ACTION - LAW NO. 10-4368-Civil ARBITRATION DEFENDANT'S MOTION TO COMPEL DISCOVERY IN-k 15 - day of January, 2011, come the Defendants, Northfield rucking AND NOW, this 1 and Patrick McDaniel, by and through their undersigned attorneys, Johnson, Duffie, Weidner, and moves for an Order compelling Plaintiff to comply with the requi outstanding discovery as follows: 1 & of The Defendants, Northfield Trucking and Patrick McDaniel, the moving parties herein, are represented in this matter by Wade D. Manley, Esquire of Johnson, Duffie,l Stewart & Weidner, P.C., 301 Market Street, Lemoyne, Pennsylvania, 17043; telephone number (717) 761-4540, and facsimile number (717) 761-3015. 2. The Plaintiff and the responding party herein is Allstate Insurance Company, who is represented in this matter by Stewart C. Crawford, Sr., Esquire, Law Offices of Stewart C. Crawford & Assoc., 223 North Monroe Street, Media, Pennsylvania 19063. 3. This case involves a claim for Plaintiff's property damage resulting from a motor vehicle accident which occurred on or about January 27, 2009. 4. On September 15, 2010, the Defendants served the Plaintiff with the following discovery: a) Interrogatories to the Plaintiff, a copy of which is attached hereto as Exhibit "A"; and b) Request for Production of Documents to the Plaintiff, a copy of which is attached hereto as Exhibit "B." 5. On December 1, 2010, the undersigned counsel sent to the Plaintiff's attorney a letter, a copy of which is attached hereto as Exhibit "C," relating to the Plaintiff's failure to answer the above-enumerated discovery items. 6. On December 30, 2010, the undersigned sent a letter to the Plaintiff's attorney advising him that review of the file indicated that his client had failed to answer the discovery posed and to please send copies of the Plaintiff's answers and responses to the undersigned's office in order to avoid the instant motion. A copy of the December 30, 2010 correspondence is attached hereto as Exhibit "D." 7. The Plaintiff's attorney did not respond to or acknowledge either the November 30, 2010 correspondence or the December 30, 2010 correspondence. 8. As of the date of the filing of this Motion, no answers or objections have been received from Plaintiff's counsel to the above-enumerated discovery items. 9. By reason of the foregoing, the Plaintiff has failed to timely respond to the Defendants' discovery, which is the subject of this Motion. 10. The Defendants require the Plaintiffs compliance with discovery to evaluate the Plaintiffs claims involved in this matter and to defend against the Plaintiff's action. 11. No judge has ruled on any issue involved in this matter. 12. Opposing counsel has not responded to any request for compromise or concurrence with this Motion. WHEREFORE, the Defendants respectfully request that an Order be entered compelling the Plaintiff to answer and respond to the discovery propounded by the Defendants which is the subject of this Motion. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Wom C Wa a D. Manley, Esquire Attorney I. D. No. 87244 :426389 14199-18 CERTIFICATE OF SERVICE k AND NOW, this IV, ' day. of January, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the parties of record by causing same to be deposited in the United States Mail with first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE, STEWART & WEIDNER By: 1N q OIAn Wade D. Manl y 0 Z, 00 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com ALLSTATE INSURANCE COMPANY, Plaintiff V. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-4368-Civil ARBITRATION INTERROGATORIES OF DEFENDANTS NORTHFIELD TRUCKING, CO., INC. AND PATRICK McDANIEL FOR ANSWER BY PLAINTIFF TO: ALLSTATE INSURANCE COMPANY, Plaintiff c/o STEWART C. CRAWFORD, SR., ESQUIRE Law Offices of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, of seq., to serve upon the undersigned, within 30 days after service of this Notice, your Answers in writing under oath to the following Interrogatories. JOHNSON, DUFFIE, STEWART & WEIDNER v" ',4 l By: DATE: q firlt 3 ..... .... ._..._„ Attorney,I. D. No. 87244 Attorneys for Defendant DEFINITIONS AND INSTRUCTIONS (1) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (2) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (a) The nature of the document (e.g. letter, memorandum, computer print- out, minutes, resolution, tape recording, etc.); (b) Its date (or if it bears no date, the date when it was prepared); (c) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (d) The name, address, employer and position of the person, if any, to whom the document was sent; (e) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (f) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (g) A brief statement of the subject matter of such document. (3) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (a) The means of communication (e.g., telephone, personal conversation, etc.); (b) Where it took place; (c) Its date; (d) The names, addresses, employers and positions (1) of all persons who participated in the communication; and (2) of all other persons who were present during or who overheard that communication; (e) The substance of who said what to whom and the order in which it was said; and (f) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (4) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (5) Whenever you are asked to "identify" a person, the following information should be given: The name, present address and present employer and position of the person; and (b) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (6) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (7) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. :413772 14199-18 1. State the Plaintiffs full legal name, date of incorporation, state of incorporation, name of any parent companies, present principal place of business address, present business status, and full name and title of the individual answering these interrogatories on behalf of the corporation. 2. Identify your driver and state the purpose, origin, destination, time of departure, estimated time of arrival, stops and intended stops made regard the trip your driver was on when the accident occurred. 3. At the time of the accident, what was the condition of the brakes, steering apparatus, tires and lighting equipment on the vehicle your driver was operating? 4. How many hours had your driver been driving on the day of the accident? 5. Had your driver ever received a warning, citation, reprimand or other violation while operating a vehicle? 6. Did your driver ever suffer from blackouts, amnesia, epilepsy, fainting spells, dizziness or any other condition which would impair his ability to operate a vehicle, state when and where it occurred, the name and address of the physician attending the condition; and whether he is still affected by the ailment. 7. At the time of the accident had your driver ever suffered from an ailments, diseases or disorder involving the muscular system, the ocular system, the auditory system, the nervous system, the head or any of its parts, the heart and circulatory system, and explain each condition in detail. 8. If your driver had ever been involved in any collision involving motor vehicles prior to the accident in question, state the date, time and location of each accident, the names and addresses of the persons involved in each accident; whether any legal proceedings were commenced as a result of the accidents; the names and addresses o the parties involved in those legal proceedings; the Court, Term and Number of those legal proceedings; and the result of those legal proceedings. 9. If your driver, the Plaintiff or the vehicle your driver was operating at the time of the accident were covered by any liability insurance policies, carried by you or anyone else at the time of the accident described in the Complaint, state the name and address of the company issuing each policy; the policy number of each such policy; the names and addresses of the persons named as insured under each such policy; whether the insurance company issuing each policy has denied coverage with respect to the accident for any reason and the name and reason given for such denial. 10. State the name, address, telephone number, occupation and any relationship to your driver and/or the Plaintiff of any person who witnessed the accident or who has or claims to have knowledge of any facts surrounding its occurrence. 11. Did your driver make a verbal statement to anyone at the time-following the accident with respect to any facts surrounding its occurrence? If so, what is the name, address, telephone number and occupation of each person to whom he made such statement? 12. Identify all written statements taken from your driver or any other individual by anyone following the accident and identify the date it was taken; the name, address, telephone number and occupation of the person who took the statement; the name, address, telephone number and occupation of the person who has custody or control of the statement.? You may attach a copy of each statement to your answers in lieu of responding to this Interrogatory. 13. Identify name, address, telephone number, occupation and relationship to your driver and/or the Plaintiff of each person making inspection the vehicle your driver was operating at the time of the accident to ascertain whether there were any dents, scrapes or other damage to that vehicle as a result of this accident and state the nature of the inspection and describe each item of damage. 14. If the vehicle your driver was operating at the time of the accident had any dents, scrapes, or other damage prior to the accident describe each such item of damage. 15. State the name, address, telephone number and occupation of the person who made any repairs to the vehicle your driver was operating at the time of the accident following the accident and, state the when and what repairs were made. 16. If you or any representative or any person acting on your behalf is in possession of any photographs of any of the vehicles or persons involved in this accident, the locale or surrounding area of this site of the accident, or any other matters of things involved in this accident, state the dates when such photographs were taken; the name and address of the party taking them; where they were taken; the object or subjects or the particular site or view which each photograph represents; and the present whereabouts of the photographs and the name and address of the person in possession or custody of same. 17. If you, or anyone acting on your behalf, made or obtained any plans, drawings, sketches, or diagrams of the site of the accident, state the identity of each said plain., drawing, sketch or diagram; the date when each of the same was made; the name an address o the person making the same; and the name and address of the person having custody of same. 18. Identify any and all experts you intend to call as a witness in this matter and state his or her name, address and field of expertise within which he/she will testify. 19. List the names and address of each person you intend to call as a witness at the trial of this case. 20. Identify by date of preparation, description, and name of person preparing, all documents or other objects which you will introduce as exhibits at the trial of this matter, identified with regard to the issues of liability (L) and damages (D). 21. If you or anyone acting on your behalf know or believe that any investigations were conducted of the incident which is the subject matter of this action, state each person and employer of each person who so conducted investigations; and the person who has custody of or possession of any written notes, reports or other documents prepared during or as a result of the investigation. 22. Please identify any and all drugs and medication your driver was taking prior to this accident by stating the specific name of drug; dates of use; dosage; reasons for use; and names and addresses of the physicians prescribing the medication. 23. In your own words, state your understanding how the accident, which is the subject of this lawsuit, occurred. 24. Please state where the answers to these interrogatories were prepared and the name and title of any and all persons aiding and helping you or giving you information in connection with the preparation of these answers. 25. State your driver's full name, present address, present business or occupation, and your date of birth. 26. For the past ten (10) years, state the name and address of each employer of your driver; the dates of employment; the nature and duties of the employment; and wages and earnings on an hourly, weekly or annual basis. 27. If any license your driver possessed contained a restrictions of any sort, state the restriction; the name of issuing State; the date of issuance; and all offenses or violations recorded on a license. 28. If your driver had you ever traveled the roadway on which the accident occurred prior to the time of the accident state the extent of previous travel and when you last traveled same prior to the accident. 29 Was your driver required to and were I wearing eyeglasses or other corrective lenses at the time of the accident? Were the glasses tinted? 30. To what degree, was your driver's visibility impaired as you traveled the last 900 yards leading to the point where the accident occurred, by the presence on or about the road of a curve, bump, depression, incline, downgrade, embankment, signboards, vehicles, people, smoke, dust, materials in the air, rain or other precipitation, vegetation, or any other condition? 31. What were the weather and roadway conditions at the time of the accident? 32. How may seconds elapsed between the time your driver first realized that an accident might happen and the actual happening of the accident? 33. At the scene of the accident, what was the posted speed limit and what was the maximum safe speed a driver could have been traveling under the conditions that existed at the time of the accident? 34. What, if anything, did your driver do in the operation of the vehicle to attempt to avoid the accident? 35. If your driver applied the vehicle's brakes prior to the accident, state the distance in feet from the point of accident when the brakes were first applied; the distance in feet traveled by the vehicle from the point of application of the brakes and the stopping point; and if the brakes were not applied, explain why not. 36. State the name, address, telephone number and occupation of the person who made any repairs to the vehicle operated at the time of the accident following the accident and, state the when and what repairs were made. 37. State with specificity the entire amount of damages claimed and how that damage amount is calculated. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the (7 ' day of ?yk"? , 2010, addressed to the following: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE. STEWARD & WEIDNER, P.C. By: Wade D. Manley, E quire I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorneys for Defendants oe?ll` Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com ALLSTATE INSURANCE COMPANY, Plaintiff V. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-4368-Civil ARBITRATION REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS DIRECTED TO PLAINTIFF TO: ALLSTATE INSURANCE COMPANY, Plaintiff c/o STEWART C. CRAWFORD, SR., ESQUIRE Law Offices of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4009, et seq., to serve upon the undersigned, within 30 days after service of this Notice, your Answers in writing under oath to the following Requests. JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade [5. Manley( Esquire I.D. No. 87244 Attorneys for Defendant DATE: C? fh INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received. (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information conceming the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, e-mails, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other wr iting (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody, or control. REQUEST FOR PRODUCTION OF DOCUMENTS 1. Complete and clearly readable copies of all objects, photographs, drawings, reports, statements or otherwise described documents or objects in the possession of Plaintiff in reference to the accident as defined herein "excluding only" those written documents, materials and objects that can be clearly identified as the work product of the attorneys for Plaintiff. This specifically includes any and all reports and written or electronically recorded statements made by any of the defendants to any other person, organization or governmental entity. 2. Complete and clearly readable copies of all maintenance files and records for the one year period prior to the accident maintained by Plaintiff on the Vehicle involved in the accident inclusive of any inspections, repairs or maintenance done to the Vehicle. In addition, all driver daily vehicle condition reports submitted by the driver(s) on the Vehicle, for the one year period prior to the accident in the possession of Plaintiff. 3. All statements, signed statements, transcripts or recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 4. All expert opinions, reports, summaries or other writings in your custody or control or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 5. All documents, correspondence or other drawings, sketches, diagrams, or writings in your custody or control or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 6. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorney(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 7. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation. 8. All documents which you intend to rely upon or introduce at arbitration or trial of this litigation. 9. A copy of the declaration sheet for each motor vehicle insurance policy under which you were a "named insured" or "insured" at the time of this accident. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER w '? ?C C? By: Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 Telephone: (717) 761-4540 DATE: ej ??? f p :413773 14199-18 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 15; 'o'' day of C4-/1 19-? , 2010, addressed to the following: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE, STEWART & WEIDNER ?i By, Wade D. Manley, E quire Attorney I.D. No. 8 244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Irr 1 JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY JL?'wso? DUFFIE December 1, 2010 Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW R DOLLMAN SARAH E. HOFFMAN ANDREW J. PETSU, JR. CAROLYN B. MCCLAIN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) Re: Allstate Insurance Company v. Northfield Trucking and Patrick McDaniel Cumberland County Civil Action No. 10-4368 Civil Term Dear Mr. Crawford: On September 15, 2010, 1 sent you Defendants' Interrogatories and Request for Production of Documents for answer by your client in the referenced matter. To date, I have not received any response to the written discovery posed to your client and the 30 day period for your client to respond has been expired for over a month. Please provide me with an update regarding your client's responses to the written discovery outstanding. I look forward to hearing from you in this regard. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER W?44,? Wade D. Ma ley :422814 14199-18 cc: Mr. Mike Hathaway (Claim No. AL84993; Insured: Northfield Trucking Co., Inc.; D/L: 1/27/09) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. "**?p JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY Jot NSON DUFFIE December 30, 2010 Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER ANDREW P. DOLLMAN SARAH E. HOFFMAN ANDREW J. PETSU, JR. CAROLYN B. MCCLAIN OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) 1, . . Re: Allstate Insurance Company v. Northfield Trucking and Patrick McDaniel Cumberland County Civil Action No. 10-4368 Civil Term Dear Mr. Crawford: On September 15, 2010, 1 sent you Defendants' Interrogatories and Request for Production of Documents for answer by your client in the referenced matter. On November 30, 2010, 1 sent you a letter asking you to let me, know when I could expect to receive your client's responses to the written discovery outstanding. I have not heard from you in any manner. - Please contact me within ten (10) days from the date of this letter so that we can reach an amicable agreement to the outstanding discovery in order to avoid the filing of a Motion at that time. I look forward to hearing from you in this regard. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER w /I? ( Wade D. Manl y :426383 cc: Mr. Mike Hathaway (Claim No. AL84993; Insured: Northfield Trucking Co., Inc.; D/L:, 1/27109) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.761.4540 FAX:717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. n CERTIFICATE OF SERVICE AND NOW, this ( f - day of January, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the parties of record by causing same to be deposited in the United States Mail with first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE, STEWART & WEIDNER By:. M Wade D. Ma ley F', I-F ..I FFICE G T HEE PR,0.> 1"N 0H0TAR Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com ALLSTATE INSURANCE COMPANY, Plaintiff V. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants 2011 PER 23 P111 2: 27 Attorneys for Defendant CUIERL.AND COUNTY 0 E N l YLVANdA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-4368-Civil ARBITRATION MOTION FOR RULE ABSOLUTE AND NOW, this -UP4 day of February, 2011, come the Defendants, Northfield Trucking and Patrick McDaniel, by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and moves for an Order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. This case involves a claim for Plaintiff's property damage resulting from a motor vehicle accident which occurred on or'about January 27, 2009. 2. On September 15, 2010, the Defendants served Interrogatories and Requests for Production of Documents upon the Plaintiff which have yet to be answered despite attempts by Defense counsel to resolve the issue prior to requesting relief from this Court. 3. On January 19, 2011, the Defendants filed a Motion to Compel discovery based on the Plaintiff's failure to provide complete answers and responses to the Interrogatories and Requests for Production of Documents previously served. 4. On January 26, 2011, the Honorable Kevin A. Hess, issued a Rule to Show Cause upon the Plaintiff to show cause why the relief requested in the Defendant's Motion to Compel should not be granted. The Rule to Show Cause, dated January 26, 2011, is attached, incorporated by reference herein, and marked as Exhibit A. 5. The Rule to Show Cause was returnable within twenty (20) days of service. 6. Undersigned counsel served the Order of Court issuing the Rule to Show Cause on Plaintiff's counsel, Stewart C. Crawford, Sr., Esquire, on January 31, 2011. A copy of the correspondence to Stewart C. Crawford, Sr., Esquire, dated January 31, 2011, is attached, incorporated by reference herein, and marked as Exhibit B. 7. As of the filing of the instant motion to make the rule absolute, the Plaintiff has wholly failed to show cause why the relief requested and the Defendant's Motion to Compel, should not be granted. WHEREFORE, the Defendant moves for a Rule Absolute and an Order compelling the Plaintiff to provide full and complete answers and responses to the Interrogatories and Requests for Production of Documents propounded by the Defendant within fifteen (15) days or suffer sanctions pursuant to Pa.R.C.P. 4019, including dismissal of the action. :432317 14199-18 JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. M nley, Esquire Attorney I. D. No. 87244 ????? ALLSTATE INSURANCE CO., Plaintiffs VS. NORFIELD TRUCKING and PATRICK MCDANIEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4368 CIVIL IN RE: DEFENDANTS' MOTION TO COMPEL DISCOVERY ORDER AND NOW, this Z(.- day of January, 2011, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, A. Hess, J. z ( I-S / ?" JERRY R. DUFFIE WADE D. MANLEY RICHARD W. STEWART ELIZABETH D. SNOVER EDMUND G. MYERS L A W 0 F F I C E S ANDREW P. DOLLMAN DAVID W. DELUGE SARAH E. HOFFMAN JOHN A. STATLER OHNSON ANDREW J. PETSU, JR. JEFFERSON J. SHIPMAN CAROLYN B. MCCLAIN JEFFREY B. RTIG I U FF E KEVIN E. OSBORNE D MA RK C. DUFFIE OF COUNSEL JOHN R. NINOSKY HORACE A. JOHNSON MICHAEL J. CASSIDY C. ROY WEIDNER, JR. MELISSA PEEL GREEVY F LEE SHIPMAN (1965-2006) N e). 1.22 January 31, 2011 Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 Re: Allstate Insurance Company v. Northfield Trucking and Patrick McDaniel Cumberland County Civil Action No. 10-4368 Civil Term Dear Mr. Crawford: I enclose a copy of the Order issued by Judge Kevin A. Hess on January 26, 2011 in the above-captioned action. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Wade D. Ma ley WDM/ch:429733 14199-18 Enclosure cc: Mr. Mike Hathaway (w/enclosure) (Claim No. AL84993; Insured: Northfield Trucking Co., Inc.; D/L: 1/27/09) 301 MARKET STREET P. 0. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. ALLSTATE INSURANCE CO., Plaintiffs vs. NORFIELD TRUCKING and PATRICK MCDANIEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4368 CIVIL IN RE: DEFENDANTS' MOTION TO COMPEL DISCOVERY ORDER AND NOW, this Z G- day of January, 2011, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, A. Hess, J. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Order upon all parties or counsel of record by depositing a copy of same in the United) States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 1-1 day of J 2011, addressed to the following: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Associates 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE, STEWART & WEIDNER By: ak Wade D. M nley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants CERTIFICATE OF SERVICE AND NOW, this yz"? day of February, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the parties of record by causing same to be deposited in the United States Mail with first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE, STEWART & WEIDNER ?X L4 (al By: Wade D. M ley ¦ ALLSTATE INSURANCE COMPANY, Plaintiff v. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-4368-Civil ARBITRATION AND NOW, this Z 9y day of 2011, upon the consideration of the Defendant's Motion to Make Rule Absolute, it is hereby ordered that the Defendant's Motion is GRANTED, and the Plaintiff is hereby ORDERED to provide full and complete answers and responses to the Interrogatories and Request for Production of Documents propounded by the sw-rkp.? dI Defendant within fifteen (15) days of the date ofAthis Order, or suffer sanctions pursuant to Pa.R.C.P. 4019, including dismissal of the action. Distribution: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 Counsel for Plaintiff r? Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 Counsel for Defendant f ?pie5 ma.I,ed Qlall?.~ at •1 T1 } rv co r-a -r r-- - c:) c. ' r,•,1 BY THE COURT: / 4 Johnson, Duffle, Stewart & Weidner By Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. 0. Box 109 Le royne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com ALLSTATE INSURANCE COMPANY, Plaintiff V. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants it: COUNT LYA??ia Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-4368-Civil ARBITRATION MOTION FOR SANCTIONS AND NOW, this 7-14 day of March, 2011, come the Defendants, Northfield Trucking and Patrick McDaniel, by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and who moves for an order granting sanctions against Plaintiff, Allstate Insurance Company, for failure to answer discovery in a timely manner; and in support thereof, represents as follows: 1. This case involves a claim for Plaintiff's property damage resulting from a motor vehicle accident which occurred on or about January 27, 2009. 2. On September 15, 2010, the Defendants served Interrogatories and Requests for Production of Documents upon the Plaintiff which have yet to be answered despite attempts by Defense counsel to resolve the issue prior to requesting relief from this Court. 3. On January 19, 2011, the Defendants filed a Motion to Compel discovery based on the Plaintiff's failure to provide complete answers and responses to the Interrogatories and Requests for Production of Documents previously served. 4. On January 26, 2011, the Honorable Kevin A. Hess, issued a Rule to Show Cause upon the Plaintiff to show cause why the relief requested in the Defendant's Motion to Compel should not be granted. The Rule to Show Cause, dated January 26, 2011, is attached, incorporated by reference herein, and marked as Exhibit "A." 5. The Rule to Show Cause was returnable within twenty (20) days of service. 6. Undersigned counsel served the Order of Court issuing the Rule to Show Cause on Plaintiff's counsel, Stewart C. Crawford, Sr., Esquire, on January 31, 2011. A copy of the correspondence to Stewart C. Crawford, Sr., Esquire, dated January 31, 2011, is attached, incorporated by reference herein, and marked as Exhibit "B." 7. On February 28, 2011 the Honorable Kevin A. Hess entered an Order granting Defendants' Motion to Make Rule Absolute requiring Plaintiff to produce full and complete answers to Defendants' discovery requests within 15 days of service. The Order, dated February 28, 2011, is attached, incorporated by reference herein, and marked as Exhibit "C." 8. In the abundance of caution, undersigned counsel served Plaintiff's counsel with a copy of the February 28, 2011 Order on March 2, 2011. A copy of the correspondence to Stewart C. Crawford, Sr., Esquire, dated March 2, 2011, is attached, incorporated by reference herein, and marked as Exhibit "D." 9. As of the present date, Plaintiffs have still failed to answer or object to the written discovery served by Defendants. 10. The Defendants' ability to move the move litigation forward has been prejudiced by Plaintiffs' failure to respond to the written discovery. 11. Pennsylvania Rule of Civil Procedure 4019 authorizes the Court to enter an Order precluding a party from introducing evidence at trial and dismissal of Plaintiff's cause of action as a sanction for failing to provide discovery. See, Pa.R.C.P 4019(c)(2). 12. A trial court is also authorized to impose monetary sanctions against parties who refuse to cooperate with discovery. 13. Defendants have incurred additional costs and fees associated with the drafting and filing of the Motion to Compel, the Motion to Make Rule Absolute and the present Motion for Sanctions. 14. Defendants' counsel has made a good-faith effort to resolve this issue by trying on several occasions to get Plaintiff's counsel to answer this discovery. 15. Defendant certifies that all reasonable efforts to resolve this dispute outside of Court have been made. 16. The Honorable Kevin A. Hess has ruled on previous issues in this matter. WHEREFORE, the Defendants respectfully request this Honorable Court to grant the Motion for Discovery Sanctions and that this Court issue an Order dismissing the Plaintiff's cause of action with prejudice, and preclude the Plaintiff from offering any evidence requested by the written discovery at the trial of this case. Additionally, it is respectfully requested that this Honorable Court award monetary sanctions against Plaintiff in the amount of $1500.00. JOHNSON, DUFFIE, STEWART & WEIDNER By: MU4 Wade D. Ma ley, Esquire Attorney I. D. No. 87244 DATE: 3 (t,? (I l :436109 14199-18 I ; ?,? /Op 7 ALLSTATE INSURANCE CO., Plaintiffs vs. NORFIELD TRUCKING and PATRICK MCDANIEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4368 CIVIL IN RE: DEFENDANTS' MOTION TO COMPEL DISCOVERY ORDER AND NOW, this z ?- day of January, 2011, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, A. Hess, J. JERRY R. DUFFIE WADE D. MANLEY RICHARD W. STEWART ELIZABETH D. SNOVER EDMUND G. MYERS L A W O F F I C E S ANDREW P. DOLLMAN DAVID W. DELUCE SARAH E. HOFFMAN JOHN A. STATLER JR. PETSU OH \' SON ANDREW J. JEFFERSON J. SHIPMAN M CCL N V CAROLYN B. CCLAI JEFFREY B. RETTIG nUFFIE KEVIN E. 0SBORN BORNE OF COUNSEL MARK C. DUFFIE HORACE A. JOHNSON R. NINOSKY JOHN C. ROY WEIDNER JR MICHAEL J. CASSIDY MELISSA PEEL GREEVY F LEE SHIPMAN (1965-2006) . ? i .t I t, tednrl?jt:,ar.cJUt January 31, 2011 Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 Re: Allstate Insurance Company v. Northfield Trucking and Patrick McDaniel Cumberland County Civil Action No. 104368 Civil Tenn Dear Mr. Crawford: I enclose a copy of the Order issued by Judge Kevin A. Hess on January 26, 2011 in the above-captioned action. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Wade D. Ma ley WDM/ch:429733 14199-18 Enclosure cc: Mr. Mike Hathaway (w/enclosure) (Claim No. AL84993; Insured: Northfield Trucking Co., Inc.; D/L: 1/27/09) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. ALLSTATE INSURANCE CO., IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4368 CIVIL VS. NOR-FIELD TRUCKING and PATRICK MCDANIEL, Defendants IN RE: DEFENDANTS' MOTION TO COMPEL DISCOVERY ORDER AND NOW, this 7-6- day of January, 2011, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, A. Hess, J. ??? ?d ALLSTATE INSURANCE COMPANY, Plaintiff V. NORFIELD TRUCKING and PATRICK McDANIEL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 10-4368-Civil ARBITRATION ORDER AND NOW, this -2:5' day of r-ebrrr cal-Y , 2011, upon the consideration of the Defendant's Motion to Make Rule Absolute, it is hereby ordered that the Defendant's Motion is GRANTED, and the Plaintiff is hereby ORDERED to provide full and complete answers and responses to the Interrogatories and Request for Production of Documents propounded by the 5eru;,z cf Defendant within fifteen (15) days of the date of.,this Order, or suffer sanctions pursuant to Pa.R.C.P. 4019, including dismissal of the action. BY THE COURT: /Sl ??.//Gtti CCU J. Distribution: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 Counsel for Plaintiff Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 Counsel for Defendant Z;jo F/ -?? JERRY R. DUFFIE RICHARD W STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S ANDREW P. DOLLMAN O?(^?JO\VI T SARAH E. S 4AN ANDREW J. PET PETSU, JR. CAROLYN B. MCCLAIN DUFFIE OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. F. LEE SHIPMAN (1965-2006) .t ?_ ?j >.i i, tl?(f tli?':`Iii>•. bb,('?l I-. March 2, 2011 Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 Re: Allstate Insurance Company v. Northfield Trucking and Patrick McDaniel Cumberland County Civil Action No. 10-4368 Civil Term Dear Mr. Crawford: I enclose a copy of the Order issued by Judge Kevin A. Hess on February 28, 2011 in the above-captioned action granting the Motion of Defendant to Make Rule Absolute and ordering full and complete answers to Defendant's discovery requests within 15 days of service. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Wade D. Manley WDM/ch:433252 14199-18 Enclosure cc: Mr. Mike Hathaway (w/enclosure) (Claim No. AL84993; Insured: Northfield Trucking Co., Inc.; D/L: 1/27/09) 301 MARKET STREET P0, BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.761.4540 FAX: 717,761.3015 MAILQJDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE AND NOW, this 7-qA4 day of March, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the parties of record by causing same to be deposited in the United States Mail with first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Stewart C. Crawford, Sr., Esquire Law Offices of Stewart C. Crawford & Assoc. 223 North Monroe Street Media, PA 19063 JOHNSON, DUFFIE, STEWART & WEIDNER W By: Wade D. M nle ALLSTATE INSURANCE CO., IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA n p CIVIL ACTION - LAW .n3 NO. 10-4368 CIVIL i n -0 ?m vs. C?oo NORFIELD TRUCKING and o PATRICK MCDANIEL, Z5 , Defendants --? w as IN RE: DEFENDANTS' MOTION FOR SANCTIONS ORDER AND NOW, this /N day of April, 2011, argument on the within motion for sanctions is set for Thursday, April 21, 2011, at 9:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Stewart C. Crawford, Sr., Esquire For the Plaintiff Wade D. Manley, Esquire For the Defendants CoP'es Ma?d qq/11 00 :rim t IN 01 Firm File No.07-09-483 T2 } i k ; : it The Law Offices of Stewart C. Crawford &rAsso By: Robert W. Claypole,Esquire Attorney Id. No.: 47956 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311 ext 17 Web: www.subrolaw.us E-Mail: rcla ole ,subrolaw.us -tB Erg' AND COUNT`'' Attorney for Plaintiff, Allstate Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY IN CIVIL LAW V. NORFIELD TRUCKING AND PATRICK MCDANIEL NO. 10-4368 PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION FOR SANCTIONS Denied. This is plaintiff's property damage subrogation claim for damage to the property of plaintiff's insured. 2. Denied. Answers have been provided to defendants' counsel on April 8, 2011, via email and regular mail. Attached as Exhibit A and incorporated by reference herein is a true and correct copy of plaintiff's counsel's cover letter sending the discovery responses to defendant's counsel. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. Robert W. Claypole, Esquire has taken over the handling of the file. His ability to respond to the discovery requests was due to the inability to locate the file which had the documents to respond to the discovery requests. 7. Admitted. 8. Admitted. 9. Denied. Answers have been provided to defendants' counsel on April 8, 2011, via email and regular mail. Attached as Exhibit A and incorporated by reference herein is a true and correct copy of plaintiff's counsel's cover letter sending the discovery responses to defendant's counsel. 10. Denied. This is specifically denied. Plaintiff is a corporation which has no personal knowledge of the accident. Prior to filing the lawsuit, plaintiff provided defendants' insurance carrier with the documents supporting plaintiff's claim amount. Attached as Exhibit B and incorporated by reference herein is a true and correct copy of Allstate Insurance Company's letter of March 31, 2009, to Cherokee Insurance enclosing copies of the documents relating to the property damage to Mr. Kinney's vehicle. Other than Defendant McDaniel, the only other person with knowledge of the accident is Bill Kinney, plaintiff's insured. Mr. Kinney is not a party to this lawsuit. Defendants have never subpoenaed Mr. Kinney to obtain his deposition or to obtain documents in his possession relating to the vehicle he was operating. Prior to the filing of this lawsuit, Mr. Kinney met with a representative of defendants' insurance carrier and gave defendants' carrier, his statement of how the accident occurred and provided the carrier with a diagram. Thus prior to suit even being filed defendants' carrier had the documentation supporting plaintiff's claim amount and a statement and diagram from plaintiff's insured regarding how the accident occurred. Thus, defendants' claim that they have been prejudiced by plaintiff's failure to respond to the written discovery request is completely false. Defendants had all the relevant information from plaintiff and its insured before suit was even filed. This is a $4,106.89 property damage subrogation claim. There is nothing else to provide to the defendants which they were not already provided with before suit was filed. Plaintiff incorporates its response from paragraphs 2 above and 13 below as if fully set forth at length herein. 11. Denied. This averment is a conclusion of law to which no response is required and it is therefore denied. By way of further answer, prior to imposing sanctions the Court must examine the party's failure to respond in light of the prejudice caused to the opposing party and whether that prejudice can be cured. Plaintiff's failure to respond was not willful but caused by an inability to locate the file. Defendant did not suffer any prejudice as Plaintiff does not have any personal knowledge of the accident. Plaintiff incorporates its response from paragraphs 2 and 10 above and 13 below as if fully set forth at length herein. 12. Denied. Plaintiff incorporates its response from paragraph 11 above as if fully set forth at length herein. 13. Admitted in part and denied in part. While defendants may have incurred costs, it was not in the pursuit of obtaining information relevant to this lawsuit. Defendants served the plaintiff with discovery requests that are apparently standard form discovery requests for a plaintiff owner of a motor vehicle involved in an accident or for a plaintiff who was a driver or passenger in motor vehicle that was involved in an accident but are inapplicable to the insurance carrier. Defendants' conduct in serving discovery requests which are irrelevant and then filing a motion to compel responses to defendants' irrelevant discovery requests is vexatious. Further evidence of the vexatious nature of defendants' discovery requests is the fact that defendants already had plaintiff's documents supporting plaintiff's damage claim and defendants already had a statement and diagram from plaintiff's insured regarding how the accident occurred. Two thirds of the interrogatories were inapplicable to the plaintiff/subrogor. The information that defendants sought to obtain would be in the possession of Bill Kinney, who is not a party to this lawsuit. Rather than serve Mr. Kinney with a subpoena to obtain Mr. Kinney's deposition or to obtain documents relating to Mr. Kinney's vehicle, defendants instead served discovery requests which were inapplicable to the plaintiff. The documents in plaintiffs possession relating to the amount of property damage sustained were already supplied to defendants' insurance carrier on March 31, 2009, prior to this lawsuit being filed. Plaintiff incorporates its response from paragraphs 2 and 10 above as if fully set forth at length herein. 14. Denied. This averment is a conclusion of law to which no response is required and it is therefore denied. Defendants' requests were vexatious as defendants already had the relevant information from plaintiff prior to suit being filed. 15. Denied. Plaintiff incorporates its response from paragraphs 2, 10, 13, and 14 as if fully set forth at length herein. 16. Admitted. WHEREFORE, Plaintiff respectfully requests this Honorable Court to DENY defendants' Motion for Sanctions as moot. Date: April 11, 2011 '? ?? Robert W. Cla le, squire Attorney for Plaintif , Allstate Insurance Company EXHIBIT A THE LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES 223 NORTH MONROE STREET MEDIA, PA 19063 Tel: (610) 565-7050 Fax: (610) 565-5348 Toll Free: (877) 992-6311 www.subrolaw.us Robert W. Claypole, Esquire Direct E-mail: rclgnole@subrolaw.us Direct Tel: (610) 565-7050, ext. 17 April 8, 2011 Via email and regular mail wdm@jdsw.com Wade D. Manley, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Re: Allstate aso Kinney v. Norfield & McDaniel Our file: 07-09-483 Dear Mr. Manley: Attached are Allstate's Answers to Interrogatories and Allstate's Answers to Defendants' Request for Production of Documents. As you have been provided with answers to your client's discovery requests, please withdraw your motion for sanctions as moot. Thank you. Sincerely, Aobertlaypol EXHIBIT B National Subro PO Box llas, T05 752 6 5-0506sing ``Allstatet'Da You're in good hands. CHEROKEE INSRUANCE PO BOX 159 WARREN MI 48090-0159 March 31, 2009 CLAIM NUMBER: 0129195052 DATE OF LOSS: January 27, 2009 OUR INSURED: BILL KINNEY YOUR FILE NUMBER: AL84993 YOUR INSURED: NORFIELD TRUCKING ADDRESS:7525 HOLLAND RD PHONE NUMBER: 800-374-4246 FAX NUMBER: 866-447-4293 OFFICE HOURS: N/Ion - Fri 7:00 am - 5:30 pm CITY STATE ZIP: TAYLOR, MI, 48180- LOCATION: HWY 581, Camp Hill, , PA AMOUNT OF LOSS: $4,106.89 Re: Subrogation Claim Notice Dear CHEROKEE INSRUANCE, We're writing to inform you that our investigation indicates your insured was responsible for the loss that occurred on January 27, 2009. Since we have already settled with our policyholder, we are now forwarding you final copies of the expense documents related to the loss. We want you to know that we are seeking reimbursement from you for those expenses. Please accept this letter as notice of our subrogation claim. Please forward your payment with our claim number to: Allstate Payment Processing Center P.O. Box 650271 Dallas, TX 75265 0271 We ask that you direct any future correspondence to the address listed at the top of this letter. Thank you. Sincerely, Tour Claim Team Your Claim Team 800-374-4246 Allstate Fire and Casualty Insurance Company SUBUO33 0129195052 Firm File No.07-09-483 T2 The Law Offices of Stewart C. Crawford & Associates By: Robert W. Claypole,Esquire Attorney Id. No.: 47956 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311 ext 17 Web: www.subrolaw.us E-Mail: rcla ole ,subrolaw.us Attorney for Plaintiff, Allstate Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY IN CIVIL LAW NO. 10-4368 V. NORFIELD TRUCKING AND PATRICK MCDANIEL PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS ANSWER TO DEFENDANTS' MOTION FOR SANCTIONS This lawsuit is a property damage subrogation claim in the amount of $4,106.89. Prior to the filing of the lawsuit, plaintiff provided defendants' insurance carrier with the documents supporting Allstate's claim amount. In addition, Allstate's insured had provided defendants' carrier with a statement and diagram regarding how the accident occurred. Thus, prior to the lawsuit, defendants had all the relevant information necessary to defend this small property damage subrogation claim. On September 15, 2010, defendants' counsel served what appear to be counsel's standard form interrogatories and request for production of documents for plaintiff motor vehicle owners. However, the vast majority of the discovery requests are inapplicable to the plaintiff insurance carrier. In regard to the few discovery requests that were applicable to the subrogation carrier involved that amount of damage to the vehicle. This information was provided to defendants' carrier prior to the filing of the lawsuit. Therefore, defendants' conduct in filing the motion to compel and this motion for sanctions is vexatious. It is clear from the pleadings that Allstate has no personal knowledge of how the accident occurred. Defendants have alleged in paragraph 10 of their motion for sanctions that they can not move forward with the case due to Plaintiff's failure to respond to written discovery. However, if defendants had ever bothered to read the discovery they served upon the plaintiff they would realize that Allstate would not have the information being asked in the interrogatories. For instance, question 6 of the interrogatories asks, "Did your driver ever suffer from blackouts, amnesia, epilepsy, fainting spells, dizziness or other conditions that would impair his ability to operate a vehicle?" Allstate did not have a driver and even if the question were applicable to Allstate it is not information Allstate would possess. If this information were truly needed to defend the claim, then defendants could have subpoenaed, the driver of Mr. Kinney's vehicle to appear for a deposition. Defendants have never subpoenaed the driver of Mr. Kinney's vehicle. There are four factors which must be considered prior to the imposition of sanctions. Pride Contracting Inc. v. Biehn Construction Inc, 381 Pa. Super 155, 553 A.2d 82 (1989). First, the court examines a party's failure in light of prejudice to the opposing party and whether the prejudice can be cured. Defendants were not prejudiced at all as the information in plaintiff's possession had been provided to defendants' insurance carrier prior to litigation. Second, the court examines the merit of the excuse for failing to provide the discovery responses. Here plaintiff's failure to respond was not willful but due to the inability to locate the file. Third, the Court looks at the number of discovery violations. Here there is only one violation which was due to the inability to locate the file. Finally, the sanction must be appropriate in light of the violation of the discovery rules. Defendants are seeking the harshest sanction possible as they are seeking dismissal of the lawsuit. No sanction is appropriate in this matter as the discovery requests were largely inapplicable to the plaintiff. Most importantly, plaintiff had already provided the information to defendants' carrier prior to litigation. Thus, defendants serving inapplicable discovery requests to ask for information which they already possessed are vexatious. Therefore, sanctions of any type are inappropriate. On April 8, 2011, plaintiff provided defendants with plaintiff's answers to interrogatories and answers to the request for production of documents. Defendants motion for sanctions should be denied as moot. WHEREFORE, Plaintiff respectfully requests this Honorable Court to DENY defendants' Motion for Sanctions as moot. Date: April 11, 2011 l" Robert W. Claypol wire Attorney for Plaintiff, Allstate Insurance Company Firm File No.07-09-483 T2 The Law Offices of Stewart C. Crawford & Associates By: Robert W. Claypole,Esquire Attorney Id. No.: 47956 223 North Monroe Street Media, Pa 19063 Telephone: (877)-992-6311 ext 17 Web: www.subrolaw.us E-Mail: rclaypole@subrolaw.us Attorney for Plaintiff, Allstate Insurance Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLSTATE INSURANCE COMPANY IN CIVIL LAW NO. 10-4368 V. NORFIELD TRUCKING AND PATRICK MCDANIEL CERTIFICATE OF SERVICE I, Robert W. Claypole, Esquire, do hereby certify that I did serve a true and correct copy of Plaintiff's Answer to Defendants' Motion for Sanctions upon defendants by mailing a copy postage prepaid to their counsel of record on April 12, 2011, to the below address: Wade D. Manley, Esquire P.O. Box 109 Lemoyne, PA 17043-0109 Date: April 12, 2011 , Robert W. Claypole squire Attorney for Plaint , Allstate Insurance Company David ED. Buell Brothonotary Office of the <Prothonotary Cum6er[and County, (Pennsylvania 7�yrkS. Sofionage, ESQ Solicitor �Q -4/31,!,s CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® Carfzste, TA ® ('hone 717 240-6195 0Toc 717 240-6573