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HomeMy WebLinkAbout11-7410IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) CHRISTOPHER AND JUANITA KEYES, h/w 101 Watson Lane New Bloomfield, PA 17068 Case No. Civil Term VS. Civil Action Defendant(s) & Address(es) MILLER MARK E C . 40 Millers Gap Road rrn Marysville, PA 17053 zrn r -0 mac. _ o s C, v c , PRAECIPE FOR WRIT OF SUMMONS d? 711 TO THE PROTHONOTARY/CLERK OF SAID CO URT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne Sheri eas ircle 9/27/2011 Date : e of Attornu Print Name: Charles Sc ' r, Esquire Address: 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Telephone #: (267) 350-6600 Supreme Court ID Number: 33601 WRIT OF SUMMONS TO: MARK E. MILLER YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTI H S/HAVE COMMENCED AN ACI'1ON AGAINST' YOU. tary/Cler , Civil Division Date: Mz /? by Deputy I 9200 Pd ref j C # l 9?0 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r tP:_ :?. .1 Sheriff Jody S Smith., Chief Deputy ,JI CIC-7 L}:, lIMI3R A i:;0le.9. M1' Richard W Stewart Solicitor PENNSYLVANIA Christopher Keyes (et al.) Case Number vs. 2011-7410 Mark E. Miller SHERIFF'S RETURN OF SERVICE 09/28/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Mark E. Miller, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Writ of Summons according to law. 09/29/2011 12:20 PM - Perry County Return: And now September 29, 2011 at 1220 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Mark E. Miller by making known unto himself personally, at 40 Millers Gap Road, Marysville, Pennsylvania 17053 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 05, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !C; Cartty6ude Sheri f. Teeosoott. rc. HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C. t+ #?,{ ?? .y; BY: Charles Jay Schleifer, Esquire o'! ?v I.D. # 33601 AM 11: 2 j 1835 Market Street, Suite 2700 jRLANDtlNTY Philadelphia, PA 19103 ENNS YLVAHIA (267) 350-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHRISTOPHER AND JUANITA KEYES, h/w MAJOR JURY vs. NO. 11-7410 MARK E. MILLER NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO Le han demandado a usted en la corte. Si usted quiere defenders( de estas demandas expuestas en [as paginas siguientes, usted tiene veint( (20) dias de plazo al partir de la fecha de la demanda y la notification. Hac( falta asentar una comparencia escrita o en persona o con un abogado entregar a la corte en forma escrita sus defensas o sus objeciones a la: demandas en contra de su persona. Sea avisado que si usted no s( defiende, la corte tomarA medidas y puede continuar la demanda en contr. suya sin previo aviso o notificaci6n. Adem6S, la corte puede decidir a favo del demandante y requiere que usted cumpla con todas las provisioner d( esta demanda. Usted puede perder dinero o sus propiedades u otror derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE'EL DINERO SUFICIENTE DE PAGAR TAIL SERVICO, VAYA EN PERSONA O LLAME POR TELtFONO E LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARE AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO. SI LISTED NO TIENE DINERC SUFICIENTE PARA PAGAR A UN ABOGADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOBRL AGENCIES QUE OFREC& SERVICIOS LEGALES A PERSONAS QUE CUMPLEN LOS REQUISITO: PARA UN HONORARIO REDUCIDO 0 NINGUN HONORARIO. Cumberland County Bar Association/Lawyer Referral & Information Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1 HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C. BY: Charles Jay Schleifer, Esquire I.D. #33601 1835 Market Street, Suite 2700 Philadelphia, PA 19103 (267) 350-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHRISTOPHER AND JUANITA KEYES, h/w MAJOR JURY vs. NO. 11-7410 MARK E. MILLER CIVIL ACTION-MOTOR VEHICLE ACCIDENT 1 1. The Plaintiffs are individuals residing at the above captioned address, and the Defendant is an individual residing at the above captioned address. 2. At all times relevant hereto, the Plaintiffs were husband and wife. 3. On or about October 5, 2009, at approximately 5:24 p.m., the Plaintiff, Christopher Keyes, was the owner or bailee and operator of his motor vehicle on Wertzville Road at or near its intersection with Old Willow Mill Road in Silver Spring Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Defendant was the owner or bailee and operator of a motor vehicle on Old Willow Mill Road at or near its intersection with Wertzville Road when he proceeded through the stop sign and struck plaintiff's vehicle. COUNT I -NEGLIGENCE PLAINTIFF, CHRISTOPHER KEYES VS. MARK E. MILLER 5. Plaintiff incorporates by reference all of the allegations contained in Paragraphs 1 through 4, inclusive, as though the same were set forth herein more fully at length. 6. At the aforesaid time and place, the negligence and carelessness of the Defendant consisted in that: (a) Defendant did operate the said vehicle at an excessive rate of speed under the circumstance; (b) Defendant did fail to have the said vehicle under proper and adequate control at the time; (c) Defendant did fail to give proper and sufficient warning of the approach of 2 said vehicle; (d) Defendant did operate said vehicle without due regard to the rights, safety and position of the vehicle being operated by Christopher Keyes, herein at the point aforesaid; (e) Defendant did violate the local Ordinances and Statutes pertaining to the operation of motor vehicles on the highway; (f) Defendant did owe a duty of care to Plaintiff and did violate that duty of care owed to Plaintiff. 7. As a result of the aforesaid, Plaintiff sustained a severe shock to the nerves and nervous system and injury to the head, back, neck, shoulders, arms, body and legs, and more particularly, a fractured rib and a fracture of the superior articular facet of C5, and Plaintiff has suffered and may and probably will in the future continue to suffer great pain and agony, all of which may be permanent in nature. 8. Plaintiffs injuries amounted to a serious injury in that they resulted in a serious impairment of bodily function, thereby seriously limiting Plaintiff in many of his daily activities. 9. As a further result of the accident, Plaintiff has been and will be obliged to receive and undergo medical attention and care and incur various expenses and costs for the injuries Plaintiff has suffered and Plaintiff may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future. 10. By reason of the aforesaid, Plaintiff was unable to attend to Plaintiffs usual occupation, to Plaintiffs great detriment and loss, and thereby lost the emoluments which would have come to Plaintiff through employment. 3 11. By reason of the aforesaid, Plaintiff has suffered a loss of earning capacity and it is anticipated that Plaintiff may lose the emoluments of employment in the future. WHEREFORE, Plaintiff claims damages against the Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00). COUNT II - LOSS OF CONSORTIUM PLAINTIFF, JUANITA KEYES VS. MARK E. MILLER 12. Plaintiff incorporates by reference all of the allegations contained in Paragraphs 1 through 11, inclusive, as though the same were set forth herein more fully at length. 13. By reason of the aforesaid, Plaintiff has been deprived of the comfort, companionship, services and assistance of Plaintiffs spouse, and will be deprived of same for an indefinite time in the future. WHEREFORE, Plaintiff claims damages against the Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00). HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C. BY: CHARLES JAY §.C ? IFER, ESQUIRE 4 - ~ r; HAGGEF:TY, GOLI7BERU, SCHLEIFER & KUPERSMITH, P.C. BY: Charles Jay Schleifer, Esquire ~ ~._ ~ ~ j ; ; ~;` LD. # 33601 1835 Market Street, Suite 2700 Philadelphia, PA 19103 (267) 350-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHRISTOPHER AND JUANITA KEYES, h/w :MAJOR JURY vs. NO.. 11-7410 MARK E. MILLER PRAECIPE; TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly attach the enclosed Verification of Plaintiffs, Christopher Keyes and auanita Keyes, to the Complaint which was filed relative to the above captioned matter. HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSM[TIJ, P.C. .%-• ~ ,: BY: ~ _ CHARLES HLEIFER, Esquire Attorriev for Plaintiff Dated:~~~~ ~~ VERIFICATION The undersigned, having read thE; attached pleading, verifies that the within pleading is based on information furnished to counseK, as well as information gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not: of signer. Signer verifies that he/she has read the within pleading and that is true and correct to the best of the signer's knowledge, information and belief. To the extent that the contents of the pleading, is that of counsel, I have relied upon counsel in taking this Verification. This Verification i,~ made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications. t`~ ~tt CHRISTOPHER YE . r ANITA KEYES Dated:~(~ 7.~ 2~~~- i` 04t 30-13 03:56pm From-MD UG 717-651-9630 T-954 P.003/004 F-758 O THE P O 0 r- HON TAR 2013HA1s —8 AM 11: 27 CUMBERLANO COUNTY PENNSYLVANIA 05/101=477n,vI MARSI°IALL DF..NNEHE-Y WARNER COLEMAN&GOGGIN By: Allison M. Domday,Esquire ID#307547 4200 Crums Mill Road Harrisburg,PA 17112 - - 717-651-3538 - email:'amdomday @rndweg.com Our File No. 13166-00737 Attorney for Defendant CHRISTOPHER and COURT OF COMMON PLEAS JUAN ITA KEY1rS, H/W CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff' Docket No. 11-7410 vs. MARK E. MILLER CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED STIPULATION TO AMEND COMPLAINT 1. Plaintiffs Christopher and Juanita Keyes filed their Complaint on or about November 5, 2012. 2. The parties stipulate to the amendment of Plaintiffs' Complaint such that paragraph 6(e)and 6(1) are stricken with prejudice, Haggerty Goldberg Schleifer&Kupersiriith, PC Marshall Dennehey Warner Coleman&Goggin By_ By: Do Sater, Esquire Allison M. Domday,Esquire 1 5 Market Street, Suite 2700 4200 Crums Mill Road Philadelphia,PA 19103 Harrisburg, PA 17112 Page 1 of 2 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire ID#307547 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00737 Attorney for Defendant CHRISTOPHER and COURT OF COMMON PLEAS JUANITA KEYES, H/W CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Docket No. 11-7410 vs. MARK E. MILLER CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED Defendants CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 7, 2013May 8, 2013 I served a copy of Parties' Stipulation to Amend Complaint via First Class United States mail, postage prepaid as follows: Charles Jay Schleifer, Esquire Dory Sater, Esquire Haggerty Goldberg Schleifer & Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Attorneys for Plaintiffs Allison M. Domday J�,-30-13 03:56pm From-MMUG 717-651-9630 T-954 P-004/004 F-756 I�I 11 A.ttomey for Plaintiffs Attorney for Defendant QRDER AND NOW this day of 1"`O1 , 2013, upon consideration of the parties' Stipulation, IT 1S HEREBY 0RDEREp AND DECREED that The Stipulation is approved and made part of the record for this matter. By the Court: 7. Distribution List: v Dory Sater, Esquire Haggerty Goldberg Schleifer&Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 ZMAtt ney for Plaintiffs Allison . Domday, Esquire Marshall Dennehey Warner Coleman& Goggin 4200 Crums Mill Road SFJ Harrisburg, PA. 17112 _.-1 Attorney for Defendant rnrn E- an=.: - 73M cc c �" -- - �W F .. Page 2 of 2 • I () -r -7" C-,., COMMONWEALTH OF PENNSYLVANIA Tco =-- COURT OF COMMON PLEAS `= ' 'r 1 NYC :1 COUNTY OF CUMBERLAND Christopher and Juanita Keyes § ICJ c)�� § IN? t.w.• § No. 11-7410 --t • , vs. § § Mark E. Miller § NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To Plaintiff by and through their attorney(s) of record: Dory Sater, Haggerty Goldberg Schleifer & Kupersmith, PC, 1835 Market Street Suite 2700,Philadelphia,PA 19103 Please take notice that you have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the attached subpoena(s). If no objection is made the subpoena may be served on the Custodian of Records for: Central Pennsylvania Rehabilitation Services(Medical, Billing and X-Ray Films) 44 Red Hill Court,Newport,PA 17074 Holy Spirit Hospital(Medical Records) 503 N.21st Street,Camp Hill, PA 17011 State Farm Insurance Company(insurance Records) PO Box 63,Concordville,PA 19331-0063 Orthopedic institute of Pennsylvania (Medical, Billing and X-Ray Films) 3399 East Trindle Road,Camp Hill, PA 17011 Holy Spirit Hospital(Billing Records) 503 North 21st Street,Camp Hill, PA 17011 Holy Spirit Hospital(X-Ray Films) 503 North 21st Street,Camp Bill, PA 17011 before a Notary Public for Keais Records Service,Inc. 1010 Lamar,3rd Floor, Houston,TX 77002 Ph:713-224-6865(800)467-9181/Fax: 713-224-6880 or its designated agent. Notice is further given that request was made to the officer to have issue a subpoena and cause it to be served on the witness to produce any and all records pertaining to: Christopher Keyes and to turn all such records over to the officer so that copies of the same may be made and attached to said deposition. Order No. 137387(6 Parts) a Respectfully Submitted, • Allison Domday, Esquire Marshall,Dennehey,Warner,Coleman& Goggin-31486 4200 Crums Mill Road,Suite B Harrisburg, PA 17112 Ph: 717-651-3500/Fax 717-651-9630 Attorney for Defendant State Bar No.307547 1 hereby certify that a true and correct copy of the foregoing instrument has been served on all parties or their attorneys of record by( )hand delivery,( )telephonic document transfer,(V)certifi mai,return receipt requested,on this day. Date: 3D/r9-CD/3 iL : d212 Order No. 137387(6 Parts) c c_3(7)w I---> cm (. 05/1109339.vI MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN —' By: Allison M. Domday, Esquire r ID#307547 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00755 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • • Plaintiff • Docket No. 11-7410 vs. MARK E. MILLER • CIVIL ACTION—LAW Defendant : JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFFS' FULL, COMPLETE AND VERIFIED DISCOVERY RESPONSES 1. Plaintiffs Christopher and Juanita Keyes initiated this matter via Writ of Summons filed on September 27, 2011. 2. Plaintiffs filed their Complaint on or about October 15, 2012. 3. This matter arises out of a motor vehicle accident that occurred on October 5, 2009 on Wertzville Road at or near its intersection with Old Willow Mill Road in Silver Spring Township, Cumberland County, Pennsylvania. 4. Plaintiffs allege Defendant Miller was negligent in causing the accident. 5. Defendant Miller served Plaintiffs with Personal Injury Interrogatories, Consortium Interrogatories and Request for Production of Documents with correspondence dated March 12, 2013. See true and correct copy of Defendant's counsel correspondence attached hereto as Exhibit A. 6. Defense counsel wrote plaintiffs counsel on May 28, 2013 asking when Defendant could expect responses to his requests. In response, plaintiffs counsel requested an extension until June 5, 2013. Defense counsel granted the June 5, 2013 extension. See true and correct copy of counsel's electronic correspondence attached hereto as Exhibit B. 7. Plaintiff did not produce any discovery responses by the June 5, 2013 deadline. 8. Defense counsel wrote plaintiffs counsel again on September 4, 2013 requesting the overdue discovery responses. See email correspondence attached hereto as Exhibit C. 9. To date, Plaintiffs have not responded or objected to Defendant's outstanding discovery requests. 10. Pursuant to Pa.R.C.P.4009.1(2)(a), the party upon whom a request is served must serve an answer, including objections to each numbered paragraph in the request and provide the requested documents to which there is no objection. 11. Pursuant to Pa.R.C.P.4006(a)(2), answers to written interrogatories must be answered fully and completely unless objected to. 12. Pennsylvania Rule of Civil Procedure 4019 "Sanctions" provides as follows: (a)(1) The court may, on motion, make an appropriate order if (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. 2 (c) The court, when acting under subdivision(a) of this Rule may make (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things, or testimony, or from introducing evidence of physical or mental condition; (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) An order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) Such order with regard to the failure to make discovery as is just. 13. Without Plaintiffs' responses to Defendant's discovery requests, Defendant is unable to prepare his complete defense in this matter. 14. Pursuant to Cumberland County Local Rule of Civil Procedure 208.2 (d), Defendant's counsel requested Plaintiffs' concurrence in this Motion with correspondence dated September 25, 2013 (via fax and regular mail). 15. Plaintiffs did not respond to Defendant's request for concurrence. 16. Defendant's counsel certifies that she has served a true and correct copy of this Motion and all Exhibits to Plaintiffs, through their counsel. WHEREFORE Defendant Mark Miller respectfully requests this Honorable Court grant his Motion to Compel full, complete and verified responses to the outstanding Interrogatories, Consortium Interrogatories and Request for Production of Documents, and enter an Order requiring Plaintiffs to produce the requested information and documents within thirty (30) days of the receipt of the Court's Order, or be subject to further discovery sanctions upon Defendant's application to this Honorable Court. 3 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: aa.:::____W 0 1 Allison M. Domday, Esquire ID#307547 Attorney for Defendant 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3538 Dated: October 9, 2013 4 EXHIBIT A MARSHALL DENNEHEY PENNSYLVANIA DELAWARE Bethlehem Wilmington WARNER COLEMAN & GOGGIN Doylestown OHIO ATTORNEYS-AT-LAW WWWMARSHALLDENNEHEY.COM Erie Cleveland Harrisburg A PROFESSIONAL CORPORATION King of Prussia FLORIDA Philadelphia " Ft. Lauderdale 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Jacksonville Orlando Orlando (717) 651-3500 • Fax (717) 651-9630 Scranton Tampa NEW JERSEY NEW YORK Direct Dial: 717-651-3509 Cherry Hill Long Island Roseland New York City Email: cmreeser@mdwcg.com March 12, 2013 Dory Sater, Esquire Haggerty Goldberg Schleifer & Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 RE: Christopher and Juanita Keyes v. Mark E. Miller Cumberland County Court of Common Pleas; No. 11-7410 Claim No. 003801990 D/L: 10-5-2009 MDWCG File No. 13166-00755 Dear Dory: Enclosed please find the following discovery demands that defendant, Mark E. Miller, hereby serves upon plaintiffs, Christopher Keyes and Juanita Keyes: (X) Personal Injury Interrogatories directed to Plaintiff Christopher Keyes; (X) Consortium Interrogatories directed to Plaintiff Juanita Keyes; and (X) Request for Production of Documents directed to Plaintiffs. Thank you for your cooperation and consideration. Very truly yours, Allison M. Domday AMD/l j w ends. 05/1016080 v 1 EXHIBIT B Domday, Allison M. From: Domday, Allison M. [AMDomday @MDWCG.com] Sent: Wednesday, May 29, 2013 4:28 PM To: Dory Sater Subject: RE: Keyes v. Miller; Claim No. 003801990 Dory- Sure, no problem. The carrier just wanted an update. I will diary it for June 5 and follow up with you again on that date. I am working on responding to your requests as well. Thanks, Allison MARSHALL DENNEHEY WARNER .COG':GIN N:j i?t OH H N Allison M. Domday s?t0 Brums Mill Road Attorney at Law Harrisburg,PA.17112 bio e-mail j website Direct: (717)651-3538 Main: (717)651-3500 Fax (717)651-9630 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdavCa mdwcq.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. From: Dory Sater [mailto:DSater @hgsklawyers.com] Sent: Wednesday, May 29, 2013 4:25 PM To: Domday, Allison M. Subject: RE: Keyes v. Miller; Claim No. 003801990 Hi Allison, Phew. Sorry for the delay in response; I have been swamped lately and am trying to play catch up. I am working on it. I met with him a week or so ago and should have this for you in a week or so June 5. Is that ok? Will you grant me that extension. Dory L. Sater, Esquire HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C. 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Ph: (267) 350-6600 Fax: (215) 665-8201 Direct Dial: (267) 350-6638 View my attorney profile Visit my blog 1 From: Domday, Allison M. [mailto:AMDomday @MDWCG.com] Sent: Tuesday, May 28, 2013 1:29 PM To: Dory Sater Subject: Keyes v. Miller; Claim No. 003801990 Hi Dory, I am in the process of finalizing our answer to the complaint. Any idea when I can expect your clients'discovery responses (we served them on or about March 12, 2013)? Thanks, Allison Domday MARSHALL. DENNEHEY WARNER COLEMAN&GOGG1 N i`. NJ ;7[: OH E l- 1.‘1‘ Allison M. Domday 4200 Crums Mill Road Attorney at Law Harrisburg,PA.17112 bio e-mail j website Direct: (717)651-3538 Main. (717)651-3500 Fax. (717)651-9630 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdayAmdwcp.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. 2 EXHIBIT C Domday, Allison M. From: Domday, Allison M. [AMDomday @MDWCG.com] Sent: Wednesday, September 04, 2013 4:08 PM To: Dory Sater Subject: RE: Keyes v. Miller; Claim No. 003801990 Dory, I wanted to let you know that I didn't forget about your discovery. I have not been able to reach my client for over three months. I have draft responses but do not feel comfortable serving unverified responses. My carrier would like to know where you are with our discovery responses, we certainly can't evaluate this case for settlement if we don't have them. If you have a minute please call me to discuss. Thanks for your time, Allison Domday MARSHALL DENNE.HEY WARNER.COLEMAN&GGGI iv t*: j FU 01-1 H 'k'€' Allison M. Domday 4200 CBrums Mil Road Attorney at Law Harrisburg,PA.17112 bia. email website Direct: (717)651-3538 Main: (717)651-3500 Fax (717)651-9630 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdavrar7.mdwcq.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. From: Domday, Allison M. [mailto:AMDomday @MDWCG.com] Sent: Wednesday, May 29, 2013 4:28 PM To: Dory Sater Subject: RE: Keyes v. Miller; Claim No. 003801990 Dory- Sure, no problem. The carrier just wanted an update. I will diary it for June 5 and follow up with you again on that date. I am working on responding to your requests as well. Thanks, Allison MA.R.SHA.LL DENNEHEY WARNER COL. MAN&GOGGIN t'fi rn f t: (tit i t Allison M. Domday Su4200 t0 Brums Miff Road Attorney at Law Harrisburg,PA. 17112 1 bio i e-mail(website Direct: (717)551-3538 Main: (717)651-3500 Fax (717)651-9630 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attomey-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdav( mdwcq.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. From: Dory Sater [mailto:DSater @hgsklawyers.com] Sent:Wednesday, May 29, 2013 4:25 PM To: Domday, Allison M. Subject: RE: Keyes v. Miller; Claim No. 003801990 Hi Allison, Phew. Sorry for the delay in response; I have been swamped lately and am trying to play catch up. I am working on it. I met with him a week or so ago and should have this for you in a week or so June 5. Is that ok? Will you grant me that extension. Dory L. Safer, Esquire HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C. 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Ph: (267) 350-6600 Fax: (215) 665-8201 Direct Dial: (267) 350-6638 View my attorney profile Visit my blog From: Domday, Allison M. [mailto:AMDomday @MDWCG.com] Sent: Tuesday, May 28, 2013 1:29 PM To: Dory Sater Subject: Keyes v. Miller; Claim No. 003801990 Hi Dory, I am in the process of finalizing our answer to the complaint. Any idea when I can expect your clients' discovery responses (we served them on or about March 12, 2013)? Thanks, Allison Domday MARSHALL DENNEHEY WARNER COLEMAN St.GOGG I N trt 4j i)I. fiTH Allison M. Domday 4200 Drums Mit Road Suite B Attorney at.Lau.• Harrisburg;PA.17112 2 bio e-mail j website Direct: (717)651-3538 Main: (717)651-3500 Fax: (717)651-9630 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdavOmdwcg.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. 3 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire ID#307547 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00737 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • • Plaintiff • Docket No. 11-7410 • vs. MARK E. MILLER • CIVIL ACTION—LAW • Defendant • JURY TRIAL DEMANDED • Defendants CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on October 9, 2013, I served a copy of Defendant's Motion to Compel via First Class United States mail, postage prepaid as follows: Charles Jay Schleifer, Esquire Dory Sater, Esquire Haggerty Goldberg Schleifer & Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Attorneys for Plaintiffs Allison M. Domday a � e3OCT 3: !' J UMBEELAND ��u=u PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire ID#307547 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00755 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • • Docket No. 11-7410 vs. • MARK E. MILLER • CIVIL ACTION—LAW • Defendant • JURY TRIAL DEMANDED L ORDER AND NOW this � h t day of LA d Cif , 2013, upon consideration of Defendant Mark Miller's Motion to Compel, and any response thereto, said Motion is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Christopher Keyes and Juanita Keyes, shall serve full, complete and verified responses to Defendant's Personal Injury Interrogatories, Consortium Interrogatories and Request for Production of Documents within thirty (30) days of the date of this Order, or suffer further sanctions upon Defendant's application to this Court as provided under Pa.R.C.P. 4019. By the Court: Distribution List: Charles Jay Schleifer, Esquire Dory Sater, Esquire Haggerty Goldberg Schleifer& Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Attorneys for Plaintiffs lison M. Domday, Esquire Marshall Dennehey Warner Coleman& Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendant-31.ES Pat ick I 041t/13 2 »"`Lt.0 Or r ICE PRO THONOTARt, 2[11.3 NOV -8 AM 11: 44 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00755 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • • Plaintiff • Docket No. 11-7410 • vs. MARK E. MILLER • CIVIL ACTION—LAW • Defendant • JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS To the Prothonotary: Kindly note the change of address of counsel for Defendant Mark E. Miller, from 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 to: Allison M. Domday, Esquire Marshall Dennehey Warner Coleman & Goggin Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Phone: 717-651-3538 r Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: '\-�� Allison M. Domday, Esquire Attorney for Defendant ID# 307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3538 Dated: November 7, 2013 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00737 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • • Plaintiff • • Docket No. 11-7410 vs. • MARK E. MILLER • CIVIL ACTION—LAW • Defendant • JURY TRIAL DEMANDED Defendants • CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on November 7, 2013, I served a copy of Defendant's Praecipe for Change of Address via First Class United States mail,postage prepaid as follows: Charles Jay Schleifer, Esquire Dory Sater, Esquire Haggerty Goldberg Schleifer & Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Attorneys for Plaintiffs Allison M. Domday THE PFC3 THcrND TAi( 20111 JAN -8 AM IC: 149 CUMBERLAND COUNTY PENNSYLVANIA 05/1145493 v 1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire ID#307547 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00755 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • Docket No. 11-7410 vs. MARK E. MILLER • CIVIL ACTION—LAW Defendant • JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR SANCTIONS FOR PLAINTIFFS' FAILURE TO PROVIDE FULL, COMPLETE AND VERIFIED DISCOVERY RESPONSES IN VIOLATION OF COURT ORDER DATED OCTOBER 14, 2013 1. Plaintiffs Christopher and Juanita Keyes initiated this matter via Writ of Summons filed on September 27, 2011. 2. Plaintiffs filed their Complaint on or about October 15, 2012. 3. This matter arises out of a motor vehicle accident that occurred on October 5, 2009 on Wertzville Road at or near its intersection with Old Willow Mill Road in Silver Spring Township, Cumberland County, Pennsylvania. 4. Plaintiffs allege Defendant Miller was negligent in causing the accident. 5. Defendant Miller served Plaintiffs with Personal Injury Interrogatories, Consortium Interrogatories and Request for Production of Documents with correspondence dated March 12, 2013. 6. Defense counsel wrote plaintiffs counsel on May 28, 2013 asking when Defendant could expect responses to his requests. In response, plaintiffs counsel requested an extension until June 5, 2013. Defense counsel granted the June 5, 2013 extension. 7. Plaintiff did not produce any discovery responses by the June 5, 2013 deadline. 8. Defense counsel wrote plaintiffs counsel again on September 4, 2013 requesting the overdue discovery responses. 9. After receiving no responses, Defendant filed a Motion to Compel and obtained an Order dated October 14, 2013 compelling production of the overdue discovery within 30 days. 10. After receiving no responses per the Order, Defense counsel wrote plaintiffs' counsel on November 20, 2013 requesting responses by December 4, 2013. See correspondence and Plaintiffs' counsel's response attached hereto as Exhibit A. 11. To date, Plaintiffs have not responded or objected to Defendant's outstanding discovery requests. 12. Pennsylvania Rule of Civil Procedure 4019 "Sanctions" provides as follows: (a)(1) The court may, on motion, make an appropriate order if (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. (c) The court, when acting under subdivision (a) of this Rule may make 2 (2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things, or testimony, or from introducing evidence of physical or mental condition; (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) An order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) Such order with regard to the failure to make discovery as is just. 13. Without Plaintiffs' responses to Defendant's discovery requests, Defendant is unable to prepare his complete defense in this matter. 14. In order to sanction Plaintiffs for their failure to comply with the October 14, 2013, Court Order, Defendant respectfully requests an Order stating Plaintiffs shall make no claim for delay damages under Rule 238 of the Pennsylvania Rules of Civil Procedure. Additionally, Defendant requests that this Court order Plaintiffs to provide full, complete, and verified responses to Defendant's discovery requests within 30 days of this Court's Order or Defendant will seek dismissal of Plaintiffs' claims, with prejudice, if they fail to produce the overdue discovery responses. 15. Defendant continues to be prejudiced by Plaintiffs' continued vexatious behavior delaying this litigation. Also, Defendant has been unreasonably burdened and has also unnecessarily burdened this Court with filings which have led to this Court's inefficient use of its time. 16. Without Plaintiffs' responses to Defendant's discovery requests, Defendant is unable to prepare his complete defense in this matter. 3 17. Pursuant to Cumberland County Local Rule of Civil Procedure 208.2 (d), Defendant's counsel requested Plaintiffs' concurrence in this Motion with correspondence dated December 16, 2013 (via electronic mail). See email attached hereto as exhibit B. 18. Plaintiffs did not respond to Defendant's request for concurrence and several, subsequent telephone messages concerning the overdue discovery. 19. Defendant's counsel certifies that she has served a true and correct copy of this Motion and Exhibit to Plaintiffs, through their counsel. WHEREFORE Defendant Mark Miller respectfully requests this Honorable Court grant his Motion for Sanctions and prohibit Plaintiffs from recovering any Rule 238 delay damages, and order Plaintiffs to provide full, complete and verified responses to Defendant's discovery requests within thirty (30) days or suffer dismissal of their claims, with prejudice, upon Defendant's further motion to this Honorable Court. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: �.%✓ Allison M. Domday, Esquire ID#307547 Attorney for Defendant 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3538 Dated: January 7, 2014 4 E \( Domday, Allison M. From: Domday, Allison M. [AMDomday @MDWCG.com] Sent: Wednesday, November 20, 2013 1:08 PM To: Dory Sater Subject: RE: Keys v. Miller; Claim No. 003801990 WE HAVE MOVED! Our new address is: 100 Corporate Center Drive *Suite 201 *Camp Hill,PA 17011 All phone numbers remain the same with the exception of our new fax number: 717-651-3707 Great—thanks so much. I appreciate your prompt response. MARSHALL DENNEHEY WARNER COLEMAN &GOGt. IN Allison M. Domday 100 Corporate Center Drive Suite 201 Attorney at Gore Camp Hill,PA 17011 bio e-mail website Direct (717)651-3538 Main' (717)651-3500 Fax (717)651.3707 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdavCc.mdwcq.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. From: Dory Sater [mailto:DSater @hgsklawyers.com] Sent: Wednesday, November 20, 2013 1:06 PM To: Domday, Allison M. Subject: Re: Keys v. Miller; Claim No. 003801990 It's done. Being dictated and sent out.Verification in my possession. Should be out today. Dory L. Sater, Esq. Sent from my (Phone On Nov 20, 2013, at 12:59 PM, "Domday,Allison M."<AMDomday @MDWCG.com>wrote: WE HAVE MOVED! Our new address is: 100 Corporate Center Drive *Suite 201 *Camp Hill, PA 17011 All phone numbers remain the same with the exception of our new fax number: 717-651-3707 1 Dory— it has been more than 30 days since the court issued an order compelling your clients' discovery responses. Please let me know when I can expect the responses. If I do not hear from you by the close of business December 4, 2013, my client may direct me to file a motion for sanctions. Thanks for your time. Allison Domday MARSHALL DENNEHEY 'WARNER COLEMAN & GOG IN 3°.{t N Of O II N''3' Allison M. Domday 100 Corporate Center Drive Suite 201 Attorney ul Low Camp Hill,PA 17011 bio e-mail. we..bsite. Direct (717)651-3538 Main (717)651-3500 Fax (717)651-3707 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdavCa�mdwcq.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. 2 • O,. it .... Domday, Allison M. From: Domday, Allison M. [AMDomday @MDWCG.com] Sent: Monday, December 16, 2013 2:37 PM To: Dory Sater Subject: discovery- Keys v. Miller; Claim No. 003801990 Attachments: Keyes sanctions for no discovery responses.DOCX Dear Dory, More than 30 days has passed since the expiration of the deadline from Judge Ebert's October 14, 2013 order compelling production of your clients' discovery responses. I really do not like to be pushy or unreasonable, but my client cannot properly evaluate this matter without the responses. I would like to keep things moving. To that end, attached please find our motion for sanctions. Please let me know if you concur(consistent with local rules). I will file it if I do not have the responses, mentioned below in your last email, by close of business December 23, 2013. I appreciate your anticipated cooperation. Thanks, Allison MARSHALL DENNEHE'Y WARNER COLEMAN &GOGGIN i'A P3 :Of OH 7 '"i. NV Allison M. Domday 100e Corporate Center Drive Attorney at Law Camp Hill,PA 17011 bio e-mail, website, Direct: (717)651-3538 Main: (717)851-3500 Fax (717)651-3707 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdavamdwcg.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. From: Domday, Allison M. [mailto:AMDomday @MDWCG.com] Sent: Wednesday, November 20, 2013 1:08 PM To: Dory Sater Subject: RE: Keys v. Miller; Claim No. 003801990 WE HAVE MOVED! Our new address is: 100 Corporate Center Drive *Suite 201 *Camp Hill, PA 17011 All phone numbers remain the same with the exception of our new fax number: 717-651-3707 Great—thanks so much. I appreciate your prompt response. 1 MARSHALL DENNEHEY WARNER COLEMAN &GOGG1N , Of OH t Allison M. Domday 100 Corporate Center Drive Suite 201 Attorne}7 at Law Camp Hill.PA 17011 bio i e-mail(website Direct. (717)651-3538 Main (717)651-3500 Fax (717)651-3707 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdavAmdwcq.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. From: Dory Sater [mailto:DSater @hgsklawyers.com] Sent: Wednesday, November 20, 2013 1:06 PM To: Domday, Allison M. Subject: Re: Keys v. Miller; Claim No. 003801990 It's done. Being dictated and sent out.Verification in my possession. Should be out today. Dory L. Sater, Esq. Sent from my (Phone On Nov 20, 2013, at 12:59 PM, "Domday,Allison M." <AMDomdav@MDWCG.com>wrote: WE HAVE MOVED! Our new address is: 100 Corporate Center Drive *Suite 201 *Camp Hill,PA 17011 All phone numbers remain the same with the exception of our new fax number: 717-651-3707 Dory— it has been more than 30 days since the court issued an order compelling your clients' discovery responses. Please let me know when I can expect the responses. If I do not hear from you by the close of business December 4, 2013, my client may direct me to file a motion for sanctions. Thanks for your time. Allison Domday MARSHALL DENNEHEY WARNER COLEMAN &GOGG 1 N l'A r at Tt# t Allison NI. Domday 100 Corporate Center Drive Suite 201 Attorney at Law Camp Hill.PA 17011 bio i e-mail I website Direct (717)651-3538 Main. (717)651-3500 Fax. (717)651-3707 2 • This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to AMDomdava,mdwcq.com,or by telephone at(717)651-3538 and then delete the message and its attachments from your computer. 3 Jr THE p Ro 2014 JAN rn 10: 49 rJ,�BERL GNU PEN�syLVq AUNTY MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00737 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • • Docket No. 11-7410 vs. MARK E. MILLER • CIVIL ACTION—LAW Defendant • JURY TRIAL DEMANDED Defendants • CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 7, 2014, I served a copy of Defendant's Motion for Sanctions for Plaintiffs Failure to Provide Discovery Answers via First Class United States mail, postage prepaid as follows: Charles Jay Schleifer, Esquire Dory Sater, Esquire Haggerty Goldberg Schleifer & Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Attorneys for Plaintiffs Allison M. Domday 1I Otr THE F'ROTHtiH0 is. " 2014 JAN 22 ft 3 t tiNS Yi v AST MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire ID#307547 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3538 email: amdomday @mdwcg.com Our File No. 13166-00755 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • • Plaintiff • Docket No. 11-7410 vs. MARK E. MILLER • CIVIL ACTION— LAW • Defendant • JURY TRIAL DEMANDED ORDER AND NOW this 2 VI day of Ti‘ , 201 , upon consideration of Defendant Mark Miller's Motion for Sanctions, and any response thereto, said Motion is GRANTED. IT IS ORDERED that Plaintiffs Christopher Keyes and Juanita Keyes shall not make any claim for Delay Damages in this litigation. r , IT IS FURTHER ORDERED Plaintiffs Christopher Keyes and Juanita Keyes shall serve full, complete and verified responses to Defendant's Personal Injury Interrogatories, Consortium Interrogatories and Request for Production of Documents within thirty (30) days of the date of this Order, or suffer dismissal with prejudice of all claims upon Defendant's application to this Court as provided under Pa.R.C.P. 4019. By the Court: q)...\\,\-- J. Distribution List: Charles Jay Schleifer, Esquire Dory Sater, Esquire Haggerty Goldberg Schleifer& Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Attorneys for Plaintiffs ✓Allison M. Domday, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Attorney for Defendant rs n1LL i z2fiy 2 ud� j ; r U 14 JN 2} : 31 PE /Q OUVrr MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 email: amdomday @mdwcg.com Our File No. 13166-00737 Attorney for Defendant CHRISTOPHER and • COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • Docket No. 11-7410 vs. • MARK E. MILLER • CIVIL ACTION—LAW Defendant • JURY TRIAL DEMANDED • Defendants PRAECIPE TO WITHDRAW MOTION FOR SANCTIONS To the Prothonotary: Defendant Mark E. Miller, hereby withdraws his Motion for Sanctions for Plaintiffs Failure to Provide Discovery Answers filed before the Court on or about January 7, 2014, in the above-captioned matter. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: '� Allison M. Domday, Esquire PA ID#307547 Attorney for Defendant Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 Email: amdomday @mdwcg.com Dated: January 27, 2014 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 email: amdomday @mdwcg.com Our File No. 13166-00737 Attorney for Defendant CHRISTOPHER and : COURT OF COMMON PLEAS JUANITA KEYES, H/W • CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • Docket No. 11-7410 • vs. MARK E. MILLER • CIVIL ACTION—LAW • • Defendant • JURY TRIAL DEMANDED • Defendants CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 27, 2014, I served a copy of Defendant's Praecipe to Withdraw Motion for Sanctions for Plaintiffs Failure to Provide Discovery Answers via First Class United States mail, postage prepaid as follows: Charles Jay Schleifer, Esquire Dory Sater, Esquire Haggerty Goldberg Schleifer& Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Attorneys for Plaintiffs Allison M. Dom:ay .4131? 23 P l �il`yv IJ I' s�'L t.1 4rT CHRISTOPHER and COURT OF COMMON PLEAS JUANITA KEYES, H/W CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Docket No. 11 -7410 vs. MARK E. MILLER CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above - referenced matter as SETTLED, DISCONTINUED and ENDED with Prejudice. By: Dated: Respectfully submitted, Haggerty Goldberg Schleifer & Kupersmith, PC °`7 Dory S• -r, Esquire 18 " Market Street, Suite 2700 Philadelphia, PA 19103 Attorney for Plaintiffs MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Allison M. Domday, Esquire PA ID#307547 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3538 Fax 717-651-3707 email: amdomday@mdwcg.com Our File No. 13166-00737 Attorney for Defendant CHRISTOPHER and COURT OF COMMON PLEAS JUANITA KEYES, H/W CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. MARK E. MILLER Defendant Defendants Docket No. 11-7410 CIVIL ACTION — LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Allison M. Domday, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on April 22, 2014, I served a copy of Praecipe to Settle, Discontinue and End being filed with the Court via First Class United States mail, postage prepaid as follows: Charles Jay Schleifer, Esquire Dory Sater, Esquire Haggerty Goldberg Schleifer & Kupersmith, PC 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Attorneys for Plaintiffs Allison M. Domday