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HomeMy WebLinkAbout04-5184LAW OFFICES OF DAVID M. RAPOPORT By: DAVID M. RAPOPORT, ESQ. Identification No. 57702 1410 Two Penn Center Plaza Philadelphia, PA 19102 (215)963-9393 STEWART T. CHRIST & KATHY CHRIST, h/w 805 Elwood Street Forked River, NJ 08731 vs. FREERKSEN TRUCKING, INC. 672592 1 OT' Avenue Dodge Center, MN 55927 and CLIFFORD DVANE AASVOLD 71965 State Highway 56 Hayfield, MN 55940 MAJOR JURY ATTORNEY FOR PLAINTIFFS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.0y-S1Sq CIVIL ACTION COMPLAINT MOTOR VEHICLE ACCIDENT NOTICE scc have been sued in court. If you wish to defend = a5tat the claims set forth in the fo L.owing pages, most take action within twenty (20) days after t. his complaint and notice are served, ty entering a '.ten appearance personally or by attorney and filing in writing with the court your defenses or cb7eetions 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 }rot.. i0T SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 'i0U DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 'i'0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND ' WHERE YOU CAN GET LEGAL HELP. THIS OFFICE MAY BE CO. ABLF. TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES X: MAY OFFER LEGAL SERVICES TO ELIGIBLE: PERSONS AT F. REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)299-3166 AVISO Le han demandado a usted an Is Corte. Si uSted ouie_e defenderse de estas demandas expuestas en las pag -,,s siguientes, usted tiene veinte (20) else de pla=t a_ partir de la fecha de la demanda y le notificacion. Hate falta asentar one comparencia escrita o en persona o con un abogado y entregar a to torte en forma escrita dos defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is torte tomara medidas y panda continuar la demanda en contra suya sin previo aviso o notification. Ademas, la torte pence decidir a favor del demandante y requiere que usted cumpla con todas las provisioned he esta demar,da. Usted piece perder einero o sus prcp:edades c otros derecnos importantes Para usted. LLEVE ESTA DEMANEA A UN ABOGADO INMEDIATAMENTE, S: NO TIENE ABOGADO O SINO TIENE ELDINERO SUFICIENTE DE PAGAR DAL SERVICE, VAYA EN PERSONA O LLAME POP TELEFONO A :.n OFICINA CUYA DIRECCION SB ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR SONDE BE PIECE CONSEGUIR ASISTENCIA LEGAL. F.STA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE PUEDEN OFRECER SERVICIOS TURIDICOS A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO PARA NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telefono:(717)249-3166 GENERAL AVERMENTS 1. The Plaintiff, STEWART T. CHRIST, is an adult individual who resides at 805 Elwood St., Forked River, NJ., and was the owner and operator of the 1998 Dodge motor vehicle involved in the hereinafter described accident and Plaintiff, KATHY CHRIST, is his wife. 2. The Defendant, FREERKSEN TRUCKING, INC., is a corporation licensed to transact a trucking business in the Commonwealth of Pennsylvania, with its principal place of business located at 67259 210TH Avenue, Dodge Center, MN, and was the owner of the 1999 Freightliner motor vehicle involved in the hereinafter described accident. 3. The Defendant, CLIFFORD DVANE AASVOLD, is an adult individual who resides at 71965 State Highway 56, Hayfield, MN., and was the operator of a 1999 Freightliner motor vehicle involved in the hereinafter described accident. 4. On or about October 20, 2002, Plaintiff, STEWART T. CHRIST, was traveling West on the PA. Turnpike at MP 222.5, public streets and highways, in the County of Cumberland, Commonwealth of PA. 5. On or about October 20, 2002, Defendant, CLIFFORD DVANE AAS VOLD, was traveling East on the PA. Turnpike at MP 222.5, public streets and highways, in the County of Cumberland, and was so negligent and careless so as to suddenly, and without warning, cause the cargo to fall off from the back of his truck and violently strike the motor vehicle in which the Plaintiff was traveling, causing the Plaintiff to sustain serious personal injuries and damages more specifically set forth hereafter. 6. The aforementioned collision was caused solely from the negligence, recklessness and carelessness of the Defendants herein and was not due to any act or failure to act on the part of the Plaintiff. 7. On or about October 20, 2002, and for some time prior thereto, the Defendant, CLIFFORD DVANE AASVOLD, was the agent, servant, workman and/or employee of the Defendant, FREERKSEN TRUCKING, INC., and was acting within the scope of his employment at the time of the aforesaid collision. 8. The carelessness, recklessness and negligence of the Defendants consisted of the following: (a) Failing to adequately and properly secure the cargo on the back of the truck motor vehicle; (b) Operating the truck motor vehicle at a high and excessive rate of speed under the circumstances; (c) Failing to have said truck motor vehicle under proper and adequate control; (d) Failing to give proper and sufficient notice of the approach of said truck motor vehicle; (e) Failing to exercise due care and caution under all of the circumstances; (f) Operating the truck motor vehicle without due regard for the rights, safety and position of the Plaintiff, (g) Violating the various ordinances and laws of the County of Cumberland and the Statutes of the Commonwealth of PA. pertaining to the operation and control of truck motor vehicles; (h) Violating the various ordinances, laws of the County of Cumberland and the Statutes of the Commonwealth of PA, and regulations (both state and federal) pertaining to the transportation, operation, and safety of load bearing motor vehicles upon the highways; (i) Failing to keep a proper look-out under all of the circumstances; and 0) That Defendant, FREERKSEN TRUCKING, INC., negligently entrusted the operation and use of the respective truck motor vehicle to the Defendant, CLIFFORD DVANE AAS VOLD, when they knew and/or should have known that the cargo was not properly secured and that he would control the vehicle in a negligent, careless and/or reckless manner; (k) That Defendant, FREERKSEN TRUCKING, INC., negligently and carelessly loaded the subject truck in an improper and inadequate manner so as to not allow the vehicle to be operated in a safe manner upon the highways; (1) That Defendants, CLIFFORD DVANE AASVOLD and FREERKSEN TRUCKING, INC., knew or should have known that said truck was loaded in an inadequate and improper manner to allow the safe operation of the vehicle upon the highways, and; (m) Negligence, carelessness and recklessness at law. COUNTI PLAINTIFF, STEWART T. CHRIST v. DEFENDANTS 4. The Plaintiff, STEWART T. CHRIST, incorporates herein by reference, the allegations set forth in the General Averments, inclusive, as if fully set forth herein, 10. As a direct result of the carelessness, recklessness and negligence of the Defendants, Plaintiff, STEWART T. CHRIST, sustained severe and permanent internal and external injuries in and about the head, body and limbs, including but not limited to: right L34 discectomy and foraminotomy, and left knee sprain and strain, as well as multiple contusions in and about the body, headaches, dizziness, nausea, and a severe and permanent shock to his nerves and nervous system, all of which has caused him and will continue to cause him great pain and agony, and has prevented him and will continue to prevent him in the future from attending to his daily duties and occupation, all to his great financial damage and loss. 11. As a direct result ofthe carelessness, recklessness and negligence of the Defendants, the Plaintiff has been and will be obliged to undergo medical attention and care and to incur various expenses for the injuries he has suffered, and he may be obliged to continue to incur such expenditures for an indefinite time in the future, all to his great detriment and loss. 12. As a further direct result of the Defendants' carelessness, recklessness and negligence, Plaintiff, STEWART T. CHRIST, has and may hereafter incur other financial expenses or losses which have and/or may exceed amounts which he may otherwise be entitled to recover under the PA. Motor Vehicle Financial Responsibility Law. 13. As a further direct and permanent result of the carelessness, recklessness and negligence of the Defendants herein, the Plaintiff has had and will continue to endure great pain and suffering, depressions, nervousness, humiliation, personality change and a loss of natural enjoyment of life and life's pleasures. 14. As a further direct result of the Defendants' carelessness, recklessness and negligence, the Plaintiff has and may suffer a severe loss of his earnings and impairment of his earning power, all of which has been and will continue to be to his great financial damage and loss. 15. As a direct result of the Defendants' reckless, careless and negligent conduct, the Plaintiff has been and may hereafter be prevented from attending to his usual duties, activities, avocations and occupation, all to his great detriment and loss. 16. At all times hereinbefore complained of, the Plaintiff, STEWART T. CHRIST, was the owner of a 1998 Dodge motor vehicle which was in excellent physical and mechanical condition. As a direct result of the Defendants' negligence, the Plaintiffs vehicle sustained extensive damages, requiring repair and replacement of parts, together with labor charges thereto, all to Plaintiffs great financial damage and loss. WHEREFORE, Plaintiff, STEWART T. CHRIST, demands judgment against the Defendants, FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AAS VOLD, jointly and/or severally, in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars plus interest and costs. COUNT II PLAINTIFF, KATHY CHRIST v. DEFENDANTS 17. The Plaintiff, KATHY CHRIST, incorporates herein by reference, the allegations set forth in the General Averments, inclusive, as if fully set forth herein. 18. As a further direct and permanent result of the negligence, carelessness and recklessness of the Defendants, the Plaintiff, KATHY CHRIST, has been obliged to expend various sums of money for medication and medical care in an effort to treat and cure her husband of his injuries and she will be obliged to do so for an indefinite time in the future, all to her great detriment and loss. 19. As a direct and further result of the negligence, carelessness and recklessness of the Defendants, the Plaintiff, KATHY CHRIST, has been deprived of the comfort, companionship, services, consortium and assistance of her husband, all to her great detriment and loss. WHEREFORE, the Plaintiff, KATHY CHRIST, demands judgment against the Defendants, FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, jointly and/or severally, in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars plus interest and costs. LAW O FICES OF DAVID M. RAPOPORT BY. DAVID M. RAPOPORT, E IRE Attorney for Plaintiffs VERIFICATION STEWART T- CHRIST, states that he is the Plaintiff in this matter, and, having read the attached Civil Act ion Complaint , verifies that the within pleading is based on information furnished to counsel, which information has been gathered by counsel in thecourse ofthis litigation. The undersigned verifies that he within are true and correct to the best of his has read the within pleading and that the facts set forth knowledge, information and belief. To the extent that the contents and language of the pleading are that of counsel, the undersigned has relied upon counsel in taking this Verification. This statement is made subject to the penalties of Title 18 PA. C.S. Section 4904 relating to unworn falsification to authorities. -V 4 LAW OFFICES OF DAVID M. RAPOPORT By: DAVID M. RAPOPORT, ESQ. Identification No. 57702 1410 Two Penn Center Plaza Philadelphia, PA 19102 (215)963-9393 ATTORNEY FOR PLAINTIFF STEWART T. CHRIST & KATHY CHRIST, h/w COURT OF COMMON PLEAS CUNBERLAND COUNTY vs. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD NO. 04-5184 CERTIFICATE OF SERVICE I, DAVID M. RAPOPORT, ESQUIRE, hereby certify that a true and correct copy of Plaintiffs' Complaint in Civil Action was served upon Defendant, FREERKSE.N TRUCKING, INC., on October 23, 2004, via First Class, Certified Mail, Return Receipt Requested #91-7108-2133-3930-8443-2762 and Defendant, CLIFFORD DVANE AASVOLD on October 27, 2004 via First Class, Certified Mail, Return Receipt Requested #91-7108-2133-3930-8443-2779. (See copies of the "green cards" attached hereto.) LAW OFFICES OF DAVID M. RAPOPORT BY DAVID M. APOPORT, E UIRE Attorney for Plaintiffs ¦ Complete items 1, 2, and 3. Also complete item 4.1f Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Artlde Adriiseeed to: A. Signature X B. PWC"d by (Prhrfed Nsme) ytdw s Ar D. Is delivery addresm different If YES, enter delivery adds Date of Delvery 6W. 0 14 C d LWAIt Q44AAMd M AI say 3 Servicelype X CerWad MA 0 Express Mil 0 Registered N Return Receipt for MterdwKfta 0 Inaued Mal O C.O.D. 1 4. Redrkted Delbaj/d (Fiche fee) 0 yr? 2. Article Number 91 7108 2133 3930 8443 2779 (Tianslis?fr?rR ?_- PS Form 381'1, February 2004 Domestic Ream Re eipt IOMS-024A-IW ¦ Complete items 1, 2, and 3. Also complete item 4 N Restricted Delivery Is desired. ¦ Print your nacre and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the font H space permits. 1. Article Ad&Ifresd to: r --rr L Cxr"J5?T-/J- (?? -25?j d toy' ?? Qodr? .• HA] ss9?z? x_ 0. Received by (Prbrled Name) C: Date of Del, D. Is delvay address crbwd *urn Morn 1? ? you If YES, enter dWhWy address below: 0 No 3. Service type 1 19 Cert w Mal 0 Registered O trees Mal '(ReMun Receipt for lmwdmx ise 0 inu ned mat 0 C.O.D. 4. ReWleted DeNvery7 Pit Fee) O Yes 2. Article Ncatrber - (rransksr ft m a 91 7108 2133 3930 8443 2762 PS Forfm 38'1 t, February 2DO4 Domeatic Return Receipt 102595-02-M.1s40 c`7 r13 ? C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. File No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearances of Robert A. Lerman, Esquire and Thomas B. Sponaugle, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendants, Freerksen Trucking Inc. and Clifford Dvane Aasvold, in the above-captioned matter and mark the docket accordingly. 3 41.05 Dated: Nover`ftbeF...,.?2004 GRIFFITH, STRICKLER, LERMAN, SOL OS & CALKINS BY: L "`' ROBERT A. LERMAN, E QUIRE Attorney I.D. No. 07490 BY: Imo, ?i>YC Cam. THOMAS B. SPON UGLE, ESQUIRE Attorney I.D. No. 64585 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Attorneys for Defendants, Freerksen Trucking Inc. and Clifford Dvane Aasvold IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, Vs. File No. 04-5184 CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of NbvewbLr, 2001, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe for Entry of Appearance on behalf of Defendants by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 (Counsel for Plaintiffs) GRIFFITH, S CKLER, LERMAN, SOL OS & CALKINS . By: IkOBERT A. LERMAN, ESQUIRE Supreme Court I.D. 407490 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 klr/freerksen-prp _.> c, ?_?. fir; -„ ail ?_` :.li -. , r N _ _ C?• i(_l -.l . -CJ .i'. C._ , v l -i -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. File No. 04-5184 CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED STIPULATION OF COUNSEL We, David M. Rapoport, counsel for Plaintiffs, and Robert A. Lerman. Esquire, counsel for Defendants, Freerksen Trucking, Inc. and Clifford Dvane Aasvold, hereby agree that Plaintiffs' Complaint shall be amended to withdraw subparagraph (m) of Paragraph No. 8 of Plaintiffs' Complaint. LAW OFFICES OF DAVID M. RAPOPORT David M. Rapoport Attorney for Plaintiffs 1410 Two Penn Center Plaza Philadelphia, PA 19102 215-963-9393 -?J Dated: 2- 2-1 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY Robert A. L ID #07490 Thomas B. Sponaugle, Esquire #64584 Attorneys for Defendants, Freerksen Trucking, Inc. and Clifford Dvane Aasvold 110 South Northern Way York, PA 17402-3737 717 757'7602 Dated: 7 ?j klr/freerksen-stip t-? c? ?:• > (J -n c G" ? ^ " `' ?., y -n , i k?_i _il ' . D` .,. -iCi L^ ? i _? ?_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, . Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED NOTICE TO PLEAD To: Stewart T. and Kathy Christ c/o David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 You are hereby notified to file a written response to the enclosed Answer & New Matter of Defendants Freerksen Trucking, Inc. and Clifford Dvane Aasvold within twenty (20) days from service hereof or a judgment may be entered against you. By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Supreme Court M #64584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, : Case No. 04-5184 Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER & NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 5. Admitted and denied. It is admitted on or about October 20, 2002 Defendant Clifford Dvane Aasvold was traveling east on the Pennsylvania turnpike at mile post 222.5 in the County of Cumberland. It is specifically denied the Defendant was negligent and careless. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent and careless and strict proof thereof is demanded. The remaining allegations in Paragraph 5 are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 6. Denied. It is specifically denied that the collision was caused solely from the negligence, recklessness and carelessness of the Defendants herein and was not due to any act or failure to act on the part of the Plaintiff. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, reckless or careless and strict proof thereof is demanded. 7. Admitted. 8. Denied. It is specifically denied the carelessness, recklessness and negligence of Defendants consisted of the following: a. Failing to adequately and properly secure the cargo on the back of the truck motor vehicle; b. Operating the truck motor vehicle at a high and excessive rate of speed under the circumstances; C. Failing to have said truck motor vehicle under proper and adequate control; d. Failing to give proper and sufficient notice of the approach of said truck motor vehicle; e. Failing to exercise due care and caution under all the circumstances; E Operating the truck motor vehicle without due regard for the rights, safety and position of the Plaintiff; g. Violating the various ordinances and laws of the County of Cumberland and the statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of truck motor vehicles; h. Violating the various ordinances, laws of the County of Cumberland and the statutes of the Commonwealth of Pennsylvania and regulations (both state and federal) pertaining to the transportation, operation and safety of load-bearing motor vehicles upon the highways; Failing to keep a proper lookout under all the circumstances; j. That Defendant Freerksen Trucking, Inc. negligently entrusted the operation and use of the respective truck motor vehicle to Defendant Aasvold when they knew and/or should have known that the cargo was not properly secured and that he would control the vehicle in a negligent, careless and/or reckless manner; k. That Defendant Freerksen Trucking, Inc. negligently and carelessly loaded the subject truck in an improper and inadequate manner so as to not allow the vehicle to be operated in a safe manner upon the highways; and 1. That Defendants Aasvold and Freerksen Trucking, Inc. knew or should have known that said truck was loaded in an inadequate and improper manner to allow the safe operation of the vehicle upon the highways. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent and strict proof thereof is demanded. COUNTI PLAINTIFF STEWART T. CHRIST v. DEFENDANTS 9. Paragraphs 1 through 8 of Defendants' Answer are incorporated by reference. 10. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 11. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 12. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 13. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 14. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 15. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 16. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. WHEREFORE, Defendants demand judgment in their favor and against the Plaintiffs. COUNT II PLAINTIFF KATHY CHRIST v. DEFENDANTS 17. Paragraphs 1 through 16 of Defendants' Answer are incorporated by reference. 18. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 19. Denied. It is specifically denied that the Defendants were careless, reckless or negligent. On the contrary, at all times relevant hereto, Defendants acted in a careful, lawful and prudent manner with due care under the circumstances and were not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations contained in this Paragraph are denied because after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. WHEREFORE, Defendants demand judgment in their favor and against the Plaintiffs. By way of further response, the following is asserted: NEW MATTER 20. Paragraphs 1 through 19 of Defendants' Answer are incorporated by reference. 21. Plaintiffs' Complaint fails to state a cause of action upon which relief may be granted. 22. Plaintiffs' Complaint may be barred by the applicable statute of limitations. 23. Plaintiffs' injuries and damages, if any, were caused solely and directly as a result of individuals or entities other than the Defendants and over whom the Defendants have no responsibility or right of control. 24. Plaintiffs' injuries and damages, if any, were caused solely and directly as a result of the negligence of the Plaintiff, which consisted of the following: a. Failure to properly maintain his motor vehicle; b. Failure to maintain a lookout for other objects on the highway; C. Failure to exercise due care and caution under all of the circumstances; and d. Failure to keep his motor vehicle under proper and adequate control. 25. Plaintiffs' claims must be barred or diminished with respect to Pennsylvania's Comparative Negligence Act because of the negligence of the Plaintiff as set forth above. 26. Plaintiffs have not sustained a serious injury as defined under the Pennsylvania Motor Vehicle Financial Responsibility Law. 27. Plaintiffs' claims for non-economic damages may be barred because Plaintiffs have elected the limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 28. Plaintiffs may have failed to mitigate their damages. 29. Plaintiffs have received various benefits from other insurance arrangements, programs, or group contracts of insurance, including benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law, and Plaintiffs may not recover the same benefit from this proceeding. 30. The injuries and damages the Plaintiffs claim to have sustained in this motor vehicle accident may have pre-existed this accident and were not caused as a result of the accident. 31. The injuries and damages the Plaintiffs claim to have sustained in this motor vehicle accident may have pre-existed this accident and were not aggravated or exacerbated as a result of this accident. 32. The injuries and damages the Plaintiffs claim to have sustained in this motor vehicle accident may have been sustained subsequent to this accident and may not be related to this accident. 33. Plaintiffs have recovered from the injuries which they allegedly sustained as a result of this accident. 34. Plaintiffs assumed the risk of their own injuries. GRIFFITH, STRICKLER, SOLYMOS & CALKfV By. Aw % Z ?- THOMIASB. ?PpfV GLE, ESQUIRE Supreme CoL&4.1). #64584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I verify that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 1S Pa.C.S. §4904, relating to unswom falsification to authorities. Date: PIk- FMERKSEN TRUCKING, INC. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, : Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED VERIFICATION I verify that the foregoing= facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of I8 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: //-i m -61 V CLI ORD DVANE AASVOLD L I ffi ...) D a:.e a.s S r /.t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, . Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of ?`'? , 200I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Answer & New Matter by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 By: GRIFFITH, STRICKLER, SOLYMOS & CALKINS THOMAS B. SP XAU9I,E, ESQUIRE Supreme Court .964n4 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 ? ? c? J _ -11 ?n -1 _ _ ?{_ (, ' ?'' .? ' 1 ' v ?: ` - ' , - '; i iri .. G? -' ` 1 ) -C. ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, vs. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED CE IFICATE OF SERVICE ti AND NOW, thist /_L ?-o 6y of NoyQQ!?er, 200 I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendants, Freerksen Trucking, Inc. and Clifford Dvane Aasvold, to Plaintiffs, Set No. I as indicated below, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS &GALKINS r BY: TH AS & SPO AUGLE, ESQUIRE Attorney for Defendants Supreme Court I.D. No. 64584 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 kir/freerksen-int ? ic?:a .y G7 -i? C ._ ?_? _ ^' rR, i ^, ?.. ? ??t. ? r,? -,' --? z ; , F , ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, vs. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE C 15 AND NOW, this $?,day of Ne?2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendants, Freerksen Trucking, Inc. and Clifford Dvane Aasvold, to Plaintiffs, as indicated below, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Attorney for DeTendanti--- Supreme Court I.D. No. 64584 110 South Northern Way York, Pennsylvania 17402-3737 Telephone: (717) 757-7602 klr/freerksen-rfpd r> ' r ?^ I la^_ r - t?J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day ofc 2005, T, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, ST ICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendants' Response to Plaintiffs' Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 GRIFFITH, SOLYMO By: LERMAN, Supreme urt I.D. #64584 Attorney r Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 ESQUIRE t i CJ t `=: .. _ ?`1 ` 4`J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this /() {fi day of 2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendants' Answers to Plaintiffs' Interrogatories by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 GRIFFITH, STRICKLER, SOLYMOS & CALKINS By: Supreme CouX I.LY#645 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 ESQUIRE ?Jo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, . Case No. 04-5184 VS. Plaintiffs, CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE AND NOW, this day of 2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKL,ER, LERMAN, SOLYMOS & CALKINS, hereby certifies that Defendants' counsel has attempted to resolve this situation without a Motion to Compel but has received no indication from Plaintiffs' counsel as to whether Plaintiffs' counsel is opposing or not opposing the above Motion. GRIFFITH, STRICKLER, LERMAN, -SOL OS & CALKINS By: OMAS B. SPONAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED MOTION TO COMPEL PLAINTIFFS' RESPONSES TO INTERROGATORIES/REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS TO PLAINTIFFS, SET NO. I AND NOW, TO WIT, this ?&01 day of 2005, comes the Defendants, Freerksen Trucking, Inc. and Clifford Dvane Aasvold, by their counsel, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and files the following Motion to Compel Plaintiffs' Responses to Interrogatories/Request for Production of Documents of Defendants to Plaintiffs, Set No. 1, as follows: 1. On or about March 18, 2005, Defendants propounded a set of Interrogatories and Request for Production of Documents, Set No. 1, to the Plaintiffs. A copy of said Interrogatories and Request for Production of Documents were filed with the Cumberland County Court of Common Pleas on or about March 18, 2005. 2. Said discovery responses were due on or before April 18, 2005. 3. A significant extension of time has already been provided to Plaintiffs' counsel to respond to these discovery requests by July 18, 2005. 4. To date, no response has been provided. 5. The submission of these discovery requests constitutes the first stage of discovery, which would afford Defendants the opportunity to identify potential trial witnesses and trial evidence, including experts, and discovery information relevant to the alleged damages claimed by actual witnesses. WHEREFORE, Defendants Freerksen Trucking, Inc. and Clifford Dvane Aasvold respectfully request this Honorable Court to issue a verdict compelling Plaintiffs Stewart T. and Kathy Christ to respond to Interrogatories and Request for Production of Documents of Defendants to Plaintiffs, Set No. 1, within 30 days from the date of this Order. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & C/ALKIMS i i By: THOMAS B. SXP AYGLE, ESQUIRE Supreme Gaurt #64584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, . Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED / CERTIFICATE OF SERVICE AND NOW, this /A. day ofd 2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Motion to Compel Plaintiffs' Responses to Interrogatories/Request for Production of Documents of Defendants to Plaintiffs, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 By: GRIFFITH, < SOLYMOS 110 South Northern Way York, PA 17402 (717) 757-7602 Supreme Court. #64584 Attorney for Defendants ESQUIRE ?? ? T : ? ?'? -' c??? r ? ?? ? ? ??. ..? .,, ?_. . .. ?.;? '? ??i ,. . ? ?r, ' y . ? ..4 L ? RECEIVED AUG 19 20 5to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. AND, NOW, TO WIT this Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER z y? day of 2005, upon consideration of Motion to Compel Plaintiffs' Responses to Interrogatories/Request for Production of Documents of Defendants to Plaintiffs, Set No. 1, it is hereby ORDERED that the ti., f n V1 Plaintiffs submit to Defendants' Interrogatories and Request for Production of Documents, Set No. 1, within _7o days from the date of this Order. BY THE COURT, Jud 3? AILED-O; ?fCp 0? 2t l o ,Ci L 'OTAPY 2005 AUG 22 PCB 4; Q2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants Freerksen Trucking, Inc. and Clifford Dvane Aasvold certify that: (1) A Notice of Intent to serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served; (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) No objections to the Subpoena have been received; and (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. By: GRIFFITH, SOLYMO Supreme Co D.464594 Attorney fo a endants I10 South Northern Way York, PA 17402 (717) 757-7602 LERMAN, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Thomas B. Sponaugle, Esquire, counsel for Defendants Freerksen Trucking, Inc. and Clifford Dvane Aasvold, intends to serve a subpoena identical to the subpoena that is attached to this notice. 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 subpoenas. If no objection is made, the subpoena may be served. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: THOMAS WSb',UGLE, ESQUIRE Suprem4584 Attornets 110 South Northern Way York, PA 17402 (717) 757-7602 In the, Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania Stewart T. and Kathy Christ, Plaintiffs No. 04-5184 VS. Freerksen Trucking. Inc. and Clifford Dvane Aasvold. Action in - Law Defendants Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Michael Nosko. 125 Paterson Street. Clinical Academic Building, Suite 2100, New Brunswick NJ 08901 (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: All medical records on Stewart T. Christ, d/o/b 3-2-50. Social Security No 194-36-4050 from 3-2-50 to present at GRIFFITH, STRICKLER. LERMAN, SOLYMOS & CALKINS, 110 S. Northern Wav York PA 17402 (Address) You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: DATE: Thomas B. Sponaugle, Esquire GRIFFITH, STRICKLER. LE MAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 64584 Defendants Freerksen Trucking. Inc. and Clifford Dvane Aasvold BY THE COURT: Seal of Court Prothonotary / Clerk, Civil Division In the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania Stewart T. and Kathy Christ, Plaintiffs No. 04-5184 vs. Freerksen Truckino, Inc. and Clifford Dvane Aasvold, Action in - Law Defendants Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Veterans Administration 1700 S. Lincoln Avenue. Lebanon, A 17042 (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: All records on Stewart T Christ dio/b 3-2.50 Social Security No. 194.36-4050 from 3-2.50 to present at GRIFFITH STRICKLER LERMAN SOLYMOS &CALKINS 110 S. Northern Way, York, PA 17402 (Address) You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas B. Sponaugle. Esquire ADDRESS: GRIFFITH. STRICKLER. LERMAN. SOLYMOS & CALKINS 110 South Northern Way. York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendants Freerksen Trucking. Inc. and Clifford Dvane Aasvold BY THE COURT: DATE: Seal of Court Prothonotary/ Clerk, Civil Division In thg Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania Stewart T. and Kathy Christ, Plaintiffs No. 04-5184 VS. Freerksen Trucking, Inc. and Clifford Dvane Aasvold, Action in - Law Defendants Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Social Security Administration 555 Walnut Street. Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: All records on Stewart T Christ d/o/b 3.2-50 Social Security No. 194-36-4050 from 3.2-50 to present at You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, togetherwith the certificate of compliance, to the party making this request at the address listed above. You have the rightto seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas B. Sponaugle. Esquire ADDRESS: GRIFFITH STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way. York. PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 64584 ATTORNEY FOR: Defendants Freerksen Trucking, Inc. and Clifford Dvane Aasvold BY THE COURT: DATE: Seal of Court Prothonotary I Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ' b day of ea , 2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 GRIFFITH, S SOLYMQS'& By: Supreme Coto I.D. #64584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 LERMAN, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, : Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4 day of?y? "uw {, 2005, 1, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoena Pursuant To Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS / - THOMAS B. S01?E, ESQUIRE Supreme Court I.D. 84 Attorney for Defen s 110 South Northern Way York, PA 17402 (717) 757-7602 n 1 Q - G? ?V fY1 .a hi `D G --t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE i / AND NOW, this day of tJk ?,fl' a 2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendants' Response to Plaintiffs Requests for Admissions by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKJXS By: ESQUIRE THOMA=;W4784 Supreme Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 O , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, . Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached verification of Defendant Freerksen Trucking, Inc. for the verification of Defendants' counsel to Defendants' Response to Plaintiff's Requests for Admissions which was filed in the above-captioned matter. GRIFFITH, STRIQKLER, L N, SOLYMOS &,MKIN By: Supreme Coin. ,#645 Attorney for efendants 110 South Northern Way York, PA 17402 (717) 757-7602 ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, : Plaintiffs, Vs. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I verify that the foregoing facts are tnre and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: F RI SEN TRUCKING, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this d day of A , 2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe to Substitute Verification by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 GRIFFITH, STRICKVR, LERMAN, SOLYMOS & CAkRINS / By: THOMAS B. SPO E, ESQUIRE Supreme Court I. 4584 Attorney for Del , ants 110 South Northern Way York, PA 17402 (717) 757-7602 = : ? ..? ?, ?: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO COMPEL WITH SANCTIONS AND NOW, TO WIT, this day of , 2006, come the Defendants, Freerksen Trucking, Inc. and Clifford Dvane Aasvold, by their counsel, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and files the following Motion to Compel with Sanctions, as follows: 1. On November 28, 2005 defense counsel forwarded a Consent for Release of Information form from the Social Security Administration to Plaintiff's counsel requesting that Plaintiff execute same in order for Defendant to obtain the Social Security Administration records of the Plaintiff. 2. Defense counsel followed up with Plaintiff's counsel requesting the executed Social Security Administration Consent form on March 15, 2006 and April 28, 2006. 3. To date, defense counsel has received no communication from Plaintiff's counsel with regard to the Social Security Administration records or the Consent form. 4. On March 21, 2006, defense counsel forwarded correspondence to Plaintiff's counsel advising of an independent medical evaluation to be performed by Dr. Robert Dahmus on Plaintiff Stewart Christ on April 26, 2006 at 4:15 p.m. at Dr. Dahmus's office in Harrisburg, Pennsylvania. 5. On April 27, 2006, defense counsel received a phone call from Dr. Dahmus's office indicating that Plaintiff did not appear for the independent medical evaluation. 6. Dr. Dahmus's cancellation fee is $1,200.00. 7. On April 28, 2006, defense counsel forwarded correspondence to Plaintiff's counsel requesting reimbursement of the cancellation fee and renewing the request for the Social Security Administration Consent form. 8. To date, defense counsel has received no communication from Plaintiff's counsel in response to these requests. 9. Defense counsel requests sanctions in the amount of $1,200.00 for the IME cancellation fee and $500 attorney's fees to prepare the Motion and attend the hearing on it. WHEREFORE, Defendant respectfully requests this Honorable Court to grant the Motion ordering Plaintiff to provide to defense counsel the executed Consent for Release of Information Social Security Administration form and reimburse Petitioner $1,200.00 for Dr. Dahmus's cancellation fee and $500 attorney's fees. By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CA,I9INS THOMAS B. S?,?E, ESQUIRE Supreme Court I.D. 464584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this / a day of , 2006, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendants' Motion to Compel with Sanctions by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Perm Center Plaza Philadelphia, PA 19102 By: GRIFFITH, STRICKLER, J,ERMAN, SOLYMOS & _C9kL THOMAS B.i"QaNAUGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 O ?.s ?n r' Ta l:r`l STEWART T. and KATHY CHRIST, Plaintiffs VS. FREERKSEN TRUCKING, INC and CLIFFORD DVANE AASVOLD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5184 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this 2 4 v day of May, 2006, a brief argument on the defendants' motion to compel is set for Thursday, July 6, 2006, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ,/avid M. Rapoport, Esquire For the Plaintiffs ,??omas B. Sponaugle, Esquire For the Defendants J :rim /11.1 ?f,i ? 1 r ?10 MAY 2 P luub IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, . Case No. 04-5184 Plaintiffs, Vs. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED ORDER AND, NOW, TO WIT this ts' day of !F--1j , 2006, upon L;P? Qj 44" P&4-V4 consideration of Defendants' Motion to Compel with Sanctions,kt is hereby ORDERED that Plaintiff execute the Consent for Release of Information Social Security Administration form and forward it to defense counsel; reimburse defense counsel for Dr. Dahmus's KM cancellation fee for failure to appear for the independent medical evaluation of April 26, 2006; f 30d. 00 M'N appear for an independent medical evaluation at a future date and time; $5ft to reimburse Defendant for defense counsel's fees to prepare the Motion to Compel with Sanctions. BY THE COURT, ???? ,:-;? ?_??-t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED DEFENDANTS' PETITION FOR SANCTIONS AND NOW, TO WIT, this 34 day of Oc? , 2006, come the Defendants, Freerksen Trucking, Inc. and Clifford Dvane Aasvold, by their counsel, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and files the following Petition for Sanctions, as follows: 1. On July 6, 2006, Judge Kevin A. Hess of the Cumberland County Court of Common Pleas issued an Order that in part required Plaintiffs' counsel to reimburse defense counsel for Dr. Dahmus's cancellation fee for Plaintiff's failure to appear for an independent medical examination on April 26, 2006 and to reimburse Defendant $300 for defense counsel's fees to prepare the Motion to Compel with Sanctions. A copy of the Order of Judge Hess dated July 6, 2006 is attached hereto and marked Exhibit A. 2. To date, Plaintiffs' counsel has not reimbursed defense counsel for Dr. Dahmus's cancellation fee in the amount of $1,225.00 and has not reimbursed Defendant $300 for defense counsel's fees. 3. Defense counsel has requested Plaintiffs' counsel to reimburse defense counsel by telephone calls, as well as letters dated July 11, 2006, August 14, 2006, August 30, 2006 and September 18, 2006. 4. To date, defense counsel has received no response to these requests for payment. 5. Dr. Dahmus will not release his independent medical evaluation report until his cancellation fee is paid. 6. Defense counsel requests that the appropriate sanction of Plaintiffs being precluded from presenting any evidence with regard to damages and $1,525.00 in reimbursement for fees pursuant to the July 6, 2006 Order be paid immediately, as well as a $500 reimbursement for defense counsel's fees to prepare this Petition for Sanctions. WHEREFORE, Defendant respectfully requests this Honorable Court to grant the Petition precluding Plaintiff from presenting any testimony at trial with regard to damages and $2,025.00 in fees to reimburse defense counsel immediately. By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS THOMAS B. SP AU L QUIRE Supreme Court Y .,,D. 695-84 Attorney for De endants 110 South Northern Way York, PA 17402 (717) 757-7602 uv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, . VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. . Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND, NOW, TO WIT this day of 1-a IT 2006, upon consideration of Defendants' Motion to Compel with SanctionsA is hereby ORDERED that Plaintiff execute the Consent for Release of Information Social Security Administration form and forward it to defense counsel; reimburse defense counsel 0- for Dr. Dahmus's KN cancellation fee for failure to appear for the independent medical evaluation of April 26, 2006; .4-?Mzv ?ely appear for an independent medical evaluation at a future date and time; 449-to reimburse Defendant for defense counsel's fees to prepare the Motion to Compel with Sanctions. BY THE COURT, Judge 1 3d ;lfUft cwtsa i hia.f-fin day ?1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. . FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE AND NOW, this 9&-Q day of L7? z,t , 2006, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that Defendants' counsel has attempted to resolve this situation without a Petition but has received no indication from Plaintiffs' counsel as to whether Plaintiffs' counsel is opposing or not opposing the above Petition. GRIFFITH, STRI. KLER, LERNWN, SOLYMOS .?ti?CL.KIN& By. u?f z???' THOM?P A7 '`'E, ESQUIRE Supreme Court . , : # 584 61 Attorney for D endants 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 5?19 day of Ocr- c , 2006, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendants' Petition for Sanctions by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 GRIFFITH, STRICKLER, LERMAN, SOLYMOSX CALKRNS By: THO PONAUGLE, ESQUIRE Supre I.D. #64584 Attorney or Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 ?? ? t _? ?--? -_ - ? -rt c- :? -r-, ? - ; !r __, '?, - ' ?` - sv __ _; ?? •-< STEWART T. and KATHY CHRIST, Plaintiffs VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5184 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' PETITION FOR SANCTIONS ORDER AND NOW, this day of October, 2006, a rule is issued on the plaintiffs to show cause why the relief requested in the within petition for sanctions ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, 11 Gt Hess, J. Xaavid M. Rapoport, Esquire For the Plaintiffs /homas B. Sponaugle, Esquire For the Defendants :rlm J /?t ov ,o; t \ 07 ,_ 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Case No. 04-5184 Plaintiffs, VS. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. JURY TRIAL DEMANDED DEFENDANTS' PETITION TO MAKE RULE ABSOLUTE AND NOW, TO WIT, this L)6 day of , 2006, come the Defendants, Freerksen Trucking, Inc. and Clifford Dvane Aasvold, by their counsel, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and files the following Petition to Make Rule Absolute, as follows: 1. On October 10, 2006, Judge Kevin A. Hess of the Cumberland County Court of Common Pleas issued a Rule Returnable relevant to Defendants' Petition for Sanctions. A copy of the Rule Returnable and Defendants' Petition for Sanctions are attached hereto and marked Exhibit A and Exhibit B. 2. No response has been received from Plaintiffs' counsel. WHEREFORE, Defendants respectfully request this Honorable Court to enter the Rule Absolute granting the relief requested by the Defendant's Petition. By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS "ALKM THOMMS B. S AUGLE, ESQUIRE Supreme Cou #645 84 Attorney for Def ndants 110 South Northern Way York, PA 17402 (717) 757-7602 „ . A% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. Case No. 04-5184 FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3,)4c day of o: &-i , 2006, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendants' Petition to Make Rule Absolute by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 GRIFFITH, STRI SOLYMOS & C By: 7 THOMAS B.-SPO GLE, ESQUIRE Supreme Court I. 4584 Attorney for De ants 110 South Northern Way York, PA 17402 (717) 757-7602 e-a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. CHRIST & KATHY CHRIST, h/w CASE No. 04-5184 vs. Plaintiffs, CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD JURY TRIAL DEMANDED Defendants. PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' PETITION FOR SANCTIONS And now, comes the Plaintiffs, Stewart T. Christ and Kathy Christ, h/w, by and through their undersigned counsel, David M. Rapoport, Esquire, with this Response in Opposition to the Defendants' Petition for Sanctions, averring as follows: 1. Admitted. 2. Denied. The Order of July 6, 2006 does not indicate that Plaintiffs' counsel was to reimburse defense counsel for Dr. Dahmus's cancellation fee of $1,225.00. In fact, that provision of the Order was specifically redacted by agreement of counsel prior to its submission to the Court for approval. As discussed by respective counsel at the time of this agreement, Plaintiffs' counsel was vehemently opposed to Dr. Dahmus' grossly inflated cancellation fee of $1,225.00. In light of this objection, defense counsel agreed to redact that portion of its proposed Order on July 6, 2006, with the intent that the parties would attempt to discuss the cancellation fee with Dr. Dahmus to reduce same to a normal, common amount. With regard to the $300.00 defense counsel fee, Plaintiffs' counsel became aware that same was not remitted to defense counsel upon receiving the copy of this Petition for Sanctions. Plaintiffs' counsel simply and inadvertently failed to send the $300.00 to defense counsel. Accordingly, the $300.00 has been forwarded to defense counsel with a copy of the Plaintiffs' within Response in Opposition to the Defendants' Petition for Sanctions (See attached Exhibit "A"). Finally, defendants' demand that this Court preclude Plaintiffs from presenting any testimony with regard to damages is completely unfounded and unfairly prejudicial considering the fact that Plaintiff has actually submitted to the defendants' requested medical examination (which was rescheduled after being missed -2- the first time), and defendants have suffered absolutely no prejudice whatsoever by the Plaintiff s failure to pay Dr. Dahmus an outrageously inflated fee for a previously missed medical examination. 3-4. Denied in part. Plaintiffs' counsel is not aware of any telephone calls from defendants' counsel requesting the $1,225.00 cancellation fee. Plaintiffs' counsel acknowledges receipt of the letters from defense counsel, but as previously stated, the request for payment of $1,225.00 to Dr. Dahmus was NOT a part of the July 6, 2006 Order of this Court, nor what respective counsel had agreed to prior to the signing of the Order. 5. Denied. Plaintiffs' counsel is unaware as to why Dr. Dahmus is refusing to release his defense medical evaluation to defense counsel. As previously stated, Plaintiffs' counsel is attempting to reason with Dr. Dahmus regarding his ridiculous and outrageously-inflated cancellation fee. Plaintiffs' counsel stands ready and able to pay Dr. Dahmus for a reasonable cancellation fee. As it appears, Dr. Dahmus refuses to discuss and/or recalculate this fee, and defense counsel appears to not have any ability to control its expert and/or dictate reasonable billing practices to its hired medical expert. 6. Denied. Defendants' demand that this Court preclude the Plaintiffs from presenting any testimony with regard to damages is completely unfounded and unfairly prejudicial considering the fact that Plaintiff has actually submitted to the defendants' requested medical examination (which was rescheduled after being missed the first time), and defendants have suffered absolutely no prejudice whatsoever by the Plaintiff s failure to pay Dr. Dahmus' outrageously inflated fee for a previously missed medical examination. Plaintiffs' counsel is unaware as to why Dr. Dahmus is refusing to release his defense medical evaluation to defense counsel. As previously stated, Plaintiffs' counsel is attempting to reason with Dr. Dahmus regarding his ridiculous and outrageously-inflated cancellation fee. Plaintiffs' counsel stands ready and able to pay Dr. Dahmus for a reasonable cancellation fee. As it appears, Dr. Dahmus refuses to discuss and/or recalculate this fee, and defense counsel appears to not have any ability to control its expert and/or dictate reasonable billing practices to its hired medical expert. Therefore, Plaintiffs should not be held responsible for defendants' failure to obtain its defense medical report. -3- WHEREFORE, Plaintiffs respectfully request that this Honorable Court DENY the Defendants' Petition for Sanctions. Furthermore, Plaintiffs requests this Honorable Court to issue the attached proposed Order pertaining to the outstanding monies/fees due and owing in this matter. Respectfully submitted, LAW OFFICES OF DAVID M. RAPOPORT BYC._ DAVID M. RAPOPORT, E UIRE Supreme Court I.D. #57702 1410 Two Penn Center Plaza Philadelphia, PA 19102 (215) 963-9393 Attorney for Plaintiffs -4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. CHRIST & KATHY CHRIST, h/w vs. Plaintiffs, FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD Defendants. CASE No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, DAVID M. RAPOPORT, ESQUIRE, hereby certify that a true and correct copy of Plaintiffs' Response in Opposition to the Defendants' Petition for Sanctions was served upon the following: Thomas B. Sponaugle, Esquire LAW OFFICES OF GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 S. Northern Way York, PA 17402 Attorneys for Defendants Dated: 10 - 3o -a.6ob LAW OFFICES OF DAVID M. RAPOPORT BY: / DAVID M. RAPOPORT, E IRE Supreme Court I.D. #57702 1410 Two Penn Center Plaza Philadelphia, PA 19102 (215) 963-9393 Attorney for Plaintiffs -5- )??x A I k?,-f g Law Offices of David A Rapoport Two Penn Center Plaza Suite 1410 15th Street & J.F.K. Boulevard Philadelphia, PA 19102 David M. Rapoport t • PA & NJ Bars Deborah Phelan Office Manager (215) 963-9393 fax: 215-717-0707 e-mail: davidCaegalrap.com NEW IERsEY OFFICE Avenues of Commerce 2428 Route 38, Suite 209 Cherry Hill, N) 08002 (856) 779-2885 October 30, 2006 Thomas B. Sponaugle, Esquire LAW OFFICES OF GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 S. Northern Way York, PA 17402 Re: Stewart Christ, et al v. Freerksen Trucking, Inc., et al Docket #04-5184 Dear Mr. Sponaugle: Enclosed please find a copy of Plaintiffs' Response in Opposition to Defendants' Petition For Sanctions, the original of which has been filed with the Court. Also, as indicated in my response, enclosed please find a check in the amount of $300.00 made payable to your firm. I apologize for the delay in forwarding this check to you. Very truly yours, BY: DAVID M. RAPOPORT, ESQUIRE DMR/dp Check Enclosed I 000 6 2651' 1:0160022471: 200 703 700 ?? STEWART T. and KATHY CHRIST, Plaintiffs vs. FREERKSEN TRUCKING, INC and CLIFFORD DVANE AASVOLD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5184 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' PETITION FOR SANCTIONS r%nnrn AND NOW, this 2':j day of November, 2006, a brief argument on the defendants' petition for sanctions and the answer filed thereto, is set for Friday, December 8, 2006, at 4:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Jarvtid M. Rapoport, Esquire he Plaintiffs /Thomas B. Sponaugle, Esquire For the Defendants Am P t r? -?7 H STEWART T. and KATHY IN THE COURT OF COMMON PLEAS OF CHRIST, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. NO. 04-5184 CIVIL FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AAS VOLD, Defendants JURY TRIAL DEMANDED IN RE: DEFENDANTS' PETITION FOR SANCTIONS ORDER AND NOW, this r day of November, 2006, at the request of counsel for the plaintiffs and with the concurrence of counsel for the defendants, argument on the defendants' petition for sanctions set for December 8, 2006, is continued to Thursday, January 18, 2007, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin Hess, J. David M. Rapoport, Esquire For the Plaintiffs Thomas B. Sponaugle, Esquire For the Defendants : rlm TQ7 LG:)v 1x j I! 1 i 1 i%i ?j ?J1,?Itii ._.i { Y STEWART T. and KATHY CHRIST, Plaintiffs vs. FREERKSEN TRUCKING, INC and CLIFFORD DVANE AASVOLD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5184 CIVIL : JURY TRIAL DEMANDED IN RE: DEFENDANTS' PETITION FOR SANCTIONS ORDER AND NOW, this day of January, 2007, argument on the defendants' petition for sanctions set for January 18, 2007, is continued to Thursday, February 22, 2007, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COUR), Kevin A'. , Hess, J. avid M. Rapoport, Esquire For the Plaintiffs /homas B. Sponaugle, E: For the Defendants Am A p C -4 STEWART T. and KATHY IN THE COURT OF COMMON PLEAS OF CHRIST, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. NO. 04-5184 CIVIL FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants JURY TRIAL DEMANDED IN RE: DEFENDANTS' PETITION FOR SANCTIONS ORDER AND NOW, this 6"' day of February, 2007, argument on the defendants' petition for sanctions set for February 22, 2007, is continued to Thursday, March 29, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, vid M. Rapoport, Esquire For the Plaintiffs /homas B. Sponaugle, Esquire For the Defendants :rlm L0 :01 HV 9- 213J CGOZ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUN'T'Y Please list the following case: D for JURY trial at the next term of civil court. ? for trial without a jury. ---- - -- - -- - ------- - -- - ----- - - ------------------------------- - -------------- - - - ---------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Stewart T. and Kathy Christ, l]x Civil Action - Law ? Appeal from arbitration (other) VS. (Plaintiff) Freerksen Trucking, Inc. and Clifford Dvane Aasvold VS. (Defendant) The trial list will be called on 10/16/07 and Trials commence on 11/12/07 Pretrials will be held on 10/24/07 (Briefs are due S days before pretrials No. 04-5184 Indicate the attorney who will try case for the party who files this praecipe: Thomas B. Sponaugle, Esquire Term Indicate trial counsel for other parties if known: David M. Rapoport, Esquire This case is ready for trial. Date: -713110-7 Signed: Print Name: Thom.3s B. Sponaugle, Esquire Attorney for:Defendants I C') OVA ° p -13 GJ STEWART T. AND KATHY CHRIST, Plaintiffs v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FREERKSEN TRUCKING, INC., AND CLIFFORD DVANE AASVOLD, Defendants 04-5184 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 16th day of October, 2007, pursuant to an agreement of both counsel at the call of the civil trial list, this case is stricken from the trial list, and counsel are directed to relist it for trial at their convenience. avid M. Rapoport, Esquire Two Penn Center Plaza Suite 14 Philadelphia, PA 19102 For Plaintiffs Aomas B. Sponaugle, Esquire 110 South Nothern Way York, PA 17402-3737 For Defendants Court Administrator :mae By the Court, ?. 00 - 56 .z t r co _? t V N PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) STEWART T. and KATHY CHRIST, (Plaintiff) vs. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD (check one) []S Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 1/8/08 and Trials commence on 2/4/08 vs. (Defendant) Pretrials will be held on 1/16/08 (Briefs are due 5 days before pretrials No. 2004-5184 f Term Indicate the attorney who will try case for the party who files this praecipe: Thomas B. Sponaugle, Esquire, 110 S. Northern Way, York, PA 17402 Indicate trial counsel for other parties if known: David M. Rapoport, Esquire, 1410 Two Penn Center Plaza, Philadelphia, PA 19102 - *-? If This case is ready for trial. Signed: Print Name: Thomas By Sponaugle, Esquire Date: 11-08-07 Attorney for: Defendants Freerksen Trucking, Inc. and Clifford Dvane Aasvold R- ? br` (fit W TAP cp • 'v STEWART T. CHRIST and IN THE COURT OF COMMON PLEAS OF KATHY CHRIST, H/W CUMBERLAND COUNTY, PENNSYVANIA Plaintiffs V. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE ASSVOLD Defendants NO. 04-5184 CIVIL IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 16th day of January, 2008, after pre-trial conference in the above referenced case, IT IS HEREBY ORDERED AND DIRECTED: 1. Trial Counsel in this case shall be: David M. Rapoport, Esquire for Plaintiffs and Thomas Sponaugle, Esquire for Defendants. 2. Counsel have indicated that the trial will take approximately 2 days. 3. Each party will be granted 4 peremptory challenges. 4. Both parties have been directed to prepare an exhibit list pursuant to the example attached. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. 5. Counsel for each party is directed to file with the Court on or before 12:00 noon on January 25, 2008, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it will provide the full text of the proposed instruction to the Court. . 1 7. On or before 12:00 noon on January 25, 2008, each party will provide a proposed verdict slip to the Court for review. ? David M. Rapoport, Esquire Attorney for Plaintiffs Thomas B. Sponaugle, Esquire Attorney for Defendants Court Administrator d 11)C' C A,& By the Court, - lxt LL-:? ?/ M. L. Ebert, Jr., J. 1:.0 ES ma-t i4L bas \- < 1 +?f ?,? h.' 1 1 Y? ? 1 t, -' s? ,..,-? !V? '?I'` ?.: a -? ,?,- ? (L-? COMMONWEALTH OF PENNSYLVANIA V. ANTYANE ROBINSON . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96--1183 CRIMINAL CHARGE: (1) CRIMINAL HOMICIDE - MURDER OF THE FIRST DEGREE (2) CRIMINAL ATTEMPT TO MURDER (3) AGGRAVATED ASSAULT (4) CRIMES COMMITTED WITH FIREARMS (6) FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE AFFIANT: DETECTIVE RONALD EGOLF COMMONWEALTH'S EXHIBIT LIST EXHIBIT NUMBER DESCRIPTION 1 Photograph of injury to Tara Hodge's bead 2 Used envelope bearing handwriting of Tara Hodge 3 Photograph of the front of building at 117-119 West Louther Street 4 Exterior side view of Tara Hodge's apartment 5 Photograph of body of Rashawn Bass in shower 6 Closeup photograph of Rashawn Bass with bullet casing on shoulder 7 Diagram of Tara 'Hodge Is apartment 8 Plastic shower enclosure from Tara Hodge's apartment 9 Address book of Tara Hodge 10 Date book of Tara Hodge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. CHRIST & KATHY CHRIST, h/w CASE No. 04-5184 Plaintiffs, vs. CIVIL ACTION - LAW FREERKSEN TRUCKING, INC. and : CLIFFORD DVANE AASVOLD JURY TRIAL DEMANDED Defendants. PLAINTIFFS' MOTION FOR TRIAL CONTINUANCE And now, comes the Plaintiffs, Stewart T. Christ and Kathy Christ, h/w, by and through their undersigned counsel, David M. Rapoport, Esquire, with this Motion for Trial Continuance, averring as follows: 1. This matter is currently scheduled to commence trial on or about February 4, 2008. 2. Plaintiffs previously scheduled the trial video deposition of their medical expert to take place on January 31, 2008, as this was the only available date upon which the physician could conduct the deposition prior to the scheduled trial. 3. On January 25, 2008, Plaintiffs' counsel's father-in-law passed away. 4. Plaintiffs' counsel's father-in-law resides in South Carolina, and since there is no other family members able to take care of funeral and estate matters, Plaintiffs' counsel had to travel to South Carolina in order to arrange the funeral and make arrangements for estate administration, etc. 5. Plaintiffs' counsel will be needed in South Carolina during the week of January 28 through February 1, 2008, at the very least, in order to assist in making funeral and burial arrangements, attending the funeral, probate of the estate, collection of estate assets, notification to family members, etc. 6. Accordingly, the video trial deposition of Plaintiffs' medical expert, previously scheduled for January 31, 2008, had to be canceled, leaving the Plaintiffs without medical testimony for the scheduled trial. 7. Also, Plaintiffs' counsel is unable to conduct meaningful trial preparation for this scheduled trial to the family loss and obligations arising therefrom. f" .,,I 8. Accordingly, Plaintiffs' counsel respectfully requests a continuance of the scheduled trial to the next available listing so that the medical expert can be deposed, and Plaintiffs and their counsel can prepare for the trial in a reasonable and efficient manner. 9. Defendants' counsel is UNOPPOSED to this trial continuance request. WHEREFORE, Plaintiffs respectfully request that this Honorable Court GRANT the Plaintiffs' Motion for Trial Continuance. Furthermore, Plaintiffs request this Honorable Court to issue the attached proposed Order to re-list the within matter at the next available trial listing. Respectfully submitted, RAPOPORT LAW OFFICES BY: d" & / DAVID M. RAP ORT, ESQUIRE Supreme Court I.D. #57702 1410 Two Penn Center Plaza Philadelphia, PA 19102 (215) 963-9393 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. CHRIST & KATHY CHRIST, Ww vs. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD Plaintiffs, Defendants CASE No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, DAVID M. RAPOPORT, ESQUIRE, hereby certify that a true and correct copy of Plaintiffs' Motion For Trial Continuance was served upon the following: Thomas B. Sponaugle, Esquire LAW OFFICES OF GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 S. Northern Way York, PA 17402 Attorneys for Defendants Dated: 42, o a RAPOPORT LAW OFFICES BY: DAVID M. RAP ORT, ESQUIRE Supreme Court I.D. #57702 1410 Two Penn Center Plaza Philadelphia, PA 19102 (215) 963-9393 Attorney for Plaintiffs F w 11, nc!?v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL,V2iNL:4 STEWART T. CHRIST & KATHY CHRIST, h/w Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD Defendants. CASE No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this I 1 day of r t? 1J O,,v'?I , 2008, upon cons:iderati.on of the Plaintiffs' Motion for Trial Continuance, and Defendants' agreement to same, it is hereby ORDERED that Plaintiffs' Motion is GRANTED. ? v v \ O It is further ORDERED that the within matter be re-listed for trial at the next available trial listing. BY THE COURT, V%o, ??A - Vi 'N WTASI N d C I :Z Wd I - 833 OOOZ 3012'D-031H STEWART T. CHRIST and IN THE COURT OF COMMON PLEAS OF KATHY CHRIST, H/W : CUMBERLAND COUNTY, PENNSYVANIA Plaintiffs V. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE ASSVOLD Defendants NO. 04-5184 CIVIL IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 12th day of March, 2008, after pre-trial conference in the above referenced case, IT IS HEREBY ORDERED AND DIRECTED: 1. Trial Counsel in this case shall be: David M. Rapoport, Esquire for Plaintiffs and Thomas Sponaugle, Esquire for Defendants. 2. Counsel have indicated that the trial will take approximately 2 days. Given the fact that this case involves an accident which took place in 2002, Defense Counsel is adamant that the case should be tried and not continued. 3. Each party will be granted 4 peremptory challenges. Each attorney will be allowed to conduct their own voir dire. If voir dire questioning is expected to last more than 20 minutes, counsel are directed to advise the judge before trial in order to discuss the reasons for extended voir dire questioning. 4. Both parties have been directed to prepare an exhibit list pursuant to the example attached. Two copies of this exhibit list shall be provided to the Court prior to the commencement of trial. 5. Counsel for each party is directed to file with the Court on or before 12:00 noon on March 28, 2008, a list of the numbered standard jury instructions the party is requesting. If a party is proposing a unique jury instruction or requesting significant modification of a standard instruction, it will provide the full text of the proposed instruction to the Court. 7. On or before 12:00 noon on March 28, 2008, each party will provide a proposed verdict slip to the Court for review. avid M. Rapoport, Esquire Attorney for Plaintiffs ? omas B. Sponaugle, Esquire Attorney for Defendants Court Administrator -%As 311-A By the Court, * -\,' q_ V M. L. Ebert, Jr., J. bas 05:8 WV ?! 8vw8031 AdViG NI?'-?'IlOdd :'Hi JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO: PROTHONOTARY Please mark the docket in the above-captioned matter settled and satisfied. T By: David M. Rapoport, Esquire, Supreme Court I.D. # S77?j Attorney for Plaintiffs 1410 Two Penn Center Plaza Philadelphia, PA 19102 (_., i`?J ?? `.. ? ... - j'1 i V ? ?-Ta I... •• 7 v , ? e.'._' $?F.h' ?.?.J .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO OPEN DOCKET TO COMPEL PLAINTIFF TO PAY IME FEE AND SANCTIONS AND NOW, TO WIT, this day of olw? , 2008, come the Defendants, Freerksen Trucking, Inc. and Clifford Aasvold, by their counsel, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, and files the following Petition to Open Docket, as follows: 1. The above-captioned case was settled on March 25, 2008 following a Pre-Trial Conference with Judge Ebert of the Cumberland County Court of Common Pleas. 2. Plaintiffs executed a General Release, and the settlement draft was forwarded on April 16, 2008 to Plaintiffs' counsel. 3. Plaintiffs settled the docket on April 23, 2008. 4. Prior to the settlement on July 6, 2006, Judge Hess of the Cumberland County Court of Common Pleas issued an Order compelling Plaintiff to pay the fee of an independent medical expert due to Plaintiff failing to appear for the independent medical examination. 5. Plaintiffs' counsel and defense counsel ultimately came to an agreement that Plaintiff would pay $500 in lieu of the total figure of $1,525.00 as compensation for the missed independent medical examination. 6. To date, defense counsel has not received the $500 check and no excuse has been provided by Plaintiff for failing to do so. 7. There is absolutely no justification for Plaintiff continuing to fail to provide the $500 payment as agreed upon given that Plaintiff's personal injury settlement was well in excess of $500. 8. Given Plaintiff's continued failure to abide by his agreement, justice and fairness demands that the Plaintiff pay the entire fee of $1,525.00 in addition to sanctions of attorney's fees in the amount of $1,000.00 for preparation of this Motion and appearance for the Court. WHEREFORE, it is respectfully requested that this Honorable Court issue an Order opening the Judgment for the limited purpose of compelling Plaintiffs to pay to defense counsel $1,525.00, which includes the independent medical evaluation cancellation fee and previous sanctions, as well as additional sanctions of attorney's fees of $1,000.00. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CAZKINS By: THOMAS B. SPONE, ESQUIRE Supreme Court LD. 90"8 4 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE OR NON-CONCUR ENCE AND NOW, this /a-A day of 2008, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that Defendants' counsel has attempted to resolve this situation without a Petition but has received no indication from Plaintiffs' counsel as to whether Plaintiffs' counsel is opposing or not opposing the above Petition. By: GRIFFITH, STRI ,L 74AN, SOLYMOS & ?ER TN THOMAS B. 9PONAW Supreme Court I.D. # 45 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this lad day of , 2008, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Petition to Open Docket to Compel Plaintiff to Pay IME Fee and Sanctions by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS &II6ALKINg THOMAS B.`SPO]?N?JGLE, ESQUIRE Supreme Court I. 4584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 r11 [`z? '73 'C FZ3 it j:J v STEWART T. CHRIST and IN THE COURT OF COMMON PLEAS OF KATHY CHRIST, H/W CUMBERLAND COUNTY, PENNSYVANIA Plaintiffs V. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE ASSVOLD Defendants NO. 04-5184 CIVIL IN RE: DEFENDANTS' PETITION TO COMPEL PLAINTIFF TO PAY IME FEE AND SANCTIONS ORDER OF COURT AND NOW, this 23d day of June, 2008, upon consideration of the Petition to Compel Plaintiff to pay IME Fee and Sanctions filed by the Defendants, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiffs to show cause why the relief requested should not be granted; 2. The Plaintiffs will file an answer on or before July 14, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendants shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiffs file an answer to this Rule to Show Cause, the Court will determine if a hearing, status conference or further Order of Court is required. By the Court, M. L. Ebert, Jr., J. v'l N5 ?bavid M. Rapoport, Esquire Attorney for Plaintiffs ./Thomas B. Sponaugle, Esquire Attorney for Defendants bas 0-1 if.B m?Lfc(? ?/za?oa s +. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly withdraw the Petition to Open Docket to Compel Plaintiff to Pay IME Fee and Sanctions in the above-captioned matter. By: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CAZkINS, / THOMAS g. SPOMWGLE, ESQUIRE Supreme Court I.D. #64584 Attorney for Defendants 110 South Northern Way York, PA 17402 (717) 757-7602 f . -b. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEWART T. AND KATHY CHRIST, Plaintiffs, . VS. FREERKSEN TRUCKING, INC. and CLIFFORD DVANE AASVOLD, Defendants. . Case No. 04-5184 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this dA day of , 2008, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Praecipe to Withdraw Petition to Open Docket to Compel Plaintiff to Pay IME Fee and Sanctions by United States Mail, addressed to the party or attorney of record as follows: David M. Rapoport, Esquire Law Offices of David M. Rapoport 1410 Two Penn Center Plaza Philadelphia, PA 19102 GRIFFITH, S CKLER, LERMAN, SOLYMOSM C'A,XYXNS By: w - THOM S B. AUGLE, ESQUIRE Supreme Co#64584 Attorney for of dants 110 South Northern Way York, PA 17402 (717) 757-7602 tr N t7 ? ;