Loading...
HomeMy WebLinkAbout12-5945 1i~ E~ Eu,: ,, ., l ~1'.E~E ~~` L`J~ll9A LAW OFFICES OF SAMUEL FISHMAN, P.C. Carl J. D'Adamo, Esquire Attorney ID No. ?03078 1.1450 Bustleton Avenue Philadelphia, PA 191.16 (215) 464-4600 SAMSON SOHAIL 1206 Hellerman Street Philadelphia, PA 19111 Plaintiff v. MICHAEL GARTSIDE 19 Belinda Avenue Baltimore, MD 21206 and ATLANTIC CONSTRUCTION FABRICS 919 S. Heald Street Wilmington, DE 19801 Defendants THIS IS AN ARBITRATION MATTER AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY MAJORnR JURY TRIA . No.: ~ o~ - SQ~s ~ ~L~ CIVIL ACTION COMPLAINT 2 V -MOTOR VEHICLE ACCIDENT NOTICE ,..,~~i~~~.,sr~ ~ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment. may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT ~M ~ ~ ~~~ ~~~~~ HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 ADVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, a la court tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted ouede perder dinero o sus propiedades u otros derechos importantes Para usted. LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LAS OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, Pennsylvania Telephone: 7l 7-249-3166 LAW OFFICES OF SAMUEL FISHMAN, P.C. Carl J. D'Adamo, Esquire Attorney Identification No. 203078 11450 Bustleton Avenue Philadelphia, Pennsylvania 19116 (215) 464-4600 SAMSON SOHAIL 1206 Hellerman Street Philadelphia, PA 19111 Plaintiff v. MICHAEL GARTSIDE 19 Belinda Avenue Baltimore, MD 21206 and ATLANTIC CONSTRUCTION FABRICS 919 S. Heald Street Wilmington, DE 19801 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY MAJOR JURY TRIAL . No.. COMPLAINT IN CIVIL ACTION 2V- MOTOR VEHICLE ACCIDENT 1. Plaintiff, Samson Sohail, is an adult individual residing at 1206 Hellerman Street, Philadelphia, PA 19111. 2. Defendant, Michael Gartside, is an adult individual residing at 19 Belinda Avenue, Baltimore, MD 21206. 3. Defendant, Atlantic Construction Fabrics, is a business, company, entity, partnership, franchise, fictitious name, educational institution, school, proprietorship or corporation existing and/or qualifying and/or authorized to conduct business under the laws of the Commonwealth of Pennsylvania, with a registered office for the acceptance of service of process or a principal place of business located at 919 S. Heald Street, Wilmington, DE 19801. 4. On or about April 14, 2011, at approximately 4:30 p.m. Plaintiff, Samson Sohail, was the operator of a certain 2007 International Harvester and was traveling eastbound on the Pennsylvania Turnpike, at or near MP 237.6, in Lower Allen Township, PA. 5. On or about April 14, 2011, at approximately 4:30 p.m. Defendant, Michael Gartside, was the operator of a certain 2005 International Harvester, which was owned by Defendant, Atlantic Construction Fabrics, and was traveling eastbound on the Pennsylvania Turnpike, at or near MP 237.6, in Lower Allen Township, PA. 6. On the date and time and at the location aforesaid, defendant, Michael Gartside, suddenly and without warning, improperly and unlawfully struck the vehicle containing plaintiff from the rear of the car, thereby causing a violent collision. 7. The aforementioned collision resulted solely from the carelessness and negligence of defendants herein and was due in no manner whatsoever to any act or failure to act on the part of the plaintiff herein. 8. As a result of the aforementioned collision plaintiff suffered serious and significant injuries and damages as are hereinafter more fully described. 9. The carelessness and negligence of defendants herein consisted of the following: (a) Operating the said motor vehicle at high and excessive rate of speed under the circumstances; (b) Failing to have the said motor vehicle under proper and adequate control at the time of the aforesaid accident; (c) Failing to observe the point and position of other vehicles on the roadway; (d) Failing to give proper and sufficient warning of the approach of the said vehicle; (e) Operating the said vehicle without due regard for the rights, safety and position of the said plaintiff at the point aforesaid; (f) Violating the various ordinances municipality of Philadelphia, County of Philadelphia and the Statutes of the Commonwealth of Pennsylvania, governing the operation of motor vehicles on the streets and highways with respect to motor vehicles yielding the right of way on thoroughfare highways; (g) Failing to yield the right of way at the point aforesaid; (h) Failing to maintain an assured clear distance from the vehicles involved in the collision; (i) Operating said motor vehicles in disregard of the rights and safety of the plaintiff; (j) Failing to keep a proper lookout; (k) Failing to have vehicle under proper control; (1) Marking an improper lane change; (m) Making a lane change without clearance; (n) Failing to stop vehicle before a collision occurred; and (o) Failing to exercise due care and caution under all of the circumstances. COUNTI SAMSON SOHAIL v. MICHAEL GARTSIDE 10. Plaintiff, Samson Sohail, incorporates paragraphs one (1) through nine (9) as though the same were fully set forth herein at length. 11. By reason of the aforesaid, plaintiff, Samson Sohail, was rendered sick, sore and lame and suffered injuries which include but are not limited to the following: annular tear at L4- 5; annular tear at LS-S 1; disc herniation at L4-5; disc herniation at LS-S 1; medial meniscus tear; L4 radiculopathy; knee injury; cervical sprain and strain; lumbar sprain and strain; thoracic sprain and strain; shoulder sprain and strain; back pain; neck pain; chest pain; rib pain; rib sprain and strain; sacroiliac sprain and strain; radiculitis; and other injuries as well as severe shock to his nerves and nervous system as a result whereof, he has suffered and will in the future continue to suffer great pain and agony as he has been, and probably will in the future be hindered and prevented from attending to his usual and customary wants, toils, labors, duties and occupations thereby foregoing the pleasures and emoluments attendant thereto, due to his great damage and loss. 12. As a further result of the aforesaid, plaintiff, Samson Sohail, has been and may be obligated to receive and undergo medical attention and care and incur substantial expenses described in an effort to cure himself of his said injuries and will or may be obligated to expend such sums or incur such expenditures for an indefinite time in the future. 13. Some or all of the aforesaid injuries may also be the result of an aggravation of a previously existing condition. 14. As a direct and reasonable result of the collision aforementioned, plaintiff has or may hereinafter incur other financial expenses and loss, including but not limited to, wage loss, property damage, medical expenses, and diminished earning capacity, which do or may exceed amounts he may otherwise be entitled to recover. 15. Plaintiff was bound by the full tort alternative of 75 Pa. C.S. §1705(c) at the time WHEREFORE, plaintiff, Samson Sohail, demands judgment against defendant, Michael Gartside, in an amount in excess of the sum of Fifty Thousand Dollars ($50,000.00) plus interest and costs. COUNT II SAMSON SOHAIL v. ATLANTIC CONSTRUCTION FABRICS 16. Plaintiff incorporates paragraphs one (1) through fifteen (15) as though the same were fully set forth herein at length. 17. The negligence and/or carelessness of the Defendant, Atlantic Construction Fabrics, consisted of the following: (a) Negligently entrusting the aforesaid vehicle to Defendant, Michael Gartside; (b) Failing to properly and adequately supervise and/or train its agent, servant, workman, driver and/or employee, in particular, the Defendant, Michael Gartside; (c) Failing to properly supervise the operation and control of said motor vehicle; and (d) Failing to properly and adequately maintain said motor vehicle 18. The negligence and/or carelessness of defendant, Michael Gartside, the agent, servant, workman, driver and/or employee of Defendant, Atlantic Construction Fabrics, occurred within the course and scope of his employment, permissive use and/or agency with the Defendant, Atlantic Construction Fabrics, and is imputed to Defendant, Atlantic Construction • • VE~tIk'ICATI(?N I, ~ ,hereby verify that I anz the Plaintiff herein, and that the facts set forth in the foregoing pleadings are true and correct to the best of my knowledge, information, and belief . I make this statement pursuant to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. ;-~ ~ ~rr f LAW OFFICES OF MASON &EISEMAN BY: Jeffrey M. Pollock, Esquire I . D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 ~ffrey.~aollock~a~thehartford.com SAMSON SOHAIL Plaintiff o c~ ~= ~{ _ .. A~ ~ y.'.l"p•.~ ~ V N ~' ij'4 ,•~1 ~.:~~_, Attorne for Defendants `~~ ;~~=a, ~ ~ ~-~t Y • ~.p~ .y, ~L.. .. -< -~- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. MICHAEL GARTSIDE and ATLANTIC CONSTRUCTION FABRICS Defendants JURY TRIAL DEMANDED NO. 12-5945 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendants, Michael Gartside and Atlantic Construction Fabrics in the above matter. LAW OFFICES OF MASON & EISEMAN ry /' ~ ~ JCffrey4~Polloc~ Attorney for Defendant Date: LAW OFFICES OF MASON &EISEMAN BY: Jeffrey M. Pollock, Esquire 1. D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 ~effrey. pollock~c~thehartford. com SAMSON SOHAIL Plaintiff _, _, _ Attorney for Defendant sv ==~.~ n., c'~ , fti:, ~~ ~ ~~~ ~~ ,..:.. .a #" =; ; COURT OF COMMON PCtAS~ - OF CUMBERLAND COl1NTY vs. MICHAEL GARTSIDE and ATLANTIC CONSTRUCTION FABRICS Defendants JURY TRIAL DEMANDED NO, 12-5945 CIVIL PRAECIPE TO PERFECT JURY TRIAL TO THE PROTHONOTARY: Kindly Pertect a Jury Trial in the above captioned matter. LAW OFFICES OF MASON &EISEMAN -~ ~ ~' ~~ ffrey . Po k Attorney for D endants LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 teffre~pollock(c~thehartford.com SAMSON SOHAIL Plaintiff vs. T'O: PLAINTIFF You are hereby notified To plead to the enclosed Within twenty (20) days From service hereof or A Default Judgment may Be entered against you. J~ M. Pd!Cak ~ . o , : «-ti #. "~ rv ~'.~ F,~ ~~`a Attorney for Defendants N ~- -.,~ .~, ,~ ~;~~ -v f~rv ~ ._., _~ ca .~- j ` :~ COURT OF COMMON FLEAS OF CUMBEI~LAND COUNTY MICHAEL GARTSIDE JURY TRIAL DEMANDED and NO. 12-594~i CIVIL ATLANTIC CONSTRUCTION FABRICS Defendants DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT TOGETHER WITH NEW MATTER 1. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same. are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 2 Admitted. 3 Admitted. 4. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. -The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 5 Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 6. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to tree truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 7. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same: are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 8. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are' therefore denied. 9. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. COUNTI 10. Answering defendants, hereby incorporates paragraphs 1 through 1 C- above as though same were fully set forth herein. 11. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 12. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. -The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 13. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 14. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore dlenied. 5. Denied. After reasonable investigation, answering defendants lack: information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering defendants request judgment bE; entered in their favor and against plaintiff together with any other relief the Court deems appropriate. COUNT II 16. Answering defendant, Peter Ertola, hereby incorporates paragraphs 1 through 15 above as though same were fully set forth herein. 17. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 18. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering defendants request judgment be entered in their favor and against plaintiff together with any other relief the Court deems appropriate. NEW MATTER DIRECTED TO PLAINTIFF 19. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 20. Plaintiff has failed to mitigate his damages. 21. If plaintiff sustained the injuries and damages as alleged in his Complaint, then same were caused by other entities or parties over which answering defendant had no control. 22. Plaintiff's claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 23. Plaintiff voluntarily adopted a dangerous and hazardous method or manner of performing the actions that he was then undertaking when there was available to him a safe method and he thereby assumed the risk of injury in performing his actions. 24. Plaintiff's claims are barred, or must be reduced, as a result of plaintiff's own negligence, which was the proximate cause of the incident described in plaintiff's Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7'102. 25. Plaintiff's claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 26. Plaintiff's claims are barred and/or limited by the Pennsylvania Motor Vehicle No-Fault Insurance Act. 27. This Court lacks jurisdiction over the subject matter of the within action. 28. If plaintiff sustained the injuries and damages as alleged in his Complaint, then same were not proximately caused by any action or failure tc~ act on behalf of answering defendant. 29. Answering defendant avers that plaintiff's cause of action is barred or limited by the Sudden Emergency Doctrine. WHEREFORE, answering defendants request judgment bf: entered in their favor and against plaintiff together with any other relief the Court deems appropriate. LAW OFFICES OFMASON & EISEMAN ~"~ Je e " . P oc Attorney for Answering Defendants VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney for answering defendants in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing ANSWER. TOGETHER WITH NEW MATTER and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 1f3 PA. C.S. Section 4904 relating to unsworn falsification to authorities. ;) /. Jeffrey M. ollock DATE: /C~' ~ l i~~ L ' ~i ~~ v. ~. . ;'`, ~ .. .. LAW OFFI(:'ES OF SAMUEL FISHMAN, P.C. ,~ ; ;, 1L ~~'~ ~._~. - Carl J. D' Adarno, Esquire ~ . ' ~`b` ~•` °~ _ ! Attorney ID ]vo. 203078 "" 11450 Bustleton Avenue Philadelphia, P.A 19116 (215) 464-4600 Attorney for Plaintiff SAMSON SOHAIL ]Plaintiff v. MICHAEL ~GARTSIDE and ATLANTIC CONSTRUCTION FABRICS Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-5945 CIVIL ANSWER TO NEW MATTER OF DEFENDANTS Plaintiffs, Samson Sohail, by and through his undersigned counsel responds to New Matter of Defendants and answer as follows: 19.-29. DENIED. The averments contained in corresponding paragraphs nineteen (19) through twenty-nine (29) of Defendants' New Matter are mere conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that an answer is required, Plaintiff denies each and every averment contained in corresponding paragraphs nineteen (19) through twenty-nine (29) of Defendants' New Matter and demand strict proof of same at time of trial. WHEREFORE, Plaintiffs, Samson. Sohail, demand that Defendants" New Matter be stricken of record and demand that judgment be entered in their favor. LAW OFF Dated: ~~ `'~ ~ Sf 2'`' 1 ~ BY: `,. ES~F' SAMUEL FISHMAN, P.C. D' A`~lau~e-E s~1 ui re for Plaintiff VERIFICATION I, Carl ~. D'Adamo, Esquire, hereby state that X am the Attorney for Plaintiff in this action and verify that the statements set forth in the foregoing Plaintiff's Answer To New Matter of Defendants are true and correct to the best of my knov~ledge, information and belief. 1'he undersigned understands that the statements therein made are subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsifications to authorities. r ~. 0 Dated: f ~ J ~~ ~ ~~ 1 l~_. ~- F-- C~L,d. D'ADAMO, ESQUIRE A ey for Plaintiff CERTIFICATE OF SERVICE I, C~~RL J. D'ADAMO, ESQUIRE, hereby certify that a true and correct copy of Plaintiffs Response to New Matter of Defendants was hereby served on this date through electronic. mail', using the E-filing system or by first class mail, postage prepaid. upon the following: Jeffrey M. Pollock, Esq. Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 Dated: ~ ~ -Z ~ ~' ~ Z- --rt----~---~ I r LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 j effrey.pollockgthehartford..com SAMSON SOHAIL Plaintiff r+ M 6..,..` Attorney for Defendants ; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. MICHAEL GARTSIDE JURY TRIAL DEMANDED and NO. 12-5945 CIVIL ATLANTIC CONSTRUCTION FABRICS Defendants MOTION TO COMPEL DISCOVERY AGAINST PLAINTIFF, SAMSON SOHAIL Moving Defendant hereby files this Motion against Plaintiff, Samson Sohail and asserts the following: 1. On or about November 21, 2012, the moving Defendant served on Plaintiff, Samson Sohail, a set of Interrogatories and Request for Production of Documents. A copy of the cover letter, Interrogatories and Request for Production of Documents are attached hereto and marked Exhibit "A". 2. No Answers or objections to said Interrogatories and Request for Production of Documents were filed within the required thirty (30) day time period, and no request for an extension of time was request by Counsel. 3. On or about December 28, 2012, moving Defendant informed counsel for Plaintiff, by way of faxed correspondence, that his responses to these documents were past due and was given an additional ten (10) business days to serve Plaintiff's Answers to Interrogatories and Request for Production of Documents. A copy of the faxed correspondence is attached hereto and marked as Exhibit B. T . f' 4. Plaintiff did not submit any responses to the Interrogatories and/or Request for Production of Documents by the January 15, 2013 deadline. 5. Plaintiff continues to ignore Moving Defendant's attempts to obtain his Answers to Interrogatories and Request for Production of Documents. 6. The moving Defendant needs the Answers to Interrogatories and Response to Request for Production of Documents to prepare for trial and will be prejudiced without them. WHEREFORE, the moving Defendant request this Honorable Court to Order Plaintiffs to produce the requested items within time limits as outlined in the proposed Order or suffer sanctions upon application to the Court by the moving Defendants. LAW OFFICES OF JREY H. EISEMAN Dated: I BY: I Pollock, Esquire for Defendants VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney for Defendants, Michael Gartside and Atlantic Construction Fabrics in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing Motion To Compel and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: `? LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 ieffrey.pollock(i,thehartford.com SAMSON SOHAIL Plaintiff vs. MICHAEL GARTSIDE Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY and ATLANTIC CONSTRUCTION FABRICS Defendants JURY TRIAL DEMANDED NO. 12-5945 CIVIL MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL DISCOVERY AGAINST PLAINTIFF STATEMENT OF FACTS This matter comes before this Honorable Court by initial filing of the Plaintiff. Defendant served Plaintiff with Interrogatories and Request for Production of Documents on or about November 21, 2012. Plaintiff did not respond to these discovery documents within the Court-mandated timeframe. As a result, on or about December 28, 2012, Defendant served Plaintiff with correspondence requesting that these discovery responses be submitted within ten (10) business days giving Plaintiff until January 15, 2013 to respond to the Interrogatories and Request for Production of Documents. To date, Plaintiff has not submitted any responses to Interrogatories and/or Request for Production of Documents in this matter. Defendant has filed the attached Motion based upon the actions of the Plaintiff relating to the litigation of this matter. STATEMENT OF QUESTION Should Plaintiff be compelled to submit answers to Defendant's Interrogatories and Request for Production of Documents? Answer: YES ARGUMENT The Pennsylvania Rules of Civil Procedure is clear in its procedures regarding the exchange of discovery between the parties. As it relates to Interrogatories, Pa. R.C.P. 4005 (a) states the following: Rule 4005. Written Interrogatories to a Party. (a) Subject to the limitations provided by Rule 4011, any party may serve upon any other party written interrogatories to be answered by the parry served or, if the party served is a public or private corporation or similar entity or a partnership or association, by any officer or agent, who shall furnish such information as is available to the parry. Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter. Interrogatories which are to be served prior to service of the complaint shall be limited to the purpose of preparing a complaint and shall contain a brief statement of the nature of the cause of action. Interrogatories shall be prepared in such fashion that sufficient space is provided immediately after each interrogatory or subsection thereof for insertion of the answer or objection. Furthermore, the parties are to proceed in accordance with Pa. R.C.P. 4009.11, regarding Request for Production of Documents: Rule 4009.11. Request Upon a Party for Production of Documents and Things. (a) The request may be served without leave of court upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. (b) The request shall set forth in numbered paragraphs the items to be produced either by individual item or by category, and describe each item or category with reasonable particularity. Each paragraph shall seek only a single item or a single category of items. The request shall be prepared in such fashion that sufficient space is provided immediately after each paragraph for insertion of the answer. Upon service of Interrogatories and Request for Production, each party has 30 days after service of these documents to respond. See Pa.R.C.P. 4006(a)(2) and Pa.R.C.P. 4009.12(a). In the instant matter, Plaintiff was served with Interrogatories and Request for Production of Documents on November 21, 2012 giving Plaintiff until December 22, 2013 to respond to these documents. When these responses were not received by the Defendant, a letter dated December 28, 2012 was sent to Plaintiff's counsel informing him of Plaintiff's outstanding discovery response and gave Plaintiff ten (10) business additional days to respond to the Interrogatories and Request for Production of Documents. Plaintiff had until January 15, 2013 to provide the Defendant with her Answers to Interrogatories and Request for Production of Documents. As of the date of this filing, Plaintiff has not served her Answers to Interrogatories and/or Request for Production of Documents nor did Plaintiff s counsel communication with Defense counsel to inform him of any difficulties with the response of these documents or their inability to locate the Plaintiff. Plaintiff's disregard for Defendant's discovery requests has proven to be a hindrance in the defense of this matter. As a result, Defendant has asked for this Honorable Court's intervention to resolve this issue. LAW OFFICES OF J H. EISEMAN Dated: „ BY: Jeffrey M olio squire Attorney for Defendants LAW OFFICES OF MASON & EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 j effrey.poll ockkthehartford,corn SAMSON SOHAIL Plaintiff Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. MICHAEL GARTSIDE and : ATLANTIC CONSTRUCTION FABRICS Defendants JURY TRIAL DEMANDED NO. 12-5945 CIVIL CERTIFICATE OF SERVICE I, Jeffrey M. Pollock, Esquire, do hereby certify that a copy of this Motion to Compel against Plaintiff, Samson Sohail was served upon the attorneys of record listed below by way of United States Postal Service, first-class, postage pre-paid: Carl J. D'Adamo, Esq. 11450 Bustleton Avenue Philadelphia, PA 19116 FFICES OFASON & EISEMAN Date.- _4 - (' 1J.e#r?y ?(d!Polloc(c, Esquire : EXHIBIT "A" . f _ Law Offices of Mason and Eiseman* Employees of a Subsidiary of The Hartford Financial Services Croup, Inc. * Not a Partnership or Professional Corporation 1515 Market Street, Suite 1802, Philadelphia, PA 19102 OFFICE: Telephone (215) 564-3042 Facsimile (877 369-5790 Carl J. D'Adamo, Esq. 11450 Bustleton Avenue Philadelphia, PA 19116 Jeffrey M. Pollock, Esquire Admitted in Pennsylvania Direct Dial: (2I5) 446-7686 Email Address: Jeffrey.Pollock@thehartford.com November 21, 2012 RE: Sohail, Samson v. Michael Gartside and Atlantic Construction Fabrics Dear Mr. D'Adamo: Enclosed please find a copy of Defendants' Interrogatories and Requests for Production of Documents directed to Plaintiff in relation to this matter. Please have your client respond to these documents in accordance with the Pennsylvania Rules of Civil Procedure. Thank you for your anticipated cooperation regarding these documents. Should you have any questions or concerns regarding these documents, please feel free to contact this office. ery truly yours, rica M. Cham ers Paralegal to Jeffrey M. Pollock, Esquire /EMC Enclosure LAW OFFICES OF MASON & EISEMAN Jeffrey M. Pollock, Esquire Attorney for Defendants Attorney I.D. No.: 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 SAMSON SOHAIL V. MICHAEL GARTSIDE and ATLANTIC CONSTRUCTION FABRICS COURT OF COMMON PLEAS Cumberland County 12-5945 Civil Defendants' Interrogatories Addressed to Plaintiff Motor Vehicle Liability Cases Defendants hereby make demand that the Plaintiff answer the following Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure 4001 et seq. These Interrogatories must be answered as provided in Pa. R.C.P. 4006 and the Answers must be served on all other parties within thirty (30) days after the Interrogatories are deemed served. These Interrogatories are deemed to be continuing as to require the filing of Supplemental Answers promptly in the event Plaintiff or their representatives (including counsel) learn additional facts not set forth in its original Answers or discover that information provided in the Answers is erroneous. Such Supplemental Answers may be filed from time to time, but not later than 30 days after such further information is received, pursuant to Pa. R.C.P. 4007.4. These Interrogatories are addressed to you as a party to this action; your answers shall be based upon information known to you or in the possession, custody or control of you, your attorney or other representative acting on your behalf whether in preparation for litigation or otherwise. These Interrogatories must be answered completely and specifically by you in writing and must be verified. The fart that investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to answer each interrogatory as completely as possible. The omission of any name, fact, or other item of information from the Answers shall be deemed a representation that such name, fact, or other item was not known to Plaintiff(s), their counsel, or other representatives at the time of service of the answers. If another motor vehicle was not involved in the alleged accident, then interpret any questions to include a non-motor vehicle (i.e. pedestrian, bicycle, etc.). State: (a) Your full name (maiden name, if applicable), alias(es), date of birth, marital status (name of spouse) at the time the cause of action and currently, residence and business addresses at the time the cause of action arose and currently and Social Security Number. (b) Identify all other persons residing at your address at the time of the alleged accident; (c) Identify all persons, by name and address, who had motor vehicles registered to the address you resided at, at the time of the alleged accident. 2. Identify, by name and address, at the time of the alleged accident and currently, the driver and owner of your motor vehicle involved in the alleged accident, and state: (a) The date of issuance and each Commonwealth or State in which the driver has been licensed to operator a motor vehicle; (b) Any and all restrictions on any of the aforementioned driver's license(s). If corrective lenses were required, state whether or not you (or they) were wearing them at the time of the alleged accident; (c) Whether any such license(s) have ever been suspended or revoked, and, if so, when, where, by whom and the reason(s) therefore; (d) The nature, extent and duration of any physical and/or mental defects you suffered from at the time of and prior to the alleged accident. 3. Identify all Commonwealths or States in which you were the registered owner of a motor vehicle on the date of the alleged accident. Identify the financial responsibility upon such motor vehicles, as defined by 75 Pa. C.S. Section 1702. 4. State in detail the manner in which the alleged accident occurred, specifying the speed, position, direction and location of each motor vehicle involved, just before, at the time of, and immediately after the alleged accident. 5. Describe the lighting conditions, weather conditions and the condition of the road(s) surface(s) existing at the time and place of the alleged accident. r 6. Describe the streets or other byways involved in the alleged accident;, as follows: (a) In terms of traffic lanes (i.e. parking, travel, turn-only lanes), the width of the streets or other byways; (b) Type of road surface (i.e. concrete, black top, dirt, gravel, etc..); (c) Roadway surface condition(s) (i.e. dry, wet, muddy, etc.); (d) Any defects in the roadway which you believe contributed to the happening of the alleged accident. 7. State: (a) In which lane the respective motor vehicles were traveling before the alleged accident and in which lane the alleged accident occurred; (b) When you first observed the other motor vehicle involved in the alleged accident, stating the distance at that moment from the ultimate point of contact and the respective speeds of the motor vehicles at that time; (c) The speed of your vehicle; (1) At 100 feet from the point of contact; (2) At 50 feet from the point of contact; (3) At point the of contact. (d) Whether your (or your operator's) view was clear, or what obstruction, if any, existed at the time of the alleged accident; (e) What you (or your operator) did in an attempt to avoid the alleged accident; (f j The exact point of contact of the motor vehicles, in terms of distance from the various curb lines or other significant landmarks and their final resting positions; (g) Whether the responding and/or investigating police officers cited any of the drivers involved in the alleged accident for a violation(s) of any statute, law, ordinance or regulation and if so, describe. 8. Describe any and all damage to the motor vehicle in which you were an occupant or driver as a direct result of the alleged accident. 9. Identify the person and/or company who repaired and/or evaluated your motor vehicle to prepare a repair estimate. 10. If the motor vehicle you were the owner and/or driver or occupant of has been sold since the time of the accident, state the date of the sale, identify by name and address the person who purchased the motor vehicle and the sale price of the motor vehicle. 11. 12. State your address of departure and intended destination during your route of travel at the time of the alleged accident. State the name, home and business address of the following: (a) Those who actually witnessed the alleged accident; (b) Those who were present at or near the scene at the time of the alleged accident; (c) Those who have any knowledge or information as to any facts pertaining to the circumstances and manner of the happening of the alleged accident or the nature of the injuries sustained in the alleged accident. 13. List by company name, claim address and policy number(s) all policies of motor vehicle and/or health/medical insurance (including HMOs and health and welfare funds) providing coverage to you on the date of the accident for any portion of your injuries/damages which you contend are related to the accident. Provide copies of the "declaration sheets" of all such policies in your possession, custody and/or control. With respect to any motor vehicle policy issued in the Commonwealth of Pennsylvania, indicate your Tort Option selection (i.e. "Full Tort" or "Limited Tort"). 14. State all economic as well as non-economic damages and/or loses you believe you sustained as a direct result of the alleged accident. Describe in detail all injuries you sustained, including their nature, extent and duration. 15. State: (a) The identity, by name and address, of each hospital or university medical center where you were examined and/or treated and whether you were admitted; (b) The identity of any person(s) who examined, evaluated or treated you, noting their name, address and specialty; (c) The identity, by name and address of any diagnostic test center that provided services and what test were performed; (d) The date(s) of all examination(s), evaluation(s), treatment(s) and/or confinement(s) by healthcare professionals and their corresponding charges. (e) Identify any healthcare professional(s) you are currently consulting and/or treating with for any of the injuries and/or damages you sustained as a direct result of the alleged accident and what symptoms you still allegedly suffer from. 16. If you contend that the alleged accident aggravated a pre-existing condition(s), state: (a) The nature and extent of such pre-existing condition; e u (b) `lhe date upon which you believe you recovered from symptomatology of the pre-existing condition(s), prior to the accident date; (c) The name and address of the healthcare professional(s) who treated you for the pre- existing condition(s); and (d) The date of and circumstances causing you to incur the pre-existing condition(s). 1.7. If you have fully recovered from the injuries you allege to have sustained in the present accident, state the approximate date you recovered. If you have not fully recovered from your injuries, then describe any pain, ailment, complaint, injury or disability that you allege you still suffer from as a direct result of the alleged accident. 18. State whether you sustained any injuries or suffered from any disease, deformity, or impairment, prior to or subsequent to the accident herein, which in any way affected those parts of your body claimed to have been injured as a direct result of the instant accident. If so, state: (a) The nature and extent of any such injury, disease, deformity or impairment; (b) The date of the occurrence or diagnosis of such injury, disease, deformity or impairment; (c) The names and address(es) of the healthcare professional(s) you have consulted with and/or treated with and the corresponding dates thereof, for such injury, disease, deformity or impairment. 19. If you are currently employed, were employed at the time of the alleged accident and/or employed for five (5) years before the accident date, state as to each time period: (a) By whom-, (b) Your stated title or position and accompanying duties and responsibilities; , 4 i A. (c) The length of your employment; (d) Number of hours worked per week and/or number of days worked per week; (e) Hourly wage and/or salary as well as supplemental wages (i.e. bonuses, overtime, etc.). 20. State the dates you have been absent from work since the date of the alleged accident for reasons relating to the injuries, damages and/or losses you sustained in the accident. If you have returned to your employment, state the date you returned and whether there had been any change in your stated title or position, accompanying duties and/or responsibilities and/or your wage, salary or supplemental wages and identify by name and address the employment you returned to. 21. Describe in detail any future lost wage claim and/or impairment of earning capacity and/or power you believe you will have as a direct result of the alleged accident and the basis thereof. 22. If you have ever been involved in any prior litigation as a party or witness, describe the nature of the lawsuit, the Commonwealth or State, County, court term and number of the lawsuit, as well as the outcome of the lawsuit, if you were a party thereto. 23, If you allege that the Defendant(s) violated any Statute, law, ordinance or regulation which contributed to the happening of the alleged accident, cite the Title and Section of said law and describe the basis for such allegation. 24. If you have engaged, or expect to engage, healthcare professionals and/or other expert witnesses (i.e. accident reconstructionists), whom you intend to have testify or whose report you intend to submit at trial on your behalf on any matter pertaining to this action, state: (a) The name of the expert; (b) The expert's professional address; (c) The expert's occupation; I ' 0 A d) The expert's specialty; (e) The expert's qualifications (i.e. Curriculum Vitae); (f) The topic or subject matter upon which the expert is expected to testify; (g) The substance of the facts to which the expert is expected to testify; (h) The substance of the opinion to which the expert is expected to testify; (i) A summary of the grounds or foundation for each opinion the expert is expected to testify, 25. State whether you have been convicted of any crime(s) in the past ten (10) years, and if so, state the nature of such conviction. DATED: 111, 1112 LAW OFFICES OF MASON & EISEMAN LAW OFFICES OF MASON & EISEMAN Jeffrey M. Pollock, Esquire Attorney I.D. No.: 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 446-7686 Attorney for Defendants SAMSON SOHAIL V. MICHAEL GARTSIDE and ATLANTIC CONSTRUCTION FABRICS COURT OF COMMON PLEAS Cumberland County 12-5945 Civil Defendants' Request for Production of Documents Directed to Plaintiff You are requested to produce, in accordance with Pennsylvania Rule of Civil Procedure 4009, the originals or clear, readable copies of the below listed documents and/or items unless protected by the attorney-client privilege or the work-product doctrine. These documents and/or items will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced, videotapes and audiotapes shall be viewed and/or heard and a copy made. The below listed documents and/or items are to be produced at Defendant's counsel's office on or before thirty (30) days from the date of service herein. Such request is continuing up to and at the time of trial. DEFINITIONS A. "You" or "your" refers to Plaintiff(s) herein and to all other persons acting or purporting to act on behalf of Plaintiff(s), including agents and employees. B. "Communications" shall mean all inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, letters, correspondence, notes, telegrams, telexes, advertisements, facsimiles, e-mail, or other forms of verbal and/or communicative intercourse. C. "Documents" shall mean all written or graphic matter of every kind or description, however, produced or reproduced, whether draft or final, original or reproduction signed or unsigned, and regardless of whether approved, signed, sent, received, redrafted, or executed, including but not limited to: written communications, letters, correspondence, facsimiles, e-mail, memoranda, minutes, notes, films, recordings, of any type, transcripts, contracts, agreements, purchase or sales orders, memoranda of telephone conversations of personal conversations, diaries, desk calendars, interoffice communications, reports, studies, bills, receipts, checks, checkbooks, invoices, requisitions or material similar to any of the foregoing however denominated, by whomever prepared, and to whomever addressed, which are in your possession, custody or control or to which you have had or can obtain access. % . ' a D. "Persons" means an individual, corporation, partnership, trust, associations, company, organization, or any form of a business or commercial entity. E. "Identify" when used with respect to an individual, means to state (1) their name; (2) business affiliation and official title and/or position; and (3) their last known residential and business address. F. "Identify" when used with respect to a document, means to state (1) the type of document (e.g. letter, memorandum, hand-written note, facsimile, e-mail); (2) its date of origin or creation; (3) its author and addressee; (4) its last known custodian or locations; and (5) a brief description of its subject matter and size. In lieu of identifying any document(s), you may attach a copy of it to your answer, indicating the question to which it is responsive. G. "Identify" when used with respect to a company or other business entity, means to state, (1) the company's legal name, any former names, and the name under which it trades or does business (2) the address of its principal place of business; and (3) the identity of its chief executive officer. H. "Relate to" means consist of, refer to, reflect or be in any way logically connected with the matter discussed. 1. The period of time encompassed by these requests shall be from the date of the alleged accident to the date of answering, unless otherwise indicated. Note, this request is continuing up to and at the time of trial. For purposes of the Rule, a statement includes: it (1) A written statement, signed or otherwise adopted or approved by the person making it, or (2) A stenographic, mechanical, electronic, videographic or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. REQUESTS 1. The entire claims and investigation file or files including but not limited to communications to and from all insurance carriers, parties, Plaintiff(s), or potential parties, request(s) for investigation, and/or reports/findings of investigators, both in-house and/or independent and/or all insurance policies of the Plaintiff(s), excluding references to mental impressions, conclusions, or opinions representing the value or merit of the claim or respecting strategy or tactics and privileged communications from counsel. 2. All statements and communications of any and all witnesses including any and all statements of Plaintiff(s) and Defendant(s), including taped recordings, whether transcribed or not, as well as all written statements. 3. Any and all documents and communications which support Plaintiff's claim(s) for wage loss and impairment of earning capacity and/or power. + '} ' • 4. The name, home and business address, background and qualifications of any and all persons in the employ of Plaintiff(s), who in anticipation and/or preparation of litigation, is expected to be called to trial. 5. Any and all documents and communications containing the name and home and business addresses of all individuals contacted as potential witnesses. 6. Reports, communications, and/or documents prepared by any and all experts who will testify or whose reports will be submitted at trial. 7. Reports, manuals, textbooks, policy sheets or other documents, or communications which any said expert, potential expert, witness or potential witness has consulted or reviewed as a result or in preparation of this litigation or will consult or review. 8. Resumes and qualifications of any and all experts who will testify or whose reports will be submitted at trial. 9. Copies of any and all photographs, diagrams, drawings, charts, models, movie films or video-tapes which relate, refer or pertain to Defendant(s), any other party to this action, the incident site and/or any instrumentality involved in the incident described in Plaintiff(s) Complaint. 10. Any and all documents and communications substantiating any claim to plaintiffs cause of action. 11. Copies of any and all bills, reports, notes and records prepared by any physician, hospital or healthcare provider who has examined, evaluated and/or treated Plaintiff(s) for injuries allegedly sustained as a direct result of the instant matter. 12. Copies of any and all bills, reports, notes and records prepared by any physician, hospital or healthcare provider who has examined, evaluated and/or treated Plaintiff(s) for injuries, diseases, deformities or impairments sustained by Plaintiff(s) or suffered from by Plaintiff(s) prior to and/or subsequent to the accident herein. 13. Verification of the policy limits for first party benefits (i.e. PIP or medical payment coverage or wage loss coverage, etc.), including a copy of the policy, including applicable policy declarations page, sign-down forms and Tort Option selection forms. 14. Any and all documents of any nature whatsoever which refer in any way to the incident described in Plaintiff(s) Complaint and/or the facts or circumstances leading up to and following said incident. 15. All property damage estimates rendered for any object belonging to the Plaintiff(s) and/or Defendant(s) which was involved in this alleged accident. lawsuit. Any and all press releases concerning this alleged accident or any incident relating to this 0 3 17. Any and all documents or other tangible materials of any nature whatsoever which you plan to have marked for identification at a deposition or trial, introduce into evidence at a deposition or trial, or about which you plan to question a witness at a deposition or trial. 18. Any and/or all documents or communications of any nature whatsoever which relate, refer or pertain to Plaintiff(s), any other party to this action, the incident, incident site and/or any instrumentality involved in the incident described in Plaintiff(s) Complaint. 19. All documents and/or communications relating to any facts on the basis of which it is asserted that the conduct of the Defendant(s) contributed to the happenings of the alleged occurrence or to the alleged injuries or losses suffered allegedly as a result of this accident. 20. Any and all documents of any nature whatsoever referred to in Plainti?s(s') Answers to Defendant's(s') Interrogatories.. This request is deemed to be continuing insofar as if any of the above is secured subsequent to the date herein for the production of same, said documents, photographs, statements, reports, etc., are to be provided to Defendant's counsel within thirty (30) days of receipt of same. CES OF MASON & EISEMAN for Defendants DATED: `( 1 a EXHIBIT "B" 1 00, . Law Offices of Mason and Eiseman* Employees of a Subsidiary of The Hartford Finandal Services Group, Inc. * Not a Partnership or Professional Corporation 1515 Market Street, Suite 1802, Philadelphia, PA 19102 OFFICE: Telephone (215) 564,1042 Facsimile (877) 369-5790 Jeffrey M. Pollock, Esquire Admitted in Pennsylvania Direct Dial: (215) 446-7686 Email Address: Je11'rey.Pollock@thehartford.com December 28, 2012 VIA FACSIMILE ONLY - 215-464-4558 Carl J. D'Adamo, Esq. 11450 Bustleton Avenue Philadelphia, PA 19916 RE: Sohail, Samson v. Michael Gartside and Atlantic Construction Fabrics Dear Mr. D'Adamo: If you may recall on November 21, 2012 this office served your client with a copy of Defendants' Interrogatories and Requests for Production of Documents directed to Plaintiff in relation to this matter. To date, this office has not received your client's discovery responses. Please have your client respond to these documents within the next ten (10) business days to avoid the commencement of motion practice against your client. Thank you for your anticipated cooperation regarding these documents. Should you have any questions or concerns regarding these documents, please feel free to contact this office. e Y ry truly yours, rj - A VChambers Paralegal to Jeffrey M. Pollock, Esquire /EMC I Transmission Log The Hartford - Friday, 2012-12-28 11:18 215 564 4262 Date Time Type Job ## Length Speed Station Name/Number Pgs Status ------------------- --- ---------------- 2012-12-28 11:18 SCAN 06114 0:09 28800 12154644558 1 OK V.34 AM31 Law Offices of Mason and Eiseman* 6nployeasalaSuOalmleryor Nsrdbrofhra?lsuvkas fiat. ' AM a AlRnerShlp or Pmrewonal CO"Mtlan 2515 MhflwSt=k Sn1w 1wz PhE1WdP1do, PA 19102 OFFICE Fad ?y6MN#OW M J405e7 M. Pollock, EsgWrc Admiftd in Pmmylvar& Olre4DlaL• {uS}Mg6.706 Basil Addnm Jdhy.Pot?adk@6el,,dotd cam December 26. 2012 418 _FACSIM1611 DAILY- 215.4tiA.q q Gar! J. n'Adamo, Esq. 11450 8uSlleten Avenue Philadelphia, PA 19116 RE. Sohall, Samson v. Michael Gartside and Atlantic Construction Fabrics Dear Mr. D'Adamo: If you may recaN on November 21, 2012 this office sewed your client with a copy of Defendants' interrogatorfes and Requests for Production of Documents directed to PlQhm in relation to this matter. To date, this office has not received your ellenfe discovery r sponse6, Please have your client respond to these documents within the next ten (10) business days to avoid the commencement of motion practice against your client. Thank you for your anticipated cooperation regarding these documents. Should you have any questions or concerns regarding these'documerts, please feel free to contact this office. Cry truly yours, ctYia1tiersACZftP Paralegal to Jefftey M. Pollock, Esquire 1EMC 13-02273LG CERTIFICATE Cl) PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 -a Na o` W -- r fo C)M In the Matter of: Court of Common Pleas-11= SAMSON SOHAIL Cumberland County ILn _VS - MICHAEL GARTSIDE AND ATLANTIC No. 2012-05945 CONSTRUCTION FABRICS As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of JEFFREY M. POLLOCK, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s)which is/are attached to the notice of intent to serve the subpoena(s). DATE: 4/23/2013 JEFFREY M. POLLOCK, ESQUIRE Counsel for Defendant Center City Legal Reproductions, Inc. C L 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ■_,_.i n n (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com SAMSON SOHAIL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. MICHAEL GARTSIDE AND No. 2012-05945 ATLANTIC CONSTRUCTION FABRICS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARL J. D'ADAMO, ESQUIRE LAW OFFICES OF SAMUEL L. FISHMAN, PC 11450 BUSTLETON AVENUE PHILADELPHIA, PA 19116 Please take notice there has been a request by JEFFREY M. POLLOCK, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of(see enclosures). These records pertain to SAMSON SOHAIL. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: April 2, 2013 Enclosures : Copy(copies)of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. CI T "D C id 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 ■ ■ ■ ■ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com SAMSON SOHAIL CCLR File NO. 13-02273LG vs. MICHAEL GARTSIDE AND ATLANTIC CONSTRUCTION FABRICS COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 4/2/2013 regarding records in the custody of(see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 4/23/2013. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2013 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 &Above $.20 Date: Attorney for plaintiff(s)/defendant(s) CARL J. D'ADAMO, ESQUIRE LAW OFFICES OF SAMUEL L. FISHMAN, PC 11450 BUSTLETON AVENUE PHILADELPHIA, PA 19116 COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND SAMSON SOHAIL VS MICHAEL GARTSIDE AND ATLANTIC CONSTRUCTION FABRICS File No.2010-05945 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HUNTINGDON VALLEY SURGERY CENTER—MEDICAL RECORDS DEPT (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 Any and all medical records,including Films,including but not limited to records of Dr.Walter Dearolf,reports,office notes, progress reports,doctors notes,charts,summaries,test results,lab tests,evaluations,etc.,pertaining to Samson Sohail; DOB:8/30/1963. AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JEFFREY M.POLLOCK,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE:215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAMSON SOHAIL VS MICHAEL GARTSIDE AND ATLANTIC CONSTRUCTION FABRICS File No.2010-05945 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:SAMUEL HOLLOWAY; D.C.—CONCORDIA CENTER OF CLINICAL CHIROPRACTIC&REHAB (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 Any and all medical records,including Films,reports,office notes,progress reports,doctors notes,charts,summaries,test results,lab tests,evaluations,etc.,pertaining to Samson Sohail;DOB: 8/30/1963. AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JEFFREY M.POLLOCK,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Disposition Deputy (Eff.7/97) LAW OFFICES OF MASON&EISEMAN BY: Jeffrey M. Pollock, Esquire ; ` I.D.# 58362 MW 1515 Market Street, Suite 1802 Attorney for Defendants - `'1= Philadelphia,PA 19102 (215) 446-7686 ieffrey.pollock@thehartford.com C:) -rti SAMSON SOHAIL COURT OF COMMON PLEiS2: l Plaintiff OF CUMBERLAND COUNTY-< VS. MICHAEL GARTSIDE JURY TRIAL DEMANDED and NO. 12-5945 CIVIL ATLANTIC CONSTRUCTION FABRICS Defendants NOTICE OF PRESENTATION OF MOTION Please be advised that Defendants,Michael Gartside,and Atlantic Construction Fabrics, through its counsel, Jeffrey M. Pollock and The Law Office of Mason and Eiseman has filed a Motion to Compel Plaintiff, Samson Sohail's Answers to Defendant's Second Set of Request for Production of Documents in this action to the Court of Common Pleas of Cumberland County Prothonotary on August 12, 2013. . A copy of the said Motion is attached. LAW OFFICES OF MASON& EISEMAN A0l�� Jeffrey o lock, Esquire Attorney for Defendants LAW OFFICES OF MASON&EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Attorney for Defendants Philadelphia, PA 19102 (215)446-7686 ieffrey.pollock@thehartford.com SAMSON SOHAIL COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. MICHAEL GARTSIDE JURY TRIAL DEMANDED and NO. 12-5945 CIVIL ATLANTIC CONSTRUCTION FABRICS Defendants MOTION TO COMPEL DISCOVERY AGAINST PLAINTIFF, SAMSON SOHAIL Moving Defendant hereby files this Motion against Plaintiff, Samson Sohail and asserts the following: 1. On or about May 15, 2013,the moving Defendant served on Plaintiff, Samson Sohail, Second Request for Production of Documents. A copy of the cover letter and Second Request for Production of Documents are attached hereto and marked Exhibit "A". 2. No Answers or objections to said Interrogatories and Request for Production of Documents were filed within the required thirty (30) day time period, and no request for an extension of time was request by Counsel. 3. On or about June 23, 2013,moving Defendant informed counsel for Plaintiff, by way of correspondence that his responses to these documents were past due and was given an additional ten(10) business days to provide responses to Defendants' Second Request for Production of Documents. A copy of the faxed correspondence is attached hereto and marked as Exhibit`B". 4. To date, Plaintiff did not submit any responses to Defendants' Second Request for Production of Documents. 5. Plaintiff continues to ignore Moving Defendants' attempts to obtain his responses to Defendants' Second Request for Production of Documents. 6. The moving Defendants needs Plaintiff s responses to Defendants' Second Request for Production of Documents to prepare for trial and will be prejudiced without them. WHEREFORE,the moving Defendants request this Honorable Court to Order Plaintiff s to produce the requested items within time limits as outlined in the proposed Order or suffer sanctions upon application to the Court by the moving Defendants. LAW OFFICES OF JEFFREY H. EISEMAN Dated: IJ 1-61 )y . ulo . Jeffrey M Pollock, Esquire Attorney for Defendants Law Offices of Mason and Eiseman* Employees of a Subsidiary of The Dartford Financial Services Group, Inc. * Not a Partnership or Professional Corporation 1515 Market Street,Suite 1802,, Jeffrey M. Pollock, Esquire Philadelphia,PA 19102 Admitted in Pennsylvania OFFICE: Telephone(215)564-3042 Direct Dial: (215)446-7686 Facsimile(877)369-5790 Email Address: Jeffrey.Pollock @thehadford.com May 14, 2013 VIA FACSIMILE— 215-464-4558 and Regular mail Carl J. D'Adamo, Esq. 11450 Bustleton Avenue Philadelphia, PA 19116 RE: Sohail, Samson v. Michael Gartside and Atlantic Construction Fabrics Dear Mr. D'Adamo: Enclosed please find Defendants' Second Set of Request for Production of Documents directed to Plaintiff with regard to the above-referenced matter. Kindly provide Plaintiffs response with the time limits in accordance with the Rules of Civil Procedure. Thank you for your anticipated cooperation and courtesy in this regard. Very truly yours, Colleen Tangert-MacElroy Legal Asst. to Jeffrey M. Pollock, Esquire /ctm Encl. Law Offices of Mason and Eiseman * Employees of a Subsidiary of The Hartford Financial Services Group, Inc. * Not a Partnership or Professional Corporation 1515 Market Street,Suite 1802, Jeffrey M. Pollock,Esquire Philadelphia,PA 19102 Admitted in Pennsylvania OFFICE: Telephone(215)5643042 Direct Dial: (215)446-7686 Facsimile(877)369-5790 Email Address: Jeffrey.Pollock @thehariford.com June 24, 2013 VIA FACSIMILE— 215-464-4558 and Regular mail Carl J. D'Adamo, Esq. 11450 Bustleton Avenue Philadelphia, PA 19116 RE: Sohail, Samson v. Michael Gartside and Atlantic Construction Fabrics Dear Mr. D'Adamo: As a follow-up to my May 14, 2013 enclosing a Second Set of Request for Production, your responses are now overdue. Kindly forward same within the next 10 days in order to avoid the necessity of filing a Motion to Compel same. Thank you. Very truly yours, Jeffrey JK. (Pollock Jeffrey M. Pollock, Esquire JMP:ctm Encl. X LAW OFFICES OF MASON&EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Attorney for Defendants Philadelphia, PA 19102 (215)446-7686 jeffrey.l)oilock@thehartford.com SAMSON SOHAIL COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. MICHAEL GARTSIDE JURY TRIAL DEMANDED and NO. 12-5945 CIVIL . ATLANTIC CONSTRUCTION FABRICS Defendants MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL DISCOVERY AGAINST PLAINTIFF STATEMENT OF FACTS This matter comes before this Honorable Court by initial filing of the Plaintiff. Defendants served Plaintiff with Second Request for Production of Documents on or about May 15, 2013. Plaintiff did not respond to these discovery documents within the Court-mandated timeframe. As a result, on or about June 24, 2013, Defendants served Plaintiff with correspondence requesting that these discovery responses be submitted within ten (10)business days. To date,Plaintiff has not submitted any responses to Defendants' Second Request for Production of Documents in this matter. Defendants have filed the attached Motion based upon the actions of the Plaintiff relating to the litigation of this matter. STATEMENT OF QUESTION Should Plaintiff be compelled to submit answers to Defendants' Second Request for Production of Documents? Answer: YES ARGUMENT The Pennsylvania Rules of Civil Procedure is clear in its procedures regarding the exchange of discovery between the parties. As it relates to Interrogatories, Pa. R.C.P. 4005 (a) states the following: Rule 4005. Written Interrogatories to a Party. (a) Subject to the limitations provided by Rule 4011, any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or similar entity or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter. Interrogatories which are to be served prior to service of the complaint shall be limited to the purpose of preparing a complaint and shall contain a brief statement of the nature of the cause of action. Interrogatories shall be prepared in such fashion that sufficient space is provided immediately after each interrogatory or subsection thereof for insertion of the answer or objection. Furthermore,the parties are to proceed in accordance with Pa. R.C.P. 4009.11, regarding Request for Production of Documents: Rule 4009.11. Request Upon a Party for Production of Documents and Things. (a) The request may be served without leave of court upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. (b) The request shall set forth in numbered paragraphs the items to be produced either by individual item or by category, and describe each item or category with reasonable particularity. Each paragraph shall seek only a single item or a single category of items. The request shall be prepared in such fashion that sufficient space is provided immediately after each paragraph for insertion of the answer. Upon service of Interrogatories and Request for Production, each party has 30 days after service of these documents to respond. See Pa.R.C.P. 4006(a)(2) and Pa.R.C.P. 4009.12(a). In the instant matter, Plaintiff was served with Second Request for Production of Documents on May 15, 2013 giving Plaintiff until June 16, 2013 to respond. When these responses were not received by the Defendants, a letter dated June 24, 2013 was sent to Plaintiff's counsel informing him of Plaintiff's outstanding discovery response and gave Plaintiff ten(10) business additional days to respond to the Interrogatories and Request for Production of Documents. Plaintiff had until July 10, 2013 to provide the Defendants with her Responses to Second Request for Production of Documents. As of the date of this filing, Plaintiff has not served her Responses to Defendants' Second Request for Production of Documents nor did Plaintiff's counsel communication with Defense counsel to inform him of any difficulties with the response of these documents or their inability to locate the Plaintiff. Plaintiff's disregard for Defendants' discovery requests has proven to be a hindrance in the defense of this matter. As a result, Defendant has asked for this Honorable Court's intervention to resolve this issue. LAW OFFICES OF JEFFREY H. EISEMAN Dated: Jeffrey M Pollock Es ui e � q Attorney for Defendants VERIFICATION Jeffrey M. Pollock, Esquire,hereby deposes and says that he is the attorney for Defendants, Michael Gartside and Atlantic Construction Fabrics in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing Motion To Compel and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. l Jeffrey M. Pollock DATE: LAW OFFICES OF MASON&EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1515 Market Street, Suite 1802 Attorney for Defendants Philadelphia, PA 19102 (215) 446-7686 ieffrey.l)ollock@thehartford.com SAMSON SOHAIL COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. MICHAEL GARTSIDE JURY TRIAL DEMANDED and NO. 12-5945 CIVIL ATLANTIC CONSTRUCTION FABRICS Defendants CERTIFICATE OF SERVICE I, Jeffrey M. Pollock,Esquire, do hereby certify that a copy of this Motion to Compel against Plaintiff, Samson Sohail was served upon the attorneys of record listed below by way of United States Postal Service, first-class,postage pre-paid: Carl J. D'Adamo, Esq. 11450 Bustleton Avenue Philadelphia, PA 19116 LAW OFFICES OF MASON &EISEMAN Jeffrey V. Pollock, Squire Date: 1 �3 SAMSON SOHAIL COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. MICHAEL GARTSIDE JURY TRIAL DEMANDED and NO. 12-5945 CIVIL ATLANTIC CONSTRUCTION FABRICS Defendants ORDER AND NOW,this/lp-4ay of ' 2013, upon consideration of the attached Defendant's Motion to Compel Plaintiff, Samson Sohail's Answers to Interrogatories and Response to Defendant's Request for Production of Documents IT IS HEREBY ORDERED that the within Defendants' Motion to Compel pursuant to Pennsylvania Rules of Civil Procedure 4019(a) is granted and Plaintiff, Samson Sohail shall produce produce all documents contained within Defendants' Second Request for Production of Documents on or before 10 days after the date of this Order or face possible sanctions in accordance with Pa.R.C.P. 4019. BY THE J. WL Co LL CD c �7- ��I 11/13 s ZJJ 1 1 LED 0 7 F I0N bAw LAW OFFICES OF SAMUEL FISHMAN, P.C. ,std f UG 23 Pry 2: 08 Carl J. D'Adamo, Esquire CUMBERLAND COUNTY Attorney ID No. 203078 PENNSYLVANIA 11450 Bustleton Avenue Philadelphia, PA 19116 (215) 464-4600 Attorney for Plaintiff SAMSON SOHAIL COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. No.: 12-5945 CIVIL MICHAEL GARTSIDE and , ATLANTIC CONSTRUCTION FABRICS , Defendants NOTICE OF PRESENTATION OF MOTION Please be advised that Plaintiff, Samson Sohail, through his counsel, Carl J. D'Adamo, Esquire,and the Law Offices of Samuel Fishman, has filed a Motion to Compel Defendant's Answers to Interrogatories and Requests for Production of Documents in this action to the Court of Common Pleas of Cumberland County on August 21,2013. A copy of the said motion is attached. LAW OFF OF SAMU SHMAN arl damo,Esquire Affo—mey for Plaintiff LAW OFFICES OF SAMUEL FISHMAN, P.C. Carl J. D'Adamo, Esquire Attorney ID No. 203078 11450 Bustleton Avenue Philadelphia,PA 19116 (215) 464-4600 Attorney for Plaintiff SAMSON SOHAIL COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. . No.: 12-5945 CIVIL MICHAEL GARTSIDE and . ATLANTIC CONSTRUCTION FABRICS . Defendants PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS And now, comes Plaintiff by and through his undersigned attorney, Carl J. D'Adamo, Esquire and respectfully prays that this Honorable Court enter an Order compelling Defendant to provide full and complete answers to Plaintiff's Interrogatories and Request for Procduction of Documentsor failing to do so suffer sanctions. In support thereof, Plaintiff alleges as follows: 1. This action was instituted by the filing of a Complaint on seeking recovery for injuries and damages sustained by Plaintiff as a result of an automobile accident. 2. In order to ascertain the facts underlying this cause of action and in order to prepare properly for the trial of this matter, Plaintiff forwarded a Notice to Answer Interrogatories and Requests for Production of Documents to Defendants via letter dated November 5, 2012. A copy of Plaintiff s cover letter is annexed hereto as Exhibit W. 3. Pursuant to Pa. R.C.P. 4006(a)(2), Defendants' answers and/or objections to said Interrogatories and Requests for Production of Documents were due on or before December 6, 2012. 4. On March 5, 2013, Plaintiff sent a letter again requesting the outstanding discovery. See Exhibit `B'. 5. Defendants have not come forward with interrogatory responses to the aforementioned discovery requests. 6. Defendants have never contacted Plaintiff to request an extension of time within which to answer interrogatories. 7. Through formal discovery, Plaintiffs sought specific documents and facts to support Defendants' affirmative defenses and legal conclusions that he is not responsible for injuries and damages sustained by Plaintiff. 8. Pursuant to Pa. R.C.P. 4019 (a)(2) Defendants have waived their right to assert objections to the requested discovery by failing to serve objections with responses within thirty (30) days. 9. At no time has any Defendant sought a protective order from the Court pursuant to the Pennsylvania Rules of Civil Procedure. 10. Plaintiff has acted in good faith; have properly requested information and documents from Defendants, in narrowly tailored discovery requests in conformity with the Pennsylvania Rules of Civil Procedure, based upon factual allegations and asserted defenses in the Answers filed on behalf of Defendants; and Plaintiff is in need of the information in order to evaluate whether any Defendants' assertions have merit. 11. Plaintiff has spent considerable time, money and good faith effort to move this matter forward toward a trial on the merits, by requests for formal discovery, and has tried to work out this discovery dispute; however, this Court's assistance is needed because counsel are at an impasse and defendant still has not come forward with any interrogatory responses. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order compelling Defendants to respond to Plaintiff's Interrogatories and Requests for Production of Documents in conformity with the Pennsylvania Rules of Civil Procedure. FURTHERMORE, Plaintiff seeks that by further Order of this Court that he may Petition this Court for sanctions including but not limited to attorney's fees, costs, and, excluding the presentation of defenses if any Defendant fails to supply the requested information within ten (10) days. Respectful miffed, LAW CES OF AM�JEL FISHMAN C . D'Adamo, Esquire Attorney for Plaintiff LAW OFFICES OF SAMUEL FISHMAN, P.C. Carl J. D'Adamo, Esquire Attorney ID No. 203078 11450 Bustleton Avenue Philadelphia,PA 19116 (215)464-4600 Attorney for Plaintiff SAMSON SOHAIL COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. . No.: 12-5945 CIVIL MICHAEL GARTSIDE and , ATLANTIC CONSTRUCTION FABRICS Defendants , PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS STATEMENT OF FACTS: On November 5, 2012,Plaintiff served requests for discovery upon Defendants. See Exhibit `A'. On March 5, 2013, Plaintiff's sent a letter again requesting the outstanding discovery. To date, neither defendant has provided discovery responses. Plaintiff filed the attached motion as the parties have been unable to amicably resolve this matter. STATEMENT OF QUESTION: Should Defendants each be compelled to respond to Plaintiff's discovery requests? Answer: Yes. ARGUMENT: The Pennsylvania Rules of Civil Procedure are clear in its procedures regarding the exchange of discovery. Pa R.C.P. 4005 (a) states that: Subject to the limitations provided by Rule 4011, any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or similar entity or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may be served upon any party at the time of service of the original process or at any time thereafter. Interrogatories which are to be served prior to service of the complaint shall be limited to the purpose of preparing a complaint and shall contain a brief statement of the nature of the cause of action. Interrogatories shall be prepared in such fashion that sufficient space is provided immediately after each interrogatory or subsection thereof for insertion of the answer or objection. Furthermore, Pa.R.C.P. 4009.11 states that: (a) The request may be served without leave of court upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. (b) The request shall set forth in numbered paragraphs the items to be produced either by individual item or by category, and describe each item or category with reasonable particularity. Each paragraph shall seek only a single item or a single category of items. The request shall be prepared in such fashion that sufficient space is provided immediately after each paragraph for insertion of the answer. Upon service of the subject discovery requests,each party has thirty (30)days to respond. See Pa.R.C.P. 4006(a)(2) and 4009.12(a) In the instant matter, Defendants were served with discovery requests on November 5, 2012. They were reminded on March 5, 2013 of their delinquency. As of today, Defendant has made no effort to respond to discovery. Defendants' refusal to respond to discovery is a hindrance in the prosecution of this matter. As a result, Plaintiff requests this Honorable Court's intervention. ;orney W OFFICES OF EL FISHMAN D'Ada o, Es for Plaintiff VERIFICATION I, Carl J. D'Adamo, Esquire, hereby states that I am the Attorney for Plaintiff in this action and verifies that the statements set forth in the foregoing Plaintiff's Motion to Compel, are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein made are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. CARL D'ADAMO, ENQ_UIRF Attorney for Plaintiff CERTIFICATE OF SERVICE I, CARL J. D'ADAMO, ESQUIRE, hereby certify that a true and correct copy of Plaintiff's Motion to Compel was hereby served on this date by first class mail, postage prepaid, or via electronic filing upon the following: Jeffrey M. Pollock, Esq. Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 Dated: C40e.J. D'ADAMO, ESQUIRE Attorney for Plaintiff EXHIBIT 'A ' LAW OFFICES OF SAMUEL FISHMAN, P.C. ATTORNEY AT LAW 11450 BUSTLETON AVENUE SAMUEL FISHMAN,ESQ.A• PHILADELPHIA,PA 19116 CARL J.D'ADAMO,ESQ.A• TELEPHONE(215)464-4600 FACSIMILE(215)464-4558 A MEMBER NJ BAR MEMBER PA BAR November 5, 2012 Jeffrey M. Pollock,Esq. Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 RE: Sohail v. Michael Gartside and Atlantic Construction Fabrics Cumberland CCP—No.: 12-5495 CIVIL Dear Sir/Madam: Please find enclosed Plaintiff's First Set of Interrogatories directed to each Defendant. Kindly provide each Defendant's respective responses within the time permitted by law/rule. Your attention to this matter is greatly appreciat Ve trul yours, 11.-D'Adamo Enclosures EXHIBIT ` B ' LAW OFFICES OF SAMUEL FISHMAN, P.C. ATTORNEY AT I.AW 11450 BUSTLETON AVENUE SAMUEL FISHMAN,ESQ.As PHILADELPHIA,PA 19116 CARL J.UADAMO,ESQ.A• TELEPHONE(215)464-4600 FACSIMILE(215)464-4558 A MEMBER NJ BAR • MEMBER PA BAR March 5, 2013 Jeffrey M. Pollock, Esq. Law Offices of Mason and Eiseman 1515 Market Street, Suite 1802 Philadelphia, PA 19102 RE: Sohail v. Michael Gartside and Atlantic Construction Fabrics Cumberland CCP—No.: 12-5495 CIVIL Dear Sir/Madam: A review of my file shows that Defendants' responses to discovery are overdue. Please be advised that if we do not receive Defendant's discovery responses within ten days we will have no alternative but to file a Motion to Compel with the Court. Thank you for your anticipated cooperation in this matter. Ver trul yours, arl . D'Adamo Enclosures t i i SAMSON SOHAIL : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY . I'w Z i Y. . C No.: 12-5945 CIVIL =rn r MICHAEL GARTSIDE . W and r- ° oc:) ATLANTIC CONSTRUCTION FABRIC ' G,, � S ? Defendants ORDEER4-- AND NOW,thisAko of/ 'k�'i�,,, / , 2013, upon consideration of the attached Plaintiff's Motion to Compel Defendants' Answers to Interrogatories and Response to Plaintiff's Request for Production of Documents IT IS HEREBY ORDERED AND DECREED that the within Plaintiff's Motion to Compel pursuant to Pennsylvania Rules of Civil Procedure 4019(a) is GRANTED and Defendant, Michael Gartside, and Defendant,Atlantic Construction Fabrics, shall provide full and complete verified answers, without objection, to the Interrogatories and Requests for Production of Documents of Plaintiff within®'days of the date of this Order or face possible sanctions upon application to the Court. BY THE COURT: ems.,, 2-- G ° _J J. Cr- = w X CL- ;� C Cx>-34(V--s Pb?-t LL A4- C, .' a aoj LAW OFFICES OF SAMUEL FISHMAN, P.C. Carl J. D'Adamo, Esquire Attorney ID No. 203078 11450 Bustleton Avenue Philadelphia, PA 19116 (215) 464 -4600 SAMSON SOHAIL Plaintiff v. MICHAEL GARTSIDE and ATLANTIC CONSTRUCTION FABRICS Defendants 1 ir:,2f; I r MI H: U r' I11- ;;.G.L \L J U LUU T Y !SY'LVAP IA Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 12 -5945 CIVIL ORDER TO SETTLE DISCONTINE AND END TO THE PROTHONOTARY: Kindly mark the above referenced case as Settler, Discontinued and Ended. /)7.''(1 Dated: CA J t'ADAMO, ESQUIRE A i orn for Plaintiff