Loading...
HomeMy WebLinkAbout12-6672LAW OFFICE OF JAMES M. DESANTO BY: James M. DeSanto Attorney No. 49442 323 East Front Street Media, PA 19063 (p) 610-892-7600 (~ 610-565-4225 DONALD MAINS and REGINA MAINS, H/W 4~0 Walnut Bottam Road Srippensburg, PA 1.7257 Plaintiff c~ c ,~.,, ~:~ -D 3 ~ ~~ h ~~ (/i -+ IN THE COURT OF COMMON PL tV `r' OF CUMBERLAND COUNTY ,~ ~ ~ ~ G~ c 3a-~ r -.~ c~, vs. CIVIL ACTION AT LAW ,1lAN M.:IIECKMAN, 5~0 Springfield Road Shippensburg, PA 17257 2 ~~ ~ ~ ~r Jl L Defendant NO. / /~/~ CIVIL ACTION COMPLAINT MOTOR VEHICLE ACCIDENT ~~ -~ rn v~ ~~ o, -f ca ~= --r -n .~ c"s '--i ~ r i -< "NOTICE" , "You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (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 SOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County I3ar .Association 3? South Bedford Street Carlisle, PA 17013 (717)29-3166 "AVI50" "Le han demandado a usted en la coue. Si usted quiere defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la courte tomara medidas y puede decidir a favor del demand ante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero 0 sus propiedades u ostros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIICINA CUYA D[RECCION SE PUEDE CONSEGUIR ASISTENCIA LEGAL." 03.76 ~~ a~ ,~~aB~~~ A1~ LAW OFFICE OF JAMES M. DESANTO BY: James M. DeSanto Attorney No. 49442 323 East Front Street Media, PA 19063 (p) 610-892-7600 (fj 610-565-4225 DONALD MAINS and IN THE COURT OF COMMON PLEAS REGINA NIACNS, H/W OF C;UMt3ERLANf.) COLIN~I'Y 450 Vv`alnut Bottom Road : Shippensburg, PA 17257 Plaintiff vs. CIVIL ACTION AT LAW JEAN M. HECKMAN, : S50 Springfield Road Shippensburg, PA 17257 Defendant NO. CIVIL ACTION COMPLAINT 1. The Plaintiffs, Donald Mains and Regina Mains, are husband and wife residing at the above-captioned address. 2. The Defendant, Jean M. Heckman, is an adult individual who, at all times material hereto, resided at the above-captioned address. 3. On or about September 15, 2011, at approximately 11:30 a.m., Plaintiff, Donald Mains, was operating his motor vehicle in a westerly direction on Ritner Highway at or near its intersection with State Highway 233, both of which are public highways in Penn Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Defendant was operating her motor vehicle in an easterly direction on Ritner Highway and was attempting to turn left into a Sheetz Market and so negligently and carelessly operated her vehicle by turning directly in front of Plaintiff s oncoming vehicle causing it to crash violently into Plaintiff's vehicle causing serious and permanent injuries and other losses more fully set forth hereinafter. 5. The negligence and carelessness of the Defendant consisted of the following: a. Operating her motor vehicle at a high and excessive rate of speed under the circumstances; b. Failing to have her motor vehicle under proper and adequate control at the time of the collision; c. Careless and negligent operation of a motor vehicle; d. Failing to exercise due care and caution under the circumstances; e. Failing to keep a proper look out for traffic ahead in violation of the Pennsylvania Motor Vehicle Code; f. Operating her vehicle in a careless and negligent manner without due regard for the rights, safety and position of those lawfully upon the highway, one of whom was the Plaintiff; g. Failing to give proper and sufficient warning of the approach and/or position of said vehicle; h. Violations of the pertinent provisions of the Pennsylvania Vehicle Code, specifically §3322, §3361 and §3714; i. Failing to allow for an assured clear distance between her vehicle and the vehicle occupied by Plaintiff, which distance would have allowed her to stop her vehicle without colliding with the vehicle occupied by the Plaintiff; Failed to maintain her vehicle in a safe and proper mechanical and operating condition. COUNTI DONALD MAINS VS. JEAN M. HECKMAN 6. By reason of the negligence and carelessness of the Defendant as hereinbefore alleged, Plaintiff suffered severe and permanent injuries to his bones, muscles, tendons, ligaments, discs, nerves, head, neck, shoulders, arms, elbows, back, chest, stomach, legs, knees and body including but not limited to: Head, neck, back, chest, left shoulder and extremities, including but not limited to a contusion of the chest wall and afull-thickness tear of the rotator cuff of his left shoulder. Plaintiff suffered internal injuries of an unknown nature. He suffered severe and permanent aches, pains, mental anxiety and anguish, severe shock to his entire nervous system and other injuries and/or aggravation of pre-existing injuries, the full extent of which is not yet known. He has in the past and will in the future undexgo severe pain and suffering as a result of which he has in the past and will in the future be unable to attend to his usual activities. The plaintiff believes and therefore avers that his injuries are serious and permanent in nature. 7. As a further result of this accident, Plaintiff has suffered severe and permanent physical pain, mental anguish and humiliation and may continue to suffer same for an indefinite time in the future, all to his great detriment and loss. 8. As a result of the within action, Plaintiff has incurred and will in the future incur expenses in the treatment of his injuries. 9. As a result of the negligence of the Defendant as hereinbefore alleged, Plaintiff has sustained a loss of earnings and earning capacity in the past and will sustain such losses in the future, to his great financial loss and detriment. 10. As a result of the negligence of the Defendant as hereinbefore alleged, Plaintiff has been obliged to spend large sums of money for medicine, medical care, and attention in an effort to cure his aforesaid injuries and may be obliged to spend additional sums of them for the same purposes in the future, to his great financial loss and detriment. 11. As a direct and reasonable result of the accident aforementioned, Plaintiff has or may hereinafter incur other financial expenses or losses which do or may exceed amounts to which he may otherwise be entitled to recover pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, ?5 pa. C.S.A. § 1711 et seq. 12. Plaintiff, Iaonald Mains, is entitled to full tort rights as set forth in the Amended Motor Vehicle Financial Responsibility Act. 13. Plaintiff, Donald Mains, has received injuries which have resulted in a permanent serious disfigurement and/or a serious impairment of body functions. 14. This accident was caused solely by the carelessness and negligence of the Defendant and was due in no manner whatsoever to any act or failure to act on the part of th:, Plaintiff. WHEREFORE, Plaintiff, Donald Mains, demands judgment against the Defendant, Jean M. Heckman, in a sum in excess of fifty thousand dollars ($50,000.00), plus cost, interest and damages for delay. COUNT II REGINA MAINS VS. JEAN M. HECKMAN 15. Paragraphs 1 through 14, inclusive, are incorporated herein as though the same were set forth here at length. 16, Regina Mains, avers that she is the spouse of the Plaintiff, Donald Mains. 17. As a result of this accident Regina Mains has been deprived of the society, comfort, companionship and services of Donald Mains and such deprivation may continue in the future, all of which has been and will continue to be to her great financial detriment and loss. WHEREFORE, Plaintiff, Regina Mains, demands judgment against the Defendant, Jean M. Heckman, in a sum in excess of fifty thousand dollars ($50,000.00), plus cost, interest and damages for delay. 2. ' 1 / Dated: ' ~ Z ~ I ,/~ lames M. DeSanto, Esquire Attorney for Plaintiffs VERIFICATION James M. DeSanto, Esquire, hereby states that he is the attorney for the Plaintiff(s) in this matter, that the parties' verification cannot be obtained within the time allowed for the filing of this pleading and that he is authorized to execute this Verification on his behalf and based upon the information furnished to him as counsel, verifies that the statements in the foregoing document are true and correct to the best of his knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. Dated: ~~ 2~ I ~ Z ~. James M. DeSanto, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, NO. 12-6672 v. PRAECIPE FOR APPEARANCE JEAN M. HECKMAN, Defendant (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Ster{ing Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, Plaintiffs, CIVIL DIVISION v. JEAN M. HECKMAN, Defendant NO. 12-6672 (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Jean M. Heckman, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. P.C. By: KeviF(D'. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 20th day of November, 2012. James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By~yl Kevin D. Rauch, Esquire Counsel for Defendant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~,~,~ttti'tp eyt to+rrbrr~$~~ a.. `. ~ _3: _`." QF~ E t ~ ~ERiFf r- i Lr1f ~ ... ~ i tryry p~~,~rr:.'~}i tt , t r r r i ,? [.~ l~ LJ ~ V ~F1 4 ~~~2 ~~~ ~~ ~~ ~~' ~~ ~~ PEt~NSYL~VANt~A ~~ Donald Mains (et al.) Case Number vs. Jean M. Heckman 2012-6672 SHERIFF'S RETURN OF SERVICE 11/13/2012 07:56 PM -Deputy Tim Black, being duly sworn according to {aw, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jean M. Heckman at 550 Springfield Road, North Newton Township, Shippensburg, PA 17257. ~--- TIM LA K, DEPUTY SHERIFF GO5T: $68.00 November 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF c; CruntyS'ude Shenr~. Teieoso't, Irc 4-1 F rN €aTHONOTAPy 2012 DEC 19 AM 11: 14 CiiMERLAND CtlUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, Plaintiffs, V. NO. 12-6672 CIVIL DIVISION ANSWER AND NEW MATTER JEAN M. HECKMAN, Defendant TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. " '/x " - '-, d-, " 4-, ? ummers, McDon ell, Hudock, Guthrie & Skeel, P.C. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, Plaintiffs, CIVIL DIVISION V. JEAN M. HECKMAN, Defendant NO. 12-6672 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jean M. Heckman, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and file the following Answer and New Matter and in support thereof aver as follows.. 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the Defendant was operating her vehicle negligently. The remaining allegations in paragraph 4 are legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Paragraph Irl and its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I The Defendant reiterates and repeats all of her responses in Paragraphs 1 through 5 as if fully set forth at length herein. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT 11 15. In response to Paragraph 15, the Defendant reiterates and repeats all of her responses in Paragraphs 1 through 14 as if fully set forth at length herein. 16. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. NEW MATTER 18. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 19. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 20. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 21. Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Jean M. Heckman, respectfully request this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: 1Z4,V7 Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date. `! l I `- ? . _-V3 EAN M. HECKMAN #19605 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 18th day of December, 2012. James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant ,_ - C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, NO. 12-6672 V. MOTION TO COMPEL DISCOVERY JEAN M. HECKMAN, RESPONSES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, V. NO. 12-6672 JEAN M. HECKMAN, Defendant (Jury Trial Demanded) MOTION TO COMPEL DISCOVERY AND NOW, comes the Defendants, Jean Heckman, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery and in support thereof avers as follows: 1 This matter arises out of a motor vehicle accident which occurred on September 15, 2012 on Route 11 in Penn Township, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiffs filed a Complaint sounding in negligence and alleging personal injury. 3. On December 27, 2012, the Defendant served the Plaintiffs with Interrogatories and Requests for Production of Documents relative to the above- referenced matter. (A true and correct copy of correspondence between the parties dated December 27, 2012, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiffs' Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by January 27, 2013. 8. Defendant's counsel has since forwarded multiple letters to Plaintiffs' counsel requesting that he respond to the outstanding discovery. 9. To date, the Defendant's counsel has not received any response from the Plaintiffs or their counsel regarding the Defendant's' discovery requests. 10. It is necessary for the proper defense of this lawsuit that the Plaintiff files full and complete responses to Defendants' discovery requests. 11. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable Court enter an Order directing Plaintiffs to provide the Defendant with full and complete Responses to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days or suffer additional sanctions. 12. Pursuant to Local Rule 208.3(a), no judge, has previously ruled upon any other issues in this matter. 13. Counsel for the Defendant certified he has made a good faith effort to resolve this discovery dispute as set forth above. 14. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs' counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendants' counsel, however, Plaintiffs' Discovery Responses have not been received by Defendants' counsel. WHEREFORE, Defendant, Jean Heckman, respectfully requests this Honorable Court enter an Order compelling Plaintiffs to provide full and complete Responses to Defendant's' Interrogatories and Requests for Production of Documents. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. B y �� _ Kevin D. Rauch, squire Counsel for Defendant � I awl 1 � q�9+.M � �.w k �z kk 3,e� � � t � s December 27, 2012 James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 RE: Mains v. Heckman Our File No. 19605 Dear Mr. DeSanto: Enclosed please find Defendant's Interrogatories & Request for Production of documents directed to the Plaintiff in the above-referenced matter. Please respond to the same within the timeframe provided by the Pennsylvania Rules of Civil Procedure. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Carrie J. Taylor CJT:kan Enclosures IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, V. NO. 12-6672 JEAN M. HECKMAN, (Jury Trial Demanded) Defendant ORDER AND NOW, TO WIT, this day of 2013, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiffs, Donald Mains and Regina Mains, provide Defendant, Jean M. Heckman, with full and complete Responses to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of this Order or suffer such sanctions deemed appropriate by the Court. BY THE COURT: J. Distribution List: James DeSanto, Esquire Law Offices of James DeSanto 323 East Front Street Media, PA 19603 (Attorney for Plaintiffs) Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie&Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Attorney for Defendant) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO COMEPL DISCOVERY has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of March, 2013. James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant DONALD MAINS and IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW JEAN M. HECKMAN, ; Defendant NO. 12-6672 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 3rd day of April, 2013, upon consideration of Defendant's Motion to Compel Discovery, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christylee . Peck, J. James DeSanto, Esq. 323 East Front Street Media, PA 19603 Attorney for Plaintiffs ✓�Kevin D. Rauch, Esq. �4 100 Sterling Parkway r l,A) 71 Suite 306 , -t Mechanicsburg, PA 17050 Attorney for Defendant !c= = :rc 3 L1� 0i i`10El" OE THEE PROTkNOTAt-'Y 2013 M AY 10 AM 11: 21 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, NO. 12-6672 V. Judge Christylee L. Peck JEAN M. HECKMAN, Defendant. MOTION TO MAKE RULE ABSOLUTE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party:. Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, V. NO. 12-6672 JEAN M. HECKMAN, Defendant (Jury Trial Demanded) MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendants, Jean Heckman, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Discovery and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on September 15, 2012 on Route 11 in Penn Township, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiffs filed a Complaint sounding in negligence and alleging personal injury. 3. On December 27, 2012, the Defendant served the Plaintiffs with Interrogatories and Requests for Production of Documents relative to the above- referenced matter. (A true and correct copy of correspondence between the parties dated December 27, 2012, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiffs' Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by January 27, 2013. 5. After repeated attempts to contact Plaintiffs' counsel in regards to the Plaintiffs' discovery responses, counsel for the Defendant's filed a Motion to Compel Discovery Responses on April 1, 2013. 6. On April 3, 2013, the Honorable Christylee L. Peck issued a Rule upon Plaintiff's to show cause why the relief should not be granted within 20 days of service. (A true and correct copy of the Honorable Peck's Rule is attached hereto as Exhibit "B"). 7. The Plaintiffs have yet to file an Answer to the Rule. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 206.7, the Defendant respectfully requests this Honorable Court enter an Order directing Plaintiffs to provide the Defendant with full and complete Responses to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days or suffer additional sanctions. 9. Counsel for the Defendant certified he has made a good faith effort to resolve this discovery dispute as set forth above. 10. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs' counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendants' counsel, however, Plaintiffs' Discovery Responses have not been received by Defendants' counsel. WHEREFORE, Defendant, Jean Heckman, respectfully requests this Honorable Court enter an Order compelling Plaintiffs to provide full and complete Responses to Defendant's' Interrogatories and Requests for Production of Documents. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE YSKEELRAC. By: evin D. Rauch, Esquire Counsel for Defendant December 27, 2012 James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 RE: Mains v. Heckman Our File No. 19605 Dear Mr. DeSanto: Enclosed please find Defendant's Interrogatories & Request for Production of documents directed to the Plaintiff in the above-referenced matter. Please respond to the same within the timeframe provided by the Pennsylvania Rules of Civil Procedure. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Carrie J. Taylor CJT:kan Enclosures DEFENDANT'S � E IBIT a a DONALD MAINS and IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW JEAN M. HECKMAN, Defendant NO. 12-6672 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 3rd day of April, 2013, upon consideration of Defendant's Motion to Compel Discovery, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RJJUE RETABLE wit in ays o 1,service. BY THE COURT, Christylee� Peck, J. James DeSanto, Esq. 323 East Front Street Media, PA 19603 Attorney for Plaintiffs C- 71 D. Rauch, Esq. mm --0 ` ir— Sterling Parkway Ca Suite 306 Mechanicsburg, PA 17050 cow Attorney for Defendant c ° . „ C y :rc DEFENDANT'S EX IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, V. NO. 12-6672 JEAN M. HECKMAN, (Jury Trial Demanded) Defendant ORDER AND NOW, TO WIT, this day of , 2013, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiffs, Donald Mains and Regina Mains, provide Defendant, Jean M. Heckman, with full and complete Responses to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of this Order or suffer such sanctions deemed appropriate by the Court. BY THE COURT: J. Distribution List: James DeSanto, Esquire Law Offices of James DeSanto 323 East Front Street Media, PA 19603 (Attorney for Plaintiffs) Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie& Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Attorney for Defendant) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 8t" day of May, 2013. James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D' Esquire Counsel for Defendant DONALD MAINS and IN THE COURT OF COMMON PLEAS OF REGINA MAINS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION—LAW JEAN M. HECKMAN, Defendant NO. 12-6672 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 13th day of May, 2013, upon consideration of Defendant's Motion To Make Rule Absolute, and upon Plaintiff's failure to answer the Rule To Show Cause issued on April 3, 2013, the Motion To Make Rule Absolute is granted and Plaintiffs, Donald Mains and Regina Mains, shall provide Defendant, Jean M. Heckman, with full and complete Responses to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of this Order or suffer such sanctions deemed appropriate by the Court. BY THE COURT, Christ�yt'lee L. Peck, J. James DeSanto, Esq. 323 East Front Street Media, PA 19603 Attorney for Plaintiffs +" evin D. Rauch, Esq. ; -a 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 7$ r3 Attorney for Defendant :rc fizc slip/�3 t i; FRO !HO O AI;' 2013 J -7 AN 11. 19 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, NO. 12-6672 v. Judge Christylee L. Peck JEAN M. HECKMAN, Defendant. MOTION FOR SANCTIONS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19605 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, v. NO. 12-6672 JEAN M. HECKMAN, Defendant (Jury Trial Demanded) MOTION FOR SANCTIONS AND NOW, comes the Defendants, Jean Heckman, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Sanctions and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on September 15, 2012 on Route 11 in Penn Township, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiffs filed a Complaint sounding in negligence and alleging personal injury. 3. On December 27, 2012, the Defendant served the Plaintiffs with Interrogatories and Requests for Production of Documents relative to the above- referenced matter. (A true and correct copy of correspondence between the parties dated December 27, 2012, is attached hereto as Exhibit "A") 4. After repeated attempts to contact Plaintiffs' counsel in regards to the Plaintiffs' discovery responses, counsel for the Defendant's filed a Motion to Compel Discovery Responses on April 1, 2013. 5. After repeated attempts to contact Plaintiffs' counsel in regards to the Plaintiffs' discovery responses, counsel for the Defendant's filed a Motion to Compel Discovery Responses on April 1, 2013. 6. On April 3, 2013, the Honorable Christylee L. Peck issued a Rule upon Plaintiffs to show cause why the relief should not be granted within 20 days of service. (A true and correct copy of the Honorable Peck's Rule is attached hereto as Exhibit "B") 7. On May 10, 2013, counsel for the Defendant filed a Motion to Make Rule Absolute as the Plaintiff failed to file an Answer to the Rule. 8. On May 13, 2013, the Honorable Peck granted the Defendant's Motion to Make Rule Absolute and ordered the Plaintiff to provide full and complete Answers to the Defendants' Interrogatories and Requests for Production of Documents within twenty (20) days of the date the Order. (A true and correct copy of the Honorable Peck's Order is attached hereto as Exhibit "C") 9. Accordingly, the Plaintiffs Answers to Defendants' Interrogatories and Request for Production of Documents should have been received by June 3, 2013. 10. To date, the Defendants' counsel has not received any response from the Plaintiffs or their counsel regarding the Defendants' discovery requests. 11. It is necessary for the proper defense of this lawsuit that the Plaintiffs submit full and complete responses to the Defendants' discovery requests. 12. Pursuant to Pa.R.C.P. 419(a)(1)(VII) and (VIII), this Honorable Court may impose sanctions upon the Plaintiff for failing to comply with this Court's Order. 13. Additionally, Pa.R.C.P. 4019(c)(5) allows this Honorable Court to enter any Order that is just under the circumstances. ' 14. The Defendants respectfully requests this Honorable Court enter judgment in favor of the Defendant since the Plaintiff has failed to produce any evidence of liability or damages in violation of this Court's Order. 15. Counsel for the Defendant certified he has made a good faith effort to resolve this discovery dispute as set forth above. 16. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs' counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendants' counsel, however, Plaintiffs' Discovery Responses have not been received by Defendants' counsel. WHEREFORE, Defendant, Jean Heckman, respectfully requests this Honorable enter judgment in favor of the Defendant since the Plaintiff has failed to produce any evidence of liability or damages in violation of this Court's Order. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: 77; � „/ � Kevin D. Rauch, Esquire Counsel for Defendant December 27, 2012 James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 RE: Mains v. Heckman Our File No. • 19605 Dear Mr. DeSanto: Enclosed please find Defendant's Interrogatories & Request for Production of documents directed to the Plaintiff in the above-referenced matter. Please respond to the same within the timeframe provided by the Pennsylvania Rules of Civil Procedure. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Carrie J. Taylor CJT:kan Enclosures �.. u . c DONALD MAINS and : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW • JEAN M. HECKMAN, Defendant : NO. 12-6672 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 3rd day of April, 2013, upon consideration of Defendant's Motion to Compel Discovery, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christylee'L. Peck, J. James DeSanto, Esq. 323 East Front Street Media, PA 19603 Attorney for Plaintiffs `_ Kevin D. Rauch, Esq. `r` } Sterling Parkway (A _ Suite 306 —+ Mechanicsburg, PA 17050 Attorney for Defendant ' :rc DONALD MAINS and : IN THE COURT OF COMMON PLEAS OF REGINA MAINS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : CIVIL ACTION—LAW JEAN M. HECKMAN, • Defendant : NO. 12-6672 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 13th day of May, 2013, upon consideration of Defendant's Motion To Make Rule Absolute, and upon Plaintiff's failure to answer the Rule To Show Cause issued on April 3, 2013, the Motion To Make Rule Absolute is granted and Plaintiffs, Donald Mains and Regina Mains, shall provide Defendant, Jean M. Heckman, with full and complete Responses to Defendant's Interrogatories and Requests for Production of Documents within twenty (20) days of this Order or suffer such sanctions deemed appropriate by the Court. BY THE COURT, /// -) �. : i Li', r. / , _tom Christylee L. Peck, J. James DeSanto, Esq. 323 East Front Street Media, PA 19603 Attorney for Plaintiffs = - f= rn CC K -in D. Rauch, Esq.Sterling Parkway ' 00 `r''� Suite 306 "CCI' -- Mechanicsburg, PA 17050 _c Attorney for Defendant >` r`� :re m I tt ;� z i:,-4,-,:4` ° r * .fir I:-4'.:,,i'��n;9 F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, v. NO. 12-6672 JEAN M. HECKMAN, (Jury Trial Demanded) Defendant ORDER AND NOW, TO WIT, this day of , 2013, it is hereby ORDERED, ADJUDGED and DECREED that the Defendants' Motion for Sanctions is GRANTED. The Plaintiff's case is DISCONTINUED, with prejudice. BY THE COURT: J. Distribution List: James DeSanto, Esquire Law Offices of James DeSanto 323 East Front Street Media, PA 19603 (Attorney for Plaintiffs) Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie& Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Attorney for Defendant) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 6th day of June, 2013. James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant J DONALD MAINS and IN THE COURT OF COMMON PLEAS OF REGINA MAINS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION—LAW JEAN M. HECKMAN, Defendant NO. 12-6672 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 11th day of June, 2013, upon consideration of Defendant's Motion for Sanctions, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. IT IS FURTHER ordered that if Plaintiffs fail to answer this Rule, sanctions may be issued against them. BY THE COURT, Christy e L. Peck, J. Ja mes DeSanto Es q. 323 East Front Street Media, PA 19603 , Att rney for Plaintiffs Kevin D. Rauch, Esq. '=,s 100 Sterling Parkway Suite 306 - _T7 W Mechanicsburg, PA 17050 ' , _ Attorney for Defendant ' :rc CT es fy&; L� 7 ILi..'i�-t)F i''iQ► OYaO i , W3 tj CO U"" FE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, NO. 12-6672 V. Judge Christylee L. Peck JEAN M. HECKMAN, Defendant PRAECIPE TO WITHDRAW MOTION (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #19605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD MAINS and REGINA MAINS, CIVIL DIVISION Plaintiffs, V. NO. 12-6672 JEAN M. HECKMAN, (Jury Trial Demanded) Defendant PRAECIPE TO WITHDRAW TO: THE PROTHONOTARY Kindly withdraw Defendants' Motion for Sanctions in the above-captioned matter. Defendant received Plaintiff's responses to discovery requests on June 17, 2013. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: D//, Kevin D. Rauch, squire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to Withdraw Motion has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 20th day of June, 2013. James M. DeSanto, Esquire Law Office of James M. DeSanto 323 East Front Street Media, PA 19063 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: /Kevin D. Rauch, E uire Counsel for Defendant DONALD MAINS and IN THE COURT OF COMMON PLEAS OF REGINA MAINS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION—LAW JEAN M. BECKMAN, Defendant NO. 12-6672 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 25h day of June, 2013, upon consideration of Defendant's Motion for Sanctions, and this Court having issued a Rule To Show Cause and counsel having moved to withdraw the Motion for Sanctions, the motion is withdrawn and the Rule issued is deemed moot. No further response by Plaintiff is required. BY THE COURT, ChrisVee L. Peck, J. /James DeSanto, Esq. 323 East Front Street Media, PA 19603 Attorney for Plaintiffs C= rnw /Kevin D. Rauch, Esq. 100 Sterling Parkway 43 Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Ulf :rc