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HomeMy WebLinkAbout12-6719William P. Douglas, Esq. Supreme Court I.D.1i37926 Douglas Law 0.~ 43 West South Street Gettysburg, PA 17325 Telephone (717) 337-3111_ Samantha J. Rife 3070 Emmitsburg Rd. Gettysburg, PA 17325 vs ~~= ENE PRQ~HON©Tt ~~~ ZO1Z NOV -~ pM p~ ~UMB~R(,AND ~OUNT7 PENNS Y~.Vq NlA Plaintiffs In the Court of Common Pleas of Cumberland County, Pennsylvania No. 12 - (p ~ ~ ~ Civil Term Civil Action Law Jury Trial Demanded Defendant John A. Pumphrey 3916 Gwynns Falls Parkway Baltimore, NID 21216 Praecipe to Issue a Writ of Summons Dear Mr. Buell: Please issue a writ of summons against the defendant, John A. Pumphrey. William F. Douglas, Attorney for Pla Date: November 2, 2012 4' ld3 7 S ~ ~~ l~~ /b-~ Commonwealth of Pennsylvania County of Cumberland Samantha J. Rife 3070 Emmitsburg Rd. Gettysburg, PA 17325 Plaintiffs vs John A. Pumphrey In the Court of Common Pleas of Cumberland County, Pennsylvania No. 12 - ~ 7 / ~ Civil Term 3916 Gwynns Falls Parkway Civil Action Law Baltimore, MD 21216 Jury Trial Demanded Defendant Writ of Summons To: John A. Pumphrey 3916 Gwynns Falls Parkway Baltimore, MD 21216 You are hereby notified that Samantha J. Rife has brought an action against you. J~~ ~ ~. ~~~(~ November 2, 2012 William P. Douglas, Esq. Douglas Law Office 43 W. South St. Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff uty Prothonotary FILED-OFFICE STEPHEN 1.....EANKO,JR., ESQUIRE OF THE PROTHONOTARY • Pa.Supreme.Court I. D. NO.41727 MARGOOS EDELSTEIN 2813 DEC 18 P11 1 3510 Trindle Road Camp Hill,PA 17011 - CIIMOERLAND,COUNTY Telephone: (717)7604501 PENNSYLVANIA FAX (717)9754124 Attorney for Defendant, E-mail: sbanko@margolisedelstein.com John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, DOCKET NO. 12-6719. Plaintiff CIVIL ACTION - LAW V. ' JOHN A. PUMPHREY, JURY TRIAL DEMANDED Defendant 0414:40-:14i-44',;;,,,,;,A4z,5•,,t,,::,FRAECIREJTO;XN.T.ERAF,PEAPANP TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, John A. Pumphrey, in the • above-captioned matter. MA-G*, IS EbELSTEIN "7 Date r - : By .A • STE • N L. BANKO, JR. Attorney for Defendant, John A. Pumphrey GERTIFICATE..OESERVICEtP4T4' • ;„: .T.,':;,-„t'att I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 1: 17.r.jday of 'OQemiltibeA , 2013, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43.„1Alest South Street Carlisle, PA 17013 (Counsel for Plaintif,f) MARGOLISEDELSTEIN • t otiyi elviodi( Angela . Gaymar Legal Assistant 1 cr) 4=, ---7--"11 • P71 rn =,73 '• 7.11•• C) c =.". 1,J.1„;; • „ • • (x) 2 1.■■■1111■ FILED-OFFICE •• STEPHEN L.SANK°,JR., ESQUIRE riF THE PROTHONOTARY Pa.SupteMe Court I. D. No.41727 MARGOLIS EDELSTEIN ni 3 DEC I 8 Pli 12: 4 0 3510 Trindle Road Camp Hill, PA 17011 CUMBERLAND COUNTY • Telephone: (717)760-7501 ENNSYLVANIA FAX: (717)975-6124 P Attorney for Defendant, E-mail: sbankoAmaruolisedelstein.com John A.PuMphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, DOCKET NO. 12-6719 Plaintiff CIVIL ACTION - LAW V. JOHN A. PUMPFiREY, JURY TRIAL DEMANDED Defendant Actflea.44atTRAgPAgif:PP-Lf1.0. I;FPPIVI-EILAY00i-KOVIVMV:14,1i TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. MAr' OLIS EDELSTEIN Date: 15 By: • 1-,7rP 11 EN L. BANKO, JR. Attorney for Defendant, John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, DOCKET NO. 12-6719 Plaintiff CIVIL ACTION - LAW v. JOHN A. PUMPHREY, JURY TRIAL DEMANDED zZ Defendant 's > co . RULE r\) TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated:__ $/J3 P Ty 2 :;, ". ,.'„ " t'•4 c" ' ..■ • OF SgRYlc 7 • . I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all - counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the I day of D.Q unkv, 2013, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MARGOLIS EDELSTEIN \ -WItA■ivai(•- Angela I,. Gayman,tegal Assistant 3 STEPHEN L. BANKO,JR., ESQUIRE j ;, !i . Pa.Supreme Court I. D. No.41727 MARGOLIS EDELSTEIN ;j OTT 23 "'sue{ : I 3510 Trindle Road Camp Hill, PA 17011 `t iE'tiLA, 3 c 't Telephone: (717)760-7501 FAX: (717)975-8124 Attorney for Defendant, E-mail: sbanko @maroolisedelstein.com John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, DOCKET NO. 12-6719 Plaintiff CIVIL ACTION - LAW v. JOHN A. PUMPHREY, JURY TRIAL DEMANDED Defendant PROOF OF SERVICE The undersigned hereby certifies that a true and correct copy of Rule to File Complaint of Defendant, John A. Pumphrey, was served upon the person and in the manner indicated below: Service by First Class Mail William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MAR E IS EDELSTEIN• Date: ) -2-- 2/4. I l By: STET . BANKO, JR. Attorne/for Defendant, John A. Pumphrey CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the deday of D,e0V4 bei , 2013, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MARGOLIS EDELSTEIN � - K � Ang a G q/nayman, LegaAssistant 2 DOUGLAS LAW OFFICE `' 43 W. SOUTH ST. WILLIAM P.DOUGLAS,ESQ. CARLISLE PA 17013 � t � `` "` ' Supreme Court I.D.#37926 TELEPHONE 717-243-1790'#" �r°r, 'S �;`• Samantha J. Rife In the Court of Common Pleas of Plaintiff Cumberland County Pennsylvania vs No. 2012- 6719 Civil Term John A. Pumphrey Civil Action Law Defendant Jury Trial Demanded NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 -Q� ,DATE:January 6, 2014 BY _,,. Complaint 1. Plaintiff, Samantha J. Rife, is an adult individual residing at 3070 Emmetsburg Road, Adams County, Pennsylvania. 2. Defendant, John A. Pumphrey is an adult individual residing at 3916 Gwynns Falls Parkway, Baltimore, Maryland, 21216. 3. On or about November 6, 2010, the Plaintiff, Samantha J. Rife, was traveling on the Littlestown Road in Adams County, Pennsylvania. 4. At about the same time and place the defendant, John A. Pumphrey, was operating his vehicle on the same roadway and traveling in the same direction as the plaintiff when suddenly and without warning he struck the back of the vehicle operated by the plaintiff. 5. The collision that resulted between the vehicle of the defendant and the vehicle of the plaintiff was the direct and proximate result of the defendant's negligent conduct. 6. John A. Pumphrey failed to observe that the Plaintiffs' vehicle had stopped in front of him due to traffic conditions and struck the plaintiff. The harm suffered by the plaintiff was the direct and proximate result of the negligence of the plaintiff. 7. John A. Pumphrey's negligence consists of, though not limited thereto, the following: a. Failing to take evasive action to avoid an impact with Plaintiffs; b. Failing to have his vehicle under proper and adequate control; c. Failing to apply the brakes in time to avoid the collision; d. Failing to observe Plaintiffs' vehicle on the highway; e. Failing to yield the right-of-way to traffic already upon the road; f. Failing to drive within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361; g. Operating his vehicle in a careless disregard for the lives and property of others in violation of 75 Pa.C.S.A. §3714; h. Permitting or allowing his vehicle to strike and collide with the vehicle operated by the Plaintiff; and i. Failing to keep a proper lookout and see Plaintiffs' vehicle lawfully traveling on the roadway prior to the collision. 8. As a direct and proximate result of the negligence of Pumphrey as stated above, Plaintiff suffered physical injuries, including, but not limited to pain in her cervical spine, arm, hand and related structures. 9. As a direct and proximate result of the negligence of Pumphrey, Plaintiff was forced to incur medical bills and expenses for diagnosis and treatment of the injuries she has suffered and she may continue to incur medical expenses in the future. 10. As a direct and proximate result of the negligence of Pumphrey, Plaintiff may suffer a loss of her earnings and impairment of her earning capacity, and the loss of income and impairment of her earning capacity may continue in the future. 11. As a direct and proximate result of the negligence of Pumphrey, Plaintiff has undergone, and may in the future undergo pain and suffering, aggravation and inconvience, and a loss of life's pleasures. WHEREFORE, Plaintiff demands judgment against Defendant in excess of an amount requiring compulsory referral to arbitration, including costs of suit. A jury trial is hereby demanded. Respectfully submitted, \,S) .-- 4 William P. Douglas, •q. Attorney for Plai ,i ff January 6, 2014 AFFIDAVIT I hereby swear or affirm that he foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.§4904 relating to unworn falsification to authorities. January 6, 2014 STEPHEN L. BANKO,JR., ESQUIRE r.:. y`` `� r+l Yu j. ; 1 Pa.Supreme Court I. D. No.41727 MARGOLIS EDELSTEIN 2J I LI Ji' N 1 5 t.7111: 08 3510 Trindle Road Camp Hill, PA 17011 CUMBERLAND COUNTY Telephone: (717)760-7501 PENNSYLVANIA FAX: (717)975-8124 Attorney for Defendant, E-mail: sbanko @marciolisedelstein.com John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, DOCKET NO. 12-6719 Plaintiff v. CIVIL ACTION - LAW JOHN A. PUMPHREY, Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, JOHN A. PUMPHREY, TO PLAINTIFF'S COMPLAINT 1. Plaintiff commenced the above-captioned action by Praecipe for Writ of Summons. 2. Pursuant to a Rule to File Complaint, Plaintiff filed the Complaint on or about January 6,2014, and served it upon Defendant's counsel by electronic mail on January 11, 2014. A copy of said Complaint is attached hereto, incorporated herein by reference and marked as Exhibit A. 3. Plaintiff contends that she was injured and sustained damages as a result of a motor vehicle accident which occurred in Adams County, PA on or about November 6, 2010. 4. Despite the fact that this alleged injury occurred more than two years ago; that Plaintiff commenced the action by Praecipe for Writ of Summons; and that she has had more than twenty (20) days to file a Complaint after being ruled to do so, the Complaint is endorsed with a verification signed by counsel and not by the Plaintiff, as required by the Pennsylvania Rules of Civil Procedure. 5. Pa. R.C.P. No. 1019(a) provides that: The material facts upon which a cause of action or defense is based shall be stated in a concise and summary form. 6. Pa. R.C.P. No. 1024 provides in pertinent part as follows: (a) Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state that the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified. .... (c) The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by the party. 7. The verification signed by counsel does not state that the Plaintiff is outside the jurisdiction of this Honorable Court and that the verification of the Plaintiff could not be obtained within the time allowed for filing of the Complaint. Further, the verification does not state a reason that the verification could not be executed by Plaintiff. 8. The attorney's verification deprives Defendant of the right to test the credibility of Plaintiff with regard to the averments of fact contained in the Complaint. 2 9. The verification by counsel specifically fails to conform to the requirements of Pa. R.C.P. No. 1024(c), and therefore, the Complaint is properly stricken in accordance with Pa. R.C.P. No. 1028(a)(2) which provides that: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court .... WHEREFORE, Defendant, John A. Pumphrey, prays this Honorable Court enter an Order striking Plaintiff's Complaint pursuant to Pa. R.C.P. No. 1028(a)(2) for failure to comply with the requirements of Pa. R.C.P. No. 1024(c). ARt'• . EDELSTEIN / Date: I f S EP EN BANKO, JR. Attorney for Defendant, John A. Pumphrey 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the IL141h day of c 15(1AUCV 2014, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MARGOLIS EDELSTEIN Angela . Gayman, L al Assistant 4 ('i 1? j j lj w..` "Y -`) 'r;J V+ T i DOUGLAS LAW OFFICE r , �{ 43 W. SOUTH ST. � °�� 1 ' `a WILLIAM P.DOUGLAS,ESQ. CARLISLE PA 17013 " `�" YL_ ; Supreme Court I.D.#37926 TELEPHONE 717-2434790 Samantha J. Rife In the Court of Common Pleas of Plaintiff Cumberland County Pennsylvania vs No. 2012- 6719 Civil Term John A. Pumphrey Civil Action Law Defendant Jury Trial Demanded NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in. writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717) 249-3166 DATE: January 6, 2014 BY _� 111\ TRUE COPY FROM RECORD In T.--timc,ny whereof. I here unto set my hand and the seal of said Gaad at Carlisle, Pa.I This r'Y k f 6" "day of„ 7,::Q {'' ,h l ,t PCothonoiary Complaint 1. Plaintiff, Samantha J. Rife, is an adult individual residing at 3070 Emmetsburg Road,Adams County, Pennsylvania. 2. Defendant, John A. Pumphrey is an adult individual residing at 3916 Gwynns Falls Parkway,Baltimore,Maryland,21216. 3. On or about November 6, 2010, the Plaintiff, Samantha J. Rife, was traveling on the Littlestown Road in Adams County, Pennsylvania. 4. At about the same time and place the defendant, John A. Pumphrey, was operating his vehicle on the same roadway and traveling in the same direction as the plaintiff when suddenly and without warning he struck the back of the vehicle operated by the plaintiff. 5. The collision that resulted between the vehicle of the defendant and the vehicle of the plaintiff was the direct and proximate result of the defendant's negligent conduct. 6. John A. Pumphrey failed to observe that the Plaintiffs' vehicle had stopped in front of him due to traffic conditions and struck the plaintiff. The harm suffered by the plaintiff was the direct and proximate result of the negligence of the plaintiff. 7. John A. Pumphrey's negligence consists of, though not limited thereto, the following: a. Failing to take evasive action to avoid an impact with Plaintiffs; b. Failing to have his vehicle under proper and adequate control; c. Failing to apply the brakes in time to avoid the collision; d. Failing to observe Plaintiffs' vehicle on the highway; e. Failing to yield the right-of-way to traffic already upon the road; f. Failing to drive within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361; g. Operating his vehicle in a careless disregard for the lives and property of others in violation of 75 Pa.C.S.A. §3714; h. Permitting or allowing his vehicle to strike and collide with the vehicle operated by the Plaintiff;and i. Failing to keep a proper lookout and see Plaintiffs' vehicle lawfully traveling on the roadway prior to the collision. 8. As a direct and proximate result of the negligence of Pumphrey as stated above, Plaintiff suffered physical injuries, including, but not limited to pain in her cervical spine, arm, hand and related structures. 9. As a direct and proximate result of the negligence of Pumphrey, Plaintiff was forced to incur medical bills and expenses for diagnosis and treatment of the injuries she has suffered and she may continue to incur medical expenses in the future. 10. As a direct and proximate result of the negligence of Pumphrey, Plaintiff may suffer a loss of her earnings and impairment of her earning capacity, and the loss of income and impairment of her earning capacity may continue in the future. 11. As a direct and proximate result of the negligence of Pumphrey, Plaintiff has undergone, and may in the future undergo pain and suffering, aggravation and inconvience, and a loss of life's pleasures. WHEREFORE, Plaintiff demands judgment against Defendant in excess of an amount requiring compulsory referral to arbitration, including costs of suit. A jury trial is hereby demanded. Respectf . • ubmi ed, William P. Rouglas, :\q. Attorney for Plain f January 6, 2014 AFFIDAVIT I hereby swear or affirm that he foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. January 6, 2014 • IN, 011-11 i THE r ROT1j0,.d0 fr�kt 1014 JAN 27 I'M >4: 15 CUMBERLAND COUNTY William P.Douglas,Esq. PENNSYLVANIA Supreme Court I.D. #37926 Douglas Law Office 43 West South Street Carlisle,Pennsylvania 17013 Telephone(717)243-1790 Samantha J. Rife In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 2012 Civil Term 6719 John A. Pumphrey Defendant Civil action law Jury Trial Demanded Praecipe to Substitute Verification Dear Mr. Buell: Please append the attached Affidavit to the Complaint filed on January 6, 2012. 1 "Attomey q. fs Date:January 24, 2014 Affidavit I hereby swear, or affirm, that the information contained in the complaint filed in this matter on January 6, 2014 is true and correct to the best of my knowledge an/or information and belief. This is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. A Samantha Rife January 2014 rr'It P O_ i' F/Cc STEPHEN L. BANKO,JR., ESQUIRE ('11°Ti Pa.Supreme Court I. D. No.41727 814 J4 ,� i/? I MARGOLIS EDELSTEIN � ' P� f� 3510 Trindle Road CUNS�fi 35 Camp Hill,PA 17011 � �, �A1 Telephone:— (717)760-7501 Ns"fV: ��Ui7}' FAX: (717)975-8124 " Attorney for Defendant, E-mail: sbanko@maruolisedelstein.com John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, DOCKET NO. 12-6719 Plaintiff • v. CIVIL ACTION - LAW JOHN A. PUMPHREY, Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW THE PRELIMINARY OBJECTIONS OFDEFENDANT ',:JOHN A.,PUMPHREY,.TO,PLAINTIFF,S COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the Preliminary Objections of Defendant, John A. Pumphrey, filed on or about January 14, 2014, as Plaintiff has now filed a Praecipe to Substitute Verification. MAC' o IS DELSTEIN / • Date: � ‘ZA By: EPHE L. B NKO, JR. Attorney for Def-ndant, John A. Pumph ey t, CERTIFICATE OF SERVICE .. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the a 9 day of gam RQ,(/1 Ci , 2014, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MARGOLIS EDELSTEIN I m-Angela . Gayman, Leal Assistant • 2 . h ' :Li- � „ i7iLi, , I STEPHEN L.BANKO,JR., ESQUIRE fl '/-.: 'RUTHO O , i Pa.Supreme Court I. D. No.41727 MARGOLIS EDELSTEIN 2Qili FEB 20 PM }: 03 3510 Trindle Road Camp Hill, PA 17011 CUMBERLAND COUNTY Telephone: (717)760-7501 FAX: (717)975-8124 Attorney for Defendant, E-mail: sbanko@margolisedelstein.com John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, DOCKET NO. 12-6719 Plaintiff v. CIVIL ACTION - LAW JOHN A. PUMPHREY, , Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: SAMANTHA J. RIFE, PLAINTIFF do William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. MA°tu EDELSTEIN Z 19— q i Date: By• r P EN j_. BANKO, JR. Attorney for Defendant, John A. Pumphrey .« STEPHEN L. BANKO,JR., ESQUIRE Pa.Supreme Court I. D. No.41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill,PA 17011 Telephone: (717)760-7501 FAX: (717)975-8124 Attorney for Defendant, E-mail: sbankocE margolisedelstein.com John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, DOCKET NO. 12-6719 Plaintiff v. CIVIL ACTION - LAW JOHN A. PUMPHREY, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, JOHN A. PUMPHREY, TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendant, John A. Pumphrey ("Defendant"), is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph herein and, therefore, they are denied. 2. Admitted. 3. Admitted. 4. Denied as stated. It is admitted, however, that a vehicle being operated by Defendant struck the rear of a vehicle being operated by Plaintiff. 5. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 6. Admitted in part and denied in part. It is admitted that the vehicle being operated by Defendant struck a vehicle being operated by Plaintiff. However, all other allegations contained in this paragraphs state a legal conclusion to which no response is necessary. 7. a.—i. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 8. Denied. The Answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, with regard to any allegation that any conduct on the part of the Defendant caused, contributed to or increased the likelihood of any harm to Plaintiff, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 9. Denied. The Answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. 10. Denied. The Answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. 11. Denied. The Answer contained in paragraph 8 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, John A. Pumphrey, demand judgment in his favor and against Plaintiff. 2 A NEW MATTER 12. The Answers contained in paragraphs 1 through 11 hereof are incorporated herein by reference as if set forth in their entirety. 13. Plaintiffs claim, if any, is or may be barred by the applicable statute of limitations. 14. Plaintiffs claim, if any, is subject to or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant, John A. Pumphrey, demand judgment in his favor and against Plaintiff. MAR 'ELSTEIN Date: 2'a 19 ` 1'1 By: STET E 7L. B NKO, JR. Attorney for D-fendant, John A. Pumphrey 3 VERIFICATION I, John A. Pumphrey, have read the foregoing Answer and New Matter to Plaintiffs Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsifications to authorities,which provides that, if I knowingly make false averments, I may be subject to criminal senalties. f Date.. " _ � 1.1 i ` la *Fir A. MPH`'EY 6. • • CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the / � _ day of , 2014, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MARGOLIS EDELSTEIN ililt diA Angela . Gayman, Lei! :1 Assistant 4 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760 -7501 (717) 975 -8124 sbanko ar margolisedelstein.com FAX: E -mail: i t) OF I` ICE CF.-iHE.PI701HON0TAR V 21114 APR 25 .P$12: '47 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant, John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, Plaintiff v. JOHN A. PUMPHREY, Defendant DOCKET NO. 12 -6719 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION OF DEFENDANT TO COM ... PEL DISCOVERY =;PA. R.C.P. NO 4019 1. Plaintiff commenced the above - captioned action by Praecipe for Writ of Summons. 2. Pursuant to Rule to File Complaint, Plaintiff filed her Complaint on or about January 6, 2014. 3. On or about December 26, 2013, counsel for Defendant served upon counsel for Plaintiff, written Interrogatories and Request for Production of Documents. A copy of said Interrogatories and Request for Production of Documents are attached hereto, incorporated herein by reference and marked as Exhibits A and B, respectively. 4. With regard to Interrogatories, Pa. R.C.P. No. 4006(a)(2) provides in pertinent part that: The answering party shall serve a copy of the answers and objections, if any, within thirty days after service of the interrogatories. 5. Similarly, with respect to Requests for Production of Documents, Pa. R.C.P. No. 4009.12 provides that: The party upon whom the request [for production] is served shall within thirty days after the service of the request (1) serve the answer including objections to each numbered paragraph in the request; and (2) produce or make available to the parties submitting the request those documents and things described in the request to which there is no objection. 6. Nearly four (4) months have elapsed since the written Interrogatories and Request for Production of Documents were served upon Plaintiff and, to date, Plaintiff has not served verified written Answers to the Interrogatories nor has she served a verified written Response to the Request for Production of Documents or provided documents in response thereto. 7. Defendant is unable to prepare a defense to this action without Plaintiff providing full and complete verified written answers to the discovery requests. 8. Pa. R.C.P. No. 4019 provides that: (a)(1) The court may, on motion, make an appropriate order if: (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005; * ** (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to response to that inspection will be permitted as requested or fails to permit inspection as requested. 2 9. Plaintiff is represented by William P. Douglas, Esquire, Douglas Law Office 43 West South Street, Carlisle, PA 17013, PHONE: 717 - 243 -1790. 10. Defendant is represented by Stephen L. Banko, Jr., Esquire, Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011, PHONE: (717)760 -7501, FAX: (717)975 -8124. 11. By letter dated February 11, 2014, counsel for Defendant wrote to Plaintiff's counsel regarding the overdue discovery answers, stating that unless full and complete verified discovery answers were served within twenty (20) days, a Motion to Compel Discovery would be filed. A copy of said letter is attached hereto, incorporated herein by reference and marked as Exhibit C. 12. More than two (2) months have passed since February 11, 2014, and Plaintiff has not served verified Answers to Interrogatories nor a verified Response to the Request for Production of Documents. Furthermore, counsel for Plaintiff has made absolutely no effort to contact the undersigned counsel for Defendant to resolve this discovery dispute. 13. Accordingly, Defendant has no other alternative but to enlist the assistance of This Honorable Court in obtaining overdue discovery answers. WHEREFORE, Defendant, John Pumphrey, prays this Honorable Court enter an Order pursuant to Pa. R.C.P. No. 4019 compelling Plaintiff to serve, without objections, full and complete verified Answers to Interrogatories and a verified written Response to Request for Production of Documents within thirty (30) days of the date of said Order or face appropriate sanctions upon motion of Defendant. 3 Date: "\-.1k t By. 4 M &? G DLIS EDELSTEIN ST�H N L. BANKO, JR. Attorney for Defendant, John A. Pumphrey CERTIFICATE OF SERVICE''; I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first -class postage prepaid, on the t day of 2014, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MARGOLIS EDELSTEIN Angela . Gayman, Leg I Assistant STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOUS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 FAX: (717) 975-8124 E-mail: sbankoamargolisedelstein.com Attorney for Defendant, John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, Plaintiff v. JOHN A. PUMPHREY, Defendant DOCKET NO. 12-6719 CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT ADDRESSED TO PLAINTIFF - SET 1 TO: Samantha J. Rife, Plaintiff c,/o William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure No. 4005 to serve upon the undersigned within thirty (30) days from service hereof your answers in writing and under oath to the following Interrogatories. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your answers to said Interrogatories and the time of the trial of this case, you or anyone acting on your behalf learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish the same to the undersigned by supplemental answers. DEFENDANT'S EXHIBIT B : 2 MAROLIS EDELSTEIN S PHE . BANKO, JR. Attorney for Defendant, John A. Pumphrey DEFINITIONS As used in these Interrogatories, the words and terms set forth below shall be defined as follows: (a) "Person" has its customary broad meaning and shall also include any human being, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization or entity. (b) "Identify" or "identity" when referring to an individual means to state his/her: (1) full name; (2) social security number; (3) present address; (4) present home telephone number; (5) present business address; and, (6) present business telephone number. (c) "Identify" or "identity" when referring to a document means to: (1) state the type of document (e.g. record, report, letter, memoranda, telegram, chart, photograph), its date, its title (if any), its identifying number, a generalized summary of the subject matter of the contents of the document, and its present location; and, (2) identify each person who prepared it, each person for whom it was prepared, each person to whom it was sent, and each person who presently has custody of the original or copies thereof. (d) "Identify" or "identity" when referring to a claim, action or other legal proceeding, means to set forth the name of the court or other tribunal involved with the legal proceeding, the date on which the legal proceeding was commenced and the docket 3 number or other index number assigned by the tribunal to identify the legal proceeding. (e) "Describe", "specify", and/or "state" shall mean to set forth fully and unambiguously, using professional words of art if necessary, each and every fact relevant to the matter requested by the Interrogatory. (f) "Document" includes any written, recorded or graphic matter however produced or reproduced including but not limited to correspondence, telegrams, other written communications, contracts, agreements, notes, reports, records, x-rays, memoranda, photographs, tape recordings or any other writing, including copies of any of the foregoing presently or previously in your possession, custody or control. (g) "Statement" includes any written statement signed or otherwise adopted or approved by the person making it. It includes the stenographic, mechanical, electrical, or other method of recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (h) "Accident" means, unless otherwise indicated, the accident that gives rise to this action. 1. Please identify yourself and state your date and place of birth, your marital status at the time of the accident which forms the basis of this action, your present social security, number, Medicare and /or Medicaid numbers, your Blue Cross and Blue Shield group number and agreement number and, if you were ever in the Armed Forces, please state the dates, the branch of service, your rank at discharge, whether you had any infirmities at discharge, whether you have any claim or are receiving benefits for any infirmities from said service, your Identification service number and your Veterans "C" number. 5 2. if you suffered or were examined for any injury, illness, disease or abnormality within the ten (10) years prior to the accident upon which this action is based, specify the nature of each such injury, illness, disease or abnormality, when, where and how each such injury, illness, disease or abnormality was sustained, and the names and address of all medical personnel and medical care facilities having any connection with the treatment of each such injury, illness, disease or abnormality, the nature of such treatment and the date upon which such treatment was rendered. 6 3. If you suffered or were examined for any injury, illness, disease or abnormality of any kind at any time prior to the accident upon which this action is based involving any part or function of the body claimed to have been injured in the accident which constitutes the basis of this action, specify the nature of each such injury, illness, disease or abnormality, when, where and how each such injury, illness, disease or abnormality was sustained, and the names and addresses of all medical personnel and all medical facilities in any way connected with the treatment of each such injury, illness, disease or abnormality, the nature of such treatment and each date upon which such treatment was rendered. 7 4. If you have ever asserted a claim or filed suit for any purpose including, without limitation, a claim for injury, damage, property damage, or disability, workmen's compensation or occupational disease to obtain benefits, identify the claim or suit, the nature of the injuries alleged in each such suit, the period during which you were disabled, and, if said suit has been terminated, state the results of the trial or settlement, including the amounts of each recovery or settlement, if any. 8 5. State the name and address of your family physician at the time of the accident upon which this action is based, the approximate number of visits made in the year preceding said treatment and the reason for each such visit. 9 6. State in detail what injuries you claim you sustained as a result of the accident upon which this action is based, the dates confined to bed by your injuries, the dates confined to your house by your injuries, the date you recovered from each particular injury and if you are not fully recovered, please describe in what respect you are still affected by your injuries, disabilities and complaints. 10 7. If you claim a permanent injury resulting from the accident upon which this action is based, describe such injury fully and in detail and the treatment you have received and the treatment you are currently receiving for such residual injury or disability, including the identity of all medical personnel presently involved in your treatment, where such treatment is being rendered, the nature of the treatment and how frequently such treatments are given. 11 State the names and addresses of all medical facilities in which you have been confined or through which you have received outpatient treatment as a result of your injuries, the dates of each such confinement or treatment, the general nature of the treatment in each, the charges for same, and the amount that has been paid. 12 State the names and addresses of all medical personnel who have rendered treatment or service to you because of the injuries referred to in your answers to Interrogatories Nos. 6 and 7, the dates of such treatment or service, where such treatment or service was rendered, the general nature of each treatment or service, the charges for each treatment or service, and the amount that has been paid as to each. 13 10. Identify all medical personnel who were consulted by you in connection with the accident upon which this action is based or the injuries you claim to have resulted from said accident, and state, when, where and for what purpose each such person was consulted. 14 11. State your contentions as to the liability of each defendant as well as the specific facts known to you upon which you base each claim of negligence alleged in this action. 15 12. If you have received any medical, hospital or x -ray reports from any medical facility or medical personnel concerning the injuries alleged to have been caused by the accident upon which this action is based, identify such report, where and when each report was received, the person from whom each report was received, the person who has custody or possession of each report or any copy thereof, and whether each report was written or oral. 16 13. Identify all individuals, insurance adjusters, attorneys, parties or others who have conducted any investigation or review of medical or legal literature with respect to the issues involved in this case and whether you will produce or have produced at a mutually convenient place and time the results of the investigation (without disclosing the mental impressions of the party's attorney or his conclusions, opinion, memoranda, notes or summaries, legal research or legal theories or, with respect to the representative of the party, without disclosing his mental impressions, conclusions or opinions respecting the value or merit of the claim or defense or respecting strategy or tactics). 17 14. If you have obtained from any person or person any oral or written statements or documents concerning the accident upon which this action is based or if you have given any such statements or documents to anyone, specify the identity of each such person, when, where and by whom each such statement or document was obtained or made, whether each such statement or document was oral or written and the identity of the person who has custody or possession of each such statement or document. 18 15, If the injuries you allege in this action were caused in whole or in part by sickness, disease, abnormality or injury other than the injuries you claim resulted from the accident upon which this action is based, specify the nature of each such sickness, disease, abnormality or injury and how each affected you, whether there are any medical, x-ray, hospital or other reports which indicate the nature of each such sickness, disease, abnormality or injury and how each affected you and, if so, state where and when each such report was made, the identity of the person who made each such report, each person who has custody or possession of each such report and whether you have been furnished any such information in any way other than by the documents referred to in this Interrogatory and, if so, how, when, where and by whom. 19 16. Describe any conversations, whether held in person or using any device of communication, between or among any defendant and any other person pertaining to the subject matter of this action by stating the date, time and place of each such conversation and exactly what was said by each person privy to each conversation if you can, and if you cannot, summarize as accurately as you can each such conversation. 20 17. If you or anyone to your knowledge are in possession of any photographs, drawings, sketches, plans, documents or blueprints relating to the subject matter of this action, including, but not limited to, the area involved in the accident upon which this action is based, the local or surrounding area of this site of said accident, the injuries you allege in this action, or any other matter or thing involved in the accident, state the date each such photograph, drawing, sketch, plan, document or blueprint was taken or prepared, the name and address of the party taking or making it, where it was taken or made, the object(s) or subject(s) or the particular site or view it represents, its present whereabouts and the name and address of the person who has possession or custody of each or any copy or print thereof. 21 18. Identify all persons who you know or believe witnessed all or any part of the accident upon which this action is based, were present at or near or within the sight or hearing of the scene of the accident upon which this action is based and/or has any knowledge of the injuries you claim to have resulted from said accident. 22 19. With respect to each of the persons named in your answer to the preceding Interrogatory, state his exact location at the time of said accident or other relevant time and the activity in which he was engaged at the time of said accident or other relevant time. 23 20. Identify any and all fact witnesses who have any knowledge whatsoever pertaining to the issues involved in the instant case, as well as any and all potential witnesses or individuals whom you may call at trial and who have not heretofore been identified, including the name, place and manner of contact between the potential witness and the parties, the substance of facts to which the witness could testify if called by any party, and method of discovery of the potential witnesses, the purpose of the witness' testimony (if applicable) and whether any statement or summary or written memoranda has been taken with respect to the potential witness and if so, who has possession of that statement or document at the present time. (Please attach a copy of the same without the necessity of filing a formal request for production of documents). 24 21. Identify all other witnesses other than those identified in the foregoing Interrogatories who you will call to testify at trial and with respect to each such witness, summarize all of the testimony they will offer. 25 22. Please specify the damages you claim by itemizing lost earnings, loss of earning capacity, all medical expenses, expenses incurred for rehabilitation and custodial care, future losses and all other elements of special damage. 26 23. If you sustained any financial loss as a result of the accident upon which this action is based, other than those covered by the preceding Interrogatories, specify the nature, dates and amounts of such losses; and if a claim is being made for nursing service or household help, identify each such person employed, the period of employment, the amounts of the charges for the services, the amounts actually paid and whether you have retained any bills, canceled checks or copies thereof reflecting such charges. 27 24. If you have no claim for loss of earnings or earning power, do not answer this or the following five Interrogatories and merely state "no claim ". If, during the five years preceding the accident which is the subject matter of this action, you were employed by another, please state, for that five year period, the name and address of each employer, the job title or classification of your work for each employer, the dates of your employment with each employer, the amount of salary or wages received from each employer during each calendar year, the weekly, monthly or annual wage or rate of pay received from each employer, and the exact weekly, monthly or annual wage or rate of pay being received from your employer at the time of said accident. 28 25. If, during the five years preceding the accident upon which this action is based, you were engaged in a business as a partner with others, identify each of the other partners or associates, the name and address of the partnership, the type of business engaged in by the partnership, the dates during which such partnership or association operated, and the exact amount of income and other benefits distributed to you from the partnership for each of the five years, stating specifically the income during each year and the amount received during the last calendar year in which the accident occurred up to the time thereof. 29 26. If, during the five years preceding the accident, upon which this action is based, you were self-employed, identify the business, the nature of the business, and your exact income, gross and net, from the business for each of the five years stating specifically the income during each year and the income earned during the calendar year in which the accident occurred up to the time thereof. 30 27, For the five years prior to the accident which constitutes the basis for this action and for each of the years since that date, state the name in which your federal income tax return was filed, your gross income, adjusted taxable net income, and for each such year, the aggregate gross income stated on W-2 forms attached to your federal income tax return; if you did not file a federal income tax return, supply the requested information as contained on your state and local income tax returns. 31 28. If you claim that you were unable to work as a result of the accident upon which this action is based, specify the dates you were unable to work and the reasons you were unable to work. 32 29. If you claim that you have not been able to perform your work satisfactorily as a result of the accident upon which this action is based, specify the dates you were unable to perform, the duties you were unable to perform, the manner in which you were prevented from performing those duties, and the identity of all persons having knowledge of same including your supervisors or employers. 33 30. Identify any insurance company, association, exchange or benefit society or groups which have paid any health, sickness, accident, medical, disability or life insurance benefits arising out of the accident which forms the basis of this action, specify the amount and dates of such payments and specify the nature and extent of any subrogation interest claimed or asserted. 34 31 If your claim in this action is based in whole or in part upon expert opinion, please identify each and every expert you expect to call at trial, his profession or occupation, the subject matter upon which the expert will testify, the substance of the facts and opinions to which the expert will testify, a summary of the grounds for each opinion of the expert, the date upon which you first contacted the expert, the author, title, date and publisher of any article, text, part of a text, treatise, paper, speech, or any other source of medical information upon which the expert will rely in expressing his opinion and identify all claims or actions in which such person has served as an expert witness. 35 32. For each expert identified in the previous Interrogatory, please state the expert's age, present professional affiliations and employment, prior educational background, the titles and dates of publication of any article, text, part of a text, treatise, paper or speech authored by the expert or to which the expert contributed. 36 33. Specify all educational and training institutions which you attended including the dates of attendance, degrees awarded and the reasons for leaving if no degree was awarded. 37 34. State whether you are or at any time were married, and with regard to each marriage, identify each spouse, specify the dates of each marriage and describe the dates and circumstances regarding the termination of any marriage. 38 35. Identify each of your children and all persons to whom you are providing support; specify the name, address and birth date of each person; and describe the nature of the support you are providing. 39 36. If you claim property damage as a result of the accident, identify the property that was damaged, describe the nature of the damage, and specify the amount of the damage. 40 37. If you were in a motor vehicle at the time of the accident, was it equipped with seat belts? If so, were you wearing a seat belt at the time of the accident? 41 38. Please state whether you have elected the limited or full tort option and state with specificity the name of your private passenger automobile insurance company and its address. r Date: By: 42 MAR ISL DELSTEIN E ANKO, JR. Attorney f r Defendant, John A. Pumphrey L CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the counsel of record by placing the same in the United States mail Pennsylvania, first-class postage prepaid, on the )(.0-hday of 2013, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) foregoing on all at Camp Hill, MARGOLIS EDELSTEIN Angela tvi. Gayman, L 43 STEPHEN L BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: FAX: E -mail: (717) 760 -7501 (717) 975 -8124 sbanko(maruolisedelstein.com Attorney for Defendant, John A. Pumphrey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, Plaintiff v. JOHN A. PUMPHREY, Defendant DOCKET NO. 12 -6719 CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT ADDRESSED TO PLAINTIFF - SET I. TO: Samantha J. Rife, Plaintiff do William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant, John A. Pumphrey, requests that Plaintiff produces the documents hereinafter described and permit Defendant, through his attorneys, to inspect them and copy such of them as they may desire. Defendant requests that the documents be made available for this inspection at the offices of Defendant's attorney located at 3510 Trindle Road, Camp Hill, Pennsylvania, within thirty (30) days of the date of service hereof. Defendant's attorneys will be responsible for these documents as long as they are in their possession. Copying will be done at Defendant's expense and the documents will be properly returned after copying has been completed. DEFENDANT'S t EXHIBIT This request is intended to cover all documents in the possession, custody and control of Plaintiff, his agents, employees, insurance carriers and attorneys and is considered to be continuing. Plaintiffs response to the Request should be modified or supplemented as Plaintiff, and/or her attorneys obtain further additional documents up to the time of trial. Requested documents are more particularly itemized and described as follows: 1. Produce a true and correct copy of any and all investigative reports, test results, summaries, records, drawings, sketches or photographs of the incident involved in the above-referenced case, or in any way pertaining to the events surrounding it, or in any way pertaining to the facts which will be adduced by and on behalf of Plaintiff at the trial of this case. If any documents are in color, color copies should be provided. 2. Produce true and correct copies of all statements, or memoranda of statements, of any and all persons who will be called as a witness at the trial of this case. 3, Produce true and correct copies of all statements or memoranda of statements, of any party, his/her agent, or employees, concerning the subject matter of this case and the events surrounding it. 4. Produce true and correct copies of the report of any expert retained by you and/or your attorney in connection with this case. 5. Produce the curriculum vitae of your expert witnesses and a list of all of their publications. 6. Produce any and all other documents prepared by each expert identified together with all correspondence between said expert and you and/or your agent, attorney or anyone acting on your behalf. 2 7. Produce any and all documents or papers of any kind which would have any probative value on Plaintiffs behalf in connection with this case, or which will be introduced at the trial of this case. 8. Produce any and all medical bills, records, reports, hospital reports, hospital charts, physician's reports, x-ray of or diagnostic studies, reports of such studies and all medical bills concerning the injuries and damages allegedly sustained by the Plaintiff which pertain to the claims made in this case. 9. Produce a copy of any document which establishes Plaintiffs selection of the limited or full tort option as set forth in Act 6 of 1990. Date: 7 2 By: EDELSTEIN N L. BANKO, JR. Attorney for Defendant, John A. Pumphrey CERTIFICATE. OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the -day of reinbvi 2013, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MARGOLIS EDELSTEIN VC 161M Angela M ayman, 4 W(, eg MARGOLIS EDELSTEIN ATTORNEYS AT LAW www.margolisedelstein.com HARRISBURG OFFICE:* 3510 TRINDLE ROAD CAMP HILL, PA 17011 717.975 -8114 Fax 717- 975 -0124 PHILADELPHIA OFFICE:• THE CURTIS CENTER 170 S. INDEPENDENCE MALL W. SUITE 400E PHILADELPHIA, PA 19106 -3337 215-922-1100 PITTSBURGH OFFICE: 525 WILLIAM PENN PLACE SUITE 3300 PITTSBURGH, PA 15219 412-281-4256 WESTERN PENNSYLVANIA OFFICE: 983 THIRD STREET BEAVER, PA 15009 724 -774 -6000 SCRANTON OFFICE: 220 PENN AVENVE SUITE 305 SCRANTON, PA 18503 570- 342 -4231 CENTRAL PENNSYLVANIA OFFICE: P.O. Box 628 HOLLIDAYSBURG, PA 16648 814-695-5064 SOUTH NEW JERSEY OFFICE:* 100 CENTURY PARKWAY SUITE 200 PO Box 5084 MOUNT LAUREL, NJ 08054 856 -727 -6000 NORTH NEW JERSEY OFFICE: CONNELL CORPORATE CENTER 400 CONNELL DRIVE SUITE 5400 BERKELEY HEIGHTS, NJ 07922 908-790 -1401 DELAWARE OFFICE: 300 DELAWARE AVE. SUITE 800 WILMINGTON, DE 19801 302 -888 -1112 • MEMBER OF THE HARMONIF GROUP Writer: Stephen L. Banko, Jr., Esquire** Direct Dial: (717)780 -7501 E -Mail: sbankof imaroollsedelstein.com February 11, 2014 William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 Re: Rife v. Pumphrey Cumberland CCP: 12 -6719 Our File No. 21500,400054 Dear Bill: Under cover dated December 26, 2013, I served upon you, as counsel for Plaintiff, Interrogatories and Request for Production of Documents. Your client's Answers are now overdue. Unless receive full and complete verified Answers to the Interrogatories and a verified Response to Request for Production of Documents within twenty (20) days of the date of this letter, I will have no other alternative but to file a Motion to Compel Discovery. I would like to avoid the unpleasantries associated with motions practice. Accordingly, should you require additional time to provide that which is overdue, please feel free to contact me. /amg St T. h 1 . Banko, Jr. "Certified as a Civil Trial Advocate by the National Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency IDEFENDANT'S k EXHIBIT a /1 a 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, v. JOHN A. PUMPHREY, Plaintiff Defendant DOCKET NO. 12-6719 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this -5 0 day of , 2014, upon consideration of the Motion of Defendant to Compel Discovery pursuant to Pa. R.C.P. No. 4019, a Rule to Show Cause is issued upon Plaintiff to show cause, if any she has, why the relief sought in Defendant's Motion should not be granted. Rule returnable 0 days from the date hereof. BY THE COURT: Distribution List: P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 ...../grephen L. Banko, Jr. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Cc; /72 ta_., 30/1V J. STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: --- (717) 760-7501 FAX: (717) 975-8124 E-mail: sbanko@maroolisedelstein.com F "HE PRO 2014 NON° i*Aff • NAY 23 PIT 2: 1 2 J18ErL,EWNND SYLVACOUNrY Attorney for Defendant, NIA Pumphrey John A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAMANTHA J. RIFE, v. JOHN A. PUMPHREY, Plaintiff Defendant DOCKET NO. 12-6719 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly withdraw the Motion of Defendant, John A. Pumphrey, in the above -captioned matter as moot as Plaintiff has now served discovery answers. Date: By: MAL1L ISLDELSTEIN STEP E L. ANKO, JR. Attorney for Defendant, John A. Pumphrey CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the Unite States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of KJIA 2014, and addressed as follows: William P. Douglas, Esquire Douglas Law Office 43 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) MARGOLIS EDELSTEIN 0-1 Angela M. ayman, Legal ssis ant 2