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HomeMy WebLinkAbout12-7307IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2012 - "/ 30'`( e i ~ ~~.~EfL'rl Civil Action (XX) Law ( ) Equity TARIK CASTEEL THERON JEFF GOLDEN 2335 DERRY STREET 3610 GOLFVIEW DRIVE HARRISBURG, PA 17104 pECHANICSBURG, PA 17050 and LISA CASTEEL 2335 DERRY STREET HARRISBURG, PA 17104 v. Plaintiffs and MELISSA BLACKMAN 3610 GOLFVIEW DRIVE MECHANICSBURG, PA 17050 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff - :. ~ +~ ~= Andrew C Spears Handler Henning & Rosenberg, LLP rn~ o ---ry ~ ~~ ~ ~- 00 Linglestown Road, Suite 2 3 Si nature of A e Harrisburg PA 17110 9 y ~~ `''~ can ~ ct ` 'z-~~ 5717) 238-2000 Supreme Court ID No. 87737 ~~ ca ~, , Name/Address/Telephone No. of Attomey Date: November 30, 2012 ~'~. ° ~ ~ ~' ° ~ ~ WRIT OF SUMMONS ~ '~_~ ~ .. TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED N ACTION AGAINST YOU. Prothon~ary !~ 1 Date: ~ E C 3 ~ n l o~_ _ ~)L. -~puty . ( )Check here if reverse is used for additional information PROTHON. - 55 S ~~03. ys ~~~-~ c~ a~~9 LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI,ESQUIRE Luisa_F_Borelli @Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants, 610-276-4962 Melissa Blackman and Theron Golden HC FILE 015J2-11092 LISA CASTEEL and TARIK CASTEEL COMMON PLEAS CUMBERLAND COUNTY rn 4 -- 22 v. rn .. �+ 4 MELISSA BLACKMAN and THERON r 7-1 @; GOLDEN <NO. 2012-7307 -z E) r _._ c; s=' ENTRY OF APPEARANCE c n w TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Melissa Blackman and Theron Golden in the above-captioned matter. LAW OFFICES OF HUBSHMAN&FLOOD BY: LUISA F. BORELLI,ESQUIRE Attorney for Defendants, Melissa Blackman and Theron Golden DATE: `� Z�� LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI, ESQUIRE Luisa_F_Borelli @Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 -Attorney for Defendants, 610-276-4962 Melissa Blackman and Theron Golden HC FILE 015J2-11092 LISA CASTEEL and TARIK CASTEEL COMMON PLEAS CUMBERLAND COUNTY V. 2g MELISSA BLACKMAN and THERON MW =-rl 1�rrl C= GOLDEN NO. 2012-7307 2 m r- PRAECIPE TO FILE COMPLAINT ca TO THE PROTHONOTARY: CA Please enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days�e-re(;#- or suffer the Entry of Judgment Non Pros. LAW OFFICES OF HUBSHMAN&FLOOD BY: LUISA F. BORELLI,ESQUIRE Attorney for Defendants, Melissa Blackman and Theron Golden DATE: 13 RULE TO FILE COMPLAINT AND NOW, this qA day of 1tc1 20/3 , a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days hereof or suffer the Entry of Judgment Non Pros. PROTHONOTARY. Tij1E PROT110tio TA t�y JUL -9 Am I,: 'UtVERLAND COUNTY PEhI14SYLVANIA Andrew C.Spears,Esquire I.D.No.72663 HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road,Suite 2 Harrisburg,PA 17110 Telephone: (717)238-2000 Attorney for Plaintiffs Fax: (717)233-3029 E-mail: Held@HHRLaw.com TARIK CASTEEL and LISA CASTEEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff NO.:2012-7307 V. THERON JEFF GOLDEN and CIVIL ACTION-LAW MELISSA BLACKMAN, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Andrew C.Spears,Esquire I.D.No.72663 HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road,Suite 2 Harrisburg,PA 17110 Telephone: (717)238-2000 Attorney for Plaintiffs Fax: (717)233-3029 E-mail: Held@HHRLaw.com TARIK CASTEEL and LISA CASTEEL, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff NO.:2012-7307 vi. THERON JEFF GOLDEN and CIVIL ACTION-LAW MELISSA BLACKMAN, Defendants AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mAs adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dfas despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentaclas aqui en contra suya. Se le advierte de clue si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reciamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. Sl LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. S1 USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 7,17-249-3166 Andrew C.Spears(PA 87737) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road,Suite 2 Harrisburg,PA 17110 Ph.717.23 8.2000 Fax 717.233.3029 spears @hhrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TARIK CASTEEL&LISA CASTEEL, Plaintiffs, NO.: 2012—7307 V. THERON JEFF GOLDEN& CIVIL ACTION—LAW MELISSA BLACKMAN, Defendant. COMPLAINT AND Now come Plaintiffs, Tarik Casteel and Lisa Casteel ("Mr. & Mrs. Casteel"), by and through their attorneys, HANDLER, HENNING, & ROSENBERG, LLP, by Andrew C. Spears, Esq., and make the within Complaint against Defendants, Theron Jeff Gorden ("Defendant Gorden") and Melissa Blackman ("Defendant Blackman") (collectively, "Defendants"), and aver as follows: 1, Mr. Casteel is a competent adult individual currently residing with his wife, Mrs. Casteel, at 2335 Derry Street, Harrisburg, Dauphin County, Pennsylvania. 2. Mrs. Casteel is a competent adult individual currently residing with her husband, Mr. Casteel, at 2335 Derry Street, Harrisburg,Dauphin County, Pennsylvania. 3. Defendant Gorden is, upon information and belief, a competent adult individual with a last known address of 3610 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant Blackman is,upon information and belief, a competent adult individual with a last known address of 3610 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 5. At all times material hereto, Defendant Gorden was operating a 2010 Ford Edge, owned by Defendant Blackman, and bearing Pennsylvania registration number HHJ7190 ("Defendant Blackman's vehicle"). 6. At all times material hereto, Mr. Casteel was a passenger in Defendant Blackman's vehicle. 7. At all times material hereto, it was daylight. 8. At all times material hereto, it was snowing and the roadway was icy. 9. On or about January 26, 2011, Defendant Blackman's vehicle was traveling westbound in the left lane of State Route 283 in Mount Joy Township, Lancaster County, Pennsylvania. 10. Suddenly and without warning, Defendant Gorden lost control of Defendant Blackman's vehicle, striking a tractor-trailer in the right lane before leaving the roadway. 11. As a direct and proximate result of Defendants' negligence, Mr. & Mrs. Casteel sustained damages as set forth more specifically below. 2 COUNT I—NEGLIGENCE Tarik Casteel v. Theron Jeff Gorden 12. All prior paragraphs are incorporated herein as if set forth fully below. 13. The occurrence of the aforementioned collision and all the resultant injuries to Mr. Casteel are the direct and proximate result of Defendant Gorden's negligence, generally and more specifically as set forth below: a. In driving Defendant Blackman's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S. § 3714; b. In failing to exercise reasonable care in the operation and control of Defendant Blackman's vehicle, in violation of 75 Pa. C.S. § 3714; C. In failing to properly regulate the speed of Defendant Blackman's vehicle so as to prevent a collision; d. In failing to operate Defendant Blackman's vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa. C.S. § 3361; e. In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S. § 3361; f. In failing to have sufficient control of Defendant Blackman's vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or anything likely to arise under the circumstances; 3 g. In failing to operate Defendant Blackman's vehicle at a speed that was safe under the circumstances, in violation of 75 Pa. C.S. § 3361; and h. In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Defendant Blackman's vehicle under such control that injury to persons or property could be avoided. 14. As a direct and proximate result of Defendant Gorden's negligence, Mr. Casteel has: a. Suffered personal injuries including, but not limited to, injuries to his neck,his left hip, and his left shoulder; b. Suffered a loss of income; C. Undergone medical care for the aforesaid injuries; d. Suffered physical pain, discomfort, and mental anguish to his physical, emotional, and financial detriment and loss; e. Been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention; f. Suffered a loss of life's pleasures to his detriment and loss; and, g. Been hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. 15. Mr. Casteel believes, and therefore avers, that his injuries are permanent and serious. 4 WHEREFORE, Plaintiff, Tarik Casteel, seeks damages from Defendant, Theron Jeff Gorden, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II—NEGLIGENT ENTRUSTMENT Tarik Casteel v. Melissa Blackman 16. All prior paragraphs are incorporated herein as if set forth fully below. 17. At the time of the collision, Defendant Gorden was operating Defendant Blackman's vehicle with the express and implied permission of its owner, Defendant Blackman. 18. Defendant Blackman knew, or should have known, that Defendant Gorden would be operating Defendant Blackman's vehicle in a negligent manner. 19. The aforementioned collision and the resultant injuries to Mr. Casteel were the direct and proximate result of the negligence of Defendant Blackman in negligently entrusting her vehicle to Defendant Gorden and in allowing him to operate her vehicle when she knew, or should have known, that he was not fit and competent to operate the motor vehicle in a safe manner. 20. Defendant Blackman knew, or should have known, of Defendant Gorden's propensity to operate motor vehicles as follows: a. without being reasonably vigilant to observe the road and traffic conditions; b. without proper and adequate control; C. without properly regulating his speed so as to prevent a collision; and, d. without reasonable care in the operation and control of the vehicle. 5 21. As a direct and proximate result of Defendant Gorden's negligence, Mr. Casteel has: a. Suffered personal injuries including, but not limited to, injuries to his neck,his left hip, and his left shoulder; b. Suffered a loss of income; C. Undergone medical care for the aforesaid injuries; d. Suffered physical pain, discomfort, and mental anguish to his physical, emotional, and financial detriment and loss; e. Been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention; f. Suffered a loss of life's pleasures to his detriment and loss; and, g. Been hindered from attending to his daily duties and chores, to his detriment, loss,humiliation, and embarrassment. 22. Mr. Casteel believes, and therefore avers, that his injuries are permanent and serious. WHEREFORE, Plaintiff, Tarik Casteel, seeks damages from Defendant, Melissa Blakman, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III—LOSS OF CONSORTIUM Lisa Casteel v. Theron Jeff Gorden 23. All prior paragraphs are incorporated herein as if set forth fully below. 24. At all times material hereto, Mr. & Mrs. Casteel were lawfully married as husband and wife. 6 25. As a direct and proximate result of Defendant Gorden's negligence, Mrs. Casteel has suffered a loss of consortium, society, and comfort from her husband, Mr. Casteel, and she will continue to suffer a similar loss in the future. 26. As a direct and proximate result of Defendant Gorden's negligence, Mrs. Casteel has been compelled, in order to effect a cure for her husband's injuries, to spend money for medicine and medical attention and she will be required to spend money for the same purposes in the future,to her detriment and loss. WHEREFORE, Plaintiff, Lisa Casteel, seeks damages from Defendant, Theron Jeff Gorden, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV—LOSS OF CONSORTIUM Lisa Casteel v. Melissa Blackman 27. All prior paragraphs are incorporated herein as if set forth fully below. 28. At all times material hereto, Mr. & Mrs. Casteel were lawfully married as husband and wife. 29. As a direct and proximate result of Defendant Blackman's negligence, Mrs. Casteel has suffered a loss of consortium, society, and comfort from her husband, Mr. Casteel, and she will continue to suffer a similar loss in the future. 30. As a direct and proximate result of Defendant Blackman's negligence, Mrs. Casteel has been compelled, in order to effect a cure for her husband's injuries, to spend money for medicine and medical attention and she will be required to spend money for the same purposes in the future,to her detriment and loss. WHEREFORE, Plaintiff, Lisa Casteel, seeks damages from Defendant, Melissa Blackman, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER,HENNING&ROSENBERG,LLP Date: July 8, 2013 By: C� Andrew C. Spears 7737) Attorneys for Plaintiffs 8 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by us and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the document are that of counsel, we have relied upon our counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Tarik Casteel Lsa Casteel LAW OFFICES OF HUBSHMAN & FLOOD BY: LUISA F. BORELLI,ESQUIRE Luisa_F_Borelli @Progressive.com Attorney Identification No. 91620 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants, 610-276-4962 Melissa Blackman and Theron Golden HC FILE 015J2-11092 LISA CASTEEL and TARIK CASTEEL COMMON PLEAS + CUMBERLAND COUNTS �i � �'r= v. r-- -0 rn r � v nsw o MELISSA BLACKMAN and THERON GOLDEN NO. 2012-7307 n JURY DEMAND 7 �- TO THE PROTHONOTARY: Defendants, Melissa Blackman and Theron Golden, demand trial by twelve (12)jurors. LAW OFFICES OF HUBSHMAN&FLOOD BY: LUI `. B Attorney for Defendants, DATE: s Melissa Blackman and Theron Golden _ ��� . NOTICE TO PLEAD CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the T©: Plaintiffs You are hereby notified to file a written response to the attached pleading upon all other parties or their enclosed Answer with New Matter within twenty (20) attorneys by: days from service hereof or a judgment may be entered ❑ regular mail against you. r-1 certified mail , X other: electronic fiiing By — By F.Borelli,Esquire -- --� Attorney for Defendants Lw a F.Bore Vii,Esquire rn W C— Attorney for Defendants -M C= r--- LAW OFFICES OF HUBSHMAN & FLOOD ,)r— r �a) BY: LUISA F. BORELLI,ESQUIRE ' `° r--{'C--0 Luisa_F_Borelli @Progressive.com yam,° Attorney Identification No. 91620 = 5165 Campus Drive, Suite 200 ' Plymouth Meeting,PA 19462 Attorney for Defendants, 610-276-4962 Melissa Blackman and Theron Golden HC FILE 015J2-11092 LISA CASTEEL and TARIK CASTEEL COMMON PLEAS CUMBERLAND COUNTY V. MELISSA BLACKMAN and THERON GOLDEN : NO. 2012-7307 DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT 1-2. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 3-5. Admitted. 6-7. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 8-9. Admitted. 10-11. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. COUNT I—NEGLIGENCE Tarik Casteel v. Theron Jeff Gordin 12. Answering defendants incorporate by reference,paragraphs 1 through 11, inclusive,of their Answer to plaintiffs' Civil Action Complaint as fully as though the same were herein set forth at length. 13. (a-h) Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 14-15. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiffs sustained. Further, it is denied that the alleged injuries, if truthful, are serious,permanent or causally related to the incident set forth in plaintiffs' complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE,Answering Defendants demand judgment in their favor. COUNT II—NEGLIGENCE ENTRUSTMENT Tarik Casteel v. Melissa Blackman 16. Answering defendants incorporate by reference,paragraphs 1 through 15, inclusive, of their Answer to plaintiffs' Civil Action Complaint as fully as though the same were herein set forth at length. 17. Admitted. 18-20. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 21-22. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiffs sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs' complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment in their favor. COUNT III—LOSS OF CONSORTIUM Lisa Casteel v. Theron Jeff Gordon 23. Answering defendants incorporate by reference, paragraphs I through 22, inclusive, of their Answer to plaintiffs' Civil Action Complaint as fully as though the same were herein set forth at length. 24. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 25-26. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiffs sustained. Further, it is denied that the alleged injuries, if truthful, are serious,permanent or causally related to the incident set forth in plaintiffs' complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment in their favor. COUNT IV—LOSS OF CONSORTIUM Lisa Casteel v. Melissa Blackman 27. Answering defendants incorporate by reference,paragraphs I through 26, inclusive, of their Answer to plaintiffs' Civil Action Complaint as fully as though the same were herein set forth at length. 28. Denied. After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 29-30. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. By way of further response, answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiffs sustained. Further, it is denied that the alleged injuries, if truthful, are serious,permanent or causally related to the incident set forth in plaintiffs' complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants demand judgment in their favor. NEW MATTER 31. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 32. Plaintiffs have failed to mitigate their damages. 33. If Plaintiffs sustained the injuries and damages as alleged in their Complaint, then same were caused by other entities or parties over which Answering Defendants had no control. 34. Plaintiffs' claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 35. Plaintiffs voluntarily adopted a dangerous an I hazardous method or manner of performing erformin the actions that she was then undertaking wh do there was asafe method available sand he thereby ssumed the risk of injury in performing he)actions. Y J 36. Plaintiffs' claims are barred, or must be rediced, as a result of Plaintiffs' own negligence, which was the proximate cause of the inciden� described in Plaintiffs' Complaint, P # pursuant to the Pennsylvania Comparative Negligence Act,42 Pa. C.S.A. Section 7100. 37. Plaintiffs' claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Section 1701, et seq. 38. Plaintiffs' claims are barred and/or limited by the Pennsylvania Motor Vehicle No- Fault Insurance Act. 39. This Court lacks jurisdiction over the subject mI tter of the within action. 40. If Plaintiffs sustained the injuries and damages as alleged in their Complaint, then i same were not proximately caused by any action or failure to act on behalf of Answering Defendants. 41. Answering Defendants aver that Plaintiffs' cause of action is barred or limited by the Sudden Emergency Doctrine. WHEREFORE, Answering Defendants demand ju gment in their favor. HUBSHMAN & FLOOD BY: isa F. Borelli Esquire Attorney for Defendants Date: C�p, i VERIFICATION I, Luisa F. Borelii, Esquire, aver that I am the attoiLey for the Defendants in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements ents therein are made subject to the g { s penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. L Lui a KBoreIf i, Esquire t f� ti n ti PEN/dVID COOp Andrew C. Spears(PA 87737) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 spears @hhrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TARIK CASTEEL & LISA CASTEEL, Plaintiffs, NO.: 2012 —7307 v. THERON JEFF GOLDEN & CIVIL ACTION—LAW MELISSA BLACKMAN, Defendant. PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW come Plaintiffs, Tarik Casteel and Lisa Casteel, by and through their attorneys, HANDLER,HENNING,&ROSENBERG,LLP, by Andrew C. Spears, Esquire, and hereby files the foregoing Reply to Defendants' New Matter as follows: 31. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 32. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 33. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 34. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 35. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 36. The averments of this paragraph constitute conclusions of law to which no response is required. By way of further response, the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. § 7100 speaks for itself. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 37. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. § 1701, et seq., speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 38. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle No Fault 2 Insurance Act speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 39. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 40. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 41. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court dismiss Defendants' New Matter, enter Judgment in their favor, and enter such other Orders as are equitable and just. Respectfully submitted, HANDLER,HENNING& ROSENBERG, LLP By: Andrew . Spears, Esquire I.D. No.: 87737 Attorney for Plaintiffs Date: July 26, 2013 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew ears�sq e Date: 7/26/2013 Andrew C. Spears, Esq. Attorney ID#87737 HANDLER,HENNING& ROSENBERG, LLP 1300 Linglestown Road,Suite 2 Harrisburg,PA 17110 Telephone: (717)238-2000 Attorney for Plaintiffs Fax : (717)233-3029 E-mail: Spears @hhrlaw.com TARIK CASTEEL and LISA CASTEEL, IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2012-7307 THERON JEFF GOLDEN and MELISSA . BLACKMAN, . CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE On 7/26/13, I hereby certify that a true and correct copy of Plaintiffs'Reply to Defendants'New Matter, was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Luisa F. Borelli, Esq. Law Offices of Hubshman, Carey& Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants HANDLER,HENNING & ROSENBERG, LLP Andrew C. rs, Esquire I.D. No.: 87737 Attorney for Plaints Law Offices of Hubshman&Flood By: Luisa F Borelli Attorney ID# Attorney for Defendants, Melissa Blackman and 5165 Campus Drive,Suite 200 Theron Golden Plymouth Meeting,PA 19462 Telephone#(610) 276-4962 Our File#111203906-001 LISA CASTEEL and TARIK CASTEEL : Court of Comon Pleas of Cumberland . County c) !..a v. : -a L cra cry MELISSA BLACKMAN and THERON : z J GOLDEN : 2012-7307 0)y, , ca T�(-) 7,t", DEFENDANT, MELISSA BLACKMAN AND THERON GOLDEN'S,MOTION- TO COMPEL PLAINTIFFS', LISA CASTEEL AND TARIK CASTEEt RESPONSES TO DISCOVERY REQUESTS Defendants moves this Honorable Court to enter an Order pursuant to Pa. R.C.P. 4019 compelling Plaintiffs to answer certain discovery propounded upon them by moving Defendants in this matter. In support of this motion, Defendants aver the following: 1. On July 2, 2013, Defendants served Plaintiffs' counsel Interrogatories and Request for Production of Documents to be answered within thirty (30) days. See Exhibit "A" attached hereto. 2. On August 28, 2013, counsel for Defendants sent correspondence to Plaintiffs' counsel in follow up to the initial request. See Exhibit"B" attached hereto. 3. As of this date, Plaintiffs has not fully answered these Interrogatories or Request for Production of Documents, which is in violation of the Pennsylvania Rules of Civil Procedure. 4. The said Interrogatories are relevant, material and necessary and Defendants will be prejudiced if full and complete Answers to the Interrogatories are not filed. 5. If Plaintiffs do not provide the information requested in the Request for Production of Documents, Defendants will be severely prejudiced in the defense of this case. The said Request for Production of Documents are relevant, material and necessary to the defense of this case 6. Plaintiffs' counsel has not provided responses . WHEREFORE, it is respectfully requested that this Honorable Court enter an Order directing Plaintiffs to file full, complete and specific Answers to Interrogatories and Request for Production of Documents. Law Offices of Hubshman &Flood By: Lu F Borelli, Esquire Attorney for Defendants Law Offices of Hubshman&Flood Attorney for Defendants, Melissa Blackman and By: Luisa F Borelli Theron Golden Attorney ID# 5165 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Telephone#(610) 276-4962 Our File#111203906-001 LISA CASTEEL and TARIK CASTEEL : Court of Comon Pleas of Cumberland : County • v. . MELISSA BLACKMAN and THERON : GOLDEN : 2012-7307 • DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL PLAINTIFFS', LISA CASTEEL AND TARIK CASTEEL, RESPONSES TO DISCOVERY REQUESTS 1. Matter before the Court: Before the Court is Defendants' Motion to Compel Discovery in the form of a Motion to Compel Answers to Interrogatories and Request for Production of Documents. 2. Statement of Question Involved: Are Defendants entitled to an Order compelling Plaintiffs to answer Interrogatories and Request for Production of Documents where Interrogatories and Request for Production of Documents were forwarded more than thirty(3o) days ago and are now overdue? Suggested answer: Yes 3. Facts: On July 2, 2013, Defendants' counsel served Interrogatories and Request for Production of Documents on counsel for Plaintiffs. More than thirty (30) days have now elapsed and Plaintiffs have failed to respond to the requested discovery. 4. Argument: Pa. R.C.P. 4005, titled, Written Interrogatories to a party permits one party to serve any other party with written interrogatories. Pa. R.C.P. 4006 requires a party to provide written, verified interrogatories within thirty (30) days after service of the interrogatories. Pa. R.C.P. 4009.1, titled, Production of Documents and Things, permits a party to serve or request upon any party to produce designated documents, including writings, drawings, grafts, charts, photographs, electronically created data, and other compilations of data from which information can be obtained. Pa. R.C.P. 4009.12 provides that a party shall respond to said request within thirty(30) days. Thirty days have now elapsed since Defendants forwarded Interrogatories and Request for Production of Documents to Plaintiffs and they have failed to respond or otherwise object to these discovery requests. 5. Relief: Wherefore, Defendants respectfully requests this Court grant the Motion and issue an Order compelling Plaintiffs to respond to Defendants' discovery requests within twenty(2o) days. Law Offices of Hubshman &Flood By: Luisa Borelli, Esquire Attorney for Defendants Law Offices of Hubshman&Flood By: Luisa F Borelli Attorney ID # 5165 Campus Drive,Suite 200 Attorney for Defendants, Melissa Blackman and Plymouth Meeting,PA 19462 Theron Golden Telephone#(610)276-4962 Our File#111203906-001 LISA CASTEEL and TARIK CASTEEL : Court of Comon Pleas of Cumberland County • v. • MELISSA BLACKMAN and THERON : GOLDEN : 2012-7307 CERTIFICATE OF SERVICE I, Luisa F Borelli, attorney for Defendants, hereby certify that I caused a true and correct copy of Motion to Compel Responses to Discovery Requests and Memorandum of Law in Support of the same to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Andrew Spears Handler, Henning& Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman &Flood By: Luisa F Borelli, Esquire Attorney for Defendants Date: 9/13/13 VERIFICATION I, Luisa F Borelli, Esquire, aver that I am the attorney for the Defendants in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Lui 'f : . - i, Esquire • Bridget E.Aka rd Law Offices of Hubshman & Flood Brianne L.Hoffler Patricia M.Bilardo Not a Partnership Benjamin C.Hoffman Luisa F.Borelli Melissa A.Hubshman Andrea J.Bullock Theresa Martin LoStracco Peter A. Dorn 5165 Campus Drive,Suite 200 Katherine K.Nosari Brian J.Dougherty Leonard S.Sabato James M.Flood Plymouth Meeting, PA 19462 Therese T.Schweikert Paul S.Gambone Lynn A.Zikoski Fax: 866-842-1482 Salaried Employees of Progressive Casualty Insurance Company Writer's Information: Direct Dial:610-276-4962 Email:Luisa_F_Borelli @Progressive.com July 3, 2013 Andrew Spears, Esquire Handler, Henning& Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 RE: Casteel, et al v. Golden, et al Common Pleas,Cumberland County: 2012-7307 File No.: 01512-11092 Claim No.: 111203906 Dear Mr.Spears: I represent the Defendants, Melissa Blackman and Theron Golden, in the above-captioned matter. Pursuant thereto, I have prepared the following pleadings, the originals of which have been filed with the Court,where appropriate: Entry of Appearance; Interrogatories Addressed to Plaintiff(s); Request for Production Addressed to Plaintiff(s); and Notice of Deposition. Upon receipt of the time-stamped copy of the Praecipe/Rule to file Complaint,we will forward it to you immediately. It is the goal of this office to expedite the resolution of litigation against our clients in an efficient manner by scheduling depositions early in the discovery process. With notice well in advance, we believe that scheduling conflicts can be easily recognized and avoided. Enclosed is a Notice of Deposition directed to clients, to take place on Thursday, September 5, 2013, starting at 10:00 a.m. to take place at Handler, Henning & Rosenberg, L.L.P., 1300 Linglestown Road, Harrisburg, PA 17110. I will provide a court reporter at that time. If you would like to depose my clients at the same time, kindly advise me. If this date is inconvenient, please contact my office to re-schedule the depositions for another date. If I do not hear from you, I will assume that the depositions will proceed on that date. Thank you for your anticipated professional courtesies. Very truly yours, Luisa F. Borelli LFB:ap Enclosure EXHIBIT"A" LAW OFFICES OF HUBSHMAN & FLOOD Not a Partnership,Not a Corporation 5165 CAMPUS DRIVE, SUITE 200 PLYMOUTH MEETING, PA 19462 Luisa F Borelli (61o)276-4962 Luisa_F_Borelli @Progressive.com SALARIED EMPLOYEES OF (866)842-1482 PROGRESSIVE CASUALTY INSURANCE COMPANY August 12, 2013 Andrew Spears, Esquire Handler, Henning&Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 RE: Casteel, et al v. Golden, et al File No. 111203906-001 Dear Mr. Spears: Please allow this correspondence to serve as a follow-up to my previous letter wherein I enclosed Interrogatories and a Request for Production of Documents addressed to your client. To date, I have not received your client's responses. Please forward your client's discovery responses within ten days from the date of this letter, or I will file a motion to compel. Thank you for your anticipated cooperation with regard to this matter. Very truly yours, M • Luisa F Borelli LFB/cs EXHIBIT"B" LAW OFFICES OF HUBSHMAN & FLOOD Not a Partnership,Not a Corporation 5165 CAMPUS DRIVE, SUITE 200 PLYMOUTH MEETING, PA 19462 Luisa F Borelli (61o)276-4962 Luisa_F_Borelli @Progressive.com SALARIED EMPLOYEES OF Facsimile #(866) 842-1482 PROGRESSIVE CASUALTY INSURANCE COMPANY September 13, 2013 Court of Comon Pleas of Cumberland County Attention: Prothonotary 1 Courthouse Square Carlisle, PA 17013 RE: Casteel, et al v. Golden, et al Court of Common Pleas of Cumberland County, Court No.: 2012-7307 File No. 111203906-001 Dear Sir/Madam: Enclosed please find one original and one copy of Defendants Motion to Compel Discovery Addressed to Plaintiff. Please time stamp and return copy in self-addressed envelope enclosed. Thank you for your attention to this matter. Very truly yours, Luisa F Borelli LFB/csi Enclosures cc: Andrew Spears, Esquire 4 LISA CASTEEL and TARIK CASTEEL Court of Comon Pleas of Cumberland County V. MELISSA BLACKMAN and THERON GOLDEN 2012-7307 ORDER AND NOW, this rc� day of S tQ L*4 , 20 13 , upon consideration of Defendants' Motion to Compel Responses to Discovery Requests Addressed to Plaintiffs, Lisa Casteel and Tarik Casteel, it is hereby ORDERED that the Plaintiffs shall provide complete and verified answers to Defendants' Interrogatories and complete responses to Request for Production of Documents within twenty (2o) days of the date of this Order or risk further sanctions as may be appropriate BY THE COURT: J. rn�T cn - -`-t r~ y _ CD'7j V�. L � cL 4�aa�i3 Law Offices of Hubshman&Flood By: Luisa F Borelli,Esquire Attorney for Defendants, Attorney ID # Melissa Blackman and Theron Golden 5165 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Telephone#(610) 276-4962 Our File#111203906-001 LISA CASTEEL and TARIK CASTEEL : Court of Comon Pleas of Cumberland : : Coun•v. MELISSA BLACKMAN and THERON : 2012-7307 z co GOLDEN t r `ro -<1.-> w :f r—..�� 3>° -0 - CERTIFICATE OF SERVICE 'z I, Luisa F Borelli, attorney for Defendants, Melissa Blackman and Theron Golden, hereby certify that I caused a true and correct copy of Order dated September 23, 2013 giving Plaintiff counsel twenty (2o) days to provide discovery to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Andrew Spears, Esquire Handler, Henning&Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman&Flood ,w • r. M rrrr■ By: Luisa F Borelli, Esquire Attorney for Defendants Date: 9/26/13 MENNEMIIM Law Offices of Hubshman&Flood By: Luisa F Borelli,Esquire Attorney ID# Attorney for Defendants 5165 Campus Drive,Suite 200 Melissa Blackman and Theron Golden Plymouth Meeting,PA 19462 Telephone#(610)276-4962 Our File#111203906-001 LISA CASTEEL and TARIK CASTEEL : Court of Comon Pleas of Cumberland County —0 no o v. —a rri • MELISSA BLACKMAN and THERON -�' GOLDEN : 2012-7307 ILA++ • �•-4 MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH A COURT ORDER DIRECTING DISCOVERY 1. Under cover letter dated July 2, 2013, Defendants served Interrogatories and Request for Production of Documents on Plaintiffs. 2. On September 13, 2013, Defendants filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents, which was granted by the Court on September 23, 2013. 3. Plaintiffs has failed to comply with the aforementioned Court Order. WHEREFORE, Defendants respectfully requests that this Court enter the proposed Order sanctioning Plaintiffs and requiring them to respond to Defendants' discovery requests. Law Offices of Hubshman &Flood In By: Luisa F Borelli, Esquire Attorney for Defendant VERIFICATION I, Luisa F Borelli, Esquire, aver that I am the attorney for the Defendants in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of i8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Luisa F Borelli, Esquire LISA CASTEEL and TARIK CASTEEL : Court of Comon Pleas of Cumberland : County v. MELISSA BLACKMAN and THERON : GOLDEN : 2012-7307 ORDER AND NOW, this Q3'4day of.Car-igniez 20 13 ,upon consideration of Defendants'Motion to Compel Responses to Discovery Requests Addressed to Plaintiffs, Lisa Casteel and Tarik Casteel, it is hereby ORDERED that the Plaintiffs shall provide complete and verified answers to Defendants' Interrogatories and complete responses to Request for Production of Documents within twenty(20)days of the date of this Order or risk further sanctions as may be appropriate BY THE COURT: • • rrttc,--.1 ic43 t.;:x) (^) ti -) 55 ce? ' :+7 . a • • Law Offices of Hubshman&Flood By: Luisa F Borelli,Esquire Attorney ID# 5165 Campus Drive,Suite 200 Attorney for Defendants Plymouth Meeting,PA 19462 Melissa Blackman and Theron Golden Telephone#(61o)276-4962 Our File#111203906-001 LISA CASTEEL and TARIK CASTEEL : Court of Comon Pleas of Cumberland : County • v. • MELISSA BLACKMAN and THERON GOLDEN : 2012-7307 CERTIFICATE OF SERVICE I, Luisa F Borelli, attorney for Defendants, hereby certify that I caused a true and correct copy of Motion for Sanctions to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Andrew Spears, Esquire Handler, Henning&Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman &Flood By: Luisa F Borelli, Esquire Attorney for Defendants Date: 10/23/13 • LISA CASTEEL AND • IN THE COURT OF COMMON PLEAS OF TARIK CASTEEL • CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. • MELISSA BLACKMAN AND • THERON GOLDEN, • DEFENDANTS • NO. 12-7307 CIVIL ORDER OF COURT AND NOW, this 29th day of October, 2013, upon consideration of the Defendants' Motion for Sanctions, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiffs, Lisa Casteel and Tarik Casteel, to show cause why the relief requested should not be granted; 2. Plaintiffs will file an answer on or before November 6, 2013; 3. The Prothonotary is directed to forward said Answer to this Court; 4. Argument on the matter will be held on Wednesday, November 13, 2013, at 8:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. bert, Jr., . rri ,/Andrew Spears, Esquire ="�E- a Attorney for Plaintiffs -- " ' /uisa Borelli, Esquire ♦ /)-) r a Attorney for Defendants / _- bas j O ,'RIO T tiOND 20'3 OCT 29 P11 I: I 0 CUMBERLAND COMP.. PENNSYLVANIA Andrew C. Spears Attorney ID#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff(s) Fax : (717)233-3029 E-mail: Spears @hhrlaw.com TARIK CASTEEL and LISA CASTEEL, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) v. : NO. 2012-7307 : CIVIL ACTION - LAW THERON JEFF GOLDEN and MELISSA BLACKMAN, Defendant(s) CERTIFICATE OF SERVICE On October 2`\ , 2013, I hereby certify that a true and correct copy of Plaintiffs' Answers to Defendants Interrogatories and Plaintiff's Responses to Defendants Requests for Production of Documents were served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Luisa F Borelli, Esq. Law Offices of Hubshman, Carey & Flood 5165 Campus Dr Suite 200 Plymouth Meeting, PA 19462 HANDLER, HENNING & ROSENBERG, LLP Dated: t(1 4 Andrew C. pears, Esquire I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717)238-2000 „ ; s 'k°'kU I ?IC!iQi`f u 13 NUY -7 PH 1 ; I JMPERLAND COUNTY PENNSYLVANIA Andrew C. Spears(PA 87737) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg,PA 17110 Ph. 717.238 2000 Fax 717.233.3029 spears @hhrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA TARIK CASTEEL & LISA CASTEEL, Plaintiffs, NO.: 2012—7307 v. THERON JEFF GOLDEN& CIVIL ACTION—LAW MELISSA BLACKMAN, Defendants PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH A COURT ORDER DIRECTING DISCOVERY AND NOW, come Plaintiffs, Tarik Casteel and Lisa Casteel, by and through their attorneys, HANDLER, HENNING, & ROSENBERG, LLP, by Andrew C. Spears, Esquire, and hereby file the foregoing Reply to Defendants' Motion for Sanctions for Failure to Comply with a Court Order Directing Discovery as follows: 1. Without admission no response required as Defendants' letter speaks for itself. 2. Without admission no response required as the Defendants' Motion to Compel and subsequent Court Order speaks for itself. 3. Denied. On the contrary, Plaintiffs forwarded Plaintiffs' Answers to Interrogatories and Request for Production of Documents to Defendants' counsel. Further, Defendants seek $500.00 in Attorney's Fees for preparation of their Motion for Sanctions. Plaintiffs request an accounting of all time spent, as well as billable hours spent on said Motion, as they believe $500.00 to be excessive. Further, Plaintiffs have complied with the Court's Order and answered discovery. WHEREFORE, Plaintiffs respectfully request that this Honorable Court dismiss Defendants' Motion for Sanctions and enter such other Orders as are equitable and just. Respectfully submitted, HANDLER,HENNING & ROSENBERG,LLP By: Andrew . Spear , quire I.D.No.: 87737 Date: October 31, 2013 Attorney for Plaintiffs 2 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. ears, Esquire Date: 10/31/2013 Andrew C. Spears, Esq. Attorney ID#87737 HANDLER, HENNING &ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com TARIK CASTEEL and LISA CASTEEL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2012-7307 • THERON JEFF GOLDEN and MELISSA BLACKMAN, • : CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE On 10/31/13, I hereby certify that a true and correct copy of Plaintiffs'Response to Defendants'Motion for Sanctions for Failure to Comply with a Court Order Directing Discovery, was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Luisa F. Borelli, Esquire Law Offices of Hubshman, Carey&Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants The Honorable M.L. Ebert (Also by Fax) Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 HANDLER HENNING & ROSENBERG, LLP Andrew C. Spears, Esquire I.D. No.: 87737 Attorney for Plaintiffs Law Offices of Hubshman&Flood Z013 N 0 t j�o;r11 By:Luisa F Borelli,Esquire Attorney for Defendants 4 PIV Attorney D# Melissa Blackman and Theron G(i, 3' 1 Y � 5165 Campus Drive,Suite 200 A E R(.A N� Plymouth Meeting,PA 19462 �` '[ 1�N T Y Telephone#(610)276-4962 Our File#111203906-oo1 LISA CASTEEL and TARIK CASTEEL : Court of Comon Pleas of Cumberland : County V. MELISSA BLACKMAN and THERON GOLDEN 2012-7307 PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw Motion for Sanctions filed in the above-captioned matter. Law Offices of Hubshman &Flood A4t_:_ By: Luisa F Borelli, Esquire Attorney for Defendants Law Offices of Hubshman&Flood By:Luisa F Borelli,Esquire Attorney for Defendants Attorney ID # Melissa Blackman and Theron Golden 5165 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Telephone#(610)276-4962 Our File#111203906-001 LISA CASTEEL and TARIK CASTEEL Court of Comon Pleas of Cumberland County V. MELISSA BLACKMAN and THERON 2012-7307 GOLDEN . CERTIFICATE OF SERVICE I, Luisa F Borelli, attorney for Defendants, Melissa Blackman and Theron Golden, hereby certify that I caused a true and correct copy of a Praecipe to Withdraw to be mailed this date by First Class, U.S. Mail,postage prepaid,to the following: Andrew Spears, Esquire Handler, Henning&Rosenberg, L.L.P. 130o Linglestown Road Harrisburg, PA 17110 (717) 238-2000/(717) 233-3029 (F) Law Offices of Hubshman&Flood By: Luisa F Borelli, Esquire Attorney for Defendants Date: 11/1113 LISA CASTEEL and TARIK CASTEEL Court of Comon Pleas of Cumberland County V. MELISSA BLACKMAN and THERON 2012-7307 GOLDEN ORDER TO SETTLE, DISCONTINUE AND END Y � TO THE PROTHONOTARY: - Kindly mark the above-captioned matter Settled, Discontinued and Ended. F�'_ Andrew Syears, Esquire Attorney for Plaintiffs