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HomeMy WebLinkAbout12-7341Owens Barcavage & McInroy, LLC Andrew T. Kravitz, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney ID #80142 SAUL LUGARO, Plaintiff vs. ABDELKHALEK FENTIS and, KALTOUM DIHAJL Defendants, C~1~BER~f~,PD CCU°~ ` ~ENNSYI.1~'~l~1~ :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. ~a.1 ~y ( CtVI I :CIVIL ACTION -LAW :JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons against Abdelkhalek Fentis and Kaltoum Dihajl. The Writ of Summons shall be issued and hand delivered by Plaintiff to the She,~iff of Cumberland County for service. Date : (~ 3 ~~ Signature of Plaintiffls w T. Kravitz, Esquire ens, Barcavage & McInroy 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff (~~~3'~S~" - I 2~ ~$3~a~ Owens Barcavage & McInroy, LLC Andrew T. Kravitz, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney ID #80142 SAUL LUGARO, Plaintiff vs. ABDELKHALEK FENTIS and, KALTOUM DIHAJL Defendants, TO: Abdelkhalek Fentis 313 S. Sporting Hill Rd. Mechanicsburg, PA 17050 Kaltoum Dihajl 313 S. Sporting Hill Rd. Mechanicsburg, PA 17050 :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :JURY TRIAL DEMANDED WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE PLAINTIFF, SAUL LUGARO HAS COMMENCED A CIVIL ACTION AGAINST YOU. Date: ~~ ~~ - 1, ~ u~ 'L~~L~~~.~ - Prothonotary LAW OFFICES OF HUBSHMAN& FLOOD BY: ANDREA J.BULLOCK,ESQUIRE Andrea_J_Bullock @Progressive.com 2 13Hp 21 Attorney Identification No. 203240 , 1 5165 Campus Drive, Suite 200 C")�'I ERL Plymouth Meeting,PA 19462 Attorney for Defendants, P `@SyLV A(IUN Ty 610-276-4963 Abdelkhalek Fentis and Keltoum Dihaji HC FILE 015J2-10499 SAUL LUGARO : COMMON PLEAS CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: 1. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. LAW OFFICES &FLOOD r BY: �KbREA J. B renand CK,ESQUIRE Attorney for D ants, Abdelkhalek Keltoum Dihaji DATE: March 19 2013 File No.01532-10499 LAW OFFICES OF HUBSTIMAN& FLOOD BY: ANDREA J.BULLOCK,ESQUIRE Andrea J Bullock(&,Progressive.com Attorney fdentifica�t—ion No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting,PA 19462 Attorney for Defendants, 610-276-4963 Abdelkhalek Fentis and Keltourn Dihaji HC FILE 015J2-10499 SAULLUGAR0 : COMMON PLEAS : CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI : NO. 12-7341 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SAULLUGARO: Pinnacle Health Medical Records TO: Andrew Kravitz,Esquire Andrea J. Bullock, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Kristin C. Gushue. Andrea J.Bullock,Esquire,Attorney for Defendants Date of Issue: February 26,2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAULLUGARO Court of Common Pleas Plaintiff ABDELKHALEK FENTTS and KELTOUM DIHAJI No. 12-7341 Defendant Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: Pinnacle Health (Name of Person or Etaity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: Conies of any and all M—&-*A Records for the past 10 Yom mitaining to Soul Lugam DOB: 7113126 .......... at 5165 Campus Drive,Suite 200,Ebneuth M_ggfigL PA 194-62 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance, to the party making this request at the address listed above. You have the tight to seek in ad,.ancc the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was imued at the request of the following person: Name-Andrea J. Bullock,Esquire Date: March ,2013 Address: 5165 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Telephone:(619)276-4963 Supreme Court ID#: 203240 Attorney for: Defendants BY THE COURT: Prothonotary PRO- LAW OFFICES OF HUBSHMAN & FLOOD BY: ANDREA J. BULLOCK, ESQUIRE Andrea_J_Bullock@Progressive.com Attorney Identification No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants, 610-276-4963 Abdelkhalek Fentis and Keltoum Dihaji HC FILE 015J2-10499 SAUL LUGARO COMMON PLEAS CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 ORDER AND NOW, this /ekday of , 20/3 , it is hereby ORDERED and DECREED that Plaintiff, Saul Lugaro, shall provide full, complete, and verified answers to Defendants' Interrogatories and full and complete responses to Defendants' 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: J. --y rte @z CD � , SAUL LUGARO, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 12-7341 ABDELKHALEK FENTIS and, rnw pc ;,_Yr3 KALTOUM DIHAJL - Defendants, :CIVIL ACTION—LAW n ; :JURY TRIAL DEMANDED 3 �. C)`-{` ENTRY AND WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Dory Sater, Esquire and the law firm of Haggerty, Goldberg, Schleifer& Kupersmith, P.C. as counsel of record for Saul Lugaro in the above- captioned matter. HAGGERTY, GOLDBERG, SCHLEIFER& KUPERSMITH, P.C. DATE: 3111 1A BY: ' Dory er, Esquire ID 3783 4835 Market Street, Suite 2700 Philadelphia, PA 19103 (267) 350-6600 Please withdraw the appearance of Andrew T. Kravi , Esquire and the law firm of Owens, Barcavage &McInroy, LLC as counsel of reco f r Saul garo in the above'-captioned matter. DATE: BY: drew T. Kravitz, squire ID #80142 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 r CERTIFICATE OF SERVICE I, to L.•S a�er, Asa ( e , do hereby certify that on this k -'�'` day of cx M 1 , 2013, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Andrea J. Bullock, Esquire Law Offices of Hubschman& Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 r 'LL.0-OFF]CE LAW OFFICES OF HUBSHMAN & FLOOD 0 THE PROTHONOTIAWf BY: ANDREA J.BULLOCK,ESQUIRE 2013 JUL 24 PM 3: 02 Andrea—J—Bullock@Progressive.com Attorney Identification No. 203240 CUMBERLAND COWITY 5165 Campus Drive, Suite 200 PENNSYLVANIA Plymouth Meeting, PA 19462 Attorney for Defendants, 610-276-4963 Abdelkhalek Fentis and Keltoum Dihaji HC FILE 015J2-10499 SAULLUGARO COMMON PLEAS CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 DEFENDANTS,ABDELKHALEK FENTIS AND KELTOUM Dn-lAjl,S MOTION FOR SANCTIONS FOR FAILURE TO COMPLY WITH A COURT ORDER DIRECTING DISCOVERY RESPONSES 1. On April 15, 2013, this Honorable Court entered an Order directing Plaintiff, Saul Lugaro,to respond to moving Defendant's Interrogatories and Request for Production of Documents within twenty(20) days or risk sanctions. Please see copy of Order attached hereto as Exhibit"A." 2. Thereafter,Defense Counsel agreed to an additional extension for Plaintiff to provide same by June 30, 2013. 3. Plaintiff, Saul Lugaro, full, complete and verified answers to Interrogatories and Request for Production of Documents have not been provided to date. 4. Moreover, the Plaintiff has not sought a protective order. WHEREFORE, Defendants, Abdelkhalek Fentis and Keltoum Dihaji, asks that appropriate sanctions be imposed. HUBSHMAN & FLOOD Andrea J.Bullock,Esquire Attorney for Defendants, Date: Abdelkhalek Fentis and Keltoum Dihaji I VERIFICATION 1,Andrea J.Bullock,Esquire,aver that I am the attorney for the Defendants,Abdelkhalek Fentis and Keltoum Dihaji,in this case, and I aver that the averments contained in the foregoing Motion for Sanctions for Plaintiffs' Failure to Provide Full, Complete and Verified Answers to Defendant's Interrogatories 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. Andrea J.Bullock,Esquire Dated: LAW OFFICES OF HUBSUMAN & FLOOD BY: ANDREA J. BULLOCK,ESQUIRE Andrea—J—Bullock@Progressive.com Attorney Identification No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants, 610-276-4963 Abdelkhalek Fentis and Keltourn Dihaji HC FILE 015J2-10499 SAULLUGARO COMMON PLEAS CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION FOR SANCTION WITH REGARD TO WRITTEN DISCOVERY 1. Matter before the Court: Before the Court is Defendant's Motion for Sanctions in the form of a Motion for Sanctions for Failure to Comply with a Court Order. 2. Statement of Question Involved: Is the Defendant entitled to an Order sanctioning Plaintiffs for failing to answer Interrogatories and Request for Production of Documents where a prior order compelling same was entered by the Court and the time to provide same has elapsed? Suggested answer: Yes 3. Facts: On January 31, 2013, Defendant's counsel forwarded to Plaintiffs' counsel Interrogatories and Request for Production of Documents. On April 15,2013,this Honorable Court entered an Order directing Plaintiff,Saul Lugaro,to respond to moving Defendant's Interrogatories and Request for Production of Documents with in twenty(20) days or risk sanctions. More than twenty(20)days has now elapsed and Plaintiffs have failed to respond to the requested discoveryper the Court Order. 4. Argument: Pa. R.C.P. 4005 and 4009.1,permits one party to serve any other party with written interrogatories and requests to produce designated documents. Pa. R.C.P. 4006 and 4009.12 requires a party to provide written, verified interrogatories and responses to documents requests within thirty(30)days after service of the same. After thirty(30)days had elapsed since Defendant forwarded Interrogatories and Request for Production of Documents to Plaintiffs and answers to same were not provided, Defendant filed a Motion to Compel. Order was entered on April 15,2013,stating,in part,"...Plaintiff,Saul Lugaro, shall prpvide full, complete, and verified answers to Defendants' Interrogatories and full and complete responses to Defendants'Request for production of Documents within twenty(20)days of the date of this Order or risk further sanctions as may be appropriate." As Plaintiff still has not complied with said Court Order, Defendant is asking that Sanctions be Ordered. 5. Relief. Wherefore,the Defendant respectfully request this Court grant Defendant's Motion and issue and Order compelling Plaintiffs to respond to Defendant's discovery requests within ten (10) days. HUBSHMAN & FLOOD Andrea J.Bullock,Esquire Attorney for Defendants, Abdelkhalek Fentis and Keltourn Dihaji Date: LAW OFFICES OF HUHSHMAN& FLOOD BY: ANDREA J.BULLOCK,ESQUIRE Andrea—1 Bullock@Progressive.com Attorney Identification No. 203240 5 165 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Attorney for Defendants, 610-276-4963 Abdelkhalek Fentis and K61toum.Dihaji HC FILE 015J2-10499- SAULLUGAR0 : COMMON PLEAS : CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 ORDER AND NOW, this _Zr ay 2013 ) IS�d of it is hereby ORDERED and DECREED that Plaintiff, Saul Lugaro, shall provide full, complete, and verified answers to Defendants' Interrogatories and full and complete responses to Defendants' 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: _L C J. C-) C_ rn Ca rri °ca r_1 -C-1) CD n 4-;1y EDEFENDADNTr'S IT EXHIBIT "A- LAW OFFICES OF HUBSHMAN & FLOOD BY: ANDREA J.BULLOCK, ESQUIRE Andrea—J—Bullock@Progressive.com Attorney Identification No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants, 610-276-4963 Abdelkhalek Fentis and Keltourn Dihaji HC FILE 015J2-10499 SAULLUGARO COMMON PLEAS CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 CERTIFICATE OF SERVICE 1, Andrea J. Bullock, Esquire, attorney for the Defendants, Abdelkhalek Fentis and Keltown Dihaji,hereby certify that I caused a true and correct copy of the Defendants,Abdelkhalek Fentis and Keltourn Dihaji's Motion for Sanctions for Plaintiffs'Failure to Provide Full,Complete and Verified Answers to Defendant's Interrogatories to be mailed by First Class,U.S.Mail,postage prepaid to: Andrew Kravitz, Esquire Owens,Barcavage&McInroy 2595 Interstate Drive Harrisburg, PA 17110 HUBSHMAN &FLOOD Andrea J. Bullock,Esquire Attorney for Defendants, Date: Abdelkhalek Fentis and Keltoum Dihaji SAULLUGARO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ABDELKHALEK FENTIS AND KELTOUM DIHAJI NO. 12-7341 IN RE: DEFENDANTS' MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 29th day of July, 2013, upon consideration of Defendants' Motion for Sanctions for failure to follow the Court Order dated April 29, 2013, to provide answers to Defendants' Interrogatories and Responses to Defendants' Request for Production of Documents, IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiff is directed to show cause why the relief requested should not be granted; 2. Plaintiff will file an Answer on or before August 31, 2013; 3. Hearing on the matter will be held on Monday, October 14, 2013 at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. ✓Andrew Kravitz, Esquire -0:r ZZ Attorney for Plaintiff C= r— /Andrea Bullock, Esquire M) "o Attorney for Defendants < bas LAW OFFICES OF HUBSHMAN & FLOOD BY: ANDREA J. BULLOCK, ESQUIRE Andrea—J—Bullock@Progressive.com Attorney Identification No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants, 610-276-4963 Abdelkhalek Fentis and Keltoum Dihaji HC FILE 015J2-10499 SAULLUGARO ; : COMMON PLEAS : CUMBERLAND COUNTY M V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: 1. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. LAW OFFICES OF FLOOD BY: REA J. BULL O/KASQUIRE Attorney for Defeddants, Abdelkhalek Fentis and Keltoum Dihaji DATE: August 5, 2613 File No,01532-10499 LAW OFFICES OF HUBSHMAN& FLOOD BY: ANDREA J. BULLOCK, ESQUIRE Andrea_J_Bullock@Progressive.com Attorney Identification No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendants, 610-276-4963 Abdelkhalek Fentis and Keltoum Dihaji HC FILE 015J2-10499 SAUL LUGARO COMMON PLEAS CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SAUL LUGARO: OIP Medical Records TO: Dory L. Sater, Esquire Andrea J. Bullock, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Kristin C. Gushue. Andrea J.Bullock,Esquire,Attorney for Defendants Date of Issue: July 16, 2013 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAUL LUGARQ Court of Common Pleas Plainfifj' ABDELKHALEK FENTIS and KELTOUM DIHAJI No. 12-7341 De/endant Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: OlP (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of any and all Records for the past 10 years pertaining to Saul 1,ugaro, DOB: 7/1.3/26 at 5165 Campus Drive., Suite 200,Plymouth Meeting,PA 19462 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce tine' documents or things required by this subpoena within twenty(20)days after its service, tile party serving this subpoena may seek a court order compelling you to comply with it. This subpoena)vas issued at the request of the following person: Name: Andrea J.Bullock,Esquire Date Address: 5165 CaML)Lts Drive.Suite 200 Plymouth Meeting,PA 19462 Telephone: (610) 276-4963 Supreme Court fl)#: 203240 Attorney for: Defendants..._-- BY THE COURT: Prothonotary PRO Law Offices of Hubshman&Flood By:Andrea J Bullock Attorney for Defendants,Keltoum Dihaji and Attorney ID#203240 Abdelkhalek Fentis 5i65 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Telephone#(610)276-4963 Our File#101749501-001 : Court of Comon Pleas of Cumberland SAUL LUGARO : County C, C C r . ABDELKHALEK FENTIS and KELTOUMr- DIHAJI 12-7341 Vie-) _ —; G' C),-- CERTIFICATE OF SERVICE y I, Andrea J Bullock, attorney for Defendants, Keltoum Dihaji and Abdelkhalek Fentis, hereby certify that I caused a true and correct copy of July 29, 2013 Court Order on Defendants' Motion for Sanctions for Discovery Responses to be mailed this date by First Class, U.S. Mail, postage prepaid, to the following: Dory L. Sater, Esquire, Esquire Haggerty, Goldberg, Schleifer&Kupersmith, Pc 1835 Market Street, Suite 2700 Philadelphia, PA 19103 Andrew Kravitz, Esquire Owens, Bareavage,&McInroy 2595 Interstate Drive Harrisburg, PA 17110 Law Offices Hu man&Flood By: rea oc , Esquire Atto r Defendants Keltoum Dihaji and Abdelkhalek Fentis Date: �� Law Offices of Hubshman&Flood By:Andrea J Bullock Attorney ID#203240 Attorney for Defendants,Keltoum Dihaji and 5165 Campus Drive,Suite 200 Abdelkhalek Fentis Plymouth Meeting,PA 19462 Telephone#(610)276-4963 Our File#101749501-001 SAUL LUGARO Court of Comon Pleas of Cumbegand County rn m r n j= v. c' 12-7341 <o -v o - ABDELKHALEK FENTIS and KELTOUM DIHAJI '"r PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon the Plaintiff to file a Complaint within twenty(20) days hereof or suffer the Entry of JudgmenZAtt 'LaH man &Flood By: , Esquire Defendant RULE TO FILE COMPLAINT AND NOW, ��, ; -aLJ/"3 a Rule is hereby granted upon Plaintiff to file a Complaint withM twenty(20) days hereof or suffer the Entry of Judgme t Non Pros. ONO Y 1 _ CD m m rri HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH,.P.C. vim w o BY: Charles Jay Schleifer, Esquire/Dory L. Sater,Esquire o -•ti I.D. # 33601/#83783 1835 Market Street, Suite 2700 =C) Philadelphia, PA 19103 v �' (267) 350-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAUL LUGARO and MAJOR JURY TRIAL HERMINIA RIOS h/w 3817 Vine Street Camp Hill, PA 17011 vs. NO.12-7341 ABDELKHALEK FENTIS and KELTOUM DIHAJI 313 S. Sporting Road Mechanicsburg, PA 17050 CIVIL ACTION - MOTOR VEHICLE ACCIDENT t 1. The Plaintiffs are adult individuals, residing at the above-captioned address. 2. The Defendants are individuals residing at the above-captioned address. 3. On or about December 4,2012,at approximately 2:00 p.m.,the plaintiff,Saul Lugaro was the front seat passenger in a vehicle he owned which was being operated by Herminia Rios travelling eastbound on Hampden Centre Way in Hampden Township, Cumberland County,Pennsylvania. 4. At the aforesaid time and place,Defendant,Keltoum Dihaji was the operator of a motor vehicle owned by Defendant, Abdelkhalek Fentis, and was merging into eastbound on Hampden Center Way when the Defendant did cause Defendant's motor vehicle to come into a violent collision with the bicycle being operated by the minor-Plaintiff. 5. At the aforesaid time and place,Defendant,Keltoum Dihaji had the expressed or implicit permission to drive this vehicle, said permission being given from the owner of the vehicle. COUNT I —NEGLIGENCE PLAINTIFF, SAUL LUGARO VS. DEFENDANTS 6. Plaintiffs incorporates by reference all of the allegations contained in Paragraphs 1 through 5, inclusive, as though the same were set forth herein more fully at length. 7. At all times relevant hereto,the Defendant,Keltoum Dihaji was operating the vehicle on behalf of Defendant, Abdelkhalek Fentis, acting as agent for Defendant, Abdelkhalek Fentis, and with permission to operate said vehicle 8. At the time and place aforesaid, the negligence and carelessness of the Defendant, Abdelkhalek Fentis,individually and through his agent,Defendant,Keltoum Dihaji and Defendant, Keltoum Dihaji on his own behalf, consisted in that: (a) Defendant, Keltoum Dihaji did operate the said vehicle at an excessive rate of speed under the circumstance; (b) Defendant, Keltoum Dihaji did fail to have the said vehicle under proper and adequate control at the time; (c) Defendant,Keltoum Dihaji did fail to give proper and sufficient warning of the approach of said vehicle; (d) Defendant, Keltoum Dihaji did operate said vehicle without due regard to the rights, safety and position of the minor Plaintiff herein at the point aforesaid; (e) Defendant, Keltoum Dihaji did violate the local Ordinances and Statutes pertaining to the operation of motor vehicles on the highway; (f) Defendant, Keltoum Dihaji did owe a duty of care to minor Plaintiff and did violate that duty of care owed to minor Plaintiff. 9. As a result of the aforesaid, Plaintiff sustained a severe shock to the nerves and nervous system and severe and numerous bodily injuries,including but not limited to,right knew injuries,as well as other severe orthopedic and psychological injuries. 10. Plaintiff has suffered and may and probably will in the future continue to suffer great pain and agony, all of which may be permanent in nature. 11. Plaintiffs injuries amounted to a serious injury in that they resulted in a serious impairment of bodily function, thereby seriously limiting Plaintiff in many of his daily activities. 12. Under Pennsylvania law,Plaintiffs are among the class of individuals designated to have chosen the full tort option. 13. By reason of the aforesaid,Plaintiff was compelled to expend monies for medicine and medical attention in attempting to treat and cure Plaintiff of said injuries, and Plaintiff may be obliged to continue to incur such expenditures in the future. 14. By reason of the aforesaid,Plaintiff has sustained a present and permanent impairment to Plaintiffs earning capacity, to which Plaintiff is entitled to recover for losses to same. COUNT II —LOSS OF CONSORTIUM PLAINTIFF, HERMINIA RIOS VS. DEFENDANT 15. Plaintiff incorporates by reference all of the allegations contained in Paragraphs 1 through 14, inclusive, as though the same were set forth herein more fully at length. 16. By reason of the aforesaid,Plaintiff has been deprived of the comfort,companionship, services and assistance of Plaintiffs spouse, and will be deprived of same for an indefinite time in the future. WHEREFORE,Plaintiffs claim damages against the Defendants in an amount in excess of Fifty Thousand Dollars ($50,000.00). HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH,P.C. BY: CKARLLt JAY SCHLEIFER, Esquire DORY L. SATER,Esquire Attorney for Plaintiffs VERIFICATION The undersigned,having read the attached pleading,verifies that the within pleading is based on information furnished to counsel, as well as information gathered by counsel in the course of this lawsuit. Signer verifies that he has read the within pleading and that is true and correct to the best of the signer's knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications. HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH, P.C. BY: C ARLES JAY SCHLEIFER, Esquire DORY L. SATER, Esquire Attorney for Plaintiffs Dated: NOTICE TO PLEAD TO: Plaintiff: CERTIFICATE OF SERVICE You are hereby notified to file a written response to the 1 hereby certify that 1 have served a copy of the enclosed Answer with New Matter within twenty (20) attached pleading upon all other parties or their days fr m ser ' e hereof or a judgment may be entered attorn s by: against ou. re ular mail ed mail By: other: And J. ock,Esquire By Att e Defendants Andre hock squire � Att ne Pffendants rn M M r~1 LAW OFFICES OF HUBSHMAN & FLOOD y, w C, BY: ANDREA J. BULLOCK,ESQUIRE o Andrea_J_Bullock @Progressive.com@ Attorney Identification No. 203240 ► ru 5165 Campus Drive, Suite 200 `-+ N> Plymouth Meeting, PA 19462 Attorney for Defendants, r� 610-276-4963 Abdelkhalek Fentis and Keltoum Dihaji HC FILE 015J2-10499 SAUL LUGARO COMMON PLEAS CUMBERLAND COUNTY V. ABDELKHALEK FENTIS and KELTOUM DIHAJI NO. 12-7341 DEFENDANTS',ABDELKHALEK FENTIS AND KELTOUM DIHAJI,ANSWER WITH NEW MATTER TO THE PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering defendant is 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. 2. Admitted. 3. Denied. After reasonable investigation, answering defendant is 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. 4. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 5. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. COUNT 6. Answering Defendants' incorporates by reference, paragraphs 1 through 5, inclusive, of his Answer to plaintiff's Civil Action Complaint as fully as though the same were herein set forth at length. 7. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 8. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 9. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. Denied. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff 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. 10. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 11. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 2 12. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 13. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 14. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. COUNT II 15. Answering Defendants' incorporates by reference, paragraphs 1 through 14, inclusive, of his Answer to plaintiff's Civil Action Complaint as fully as though the same were herein set forth at length. 16. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. WHEREFORE, answering defendants' demands judgment in their favor and dismissal of plaintiff's complaint with prejudice.. NEW MATTER 17. Answering defendants' avers that plaintiff may have been comparatively and/or contributory negligent, and as a result of said negligence, any recovery by plaintiff, should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act(42 Pa. C. S. § 7102). 18. Answering defendants' further avers that plaintiff, by his actions and conduct assumed the risk of all injuries and/or losses that they may have sustained because of the accident complained of in his Complaint, and as a result of said assumption of the risk, the plaintiff is, therefore, barred from any recovery. 3 19. The claims of plaintiff are subject to the provisions of the Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. § 1701, et seq., as amended. 20. Claims of plaintiff, for products, services and accommodations for: (a) professional medical treatment and care; (b) emergency health services; (c) medical and vocational rehabilitation services; (d)work income losses,past,present or future; and (e) any and all other economic losses are not recoverable from answering defendant under the provisions of the foregoing Pennsylvania Motor Vehicle Financial Responsibility Law, as amended. 21. The claims of plaintiff may be barred by the expiration of the applicable statute of limitations. 22. Answering defendant believes and, therefore avers that if the plaintiff sustained the injuries and damages as alleged in the plaintiff's Complaint, said injuries and/or damages were not the result of any act or failure to act on the part of the answering defendant, all such allegations being expressly denied by the answering defendant, and plaintiff's action is, therefore, barred. 23. The accident which is the subject of this Complaint was caused by parties other than answering defendant and for whose actions answering defendant cannot be held responsible. 24. The plaintiff's injuries, if any, were caused by conditions over which answering defendant had no control and for which answering defendant cannot be held responsible. 25. If plaintiff is bound by the limited tort option provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law,then he not eligible to recover for his non- economic losses arising from this accident inasmuch as he did not suffer death, serious impairment of body function or permanent serious disfigurement. 4 26. The Pennsylvania Rule of Civil Procedure 238, as amended or adopted by the Pennsylvania Supreme Court, on its face and as applied,violates the Pennsylvania Constitution, the United States Constitution and the civil rights act, as it imposes a chilling effect upon defendant exercise of his constitutional rights. 27. If there is a judicial determination that the application of Rule 238 in the within action is constitutional,then liability for any damages imposed by said rule shall exclude the period of time the plaintiff failed to convey a reasonable settlement demand, delayed in responding to any of defendant's discovery requests, violated any discovery rules or caused the delay of trial or arbitration. 28. If there is a judicial determination that the application of Rule 238 in the within action is constitutional, then liability for any damages imposed by said rule, shall be suspended during the period of time that there is any delay occasioned by the failure of the Court to promptly schedule the trial or arbitration of this matter. 29. Plaintiff's claims may be barred by the doctrines of collateral estoppel and res judicata. 30. Answering defendant incorporates herein by reference and pleads as affirmative defenses, all of those defenses specified in Pennsylvania Rules of Civil Procedure 1030. 5 WHEREFORE, Answering Defendants' requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in favor of the defendants and against the plaintiff. LA ICE BSHMAN&FLOOD BY: DMekFentis OCK,ESQUIRE A ordants, Ab and Keltoum Dihaji DATE: 6 VERIFICATION I, Andrea J. Bullock, 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 unswom falsification to authorities. Brea J. u , Esquire 7 Fti HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH,t:C=i 1 E PRO T H O N O TA R't BY: Charles Jay Schleifer, Esquire/Dory L. Sater, Esquire 2013 OCT -3 AM I.D. # 33601/#83783 , 1835 Market Street, Suite 2700 CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA (267) 350-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAUL LUGARO and : MAJOR JURY TRIAL HERMINIA RIOS h/w • vs. : NO.12-7341 • ABDELKHALEK FENTIS and • KELTOUM DIHAJI PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 17.-30.Denied. The averments contained in these paragraphs constitute conclusions of law to which no responsive pleading is required. By way of further response to the extent that any of the averments are deemed factual, these averments are strictly denied. WHEREFORE, Plaintiffs claim damages against the Defendants in an amount in excess of Fifty Thousand Dollars ($50,000.00). HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH, P.C. BY: CH A '. S JAY SCHLEIFER, Esquire DORY L. SATER, Esquire Attorney for Plaintiffs I VERIFICATION The undersigned,having read the attached pleading,verifies that the within pleading is based on information furnished to counsel,as well as information gathered by counsel in the course of this lawsuit. Signer verifies that he has read the within pleading and that is true and correct to the best of the signer's knowledge,information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications. HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH, P.C. BY: / /di rPARLES AY SCHLEIFER, Esquire DORY L. • TER,Esquire Attorney for Plaintiffs Dated: Jo//13 HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH, P.C. BY: Charles Jay Schleifer, Esquire/Dory L. Sater, Esquire I.D. #33601/#83783 1835 Market Street, Suite 2700 Philadelphia, PA 19103 (267) 350-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAUL LUGARO and : MAJOR JURY TRIAL HERMINIA RIOS h/w vs. : NO.12-7341 • ABDELKHALEK FENTIS and • KELTOUM DIHAJI CERTIFICATION OF SERVICE I,Charles Jay Schleifer,Esquire/Dory L. Sater,Esquire,hereby certify that I served a true and correct copy of Plaintiffs'Reply to Defendants'New Matter dated Dek,be.-/ 2013 by regular U.S. Mail,postage pre-paid to the following: Andrea J. Bullock, Esquire Hubshman, Carey&Flood 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH, P.C. BY: APIU/ A4 CH r 'ES JAY - EWER, Esquire DORY L. SA ' R, Esquire Attorney for Plaintiffs Dated: fro43 c FILL D-O f•.[CE HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH,P.CPr THE PRO THONO TAP ,I BY: Charles Jay Schleifer, Esquire/Dory L. Sater, Esquire I.D. # 33601/#83783 zOI3 OCT -3 A 11: 36 1835 Market Street, Suite 2700 CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA (267) 350-6600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SAUL LUGARO and : MAJOR JURY TRIAL HERMINIA RIOS h/w • vs. : NO.12-7341 • ABDELKHALEK FENTIS and • KELTOUM DIHAJI PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly attach the enclosed Verification of Plaintiffs, Saul Lugaro and Herminia Rios, to the Complaint which was filed relative to the above captioned matter. .HAGGERTY, GOLDBERG, SCHLEIFER&KUPERSMITH, P.C. BY: go(-- CH• ' S JJASCHLEIFER, Esquire DOR L. SATER, Esquire Attorney for Plaintiffs Dated: CPb/r3 k VERIFICATION The undersigned,having read the attached pleading,verifies that the within pleading is based on information furnished to counsel,as well as information gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel and not of signer. Signer verifies that she has read the within pleading and that is true and correct to the best of the signer's knowledge, information and belief. To the extent that the contents of the pleading is that of counsel,I have relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications. 9)()AJ ,e.d1/4—tcLiVC? SAUL LUGARO 01-14-1'u4 c u J► ) HERMINIA RIOS Law Offices of Hubshman&Flood By:Andrea J Bullock,Esquire Attorney for Defendants Attorney ID #203240 Keltoum Dihaji and Abdelkhalek Fentis 5165 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Telephone#(6io)276-4963 Our File#101749501-001 SAUL LUGARO : Court of Comon Pleas : Cumberland County v. ., • w ABDELKHALEK FENTIS and KELTOUM , DIHMI r- 12-7341 css c! -a ter ? PRAECIPE TO WITHDRAW `'' TO THE PROTHONOTARY: Kindly withdraw Motion for Sanctions, scheduled for a Hearing on Monday October 14, 2013 at 2:00p.m. filed in the above-captioned matter. Law Offices of Hubshman&Flood I 4 By: Andrea J Bullock, Esquire Attorney for Defendants Law Offices of Hubshman&Flood By:Andrea J Bullock,Esquire Attorney for Defendants Attorney ID#203240 Keltoum Dihaji and Abdelkhalek Fentis 5165 Campus Drive,Suite 200 Plymouth Meeting,PA 19462 Telephone#(610)276-4963 Our File#101749501-001 SAUL LUGARO : Court of Comon Pleas : Cumberland County v. ABDELKHALEK FENTIS and KELTOUM : DIHAJI : 12-7341 CERTIFICATE OF SERVICE I, Andrea J Bullock, attorney for Defendants, Keltoum Dihaji and Abdelkhalek Fentis, 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: Dory L. Sater, Esquire Haggerty, Goldberg, Schleifer &Kupersmith, Pc 1835 Market Street, Suite 2700 Philadelphia, PA 19103 (267) 350-6600/(215) 665-8201 (F) Law Offices of Hubshman &Flood f ,i- .0 By: Andrea J Bullock, Esquire Attorney for Defendants Date: 10/11/13 Law Offices of Hubshman&Flood 't i,'uN+ - . By:Andrea J Bullock,Esquire v 4; 7 Attorney ID#203240 Attorney for Defendants, p , 5165 Campus Drive,Suite 200 Keltoum Dihaji and Abdelkl � e�ntis F '-. / Plymouth Meeting,PA 19462 1',�4 Q „ 1 Telephone#(610)276-4963 p f A S'qv ANIA Our File#101749501-001 SAUL LUGARO : Court of Comon Pleas : Cumberland County v. • • ABDELKHALEK FENTIS and KELTOUM • DIHAJI : 12-7341 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: 1. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty(2o) days prior to the date on which the subpoena is sought to be served; 2. a copy of the notice of intent,including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. Law Offices of Hubshman&Flood /s/Andrea J. Bullock By: Andrea J Bullock, Esquire Attorney for Defendants Date:11/25/13 Law Offices of Hubshman&Flood By:Andrea J Bullock,Esquire Attorney ID #203240 5165 Campus Drive,Suite 200 Attorney for Defendants, Plymouth Meeting,PA 19462 Keltoum Dihaji and Abdelkhalek Fentis Telephone#(610)276-4963 Our File#101749501-001 SAUL LUGARO : Court of Comon Pleas : Cumberland County v. • ABDELKHALEK FENTIS and KELTOUM DIHAJI : 12-7341 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SAUL LUGARO: Gold's Gym Membership Records TO: Dory L. Sater, Esquire Andrea J Bullock, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting, Marina Collette-Jeantel. Andrea J Bullock,Esquire,Attorney for Defendants Date of Issue: November 25, 2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SAUL LUGARO Court of Common Pleas Plaint KELTOUM DIHAJI No.12-7341 Defendant Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: Gold's Gym (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of any and all records pertaining to SAUL LUGARO,DOB: July 13, 1926. at 5165 Campus Drive, Suite 200, Plymouth Meeting, PA. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Date: _11/2513_ Name: Andrea J Bullock, Esquire Address: 5165 Campus Drive,Suite 200 Plymouth Meeting, PA 19462 Telephone: (610)276-4963 Supreme Court ID#: 203240 Attorney for: Defendants BY THE COURT: '/ cz©r 3 »r ,►. • D�v� D . �3u�.L1. , Ro-r • ,�• SAUL LUGARO : Court of Comon Pleas : Cumberland County v. • ABDELKHALEK FENTIS and KELTOUM DIHAJI : 12-7341 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended. Dory L ter, Esquire ney for Plaintiff