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HomeMy WebLinkAbout05-0534William A Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790_ Ann Marie Thompson In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 05-,53q Civil Term Stephen J. Brennan 10314 Cutters Ln. Potomac, MD 20854 Civil action law Defendant Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Stephen J. Brennan V .A William P. Dougla Esq. Attorney for PI 'ntiff date: January 28, 2005 N C c; ?r ', 2 to 0 cr Lf\ V tom/ fl V, n -r7 { Commonwealth of Pennsylvania County of Cumberland Ann Marie Thompson In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs Stephen J. Brennan 10314 Cutters Ln. Potomac, MD 20854 No. 05-53 y Civil Term Civil action law Defendant Jury Trial Demanded Writ of Summons To: Stephen J. Brennan 10314 Cutters Ln. Potomac, MD 20854 You are hereby notified that Ann Marie Thompson has brought an action against you. ,e onn I . ) -,?) da ?: r% A r Deputy Pr onotary 4t date: January 28, 2005 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, PA 17013-0261 717-243-1790 Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland Ann Marie Thompson In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 05 - 534 Civil Term Stephen J. Brennan 531 Leaning Oak St. Gaithersburg, MD 20878 Civil action law Defendant Jury Trial Demanded Acceptance of Service Service of the writ of summons is hereby accepted and receipt of a copy of the writ is hereby acknowledged. AL"M`dn 7 Stephen J. Brennan Date: April _?_, 2005 r ? V te ? h. ? i '' • .? ?\ ?. r., ?. {+? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL) ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, V. NO. 05-534 PRAECIPE FOR APPEARANCE STEPHEN J. BRENNAN, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 IA #13695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL) ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, V. NO. 05-534 STEPHEN J. BRENNAN, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf Defendant, Stephen J. Brennan, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ?G h Kevin D. Rauch, Esquire Counsel for Defendant /AN IA the the CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAkCIPE FOR APPEARANCE has been mailed by U.S. M(?ail to counsel of record via firs class mail, postage pre-paid, this ? ? h day of A 0 (3 1 , 2005. William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ;itx ? %? 6F Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENMYLVANIA „:; ? -qrn ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, r ? o NO. 05-534 s9 V. `v`xl PRAECIPE FOR RULE N ?r STEPHEN J. BRENNAN, TO FILE COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, V. STEPHEN J. BRENNAN, Defendant. CIVIL DIVISION NO. 05-534 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Ann Marie Thompson, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: N[ (/ Ij `A4- Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE ,FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 12005. William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ?a6r Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, V. STEPHEN J. BRENNAN, Defendant. CIVIL DIVISION NO. 05-534 (Jury Trial Demanded) RULE AND NOW, this 0, day of 3 C G 2005, upon s consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer (judgment Non Pros. Rule issued this .q1 day of /U I'r n 2005. Prothonotary U ? DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Ann Marie Thompson In the Court of Common Pleas of Plaintiff Cumberland Country, Pennsylvania ?Y ?/ vs No. 04-3%4-Civil Term Stephen J. Brennan Civil action law Defendant Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY 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 Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 I! 13Y i DATE: May 9, 2005 Complaint 1. The plaintiff, Ann Marie Thompson, is an adult individual residing at 786 Pine Stump Road, Franklin County, Pennsylvania. 2. The Defendant, Stephen J. Brennan, is an adult individual residing at 531 Leaning Oak St. Gaithersburg, Montgomery County, Maryland. 3. On or about, February 20, 2003, the plaintiff was operating her vehicle on East High Street, in the Borough of Carlisle, Cumberland County, Pennsylvania. 4. At about the same time and place, the defendant was operating his vehicle on the same roadway. 5. The defendant failed to control his vehicle and as a result struck the vehicle occupied by the plaintiff. 6. The impact occurred as a direct and proximate result of the defendant's negligence. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive his vehicle in his own lane of travel; C) failing to operate his vehicle in a safe and prudent manner; d) failing to stop his vehicle before he collided with the plaintiff. 8. As a direct and proximate result of the negligence of the defendant the plaintiff was injured, her injuries include, but are not limited to: a) injury to her nerves and nervous system; b) injury to her spine and supporting structures; C) chronic pain and discomfort; d) injury to her hand arm and shoulder. 9. As a result of her injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future. 10. As a result of her injuries, the plaintiff has incurred pain and suffering and will continue to incur the same in the future. 11. As a result of her injuries the plaintiff has incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and may continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained, the plaintiff has lost wages and the plaintiff's economic horizons may be limited. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. May 9, 2005 William P. Douglas, Attorney for Pla AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. William P. Douglas Date: May 9, 2005 .a f .; ,. -: ,•. ?> ;; `; , ? , f.', : <_ ; ? .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, NO. 05-534 V. MOTION TO COMPEL DISCOVERY STEPHEN J.BRENNAN, ANSWERS AND RESPONSES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Joshua G. Ferguson, Esquire Pa. I.D. # 93188 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, CIVIL DIVISION V. STEPHEN J. BRENNAN, Defendant. NO. 05-5344 (Jury Trial Demanded) MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES AND NOW, comes the Defendant, Stephen J. Brennan, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and Joshua G. Ferguson, Esquire, and files the following Motion to Compel Discovery Answers and Responses and in support thereof avers the following: 1. On May 20, 2005, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated May 20, 2005, is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiffs Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by June 19, 2005. 3. On June 30, 2005, Defendant's counsel forwarded a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated June 30, 2005, is attached hereto as Exhibit "B".) 4. To date, Defendant has not received any response from Plaintiff or Plaintiffs counsel regarding Defendant's Interrogatories or Request for Production of Documents or the correspondence enumerated above. 5. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 6. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete: Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 7. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however', Plaintiffs discovery responses have not been received by Defendant's counsel. WHEREFORE, Defendant, Stephen J. Brennan, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY ANSWERS AND RESPOSNES has been mailed by U.S. Mail to counsel ofI record via first class mail, postage pre-paid, this 1 day of 1 2005. William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, MCDONNEELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. "? / 4 'Q By:_ u V/ 0 , Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, V. STEPHEN J. BRENNAN, Defendant. NO. 05-534. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2005, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Ann Marie Thompson, provide Defendant, Stephen J. Brennan, with full and complete Answers and Responses to Defendant's interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. J. r> ^? o 3 O li c.n =o ANN MARIE THOMPSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 05-534 CIVIL STEPHEN J. BRENNAN, Defendant JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL DISCOVERY ORDER AND NOW, this 7-O ? day of July, 2005, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Hess, J. I\V NJ N '111!,f "J"JAZ I E,i .'p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, V. STEPHEN J. BRENNAN, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from servic9 hereof or a judgment may be erred agaiast yob! & Skeel, L.L.P. NO. 05-534 CIVIL DIVISION ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, V. NO. 05-534 STEPHEN J. BRENNAN, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Stephen J. Brennan, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that the Defendant was negligent in his operation of the vehicle on the date, place, and time of the subject accident. The remainder of the allegations in paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Paragraph 6 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Paragraph 7 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Stephen J. Brennan, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 13. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 14. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 15. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Stephen J. Brennan, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, Gl By Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: I v k J o/Y t)QUID ephen J. Brennan #13695 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of C"A_44 2005. William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: for Defendant ?' r ) r) _ i'l ?. ?i _ '1- -n n7 ;? -?` t _, W - ?° - ?';< - ? .c- I I DOUGLAS LAW OFFICE 27 W. HIGH ST. WILLIAM P. DOUGLAS, ESQ. POB 261 Supreme Court I.D.# 37926 CARLISLE PA 17013 TELEPHONE 717-243.1790 Ann Marie Thompson In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania O?-- 53Y VS No. 04=E4 Civil Term Stephen J. Brennan Civil action law Defendant Jury Trial Demanded Reply to New Matter 13. Denied. Denied as a legal conclusion to which no response is necessary. 14. Denied. Denied as a legal conclusion to which no response is necessary. 15. Denied. Denied as a legal conclusion to which no response is necessary. By way of further response the plaintiff selected the full tort option. 16. Denied. Denied as a legal conclusion to which no response is necessary. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant and the new matter of the defendant be dismissed. August 4, 2005 William P. Doug Attorney for AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: August 4, 2005 c. u: EO( `i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, NO. 05-534 V. MOTION TO COMPEL ANSWERS TO STEPHEN J. BRENNAN, SUPPLEMENTAL INTERROGATORIES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Joshua G. Ferguson, Esquire Pa. I.D. # 93188 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, CIVIL DIVISION V. STEPHEN J. BRENNAN, Defendant. NO. 05-534 (Jury Trial Demanded) MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, comes the Defendant, Stephen J. Brennan, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Supplemental Interrogatories and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident which occurred on February 20, 2003. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On December 14, 2007, Additional Defendant served the Plaintiff with Supplemental Interrogatories relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated December 14, 2007, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiff's Answers to Supplemental Interrogatories should have been received by January 14, 2008. 5. On January 23, 2008, Defendant's counsel forwarded a letter to Plaintiffs counsel requesting that he respond to the outstanding discovery and advising that a Motion to Compel would be filed. (A true and correct copy of correspondence between the parties dated January 23, 2008, is attached hereto as Exhibit "B".) 6. On February 22, 2008, March 4, 2008, April 2, 2008, and April 28, 2008, Defendant's counsel forwarded letters to Plaintiffs counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated February 22, 2008, March 4, 2008, April 2, 2008, and April 28, 2008, is attached hereto as Exhibit "C".) 6. To date, Defendant has not received any response from Plaintiff or Plaintiff's counsel regarding Defendant's discovery requests. 7. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. 10. Counsel for Defendant certifies that no Judge has ruled upon any other issue in the same or related matter. 11. Defendant's counsel has attempted to contact Plaintiffs counsel regarding this motion. Plaintiffs counsel has not responded. It is assumed that Plaintiffs counsel does not concur in this Motion. WHEREFORE, Defendant, Stephen J. Brennan, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Responses to Defendant's Supplemental Interrogatories. I! I Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: " -b R,? 1 Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, V. NO. 05-534 STEPHEN J. BRENNAN, (Jury Trial Demanded) Defendant. ORDER AND NOW, TO WIT, this day of , 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Ann Marie Thompson, provide Defendant, Stephen J. Brennan, with full and complete Answers to Supplemental Interrogatories within twenty (20) days of the date of this Order. J. DISTRIBUTION LIST: Kevin D. Rauch, Esquire Summers, McDonnel?, Hudock, Guthrie & Skeet, L.LiP 1017 Mumma Road Suite 300 Lemoyne, PA 17043, William P. Douglas,'I Esquire Douglas Law Offices 27 West High Street P.O. Box 261 Carlisle, PA 17013-9261 I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL ANS? ERS TO SUPPLEMENTAL INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ?- day of done.,-, __'2008. William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: V" ,?. Kevin D. Rauch, Esquire Counsel for Defendant EXHIBIT A December 14, 2007 William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Thompson v. Brennan Our File No. 13695 Dear Mr. Douglas: Enclosed please find Defendant's Supplemental Interrogatories in the above- referenced matter. Kindly respond within the timeframe set forth by the applicable Rule of Civil Procedure. Additionally, I have yet to receive a demand package in this matter. Kindly forward this to my office so that I may notify my client as to your demands. In the meantime, should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Kevin D. Rauch KDR:kan Enclosures EXHIBIT January 23, 2008 William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Thom on v. Brennan Our Fil No. 13695 Dear Mr. Douglas: Please be advised that I am assisting Kevin D. Rauch in the above-referenced matter. I have yet to receive a response to my Supplemental Interrogatories which were previously forwarded to you on December 14, 2007. Should I fail to receive said responses within a reasonable amount of time, I will be forced to file a Motion to Compel the same. Additionally, please provide me a detailed list of the out-of-pocket expenses to be plead by your client at the time of trial, and attach any documentation in your possession regarding these expense. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan DEFENDANT'S EXHIBIT February 22, 2008 William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Thompson v. Brennan Our File: No. Dear Mr. Douglas: 13695 Please be advised that in review of my file, I noticed that I have yet to receive a response to My Supplemental Interrogatories which were previously forwarded to you on December 14, 2007. Please contact me upon receipt of this correspondence to discuss the status of the same. Additionjally, please provide me a detailed list of the out-of-pocket expenses to be plead by your client at the time of trial, and attach any documentation in your possession regarding these expense. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan March 4, 2008 William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Thomp§on v. Brennan Our File No. 13695 Dear Mr. Douglas: Please be advised that I am not yet in receipt of a response to my Supplemental Interrogatories' Please contact me upon receipt of this correspondence to discuss the status of the slime. Please also provide me a detailed list of out-of-pocket expenses to be plead by your client atthe time of trial, and attach any documentation in your possession regarding these expenses. I look forward to hearing from you shortly. Thank you. Very truly yours, Ethan K. Stone EKS:kan April 2, 2008 William P. Dooglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Thompoon v. Brennan Our File No. 13695 Dear Mr. Douglas: Enclosed please find an authorization for release of your client's medical records from Cham*sburg Hospital. This provider indicated that the previously provided authorization Was no longer used. As such, kindly have your client execute the enclosed authorization and return it to my office at your earliest convenience. In addition, kindly update me as to the status of our Supplementary Interrogatories', which were previously forwarded to you on December 14, 2007. Please also provide me a detailed list of out-of-pocket expenses to be pled by your client at the time of trial, and attach any documentation in your possession regarding these expenses. Finally, I have not yet received verification of the self-funded status of the lien asserted by Healthcare Recoveries in this matter. If you are in possession of any documentation, evidencing the plan's status, please inform me of the same. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan April 28, 2008 William P. Douglas, Esquire Douglas Law Office 27 West High (Street P.O. Box 261 Carlisle, PA 17013-0261 RE: Thomooon v. Brennan Our File No. 13695 Dear Mr. Douglas: Please be advised that in review of my file I have noticed that I am not yet in receipt of your client's Answers to Supplemental Interrogatories which were forwarded to you on December 14, 2007. Upon receipt of this correspondence, kindly contact me and update rye as to the status of the same. Should I not receive your client's responses in 8 reasonable period of time, I will be forced to file a Motion to Compel. look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan t_S s - ro a ANN MARIE THOMPSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN J. BRENNAN : NO. 2005 - 534 CIVIL TERM ORDER OF COURT AND NOW, this o?3 day of JUNE, 2008, a Rule is issued upon Plaintiff to Show Cause why the Motion to Compel should not be granted. Rule returnable ten (10) days after service upon counsel. Edward E. Uuido, J. Kevin D. Rauch, Esquire ? William P. Douglas, Esquire :sld es fmt Lj" L.I a,3 f D$ " 3 ' = (MIJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, NO. 05-534 V. PETITION TO MAKE RULE ABSOLUTE STEPHEN J. BRENNAN, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Joshua G. Ferguson, Esquire Pa. I. D. # 93188 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, CIVIL DIVISION V. STEPHEN J. BRENNAN, Defendant. NO. 05-534 (Jury Trial Demanded) PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Stephen J. Brennan, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Petition to Make Rule Absolute and in support thereof avers the following: 1. 1. On June 10, 2008, the Defendant filed a Motion to Compel Supplemental Interrogatories. (A true and correct copy of the Motion to Compel is attached hereto as Exhibit A.) 2. The Court entered an Order on June 23, 2008, Ruling the Plaintiff to Show Cause why the Motion to Compel should not be granted, returnable ten (10) days after service upon counsel. (A true and correct copy of the Order granting the Rule to Show Cause is attached hereto as Exhibit B.) 3. To date, the Plaintiff has not filed or served an answer to the Rule to Show Cause. 4. The Defendant requests the Court grant the Petition to Make Rule Absolute and enter the attached Order to Compel. WHEREFORE, the Defendant, Stephen J. Brennan, respectfully requests this Honorable Court grant the Petition to Make Rule Absolute and enter the enclosed Order compelling Plaintiff and/or counsel to provide supplemental discovery responses. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. +VS Kevin D. Rauch, Esquire Counsel for Defendant D EFENDANr8 EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, NO. 05-534 V. MOTION TO COMPEL ANSWERS TO STEPHEN J. BRENNAN, SUPPLEMENTAL INTERROGATORIES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 Joshua G. Ferguson, Esquire Pa. I.D. # 93188 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, CIVIL DIVISION V. STEPHEN J. BRENNAN, Defendant. NO. 05-534 (Jury Trial Demanded) MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, comes the Defendant, Stephen J. Brennan, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Supplemental Interrogatories and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident which occurred on February 20, 2003. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On December 14, 2007, Additional Defendant served the Plaintiff with Supplemental Interrogatories relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated December 14, 2007, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiff's Answers to Supplemental Interrogatories should have been received by January 14, 2008. 5. On January 23, 2008, Defendant's counsel forwarded a letter to Plaintiffs counsel requesting that he respond to the outstanding discovery and advising that a Motion to Compel would be filed. (A true and correct copy of correspondence between the parties dated January 23, 2008, is attached hereto as Exhibit "B".) 6. On February 22, 2008, March 4, 2008, April 2, 2008, and April 28, 2008, Defendant's counsel forwarded letters to Plaintiffs counsel requesting that he respond to the outstanding discovery. (A true and correct copy of correspondence between the parties dated February 22, 2008, March 4, 2008, April 2, 2008, and April 28, 2008, is attached hereto as Exhibit "C".) 6. To date, Defendant has not received any response from Plaintiff or Plaintiff's counsel regarding Defendant's discovery requests. 7. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. 10. Counsel for Defendant certifies that no Judge has ruled upon any other issue in the same or related matter. 11. Defendant's counsel has attempted to contact Plaintiffs counsel regarding this motion. Plaintiffs counsel has not responded. It is assumed that Plaintiffs counsel does not concur in this Motion. WHEREFORE, Defendant, Stephen J. Brennan, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Responses to Defendant's Supplemental Interrogatories. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, V. STEPHEN J. BRENNAN, Defendant. CIVIL DIVISION NO. 05-534 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Ann Marie Thompson, provide Defendant, Stephen J. Brennan, with full and complete Answers to Supplemental Interrogatories within twenty (20) days of the date of this Order. J. DISTRIBUTION LIST: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Suite 300 Lemoyne, PA 17043 William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 2008. William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant DE ? ? S ANN MARIE THOMPSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN J. BRENNAN NO. 2005 - 534 CIVIL TERM ORDER OF COURT AND NOW, thiso234?? day of JUNE, 2008, a Rule is issued upon Plaintiff to Show Cause why the Motion to Compel should not be granted. Rule returnable ten (10) days after service upon counsel. Edward E. Guido, J. Kevin D. Rauch, Esquire William P. Douglas, Esquire sld IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, CIVIL DIVISION Plaintiff, V. NO. 05-534 STEPHEN J. BRENNAN, (Jury Trial Demanded) Defendant. ORDER AND NOW, to whit, this , day of 2008, it is ORDERED, ADJUDGED, and DECREED that the Plaintiff and/or counsel produce to the Defendant answers to Supplemental Interrogatories within twenty (20) days of this Order. J. DISTRIBUTION LIST: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Suite 300 Lemoyne, PA 17043 William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION TO MAKE RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first n nd class mail, postage pre-paid, this oqa day of 2008. William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: L S evin D. Rauch, Esquire Counsel for Defendant p"'1 r, 5 rv? t ._,,,? .? ?_; ?n.: ? !. ? ?!"t ..... .. Y 1. l (`{? p' -{ V 3 + JUL 2 4 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE THOMPSON, Plaintiff, v. STEPHEN J. BRENNAN, Defendant. CIVIL DIVISION NO. 05-534 (Jury Trial Demanded) 3 ORDER AND NOW, to whit, this day of 2008, it is ORDERED, ADJUDGED, and DECREED that the Plaintiff and/or counsel produce to .Am to e the Defendant answers to Supplemental Interrogatories within twenty (20) day of this Order. J. DISTRIBUTION LIST: evin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Suite 300 Lemoyne, PA 17043 ,/William P. Douglas, Esquire Douglas Law Office 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 J SZ William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ Ann Marie Thompson In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 05 - 534 Civil Term Stephen J. Brennan 10314 Cutters Ln. Potomac, MD 20854 Civil action law Defendant Jury Trial Demanded Praecipe to Settle and Discontinue Dear Mr. Long: Please mark the above caption matter settled and discontinued with prejudice. William P- Doug1 Esq. Attorney for P ntiff date: April 1, 2009 SCE OF PROP4MTARY 2084 APR -3 Pm 2- 3 l ut ?] ,LL A?-I ;NT` PIfNISYLVINIA,