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HomeMy WebLinkAbout05-6259 . LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for the Plaintiff Plaintiff, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. oS' - ~J.S9 C,vitTE:1ur\. SON CHA YU vs. : CIVIL ACTION - LAW LESTER W. BRITTON JR. : JURY TRIAL DEMANDED Defendant, NOT ICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D, 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for the Plaintiff SON CHA YU Plaintiff, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. OS - ts..:z59 Cloll ~~ : CIVIL ACTION - LAW vs. LESTER W. BRITTON JR. : JURY TRIAL DEMANDED Defendant, COMPLAINT AND NOW, comes the Plaintiff, Son Cha Yu, by and through her Attorney Shane B. Kope, Esq. files this foregoing Complaint and avers the following: 1. Plaintiff, Son Cha Yu is an adult individual that currently resides at 4408 Island Place #202, Annandale, Fairfax County, Virginia 22003. 2. Defendant, Lester W. Britton, Jr, is an adult individual that currently resides at 111 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 3. On October 1, 2004, Plaintiff Son Cha Yu was driving a 1996 Nissan Sedan northbound on Spring Road. 4. On October 1, 2004, Defendant Lester W. Britton Jr. was driving a 1996 Chevrolet Blazer northbound on Spring Road. .. 5. Plaintiff, Son Cha Yu had stopped to wait for traffic ahead of her to turn left from Spring Road onto Sterretts Gap Avenue. 6. Defendant, Lester W. Britton Jr., was driving behind the Plaintiff and failed to stop or slow down when he approached the line of traffic, colliding with the rear end of Plaintiffs vehicle and causing Plaintiff Son Cha Yu to collide with the vehicle in front of her. 7. This collision occurred as a direct result of the negligence of the Defendant. 8. Defendant, Lester W. Britton Jr. was cited and charged with violation of 75 Pa, C.S.A. S 3802 (a) Driving after imbibing, General Impairment and S 3802 (b) Driving under the Influence, High Rate and pled guilty to these charges. This is Defendant's second violation of these charges. 9, The negligence of Defendant Britton consisted but is not limited to the following: (a) Failing to properly operate and control his vehicle (b) Failing to keep alert and maintain lookout for the presence of other motor vehicles on the roads and highways. (c) Following a vehicle too closely than is reasonable and prudent having due regard for the speed of the vehicles and the traffic upon and the condition of the road or highway. (d) Driving a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards on the roads or highways. (e) Driving a vehicle at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead. (f) Driving a vehicle in willful or wanton disregard for the safety of person or property. (g) Failing to keep a lookout for other vehicles lawfully on the road. (h) Driving a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. (i) Driving his vehicle upon the highway in a manner with careless disregard to the rights and safety of others in direct violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant Lester W. Britton, Jr. the Plaintiff, Son Cha Yu suffered serious and permanent injuries including but not limited to: (a) cervical sprain/strain (b) Lumbar sprain/strain (c) Impaired joint mobility, muscle performance, and range of motion (d) daily headaches 11. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant Lester W. Britton, Jr. the Plaintiff Son Cha Yu was forced to incur medical bills and expenses for the injuries she has suffered and she may continue to incur medical expenses in the future. 12. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Lester W. Britton, Jr. the Plaintiff Son Cha Yu has suffered great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great physical and emotional detriment and loss. 13. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant, Lester J. Britton Jr. the Plaintiff, Son Cha Yu has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 14. As a direct and proximate result of the negligence, carelessness and/or recklessness of the Defendant Lester W. Britton Jr. the Plaintiff Son Cha Yu has been and probably will in the future be hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. WHEREFORE, Plaintiff, Son Cha Yu seeks damages from Defendant Lester J. Britton Jr. in an excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully Submitted, Date: November 30, 2005 The Law Offices of Shane B. Kope ~---~E:/ /) fsy: -~-- ~,~ Shane B. Kope, Esquire ---- "1'2S!20AS ~8:27 71?~b35233 ~ r~/- ~ l;'li,:::iH1~ ~l.: 88 71l7;17572 kEVST Ct'~E :=:Rr-:.':;C~;! I;::'" KOPE !..A~ f.:.'i~V:,E fJS,"J~; P'~GE ~e VERI FICA UQ!t 1, Son Cha Yu. the Plaintiff in this matter, have read the foregoing Complaint verify that my avelTTlents in this Complaint are true and correct and based upon my persona! knowledge, 'understand that any false statements herein are made subject to the penalties of 18 Pa, C,$, 4904 relating to unswom foIlilflcations to authorities. Dared: ~~~jo~ . 9. M_ G~ a/--. _ ~. ~ THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcas!.net Attorney for Plaintiff SON CHA YU : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. LESTER W. BRITTON, JR. : CIVIL ACTION - LAW Defendant, : JURY TRIAL DEMANDED SHERIFF'S INSTRUCTIONS To The Cumberland County Sheriff's Department: Please serve the foregoing Complaint to the Defendant at the following address. Lester W. Britton, Jr. 111 Beagle Club Road Carlisle, PA 17013 -,::) 0 ~ rt- ~ V1 Crt ) ,) - 1I1 ,"_.'.0: :-::1 - G ~ ..J:::. l) ;:--) ........ I r-- w p::J ,~.. , V) LI'\ - ' - (p - " ,d ~ " ---- c:) -< . , SON CHA YU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-6259 VS, LESTER W, BRITTON, JR., Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Lester W. Britton, Jr., with regard to the above-captioned matter. Respectfully submitted, NEALON GOVER & PERRY By: i;Jk- Date: ~ Case G. Shore, Esquire I.D. No. 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 . , . ~ CERTIFICATE OF SERVICE AND NOW, this (2 day of January, 2006, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 -1<<,,& /:,r Casey G. S ore, Esquire C} .. c.) r<:> 0.'.' SHERIFF'S RETURN - REGULAR CASE NO: 2005-06259 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YU SON CHA VS BRITTON LESTER W JR BRIAN BARRICK , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRITTON LESTER W JR the DEFENDANT at 0952:00 HOURS, on the 15th day of December" 2005 at 111 BEAGLE CLUB ROAD CARLISLE, PA 17013 by handing to LESTEE BRITTON JR. a true and attested copy of COMPLAINT & NOTICE together with and ate the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 4.80 .37 10.00 .00 33.17 So An'f.~ry ~ 1~~P ~ R. Thomas Kline Sworn and Subscribed to before By: () 1~$1V /fI, Deputy Sheriff 12/19/2005 SHANE KOPE me th'.s /It: ~- /, ( !JAA?'fJ I / day of A.D. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6259 SON CHA YU, VS. LESTER W. BRITTON, JR., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT 1 - 4. Admitted based upon information and belief. 5. Neither admitted nor denied. The Defendant is without sufficient information to form a belief as to the truth of this averment. To the extent that an answer is required the averment is denied. 6. Admitted in part, denied in part. It is admitted that Defendant Lester Britton, Jr. was driving behind the Plaintiff and collided with the rear end of the Plaintiff's vehicle, which, in turn, caused her vehicle to come in contact with the vehicle immediately in front of her. It is denied that Lester Britton, Jr. failed to slow down prior to his vehicle coming into contact with the Plaintiff's vehicle. 7. The Defendant is without sufficient information to form a belief as to the truth of this averment. To the extent that an answer is required, the averment is denied. 8. Admitted in part, denied in part. It is admitted that Defendant Lester Britton, Jr. was cited and charged with Driving Under the Influence of Alcohol. It is further admitted that the Defendant pled guilty to Driving Under the Influence on August , 30, 2005. It is specifically denied that this is the Defendant's second violation of Driving Under the Influence. 9 - 14. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant respectfully requests that the Complaint be dismissed with costs to be paid by the Plaintiff. Respectfully submitted, NEALON GOVER & PERRY By 'Lt.'-L.. <-Case G. Shore, Esquire Attorney I.D. No. 85321 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date 'lJI7)~ (' VERIFICATION I, LESTER W. BRITTON, JR., verify that the statements made in the foregoing ANSWER TO COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of '18 Pa.C.SA !l4904 relating to unsworn falsification to authorities. Date: / !30/o," CERTIFICATE OF SERVICE AND NOW, this ~ day of January, 2006, I hereby certify that I have served the foregoing Answer to Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 ,':- \ , <f, :.7-1 I u....t........ . . Case G. Shore, Esquire <' , ....\ r~ I. c'.:; ~,) .-\ '\ ~ ;":.\ i\ ,) .' ) _..1 VS. NO. 05-6259 SON CHA YU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LESTER W. BRITTON, JR., Defendant CIVIL ACTION - LAW TO THE HONORABLE JUDGES OF SAID COURT: MOTION TO COMPEL DISCOVERY AND NOW, comes, Lester Britton, Jr., by and through his attorneys, Nealon, Gover, & Perry, who files the following Motion: 1. Attorney Shane B. Kope filed a complaint in the above-captioned matter on December 5, 2005. 2. On January 13, 2006, the undersigned entered his appearance. 3. The answer to complaint was filed on February 21,2006, with the Cumberland County Prothonotary's office. 4. On February 17, 2006, the undersigned sent Plaintiff interrogatories and a request for production of documents (see attached "Exhibit A"). 5. On August 2, 2006, the undersigned sent the Plaintiff a letter indicating that any necessary motions will be filed if the Plaintiff did not respond to the discovery requests by August 31, 2006. A copy of that letter is attached hereto as "Exhibit B." 6. Since that date the undersigned has not received any response from the Plaintiff regarding the discovery requests. As such, the undersigned is requesting an order to compel the Plaintiff to produce answers to the discovery. By: .' hore, Esquire I. 5321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 . 7. Additionally, the undersigned is requesting attorney fees in the amount of $200.00 with regards to the preparation of this motion as well as the attempts made to obtain discovery in this matter. 8. Finally, if the Plaintiff does not produce the documents within the time set by the Court, the Defendant would ask that the lawsuit be dismissed with prejudice. WHEREFORE, the Defendant in this case respectfully requests this Motion to Compel be granted and that the following sanctions be ordered: (1) The Plaintiff be given thirty (30) days to respond to the discovery requests; (2) The Plaintiff shall reimburse the Defendant in the amount of $200.00, and; (3) Should the Defendant not file with the Court answers to the interrogatories and responses to the request for production of documents within the time specified above, this lawsuit shall be dismissed with prejudice. Respectfully submitted, NEALON GOVER & PERRY Dated: September 20,2006 , E.~ \1~b,t A r ~ s ~ ) SON CHA YU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05';6259 {.., .. VS. LESTER W. BRITTON, JR., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY DEFENDANT TO BE ANSWERED BY THE PLAINTIFF - FIRST SET TO: Son Cha Yu c/o Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 PURSUANT TO THE PROVISIONS of Pa.R.C.P. 4005 and 4006, as amended, you are required to file the original, and serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. By: G. Shore, Esquire I.D. : 85321 2411 North Front Street Harrisburg, PA 17110 717/232 -9900 . '{ These Interrogatories shall be deemed to be continuing in nature pursuant to Pa.R.C.P. 4005 and 4006. If between the time of filing your original Answers to these Interrogatories and the time of trial of this matter, you or anyone acting in your behalf learns the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtains information upon the basis of which you or he knows that an Answer was incorrect when made, or know that an Answer though correct when made is no longer true, promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the undersigned. Respectfully submitted, NEALON GOVER & PERRY Date: ~" 1010 I 1. Please set forth your full legal name. ANSWER: 2. Please set forth any other names which you have used, the inclusive dates during which each such name was used and the reason for such usage. ANSWER: ANSWER: 3. Please set forth your present address, any address used by you during the last ten (10) years and the dates on which you utilized each such address. 4. Please set forth your date of birth and the state, county and city of your birth. ANSWER: 5. Please set forth your social security number. ANSWER: 6. State the names of all spouses with whom you have been married in the past ten (10) years indicating the date and place of each marriage, and the date and reason for the termination of each marriage, including the term and number of any divorce action. ANSWER: (a) the branch of the military service in which you served; (b) the highest military rank you obtained; (c) your serial number; (d) the inclusive dates of services; (e) the type of discharge you received; and (f) whether or not you served in combat. 7. Have you ever been a member of the Armed Services? If so, state: ANSWER: 8. A copy of the Declarations Page covering the automobile insurance policy under which the plaintiff was an insured at the time of the accident. ANSWER: (a) the count and state in which you were convicted; (b) the nature of the felony or misdemeanor of which you were convicted; (c) whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; (d) the date of your conviction; (e) the name and address of the tribunal imposing sentence; (f) the title of the cause and case number assigned by said tribunal to your case; (g) the nature of the sentence imposed; and (h) the dates and places of any facility in which you were incarcerated. 9. Have you ever been convicted of a felony or misdemeanor? If so, state: ANSWER: (a) the identity and legal address of your employer(s); (b) your job title and duties during the course of each such employment; (c) dates of employment; (d) your rate of pay; (e) the number of hours you usually worked each week at each such employment; (f) the name, business and residence address and telephone number of your immediate supervisor at each such employment; and (g) the reason for leaving each past employer. 10. Please identify your current employer and each employer for whom you have worked during the past five years and set forth as to your current employer and each past employer: ANSWER: (a) the name and address of the person or entity against whom such claim was made; (b) a description of each injury or damage which was the subject of each such claim; (c) the name and address of the tribunal where such claim was filed, the title of the cause, case or claim and the number assigned by the tribunal to such cause, case or claim; (d) the name and address of the insurer affording coverage applicable to said claim and the claim number assigned to said claim; (e) the date and manner in which you suffered the injuries or damage giving rise to such claim; and (f) the date and amount of money paid, if any, to settle or otherwise satisfy said claim. 11 . Have you ever made a claim for personal injuries or property damage under any insurance policy, or against any person, firm or corporation or to any governmental agency? If so, state: ANSWER: (a) the date, time and place of the accident; (b) a detailed description of the manner in which the accident occu rred; (c) the names and addresses of all physicians, hospitals or health care providers who rendered any treatment to you; (d) the nature of any injuries sustained; (e) the extent of recovery; and (f) the nature of any compensation received. 12. Have you ever suffered any injuries in any accident, either prior or subsequent to the incident referred to in the Complaint? If so, provide: ANSWER: 13. State in detail the nature of the injury or injuries you allege that you suffered as a result of the incident referred to in the Complaint and with respect thereto, indicate the extent and nature of any disability, the location of pain suffered and duration and intensity of such pain, and whether you suffered restraint of your normal activities due to the injuries including the nature of such restraint and the date(s} of such restraint. ANSWER: (a) the name and address of each physician, hospital or health care provider in which you were treated or admitted; (b) the dates on which said treatment was rendered, including the dates of entry and discharge into and from said hospital or hospitals; (c) describe the services rendered by each of the physicians, hospitals or health care providers listed above; (d) itemize the cost and expenses of all treatment received. 14. If you received any treatment with respect to the injuries allegedly suffered, state: ANSWER: (a) the name and address of each medical practitioner of any type who has examined, treated, conferred or consulted with you; (b) the date of such examination, treatment or consultation; and (c) the condition for which said treatment was provided. 15. Since the date of the incident referred to in your Complaint, have you been treated by or examined by, or conferred with any other physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever whose name you have not heretofore supplied? Ifso, indicate: ANSWER: ANSWER: 16. Have you sustained any loss of wages, financial loss or diminution in earning capacity as a result of the incident complained of? If so, describe the nature and amount of such loss or losses. 17. If you have incurred any medical bills or expenses of any kind in connection with the alleged injuries not heretofore listed, state the person with whom such bill was incurred, the amount of such bill and the service or thing for which the bill was rendered. ANSWER: 18. If you are still receiving medical service or treatment or any nature whatsoever, state the name(s) or the person(s) attending you, the approximate frequency of said treatment or service and the date you last received said treatment or service. ANSWER: (a) the name and address of the physician, hospital or health care provider with whom you consulted or were treated; (b) the dates of such consultation; and (c) the nature of the illness, injury or ailment for which the consultation was sought. 19. Have you consulted in the past 10 years with any physician, hospital or health care provider for any illness, injury, surgical procedure, hospitalization or institutional confinement? If so, state: ANSWER: 20. Do you have a family physician or other health care provider with whom you consult for general physical or mental complaints? If so, provide the name and address of such family physician or health care provider? ANSWER: (a) the date of the accident; (b) the state, county and city, township or borough where the accident occurred; (c) the names and addresses of all operators of other motor vehicles involved in the accident; (d) a description of the accident; (e) the nature of any injuries sustained; (f) the names and addresses of all health care providers who treated you for any injuries; and (g) the identity of the police force that investigated the accident. 21. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: ANSWER: 22. List all hobbies and forms of recreation in which you have participated in the last ten (10) years. ANSWER: 23. Identify by name and address of owner and by the make, model and year, each vehicle known or believed by you to have been involved, directly or indirectly, in the accident referred to in the Complaint. ANSWER: 24. State in detail the manner in which you assert that the incident referred to in the Complaint occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. ANSWER: 25. List the names and addresses of all person known or believed by you or any person acting on your behalf, to have firsthand knowledge of the facts and circumstances of the incident or of the events leading up to or following the incident. ANSWER: ANSWER: 26. List the names and addresses of all persons, including potential expert witnesses, from whom you or anyone acting on your behalf has obtained any information and/or statements as to how the incident happened or the cause of the incident. 27. State the full name and last known address, giving the street, street number, city and state of every witness known to you, or to your attorneys, or representatives, who claim to have seen or heard any party to this action make any statement or statements pertaining to any of the events or happenings which is the subject of this suit. ANSWER: ANSWER: 28. Provide the name and address of each person who you know or believe conducted an investigation concerning the incident referred to in the Complaint. 29. At the time of the incident referred to in your Complaint, did you have any condition for which you wore eyeglasses, or for which eyeglasses had been prescribed for you, and if so, state whether you were wearing eyeglasses at the time of the incident referred to in the Complaint. ANSWER: ANSWER: 30. Were you ever charged for any violation of the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in your Complaint? If so, state by whom and before whom you were charged and the disposition of the charge. (a) his name, address, and the professional occupation and field in which he is an expert (you may attach his curriculum vitae); (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; (c) if the opinion is based upon a medical or scientific rule or principle, or is based upon any code, regulation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or publication, identify the scientific or medical rule or principle, code or regulation or scientific, medical or engineering textbook or publication; (d) whether any of the experts were compensated for their work and efforts in connection with this action and, if so, state how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. 31. If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: ANSWER: (a) the name and address of the insurance carrier to whom you have applied; (b) the adjuster or claims person handling the file; (c) the applicable c1aim(s) number; (d) whether any part of your claim has been rejected. 32. Have you ever applied for insurance and/or no-fault benefits as a result of the injuries sustained in this accident? If so, state: ANSWER: , .~ 1.1' ~J.J f~ CERTIFICATE OF SERVICE AND NOW, this /71J1: day of February, 2006, I hereby certify that I have served the foregoing INTERROGATORIES on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 ~ .. SON CHA YU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05.6259 VS. LESTER W. BRITTON, JR., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF - FIRST REQUEST TO: Son Cha Yu c/o Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 PLEASE TAKE NOTICE THAT PURSUANT to Pa.R.C.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: REQUEST FOR PRODUCTION OF DOCUMENTS . ;1 1. The entire contents of any investigation file(s) and any other documentary material in your possession which support or relate to the allegations contained in Plaintiff's Complaint (excluding references to mental impressions, conclusions or opinions representing strategy or tactics and privileged communications from and to counsel). 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at trial. 6. Any and all medical records, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. By: . Shore, Esquire I.D. #: 5321 2411 North Front Street Harrisburg', PA 17110 717/232-9900 . , 7. All federal, state and local income tax returns for the past five years. Respectfully submitted, NEALON GOVER & PERRY Date: ~n J xd- ( """'- G. Shore, Esquire '. . . I CERTIFICATE OF SERVICE AND NOW, this J7-al day of February, 2006,1 hereby certify that I have served the foregoing REQUEST FOR PRODUCTION OF DOCUMENTS on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 -- 'f.J. \,\1 \> \ -\ \? .. ) NEALONtiOVER & PERRY ~ NG&P ~ ATTORNEYS AT LAW MAlUNG ADDRESS: 2411 N. fRONT ST. ItwuSBURG, PA 17110 PH: 717.232.9900 fAX: 717.236.9119 40 E. PHILADELPHIA ST. YORK, PA 17401 PH: 717.852.7888 CASEY SHORE, ESQUIRE CSHORE@NGPLAWFIRM.COM August 2, 2006 Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Re: Son Cha Yu v. Lester W. Britton, Jr. No. 05-6259 Dear Mr. Kope: It would appear from my records that a request for production of documents and interrogatories were mailed to you on May 10, 2006. I still have yet to receive the plaintiffs responses to those discovery requests. Please provide responses to the requests by August 31,2006, or I will be forced to file any necessary motions with the Court. Please feel free to contact me if you have any questions. Very truly yours, NEALON GOVER & PERRY CGS/lsb ~, CERTIFICATE OF SERVICE AND NOW, this 20th day of September, 2006, I hereby certify that I have served the foregoing MOTION TO COMPEL on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (") r: <"" ;:R V(~ ':':,. ~ t-V <:::::> ~..;.) c.:1'"'\ o -n :1 rt1 ::n r- ;st9 ('.) 1. --19 :r: ~{ ;~(~ (3m ~ :.0 .< V') rrj -0 N -0 :J: w co r " SON CHA YU, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-6259 CIVIL LESTER W. BIRTTON, JR., DEFENDANT : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3rd day of October, 2006, upon consideration of the Defendant's Motion to Compel, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff shall provide answers to the Defendant's Interrogatories and response to the Defendant's Request for Production of Documents on or before October 31,2006. IT IS FURTHER ORDERED AND DIRECTED that failure to comply with this order of court shall result in sanctions pursuant to Pa.R.C.P. No. 4019 which may include dismissal of the action with prejudice. By the Court, ~GlON ~ GoveA. ~e B. Kope, Esquire Attorney for Plaintiff J. bas Casey G. Shore, Esquire \ Attorney for Defendant ~ 2~;:t bid c- 1JO 90Dl ),1:1'7.1/"" '.">, i, "1' 'd -'Hl ..10 ' " j\U ;,--:' i I. ,h;:_ _. . _'..'v ~ \...i I i.J.,.......!,-, -' -I 3:'Jl:5:iO-031l:J VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6259 :' , '0 SON CHA YU, Plaintiff LESTER W. BRITTON, JR., Defendant CIVIL ACTION - LAW TO THE HONORABLE JUDGE OF SAID COURT: MOTION FOR SANCTIONS PURSUANT TO PA.R.C.P. 4019 AND NOW, comes, Lester Britton, Jr., by and through his attorneys, Nealon, Gover, & Perry, who files the following Motion: 1. The Plaintiff filed a complaint in the above~tioned matter on December 5, 2005. 2. The answer to complaint was filed on February 21,2006, with the Cumberland County Prothonotary's office. 3. On February 17,2006, the undersigned sent Plaintiff Interrogatories and a Request for Production of Documents. 4. After receiving no responses to the discovery requests, the Defendant filed a Motion to Compel Discovery with the Cumberland County Prothonotary's office on September 21,2006. (A copy of the Motion to Compel is attached hereto, and incorporated herein, as Exhibit "1 "). 5. On October 3, 2006, an Order was entered by The Honorable M.L. Ebert, Jr., di recting that the Plaintiff provide answers to the Defendant's Interrogatories and responses to the Defendant's Request for Production of Documents no later than October 31,2006. (A copy of Judge Ebert's Order is attached as Exhibit "2"). 6. The Plaintiff's responses to the Defendant's Request for Production of Documents were reooived on or about October 10, 2006. 7. To date, no answers have been provided to the Defendant's Interrogatories as directed by Judge Ebert's Order of October 3,2006. 8. It is undersigned counsel's understanding, after speaking with Attorney Shane B. Kope, counsel for the Plaintiff, that he is unable to locate the Plaintiff. 9. Rule 4019(a)(1 )(i) of the Pennsylvania Rules of Civil Procedu re allows for sanctions when a party fails to provide sufficient answers to written interrogatories. 10. Furthermore, Rule 4019(c)(3) of the Pennsylvania Rules of Civil Prooodure allows the Court to enter an Order indicating a judgment of non pros in such ci rcumstances. 11. Rule 4019(g)(1) also allovvs for the recovery of reasonable expenses from the party whose conduct neoossitated the motion for sanctions. ~, " . Shore, Esquire I.. . 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 '\ \. WHEREFORE, the Defendant respectfully requests that the Complaint in this case be dismissed with prejudice. Furthermore, the Defendant requests reimbursement in the amount of $300.00, for costs associated with seeking the dismissal of this action. Respectfully submitted, NEALON GOVER & PERRY Dated: November 6, 2006 , i '" ~ , . SON CHA YU, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6259 J. LESTER W. BRITTON, JR., Defendant CIVIL ACTION - LAW ORDER AND NOW, this day of , 2006, it is hereby ordered and directed that the Defendant's Motion to Compel is granted. The Plaintiff shall be given thirty (30) days from the date of this order to respond to the Defendant's discovery requests. The Plaintiff shall also reimburse the Defendant in the amount of $200.00. Furthermore, should the PlainUff not adhere to this order, the above matter will be dismissed with prejudice. BY THE COURT: Distribution: Casey G. Shore, Esquire, 2411 North Front Street, Harrisburg, PA, 17110 Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 . ., '" " SON CHA YU, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-6259 LESTER W. BRITTON, JR., Defendant ,...:) c:;::J c:::> 0"" (/) r'I'1 -0 rv o c .s. -oDJ 'nlrn 75{ -'-' e. r..!) ;1' ~\.... -0 ~.~~ ~ ~ AND NOW, comes, Lester Britton, Jr., by and through his attorneys, Nealon,'-'> CIVIL ACTION - LAW TO THE HONORABLE JUDGES OF SAID COURT: MOTION TO COMPEL DISCOVERY Gover, & Perry, who files the following Motion: 1. Attorney Shane B. Kope filed a complaint in the above-captioned matter on December 5, 2005. 2. On January 13, 2006, the undersigned entered his appearance. 3. The answer to complaint was filed on February 21, 2006, with the Cumberland County Prothonotary's office. 4. On February 17, 2006, the undersigned sent Plaintiff interrogatories and a request for production of documents (see attached "Exhibit A"). 5. On August 2, 2006, the undersigned sent the Plaintiff a letter indicating that any necessary motions will be filed if the Plaintiff did not respond to the discovery requests by August 31,2006. A copy of that letter is attached hereto as "Exhibit B." 6. Since that date the undersigned has not received any response from the Plaintiff regarding the discovery requests. As such, the undersigned is requesting an order to compel the Plaintiff to produce answers to the discovery. ~ ...... ~:!l ~"o.~ F;j~ C) --I :1:+\ 0-- ,,?,Q --rn Sl ~ Respectfully submitted, . " ~ '-. 7. Additionally, the undersigned is requesting attorney fees in the amount of $200.00 with regards to the preparation of this motion as well as the attempts made to obtain discovery in this matter. 8. Finally, if the Plaintiff does not produce the documents within the time set by the Court, the Defendant would ask that the lawsuit be dismissed with prejudice. WHEREFORE, the Defendant in this case respectfully requests this Motion to Compel be granted and that the following sanctions be ordered: (1) The Plaintiff be given thirty (30) days to respond to the discovery requests; (2) The Plaintiff shall reimburse the Defendant in the amount of $200.00, and; (3) Should the Defendant not file with the Court answers to the interrogatories and responses to the request for production of documents within the time specified above, this lawsuit shall be dismissed with prejudice. NEALON GOVER & PERRY By: C I. . 5321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Dated: September 20,2006 t \ Exhibit A CIVIL ACTION - LAW JURY TRIAL DEMANDED l,r, '. \ " SON CHA YU, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05":6259 LESTER. W., BRITTON, JR., Defendant INTERROGATORIES PROPOUNDED BY DEFENDANT TO BE ANSWERED BY THE PLAINTIFF - FIRST SET TO: Son Cha Yu c/o Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 PURSUANT TO THE PROVISIONS of Pa.R.C.P. 4005 and 4006, as amended, you are required to file the original, and serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. By: G. Shore, Esquire 1.0. : 85321 2411 North Front Street Harrisburg, PA 17110 717/232 -9900 '{ '\ ... These Interrogatories shall be deemed to be continuing in nature pursuant to Pa.R.C.P. 4005 and 4006. If between the time of filing your original Answers to these Interrogatories and the time of trial of this matter, you or anyone acting in your behalf learns the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtains information upon the basis of which you or he knows that an Answer was incorrect when made, or know that an Answer though correct when made is no longer true, promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the undersigned. Respectfully submitted, NEALON GOVER & PERRY Date: ~f710f.::, I 1. Please set forth your full legal name. " ~ ANSWER: 2. Please set forth any other names which you have used, the inclusive dates during which each such name was used and the reason for such usage. " ~ ANSWER: 3. Please set forth your present address, any address used by you during the last ten (10) years and the dates on which you utilized each such address. .. ., ANSWER: 4. Please set forth your date of birth and the state, county and city of your " " birth. ANSWER: 5. Please set forth your social security number. ',,- '. ANSWER: 6. State the names of all spouses with whom you have been married in the past ten (10) years indicating the date and place of each marriage, and the date and reason for the termination of each marriage, including the term and number of any divorce action. . \. '.. ANSWER: '. (a) the branch of the military service in which you served; (b) the highest military rank you obtained; (c) your serial number; (d) the inclusive dates of services; (e) the type of discharge you received; and (f) whether or not you served in combat. 7. Have you ever been a member of the Armed Services? If so, state: ANSWER: 8. A copy of the Declarations Page covering the automobile insurance policy under which the plaintiff was an insured at the time of the accident. ~ '~ ANSWER: (a) the count and state in which you were convicted; (b) the nature of the felony or misdemeanor of which you were convicted; (c) whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; (d) the date of your conviction; (e) the name and address of the tribunal imposing sentence; (f) the title of the cause and case number assigned by said tribunal to your case; (g) the nature of the sentence imposed; and (h) the dates and places of any facility in which you were incarcerated. " , . 9. Have you ever been convicted of a felony or misdemeanor? If so, state: ANSWER: (a) the identity and legal address of your employer(s); (b) your job title and duties during the course of each such employment; (c) dates of employment; (d) your rate of pay; (e) the number of hours you usually worked each week at each such employment; (f) the name, business and residence address and telephone number of your immediate supervisor at each such employment; and (g) the reason for leaving each past employer. .. " 10. Please identify your current employer and each employer for whom you have worked during the past five years and set forth as to your current employer and each past employer: ANSWER: . (a) the name and address of the person or entity against whom such claim was made; (b) a description of each injury or damage which was the subject of each such claim; (c) the name and address of the tribunal where such claim was filed, the title of the cause, case or claim and the number assigned by the tribunal to such cause, case or claim; (d) the name and address of the insurer affording coverage applicable to said claim and the claim number assigned to said claim; (e) the date and manner in which you suffered the injuries or damage giving rise to such claim; and (f) the date and amount of money paid, if any, to settle or otherwise satisfy said claim. . , 11. Have you ever made a claim for personal injuries or property damage under any insurance policy, or against any person, firm or corporation or to any governmental agency? If so, state: ANSWER: (a) the date, time and place of the accident; (b) a detailed description of the manner in which the accident occurred; (c) the names and addresses of all physicians, hospitals or health care providers who rendered any treatment to you; (d) the nature of any injuries sustained; (e) the extent of recovery; and (f) the nature of any compensation received. ~ 12. Have you ever suffered any injuries in any accident, either prior or subsequent to the incident referred to in the Complaint? If so, provide: ANSWER: 13. State in detail the nature of the injury or injuries you allege that you suffered as a result of the incident referred to in the Complaint and with respect thereto, indicate the extent and nature of any disability, the location of pain suffered and duration and intensity of such pain, and whether you suffered restraint of your normal activities due to the injuries including the nature of such restraint and the date(s) of such restraint. , , .. ANSWER: (a) the name and address of each physician, hospital or health care provider in which you were treated or admitted; (b) the dates on which said treatment was rendered, including the dates of entry and discharge into and from said hospital or hospitals; (c) describe the services rendered by each of the physicians, hospitals or health care providers listed above; (d) itemize the cost and expenses of all treatment received. '. 14. If you received any treatment with respect to the injuries allegedly suffered, state: ANSWER: (a) the name and address of each medical practitioner of any type who has examined, treated, conferred or consulted with you; (b) the date of such examination, treatment or consultation; and (c) the condition for which said treatment was provided. , . . 15. Since the date of the incident referred to in your Complaint, have you been treated by or examined by, or conferred with any other physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever whose name you have not heretofore supplied? If so, indicate: ANSWER: 16. Have you sustained any loss of wages, financial loss or diminution in earning capacity as a result of the incident complained of? If so, describe the nature and amount of such loss or losses. . '. ~. ANSWER: 17. If you have incurred any medical bills or expenses of any kind in connection with the alleged injuries not heretofore listed, state the person with whom such bill was incurred, the amount of such bill and the service or thing for which the bill was rendered. 't . . ANSWER: ANSWER: 18. If you are still receiving medical service or treatment or any nature whatsoever, state the name(s) or the person(s) attending you, the approximate frequency of said treatment or service and the date you last received said treatment or service. (a) the name and address of the physician, hospital or health care provider with whom you consulted or were treated; (b) the dates of such consultation; and (c) the nature of the illness, injury or ailment for which the consultation was sought. "" 19. Have you consulted in the past 10 years with any physician, hospital or health care provider for any illness, injury, surgical procedure, hospitalization or institutional confinement? If so, state: ANSWER: ANSWER: 20. Do you have a family physician or other health care provider with whom you consult for general physical or mental complaints? If so, provide the name and address of such family physician or health care provider? (a) the date of the accident; (b) the state, county and city, township or borough where the accident occurred; (c) the names and addresses of all operators of other motor vehicles involved in the accident; (d) a description of the accident; (e) the nature of any injuries sustained; (f) the names and addresses of all health care providers who treated you for any injuries; and (g) the identity of the police force that investigated the accident. , . ~. 21. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: ANSWER: 22. List all hobbies and forms of recreation in which you have participated in the last ten (10) years. . . . ANSWER: ANSWER: 23. Identify by name and address of owner and by the make, model and year, each vehicle known or believed by you to have been involved, directly or indirectly, in the accident referred to in the Complaint. ANSWER: 24. State in detail the manner in which you assert that the incident referred to in the Complaint occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. 25. List the names and addresses of all person known or believed by you or any person acting on your behalf, to have firsthand knowledge of the facts and circumstances of the incident or of the events leading up to or following the incident. ANSWER: ANSWER: , '. 26. List the names and addresses of all persons, including potential expert witnesses, from whom you or anyone acting on your behalf has obtained any information and/or statements as to how the incident happened or the cause of the incident. 27. State the full name and last known address, giving the street, street number, city and state of every witness known to you, or to your attorneys, or representatives, who claim to have seen or heard any party to this action make any statement or statements pertaining to any of the events or happenings which is the subject of this suit. ANSWER: 28. Provide the name and address of each person who you know or believe conducted an investigation concerning the incident referred to in the Complaint. . . ANSWER: 29. At the time of the incident referred to in your Complaint, did you have any condition for which you wore eyeglasses, or for which eyeglasses had been prescribed for you, and if so, state whether you were wearing eyeglasses at the time of the incident referred to in the Complaint. . ANSWER: 30. Were you ever charged for any violation of the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in your Complaint? If so, state by whom and before whom you were charged and the disposition of the charge. . . ANSWER: (a) his name, address, and the professional occupation and field in which he is an expert (you may attach his curriculum vitae) ; (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds fOf each opinion; (c) if the opinion is based upon a medical or scientific rule or principle, or is based upon any code, regulation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or publication, identify the scientific or medical rule or principle, code or regulation or scientific, medical or engineering textbook or publication; (d) whether any of the experts were compensated for their work and efforts in connection with this action and, if so, state how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. , , , . 31. If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: ANSWER: . . . . (a) the name and address of the insurance carrier to whom you have applied; (b) the adjuster or claims person handling the file; (c) the applicable claim(s) number; (d) whether any part of your claim has been rejected. 32. Have you ever applied for insurance and/or no-fault benefits as a result of the injuries sustained in this accident? If so, state: ANSWER: . . ". ... 'JJ (~ .. . . .. . . CERTIFICATE OF SERVICE AND NOW, this J7~ day of February, 2006, I hereby certify that I have served the foregoing INTERROGATORIES on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 . CIVIL ACTION - LAW JURY TRIAL DEMANDED . .. \. . . .. . . SON CHA YU, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05.6259 LESTER W. BRITTON, JR., Defendant REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF · FIRST REQUEST TO: Son Cha Yu c/o Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 PLEASE TAKE NOTICE THAT PURSUANT to Pa.R.C.P. 4009, you a~e required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: REQUEST FOR PRODUCTION OF DOCUMENTS .. " . .. . . 1. The entire contents of any investigation file(s) and any other documentary material in your possession which support or relate to the allegations contained in Plaintiff's Complaint (excluding 'references to mental impressions, conclusions or opinions representing strategy or tactics and privileged communications from and to counsel). 2. Any and all statements concerning the action, as defined by Rule 4~03.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at trial. 6. Any and all medical records, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. By: Cas 1.0. #: 5321 2411 North Front Street Harrisburg', PA 17110 717/232 -9900 ," .. ~ .. ;;. . . .. " . 7. All federal, state and local income tax returns for the past five years. Respectfully submitted, NEALON GOVER & PERRY Date: ~n J~ I ,. . . . .. .. CERTIFICATE OF SERVICE AND NOW, this J7-tJ-. day of February, 2006, 'I hereby certify that I have served the foregoing REQUEST FOR PRODUCTION OF DOCUMENTS on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Exhibit B , . . . . # "'-. ') NEALON'tiOVER & PERRY NG&P MAlUNG ADDRESS: 2411 N. FRONT ST. IlAluuSBURG, PA 17110 ,PH: 717.232.9900 FAX: 717.236.9119 40 E. PHILADELPHIA ST. YORK, PA 17401 PH: 717.852.7888 ArrORNEYS AT LAW CASEY SHORE, ESQUIRE CSHORE@NGPLAWFIRM.COM August2,2006 Shane B. Kope, Esquire LAW OFFICES OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Re: Son Cha Yu v. Lester W. Britton, Jr. No. 05-6259 Dear Mr. Kope: It would appear from my records that a request for production of documents and interrogatories were mailed to you on May 10,2006. I still have yet to receive the plaintiff's responses to those discovery requests. Please provide responses to the requests by August 31,2006, or I will be forced to file any necessary motions with the Court. Please feel free to contact me if you have any questions. Very truly yours, CGS/lsb . . . . - . .. CERTIFICATE OF SERVICE AND NOW, this 20th day of September, 2006, I hereby certify that I have served the foregoing MOTION TO COMPEL on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 ~ - Shane B. Kope, Esquire Attorney for Plaintiff J. . 7 ... v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-6259 CIVIL SON CHA YU, PLAINTIFF LESTER W. BIRTTON, JR., DEFENDANT : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3rd day of October, 2006, upon consideration of the Defendant's Motion to Compel, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff shall provide answers to the Defendant's Interrogatories and response to the D~dant's Request for Production of Documents on or before October 31, 2006.V IT IS FURTHER ORDERED AND DIRECTED that failure to comply with this order of court shall result in sanctions pursuant to Pa.R.C.P. No. 4019 which may include dismissal of the action with prejudice. By the Court, Qasey G. ~hore, Esquire Attorney for Defendant bas ..... .. ". ~ CERTIFICATE OF SERVICE AND NOW, this 6th day of November, 2006, I hereby certify that I have served the foregoing MOTION FOR SANCTIONS PURSUANT TO Pa.R.C.P. 4019 on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, add ressed to: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 r-) ,....., S~.'~ t.".., C..) ___....,1 11 .;:: ::-'"~ -l I -n rf~' -:.: " , F I f~C1 OJ -T? - ,- r'J .~, ...,........ -\ ;;:.. C) ::0 \.0 -< ,. ~) . '''I .~ 'tIN .. 2Id ,ll~ VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6259 SON CHA YU, Plaintiff LESTER W. BRITTON, JR., Defendant CIVIL ACTION - LAW ORDER t". AND NOW, this 10 day of November, 2006, it is hereby ordered that a hearing related to the Defendant's Motion for Sanctions Pursuant to Pa.R.C.P. 4019 is scheduled to take plaoo on the I S~ day of ~ , 2006. aJ. g : 3 D A. t"). ~ ~~ 'fIo- 5. BY THE COURT: \l~~ J. Distribution: Casey G. Shore, Esquire, 2411 North Front Street, Harrisburg, PA, 17110 Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Court Administration .~ ~ )J/~jD (, 9--. S S :2 Hd 02 ld=rJ 9UOl SON CHA YU, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LESTER W. BRITTON, JR., Defendant CIVIL ACTION - LAW NO. 05-6259 CIVIL TERM IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 15th day of December, 2006, after hearing regarding the Defendant's Motion for Sanctions in this case, the Plaintiff is directed to file verified answers to the Defendant's request for interrogatories and request for production of documents on or before the close of business on Friday, December 29, 2006. Additionally, inasmuch as the Plaintiff has failed to comply with our previous order, she is directed to pay the sum of $300.00 to the Defendant on or before the same date. By the Court, ~i.~ M. L. Ebert, Jr., J Shane B. Kope, Esquire For the Plaintiff > /)- Iq~ tip ~ ,~ :J#5 Casey G. Shore, Esquire For the Defendant :lfh ',/'.in8 tjf-J :8 81 330 900l Atl\ilOl\;':iH.i:':Xid 3:--11.:10 3:JH::C:--(l311::J KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Plaintiff SON CHA YU, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO. 05-6259 LESTER W. BRITTON, JR., CIVIL ACTION - LAW Defendant. PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-referenced action settled, discontinued and ended on payment of your costs only. Respectfully Submitted, KOPE & ASSOCIATES, LLC c:-'---,.,. -~~~ <--..".'.-snane,B.J<Qp.e q. (Attorney for Plaintiff) NEALON GOVER & PERRY G. Shore, Esq. ey for Defendant) J"o..) = = -' -r"1 f'T1 o:l N -J ~ .-t :J:-n rnp .'om -'jCJ ~~~~ :.1,,-n ")-~--- ':';>l -o'!::......r. S "'1> ><;0 :< -0 :l\: c;-? N 0"