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Home My WebLink About05-6724 .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. QE,--l.,,^O-'i C,~,L 't~ ( ) Equity l Civil Action - (x) Law HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN 210 Avon Drive Carlisle, PA 17013, Plaintiffs SUN Motor Cars, Inc. 1924A Market Street P.O. Box 899 Camp Hill, PA 17011 and SUN Motor Sports, Inc. 4444 Carlisle Pike Camp Hill, PA 17011 and SUN Motor Imports, Inc. 4430 Carlisle Pike Camp Hill, PA 17011 and Mercedes-Benz USA, Inc. clo CT Corporation 1635 Market Street Philadelphia, PA 19103 and Mercedes-Benz USA, LLC c/o CT Corporation 1635 Market Street Philadelphia, PA 19103, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COUNTY: Please issue writ of summons in the above-captioned action. L Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff ANDREW H. DOWLING, ESQUIRE Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 717 -232-5000 phone 717-236-1816 fax ahdowling@mette.com -----:::;:.. --'- --~ ~ ~::::::::;.. ~~~- Signature of Attorney Supreme crr! I~NO. 39692 Date: / oJ. .l 3 O...C I ,/ . WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF~HAVE COMMENCED AN ACTION AGAINST YOU. /) - W prothonot~~ -, <;:-~ by Date: -1. (IJeco.!> Deputy 439534v1 ~ 0- {.q. r-' ~ Ul C) 0:;;::,," 0 C. (';':"} .~., ,:-l'\ Ul c::> ,-.J - rl'"i ~ G c-.:- 8 U( \"...} t-' C) " -' ~ .-CJ ..tJ T~n~ ~ -'.Ci - P- .-.- .. C,,) 0J ~ r- Todd J. Shill, Esquire Attorney I.D. No, 69225 Kelly H. Decker, Esquire Attorney J.D. No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233,573 I; (717) 231-6600 - Fax Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Jnc. HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 05,6724 SUN MOTOR CARS. INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC. MERCEDES-BENZ USA, INC., and MERCEDES, BENZ USA, LLC Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Todd J. Shill, Esquire, Kelly H. Decker, Esquire, and Rhoads & Sinon LLP, as counsel for Defendants, Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. in the above,captioned matter. Respectfully submittf:d, RHOADS & SINON LLP , By: i4ft_f /-! /)z/z. #~ Todd J. Shi;g/ Kelly H. Decker Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. Dated: January 6,2006 591736.] . ~ CERTIFICATE OF SERVICE I. I hereby certify that on the Ie, day of January, 2006, a true and correct copy of the foregoing was served by means of United States mail, first class, postage prepaid, upon the following: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, P A 17110 K(,~ Lrirt,IlLL Kelly deer , c-.' .:.:;;""".} (.:> '-:.;1 -\"1 w.... <- .--1 -"\- -,. , .' ...n -') r_) i - ,,) ::Q cc' " J Todd J. Shill, Esquire Attorney J.D. No, 69225 Kelly H. Decker, Esquire Attorney J.D. No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108,1146 (717) 233,5731 Attorneys for Defendants Sun Motor Cars, Inc.. Sun Motor Sports, Inc., and Sun Motor Imports, Inc. HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUJ\fTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 05-6724 SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC. MERCEDES-BENZ USA, INC., and MERCEDES,BENZ USA, LLC Defendants PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiffto file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, RHOADS & SINON LLP By: i< J-l~ j-J fu kL <- Todd J. shm1 Kelly H. D~:ker Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc.. and Sun Motor Imports, Inc. Dated: January 6, 2006 591725.1 ./ . . CERTIFICATE OF SERVICE I hereby certify that on this {i day of January, 2006, a lime and correct copy of the foregoing Praecipe For Rule To File Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Andrew H. Dowling. Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, P A 1711 0 Kr i!n} U. .aU: l~A_ K H. Decker ~ , HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN Plaintiffs v. SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC. MERCEDES-BENZ USA, INC., and MERCEDES-BENZ USA, LLC Defendants TO: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, P A 17110 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6724 RULE You are hereby ruled to file a Complaint within twenty(20) days of receipt of this Rule or suffer a judgment of non pros. 591726_1 Js / I { (]ffi-i.s:1 ' Prothonotary ~ ',X:; .;::."" <- \ C) -- ("") ':1, .-1 0~l?, ~--;' I'C" _.~ -;\ Ii:'} .....)1'1'1 -'. c;-? ", c;J i: :< - JURY TRIAL DEMANDED Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (7 17) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, Defendants NO. 05-6724 PLAINTIFFS' MOTION FOR EXTENSION OF TIME IN WHICH TO FILE A COMPLAINT AND RULE PURSUANT TO LOCAL RULE 206.4 (C) AND PA.R.C.P. 206.5 AND 206.7 AND NOW, comes Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin, by their attorneys, Mette, Evans and Woodside, and files this Motion for Extension of Time in Which to File a Complaint and Rule pursuant to Local Rule 206.4 (c) and Pa.R.C.P. 206.5 and 206.7 and avers as follows: I. The above-captioned matter was commenced by Praecipe for Writ of Summons filed December 27,2005. 2 2. The above-captioned matter involves a motor vehicle accident that occurred on December 29, 2003 at the intersection of Route 34 and Interstate 81 in Carlisle, Cumberland County, Pennsylvania, involving Harry B. Laughlin, II, owner and operator ofa 2002 Mercedes-Benz C2301P5, VIN #WDBRN47J72A287556. 3. At the time of the above-referenced accident, Mr. Laughlin collided with another vehicle during which the Laughlin vehicle airbag did not deploy. As a result of the accident and the airbag not deploying, Mr. Laughlin suffered various injuries including but not limited to: a. Closed head injury with post concussion syndrome; b. Seizures; c. Loss of consciousness; d. Blurred and double vision; e. Headaches; f. Memory loss; g. Loss of smell; and, h. Dizziness. It is believed and therefore averred that Mr. Laughlin is permanently disabled from employment as a result of his head injuries. 4. After service of the Writ was obtained on Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports, Inc. (hereinafter referred to as "Sun Motor Defendants"), the Plaintiffs served limited discovery in aid of preparation of 3 Complaint. Specifically, Plaintiffs on January 9, 2006 filed a Request for Production of Documents (attached as Exhibit "A") and Interrogatories (attached as Exhibit "B"). 5. The above-referenced discovery requests are limited, reasonable and necessary in aid to preparation of a Complaint. 6. The Sun Motor Defendants are represented by Kelly Decker, Esquire of Rhoads & Sinon in Harrisburg, Pennsylvania. 7. Attorney Decker, on behalf of the Sun Motor Defendants, caused a Rule to be served on the Plaintiffs, ruling the Plaintiffs to file a Complaint within 20 days or suffer judgment of non pros. The Rule was served on Plaintiffs on January 17,2006. 8. Counsel for Plaintiffs contacted Attorney Decker to seek an agreement for an extension of time in which to file a Complaint after the requested discovery referenced in Exhibits "A" and "B" were answered. Attorney Decker declined Plaintiffs' offer to amicably resolve the issue necessitating this Motion for an Extension of Time to be filed. Attorney Decker claimed that the requested information is somehow privileged without explaining why, and suggested that the Sun Motor Defendants would be filing a Motion for a Protective Order. 9. The Plaintiffs' discovery requests served on Sun Motor Defendants are limited, reasonable and necessary to file a Complaint and to identify the correct legal entity that sold and manufactured the vehicle in question. 10. Plaintiffs request an extension in which to file a Complaint until after this limited discovery is answered. Dated: January 19, 2006 By: ~- WHEREFORE, Plaintiffs request this Court to issue an Order granting an extension of time of thirty (30) days after receipt of the requested discovery in which to file a Complaint. Respectfully submitted, METTE, EVANS & WOODSIDE Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin 4 , ~ {[IIbtf If By: METTE, EVANS & WOODSIDE ~c-'~ Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, NO. 05-6724 Defendants JURY TRIAL DEMANDED PLAINTIFFS' REOUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS SUN MOTOR CARS. INC.. SUN MOTOR SPORTS. INC. AND SUN MOTOR IMPORTS. INC. IN AID OF PREPARATION OF COMPLAINT TO: SUN MOTOR CARS, INC., Defendant SUN MOTOR SPORTS, INC., Defendant SUN MOTOR IMPORTS, INC., Defendant c/o Kelly H. Decker, Esquire Rhoads & Sinon, LLP One South market Street, Twelfth Floor P.O. Box 11416 Harrisburg, PA 17108-1146 Pursuant to Pa. R.C.P. 4009, the Plaintiffs, Harry B. Laughlin, II and Melissa 1. Laughlin, by their attorneys, Mette, Evans & Woodside, requests you to produce copies of the following documents, at their expense, within thirty (30) days of service of this request. Respectfully submitted, Date: January 9, 2006 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin 2 INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the document; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof; acljudication of the propriety of that claim. (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and, (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the (i) Produce copies of all documents and/or redacted documents that are not subject to your claim. (j) "Incident" means the motor vehicle accident on 12/29/03 which occurred at or near the intersection of Route 34 and Interstate 81 in Carlisle, Cumberland County, Pennsylvania, involving Harry B. Laughlin, II the owner and operator of a 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556. 4. Provide all documents concerning any investigation of sensors relating to DOCUMENTS REQUESTED I. Provide any and all service invoices for the 2002 Mercedes-Benz, C230!P5, Vin# WDBRN47J72A287556. 2. Provide any and all invoices for the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556. 3. Provide all documents concerning any investigation into the vehicle damage and/or airbag(s) after the accident of 12/29/03 involving the 2002 Mercedes-Benz, C230!P5, Vin# WDBRN47J72A287556. airbag(s) involving the 2002 Mercedes-Benz, C230!P5, Vin# WDBRN47J72A287556. 5. Provide all documents relating to any recalls of the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556. 6. Provide all documents relating to recalls of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbag(s) and/or airbag(s), from 2000-2004. 7. Provide all documents relating to investigation of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbag(s) and/or airbag(s), from 2000-2004. BY: ~- ~ ~~- 8. Provide all photographs of the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556, owed by Harry B. Laughlin, II as of 12/29/03 taken on or after 12/29/03. 9. All documents identified in your Answers to any set ofInterrogatories In Aid of Preparation of Complaint. NOTE: As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf). METTE, EVANS & WOODSIDE ANDREW H. DOWLING, ESQUIRE Supreme Court L D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 1711 0-0950 Telephone: (717) 232-5000 Attorneys for Plaintiffs Harry B. Laughlin, II, and Melissa J. Laughlin Dated: January 9, 2006 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa 1. Laughlin CERTIFICATE OF SERVICE I certify that I am this day serving a copy ofthe foregoing Plaintiffs Request for Production of Documents in Aid of Preparation of Complaint directed to Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports, Inc. upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kelly H. Decker, Esquire Rhoads & Sinon, LLP One South Market Street, l2'h Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Mercedes-Benz USA, Inc. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 Mercedes-Benz USA, LLC c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~~- Andrew H. Dowling, Esquire Sup. Ct. 1.D. No. 39692 Date: January 9, 2006 ------------- , - m ~ Ci -;:.; tll ~'ih)bli D ------- By: ~-- Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, NO. 05-6724 Defendants JURY TRIAL DEMANDED INTERROGATORIES OF PLAINTIFFS ADDRESSED TO DEFENDANTS SUN MOTOR CARS. INC.. SUN MOTOR SPORTS. INC. AND SUN MOTOR IMPORTS INC. IN AID OF PREP ARA TlON OF COMPLAINT TO: SUN MOTOR CARS, INC., Defendant SUN MOTOR SPORTS, INC., Defendant SUN MOTOR IMPORTS, INC., Defendant c/o Kelly H. Decker, Esquire Rhoads & Sinon, LLP One South Market Square, 12'h Floor P.O. Box 1I46 Harrisburg,PA 17108-1146 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 400 I, et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. Respectfully submitted, METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg,PA 171I0.0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin Date: January 9,2006 2 Definitions -- The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "IdentifY" or "Identity" means when used in reference to -- (I) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and 3 (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; 4 (5) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the motor vehicle accident on ] 2/29/03 which occurred at or near the intersection of Route 34 and Interstate 8] in Carlisle, Cumberland County, Pennsylvania, involving Harry B. Laughlin, II the owner and operator of a 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556. "Person" means a natural person, partnership, association, corporation, or government agency. 5 Standard Instructions. -- The following instructions are applicable to these standard interrogatories: (I) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient infonnation to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 6 1. Identify the legal entity that sold the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556 to Plaintiffs. ANSWER: 7 2. Identify the person(s) conducting an investigation into damage sustained by the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556, owed by Harry B. Laughlin, II as of 12/29/03 which was involved in the incident herein described. Provide for each such person their name, title, business address and business telephone number. ANSWER: 8 3. Identify the current condition and/or location of the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556, owed by Harry B. Laughlin, II as of 12/29/03. ANSWER: By: ~ Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Plaintiffs Interrogatories In Aid of Preparation of Complaint Addressed to Defendant Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kelly H. Decker, Esquire Rhoades & Sinon, LLP One South Market Street, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Mercedes-Benz USA, Inc. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 Mercedes-Benz USA, LLC c/o CT Corporation 1635 Market Street Philadelphia, P A 19103 Respectfully submitted, METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: January 9, 2006 Attorneys for Plaintiff Harry B. Laughlin, II and Melissa J. Laughlin Dated: January 19, 2006 By: -- -------- ~ ~ ~~ ~ CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kelly H. Decker, Esquire Rhoades & Sinon, LLP One South Market Street, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Mercedes-Benz USA, Inc. c/o CT Corporation 1515 Market Street, Suite 1210 Philadelphia, PA 19102 Mercedes-Benz USA, LLC c/o CT Corporation 1515 Market Street, Suite 1210 Philadelphia, PA 19102 Andrew H. Dowling, Esquire Sup. Ct. 1.0. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin 441331v1 ('.) ........" ~11 '-r; .....:' ,) "- . . HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, Defendants NO. 05-6724 JURY TRIAL DEMANDED ORDER ttf AND NOW, this ~'1 day of January, 2006, upon consideration of Plaintiffs' Motion for Extension of Time in Which to File a Complaint, IT IS HEREBY ORDERED AND DECREED that the Motion is GRANTED and Plaintiff shall be given a thirty (30) day extension of time after receipt of the requested discovery from Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc.inW::h~~ :?1~~ Ol..hvl BY '"E COURT: J. ..., ~" ,',( '" ~ ;~\T CIVIL ACTION - LAW . Todd J, Shill. Esquire Attorney LD. No, 69225 Kelly H. Decker, Esquire Attorney LD, No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-573 I Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05,6724 SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC. MERCEDES,BENZ USA, INC., and MERCEDES-BENZ USA, LLC Defendants MOTION FOR PROTECTIVE ORDER PROHIBITING PRE-COMPLAINT DISCOVERY NOW COMES, Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. (collectively referred to as the "Sun Motor Defendants") by and through counsel. Rhoads & Sinon LLP, and file the within Motion for Protective Order Prohibiting Pre,Complaint Discovery pursuant to Pa. R. Civ. P. 4012(a)(I), and aver as follows: I. On December 27, 2005, Plaintiffs instituted this action by filing a Praecipe for Writ of Summons. The Writ of Summons was issued by the Court on December 27,2005. 2. On January 9, 2006, the undersigned filed an Entry of Appearance and a Praecipe for Rule to File a Complaint; a copy of each document was served on Plaintiffs' counsel by regular mail on January 6, 2006. 3. The Rule to File a Complaint was issued on January 9, 2006, and served on 2 , Plaintiffs on January 13, 2006. 4. On or about January 9, 2006, Plaintiffs served Plaintiffs' Request for Production of Documents to Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports, Inc, in Aid to Preparation of Complaint (attached as Exhibit A) and Interrogatories of Plaintiffs Addressed to Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports. Inc, in Aid to Preparation of Complaint (attached as Exhibit B). 5. According to the discovery served on the Sun Motor Defendants, it appears that Plaintiff Harry Laughlin was allegedly involved in a motor vehicle accident on December 29, 2003 at or near the intersection of Route 34 and Interstate 8 I in Carlisle, Pennsylvania in which Plaintiffs claim the airbag in the vehicle that Mr. Laughlin was driving did not deploy. Evidently, the Writ of Summons was filed on December 27,2005, two days shy of the expiration of the two-year statute of limitations for negligence, simply to toll the statute of limitations. 6. Other than what the Sun Motor Defendants can deduce from the interrogatories and documents requested in the precomplaint discovery, the only other factual allegations that Plaintiffs have put forth are contained in a Motion for Extension of Time in which to File a Complaint ("Motion for Extension") which was filed with the Court on or about January 19, 2006. ] A copy of Plaintiffs Motion for Extension is attached hereto as Exhibit C. 7. In their Motion for Extension, Plaintiffs allege that: a. Harry B. Laughlin, II was in a motor vehicle accident; ] Plaintiffs' Motion for Extension contains factual inaccuracies that counsel intended to address in its Answer to Plaintiffs' Motion upon issuance of a Rule to Show Cause. However, the Court issued an order on January 24, 2006. received by Sun Motor Defendants' counsel on January 27, 2006. granting Plaintiffs' Motion giving Plaintiffs "a thirty (30) day extension or time after receipt of the requested discovery from Ithe Sun Motor Defendants) in which to file a Complaint, or after the entry of a orotective order in connection therewith." See Order attached as Exhibit D. However, briefly, the undersigned never represented to Plaintiffs' counsel that the information requested is somehow privileged without explaining why. Rather, the undersigned stated that the discovery requests were broad and were more in the nature of a fishing expedition and that we intended to file a Motion for Protective Order. For those reasons, the undersigned could not concur in Plaintiffs' Motion for Extension. 593680.1 593680.1 3 , b. the airbag did not deploy; and c. as a result of the accident and the airbag not deploying, Mr. Laughlin suffered various injuries and is permanently disabled from employment. 8. Pursuant to Pa.R.Civ.P. 4001 (c), Pennsylvania permits the use of discovery to aid in the preparation of pleadings. See Pa. R. Civ. P. 4001(c). 9. However, the ability ofa Plaintiff to conduct discovery before filing a Complaint is not without limitations. 10. As clearly stated by the Pennsylvania Superior Court in McNeil v. Jordan, 814 A.2d 234, 245-46 (Pa. Super. 2002), pre-complaint discovery may be permitted only upon careful constructive limitations and a showing that: (I) the plaintiff has set forth a prima facie case; and (2) the plaintiff cannot prepare and file a complaint otherwise. Id. at 246. 11. Several court's have refused to permit Plaintiffs to conduct pre-complaint discovery where it appears that, even absent discovery, a complaint can be drafted. Potts v. Consolidated Rail Corp., 37 Pa. D. & CAth 196 (C.P. Allegheny 1998); Anderson v. PennDOT, 47 Pa. D. & C. 3d 429, 1987 WL 49755 (Cumberland C.P. 1987). 12. Moreover, in their Motion for Extension Plaintiffs broadly state that the discovery is "limited, reasonable and necessary to file the Complaint and to identify the correct legal entity that sold and manufactured the vehicle in question." (Motion for Extension, ~9). 13. The Plaintiffs have not met their burden of establishing a prima facie case nor have they demonstrated that a complaint cannot be drafted without the discovery requested. 14. Despite what Plaintiffs' contend in their Motion for Extension, Plaintiffs' Interrogatories and Requests for Production of Documents directed to the Sun Motor Defendants are very broad and go beyond what one needs to file a Complaint. 4 15. Specifically, the documents requested by Plaintiffs include: a. All service invoices for the 2002 Mercedes Benz in question. b. All invoices for the 2002 Mercedes Benz in question. c. All documents concerning any investigation into the vehicle damage and/or airbags after the accident of 12/29/03 involving the vehicle in question. d. All documents concerning any investigation of sensors relating to airbags involving the 2002 Mercedes Benz in question. e. All documents relating to any recalls of the 2002 Mercedes Benz. f. All documents relating to recalls of the Mercedes Benz in question concerning sensors relating to airbags from 2000 to 2004. g. All documents relating to investigation of the Mercedes Benz in question concerning sensors relating to airbags from 2000 to 2004. h. All photographs of the 2002 Mercedes Benz in question taken on or after December 29, 2003. See Exhibit A. 16. Plaintiffs Interrogatories request: a. The identity ofthe legal entity that sold the vehicle in question to Plaintiffs. b. The identity of person conducting an investigation into damage sustained by the vehicle in question which was involved in the accident, including name, title, business address and business telephone number. c. Identify the current condition and/or location of the car in question as of 12/29/03. See Exhibit B. 17. Clearly, Plaintiffs requests go far beyond what is necessary for Plaintiffs to file a Complaint and to determine the identity of the entity which sold the vehicle to the Plaintiffs and/or manufactured the vehicle owned by the Plaintiffs. By way of example only, photographs 593680.1 5 are clearly unnecessary in filing the lawsuit against the Defendants in this matter. 18. Plaintiffs have not and, quite frankly, cannot articulate any reason as to why they need to have copies of all service invoices, invoices, documents concerning any investigation of the airbags and/or recall documents before even filing a Complaint. These are the types of documents that are typically requested during the discovery phase of a lawsuit. 19. Anderson v. PennDOT, 47 Pa. D. & C. 3d 429 (Cumberland C.P. 1987) is directly on point. In Anderson, this Honorable Court refused to permit precomplaint discovery because the Plaintiff had not shown that without precomplaint discovery, a complaint could not be drafted. 20. In Anderson, the Plaintiff filed a Petition to Conduct Precomplaint discovery. Plaintiff simply averred that the helmet which he was wearing at the time of the motor vehicle accident he was involved in was not marked with the name of the manufacturer. Id. at 430. Apparently, Plaintiff claimed that the precomplaint discovery would "eliminate problematic matters which may be raised in the future through preliminary objections" and would "result in more effective and efficient presentation and pleading" of his case. Id. at 431. 21. However, this Honorable Court was not convinced that the discovery sought by Plaintiff was necessary in drafting the complaint and determined: We are at a loss to conclude from the averments in plaintiffs petition, that without precomplaint discovery, he could not draft a complaint. He knows where and how the accident happened; therefore, if the Department of Transportation is negligent, he can plead the material facts in support of a cause of action as required by Pa.R.C.P. 1019(a). If Griffin Products, Inc. made the helmet and it was distributed by KK Motorcycle Supply and Ed Tucker Distributors, he can plead a cause of action in negligence and for product liability against those entities. If it turns out that Griffin Product Supply, Inc. did not make the helmet and KK Motorcycle Supply or Ed Tucker Distributors did not distribute it, they will obviously find a way to be removed from the case, Whether that 593680.1 , occurs does not affect the ability of the plaintiff to plead the factual averments to support a cause of action upon his belief that the helmet was manufactured and distributed by those entities. Id. at 431 (emphasis added). 22. Likewise, in this case, Plaintiffs know where and when Mr. Laughlin's alleged accident occurred. If the Plaintiffs truly only want to know the identity of the entity who manufactured or sold the vehicle owned by the Plaintiffs, they could simply file a Complaint naming all of the named defendants and each defendant can address whether it was properly named a party in this action. Ifit turns out that Sun Motor Cars, Inc., Sun Motor Sports, Inc. or Sun Motor Imports, Inc. did not sell or manufacture the vehicle in question, anyone or all of the Sun Motor Defendants will file preliminary objections and/or motions and find a way to be dismissed from this lawsuit. 23. According to Plaintiffs' Motion for Extension, Plaintiffs currently possess all of the salient facts to formulate the Complaint. In their Motion, Plaintiffs allege that: a. Harry B. Laughlin, II was in a motor vehicle accident; b. The airbag did not deploy; and c. As a result of the accident and the airbag not deploying, Mr. Laughlin suffered various injuries and is permanently disabled from employment. 24. The Sun Motor Defendants should not be forced to bear the burden of combing through their records for documents that mayor may not exist before a Complaint is ever filed. 25. Moreover, the Sun Motor Defendants should not have to produce documents without knowing the specific nature ofthe allegations and guess whether any ofthe named Sun Motor Defendants is a proper party. 26. As the Superior Court decided in McNeil, if this Honorable Court were to grant Plaintiffs' request, this would amount to authorizing the proverbial "fishing expedition." Id. at 6 593680.\ 7 . 47 Cf. Land v. State Farm Mut. Ins. Co., 410 Pa. Super. 579,600 A.2d 605, 608 (Pa. Super. I 991)("While discovery should be liberally allowed, 'fishing expeditions' are not to be countenanced under the guise of discovery"). 27. Such prejudice to the Defendants is precisely why the stringent requirements of pre,complaint discovery, as set forth in McNeil, are applicable. 28. Pursuant to Pa. R. Civ. P. 4012(a)(1), the Sun Motor Defendants have established good cause as to why this Court should protect the Sun Motor Defendants from the unreasonable annoyance, oppression, burden and expense of answering interrogatories and locating and producing requested documents. 29. By Order dated January 24, 2006, this Court granted Plaintiffs' Motion for Extension giving Plaintiffs thirty (30) days after receipt of the requested discovery from the Sun Motor Defendants in which to file a Complaint, "or after entry of a protective order in connection therewith." See January 24, 2006 Order attached hereto as Exhibit D. Based upon Plaintiffs representations to the Court in its Motion, the Court's Order expressly acknowledges that this Motion for Protective Order would be filed and considered. 30. In accordance with Local Rule 208.2(d), the undersigned represents that she sought the concurrence of Attorney Dowling, counsel for Plaintiffs and Attorney Dowling does not concur in this motion. 593680.[ Dated: January 27, 2006 Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. WHEREFORE, for the foregoing reasons, Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. respectfully request that the within Motion for Protective Order Prohibiting Pre,Complaint Discovery be granted and that Plaintiffs' be ordered to file their Complaint within thirty (30) days of the entry of a protective order. Respectfully submitted, RHOADS & SINON LLP By td~ ~1\utu Todd J. Shill Kelly H. Decke 8 593680.\ k',,'-hF1JcJ<< Kelly . ecker CERTIFICATE OF SERVICE I hereby certify that on this 27 day of January, 2006, a true and correct copy of the foregoing Motion for Protective Order Prohibiting Pre-Complaint Discovery was served by means of United States mail, first class, postage prepaid, upon the following: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 593680.1 9 \JfNV/\lASJ\1~3d AiNnc(, ::/~r() 12 :21 Wd L'Z Nvr sun ^';',N!~';"("'::"',l :JHl-'Q W~...)..j'~v<'''':_'J',_-_j _" _ =:U.::iC,.-{]:Jlti ----- tx~yb;t A By: METTE, EVANS & WOODSIDE ~~~ Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 HARRY B. LAUGHLIN, II, and MELISSA 1. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES.BENZ, USA, LLC, NO. 05-6724 Defendants JURY TRIAL DEMANDED PLAINTIFFS' REOUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS SUN MOTOR CARS. INC.. SUN MOTOR SPORTS. INC. AND SUN MOTOR IMPORTS. INC. IN AID OF PREPARATION OF COMPLAINT TO: SUN MOTOR CARS, INC., Defendant SUN MOTOR SPORTS, INC., Defendant SUN MOTOR IMPORTS, INC., Defendant c/o Kelly H. Decker, Esquire Rhoads & Sinon, LLP One South market Street, Twelfth Floor P.O. Box 11416 Harrisburg, PA 17108-1146 Pursuant to Pa. R.C.P. 4009, the Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin, by their attorneys, Mette, Evans & Woodside, requests you to produce copies of the following documents, at their expense, within thirty (30) days of service of this request. Respectfully submitted, Date: January 9, 2006 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin 2 INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the document; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof; or a copy thereof; and, (g) Identify each person who has ever had possession, custody or control of it (h) Provide sufficient infonnation concerning the document and the circumstances thereofto explain the claim of privilege and to pennit the adjudication ofthe propriety of that claim. (i) Produce copies of all documents and/or redacted documents that are not subject to your claim. G) "Incident" means the motor vehicle accident on 12/29/03 which occurred at or near the intersection of Route 34 and Interstate 81 in Carlisle, Cumberland County, Pennsylvania, involving Harry B. Laughlin, II the owner and operator of a 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556. 7. Provide all documents relating to investigation of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbag(s) and/or airbag(s), from 2000-2004. DOCUMENTS REQUESTED I. Provide any and all service invoices for the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556. 2. Provide any and all invoices for the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN4 7 J72A287556. 3. Provide all documents concerning any investigation into the vehicle damage andlor airbag(s) after the accident of 12/29/03 involving the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556. 4. Provide all documents concerning any investigation of sensors relating to airbag(s) involving the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556. 5. Provide all documents relating to any recalls of the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556. 6. Provide all documents relating to recalls of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbag(s) andlor airbag(s), from 2000-2004. BY: ~- 8. Provide all photographs of the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556, owed by Harry B. Laughlin, II as of 12/29/03 taken on or after 12/29/03. 9. All documents identified in your Answers to any set ofInterrogatories In Aid of Preparation of Complaint. NOTE: As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf). METTE, EVANS & WOODSIDE ANDREW H. DOWLING, ESQUIRE Supreme Court 1. D. No. 39692 340 I North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiffs Harry B. Laughlin, II, and Melissa 1. Laughlin Dated: January 9, 2006 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Plaintiff's Request for Production of Documents in Aid of Preparation of Complaint directed to Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports, Inc. upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kelly H. Decker, Esquire Rhoads & Sinon, LLP One South Market Street, 12th Floor P.O. Box 1146 Harrisburg,PA 17108-1146 Mercedes-Benz USA, Inc. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 Mercedes-Benz USA, LLC c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 Respectfully submitted, By: METTE, EVANS & WOODSIDE ~ Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin Date: January 9, 2006 ~ a I . f 13 fih\ Ioi By: ~~ Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, NO. 05-6724 Defendants JURY TRIAL DEMANDED INTERROGATORIES OF PLAINTIFFS ADDRESSED TO DEFENDANTS SUN MOTOR CARS. INC., SUN MOTOR SPORTS. INC. AND SUN MOTOR IMPORTS INC. IN AID OF PREPARATION OF COMPLAINT TO: SUN MOTOR CARS, INC., Defendant SUN MOTOR SPORTS, INC., Defendant SUN MOTOR IMPORTS, INC., Defendant c/o Kelly H. Decker, Esquire Rhoads & Sinon, LLP One South Market Square, lih Floor P.O. Box 1146 Harrisburg, PA 17108-1146 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. Respectfully submitted, METTE, EVANS & WOODSIDE 340 I North Front Street P. O. Box 5950 Harrisburg, PA 17110,0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin Date: January 9, 2006 2 Definitions -- The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to -- (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and 3 (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; 4 (5) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the motor vehicle accident on 12/29/03 which occurred at or near the intersection of Route 34 and Interstate 81 in Carlisle, Cumberland County, Pennsylvania, involving Harry B. Laughlin, II the owner and operator of a 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556. "Person" means a natural person, partnership, association, corporation, or government agency. Standard Instructions. -- The following instructions are applicable to these standard interrogatories: (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 5 6 I. Identify the legal entity that sold the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47172A287556 to Plaintiffs. ANSWER: 7 2. Identify the person(s) conducting an investigation into damage sustained by the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556, owed by Harry B. Laughlin, II as of 12/29/03 which was involved in the incident herein described. Provide for each such person their name, title, business address and business telephone number. ANSWER: 8 3. Identify the current condition and/or location of the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556, owed by Harry B. Laugh]in, II as of ]2/29/03. ANSWER: By: ~ Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Plaintiffs Interrogatories In Aid of Preparation of Complaint Addressed to Defendant Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as folIows: KelIy H. Decker, Esquire Rhoades & Sinon, LLP One South Market Street, lth Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Mercedes-Benz USA, Inc. c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 Mercedes-Benz USA, LLC c/o CT Corporation 1635 Market Street Philadelphia, PA 19103 RespectfulIy submitted, METTE, EVANS & WOODSIDE 3401 North Front Street P. O. Box 5950 Harrisburg,PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: January 9, 2006 Attorneys for Plaintiff Harry B. Laughlin, II and Melissa J. Laughlin , ( SI~\i 6,1-- L -'") .~, Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, P A 1711 0-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, Defendants NO. 05-6724 ~o '::::"? c...:.~ :.> '- n -'11 -! tl":;:'d c~ JURY TRIAL DEMANDED L) 1m) ICi1 c) PLAINTIFFS' MOTION FOR EXTENSION OF TIME IN WHICH TO FILE A COMPLAINT AND RULE PURSUANT TO LOCAL RULE 206.4 (C) AND PA.R.C.P. 206.5 AND 206.7 0_1 c:.; AND NOW, comes Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin, by their attorneys, Mette, Evans and Woodside, and files this Motion for Extension of Time in Which to File a Complaint and Rule pursuant to Local Rule 206.4 (c) and Pa.R.C.P. 206.5 and 206.7 and avers as follows: 1. The above-captioned matter was commenced by Praecipe for Writ of Summons filed December 27, 2005. 1.;' 2 2. The above-captioned matter involves a motor vehicle accident that occurred on December 29, 2003 at the intersection of Route 34 and Interstate 81 in Carlisle, Cumberland County, Pennsylvania, involving Harry B. Laughlin, II, owner and operator ofa 2002 Mercedes-Benz C230/P5, VIN #WDBRN47J72A287556. 3. At the time of the above-referenced accident, Mr. Laughlin collided with another vehicle during which the Laughlin vehicle airbag did not deploy. As a result of the accident and the airbag not deploying, Mr. Laughlin suffered various injuries including but not limited to: a. Closed head injury with post concussion syndrome; b. Seizures; c. Loss of consciousness; d. Blurred and double vision; e. Headaches; f. Memory loss; g. Loss of smell; and, h. Dizziness. It is believed and therefore averred that Mr. Laughlin is permanently disabled from employment as a result of his head injuries. 4. After service of the Writ was obtained on Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports, Inc. (hereinafter referred to as "Sun Motor Defendants"), the Plaintiffs served limited discovery in aid of preparation of 3 . Complaint. Specifically, Plaintiffs on January 9, 2006 filed a Request for Production of Documents (attached as Exhibit "A") and Interrogatories (attached as Exhibit "B"). 5. The above-referenced discovery requests are limited, reasonable and necessary in aid to preparation of a Complaint. 6. The Sun Motor Defendants are represented by Kelly Decker, Esquire of Rhoads & Sinon in Harrisburg, Pennsylvania. 7. Attorney Decker, on behalf of the Sun Motor Defendants, caused a Rule to be served on the Plaintiffs, ruling the Plaintiffs to file a Complaint within 20 days or suffer judgment of non pros. The Rule was served on Plaintiffs on January 17,2006. 8. Counsel for Plaintiffs contacted Attorney Decker to seek an agreement for an extension of time in which to file a Complaint after the requested discovery referenced in Exhibits "A" and "B" were answered. Attorney Decker declined Plaintiffs' offer to amicably resolve the issue necessitating this Motion for an Extension of Time to be filed. Attorney Decker claimed that the requested information is somehow privileged without explaining why, and suggested that the Sun Motor Defendants would be filing a Motion for a Protective Order. 9. The Plaintiffs' discovery requests served on Sun Motor Defendants are limited, reasonable and necessary to file a Complaint and to identify the correct legal entity that sold and manufactured the vehicle in question. 10. Plaintiffs request an extension in which to file a Complaint until after this limited discovery is answered. Dated: January 19,2006 By: ~- . WHEREFORE, Plaintiffs request this Court to issue an Order granting an extension of time of thirty (30) days after receipt of the requested discovery in which to file a Complaint. Respectfully submitted, METTE, EVANS & WOODSIDE Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa 1. Laughlin 4 . ~- Ex tub) t D - 1. ~~~~u;$~~iC~~-"''"'<''~~A''''t<.,"o_^""",,_--;:;:-::::.~._--._-::::.:;;:.::;-::":,~::::=::::.....::~-;~.~,~:- ,- . ...- HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, Defendants NO. 05-6724 JURY TRIAL DEMANDED ORDER ~ AND NOW, this ~'I day of January, 2006, upon consideration of Plaintiffs' Motion for Extension of Time in Which to File a Complaint, IT IS HEREBY ORDERED AND DECREED that the Motion is GRANTED and Plaintiff shall be given a thirty (30) day extension of time after receipt of the requested discovery from Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc,inW~h;::~:la~ :::S7~~ CA~ BL~~OU~T: .?>/ ) .r' n r Z ,- HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN g; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v, NO. 05-6724 SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INe. MERCEDES-BENZ USA, INC., and MERCEDES-BENZ USA, LLC Defendants ORDER AND NOW, this e!~ay of ~ ' 2006, having considered Defendants' Motion for Protective Order Prohibiting Pre-Complaint Discovery a.r:d any pppositi~ thereto, it is hereby _._.: ~~.... ~:.;. u;; ~ ORDERED that Dd~~' 1.1 : Vi fl:~ t .dJI in OIl {~~. [u jJ. .) F~ ~y r~()' c::t- I.'oc> j>'~, ~ ~ . OPJ;:tEThCD !tat Plu.~u.lilf~~ rvlvl~vu r Vi A.ll Ehl~U;:)~VH OfT:u...':' If., fila ~^ ('^'~pl<c>;~t;" T"'\~}n1iD. Judge 593708,] ri. ~ \. f-t f~f <'j'J , 'Ir'il' l'.;:::i~/',JnJ ti I :21 i!d 2- 83.:l90aZ -'-"J:JH1~n !.n.J!I:""IL,u' :.,,'! >''-...\..... .....v Atl';'VJ'1 ,>....v,.. '- 3JHY)-0311:l SHERIFF'S RETURN - REGULAR CASE NO: 2005-06724 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHLIN HARY B II ET AL VS SUN MOTOR CARS INC ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SUN MOTOR CARS INC the DEFENDANT , at 1006:00 HOURS, on the 30th day of December, 2006 at 4430 CARLISLE PIKE CAMP HILL, PA 17011 by handing to DANIEL SUNDERLAND, VICE PRESIDENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 13 .44 .83 10.00 .00 42.27 r'%~~<,~,c~_ R. Thomas Kline 01/31/2006 METTE EVANS Sworn and Subscribed to before By: WOODSIDE ) ,/ ~~I '1 ~ t!. /V( ~~' ~N<<. Deput he l f me this 7S- day of 1~~ Pro . not ry A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-06724 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHLIN HARY B II ET AL VS SUN MOTOR CARS INC ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SUN MOTOR SPORTS INC the DEFENDANT , at 1006:00 HOURS, on the 30th day of December, 2005 at 4430 CARLISLE PIKE CAMP HILL, PA 17011 by handing to DANIEL SUNDERLAND, VICE PRESIDENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 _.'"-'<~' ."-",,:>- .--1""- '"".. ,'- . R. Thomas Kline /' ' ..;(,~.-;f::: .,"',.,A--;:~~~ 01/31/2006 METTE EVANS Sworn and Subscribed to before By: me this .u::: '1- day of ~_ktl~~ A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-06724 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHLIN HARY B II ET AL VS SUN MOTOR CARS INC ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SUN MOTOR IMPORTS INC the DEFENDANT at 1006:00 HOURS, on the 30th day of December, 2005 at 4430 CARLISLE PIKE CAMP HILL, PA 17011 by handing to DANIEL SUNDERLAND, VICE PRESIDENT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,#, , R. Thomas Kline 01/31/2006 METTE EVANS Sworn and Subscribed to before By: me this '" 1 ~ day of J~ ~~~ ~~ar A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06724 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHLIN HARY B II ET AL VS SUN MOTOR CARS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MERCEDES-BENZ USA INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 31st , 2006 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelpia Postage 6.00 9.00 10.00 136.00 .83 161.83 01/31/2006 METTE EVANS So a...n.. s~.../._./~~ ._./ /;/ /?:.::.:.::.:_/~~c:;::::::::::-'-::~--- "~~/ R. Thomas Kline Sheriff of Cumberland County WOODSIDE Sworn and subscribed to before me K> this '7 - c2 qO (. day of j~ A'D'~ /Ih -.. ~proth ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06724 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHLIN HARY B II ET AL VS SUN MOTOR CARS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MERCEDES-BENZ USA LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 31st , 2006 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/31/2006 METTE EVANS So answers.>- ......-- _-v' __j ~_ _ ___...r- .-~--->. ""~j ~::~ ~- ~( .- -L---- /' R; Thomas Kline ( Sheriff of Cumberland County / -.---" WOODSIDE Sworn and subscribed to before me this ./E day of J~ ~00~ A~ {!1'~Vry . '4' ~n'The Court ofConmion Pleas~umberland County, Pennsylvania Harry B. Laughlin II et al VS. SUN Motor Cars Inc et al SERVE: Mercedes-Benz USA., Inc No. 05-6724 civil Now, December 29, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?'~.~~<~ Sheriff of Cumherland County, PA Affidavit of Service upon ])~<1.-z- [) Vr) J he. (51S 'Acrid /) f~ P f ~. . J1v..uar '/ I 1,. 1M ..w"J h Ft{ eie ~ 1'2.-- , 20oL., at cr 0' clock L M. served the Now, within at c/~ {.T (iOYf' by handing to )~"dl ;0 Ic~cl\ f ! A-VI LVI {- copy of the original S;/,,- ^O"fJ a and made known to iW the contents thereof. So answers, COMMONWEALTH .?F PENNSYLVANIA . NOJARiA'.3EAL SUSAN L. ROSENFc!.D. Notary Public M CIty of Pr.I!2rj:ID'~,:n Phila. County y Commlf;''!Ii):'_L<~!~~i:!'_' V;?r:.i; ~ 'j, 2008 2-', ~Ut'ld T,(y nUl ( ehi [v County, P A ) l,20.QL -]) 8 ,..f I Veca S .!:.&"U COSTS SERVlCE MILEAGE AFFIDAVlT $ Sworn and subscribed before m~gj' ~<:"'" ... l $ . In' The Court of Common Pleas"tf Cumberland County, Pennsylvania \ Harry B. Laughlin II et al VS. SUN Motor Cars Inc et al SERVE: Mercedes-Benz USA, LLC No. 05-6724 civil Now, December 29, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r"~~~4' Sheriff of Cumberland County, PA Affidavit of Service Now, r-;;- J c;., <PO () k I , ) "'" 1AfJ/I' J , 2oL, at '1 o'clock L M. served the within at /'1 fvc ('Ie Z !! tv? Z- (j~;+) LL. ( . . / J /5/iur kef /211, f I JcV\(/; Sf &1'1t't-, I Ch { ~-rCDY . upon by handing to a copy of the original .L..., .....011' and made known to kif the contents thereof. So answers, Sworn and subscribed before 2~;Y U,y PC,""' , 20 i2L r ~~ Ividll[ftlQ.L{ f,. ~Jl8\iff Cl '-tUlL/JJ ;c:tvifi-. County, PA i 't'y 0 ( J~ES'j !Jx!/VL- COSTS SERVICE MILEAGE AFFIDA VIT $ .c MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUSAN L. ROSENF::LD, Notary PubliC City of Phlladelohla, Phlla. County My Comm!S2~:~:~"'L_iE~.2,~~rch 11,2008 $ / LAVIN, O'NEIL, RICCI, CEDRONE & DlSIPIO By: William J. Ricci, Esquire Attorney J.D. # 27708 190 North Independence Man West Snite 500, 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendant, Mercedes-Benz USA, LLC HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC NO. 05-6724 MOTION OF DEFENDANT, MERCEDES-BENZ USA, LLC FOR A PROTECTIVE ORDER AND NOW, defendant Mercedes-Benz USA, LLC, by and through its attorneys, Lavin, O'Neil, Ricci, Cedrone & DiSipio, moves pursuant to Pennsylvania Rule of Civil Procedure 4012 for the entry of an Order prohibiting plaintiffs from conducting pre-complaint discovery in the form of the attached Requests for Production of Documents and Interrogatories, respectively. In support thereof, it avers as follow: 1. Plaintiffs, Harry B, Laughlin, II, and Melissa J. Laughlin commenced the above-captioned action against Mercedes-Benz USA, LLC (hereinafter "MBUSA") on or about December 27, 2005 by Writ of Summons. Plaintiffs have also commenced their action against Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. (hereinafter "Sun Motor"). 2. In a Motion for Extension of Time in which to File a Complaint (hereinafter "Motion for Extension of Time" attached hereto as Exhibit A) filed with the Court January 19, 2006, in response to a Rule to File Complaint filed on behalf of defendants, Sun Motor, plaintiffs assert that Harry B. Laughlin was injured as a result of an automobile accident and non-deployment of the airbag in his 2002 Mercedes C230. 3. On or about January 24, 2006, plaintiffs served defendant MBUSA with discovery consisting of Requests for Production of Documents (attached hereto as Exhibit B) and Interrogatories (attached hereto as Exhibit C). 4. Although Pennsylvania allows the use of discovery to aid in the preparation of pleadings, such process is limited. Pre-complaint discovery does not authorize a "fishing expedition" to determine whether a cause of action exists. E.g.. McNeil v. Jordan 814 A.2d 234, 246 (Pa. Super. 2002). 5. To serve discovery, plaintiffs must first have what is referred to as a need for the discovery, "prima facie" case, and then call upon the discovery rules to assist them in obtaining particular facts. As such, discovery at this pre-complaint stage is permissible if it is shown that, one, the plaintiff has set forth such a prima facie case, and, two, the plaintiff cannot prepare and file a Complaint otherwise. !d. 6. The Pennsylvania Rules of Civil Procedure expressly confirm this limitation of pre-complaint discovery. Pennsylvania Rule of Civil Procedure Rule 4005(a) states that "interrogatories which are to be served prior to the service of the Complaint shall be limited to the purposes of preparing a Complaint and shall contain a brief statement of the nature of the cause of action" (emphasis added). Plaintiffs' Interrogatories are beyond the limited scope of seeking information for the preparation of -2- their Complaint. Nor do their Interrogatories provide MBUSA the required brief statement of the nature of the cause of action, if any. 7. Likewise, Pennsylvania Rule of Civil Procedure Rule 4009.l2(a)(2) offers the remedy of a protective order to the party to whom a Request for Production of Documents is directed to prevent abuse, which in this context is plaintiffs' attempt to seek inappropriate pre-pleading discovery. 8. Plaintiffs have failed to make any showing of such a prima facie case. Nor is their discovery tailored to the limited purpose of obtaining facts necessary to prepare and file a Complaint. 9. Rather than making an attempt to gather information necessary to the preparation of their pleading, plaintiffs simply served boilerplate discovery questions and requests seeking information which, although theoretically discoverable during the course of the litigation after the Complaint is filed, are certainly not appropriate now. 10. Rather than serving what should be Request for Production of Documents "In Aid of Preparation of Complaint" as captioned, plaintiffs request that MBUSA produce: a. any and all service invoices for the 2002 Mercedes-Benz C230/P5 VIN WDBRN47J72A287556; b. any and all invoices for the 2002 Mercedes-Benz, C230/P5 VIN WDBRN47J72A287556; c. all documents concerning any investigation in the vehicle damage and/or airbag(s) after the accident of 12/29/03 involving the 2002 Mercedes-Benz, C230/P5 VIN WDBRN47J72A287556; d. all documents concerning any investigation of the sensors relating to airbag(s) involving the 2002 Mercedes-Benz, C230/P5 VIN WDBRN47J72A287556; -3- e. all documents relating to any recalls of the 2002 Mercedes-Benz, C230/P5 VIN WDBRN47J72A287556; f. all documents relating to recalls of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbag(s) and/or airbag(s) from 2002-2004; g. all documents relating to investigation of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbag(s) and/or airbag(s), from 2000-2004; h. all photographs of the 2002 Mercedes-Benz, C230/P5, VIN WDBRN47J72A287556, owned by Harry B. Laughlin, II as of 12/29/03 taken on or after 12/29/03; 1. all documents identified in you Answers to any set of Interrogatories In Aid of Preparation of Complaint. II. Rather than serving what should be Interrogatories "In Aid of Preparation of Complaint" as captioned, plaintiffs' Interrogatories request that MBUSA: a. identify the legal entity that manufactured and/or sold the 2002 Mercedes-Benz, C230/P5, VIN WDBRN47J72A287556 to plaintiffs; b. identify the person(s) conducting an investigation into damage sustained by the 2002 Mercedes-Benz, C230/P5, VIN WDBRN47J72A287556, owned by Harry B. Laughlin, II as of 12/29/03 which was involved in the incident herein described. Provide for each person their name, title, business address and business telephone number; c. identify the current condition and/or location of the 2002 Mercedes-Benz, C230/P5, VIN WDBRN47J72A287556, owned by Harry B. Laughlin, II as of 12/29/03. 12. Plaintiffs' discovery is far beyond what is necessary for them to file a Complaint. 13. Indeed, in all of their filings and papers served to date, plaintiffs have demonstrated sufficient knowledge to file a Complaint as: -4- a. Plaintiffs know when the accident happened; 12/29/03. (Definition of "Incident" in plaintiffs' Interrogatories and Request for Production ofDocwnents); b. Plaintiffs know where the accident happened; at or near the intersection of Route 34 and Interstate 81 in Carlisle, Cumberland County, Pennsylvania. (Definition of "Incident" in plaintiffs' Interrogatories and Request for Production of Documents); c. Plaintiffs know who was involved in the accident, namely Harry B. Laughlin, II and another vehicle. (Motion for Extension of Time at ~ 3)1; d. Plaintiffs know the make of the vehicle Mr. Laughlin operated in the accident: a 2002 Mercedes-Benz C230/P5. (Definition of "Incident" in plaintiffs' Interrogatories and Request for Production of Documents); e. Plaintiffs know the VIN of the vehicle alleged to have been in the accident: WDBRN4J72A287556. (Definition of "Incident" in plaintiffs' 1nterrogatories and Request for Production of Documents); f. Plaintiffs have alleged a cause of action, namely that "Mr. Laughlin collided with another vehicle during which the Laughlin airbag did not deploy. As a result of the accident and the airbag not deploying, Mr. Laughlin suffered various injuries". "It is believed and averred that Mr. Laughlin is permanently disabled from employment as a result of his head injuries." (Motion for Extension of Time at ~ 3). 14. This Honorable Court has denied pre-complaint discovery where a plaintiff has demonstrated equivalent knowledge of underlying accident events. Anderson v. PennDOT, 47 Pa. D. &C. 3d 429, 431-432 (Cumberland C.e.P. 1987) 15. The decision by Pelllisylvania Courts to place limits on pre-complaint discovery was not one made in a vacuum. It was and is supported by the policy considerations that defendants should have the opportunity to show that the allegations in 1 Although plaintiffs have had more than two years since the date of the accident to gather the facts of the accident in which Mr. Langhlin was allegedly involved, the docnments they have served on MBUSA to date do not indicate that they have even bothered to obtain any identifying information about the other vehicle or its driver, if any. -5- the complaint fail to state a cause of action, before having to respond to extensive discovery and expending time and resources involving such claims. Nor should a defendant be required to engage in discovery until the pleadings containing the averments of fact upon which a plaintiffs claims (and a defendant's potential defenses) are based have been filed. Finally, until a complaint has been filed that meets the specificity requirements of the Pennsylvania Rules of Civil Procedure, a defendant and a Court may not be in a position to determine whether the discovery which the plaintiff seeks involves matters relevant to the subject matter involved in the pending action. McNeil at 244-245, quoting with approval from Potts v. Consolidated Rail Corp., 37 Pa. D. & e. 4th 196 (e.e.P. Allegheny 1998). 16. Plaintiffs' decision to file a Writ of Summons literally two days before the expiration of the statute of limitations should not be rewarded by forcing MBUSA to answer discovery prior to the filing of a Complaint. 17. In sum, MBUSA should not be required to answer plaintiffs' Interrogatories, without knowing the specific allegations against it. 18. Nor should MBUSA be required to search for documents that mayor may not exist, or mayor may not be relevant to allegations plaintiffs may eventually make in a Complaint. 19. In accordance with Local Rule 208.2(d), the undersigned sought concurrence of Attorney Andrew Dowling, counsel for plaintiffs. Attorney Dowling does not concur in this motion. -6- WHEREFORE, defendant Mercedes-Benz USA, LLC respectfully requests that this Honorable Court enter a Protective Order. Defendant further requests all such other and further reliefto which it is entitled at law and in equity. Respectfully submitted, LAVIN, O'NEIL, RICCI, CEDRONE & DlSIPIO BY: ~~ William J. icci, Esquire Attorney or defendant, Mercedes-Benz USA, LLC -7- CERTIFICATE OF SERVICE I, William J. Ricci, hereby certify that a true and correct copy of the Motion of Defendant, Mercedes-Benz USA, LLC for a Protective Order, was filed with the Prothonotary of the Court of Common Pleas of Cumberland County and forwarded to counsel of record as noted below via Federal Express, postage prepaid on February 15, 2006. METTE, EVANS & WOODSIDE PC Andrew H. Dowling, Esquire 340 I North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 RHOADS & SINON LLP Todd J. Shill, Esquire Kelly H. Decker, Esquire One South Market Square, 12'h Floor P.O. Box 1146 Harrisburg, PAl 71 08-1146 LAVIN, O'NEIL, RICCI, CEDRONE & DlSIPIO BY: ~~/I~ William J. Ricci, Esquire C) _..~ ;:\ r:~'_ C:J 0) _.~, .' d 0-1 , , LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: William J. Ricci, Esquire Attorney l.D. # 27708 190 North Indepeudence Mall West Suite 500, 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendants, Mercedes-Benz USA, LLC HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC NO. 05-6724 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Mercedes-Benz USA, LLC, in the above-captioned matter. Lavin, O'Neil, Ricci, Cedrone & DiSipio By: ,/ Date: Jt~7 /1.-ltlt76 William . Ricci, Esquire Attorney for Defendant, Mercedes-Benz USA, LLC LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: William J. Ricci, Esquire Attorney I.D. # 27708 190 North Independence Mall West Suite 500, 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendants, Mercedes-Benz USA, LLC HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC NO. 05-6724 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Entry of Appearance for Mercedes- Benz USA, LLC was served upon all interested counsel in the manner indicated below on February 15, 2006. Service by FIRST CLASS MAlL addressed asfollows: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110 Todd J. Shill, Esquire Kelly H. Decker, Esquire Rhoads & Sinon, LLP One South Market Square, Ith Floor P. O. Box 1146 Harrisburg, PA 17108-1146 LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: WILLIA . RICCI, ESQUIRE Attorneys for Defendant. Mercedes-Benz USA, LLC L C) C- ..,., P"~ G~j ) -" --! ~T. en c'.::' LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: William J. Ricci, Esquire Attorney LD. # 27708 190 North Independence Mall West Suite 500, 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendants, Mercedes-Benz USA, LLC HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC NO. 05-6724 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a rule upon plaintiffs, to file a complaint within twenty (20) days or suffer the entry of a Judgment of Non Pros as to defendant, Mercedes-Benz USA, LLe. Lavin, O'Neil, Ricci, Cedrone & DiSipio By: ///h/k; WilliamYRicci, Esquire Attorney for Defendant, Mercedes-Benz USA, LLC RULE TO FILE COMPLAINT AND NOW, this II.. -IZday of , 2006, a Rule is hereby granted upon plaintiffs, to file a Complaint herein within twenty ( 0) days after service hereof or suffer e entry of a Judgment of Non Pros. LAVIN, O'NEIL, RICCI, CEDRONE & D1SIPIO By: William J. Ricci, Esquire Attorney I.D. # 27708 190 North Independence Mall West Suite 500, 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendants, Mercedes-Benz USA, LLC HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC NO. 05-6724 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Praecipe for Rule to File Complaint of Mercedes-Benz USA, LLC was served upon all interested counsel in the manner indicated below on February 15,2006. Service by FIRST CLASS MAlL addressed as follows: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110 Todd J. Shill, Esquire Kelly H. Decker, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 LA VIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: ;/~/~ WILLl~ J. RICCI, ESQUIRE Attorneys for Defendant, Mercedes-Benz USA. LLC t"''':'\- :') -'1 :-...1 .-t'1 r-;j C~.1- ;d -,': C'I (....-' (j\ .,' Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa J Laughlin HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, Defendants NO. 05-6724 JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO "MOTION FOR PROTECTIVE ORDER PROHIBITING PRE-COMPLAINT DISCOVERY" FILED BY SUN MOTOR DEFENDANTS AND NOW, comes Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin, by their attorneys, Mette, Evans and Woodside, and files this Response to "Motion for Protective Order Prohibiting Pre-Complaint Discovery" filed by Sun Motor Defendants and avers as follows: 1. Admitted. 2. Admitted. By way of further answer, copy of the referenced document was not received by Plaintiffs' counsel until January 9, 2006. 3. Admitted that the Rule to File Complaint was issued on January 9, 2006. Plaintiffs received a copy of the issued Rule to File Complaint on January 17,2006. All other averments are denied. 4. Admitted. 5. Denied as stated. Pursuant to the requirements of the Pennsylvania Rules of Civil Procedure, the nature of the cause of action was stated with the discovery served as follows: "Incident" means the motor vehicle accident on 12/29/03 which occurred at or near the intersection of Route 34 and Interstate 81 in Carlisle, Cumberland County, Pennsylvania, involving Harry B. Laughlin, II the owner and operator of a 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556. It is admitted that the airbag did not deploy in the accident. It is admitted that the Writ of Summons was filed on December 27,2005, two days before the expiration of the two year Statute of Limitations. All other averments are denied. 6. Denied as stated. It is admitted that the Plaintiffs filed a Motion for Extension of Time in Which to File a Complaint filed with the Court on January 19, 2006. All other averments are denied. 7. Denied as stated. The Motion for Extension speaks for itself. 8. Admitted. 9. Denied as stated. The requested discovery IS limited, reasonable and necessary to file a Complaint. 10. Denied as stated. The court in McNeill v Jordan, 814 A.2d 234, (Pa. Super. 2002), performed a detailed review of a number of lower court opinions and held: 2 "Based upon the above, we hold that precomplaint discovery is permissible if it is shown that, one, the plaintiff has set forth a prima facie case, and, two, the plaintiff cannot prepare and file a complaint otherwise." The court prefaced the holding by stating that they were "more persuaded by the caselaw setting reasonable limits on precomplaint discovery than the caselaw permitting a more liberal allowance of discovery." [emphasis added] In its thorough review, the McNeill court referenced both Dauphin County and Cumberland County trial court opinions. In Anderson v PennDOT. 47 D. & C. 3d 429 (C.P. Cumberland Cty. 1987), Judge Bailey prohibited precomplaint discovery holding that based on the averments in the petition, the court was at a loss to conclude that without precomplaint discovery he could not draft a complaint. The McNeill opinion is consistent with Judge Bailey's Opinion. In Vartan Entemrises. Inc. v Susqueharma Township, 41 Pa. D. & C. 4th 534 (C.P. Dauphin 1998), the court permitted precomplaint discovery holding that discovery would be permitted with the assertions by plaintiffs that they did not have all the information necessary to specifically identify all proper causes of action and parties responsible for injuring plaintiffs. The McNeill court referenced the Dauphin County opinion with approval. Unlike the facts in McNeill and Anderson and like the facts in Vartan Entemrises and consistent with the legal holdings in McNeill, Anderson and Vartan Entemrises, plaintiff has set forth a prima facie case and has established that a complaint cannot be filed without the requested discovery. See Affidavit of plaintiff, Harry B. Laughlin, II attached as Exhibit "A." The requested discovery is limited, reasonable and necessary to file a Complaint. 3 11. See response to paragraph 10 and New Matter. 12. Admitted. By way of further answer, the entire Motion for Extension is incorporated herein by reference. 13. Denied. See response to paragraph 10 and New Matter. 14. Denied. 15. The requested discovery is contained in Exhibits "A" and "B" to Sun Motor Defendants' Motion. No further response required. 16. The requested discovery is contained in Exhibits "A" and "B" to Sun Motor Defendants'Motion. No further response required. 17. Denied. 18. Denied. Plaintiffs need documents to demonstrate the examination of the vehicle and why the airbag did not deploy. The requested documents would go directly to that issue. 19. See response to paragraph 10 and New Matter. 20. See response to paragraph 10 and New Matter. 21. See response to paragraph 10 and New Matter. 22. Denied as stated. The averments in this paragraph by Sun Motor Defendants demonstrate exactly why these limited reasonable and necessary pre- Complaint discovery is being pursued. It would be a waste of time and Court resources to go through preliminary objections, briefs, arguments on the legal identity of the entity that sold the vehicle in question, which all could be eliminated by Sun Motor Defendants answering a very simple question. 4 23. Admitted in part and denied in part. The Plaintiffs do not have the "salient facts" to establish whether the airbag should have deployed and if so, the defect in the vehicle as to why it did not deploy. 24. It is the Plaintiffs' position that they should be required to do. 25. It is Plaintiffs' position that they should be required to do so, and they have enough information concerning the claim to produce the requested discovery. 26. Denied. The requested discovery is limited, reasonable and necessary and not a "fishing expedition." By way of further answer, see response to paragraph 10. 27. Denied. The Defendants are not prejudiced. 28. Denied. 29. Admitted. 30. Admitted. NEW MATTER 31. Plaintiff reasserts the argument made in response to paragraph 10: The court in McNeill v Jordan, 814 A.2d 234, (Pa. Super. 2002) performed a detailed review of a number of lower court opinions and held: "Based upon the above, we hold that precomplaint discovery is permissible if it is shown that, one, the plaintiff has set forth a prima facie case, and, two, the plaintiff cannot prepare and file a complaint otherwise." The court prefaced the holding by stating that they were "more persuaded by the caselaw setting reasonable limits on precomplaint discovery than the caselaw permitting a more liberal allowance of discovery." [emphasis added] In its thorough review, the McNeill 5 court referenced both Dauphin County and Cumberland County trial court opinions. In Anderson v PennDOT. 47 D. & C. 3d 429 (C.P. Cumberland Cty. 1987), Judge Bailey prohibited precomplaint discovery holding that based on the averments in the petition, the court was at a loss to conclude that without precomplaint discovery he could not draft a complaint. The McNeill opinion is consistent with Judge Bailey's Opinion. In Vartan Enterprises. Inc. v Susquehanna Township. 41 Pa. D. & C. 4th 534 (C.P. Dauphin 1998), the court permitted precomplaint discovery holding that discovery would be permitted with the assertions by plaintiffs that they did not have all the information necessary to specifically identify all proper causes of action and parties responsible for injuring plaintiffs. The McNeill court referenced the Dauphin County opinion with approval. Unlike the facts in McNeill and Anderson and like the facts in Vartan Enterprises and consistent with the legal holdings in McNeill, Anderson and Vartan Enterprises, plaintiff has set forth a prima facie case and has established that a complaint cannot be filed without the requested discovery. See Affidavit of plaintiff, Harry B. Laughlin, II attached as Exhibit "A." The requested discovery is limited, reasonable and necessary to file a Complaint. 6 Dated: February 17,2006 By: Respectfully submitted, METTE, EVANS & WOODSIDE ~-~ Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneysfor Plaintiffs, Harry B. Laughlin, II and Melissa J Laughlin 7 fX~1 bd Ii Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa 1. Laughlin HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, Defendants NO. 05-6724 JURY TRIAL DEMANDED AFFIDAVIT OF PLAINTIFF, HARRY B. LAUGHLIN. II 1. On December 29,2003 I was in a automobile accident with another vehicle at the intersection of Route 34 and the on ramp ofInterstate 81 in Carlisle, Cumberland County, Pennsylvania. 2. At the time ofthe above referenced accident, my vehicle collided head on with another vehicle that turned left in front of me. The airbag on my vehicle did not deploy. 3. At the time of the accident I was the owner and operator of a 2002 Mercedes Benz C-230/P5, VIN number WDBRN47J728287556. 4. As a result of the accident and the airbag not deploying I suffered various serious and permanent injuries, including but not limited to: (a) Closed head injury with post concussion syndrome. (b) Seizures. (c) Loss of consciousness. (d) Blurred and double vision. (e) Headaches. (f) Memory loss. (g) Loss of smell. (h) Dizziness. 5. After the accident, it is believed and therefore averred that one of the Sun Motor defendants took possession of my vehicle. 6. I have been a repeat customer for Mercedes Benz and after Mercedes Benz took possession of my vehicle after this accident, I spoke to one of Mercedes Benz's leading salesmen at Sun Motors, John Acito, who told me that the "airbag should have gone off." A body shop employee of Sun Motor Defendants had told me the same thing. 7. It is believed and therefore averred that Sun Motor Defendants examined my vehicle after the accident. 8. After Sun Motors Defendant took possession of the vehicle, I no longer had access to the vehicle nor have I seen it since then. It is believed and therefore averred that the vehicle is no longer available to inspect by an expert. 9. Based on the speed I was traveling and the damage to my vehicle, it is believed and therefore averred that the airbag on my vehicle should have deployed. (See photographs attached as Exhibit "A".) 10. I believe I may have a products liability suit against the manufacturer and distributor of my vehicle based on the airbag not deploying and the injuries I sustained as a result of the accident. I am not, however, an expert and cannot state nor am I qualified to state that the vehicle I was in was defective and/or malfunctioned. I, HARRY B. LAUGHLIN, II, hereby acknowledge that I am the Plaintiff in this action and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. dt~Ji: 11 Harry. 1m, II Dated: February 10,2006 442724v1 EXHIBIT "A" ~~' '" .-- ~ c.~ ~c- 1 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Plaintiffs' Response to "Motion for Protective Order Prohibiting Pre-Complaint Discovery" filed by Sun Motor Defendants upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Kelly H. Decker, Esquire Rhoades & Sinon, LLP One South Market Street, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 Attorney for Sun Motor Defendants William J. Ricci, Esquire Lavin, O'Neil, Ricci, Cedrone & Disipio 190 N. Independence Mall West Suite 500, 6th & Race Streets Philadelphia, PA 19106 Attorney for Mercedes-Benz Defendants Dated: February 17,2006 By: ~ ~~ ~----=-~/ Andrew H. Dowling, Esquire Sup. Ct. LD. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneysfor Plaintiffs, Harry B. Laughlin, II and Melissa J Laughlin 442541v1 , , C) .n -q ,-l " " " - I " , \,.) " , '.,\ r~) ,..; .. HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN, Plaintiffs: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - LAW SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ USA, INC., and MERCEDES-BENZ USA, LLC, No. 05-6724 Defendants: ORDER OF COURT AND NOW, this 24th day of February, 2006, the Defendants' objections to Interrogatories No. I and 2 are sustained. Their objection to Interrogatory No. 3 is sustained in part and denied in part. It is sustained as far as the interrogatory relates to the condition of the car. It is denied as far as it relates to the location of the car. With regard to the Motion for Production of Documents, the objections are sustained in part and denied in part. Motions for Production of Documents No.1 through 3 shall be limited to the particular vehicle involved in the accident. We reserve ruling on No.4. NO.5 and 6 shall be limited to the air bag sensor or the passive restraint system. We reserve ruling on No.7. The objection to No.8 is denied. The objection to No.9 is sustained. The responses are to be made by the parties within 30 days of today's date. If the Plaintiffs still ... feel that they are not in a position to file a complaint based upon the discovery received, we will have another conference at which time we will rule upon requests No. 4 and 7. By Edward E. Guido, J. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 For the Plaintiffs Kelly H. Decker, Esquire RHOADS & SINON LLP One South Market Square, 12th P.O. Box 1146 Harrisburg, PA 17108-1146 For the Defendants Sun Motor C Sun Motor Sports, Inc., and Su :mlc r )-)ft4, ~ ~ ,--j1k S, Inc., Motor Imports, Inc. William J. Ricci, Esquire LAVIN, O'NEIL, RICCI, CEDRONE 190 North Independence Mall W Suite 500, 6th & Race Streets Philadelphia, PA 19106 '" , :(: ----- ~ - . J ... LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: William J. Ricci, Esquire Attorney I.D. # 27708 190 North Independence Mall West Suite 500, 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendant, Mercedes-Benz USA, LLC RHOADS & SINON LLP By: Todd J. Shill, Esquire Attorney I.D. # 69225 Kelly H. Decker, Esquire Attorney I.D. # 84886 One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Defendants, Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc, HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC CIVIL ACTION - LAW NO. 05-6724 MOTION OF DEFENDANTS, MERCEDES-BENZ USA, LLC, SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., AND SUN MOTOR IMPORTS, INC. FOR ENTRY OF A JUDGMENT OF NON PROS AND NOW, defendants Mercedes-Benz USA, LLC, Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc., by and through their attorneys, move pursuant to Pa.R.C.p. 1037(c) for entry of a judgment of uon pms dismiSSing all claims against them, with prejudice, and in support thereof aver as follows: 1. Plaintiffs, Harry B, Laughlin, II, and Melissa J. Laughlin commenced the above- captioned action against Mercedes-Benz USA, liC (hereinafter "MBUSA'), Sun Motor Cars, Inc., . ~ Sun Motor Sports, me., and Sun Motor Imports, me. (hereinafter "Sun Motor) on or about December 27, 2005 by Writ of Summons, two days before the expiration of the statute of limitations applicable to tort claims. Their claim stems from an automobile accident that occurred on December 29,2003. 2. In response to a Rule to File Complaint filed on behalf of Sun Motor, plaintiffs filed a Motiou for Extensiou of Time in which to File a Complaint (attached hereto as Exhibit A) with the Court ou January 19, 2006. The basis of plaiutiffs' Motion was their pending request for certain discovery to aid in preparation of their Complaint. 3. A Rule to File Complaint was filed on behalf ofMBUSA shortly thereafter. 4. On January 24,2006 the Court granted plaintiffs an extension of time in which to file a Complaint. (See Order dated January 24,2006 attached hereto as Exhibit B). 5. PUllmant to the Court's Order of January 24,2006, plaintiffs were given a thirty (30) day extensiou of time after receipt of requested pre-complaint discovery to MBUSA and Sun Motor in which to file a Complaint, or after the entry of a protective order in connection therewith. I 6. MBUSA and Sun Motor filed Motions for Protective Orders with respect to plaintiffs' discovery, and argument took place before Your Honor on February 24, 2006. 7. MBUSA and Sun Motor were ordered to answer some, but not all of plaintiffs' discovery requests. Both defendants complied with the Court's Order and answered by March 27, 2006. (See Certificates of Service for Answers to Certain of Plaintiffs' mterrogatories in Aid of Preparation of Complaint, and Request for Production of Documents in Aid of Preparatiou of Complaint ofMBUSA and Sun Motor attached hereto collectively as Exhibit C), Plamtiff,' January t 9, 2006 Motion f", Extension ofTUne ill Which to Fite a CompJamt only referenced 1he pre-compJam. discovery served on Sun Motor, and the Court's January 24, 2006 Order specifically states that the thirty (30) day extension oftitne was "after receipt of the requested discovery from Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc." As MBUSA was not served with plaintiff's Writ of Summons until January 12, 2006, its Rule to File Complaint was filed after plaintiffs' January 19, 2006 Motion for Extension of Time and the Court's January 24,2006 Order. However, in the spirit of that Court Order, MBUSA has understood plaintiffs' extension of thirty (30) days to apply to it as well. -2- .. ~ 8. MBUSA informed plaintiffs that the airbag sensors and passive restraint system in the subject vehicle were not subject to any recalls. (Responses of Defendant Mercedes-Benz, USA, LLC to Certain of PlaintiflS' Request for Production of Documents in Aid of Preparation of Complaint, Response No, 5, attached hereto as Exhibit D). 9. MBUSA has also informed plaintiffs that the subject vehicle is currently registered to Virk Sukhwinder Singh of Oviedo, Florida. (Answers of Defendant Mercedes-Benz, USA, LLC to Certain of PlaintiflS' Interrogatories in Aid of Preparation of Complaint, Response No. 3 attached hereto as Exhibit E). 10. Sun Motor provided all service records and invoices relating to Plaintiffs' car prior to the accident. In addition, Sun Motor infnrmed the Plaintiffs that the Sun Motor Defendants did not conduct an investigation of the PlaintiflS' car after the accident but that Plaintiffs' insurance company had prepared an estimate of the damage to the car. Sun Motor also provided a copy of the insurer's estimate. (Answers of Defendants Sun Motor to Request for Production of Documents, Nos. 1- 3 attached hereto as Exhibit F). 11. In response to Plaintiffs' interrogatory regarding the location of the Plaintiffs' car, Sun Motor stated that although it did not know the precise location of the PlaintiflS' car, according to the NetStar database maintained by Mercedes Benz, the car with Plaintiffs' VIN Number was last Serviced on or about March 3, 2005 at Mercedes Benz of South Orlando in Orlando, Florida, 1407 Millenia Blvd., Orlando, FL (407) 470-4352 (Answer of Defendants Sun Motor to Interrogatory No.3 attached hereto as Exhibit G). 12. MBUSA has also provided plaintiffs with eleven photographs of the subject vehicle taken on or after the accident of December 29, 2003. These eleven photographs were identified and produced with Responses of Defendant Mercedes-Benz, USA, LLC to Certain ofPlaintiflS' Request - 3 - . ~ for Production of Documents in Aid of Preparation of Complaint, Response No.8, attached hereto as Exhibit D. The photographs are attached hereto as Exhibit H. 13. As of April 27, 2006, thirty (30) days elapsed since MBUSA and Sun Motor served their discovery answers claimed to be necessary by plaintiffs at the hearing on February 24,2006. 14. Despite the passage of the thirty (30) day extension granted for plaintiffs to file a Complaint, they have not done so. 15. Plaintiffs were reminded of the April 27, 2006 deadline to file a Complaint in a letter to Your Honor dated April 14, 2006. In lieu of taking the Court's time with a fonnal Motion, counsel for MBUSA stated that this date ''was consistent with the spirit of Your Honor's initial Order granting plaintiffs a 30 day extension to file a Complaint against the Sun Motor derendants, and makes sense in that by April 27th plaintiffS' team will have had a full 30 additional days to evaluate the discovery both defendants have supplied in the context of the pre-suit investigation." (Letter dated April 14, 2006 attached hereto as Exhibit 1). 16. Plaintiffs have not responded to counsel for MBUSA or Sun Motor regarding this letter. 17. Plaintiffs have offered no explanation to MBUSA or Sun Motor for their non- compliance with the Court's Order of January 24, 2006. 18. Nor have plaintiffs made any additional requests or inquiries of MBUSA or Sun Motor based on the received discovery responses. 19. Plaintiffs' non-compliance with the Court's Order is sufficient reason to enter a judgment of non pros. Pa.R.C.p. 1037(c). 20. Where a violation of an order of court is involved, the trial court is empowered to enter ajudgment of non pros without a showing ofPT<tiudice. Broglie v. Union Township 465 A.2d 1269, 1272 (Pa. Super. 1983) citing Jones v. Trexler, 419 A.2d 24 (pa, Super. 1980). -4- .I -- .. 21. Failure to comply with a Court Order to file a Complaint within a specific number of days is sufficient basis for ajudgment of non pros. See Broglie at 1271. 22. The onus is not on defendants to take action forcing plaintiffs to file a Complaint. Rather, the duty is clearly on the plaintiffs to proceed with their cause of action and they, not the defendants; should bear the risk of not acting within a reasonable time. Carroll v. Kimmell 524 A.2d 954, 956 (pa. Super. 1987) citing Kennedy v, Bulletin Co., 346 A.2d at 346 (pa. Super. 1975) 23. In accordance with Local Rule 20S.2(d), the undersigned sought concurrence of Attorney Andrew Dowling, counsel for plaintiffs. Attorney Dowling does not concur in this motion, WHEREFORE, defendants Mercedes-Benz USA, LLC, Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. request that this Honorable Court enter a judgment of non pros dismissing any and all claims filed against them in this matter. Respectfully submitted, LA VIN, O'NEIL, RICCI, CEDRONE & DrSIPIO RHOADS & SINON LLP BY: BY: William J. cci, Esquire Attorney :fi r defendant, Mercedes-Benz, USA, LLC Todd J. S . I Esquire Kelly H. D er, Esquire Attorneys for defendants, Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. - 5 - ,. 't IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSXL V ~IA I .' " ,) ~: .. aJ CIVIL ACTION - LA W !'~-"'1 ". . Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, P A ) 7110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin ~ HARRy B, LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs v. S UN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA,' LLC, Defendants NO. 05-6724 lUR Y TRIAL DEMANDED PLAINTIFFS' MOTION FOR EXTENSION OF TIME IN WHICH TO FILE A COMPLAINT AND RULE PURSUANT TO LOCAL RULE 206.4 (C) AND PA.R.C.p. 206.5 AND 206.7 AND NOW, comes Plaintiffs, Harry B. Laughlin, II and Melissa J. Laughlin, by their attorneys, Mette, Evans and Woodside, and mes this Motion for Extension of Time in Which to File a Complaint and Rule pursuant to Local Rule 206.4 (c) and Pa.R.C.p. 206.5 and 206.7 and avers as follows: t. The above-captioned matter was commenced by Praecipe for Writ of Summons filed December 27, :W05. ..... r ",; I., I ".' ., I ~ - ., 2. The above-captioned matter involves a motor vehicle accident that OCCurred on December 29, 2003 at the inter.;ection of Route 34 and Inter.;tate 81 in Carlisle, Cumberland County, Pennsylvania, involving Hany B. Laughlin. II, owner and operator ofa 2002 Mercedes-Benz C2301P5, VIN #WDBRN47J72A287556. 3. At the time of the above-referenced accident, Mr. Laughlin collided with another vehicle during which the Laughlin vehicle airbag did not deploy, As a result of the accident and the airbag not deploying, Mr. Laughlin suffered various UUuries including but not limited to: a. Closed head injury with post concussion syndrome; b. Seizures; c. Loss of consciousness; d. Blurred and double vision; e. Headaches; f. Memory loss; g. Loss of smell; and, h. Dizziness. ft is believed and therefore averred thaI Mr. Laughlin is permanently disabled from employment as a result of his head injuries, 4. A fter service of the W ri t was obtained on Defendants Sun Motor Cars, Inc.. S Un Motor Sports. Inc. and Sun MOLor Imports, Inc. (hereinafter referred to as "Sun Motor Defendants"). the Plainlitrs served limited discovery in aid of preparation of 2 .- ~ - # Complaint. Specifically, Plaintiffs on Janwuy 9,2006 filed a Request for Production of Documents (attached as Exhihit "A'') and Interrogatories (attached as Exhibit "B"). 5, The above-referenced discovery requests are limited, reasonable and necessary in aid to preparation ofa Complaint. 6. The Sun Motor Defendants are represented by Kelly Decker, Esquire of Rhoads & Sinon in Harrisburg, Pennsylvania, 7. Attorney Decker, on behalf of the Sun Motor Defendants, caused a Rule to be served on the Plaintiffs. ruling the Plaintiffs to file a Complaint within 20 days or suffer jUdgment of non pros. The Rule was served on Plaintiffs on January 17,2006. 8, Counsel for Pliiintiffs contacted Attorney Decker to seek an agreement for an extension of time in which to file a Complaint after the requested discovery referenced in Exhibits "A" and "B" were answered. Attoruey Decker declined Plaintiffs' offer to amicably resolve the issue necessitating this Motion for an Extension of Time to be filed. Attorney Decker claimed that the requested information is somehow privileged without explaining why. and suggested that the Sun Motor Defendants would be filing a Motion for a Protective Order. 9. The Plaintiffs' discovery requests served on Sun Motor Defendants are limited. reasonable and necessary to file a Complaint and to identity the COlTeCl legal entity that sold and manufactured the vehicle in question, 10. Plaintiffs request an extension in which to file a Complaint until after this limited discovery is answered. .., -' .- . # WHEREFORE, Plaintiffs request this COUrt to issue an Order granting an extension of time of thirty (30) days after ""'eipt of the requested discovery in wltich to file a Complaint. Dated: January 19,2006 RespectfulJy submitted, METTE, EVANS & WOODSIDE By: ~ -- ~ w:::::;;;:==- """" Andrew H. Dowling, Esquire Sup. Ct. I.D, No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa 1. Laughlin 4 ~ -- f .. ~ " '-. ~.. l' , . '-- . HARRy B. LAUGHLIN, II, and MELISSA 1. LAUGHLIN, Plaintiffs v. SUN MOTOR CARS, INC., SUN MOTOR SPORTS. INC., SUN MOTOR IMPORTS, INC.~ MERCEDES-BENZ. USA, INC., and MERCEDES-BENZ, USA, LLC, Defendants ~.. ....\ -t...--l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYL VANIA CIVIL ACTION - LAW NO. 05-6724 .Il1R Y TRIAL DEMANDED ORDER J4t AND NOW, 1bis:>'l day of JanUllIy, 2006, UPon consideration o[PlaintiffS' Motion for Extension of Time in Which to Fife a Comp~t, IT IS I:lERE:8Y ORDERED AND DECREED that the Motion is GRA.NTEn and Plaintiff shall be given a thirty (30) day extension of time after receipt of the requested discovery frorn Suo Motor Cars, Inc., Sun Motor Spons, Inc., and SUlI ~tor Imports, Inc. in which to file a Compllint.. ~ A oft. -'5 f"'-~ ~~~~. CI\ BY . COURT: 1\-00 \ ~ if o -- J. # \--... .~ '. ", .-' CERTIFICATE OF SERVICE I, William. J. Ricci, hereby certify that a true and correct copy of the Answers of Defendant, Mercedes-Benz USA. LLC to Certain of PlaintiffS' Interrogatories in Aid ofl'reparation ofComplaim was forwarded to coWlSel of record as noted below via facsimile and United States Mail, first class postage prepaid, on March 27,2006. MEITE, EY ANS & WOODSIDE PC Andrew H. Dowling, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 171l0~0950 RHOADS & SINON LLP Todd 1. Shill. Esquire Kelly H. Decker, Esquire One South Market Square, 12th Floor P.O. Box 1146 HarriSburg, PA 17108-1l46 LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: U/4~tt:/. William JYCCi, Esquire - I, William J. Ricci, hereby certify that a true and correct copy of the Answers of Defendant, CERTMCATE OF SERVICE . Mercedes-Benz USA, LLC to Certain of Plaintiffs' Request for Production of Docwnents in Aid of Preparation of Complaint was forwarded to cmmsel of record as noted below via facsimile and United. States Mail. first class postage prepaid, on March 27, 2006. MEITE, BV ANS & WOODSIDE PC Andrew H. Dowling, Esquire 3401 North Front Street P.Q, Box 5950 Harrisburg, P A 17110-0950 RHOADS & SINON LLP Todd J. Shill, Esquire Kelly H. Decker, Esquire One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PAl 7108-1146 LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: $~ William J cci, Esquire .. .. ).....-.. " .. CERTIFICATE OF SERVICE I hereby certify that on this March 27,2006, a true and correct copy of the foregoing Objections and Responses of Defendants to Plaintiffs' Interrogatories in Aid of Preparation of Complaint was served upon the following: by means of hand delivery: Andrew H. Dowling. Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, P A 17110-0950 by means of United States mail, first class, postage prepaid: William Ricci, Esquire Desmond McCallum, Esquire Lavin, O'Neil, Ricci, Cedrone & DiSipio 190 North Independence Mall West 6th & Race Streets, Suite 500 Philadelphia, P A 19106 t #!u-Jll1-du ~ Kelly H. D . . . CERTIFICATE OF SERVICE I hereby certify that on this March 27,2006, a true and correct copy of the foregoing Responses of Defendants to PlainliflS' Reqnest for Prodnction of Documents in Aid of Preparation of Complaint was served upon the following: by means of hand delivery: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 by means of United States mail, first class, postage prepaid: William Ricci, Esquire Desmond McCallum, Esquire Lavin, O'Neil, Ricci, Cedrone & DiSipio 190 North Independence Mall West 6th & Race Streets, Suite 500 Philadelphia, P A 19106 r LQ&JLl1<:J;.A ~ Kelly H. Deer -- 6 r - ... ." -', '.,_.i ,"""-'.. ~~l LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: WiUiam J. Ricci, Esquire Attorney I.D. # 27708 190 North Independence MaD West Suite 500, 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendant, Mercedes-Benz USA, LLC HARRy B. LAUGHLIN, II and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SUN MOTOR CARS, INC, and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC CIVIL ACTION - LAW NO. 05-6724 RESPONSES OF DEFENDANT, MERCEDES-BENZ, USA, LLC TO CERTAIN OF PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS IN AID OF PREPARATION OF COMPLAINT 1. Provide any and all service invoices for the 2002 Mercedes-Benz, C2301P5, VIN # WDBRN47J72A287556. RESPONSE: MBUSA does not have responsive information or documentation for this Request. Perhaps others have such writings. To the extent that this Request asks for further . infonnation, MBUSA objects because it is vague, ambiguous, overly broad and not reasonably calculated to lead to information relevant to the preparation of a Complaint. 2. Provide any and all invoices for the 2002 Mercedes-Benz, C230/P5, Vin # WDBRN47J72A287556. . . .- - "'-"'" ~-) '_I . RESPONSE: MBUSA objects to this Request as it is overly broad, unduly burdensome, and not reasonably calculated to lead to infonnation in aid of preparation of a Complaint due to its broad use of the tenn "any and all" regardless of the relationship, if any, to plaintiffs' allegations of defect in the airbag system or passive restraint system of the subject vehicle. However, in accordance with the ruling of the Honorable Edward E. Guido, MBUSA will produce the new vehicle invoice for the subject 2002 Mercedes-Benz C230~ 3. Provide all documents concerning any investigation into the vehicle damage and/or airbag(s) after the accident of 12/29/03 involving the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556. RESPONSE: Pursuant to the February 24,2006 Order of the ~onorable Edward E. Guido, this Request has been limited to documents relating to the subject vehicle, MBUSA objects to this Request as it is overly broad, unduly burdensome, and not reasonably calculated to lead to infonnation in aid of preparation of a Complaint due to its broad use of the term "any investigation." However, in accordance with the February 24,2006 ruling of the Honorable Edward E. Guido, MBUSA directs plaintiffs to the Accurint and Carfax reports produced in response to No.3 of Plaintiffs' Interrogatories in Aid of Preparation of Complaint. In addition, MBUSA will produce a copy of the Borough of Carlisle Accident EXChange ofInfonnation fonn and Crash Report for the subject accident of December 29, 2003. MBUSA is without additional knowledge or infonnation of the "vehicle damage and/or airbag(s)" to the subject vehicle after the accident of December 29, 2003. -2- ,,_/ 4. Provide all documents concerning any investigation of sensors relating to airbag(s) involving the 2002 Mercedes-Benz, C2301P5, Vin # WDBRN47J72A287556. RESPONSE: On February 24, 2006, The Honorable Edward E. Guido reserved ruling on the objection ofMBUSA to this Request. Therefore, no response is required at this time. 5. Provide all documents relating to any recalls of the 2002 Mercedes-Benz, C2301P5, Vin # WDBRN47J72A287556. RESPONSE: Pursuant to the February 24, 2006 Order of the Honorable Edward E. Guido, this Request has been limited to recalls related to airbag sensors or the passive restraint system in the subject vehicle. As the subject vehicle has not been subject to any such recalls, there are no responsive documents. 6. Provide all documents relating to recalls of the Mercedes-Benz Class C230 vehicle concerning sensors relating ~o airbag(s) and/or airbag(s) from 2000- 2004. RESPONSE: Pursuant to the February 24, 2006 Order of the Honorable Edward E. Guido, this Request has been limited to documents relating to recalls of the airbag sensors in the 2002 through 2004 Mercedes-Benz Class C230. MBUSA objects to this Request as it asks for infonnation about airbag systems and passive restraint systems that may not be substantially similar to the driver's frontal airbag system in the 2002 Mercedes-Benz C230 at issue. Without waiving this objection, MBUSA has searched its databases, and found no recalls of the 2000 through 2004 Mercedes-Benz Class C230 relating to airbag -3- - - ,.r-..-.... ...._1 , ; sensors or the passive restraint system~ As such, there are no documents responsive to this Request. 7. Provide all documents relating to investigation of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbags{s) and/or airbags{s), from 2000- 2004. RESPONSE: On February 24, 2006, The Honorable Edward E. Guido reserved ruling on the objection ofMBUSA to this Request. Therefore, no response is requir~ at this time. 8. Provide all photographs of the 2002 Mercedes-Benz, C230/P5, Vin # WDBRN47J72A287556, owed by Harry B. Laughlin, IT as of 12/29/03 1aken (in or after 12/29/03. RESPONSE: Upon information and belief, the only photographs responsive to this Request MBUSA is aWare of are the photographs produced by plaintiffs as Exhibit A to their Response to Motion for Protective Order Prohibiting Pre Complaint Discovery Filed by Sun Motor Defendants and the enclosed eleven photographs. 9. All documents identified. in your Answers to any set of Interrogatories In Aid of Preparation of Complaint. RESPONSE: MBUSA will produce Accurint and Carfax reports in response to No.3 of Plaintiffs' IntelTOgatories in Aid of Preparation of Complaint. -4- ~.i BY: - LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO William J. . i, Esquire Attorney r Defendant, Mercedes-Benz USA, LLC -5.. I - ....--.. .:. "_f \ "'....... .. ,'--.; LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: WiJliam J. Ricci, Esquire Attorney I.D. # 27708 190 North Independence Mall West Suite 500, 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorney for Defendant, Mereed~-Benz USA, LLC HARRy B. LAUGHLIN, n and ~LISSA~LAUGHLUN COURT OF COMMON "LEAS CUMBERLAND COUNTY, PENNSYLVANIA v. SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC CIVIL ACTION - LAW NO. 05-6724 ANSWERS OF DEFENDANT, MERCEDES-BENZ, USA, LLC TO CERTAIN OF PLAINTIFFS' INTERROGATORIES IN AID OF PREPARATION OF COMPLAINT 1. Identify the legal entity that manufactured and/or sold the 2002 Mercedes-Benz, C2301P5, VIN WDBRN47J72A287556 to Plaintiffs. ANSWER: Pursuant to the February 24,2006 Order of the Honorable Edward E. Guido, the objection ofMBUSA to this futerrogatory was sustained. Therefore, no response is required. 2. Identify the person(s) conducting an investigation into damage sustained by ilie 2002 Mercedes-Benz, C2301P5, VIN WDBRN47J72A287556, owed by Harry B. " - ....'._" .. \. ..' -. Laughlin, n as of 12129/03 which was involved in the incident herein described. Provide for each such person their name, title, business address and business telephone number. ANSWER: Pursuant to the February 24,2006 Order of the Honorable Edward E. Guido, the objection of MBUSA to this Interrogatory was sustained. Therefore, no response is required. 3. Identify the current condition and/or location of the 2002 Mercedes-Benz, C2301P5, VIN WDBRN47J72A287556, owed by Harry B. Laughlin n as of 12/29/03. Pursuant to the February 24,2006 Order of the Honorable Edward E. Guido, the objection of MBUSA to this Interrogatory was sustained in part and denied in part. Pursuant to that Order, MBUSA is to answer this Interrogatory as it relates to its knOWledge of the location of the subject vehicle. MBUSA objects to this request to the extent it asks for documents readily obtained from public sources of infonnation to which plaintiffs have equal access. However, in accordance with the ruling of the Honorable Edward E. Guido, MBUSA answers that it believes the subject vehicle is currently in Oviedo, Florida It is registered to Vi:k Sukhwinder Singh, 2268 Catbriar Way, Oviedo, Florida 32765. LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: M~/lPb William J)Ricci, Esquire Attorney for Defendant, Mercedes-Benz USA, LLC -2- 599t98.1 - Todd J. Shill, Esquire Attorney J.D. No. 69225 Kelly H. Decker, Esquire Attorney J.D. No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O, Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731; (717) 231-6600 - Fax Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-6724 SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC. MERCEDES-BENZ USA, INC., and MERCEDES-BENZ USA, LLC Defendants RESPONSES OF DEFENDANTS SUN MOTOR CARS.INC.. SUN MOTOR SPORTS. INC.. AND SUN MOTOR IMPORTS. INC. TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS IN AID OF PREPARATION OF COMPLAINT Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. ("Sun Motor"), by and through their attorneys, Rhoads & Sinon LLP, hereby respond to Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin's ("Plaintiffs") Request for Production of Documents as follows: GENERAL OBJECTIONS Sun Motor object generally to each and every Request to the extent they require responses which are beyond the scope of the Pennsylvania Rules of Civil Procedure, but not limited to, those documents that are protected, in whole or in part, by the attorney-client privilege and/or the Work - Product Doctrine. Further, to the extent Plaintiffs' Requests are overbroad, unduly burdensome, or seek infonnation that is not relevant to this litigation, Sun Motor generally object thereto. Sun Motor further object to each and every Request that seeks documents which are, in whole or in part, confidential or which contain infonnation which is proprietary. Objection is made to each and every Request which seeks documents containing mental impressions, conclusions or opinions. Sun Motor further object to each and every Request to the extent it seeks documents already in the possession, control, or custody of Plaintiffs or documents in the hands of or under the control of third parties. Sun Motor further obj ect to each and every Request to the extent that the Request is so vague or ambiguous as to not be subject to reasoned interpretation. Without waiving said objections, Sun Motor will respond to the Request for Production of Documents in a manner consistent with their obligations under the Pennsylvania Rules of Civil Procedure. RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS I Provide any and all service invoices for the 2002 Mercedes-Benz, C2301P5, Vin# VVJ)B~47J72}\287556. ANSWER: A copy of all such service invoices maintained by the Sun Motor Defendants are attached. 2. Provide any and all invoices for the 2002 Mercedes-Benz, C2301P5, Vin# VVJ)B~47J72}\287556. ANSWER: A copy of all invoices relating to the service records for Plaintiffs' 2002 Mercedes-Benz, Vin #WDBRN47J72A287556 are attached. 2 ...... - 3. Provide all documents concerning any investigation into the vehicle damage and/or airbag(s) after the accident of 12/29/03 involving the 2002 Mercedes-Benz, C230/PS, Vin# WDBRN47J72A287556, ANSWER: The Sun Motor Defendants did not conduct any investigation into the Plaintiffs' vehicle after the Plaintiffs' accident on 12/29/03.. According to Sun Motors' records, on December 31, 2003, Plaintiffs' insurer State Farm prepared an estimate of the damage to Plaintiffs' car. A copy of State Farm's estimate is being produced with Sun Motor's documents. 4. Provide all documents concerning any investigation of sensors relating to "'" airbag(s) involving the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556. ANSWER: According to the Court's February 24, 2006 Court Order, the Court reserved ruling on this Request for Production of Documents. 5. Provide all documents relating to any recalls of the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556. ANSWER: Sun Motor Defendants are not in possession of any such documents. Upon information and belief, Mercedes-Benz maintains a database, NetStar, containing a list of all recalls. 3 - 6. Provide all documents relating to recalls of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbag(s) and/or airbag(s), from 2000-2004. ANSWER: Sun Motor Defendants are not in possession of any such documents. Upon information and belief, Mercedes maintains a database, NetStar containing a list of aU recalls. 7. Provide all documents relating to investigation of the Mercedes-Benz Class C230 vehicle concerning sensors relating to airbag(s) and/or airbag(s), from 2000-2004. ANSWER: According to the Court's February 24, 2006 Court Order, the Court reserved ruling on this Request for Production of Documents. 8. Provide all photographs of the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556, owed by Harry B. Laughlin, IT as of 12/29/03 taken on or after 12/29/03. ANSWER: The Sun Motor Defendants are not in possession of any such photos. 9. All documents identified in your Answers to any set of Interrogatories In Aid of Preparation of Complaint. ANSWER: According to the Court's February 24, 2006 Court Order, Defendants' objections to this interrogatory were sustained. 4 By: - Respectfully submitted, RHOADS & SINON LLP Todd J. Shill, Kelly H. Deck ,Esq. One South Market Square P. O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports, Inc. 5 . VERIFICATION Daniel K. Sunderland, deposes and says, subject to the penalties of 18 Pa. C,S. ~4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Responses of Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motc'r Imports, Inc. to Plaintiffs' Request for Production of Documents in Aid of Preparation of Complaint are Date true and correct to the best of his knowledge, infonnation and belief. ,/ k~AL DANIEL K. SUNDERLAND 01 .. tt{- 6)p - CERTIFICATE OF SERVICE I hereby certify that on this March 27,2006, a true and correct copy of the foregoing Responses of Defendants to Plaintiffs' Request for Production of Documents in Aid of Preparation of Complaint was served upon the following: by means of hand delivery: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PAl 711 0-0950 by means of United States mail, first class, postage prepaid: William Ricci, Esquire Desmond McCallum, Esquire Lavin, O'Neil, Ricci, Cedrone & DiSipio 190 North Independence Mall West 6th & Race Streets, Suite 500 Philadelphia, P A 19106 Y J klL11c JJ. -1.A -' Kelly' H. DeeJr .- - 6 599]08.] Todd J. Shill, Esquire Attorney I.D. No. 69225 Kelly H. Decker, Esquire Attorney I.D. No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731; (717) 231-6600 - Fax Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6724 v. SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC. MERCEDES-BENZ USA, INC., and MERCEDES-BENZ USA, LLC Defendants OBJECTIONS AND RESPONSES OF DEFENDANTS SUN MOTOR CARS. INC.. SUN MOTOR SPORTS. INC.. AND SUN MOTOR IMPORTS. INC. TO PLAINTIFFS' INTERROGATORIES IN AID OF PREPARATION OF COMPLAINT Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. ("Sun Motor"), by and through their attorneys, Rhoads & Sinon LLP, hereby respond to Plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin's ("Plaintiffs") Interrogatories as follows: GENERAL OBJECTIONS 1. Sun Motor object to Plaintiffs' Interrogatories to the extent that they seek disclosure of information protected by the Attorney/Client Privilege or the Attorney Work Product Doctrine. 2. Sun Motor object to Plaintiffs' Interrogatories to the extent that they seek disclosure of Sun Motor and/or their representatives' mental impressions, conclusions or opinions respecting the value or merit of a claim or a defense or respecting strategy or tactics. I 3. Sun Motor object to Plaintiffs' Interrogatories to the extent that they call for confidential and/or proprietary information. 4. Sun Motor object to Plaintiffs' Interrogatories to the extent that they call for information regarding matters not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. 5. Sun Motor object to Plaintiffs' Interrogatories to the extent that they are overbroad, unduly and unreasonably burdensome, oppressive and vague. 6. Sun Motor object to Plaintiffs' Interrogatories to the extent that they call for information not known to Sun Motor, nor reasonably ascertainable by Sun Motor, because such information is in the hands of or under the control of third parties not within Sun Motor control. 7, Sun Motor object to Plaintiffs' Interrogatories to the extent that they call for information already known to Plaintiffs or information available to Plaintiffs from sources other than Sun Motor which is equally assessable to Plaintiffs and to Sun Motor. 8. Sun Motor object to Plaintiffs' Interrogatories to the extent that they are so vague and ambiguous that they are not subject to reasoned interpretation. 9. Sun Motor object to Plaintiffs' Interrogatories to the extent that they impose requirements to respond or supplement answers to interrogatories beyond those that are provided for in the Pennsylvania Rules of Civil Procedure. 10. The general objections asserted above shall be deemed to be applicable to and continuing with respect to each of Plaintiffs' Interrogatories. The general objections asserted above are incorporated into each and every one of Sun Motor responses set forth herein. Such objections are not waived, nor in any manner limited, by any responses to any specific 2 - interrogatory or any specific objection raised thereto. Sun Motor reserves the right to amend, supplement or alter their response to Plaintiffs' Interrogatories at any time, ANSWERS TO INTERROGATORIES 1. Identify the legal entity that sold the 2002 Mercedes-Benz, C2301P5, Vin# WDBRN47J72A287556 to Plaintiffs. ANSWER: According to the Court's February 24, 2006 Court Order, Defendants' objections to this interrogatory were sustained. 2. Identify the person( s) conducting an investigation into damage sustained by the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556, owed by Harry B. Laughlin, II as of 12/29/03 which was involved in the incident herein described. Provide for each such person their name, title, business address and business telephone number. ANSWER: According to the Court's February 24, 2006 Court Order, Defendants' objections to this interrogatory were sustained. 3 - 3. Identify the current condition and/or location of the 2002 Mercedes-Benz, C230/P5, Vin# WDBRN47J72A287556, owed by Harry B. Laughlin, II as of 12/29/03. ANSWER: - According to the Court's February 24, 2006 Court Order, Defendants' objection to this interrogatory regarding the condition ofthe car was sustained. The Sun Motor Defendants do not know the precise current location of the 2002 Mercedes-Benz, C230/P5 Vin #WDBRN47J72A287556. However, according to the NetStar database maintained by Mercedes Benz, the Plaintiffs' car was last serviced on or about March 3, 2005 at Mercedes Benz of South Orlando in Orlando, Florida, 1407 Millenia Blvd., Orlando, FL (407) 470-4352. Respectfully submitted, RHOADS & SINON LLP By: ~ ,/ IJ.floJ ~ Todd 1. Shi, sq. Kelly H. Decker, Esq. One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports, Inc. 4 600651 . J "'--', '--.... VERIFICATION Daniel K. Sunderland, deposes and says, subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Objections and Responses of Defendants Sun Motor Cars, Inc., Sun Motor Sports, Inc. and Sun Motor Imports, Inc. to Plaintiffs' Interrogatories in Aid of Preparation of Comllllaint are true and correct to the best of his knowledge, infonnation and belief. / t2A AC/ DANIEL K. SUNDERLAND 0; -z.f-()~ Date - CERTIFICATE OF SERVICE I hereby certify that on this March 27, 2006, a true and correct copy of the foregoing Objections and Responses of Defendants to Plaintiffs' futerrogatories in Aid of Preparation of Complaint was served upon the following: by means of hand delivery: Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 by means of United States mail, first class, postage prepaid: William Ricci, Esquire Desmond McCallum, Esquire Lavin, O'Neil, Ricci, Cedrone & DiSipio 190 North fudependence Mall West 6th & Race Streets, Suite 500 Philadelphia, PA 19106 t~4.!luh~ Kelly H. De . ~ -, - . . . 10 l'EW YORK OFFICE 420 LBXINOTON AVENUE ORAYBARBUILDlNG surra 2900 NEWYORI<. NY 10170 (212) 319-6898 LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO ATfORNEYS AT LAW SUITE 500 190 NORTH INDEPENDENCE MALL WEST 6TH Ef RACE STREETS PIDLADELPHlA, PA 19106 (215) 621-0303 PAX. (556) 793-0237 NEW JBRSEY oFPICB 1300 ROUTE 73 SUlTB 307 /liT. LAUREL, NJ 08<.154 (856) 77&-~~ FAX.. (212) 319-6932 FAX: (215) 627-2551 WWW.LA.VIN.LA.W.COM WRITER'S a.MAIL ADDRESS BRICCI@LA.VIN.LA. ~'.COM WRITER'S DIRECT DIAL NUMBER (215) 351.7916 April 14, 2006 Via Band Deliverv Honorable Edward E. Guido Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 RE: Laughlin v. Mercedes-Benz USA, LLC, et aI. CCP, Cumberland County; No. 05-6724 Our File No.: 5551-22714 Your Honor: As counsel for Mercedes-Benz USA, LLC, I write to Your Honor asking that you sign the enclosed proposed Order, directing plaintiffs to file their Complaint in this action, by April 27, 2006. To refresh Your Honor's recollection, this cause of action stems from a December 29, 2003 automobile accident in which plaintiff HalT)' B. Laughlin II was apparently driving a 2002 Mercedes-Benz, Model C230. On December 27, 2005, two days before the expiration of the statute of limitations applicable to tort claims, plaintiffs commenced this action against Mercedes-Benz USA, LLC and the Sun Motor Defendants by Writ of Summons. Both defendants had issued and served on plaintiffs appropriate Rules to File a Complaint, but these have been essentially held in abeyance by reason of plaintiffs' Motion for Extension of Time to file additional pleadings. The basis for plaintiffs' Motion was their pending request for certain discovery to aid in preparation of their Complaint Both defendants tiled Motions for Protective Orders with respect to plaintiffs' discovery. Argument on all parties' motions took place before your Honor on February 24, 2006. Both defendants were ordered to answer some but not all requests, and both did so by March 27, 2006. . . LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO Honorable Edward E. Guido April 14, 2006 Page 2 Given the fact that more than two years have elapsed since this accident and that plaintiffs, their counsel and consultants now have the discovery sought, I am writing (in lieu of taking the Court's time with a fonnal Motion) to ask that Your Honor sign the enclosed Order directing plaintiffs to file their Complaint by April 27, 2006. This time frame is consistent with the spirit of Your Honor's initial Order granting plaintiffs 30 day extension to file a Complaint against the Sun Motor defendants, and makes sense in that by April 27th plaintiffs' team will have had a full 30 additional days to evaluate the discovery both defendants have supplied in the context of the pre-suit investigation. If your Honor would like to have a further conference on this issue, I would be happy to advise aU counsel and confinn everyone's availability during the next ten days. Very truly yours, William J. Ricci WJR cc: Kelly H. Decker, Esquire (via Facsimile) Andrew H. Dowling, Esquire (via Facsimile) . . p.4 HARRY B. LAUGHLIN, n and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and l\.fERCEDES-BENZ USA, LLC : NO. 05-6724 ORDER AND NOW, this , 2006, upon day of consideration of the pleadings and plaintiffs' receipt of the requested discovery from Sun Motor Cars, Inc., Sun Motor Sports, me., Sun Motor Imports, Inc., and Mercedes-Benz USA, LLC, it is hereby ORDERED and DECREED that plaintiffs Harry B. Laughlin, II and Melissa J. Laughlin. shall file a Complaint by April 27, 2006 or have their action subject to dismissal upon motion by the defendants. BY THE COURT: J. . .. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Motion of Defendants Mercedes-Benz USA, LLC, Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc" for Entry of a Judgment of Non Pros, was served via facsimile and first class, postage prepaid U.S. mail on May 8, 2006. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE PC 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 ~~ J./- {Jar ILL- Kelly H. Deck 'I (") ...., c:::> 0 C <:::) .." .~ CT'O ~~. ::J: ~:D -0 (i.J rT! r c, ==- -7 -< ~~ ,.(,." j~ Z I- I (/"" 1 ~C) \.0 OQ > ;I> :2i1 I ::x f~h ~- C) j;. C- \..0 Om .r:--:'~. ~ :~ (f1 N =< HARRY B. LAUGHLIN, II and MELISSA J. LAUGHLIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SUN MOTOR CARS, INC. and SUN MOTOR SPORTS, INC. and SUN MOTOR IMPORTS, INC. and MERCEDES-BENZ USA, INC. and MERCEDES-BENZ USA, LLC NO, 05-6724 RULE TO SHOW CAUSE AND NOW, this I (Jl1\. day of May, 2006, a Rule is granted upon plaintiffs Harry B. Laughlin, II, and Melissa J. Laughlin to show cause why the Motion of Defendants Mercedes-Benz USA, LLC, Sun Motor Cars, Inc., Sun Motor Sports, Inc., and Sun Motor Imports, Inc. for Entry of a Judgment of Non Pros should not be granted. Rule Returnable the ,1i1 day ot.~: 2006 at I (;~ A." Courtroom 3 of the Cumberland C ourth se. THE COURT: J. IfINVAl,',SNN3d AJ.NnC(' !T'r!H:"J8i1'm:) J 0 :9 101\1 S I J. Viol 900l AHVlONOHl.Oad 3Hl :10 3:Jl::l;I(}-(J31l::1 ~-.. ..... - Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, P A 1711 0-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry B. Laughlin, II and Melissa 1. Laughlin v. IN THE COURT OF C MMON PLEAS OF CUMBERLAND CO TY, PENNSYLVANIA CIVIL ACTION - LA HARRY B. LAUGHLIN, II, and MELISSA J. LAUGHLIN, Plaintiffs SUN MOTOR CARS, INC., SUN MOTOR SPORTS, INC., SUN MOTOR IMPORTS, INC., MERCEDES-BENZ, USA, INC., and MERCEDES-BENZ, USA, LLC, Defendants NO. 05-6724 JURY TRIAL DEMAN D PRAECIPE TO DISCONTINUE Please mark the docket in the above captioned action discontinued. Respectfully submitted, METTE, EVANS & WOO SIDE Dated: May 31, 2006 By: -;- Andrew H. Dowling, Esquire Sup. Ct. J.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs, Harry . Laughlin, II and Melissa 1. Laughlin . - ....... . . CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoin Praecipe to Discontinue upon the person(s) and in the manner indicated below, wh ch service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by d positing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first- lass postage, prepaid, as follows: Kelly H. Decker, Esquire Rhoades & Sinon, LLP One South Market Street, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 Attorney for Sun Motor Defendants William J. Ricci, Esquire Lavin, O'Neil, Ricci, Cedrone & Disipio 190 N. Independence Mall West Suite 500, 6th & Race Streets Philadelphia, P A 19106 Attorney for Mercedes-Benz Defendants Dated: May 31, 2006 ~ c---: Andrew H. Dowling, Es uire Sup. Ct. J.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0 50 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneysfor Plaintiffs, rry B. Laughlin, II and Melissa J. Laughlin 447377vl , ~ . ,.., 0 ....~ 0 c::..,..} ~~: =, -n 0'" ~, ,.., -",'.~ -< -. C' ::;';'..7' ::ell C[J Y' -..: rnr . W -am --.0 (,t) I':~ (~:. ..." ,"-', :::U \~ ~- c-:;::' C) >-",I'T\ C' ~ 2: ~ r. 5:J 0' =< ,