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HomeMy WebLinkAbout06-0335 , ~ II JAMIE L. REGIS, Plaintiff i IN THE COURT OF CO~MON PLEAS CUMBERLAND COUNTY,i PENNSYLVANIA NO. [~,- ~~5' {11,-(.~~ CIVIL ACTION - LAWf I vs. TONY J. ARNOLD, Defendant PERSONAL INJURY JURY TRIAL DEMANDE PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons on the above named Defendant. Defendant, Tony J. Arnold, has the following addresses: Tony J. Arnold 1341 Grandview Court Carlisle, PA 17013 Respectfully submi ted, ~p atrick F. Lauer J., Esq ire 2108 Market Street, Aztec Building Camp Hill, pennsyl ania 17011-4706 10# 46430 Tel. ( 17) 763-1800 Da te : (: I i if -01/ , , . G.~ ~1"'-@> - c: 2,p~ '" c...J"'.. .--{..c. V' /0"" ~ ~---:. - ( <-/', ',,'\ I[ I, JAMIE L. REGIS, Plaintiff vs. TONY J. ARNOLD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-335 Civil CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED TO THE PROTHONOTARY: AMENDED PRAECIPE FOR WRIT OF SUMMONS Please issue an Amended Writ of Summons on the above named address: Defendant. Defendant, Tony J. Arnold, has the following corrected Tony J. Arnold 4 Locust Street Mount Holly Springs, PA 17065 Date:C'1 )L c'f' Respectfully submitted, .~.. Patrick F. Lauer Jr., quire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 46430 Tel. (717) 763-1800 C9 "' ",1 ,", ) -,..,.--...- -. Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas JAMIE L. REGIS Plaintiff Vs. TONY J. ARNOLD 1341 GRANDVIEW COURT CARLISLE PA 17013 Defendant No 06-335 In CivilAction-Law To TONY J. ARNOLD, You are hereby notified that JAMIE L. REGIS the Plaintiff(s) has / ave commenced an action in Civil Action-Law against you which you are requir d to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long Prothonotary Date JANUARY 17, 2006 By Attorney: PATRICK F. LAUER, JR., ESQUIRE Name: Address: 2108 MARKET ST., ATEC BLDG CAMP HILL P A 17011 Attorney for: Plaintiff Telephone: (717) 763-1800 Supreme Court ID No. 46430 SHERIFF'S RETURN - REGULAR CASE NO: 2006-00335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIS JAMES L VS ARNOLD TONY J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ARNOLD TONY J the DEFENDANT , at 1525:00 HOURS, on the 2nd day of February, 2006 at 4 LOCUST STREET MT HOLLY SPRINGS, PA 17065 by handing to COLLEEN ARNOLD, MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 6.16 .39 10.00 .00 34.55 r~~J R. Thomas Kline 02/03/2006 PATRICK LAUER JR Sworn and Subscribed to before By: me thi s 7 y,). day of .:2arJ{,. A.D. r .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION NO. 06-335 v. TONY J. ARNOLD, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14620 . . ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION v. NO. 06-335 TONY J. ARNOLD, Defendant (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Tony J. Arnold, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: evrn D. Rauch, Esquire Counsel for Defendant . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ~ day of ~c.."'6 ' 2006. Patrick F. Lauer, Jr., Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & KEEL, L.L.P. . au , squire Counsel for Defendant By: (') s.-; t---:' = c:? cr" -71',," .,>;.. j::"~ -. u:> o 11 .-1 ::C-n rl1 P' rn y S;? ,~ -'n : ) :';"~~~ g/"n ?:O :...::. -0 -- - r;? N o .. -.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION NO. 06-335 v. TONY J. ARNOLD, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14620 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION v. NO. 06-335 TONY J. ARNOLD, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Jamie L. Regis, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Ke in D. Rauch, Esquire Counsel for Defendant .. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this -LfiL day of ..9'f\~ 2006. ~ Patrick F. Lauer, Jr., Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION v. NO. 06-335 TONY J. ARNOLD, Defendant. (Jury Trial Demanded) RULE AND NOW, this ---19.;1.., , day of (Yl'iJl ' 2006, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this -.19, +( day of (fl ';17 ,2006. ?t~ (') ~~ r-..3 C~ (:::3 o~ 3" ):.,... o ., -4 -..- fi; 'JJ r:.~ Q -,< \D -u :J: ~=) ::!j ('Sf:;; 5;! .0 -< N 1',' o JUN-14-2006 10:48 AM PATRICK LAUER I P.01 JAMIE L. REGIS, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06~335 TONY J. ARNOLD, Defendant : CIVIL DIVISION : Jury Trial Demanded NOTICF Tn IlF.FRNI) ANn C.I.AIM RI(;HTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in tbe foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER. THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bcdlord Street Telephone No. (717) 249-3166 , JAMIE L. REGIS, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-335 TONY J. ARNOLD, Defendant : CIVIL DIVISION : Jury Trial Demanded COMPT ,A TNT AND NOW comes the Plaintiff, Jamie L. Regis, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC and files this Complaint and, in support thereof, avers as follows: 1. The Plaintiff, Jamie L. Regis, is an adult individual who currently resides at 309 North Bedford Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Tony J. Arnold, is an adult individual who currently resides at 4 Locust Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. On or about May 8, 2004 at approximately 1726 hours, the Plaintiff, Jamie L. Regis, was operating a Dodge Grand Caravan, model year 2000. 4. On or about May 8, 2004 at approximately 1726 hours, the Defendant, Tony J. Arnold, was operating a Dodge pick-up truck, model year 1990. 5. The Plaintiff was traveling south on North West Street in Carlisle Pennsylvania. 6. The Defendant was traveling west on D Street in Carlisle, Pennsylvania. 7. On or about May 8,2004 at approximately 1726 hours, the Defendant failed to obey the stop sign at the intersection ofD Street and North West Street and struck the Plaintiffs vehicle as it was traveling on North West St. 8. On the date, time and place referenced in Paragraph 3, the Defendant so negligently, carelessly, recklessly and wantonly operated his motor vehicle so as to cause it to strike and come in contact with the front end of the vehicle the Plaintiff was operating, resulting in the serious and severe injuries to Plaintiff which are more fully set forth below. 9. The collision and the resulting damages and injuries to the Plaintiff were caused directly and proximately by the negligent, careless, reckless, and wanton behavior of the Defendant as follows: a. In failing to keep and maintain his vehicle under proper and adequate control; b. In failing to promptly and properly apply the breaks and other stopping devices of said vehicle; c. In failing to slow, stop, turn aside, reduce speed or take any other action to avoid colliding with the vehicle which Plaintiff was operating; d. In failing to be properly attentive while operating said motor vehicle; e. In failing to observe the vehicle which Plaintiff was operating, which was traveling in compliance with the law; f. In failing to obey the traffic control device that mandated he stop at the intersection where the collision occurred; g. In failing to drive his vehicle with due regard for the roadway and traffic conditions which were existing and of which he was or should have been aware; and h. In driving his vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. The accident was caused by the negligent, careless, reckless and wanton behavior of the Defendant, as set forth in Paragraph 9 above, and in no way was caused by the Plaintiff, . , who was operating her vehicle in compliance with both the traffic conditions on North West Street as well as the Motor Vehicle Code of the Commonwealth of Pennsylvania when the Plaintiff s vehicle was struck by the Defendant's vehicle. 11. The Plaintiff sustained various severe injuries as follows: a. Severe pain in the cervical regions of her spine; b. Injury and damage to the bones, muscles, nerves, nerve roots, blood vessels, soft tissues, and underlying organs in the following areas: 1. cervical spine; 11. thoracic spine; 111. lumbar spine; IV. left upper extremity; v. left lower extremity; c. Severe and persistent headaches; and d. Some and/or all of these serious injurieS have or may result in a serious impairment of a bodily function. 12. As a direct and proximate result of the negligent, careless, reckless and wanton behavior of the Defendant, the Plaintiff has sustained the following damages: a. Great pain, inconvenience, and mental anguish, past and future; b. The loss of the pleasures and enjoyment of life and the loss of well being, past and future; c. Permanent impairment to her general health, strength, and vitality; d. The Plaintiff may incur medical expenses which exceed the sums recoverable under 75 Pa.C.S. ~1711, et. seq.; and ~. e. The Plaintiff's earning power and capacity have been reduced and will be permanently impaired. 13. The Plaintiff continues to be plagued by persistent pain and limitations and, therefore, avers that her injuries may be of a permanent nature causing residual problems for the remainder of her lifetime, and claim is made therefore. 14. Prior to the accident, the Plaintiff, pursuant to Section 1705 of the Pennsylvania MotorVehicle Financial Responsibility Law, made an election and/or is deemed to have made an election to retain the right to maintain and/or pursue an action for non-economic damages resulting from injuries sustained in a motor vehicle collision as a result of the nature of the injuries she sustained, as set forth above. WHEREFORE, Plaintiff, Jamie L. Regis, respectfully demands judgment against the Defendant in an amount in excess of the jurisdiction of the Compulsory Board of Arbitrators of this Cumberland County. Respectfully submitted, Date:.d)~ Pat ck F. auer, Jr., Esquire T Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 ID# 46430 TeL (717) 763-1800 .", JAMIE L. REGIS, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-335 TONY J. ARNOLD, Defendant : CIVIL DIVISION :. Jury Trial Demanded VF,RTFTCATTON I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: k -{S "D6 () c- ,......, C':",.J C'::"J c,:;;."'\ C} ~, ::;:! n,=n S {:) C> (,. " w.) -r.! -=, f'._) a , ~ ~~~) rit :-m'_1 ~':... ::0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION v. NO. 06-335 ANSWER AND NEW MATTER TONY J. ARNOLD, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May e entered inst you. Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 Su mers, McDonnell, Hudock, G hrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION v. NO. 06-335 TONY J. ARNOLD, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Tony J. Arnold, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. The Defendant was traveling east on D Street in Carlisle, Pennsylvania on the date, time, and place of the subject accident. 7. Admitted in part, denied in part. It is admitted that the Defendant did not stop at the stop sign at the intersection of D Street and Northwest Street. It is specifically denied that the Defendant struck the Plaintiff's vehicle. To the contrary, the front-end of the Plaintiffs vehicle impacted with the rear driver's side of the Defendant's vehicle. 8. Admitted in part, denied in part. It is admitted that the Defendant negligently operated his vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 8 are legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 and all of its subparts states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 and all of its subparts states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 and all of its subparts states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to PaRC.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Tony J. Arnold, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 15. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 16. Some and/or all of Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 17. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non-economic damages. 18. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Tony J. Arnold, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By ~ Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. M . to counsel of record via first class mail, postage pre-paid, this n(~ay of , 2006. Patrick F. Lauer, Jr., Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKE , L.L.P K v . Rauch, Esquire Counsel for Defendant By: VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has fumished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: t. - 23-0( ~k~ If J. Arnold. #14620 C) -< 1"'-"" c'~ , 0'" L--. C., C) ,:_,) .a' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION NO. 06-335 v. TONY J. ARNOLD, Defendant. DEFENDANT'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION v. NO. 06-335 TONY J. ARNOLD, Defendant. (Jury Trial Demanded) DEFENDANT'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS AND NOW, comes the Defendant Tony J. Arnold, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin Rauch, Esquire, and files the following Motion to Compel Discovery Answers and Responses and in support thereof avers the following: 1. On May 23, 2006, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referred matter. (See May 23, 2006 letter attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rules of Civil Procedure 4009, Plaintiff's response to Defendant's Interrogatories and Request for Production of Documents should have been received by June 23,2006. 3. On July 7, 2006, defense counsel forwarded a Motion to Compel to opposing counsel and indicated that the Motion would be filed if discovery is not received. (See July 7, 2006 letter attached hereto as Exhibit "B".). 4. On July 18, 2006, defense counsel informed Plaintiff's counsel that the Motion to Compel would be filed if the responses were not received by July 24, 2006. (See July 18, 2006 letter attached hereto as Exhibit "C".) 5. To date, Defendant has not received the Plaintiff's discovery responses. 6. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 7. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respects this Honorable Court to enter an order directing Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 8. To date, no Judge has been required to rule on a matters related to this case. WHEREFORE, Defendant, Tony J. Arnold, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to the Plaintiff. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By:~!d/L /)Iw Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Motion to Compel Discovery and Request for Sanctions has been mailed by U.S. Mail I unsel of record via firsl class mail, postage pre-paid, IhiS~ day of ,2006. Patrick F. Lauer, Jr., Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ~ ~~J. !./ftd Kevin D. auch, Esquire Counsel for Defendant . ;. SUMME'~; S, McDoNNELL, H~ - )OCK, Gll HRIE 8: SKEEL, L.i. R A TtORNEYS AT LAW ./ l..f: b 26 ,... . S I~UMMERS TCAS A. MCCONNELL JOSEPH A. HUDOCK. JR. GREGG. A GU~IE PETER B. S'KEEL PATRICK M. CONNELt:(* JEFFREY C. CATANZARITE KEVIN D. RAUCH JASON A. HINES ERI/<! M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER. JR. KIMBERt:( L. HENSLEY ELAINE J. WIZZARO ANDREW D. ZEITER ROBERT N. POLAS JESSICA M. JURASKO AIlANDA J. LOPICCOLO JASON P. WRONA HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE. PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 May 23, 2006 * ALSO ADMITTED IN WV Shana Pugh, Esquire . The law Offices of Patrick F. lauer, Jr., LLC. 2108 Market Street, Aztec Building Camp Hill, PA 17011 RE: Reais v. Arnold Our File No. 14620 Dear Ms. Pugh: EncJosed please find Defenda!lfs Interrogatories and' "Request for Production 'of. . Documents to the Plaintiff in the above-referenced matter. Kindly respond to the same within the timeframe established by the applicable Rules of Civtl Procedure. Also, enclosed please find the following authorizations for your client's signature in the above-referenced matter: 1. 2. 3. 4. Nationwide Insurance Company; Gateway Health Plan; Carlisle Regional Medical Center; and Dr. Ryan Crim at the Sadler Clinic. Kindly have your client execute these authorizations and return them to my office at your earliest convenience. I will be certain to provide you with copies of any records obtained pursuant to the same. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, JPW:kam Enclosures PITTSBURGH OFFICE: G ~ ,i) ~r~l :f11 r y ~\~\ ~' f '(:1 ~;'("I:llj' ..:, , I 1 tl - " EET. PITTSBURGH. PA 115219 /: / STEPHEN 'J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH SUMMERS, McDONNELL, G~-HRIE & SKEEL, A TTORNEYS AT LAW HUDOCK, L.l ,~ JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER. JR. KIMBERLY L. HENSLEY ELAINE J. WIZZARD ANDREW D. ZEITER ROBERT N. POLAS JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P. WRONA HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE. PA 17043 PHONE: 717-901-5916 FAX, 717-920-9129 July 7,2006 * ALSO AOMITTED IN WV Shana Pugh, Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 RE: Reais v. Arnold Our File No. 14620 Dear Ms. Pugh: In response to your demand; I have been authorized to extend an offer of $5,000 to settle this case in full. This offer is made in accordance with Pa.R.C.P. 238 and will remain in effect for ninety (90) days or until the commencement of trial, whichever first occurs. Also, enclosed please find a Motion to Compel which I intend to file with the Cumberland County Prothonotary. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. JPW:kam Enclosure PITTSBURGH OFFICE: GULF TOWER. SUITE 2400. 707 GRANT STREET. PITTSBURGH. PA 1!l219 PHONE 412-281-3232 FAX 4' 2-261.3239 . ./ JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER. JR. KIMBERt:( L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P. WRONA SUMMf-,:s, MCDONNELL, GlJ'THRIE & SKEEL, A TTORNEYS AT LAW H!!-':,'JOCK, ( L .~L... R STEPHEN J. SUMMERS THOMAs A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELt:(* JEFFREY C. CATANZARITE KEVIN D. RAUCH HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE. PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 July 18, 2006 * ALsO ADMITTED IN WV Shana Pugh, Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 RE: Reais v. ArnOld Our File No. 14620 Dear Ms. Pugh: In review of my file, I noticed thai I have not received your clienl's discovery responses in Ihe above-referenced matter. If I do nol receive the same by July 24, 2006, I intend 10 file and present the Motion 10 Compel. which was included in my letter dated July 7, 2006. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. JPW:kam PITTSBURGH OFFICE: GULF TOWER. SUITE 2400. 707 GRANT STREET, PITTSBURGH. PA 15219 PHONE 412-261-3232 FAX 412-2.11-3239 -- ( ,', c ,~",""""_~~'l!\~{I!~ JAMIE L. REGIS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-0335 CIVIL V. TONY J. ARNOLD, DEFENDANT : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 10th day of August, 2006, upon consideration of the Defendant's Motion to Compel Discovery and Request for Sanctions, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to PaRC.P. No. 206.5, a rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to the relief requested; 2. The Plaintiff will file an answer to this petition on or before August 30, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendant shall be granted. If the Plaintiff files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, ,'\~ M. L. Ebert, Jr., J. Patrick F. Lauer, Jr., Esquire Attorney for Plaintiff Kevin D. Rauch, Esquire Attorney for Defendant f-tt..-o(, ~ ~ C)1J& bas VINY^lASNN3d I ,,,tV-," n!'.~-r1>.r",",'AlI"\I"'\ ^-U~; ;I.),)". .)'.-I,...,tH'lll<i,J EE :11 WV II ~nv 900l AlNIONOHlO!:kl 3Hl .:10 3:Jl:l~CXl31l:l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION NO. 06-335 v. PRAECIPE FOR WITHDRAWAL TONY J. ARNOLD, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa.I.D.#83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMIE L. REGIS, Plaintiff, CIVIL DIVISION v. NO. 06-335 TONY J. ARNOLD, Defendant. (Jury Trial Demanded) PRAECIPE FOR WITHDRAWAL TO: PROTHONOTARY Kindly withdraw the Motion to Compel filed on behalf of the Defendant, Tony J. Arnold, in the above-captioned case. The Plaintiff has provided her discovery responses. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By:~p~I/;J Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Withdrawal has been mailed by U.S. Mai postage pre-paid, thisj~ day of counsel of record via first class mail, ,2006. Patrick F. Lauer, Jr., Esquire The Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, PA 17011 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Es uire Counsel for Defendant r-..") () -on ...::~-:: ') I._J' --I , .~ . .. '.--' I _J --t.~ ,..... - , c:: ..f- .,-v .-<.. SHERIFF'S RETURN - REGULAR CASE NO: 2006-00335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIS JAMES L - - ROBERT BITNER , Sheriff or Deputy Sheriff of VS ARNOLD TONY J ~ ...... ....... Cumberland County,Pennsylvania, who being duly sworn according to law, ..- says, the within COMPLAINT & NOTICE was served upon ARNOLD TONY J the DEFENDANT , at 1947:00 HOURS, on the 16th day of June , 2006 at 4 LOCUST STREET MT HOLLY SPRINGS/ PA 17065 by handing to TOY ARNOLD, FATHER together with - - a true and attested copy of COMPLAINT & NOTICE I Ji .... . ....... .- and at the same time directing His attention to the contents thereof. 18.00 6.16 .39 10.00 .00 34.55/ '~ {, /30/0(., Sworn and Subscibed to Sheriff's Costs: Docketing Service Postage Surcharge So Answers: '~~""~'*';,~~~.# R. Thomas Kline 06/19/2006 PATRICK LAUER of - ,- I -i ~ "..oIIii before me this day A.D. ... " I' JAMIE L. REGIS, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-335 TONY J. ARNOLD, Defendant : CNIL DNISION : Jury Trial Demanded PRAF.CTPF. TO SF.TTLF. and nTSCONTTNlJF. TO THE PROTHONOTARY: Please mark the above captioned case settled and discontinue. Respectfully submitted, atrick F. Lauer, Jr., Esquire aw Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Date:-af ~I Qb (") c: r-' c,;; <.:-c-" cr- C5 ~~ G' ij uJ o -I' .-\ :r:41 p1e:, _,-"1 ~ i " ":.:)'7 " ,..~"" .~)~;/, :~-~, j;::"'" CD :~ 0)