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HomeMy WebLinkAbout06-3217 C /7,9ZX441vQ PAGE 1 REPORT : ZDRDOCT First Judicial District RUN DATE 05/10/06 USER ID: JPM CIVIL DOCKET REPORT RUN TIME 02:58 PM CASE ID 041 002161 -- - -- - -- - -- - ---- ------------------------ -------- O - - ---3a1 j-- CASE NUMBER CASE CAPTION 041002161 ODRICK VS ANTIONETTE ETAL FILING DATE COURT LOCATION JURY 18-OCT-2004 AR AC N CASE TYPE: MOTOR VEHICLE ACCIDENT STATUS: TRANSFER TO OTHER JURISDICTION Seq # Assoc Expn Date 1 12-JUL-05 2 5 3 6 4 5 6 6 Type ID APLF A58948 PLF @5082589 DFT @5082590 DFT ®5082594 APLF A34813 ADFT A35671 Filing Date / Time Docket Entry Party Name / 1Jddress & P HUBER, ROBERT ETKIN AND BER 4961 OXFOR AVENUE PHILADELPHIA PA 19124 (215)535-2009 (215)535-8830 - FAX ODRICK, PAULE E G 6201 N 10T ST PHILADELPHIA PA 19141 STEPP, ANTION TE 5215 STUAR DR MECHANICSB G PA 17055 STEPP, KENNET 5215 STUAR DR MECHANICSB G PA 17055 WILSON, RHOND H RHONDA HILL WILSON, PC STE 1050 TWO PENN CENTER PLAZA 1500 JOHN F. KENNEDY BLVD PHILADELPHI PA 19102 (215)972-0400 (215)972-6756 - FAX WOLF, DAVID S 500 PUBLIC EDGER BLDG. 150 S. IND PENDENCE MALL WEST PHILADELPHI PA 19106-3476 (215)627-30 7 (215)629-15 0 - FAX Date Entered REPORT : ZDRDOCT First Judicial District USER ID: JPM CIVIL DOCKET REPORT CASE ID 041002161 Filing Date / Time Docket Entry 18-OCT-04 09:51:00 COMMENCEMENT OF CIVIL ACTION 18-OCT-04 09:51:00 PRAE TO ISSUE WRIT OF SUMMONS PRAECIPE TO ISSUE WRIT OF SUMMONS SUMMONS ISSUED. 18-OCT-04 09:51:00 SHERIFF'S SURCHARGE 2 DEFTS 18-OCT-04 15:47:24 ACTIVE CASE 25-OCT-04 09:53:05 ARBITRATION HEARING SCHEDULED 09-JUN-05 15:29:17 CERTIFICATION/NON-APPEARANCE CERTIFICATION OF NON APPEARANCE OF PARTIES HAVING FAILED TO APPEAR FOR HEARING SCHEDULED OF RECORD, THE WI HEARD BEFORE A JUDGE OF THE COURT F Pa.R.C.P. 1303(b)(2), AND Phila.Ci WITHOUT THE ABSENT PARTIES. THERE TRIAL DE NOVO ON APPEAL FROM A DECI JUDGE. 09-JUN-05 15:29:29 FILE COPY PRINTED 17-JUN-05 13:43:09 JUDGMENT COURT ORDER/NON PROS AND NOW, IT APPEARING THAT ALL PA APPEAR FOR AN ARBITRATION HEARING A JUDGMENT OF NON-PROS IS HEREBY WITH Pa.R.C.P. -1303(b)(2), AND P REQUEST FOR RELIEF FROM THIS JUDG COMPLY WITH Pa.R.C.P. 3051. ... CARRAFIELLO, J. 06/16/05 NOTICE 236. 07-JUL-05 10:27:05 PETITION TO OPEN JUDGMENT 20-05070320 RESPONSE DATE: 07/27/ 07-JUL-05 15:06:00 ENTRY OF APPEARANCE FILED ENTRY OF APPEARANCE OF RHONDA H OF DFT PAULETTE ODRICK 12-JUL-05 10:14:00 WITHDRAWAL OF APPEARANCE WITHDRAW OF APPEARANCE OF ROBERT A. BEHALF OF PLAINTIFF RHONDA H. WILE COUNSEL FOR PLAINTIFF. PAGE 2 RUN DATE 05/10/06 RUN TIME 02:58 PM Date Entered 25-OCT-04 HUBER, ROBERT A 25-OCT-04 HUBER, ROBERT A WRIT OF 25-OCT-04 HUBER, ROBERT A 18-OCT-04 25-OCT-04 09-JUN-05 ALL PARTIES - ALL AN ARBITRATION THIN CASE SHALL BE URSUANT TO v.R. 1303(a), IS NO RIGHT TO A SION ENTERED BY A 09-JUN-05 17-JUN-05 CARRAFIELLO, MATTHEW D ES HAVING FAILED TO HEDULED OF RECORD, ERED IN ACCORDANCE a.Civ.R. 1303(a). T OF NON-PROS MUST THE COURT: EN UNDER RULE 12-JUL-05 ODRICK, PAULETTE G 08-JUL-05 WILSON, RHONDA H FILED ON BEHALF 13-JUL-05 HUBER ESQ. ON REMAINS AS REPORT : ZDRDOCT First Judicial District USER ID: JPM CIVIL DOCKET REPORT CASE ID 041002161 Filing Date / Time Docket Entry 29-JUL-05 10:26:47 MOTION ASSIGNED 20-05070320 PETITION TO OPEN JUDGE GLAZER ON 8-1-05. 01-AUG-05 14:02:11 ORDER ENTERED/236 NOTICE GIVEN 20-05070320 AND NOW, THIS 1ST DAY UPON CONSIDERATION OF PLAINTIFFS' FROM JUDGMENT OF NON PROS, AND ANY IT IS HEREBY ORDERED AND DECREED T'. GRANTED. IT IS FURTHER ORDERED TH NON PROS IN THIS MATTER IS STRICKE. IS DIRECTED TO RE-OPEN THE MATTER. GLAZER, J. 8-1-05 01-AUG-05 14:18:59 WAITING TO LIST ARBITRATION 18-AUG-05 11:18:59 ARBITRATION HEARING SCHEDULED 20-AUG-05 00:01:24 NOTICE GIVEN 23-AUG-05 11:29:00 COMPLAINT FILED NOTICE GIVEN COMPLAINT WITH NOTICE TO DEFEND W AFTER SERVICE IN ACCORDANCE WITH 05-OCT-05 11:27:37 SHERIFF'S SERVICE DEPUTIZED SERVICE OF SUMMONS UPON KENNETH STEPP BY SHERIFF OF CUMBER 27-OCT-05. 05-OCT-05 13:57:27 EVENT TIME CHANGE GRANTED 05-OCT-05 13:57:46 ARBITRATION HEARING SCHEDULED 06-OCT-05 13:57:00 ENTRY OF APPEARANCE FILED ENTRY OF APPEARANCE OF DAVID S. BEHALF OF DFTS ANTOINETTE STEPP 07-OCT-05 00:01:17 NOTICE GIVEN 11-OCT-05 00:01:15 NOTICE GIVEN 11-OCT-05 14:54:56 CONTINUANCE BY DFT GRANTED 11-OCT-05 14:55:16 ARBITRATION HEARING SCHEDULED 13-OCT-05 00:01:15 NOTICE GIVEN PAGE 3 RUN DATE 05/10/06 RUN TIME 02:58 PM Date Entered 29-JUL-05 ASSIGNED TO O1-AUG-05 GLAZER, GARY S F AUGUST, 2005, ETITION FOR RELIEF RESPONSE THERETO, AT SAID PETITION IS T THE JUDGMENT OF THE PROTHONOTARY ...BY THE COURT: O1-AUG-05 18-AUG-05 20-AUG-05 24-AUG-05 WILSON, RHONDA H N TWENTY (20) DAYS 1018.1 FILED. 06-OCT-05 NETTE STEPP AND COUNTY ON O5-OCT-05 05-OCT-05 07-OCT-05 WOLF, DAVID S LF, ESQ. FILED ON KENNETH STEPP 07-OCT-05 11-OCT-05 11-OCT-05 11-OCT-05 13-OCT-05 REPORT : ZDRDOCT First Judicial District USER ID: JPM CIVIL DOCKET REPORT CASE ID 041002161 PAGE 4 RUN DATE 05/10/06 RUN TIME 02:58 PM Filing Date / Time Docket Entry Date Entered 13-OCT-05 13:45:00 PRELIMINARY OBJECTIONS FILED 14-OCT-05 GODIN, JAMES A PRELIMINARY OBJECTIONS TO PLAINTIFF (S) COMPLAINT FILED BY DEFENDANTS ANTOINETTE STEPP AND KENNETH STEPP. 14-OCT-05 15:42:55 MOTION TO DETERMINE P.O. FILED 17-OCT-05 66-05100966 RESPONSE DATE 11/2/05 ( FILED BY ANTOINETTE STEPP AND KENNETH STEPP) 17-OCT-05 11:11:40 MOTION TO DETERMINE P.O. FILED 19-OCT-05 ODRICK, PAULETTE G 17-05101217 RESPONSE DATE 11/7/05. 17-OCT-05 14:57:00 PRELIMINARY OBJECTIONS FILED 18-OCT-05 WILSON, RHONDA H PLAINTIFF'S PRELIMINARY OBJECTIONS O DEFENDANTS PRELIMINARY OBJECTIONS, FILED. 20-OCT-05 12:38:05 ANSWER (MOTION/PETITION) FILED 21-OCT-05 17-05101217 ANS FILED TO PO'S (FIL BY DFTS, ANTOINETTE AND KENNETH STEP P) 24-OCT-05 15:47:37 SHERIFF'S SERVICE 24-OCT-05 DEPUTIZED SERVICE OF SUMMONS UPON PL TIMOTHY REITZ BY SHERIFF OF CUMMBERLAND COUNTY ON J7-OCT-04. 25-OCT-05 11:22:01 REPLY FILED 26-OCT-05 ODRICK, PAULETTE G 17-05101217 REPLY FILED IN SUPPORT F PO'S 09-NOV-05 16:08:34 MOTION ASSIGNED 09-NOV-05 66-05100966 MOTION TO DETERMINE PRELIMINARY OBJECTIONS ASSIGNED TO JUDGE ACKERMPLN ON 11/10/05. 10-NOV-05 09:37:18 MOTION ASSIGNED 10-NOV-05 17-05101217 MOTION TO DETERMINE PRE IMINARY OBJECTIONS ASSIGNED TO JUDGE ACKERMAN ON 11-14-05. 15-NOV-05 12:57:53 ORDER ENTERED/236 NOTICE GIVEN 15-NOV-05 ACKERMAN, NORMAN 17-05101217 IT IS ORDERED THAT PLAI IFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S PRELIMINARY OBJECTIONS ARE OVERRULED. ...BY T COURT; ACKERMAN, J. 11-14-05 15-NOV-05 13:00:56 TRANSFER TO OTHER JURISDICTION 15-NOV-05 ACKERMAN, NORMAN 66-05100966 IT IS ORDERED THAT DEFE DANTS' PRELIMINARY OBJECTIONS ARE SUSTAINE . THIS MATTER IS HEREBY TRANSFERRED TO THE COURT OF OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. I IS FURTH ORDERED THAT PLAINTIFF SHALL PAY ALL COSTS D FEES ASSOCIATED REPORT : ZDRDOCT First Judicial District USER ID: JPM CIVIL DOCKET REPORT CASE ID 041002161 PAGE 5 RUN DATE 05/10/06 RUN TIME 02:58 PM Filing Date / Time Docket Entry Date Entered WITH THE TRANSFER OF THIS MATTER Tj THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. ..BY THE COURT; ACKERMAN, J. 11-14-05 15-NOV-05 13:00:57 NOTICE GIVEN UNDER RULE 236 10-MAY-06 10:18:00 PRAECIPE/TRNSFER OUT OF COUNTY PRAECIPE TO TRANSFER THE ABOVE CUMBERLAND COUNTY FILED. * * * End of Docket * * * 15-NOV-05 10-MAY-06 POWELL ESQ, DARREN W ONED MATTER TO THE Rkc0li0ON MAY 12 2006 JOSEPH H.EVERS AQ _ u U y cr, PAULETTE ODRICK COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY VS. ANTOINETTE STEPP and OCTOBER JERM 2004 KENNETH STEPP NO. 2161 ORDER 100966 AND NOW, this f?day o 00 , upon consideration of Defendants' Preliminary Objections to Plaintiff's Complaint and any response thereto, it is hereby ORDERED that Defendants' Preliminary Objections are SUSTAINED. This matter is hereby transferred to the Court of Common Pleas of Cumberland County, Pennsylvania. It is further ORDERED that Plaintiff shall ay all costs and fees associated with the transfer of this matter to the Court of Common Pleas of Cumberland J. MNTER tjT EE COMP?I.OFCY r-ti v 15 2005 FIRST 15 2005 PA r®, F-RICKSON W. Darren Powell, Esquire Identification No. 69853 Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVj CIVIL DIVISION - LAW PAULETTE ODRICK, Plaintiff NO.: 2161 V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants OCTOBER TRIAL DIVI PRAECIPE TO TRANSFER TO THE PROTHONOTARY: Please transfer the above-captioned action from the ( Philadelphia County, to the Court of Common Pleas Pennsylvania, pursuant to the November 14, 2005 Order Ackerman. Respectfully Date: W men Pc I.D. Number: 305 North Frc P.O. Box 999 Harrisburg, R (717) 237-71; W 2004 a, R 7 :' d p ao of Common Pleas of Cumberland County, The Honorable Norman Street 17101 CI :q N ? pNNJ O N O ti Cy s? m O 9 CERTIFICATE OF SERVICE AND NOW, this day 2006, I, Kate A. Wilhelm, a paralegal of the law firm of Thomas, Tho an Hafer, ?LLP, hereby certify that I have this day served the foregoing docume y first-class ma 1, addressed to: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 Rhonda Hill Wilson, Esquire Law Offices of Rhonda Hill Wilson, R Two Penn Center Plaza, Suite 105( 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 HAFER,LLP A. Law Offices of Rhonda Hill Wilson, P. C. BY.- Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 Assessme t of Damages Hearing i Requested Attorney?r Plaintiff, Paulette drick PAULETTE ODRICK 6201 N. 10th Street, Apt. 310 Philadelphia, PA 19141 vs. ANTOINETTE STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 and KENNETH STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 COURT F COMMON PLEAS PHILAD LPHIA COUNTY o m OCTOBER TERM, 2004 CD N o La yJ ?, C) •7' NO. 2 61 -3 m ? N 2V MOTOR VEHICLE 1. Plaintiff is Paulette Odrick, an adult individual ho currently and all times relevant hereto resides at 6201 N. l Os' Street, Apt. 310, Philad Tiphia, Pennsylvania, 19141. 2. Defendant, Antoinette Stepp, is an adult indivoual whose residence at the time of the accident was 5215 Stuart Drive, Mechanicsburg, PA, 17055, and who currently resides at 5337 Oxford Circle, Apt. A68, Mechanicsburg, 3. Defendant, Kenneth Stepp, is an adult relevant hereto is 5215 Stuart Drive, Mechanicsburg, Pennsy 4. On or about October 17, 2002, Plaintiff, rental vehicle, which was struck by a car driven by Defendant Defendant Antoinette Stepp at or around the location of 31' York, New York. sylvania,17055. whose residence at all times ania, 17055. to Odrick, was a driver in a .enneth Stepp and owned by reet and 5' Avenue in New w ? COUNTI 5. Plaintiff incorporates by reference Plaintiffs Plaintiff s Complaint as if same were set forth at length he] 6. Defendant Kenneth Stepp at all times rely Defendant Antoinette Stepp's car and was subject to the Antoinette Stepp and the negligence of Defendant Ant principle of respondent superior in that the Defendant ] workman, employee or servant, is as follows: a) Failure to make proper observations; b) Failure to yield the right of way; C) Failure to give proper warning; d) Failure to maintain control of vehicle; a e) Failure to operate with due care with rega and place aforesaid under the circumstances 7. In the alternative Antoinette Stepp is neglig vehicle to the driver, Kenneth Stepp when she knew or could driver. 1 through 4 of the hereto was the driver of of control by Defendant Stepp, based upon the . Stepp was the agent, to the Plaintiff at the time for the entrustment of the known he was a reckless 8. As a result of the occurrence aforesaid and D endant Antoinette Stepp's negligence, the Plaintiff sustained personal injuries, including but not limited to, cervical radiculitis, neck pain, low back pain, headaches, thoracalgia, rig it ankle sprain, left and right knee contusions, cervical myofascitis, and lumbar myofascitis swell as emotional tension and behavior and severe shock to her nerves and nervous system, all of which caused her w great pain and agony, all of which may contribute into the future, to her great financial detriment and loss. 9. Further, as a result of the aforesaid incident, and efendant Antoinette Stepp's negligence, the Plaintiff was obliged to expend various sums f money for medical care, treatment and medicines, in and about her body endeavoring to eat and cure herself of said injuries, all of which may continue into the future, to her great nancial detriment and loss. 10. As a result of the accident aforementioned, the laintiff has been unable to attend to her usual daily duties, and was and will be unable to d so for an indefinite time in the future, to her great detriment and loss. 11. The Plaintiffs injuries were caused solely by the negligence of the Defendants as hereinbefore averred and not because of any WHEREFORE, Plaintiff, Paulette Odrick, Defendant, Antoinette Stepp, in an amount not in excess of & and punitive or other damages allowed by law. COUNT H 12. Plaintiff incorporates by reference Plaintiff's pa Plaintiff's Complaint as if same were set forth at length herein 13. The negligence of Defendant, Kenneth Stepp, follows: a) Failure to make proper observations; b) Failure to yield the right of way; C) Failure to give proper warning; by her. judgment against plus costs, interest 1 through 11 of the other things, was as d) Failure to maintain control of vehicle; e) Failure to operate with due care with reg and place aforesaid under the circumstances; 14. As a result of the occurrence aforesaid and negligence, the Plaintiff sustained personal injuries, includ radiculitis, neck pain, low back pain, headaches, thoracalgia, knee contusions, cervical myofascitis, and lumbar myofasci and behavior and severe shock to her nerves and nervous great pain and agony, all of which may contribute into the detriment and loss. d to the Plaintiff at the time efendant Kenneth Stepp's but not limited to, cervical ankle sprain, left and right well as emotional tension all of which caused her to her great financial 15. Further, as a result of the aforesaid incident, anDefendant Kenneth Stepp's negligence, the Plaintiff was obliged to expend various sum of money for medical care, treatment and medicines, in and about her body endeavoring t treat and cure herself of said injuries, all of which may continue into the future, to her great financial detriment and loss. 16. As a result of the accident aforementioned, the Plaintiff has been unable to attend to her usual daily duties , and was and will be unable t do so for an indefinite time in the future, to her great detriment and loss. 17. The Plaintiffs injuries were caused solf Defendants as hereinbefore averred and not because of any WHEREFORE, Plaintiff, Paulette Odrick, demands Kenneth Stepp, in an amount not in excess of $50,000.00, pl or other damages allowed by law. by the negligence of the by her. against Defendant, s costs, interest and punitive DATE: 0113 (0`? BY: RHONDA H] Attorney I.D. Attorney for 1 WILSON, ESQUIRE 813 stiff, Paulette Odrick VERIFICATION I, Rhonda Hill Wilson, hereby state that I am the verify that the statements made in the foregoing pleading are my knowledge, information and belief. The undersigned herein are made subject to the penalties of 18 PA. S.C. falsifications to authorities. g/a3Jas DATE for the Plaintiff and correct to the best of that the statements 4904 relating to unsworn HILL WILSON Court of Common Pleas of Philadelphia County Trial Division Civil Cover Sheet PLAINTIFF'S NAME DEFENDANT'S NAME Paulette G. Odrick Kenneth and Antionette St pp, HM PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS 6201 N. 1 Oth Street 5215 Stuart Drive Philadelphia, PA 19141 Mechanicsburg, PA 17055 PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'SADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NO. OF DEFENDANTS COMMENCEMENT OF ACTION ? Complaint ? Petition Acti on ? Notice of Appeal 1 2 ? Writ of Summers ?Transfer Fro Other Jurisdictions AMOUNT IN CONTROVERSY COURT PROGRAMS ?" $50,000.00 or less ?? Arbitration ? Mass Tort ? Commlaae ? settlement ? More than $50,000.00 ? Jury ? Savings Action ? Minor Court al ? Minors ? Non-Jury ? Petition ? Statutory App als ? W/D/Survival ? Other: CASE TYPE AND CODE (SEE INSTRUCTIONS) 2V- MOTOR VEHICLE ACCIDENT STATUTORY BASIS FOR CAUSE OF ACTION (SEE INSTRUCTIONS) N/A RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) IS CASE SUBJECT TO COORDINATION ORDER'I Yes No None ? ? ? ? ? ? TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. NAME OF PLAINTIFF'SIPETITIONER'SIAPPELLANT'S ATTORNEY ADDRESS (SEE INSTRUCTIONS) Robert A.Huber, Esquire 4961 Oxford Avenue PHONE NUMBER FAX NUMBER Philadelphia, PA 19124 (215) 535-2009 (215) 535-8830 SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS 58,948 ekinandhuber@aol.com bl NA RE DATf ? October 18, 2004 ETKIN & HUBER BY: ROBERT A. HUBER, ESQUIRE IDENTIFICATION NO: 58948 4961 OXFORD AVENUE PHILADELPHIA, PA 19124 (215) 535-2009 PAULETTE G. ODRICK 6201 N. 10th Street Philadelphia, PA 19141 VS. KENNETH AND ANTIONETTE STEPP, H/W 5215 Stuart Drive Mechanicsburg, PA 17055 Attorney for ARBITRATION ntiff PHILADELPHI? COUNTY COURT OF COMMON PLEAS OCTOBER TEI?M, 2004 NO: PRAECIPE 000Z 161 2V - MOTOR VEHICLE ACCIDENT TO THE PROTHONOTARY: Kindly issue a Writ of Summons in Civil Action in the matter. ETKIN & HUBER BY: JUN U 9 2005 THIS MATTER WILL BE HEARD BYA BOARD OF ARTITRATORS ATTH l off- DATEANDPLACE SFF?I _? I ONEOR (.'OTPRESEENTAT TH9 GFi, :1:%t`J. F`,'. i?.1l,7TER M6,7 Li.!i= _) iT`-'-%M2TIME AND LAaE! !:'-rC DGEOFTHE COLS";Pl;IT';Cii; "C'F ^S;S?NT PART OR PIv ?S?HS. IP15P.2 i91GO FIGHT TO ATFI:',L DG":^,VG 0^7 AP 2?AL FROM A DECISiG;;cN T EKED BY A J UDGF above captioned ROBERT A. HUBER, SQUIRE Attorney for Plaintiff, Paulette Odrick ri c0 cs O O r%l 0 N W O U 0 C.P. 9] VTVmmnrtf raft 4 Of P>ertrt8> Ijania CITY AND COUNTY OF PHILADEL' HIA Paulette G. Odrick 6201 N. 10th Street Philadelphia, PA 19141 Vs. Kenneth and Antionette Stepp, H/W 5215 Stuart Drive MachanicsWrg, PA 17055 ToM Kenneth and Antionette Stepp, H/W 5215 Stuart Drive Mechanicsburg, PA 17055 You are notified that the Plaintiff') Usted esta avisado que el demandante() Has (have) commenced an action against you. Ha (han) iniciado una accion en contra suya. (1) Name(s) of Defendant(s) (2) Name(s) of Plaintiff(s) 10-206(Rev.6100) By Dat1 COURT No. SUMMONS CITACION COMMON PLEAS SOBER 2004 Term, 20 @NNW &90AIL FILED PROPROTHY OCT 2 5 2004 N. McNE1L 16 f y a?'Q b ?n a? 0 0 4 m 0 A 3 N fO 0 ¦? n 0 -1 Q 0 C a IN THE COURT OF COMMON PLEAS OF P ADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ODRICK I October Term 2004 VS I Nd. 02161 ANTIONETTE ETAL CERTIFICATION OF NONAP OF ALL PARTIES All Parties having failed to appear for an Arbitration Hearing scheduled of record, the within case shall be heard before a Judge of the Court pursuant to P4.R.C.P. 1303(b)(2), and Phila.Civ.R. 1303(a), without the absent parties. There is no right to a trial de novo on appeal from a decision entered by a Judge. lJ J eph L. Hassell, squ' e Director, Arbitration enter DOCKETED Date: If n5 i e 9 20G5 L. HOYE PAGE 68 REPORT : ZDRDOCT First Judicial District RUN DATE 06/08/05 USER ID: LEH CIVIL DOCKET REPORT RUN TIME 12:00 PM ALL CASES Event: ARBH from 09-JUN-2005 thru 09-4UN-2005 ------------- ------------ ------------------------ CASE NUMBER CASE CAPTION 041002161 ODRICK VS ANTIONETTE ETAL FILING DATE COURT LOCATION JURY 18-OCT-2004 AR AC N CASE TYPE: MOTOR VEHICLE ACCIDENT STATUS: ARBITRATION HEARING SCHEDULED Event ARBITRATION HEARING Se4 # Assoc Expn Date 1 2 1 3 4 Schedule Room / Location Date/Time 09-JUN-05 1880 JFK Blvd., 5th 11:30:00 ARBITRATION CENTER Type ID APLF A58948 PLF @5082589 Judge Name & Phone No. HUBER, ROBERT ETKIN AND UBER 4961 OXFOR AVENUE PHILADELPHIA PA 19124 (215)535-2 09 (215)535-8830 - FAX ODRICK, PAULE TE G 6201 N 10T ST PHILADELPHI PA 19141 DFT @5082590 STEPP, 5215 DFT @5082594 STEPP, 5215 Filing Date / Time Docket Entry 18-OCT-04 09:51:00 COMMENCEMENT OF CIVIL ACTION 18-OCT-04 09:51:00 PRAE TO ISSUE WRIT OF SUMMONS PRAECIPE TO ISSUE WRIT OF SUMMONS SUMMONS ISSUED. 18-OCT-04 09:51:00 SHERIFF'S SURCHARGE 2 DEFTS DR G PA 17055 DR G PA 17055 Date Entered 25-OCT-04 HUBER, ROBERT A 25-OCT-04 HUBER, ROBERT A ILED. WRIT OF 25-OCT-04 HUBER, ROBERT A REPORT : ZDRDOCT First Judicial District USER ID: LEH CIVIL DOCKET REPORT ALL CASES Event: ARBH from 09-JUN-2005 thru 09-J?N-2005 Filing Date / Time Docket Entry 18-OCT-04 15:47:24 ACTIVE CASE 25-OCT-04 09:53:05 ARBITRATION HEARING SCHEDULED PAGE 69 RUN DATE 06/08/05 RUN TIME 12:00 PM Date Entered 18-OCT-04 25-OCT-04 * * * End of Docket * * * IN THE COURT OF COMMON PLEAS OF FIRST JUDICIAL DISTRICT OF CIVIL TRIAL DIVA ODRIC% VS ANTIONETTE ETAL ORDER AND NOW, this I & day of u? , 2005 it appearing the to appear for an Arbitration Hearing scheduled of record, with the C Judgment of Non Pros is hereby entered in accordance with Pa.R.C Phila.Civ.R. 1303(a). Request for relief from this Judgment of Non-Pros must BY THE COURT. LEH& 8 ? Vl1 ) PHIA COUNTY ANIA Term 2004 02161 t all parties having failed ourt of Common Pleas, a 1303(b)(2), and with Pa.R.C.P. 3051. J. oWKEM JUN 17 2005 G. g. MARTUGO PHILADELPHIA COURT OF COMMON PLEAS PETITION/MOTION COVER SHEET FOR COURT USE ONLY AS IG ED TO JUDGE: ANS ESPONSE DATE: (ARA ,l T e 11? } Do otsend d u e courtesy copy ofPetilion/Motion/Answer/Responae. Status may b tamed online at htip:llcouris.phila.gov Paulette Odrick vs. Antionette Stepp and Kenneth Stepp INDICATENATURE OFDOCUMENTFILED: El Petition (Attach Rule to Show Cause) ? Motion ? Answer to Petition ? Response to Motion GPARTJESMU517' kUDETHIS ALL FILINGS) NUMBER: October anth No. 2161 i Name of Filing Party: Paulette Odrick (Check (Check Has another petition/motion been Is another petition/motion Pend If the answer to either question is ye Term, 2004 Year me) tJ Plaintiff U Defendant me) ? Movant ? Respondent ecided in this case? ? Yes ? No g? ? Yes? No you must identify the judge(s): TYPE OF PETITION/MOTION (see list on reverse side) Petition to Open Judgment of Non Pros PETITION/MOTION CODE (see list on reverse side) PTSNP 1. CASE PROGRAM IL PARTIES Is this case in the (answer all questions): (Name, address and telepho ne number of all counsel of record and A. COMMERCE PROGRAM unrepresented parties. Attac attorney of record and unrep h a stamped addressed envelope for each resented party.) Name of Judicial Team Leader: Applicable Petition)Motion Deadline: Rhonda Hill Wilson, Esquire Has deadline been previously extended by the Court? 1500 J.F.K. Blvd., S 'te 1050 ? Yes ? Nu Philadelphia, PA 191 02 ? B. DAY FORWARD/MAJOR JURY PROGRAM - Year _ r_ Name of Judicial Team Leader: Antionette Stepp _ -t Applicable Petition/Motion Deadline: 5215 Stuart Drive II Has deadline been previously extended by the Court? Mechanicsburg, PA `l 7055 ?Yes ? No C. NON JURY PROGRAM Kenneth Stepp Date Listed: 5215 Stuart Drive --a D. ARBITRATION PROGRAM Mechanicsburg, PA 7055 Arbitration Date: Jane 9, 2005 E. ARBITRATION APPEAL PROGRAM Date Listed: F. OTHER PROGRAM: D Li M ate sted: III. OTHER s ? J \ y M op ? ? ,?• ss T 4 ra By tiling this document and signing below, the moving party certifies that this motion, petition, answ, will be served upon all counsel and unrepresented parties as required by rules of Court (see PA. R.C.P. 2 movin party verifies that the answers made herein are true and correct and understands that sanctions an r / L7/0,5 Rhonda (Attorney Signature/Unrepresented Party) (Date) (Print Nan The Petition, Motion and Answer or Response, if any, will be forwarded to the Courtaftertl No extension of the Answer/Response Date will be granted even ifthe parties so stipulate. 30-1061 (Rev. 4/04) or re onse l'do if with all! ocuments fled, 6, N* to 22.2(a), and 414). Furthermore, ay b imposed for inaccurate or incomplete 34813 (Attorney I.D. No.) 0 Law Offices of Rhonda Hill Wilson, P.C. BY.- Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 -'s Me t of Damages Hearing t Requested Attorney o r Plaintiff, Paulette drick PAULETTE ODRICK COURT F COMMON PLEAS 6201 N. W Street, Spt. 310 PHIL AD LPHIA COUNTY Philadelphia, PA 19141 vs. ANTIONETTE STEPP OCTOB R TERM, 2004 5215 Stuart Drive Mechanicsburg, PA 17055 NO. 21 61 and KENNETH STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 RULE TO SHOW CAUSE AND NOW, this day of 2 Plaintiffs' Petition for Relief from Judgment of Non Pros, it i, 1. A Rule is issued upon Respondents Antionette to show cause why Petitioner is not entitled to the relief reque 2. Respondents may file an Answer to the before 3. Notice of the entry of this order shall be I Petitioner. BY THE COURT: upon consideration of ORDERED that: and Kenneth Stepp on or to all parties by the J. Law Offices of Rhonda Hill Wilson, P. C. BT Rhonda Hill Wilson, Esquire 1. D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 Assessme t of Damages Hearing i Requested Attorney?r Plaintiff, Paulette drick PAULETTE ODRICK 6201 N. 10' Street, Spt. 310 Philadelphia, PA 19141 vs. ANTIONETTE STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 and KENNETH STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 COURT F COMMON PLEAS PHILADELPHIA COUNTY TERM, 2004 NO. PLAINTIFF PAULETTE ODRICK'S PETITION 1 JUDGMENT OF NON PROS 1. On October 18, 2004 Plaintiff, Paulette Writ of Summons against Defendants, Antionette Stepp and vehicle accident in which Plaintiff sustained personal injuries. 2. On June 16, 2005, the Court entered a failing to appear at the Arbitration Hearing Scheduled on that 3. It appears from the docket that no complaint Defendants, unbeknownst to Plaintiff. 4. Plaintiff retained new counsel, Rhonda Hill 2005, and new counsel is moving forward to proceed with 5. Plaintiff, Paulette Odrick, now files this timely RELIEF FROM filed a Praecipe to Issue a Stepp for a motor of Non Pros for all parties filed or served on Esquire, on July 6, claim. to open the non pros judgment pursuant to Pennsylvania Rule of Civil Procedure 3051. 6. Plaintiff has satisfied the requirements the non pros judgment entered on June 16, 2005 should be WHEREFORE, Plaintiff, Paulette Odrick, Honorable Court grant Plaintiffs petition and open the non June 16, 2005. .P. 3051 and therefore that this judgment entered on Rhonda Hill Wil on, Esquire Attorney for Pla' tiff Law Offices of Rhonda Hill Wilson, P. C. BT Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 Assessme#t of Damages Hearing i Requested Attorney?r Plaintiff, Paulette drick PAULETTE ODRICK 6201 N. 10' Street, Spt. 310 Philadelphia, PA 19141 VS. ANTIONETTE STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 and KENNETH STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS PHILADELPHIA COUNTY TERM, 2004 NO. 2 MEMORANDUM OF LAW IN SUPPORT OF ODRICK'S PETITION FOR RELIEF FROM Jl I. FACTS On October 17, 2002, Plaintiff Paulette Odrick was accident near 3131 Street and 5'' Avenue in New York City, sideswiped by Defendant Kenneth Stepp while proceeding on She sustained personal injuries for which she brings this Plaintiff s prior attorney filed a Praecipe to Issue a Writ Antionette Stepp and Kenneth Stepp. However, it appears complaint was ever filed and no service was completed on retained new counsel as of July 6, 2005. On June 16, 2005, Plaintiff attempted to attend her EPAULETTE OF NON PROS in a motor vehicle York. She was Avenue in Manhattan. On October 18, 2004 against Defendants, the docket that no Plaintiff has since hearing, but when she called the court to say she was on her way, a representative of the court told her to return home since her attorney never appeared. Plaintiff followed those instructions and returned home. On June 16, 2005, the Court entered a judgment of No* Pros for all parties failing to appear at the Arbitration Hearing Scheduled on that date. Plaintiff, Paulette Odrick, by her new counsel, now files this timely petition to open the non pros judgment pursuant to Pennsylvania Rule of (Civil Procedure 3051. II. LEGAL ARGUMENT PLAINTIFF IS ENTITLED TO RELIEF UNDER PA.R P. 3051 WHERE THE PETITION IS TIMELY FILED, THERE IS A REASO ABLE EXPLANATION FOR THE ALLEGED INACTIVITY OR DELAY, AND THERE IS A MERITORIOUS CAUSE OF ACTION Pennsylvania Rule of Civil Procedure 3051 states: (a) Relief from a judgment of non pros shall be sought by petition. All grounds for relief, whether to strike off the judgment or to open it, must be asserted in a single petition. (b) If the relief sought includes the opening off the judgment, the petition shall allege facts showing that (1) the petition is timely filed, (2) there is a reasonable explanation or inactivity or delay, and (3) there is a meritorious cause of action. STANDARD FOR NON PROS Pa.R.C.P 3051(b) provides a three-prong requirement judgment of non pros: If the relief sought includes the opening of a judgmen shall allege facts showing that (1) the petition is time] there is a reasonable explanation or legitimate excuse inactivity of delay, and (3) there is a meritorious caus excuse for the petition for relief from the petition filed, (2) :)r the of action. Addressing the first element of timeliness, within twenty-one (21) days of receiving notice that a in this case. Plaintiff sought to question her original attorney, response she sought out new counsel. Plaintiffs prior reason for the 21 day delay. Second, Plaintiff does not know why her attorney did on Defendants, since she believed that all things were in hearing scheduled for June 9, 2005. Third, the plaintiffs claim is meritorious. Plaintiff when she was sideswiped by Defendants without cause and Defendants' action. In Penn Piping, Inc. v. Insurance Company of North A.2d 1006 (1992), the Pennsylvania Supreme Court held that dismiss an action for lack of activity on the docket, it must be shown a want of due diligence in failing to proceed with there is no compelling reason for the delay; and (3) the delay to the adverse party..." It is respectfully submitted that there diligence, no substantial delay, and no prejudice suffered by III. CONCLUSION For the foregoing reasons, Plaintiff respectfully filed the instant Petition of non pros was entered when she got no lack of response was the file or serve a complaint to the arbitration driving in Manhattan as a result of 529 Pa. 350, 603 order for a court to that (1) a parry has promptitude; (2) caused some prejudice been no want of due adverse party. this Honorable Court to grant them Relief from Judgment of Non Pros and direct that the case be reopened. III Respectfully Submitted, Dated: 7 By: Rhonda ill Wilson, Esquire Attorney D. No. 34813 1500 J.F. . Blvd., Suite 1050 Philadelp 'a, PA 19102 215-972-1 1400 Attorney or Plaintiff VERIFICATION I, Rhonda Hill Wilson, hereby state that I am the attorney for the Plaintiff and verify that the statements made in the forgoing pleading best of my knowledge, information and belief. The statements herein are made subject to the penalties of 18 unworn falsifications to authorities. DATE: 71 ? r o? true and correct to the understands that the .S. Section 4904 relating to WILSON, ESQUIRE CERTIFICATE OF SERVICE I, Rhonda Hill Wilson, attorney for the Plaintiff, copy of Plaintiff s Petition for Relief from Judgment of Non States First Class mail, postage prepaid, to counsel and 2005, addressed as follows: Antionette Stepp 5215 Stuart Drive Mechanicsburg, PA 17055 Kenneth Stepp 5215 Stuart Drive Mechanicsburg, PA 17055 By: Rhonda Hill Attorney for that a true and correct was served by United below on July 7, Esquire it y n P C P Rh POJ nda Hill Willson, Esquire B Arhitrati n Q ? Qj I.D. 434813 Assessm ntofDamages Two Penn Center Plaza - Suite 1050 Hearing 's Requested .j. 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney or Plaintiff, (215) 972-0400 Paulette drick PAULETTE ODRICK COURT F COMMON PLEAS 6201 NI 10" Street, Spt. 310 PHILAD LPHIA COUNTY Philadelphia, PA 19141 vs. ANTIONETTE STEPP OCTOB R TERM, 2004 5215 Stuart Drive Mechanicsburg, PA 17055 NO. 2 161 . and ? KENNETH STEPP 5215 Stuart Drive C, Mechanicsburg, PA 17055 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Paulette Odric4, the plaintiff in this action. Rhonda Hill Wilson, Esq ire I.D. No. 34813 Law Office of Rhonda Hi 1 Wilson, P.C. 1500 J.F.K. Blvd., Suite 1 50 Philadelphia, PA 19102 PAULETTE ODRICK 6201 N/ 10' Street, Spt. 310 Philadelphia, PA 19141 vs. ANTIONETTE STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 and KENNETH STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 WITHDRAWAL OF TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf action. I.D. No. ?l Etkin and Huber 4961 Oxford Avenue Philadelphia, PA 19124 TERM, 2004 ,r G Odrick, the plaintiff in this FILED PRO PROTHY JUL 13 2005 R, WEISS COURT OF COMMON PLEAS PHILADELPHIA COUNTY NO. Law Offices of Rhonda Hill Wilson, P. C. BY: Rhonda Hill Wilson, Esquire I. D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 0'70320 Assessme t of Damages Hearing i Requested Attorney?or Plaintiff, Paulette drick PAULETTE ODRICK COURT F COMMON PLEAS 6201 N. 10'h Street, Spt. 310 PHILAD LPHIA COUNTY Philadelphia, PA 19141 VS. ANTIONETTE STEPP OCTOBER TERM, 2004 5215 Stuart Drive RFCevzo Mechanicsburg, PA 17055 NO. 2161 and AUG KENNETH STEPP C/V/ 1 2005 5215 Stuart Drive Mechanicsburg, PA 17055 ?A?MINISTRAT/pN ORDER AND NOW, this I f ?- day of 4 (M-( 2005, upon consideration of Plaintiffs' Petition for Relief from Judgment of Non Pros, d any response thereto, it is hereby ORDERED and DECREED that said Petition is It is FURTHER ORDERED that the Judgment of Non Pros in this matter is stricken. The Prothonotary is directed to re-open the matter. By the Court: COPIES SENT PURSUANT TO P ...P.2 b) J. AUG 0 1 2005 FIRSTJU 01 CT OF PA DOCKETED USERLD AUG 0 1 2005 E. HAURIN CIVIL ADMINISTRATION IN THE COURT OF COMMON PLEAS OF FIRST JUDICIAL DISTRICT OF TRIAL DIVISION - C AUGUST 19, 2005 ANTIONETTE STEPP 5215 STUART DR MECHANICSBURG, PA 17055 ODRICK VS ANTIONETTE ETAL 041002161 NOTICE OF ARBITRATION HEARING A COUNTY IA "Wo X00.5 ?h -QVIL The above captioned case has been sched led for an Arbitration Hearing on October 17, 2005 AT 09:30 A.M., at the Arbitration Center, 1880 JFK Blvd., 5th Floor Phi adelphia, Pa. 19103. This matter will be heard by a board of arbit ators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a Judge of the court wit out the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge. All counsel are required to appear promptly a? the time and place set forth above. Any questions regardinV this notice should b directed to the Manager of the Arbitration Unit at (215) 686-9 91. TRIAL DIVISION OFFICE OF CIVIL ADMINIST TION Law Offices of Rhonda Hill Wilson, P. C. BY.- Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 Paulette for Plaintiff, PAULETTE ODRICK 6201 N. 10" Street, Apt. 310 Philadelphia, PA 19141 VS. ANTOINETTE STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 and KENNETH STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 OF COMMON PLEAS ELPHIA COUNTY TERM, 2004 NO. 21161 TO THE PROTHONOTARY: Kindly substitute the attached Verification ofthe of record with the 2V - Motor Vehicle Accident Complaint Term, 2004 in the above-captioned matter. Paulette Odrick, for that filed number 2161, October Rhonda Hill Wilson Attome for Plaintiff VERIFICATION I, PAULETTE ODRICK, hereby state that I ar? the Plaintiff and verify that the statements made in the forgoing pleading are true correct to the best of my knowledge, information and believe. The undersigned unders ds that the statements herein are made subject to the penalties of 18 PA.S.C. Section 4904 relating to unsworn I falsifications to authorities. d DATE: - iw I ,A CONTINUANCE ARBITRATION APPLICATION FILE ORIGINAL ONLY WITH THE ARBITRATION CENTER FIRSTJUDI IAL DISTRICT OF PENNSYLVANIA ENCLOSE STAMPED ADDRESSED ENVELOPES TO ALL COUNSEL. COURT OF OMMON PLEAS LIST ALL COURT TERMS AND NUMBERS OF CONSOLIDATED CASES IN ARBITRATI CENTER SPACE. DIRECTLY BELOW. ?r Emergency Application 1880 JOHN . KENNEDY BLVD., 5TH FLOOR ? Non-Emergency Application PHILADELP IA, PA 19103 COURT TERM AND NUMBER APPLICANT DAT AND TIME OF LISTED HEARING October Term, 2004, No. 2161 0 Plaintiff ? Defendant October 17, 2005, 9:30 a.m. CAPTION Odrick v. Stepp, et al PLAINTIFF'S COUNSEL AND PHONE NO. Rhonda Hill Wilson, Esquire, 215-972-0400 DEFENDANT'S COUNSEL AND PHONE NO. None ADDITIONAL DEFENDANT'S COUNSEL AND PHONE NO. LIST PRIOR HEARING DATE(S), PARTY REQUESTING PREVIOUS CONTINUANCEISI, REASON FOR CONTINUANCE(S) None 1. THE CONTINUANCE IS NEEDED FOR THE FOLLOWING REASON(S): Plaintiffs counsel has a mandatory settlement conference before Judge Moss on October 17, 2005 at 10 a.m. for the case captioned Patterson, et al v. Tenet Health System Hahnemann, LLC, et al, September Term, 2003, No. 430. Plaintiffs counsel asks that ONLY the time be changed for the arbitration hearing to 2:30 p.m. 2. SET FORTH THE SPECIFIC BASIS FOR THE REQUEST AS PROVIDED IN PA. R.C.P. 216 AND PHI LA, CIV. R. NO.'1303(c) AND STATE HOW COMPLIANCE WITH SAID RULES HAS BEEN ACCOMPLISHED. Phila. Civ.R. No. 1303(c)(5)(vii). Plaintiffs counsel is required to attend a mandatory settle ent conference in another case as detailed above. 3. A COPYOF THIS APPLICATION WAS MAILED/DELIVERED/FAXEDTO OPPOSING COUNSEL ON 4. Position of Opposing Counsel. (Will not be considered unless position stated.) There is no counsel for defendants. Defendants cannot be reached and have not answered the Complaint. 5. Agreed upon continuance date, ifany: October 17, 2005 at 2:30 p.m. Defendants cannot be reached and have not answered the Co plaint. I hereby certify the above is true and correct. /`1 z1 Signature ofCounsel for Applicant October 5, © AND NOW, this ?day of ER20 6 upon Continuance, the request for a continuance is ? Denied Granted and the hearing is rescheduled for ?n Arbitration Center. 01-405(R.v. 04/04) ,ADate 00, n of the within Application for 17 2-cro r of at the David S. Wolf, Esquire Identification No. 35671 By: James A. Godin, Esquire Identification No. 65914 Suite 500 - Public Ledger Building 150 South Independence Mall West Philadelphia, Pa. 19106 (215) 627-3087 PAULETTE ODRICK Plaintiff VS. ANTOINETTESTEPP and KENNETH STEPP Defendants COURT OF COMMON PLEA C ? PHILADELPHIA COUNTY O o CIVIL ACTION - LAW -v 0 :0 TRIAL DIVI ION 7r"0,., NO. 0410021Q1 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above entitled case for Kenneth Stepp. BY: Rhonda Hill Wilson, Esquire Two Penn Center Plaza, Suite 1050 1500 JFK Boulevard Philadelphia, PA 19102 JAG 002885174-0003 John Cresswell/Blue Bell Claims PRO PROTW OCT 0 7 2005 M.BADAME WOLF, RUE I'e C David S. Woli James-A: 6sa Attorney for I FILED: MAILED: Antoinette Stepp and & HASSON C.SClulre endants A g " A ~ Y October, 2005 October, 2005 CONTINUANCE ARBITRATION APPLICA? ION FILE ORIGINAL ONLY WITH THE ARBITRATION CENTER FIRSTJUDI IAL DISTRICT OF PENNSYLVANIA ENCLOSE STAMPED ADDRESSED ENVELOPES TO ALL COUNSEL. COURT OF COMMON PLEAS LIST ALL COURT TERMS AND NUMBERS OF CONSOLIDATED CASES IN ARBITRATION CENTER SPACE DIRECTLY BELOW. 5TH FLOOR 1880 JOHN 0 KENNEDY BLVD ? Emergency Application . ., Q Non-Emergency Application PHILADELP IA, PA 19103 COURT TERM AND NUMBER APPLICANT GATE ANO TIME OF LISTED HEARING October Term 2004, No. 2161 ? Plaintiff ?? Defendant October 17, 2005 @ 2:30 p.m. CAPTION Paulette Odrick v. Antoinette Stepp and Kenneth Stepp PLAINTIFF'S COUNSEL AND PHONE NO. Rhonda Hill Wilson, Esq., (215) 972-0400 DEFENDANT'S COUNSEL AND PHONE NO, James A. Godin, Esq., (215) 627-3087 ADDITIONAL DEFENDANT'S COUNSEL AND PHONE NO. LIST PRIOR HEARING DATEIS), PARTY REQUESTING PREVIOUS CONTINUANCE(S), REASON FOR CONTINUANCE(S) Due to a scheduling conflict, Plaintiff requested that the October 17, 2005 hearing be moved from 9:30 a.m. to 2:30 p.m. 1. THE CONTINUANCE IS NEEDED FOR THE FOLLOWING REASON(S): Plaintiff did not file an Affidavit of Service confirming service of original process upon the D efendants until October 5, 2005. Defendants require sufficient time prior to arbitration to file preliminary objections to Plainti fs Complaint based upon improper venue. More specifically, since Defendants reside outside of Philadelphia County and the ac cident giving rise to this litigation occurred in New York, Philadelphia County is not a proper venue for this litigation. Defendants could take no substantive action in defense of this litigation until Plaintiff confir med with the Court that they effectuated service of original process. Accordingly, Defendants request a continuance of the arbitration so that their Preliminary Objection may be ruled upon prior to arbitration. 2. SET FORTH THE SPECIFIC BASIS FOR THE REQUEST AS PROVIDED IN PA. R.C.P. 216 AND PHI LA. CIV. R. NO.'1303(c) AND STATE HOW COMPLIANCE WITH SAID RULES HAS BEEN ACCOMPLISHED. Defendants request this continuance pursaunt to Phila. Civ. R. No. 1303(c)(5)(v) 3. A COPY OF TH IS APPLICATION WAS MAILED/DELIVERED/FAXED TO OPPOSING COUNSEL ON October 11, 2005 . 4. Position of Opposing Counsel. (Will not be considered unless position stated.) Does not oppose 5. Agreed upon continuance date, if any: I hereby c ify the abov t orrect. ?' and c October 11, 005 Signa Covnselfar plicant Date I? 1 AND NOW, this .day if , upon consideration of the within Application for Continuance, the request for a continuance is ? Denied O Granted and the hearing is rescheduled for ? (i.on ? tthe Arbitration Center. le I 01<05(Rev.04104) .l PF FP'F':; I - NUMBER: 100966 PHILADELPHIA COURT OF COMMON PLEAS PETITION/MOTION COVER SHEET 4 FORCOURTUSEONLY ' ASSIGNED TO JUDGE: ANSWER/RESPQNSE DATE: October [D, notaendI.._, copy of Petition/Motion Answer/Response. tanta mayl .alned online at http://Courts.phila.gm No 2161 Paulette Odrick Name of Film Antoinette Y8. (Check Antoinette Stepp and Kenneth Stepp (Cheek INDICATENATUREOFDOCUMENTFD.ED: Has another petition/motion been Is another petition/motion pendt ? Petition (Attach Rule to Show Cause) E] Motion If the answer to either question is ye; ? Answer to Petition ? Response to Motion rms. car ALL FILINGS) THIS Term, 2004 Year Party: itepp and Kenneth Stepp me) ? Plaintiff [D Defendant me) I] Movant ? Respondent ecided in this case? ?Q Yes ? No g? ? Yes ? No you must identify the judge(s): TYPE OF PETITION/MOTION (see list on reverse side) PETITION/MOTION CODE Motion to Determine Preliminary Objections (see list on verse side) PROB D ANSWER/RESPONSE FILED TO (Please insert the title of the corresponding petitiorn/motlon to which you are re penting): 1. CASE PROGRAM H. PARTIES (required for p of of service) Is this case in the (answer all questinns): (Name, address and telepho ne number of all counsel of record and A. COMMERCE PROGRAM unrepresented parties. Attac h a stamped addressed envelope for each attorney of record and unrep esented party.) Name of Judicial Team Leader: Rhonda Hill Wilson Esq. Applicable Petition/Motion Deadline: Suite 1050 Has deadline been previously extended by the Court? ?Yes ?No Two Penn Center P laza B. DAY FORWARD/MAJOR JURY PROGRAM - Year 1500 J.F.K. Boulev rd Name of Judicial Team Leader: Philadelphia, PA 1 102 Applicable Petition/Motion Deadline: (215) 972-0400 Has deadline been previously extended by the Court? - ?Yes ? ^ C. NON JURY PROGRAM l6 1;14- Listed: Date D. ARBITRATION PROGRAM Arbitration Date: December 28, 2005______._.___ l E ARBITRATION APPEAL PROGRAM Date Listed:. .. F. OTHER PROGRAM: Date Listed: 111. OTHER By filing this document and signing below, the moving party certifies that this motion, petition, answet will be served upon all counsel and unrepresented parties as required by rules of Court (see PA. R.C.P. 20 movie if veri 'qs that arts s made herein are fine and coact and nderstands that sanctions arts r / O /? U / 3 James (Attorney Signature/O represented Party) (Dire) (Print A The Petition, Motion and Answer or Response, if any, will beforwarded to the Court after thi No extension of the Answer/Response Date will be granted even if the partiesso stipulate. satome or response along with all documents filed, .6, Note to 208.2(a), and 440). Furthermore, ay be imposed for inaccurate or incomplete A. Godin 65914 (Attornev I.D. No.) Date. S . WOLF, RUBINATE & HASSON BY: JAMES A. GODIN, ESQUIRE Attorney for Defendants ATTORNEY I.D. NO.: 65914 Antoinette S epp and Suite 500 - Public Ledger Building Kenneth Step p 150 South Independence Mall West Philadelphia, PA 19106 (215) 627-3087 PAULETTE ODRICK COURT OF COMMON PLEAS OF PHILAD ELPHIA COUNTY vs. ANTOINETTE STEPP and OCTOBER TERM 2004 KENNETH STEPP NO. 2161 DEFENDANTS' PRELIMINARY OBJE( TO PLAINTIFF'S COMPLAINT Defendants Antoinette Stepp and Kenneth Stepp, by an through their counsel, hereby preliminarily object to Plaintiff's Complaint on the gro nds of improper venue. In support thereof, Defendants aver as follows: 1. This action arises from a motor vehicle accident that occurred on or about October 17, 2002. (See Plaintiff's Complaint, a copy of whi h is attached hereto as Exhibit "A", at paragraph 4). 2. Plaintiff admitted that this accident occurred i New York, NY. (See Exhibit "A" at paragraph 4). 3. Defendants reside and were served with original Mechanicsburg, Cumberland County, PA. (See Affidavit of Si Exhibit `B'; see also Exhibit "A" at paragraphs 2-3). 4. Pursuant to Rule 1006(a) of the Pennsylvania Rul action against an individual may only be brought in a county in be served or in which the cause of action arose. at their home in attached hereto as of Civil Procedure, an the individual may ATTEST OCT 13 2005 D. VOdLER PRO•PROTHY 5. Plaintiff served her Complaint upon Defendan Cumberland County, and her Complaint contains no allegations they are amenable to service of process in Philadelphia County. 6. Moreover, the accident giving rise to this litigatioi NY. 7. Accordingly, the only proper venue in Pennsyl Cumberland County. 8. Rule 1028(a) of the Pennsylvania Rules of Civil preliminary objections may be filed to any pleading based upon ii 9. Clearly, as this cause of action did not arise in P since Defendants cannot be served with original process i. Plaintiff's chosen venue is improper under the Rules of Civil Proi 10. Therefore, this matter should be transferred to the of Cumberland County, Pennsylvania. WHEREFORE, Defendants respectfully request that thei be sustained for improper venue. Respectfully at their residence in hat would indicate that occurred in New York, for this action is re provides that venue. iadelphia County, and Philadelphia County, of Common Pleas Preliminary Objections WOLF, RUBINAT4 & HASSON TAMES A. C Attorney for Antoinette S , ESQUIRE and Kenneth Stepp DATED: VERIFICATION James A. Godin, Esquire states that he is the attorney for the and Kenneth Stepp, in this action and the facts set forth in the Preliminary Objections are true and correct to the best of his knowledge, that this statement is made subject to the penalties of 18 Pa. C.S. 4904 to authorities. WOLF, BY, James A. Ge Attorney for Antoinette Stepp Motion to Determine and belief, and to unsworn falsification AND HASSON RE: Paulette Odrick v. Antoinette Stepp and Kenneth Stepp WOLF, RUBINATE & HASSON BY:' JAMES A. GODIN, ESQUIRE Attorney for ATTORNEY I.D. NO.: 65914 Antoinette S Suite 500 - Public Ledger Building Kenneth Ste; 150 South Independence Mall West Philadelphia, PA 19106 (215) 627-3087 PAULETTE ODRICK COURT OF OF PHILAI; vs. ANTOINETTE STEPP and OCTOBER' KENNETH STEPP NO. 2161 MEMORANDUM OF LAW IN SUPPORT OF 1. MATTER BEFORE THE COURT Defendants' Preliminary Objections to Plaintiff's Coml II. STATEMENT OF THE OUESTION INVOLVED Is Philadelphia County a proper venue for this cause of III. FACTS This action arises from a motor vehicle accident October 17, 2002. (See Plaintiff's Complaint, a copy of Exhibit "A", at paragraph 4). Plaintiff admitted that this ac( NY. (See Exhibit "A" at paragraph 4). Additionally, Defer with original process at their home in Mechanicsburg, Cu Affidavit of Service attached hereto as Exhibit "B"; see also and N PLEAS COUNTY 2004 occurred on or about a is attached hereto as occurred in New York, reside and were served and County, PA. (See it "A" at paragraphs 2- 3). IV. ARGUMENT A. This matter should be transferred to the Court of Common Pleas of Cumberland Countv Pursuant to Rule 1006(a) of the Pennsylvania Rules of C. it Procedure, an action against an individual may only be brought in a county in which the individual may be served or in which the cause of action arose. Plaintiff served her Complaint upon Defendants at their residence in Mechanicsburg, Cumberland C Plaintiff's Complaint contains no allegations which would amenable to service of process in Philadelphia County. Ther giving rise to this litigation occurred in New York, NY, th Pennsylvania for this action is Cumberland County. Rule 1028(a) of the Pennsylvania Rules of Civil preliminary objections may be filed to any pleading based upon as this cause of action did not arise in Philadelphia County, , served with original process in Philadelphia County, Plaintiff's under the Rules of Civil Procedure. Accordingly, this matter sl Court of Common Pleas of Cumberland County. V. RELIEF For the aforementioned reasons, Defendants Preliminary Objections be sustained for improper venue nty, Pennsylvania, and idicate that they are )re, since the accident only proper venue in xedure provides that proper venue. Clearly, Defendants cannot be )sen venue is improper Id be transferred to the requests that their that this matter be transferred to the Court of Common Pleas of Cumberland County Pennsylvania. WOLF, RUBINA' By:. J(461ES A. G6P Attorney for Def Antoinette Stepp & HASSON ESQUIRE Kenneth Stepp I I David S. Wolf, Esquire Identification No. 35671 By: James A. Godin, Esquire Identification No. 65914 Suite 500 - Public Ledger Building 150 South Independence Mall West Philadelphia, Pa. 19106 (215) 627-3087 (FOR DEFENDANT(S): Ms. Antoinette Stepp PAULETTE ODRICK Plaintiff VS. ANTOINETTESTEPP and KENNETH STEPP Defendants COURT O COMMON PLEAS PHILADELPHIA COUNTY NO. 041002x61 CERTIFICATE OF SERVICE I do hereby certify that service of a true and correct copy of the the 13th day of October, 2005, to the counsel named below, by United Rhonda Hill Wilson, Esquire Two Penn Center Plaza, Suite 1050 1500 JFK Boulevard Philadelphia, PA 19102 WOLF, BY: Motion was made on s Mail, postage prepaid. AND HASSON Attorney for EXHIBIT "A`, 101/10/2005 1109 FAX 2159726756 Rhonda Hill Wilson 2 010/015 Law Offices of Rhonda Hill Wilson, P.C. BY: Rhonda Hill Wilson, E quire LD. #34813 Two Penn Center Plaza - S Cite 1050 1500 John F. Kennedy Boui ward Philadelphia PA 19102 (215) 972-0400 Assessme t of Damages Hearing i Requested Attorney r Plaintiff, Paulette ick PAULETTE ODRICK 6201 N. 10" Street, Apt. 31 1 Philadelphia, PA 19141 VS. ANTOINETTE STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 and KENNETI4 STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 NO. a COUNTY TERM, 2004 ,;O FU NTINCIVI C 2 P'MOTOR Y?EB7CLEACCIDEN 1. Plaintiff is P tulette Odrick an adult individual ho currently and all times relevant hereto resides at 64 31 N. 10" Street, Apt. 310, Philadelphia, Pennsylvania, 19141, 2. Defendant, , mtoinette Stepp, is an adult individual whose residence at the time of the accident was 52 5 Stuart Drive, Mechanicsburg, P4, 17055, and who ct nway resides at 5337 Oxford Cin le, Apt. A68, Mechanicsburg, 3. Defendant I enneth Stepp, is relevant hereto is 5215 Stu, rt'Drive, Mechanicsburg, 4. On or about October 17, 2002, Plaintiff, rental vehicle, which was s' ruck by a car driven by Defendant Antoinette Stepi at or around the location of 31 York, New York. lvauia,17055. lose residence at all times 17055. Odrick, was a driver in a meth Stepp and owned by :t and 5" Avenue in New -o A cprt LP r" ?o f 1o/1o/zoo5 11.08 FAX 215372s756 '.. II Rhonda Hill Wilson ! COUNT PAULE 5. Plaintiff inec rporates by reference Plaintiff's Plaintiff's Complaint as if s une were set forth at length hei 6. Defendant k enneth Stepp at all times rely Defendant Antoinette Stepp 's car and was subject to the Antoinette Stepp and the tegligence of Defendant Aa principle of respondent su r-rior in that the Defendant workman, employee or sera ant, is as follows: a) Failu -e to make proper observations; b) Failu a to yield the right of way; c) Failu a to give proper warning; d) Failu v to maintain control of vehicle; a e) Failu •e to operate with due care with regi and place aforesaid under tt a circumstances 7. In the altern dive Antoinette Stepp is vehicle to the driver, Kenne h Stepp when she knew or could I driver. Z011/015 1 through 4 of the hereto was the driver of of control by Defendant Stepp, based upon the Stepp was the agent, to the Plaintiff at the time for the entrustment of the a reckless 8. As a result (f the occurrence aforesaid and De endant Antoinette Stepp's negligence, the Plaintiff su dained personal injuries, including but not limited to, cervical radiculitis, neck pain low ba ck pain, headaches, thoracalgia ri t ankle sprain, left and right knee contusions, cervical in rofascitis, and lumbar myofaseitis well as emotional tension I and behavior and severe sh Eck to her nerves and nervous svstdm, all of which caused her ' 10/10/2005 1109 FAX 2159729759 Rhonda Hill Wilson 16012/015 great pain and agony, all o: which may contribute into the f detriment and loss. to her great financial 9. Further, as a r suit o£the aforesaid incident, Stepp's negligence, the Plaintiff we ; obliged to expend various sums Of money for medical care, treatment and medicines, in nid about her body endeavoring to Cheat and cure herself of said injuries, all of which may cc atinue into the future, to her great ial detriment and loss, 10. As a result o 'the accident aforementioned, the Plaintiff has been unable to attend to her usual daily dut es, and was and will be unable to d so for an indefinite time in the future, to her great detri nent and loss, 11. The Plaintiff Ps injuries were caused solely PAU Defendants as hereinbefore averred and not because of any a WHERER RE, Plaintiff, Paulette Odrick, Defendant, Antoinette Step ), in an amount not in excess of and punitive or other dama, ;es allowed by law. COUNTH 12. Plaintiff inc, rporates by reference Plaintiff's Plaintiff's Complaint as if ? ame were set forth at length here' 13. The neglige ice of Defendant, Kenneth Stepp I follows: a) Fain re to make proper observations; b) Fail, re to yield the right of way; C) Faili xe to give proper warning; the negligence of the by her. judgment against plus costs, interest 1 through 11 of the other things, was as I i0{10!2005 1 1.03 FA" 2159726758 • . I Rhonda Hill Wilson d) Faili re to maintain control of vehicle; e) Failt re to operate with due care and place aforesaid under t le circumstances; a 0191015 to the Plaintiff at the time 14. As a result Df the occurrence aforesaid and e£endant Kenneth Stepp's negligence, the Plaintiff st >tained personal injuries, incl but not limited to, cervical radiculitis, neck pain, low b, ek pain, headaches, thoracalgia, rig ankle sprain, left and right knee contusions, cervical m Kofascitis, and lumbar myofascitis well as emotional tension and behavior and severe sh rck to her nerves and nervous system, all of which caused her great pain and agony, all c r which may contribute into the fi? ure, to her great financial detriment and loss. 15. Further, as a vault of the aforesaid incident, and Defendant Kenneth Stepp's negligence, the Plaintiff w,. s obliged to expend various sums f money for medical care, treatment and medicines, in tnd about her body endeavoring to at and cure herself of said injuries, all of which may cc nUnue into the future, to her great nancial detriment and loss. 16. Asa result o 'the accident aforementioned, the laintiff has been unable to attend to her usual daily dm es , and was and will be ratable to Co so for an indefinite time in the future, to her great de riment and loss. 17. The Plaintiff's injuries were caused solely y the negligence of the Defendants as hereinbefore tverred and not because of any woons by her. WHEREFORE, PI; intil? Paulette Odrick, demands j4dgment against Defendant, Kenneth Stepp, in an amou it not in excess of $50,000.00, plush costs, interest and punitive or other damages allowed b , law. 10/10/2005 11:09 FAX 2159726756 Rhonda Hill Wilson Z 0 14/0 15 DATE: oZ _ BY: RHONDA HILL Attomey I.D. t13? Attomey for Plai ESQUIRE Paulette Odrick TO/10/2005 11:09 FAX 2159726756 • ? I Rhonda Hill Wilson VEW.F7CATIOIV I, Rhonda H-11 Wilson, hereby state that I am the verify that the statements rr ade in the foregoing pleading are t my knowledge, information and belief. The undersigned and herein are made subject to he penalties of 18 PA. S.C. Secth falsifications to authorities. DATE + ? 015/015 ttomeyforthe Plaintiffand leand correct to the best of rstands that the statements 14904 relating to unsworn EXHIBIT "B" 10'11012005 11:08 FAX 2159726756 Attorney, Paulette Z 003/015 OCT g Plaintiff, COUNTY I, Rhonda Hill Wils, n, Esquire, being properly sworn NO. 2. On October : 7, 2002, Cpl. Timothy Reitz, TERM, 2004 Arr 1LA N 111 Ur' SEX V iL?,r. Rhonda Hill Wilson Law [maces of Rhonda Hill Wilson, P.C. BY.- Rhonda Hill Wilson, E ;quire I.D. 034813 Two Penn Center Plaza - S vita 1050 1500 John F. Kennedy Bou evard Philadelphia, PA 19102 (215) 972-0400 PAULETTE ODRICK VS. ANTOINETTE STEPP and KENNETH STEPP depose and say that: L I am over 21 years of age, Cumberland County, Penns rlvania, served an attested copy this matter upon the defend nts, Antoinette Stepp and manner: (a) Upor defendant, Antoinette Stepp, by thereof to defendant at appr iximately 12:00 p.m. at 5215 PA 17055. Sworn to and subscribed before m th's day of? 2P 12005. Notary Public NOTARIAf. SEAL. Mclis9a L. Porbes, Notury Publi City of Philn., Phi4addp41aCOUn y Myeommissi0nax0?r,Is, L mbtr24,tD 6 to law, hereby or Deputy Sheriff of Writ of Summons in Stepp, in the following handing a copy Drive. Mechanicsburg, 1 1 10710/2005 11:08 FAX 2158726756 Rhonda Rill Wilson MB LIFF I S RETURN - REi CASE'NO: 2004^00745 T' ,COMMONWEALTH OF PENNSYLVA SIA; COUNTY OF CUMBERLAND ODRICK PAULETTE G VS STEPP KENNETH ET AL CPL. TIMOTHY REITZ Sheriff or Depi Cumberland County,Pennsylrania, who being duly gays, the within WRIT OF 3UMMONS was BTEPP ANTOINETTE DEFENDANT at 0012:)0 HOURS, on the 27th at 5215 STUART DRIVE MECHANICSBURG, PA 17055 _ by ha ANTOINETTE STEPP a true and 'attested copy cf WRIT -6i SUMMONS Z 004/015 .Sheriff of ern according to law, ved upon the r of October , 2004 ag to together with he contents thereof. and at the same time direzting Her attention to Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit 1.00 Surcharge .00 R. Thomas Kline .00 7.00 10/28/2004 ETKIN & HUBER Sworn and Subscribed to t_fore 8y: me this 29?"?day of 204 A.L. a& _Y Notary CLAU0IA A. 5 Oat tit I My CEfir•.i e ,W lL..-- BAK511 WARY PUBLIC Cumbafiand County EKplre$ April A, 2C05 .ZLSPHONE: 215-627-3087 215-627-3088 LAW OFFICES OF WOLF, RUBINATE & HASSON SUITE 500- PUBLIC LEDGER BUILDING 6TH & CHESTNUT STREETS 150 SOUTH INDEPENDENCE MALL WEST PHILADELPHIA. PENNSYLVANIA 19106-3476 FAX: 215-629-1570 215-627-0399 *NOT A PARTNERSHIP James A. Godin, Esquire Extension: 222 October 13, 2005 Rhonda Hill Wilson, Esquire Two Penn Center Plaza, Suite 1050 1500 JFK Boulevard Philadelphia, PA 19102 RE: Paulette Odrick v. Antoinette Stepp and Kenneth Stepp Philadelphia CCP, 041002161 Our File No.: LA211-002885174-0003 Dear Ms. Wilson: Enclosed please find a copy of Defendant's Motion to Determine original of which is being filed with the Court today. Thank you. truly yours, "F, Jame odin? JAG/jm Enclosure cc: John Cresswell, Adjuster, Blue Bell Claims Objections, the PHILADELPHIA COURT OF COMMON PLEAS PETITION/MOTION COVER SHEET FORCOURTUSEONLY ASSIGNED TO JUDGE: ANSWERIRESPONSE DATE: Do not send Judge courtesy copy of PelitionlMotion/Answer/Respyl}rerD ILC S tatus may be obtained online at hitp:llcourts.phila.gov CONTROL NUMBER: 10121'7 (RESPO DING PARTIESMUSTINCLUDETHIS NUMBEIJONALL FILINGS) October No. 2161 Paulette Odrick 2005 Name of Paulette vs. Antoinette Ste DDandKenneth Stepp 10I1 INDICATENATURE OFDOCUMENTFILED: ? Petition (Attach Rule to Show Cause) El Motion [3 Answer to Petition EI Response to Motion Has another petition/motion been Is another petition/motion pend lj the answer to either question is ye Party: Tetra, 2004 Year one) Ltj Plaintiff LJ Defendant one) ?r Movant ? Respondent iecided in this case? ? Yes ? No Ill? ?? Yes ? No you must identify the judge(s): TYPE OF PETITION/MOTION (see list on reverse side) Motion to Determine Preliminary Objections PETITIONIMOTION CODE (see list on reverse side) DPROB 1. CASE PROGRAM 11. PARTIES Is this case In the (answer all queaioms): (Name, address and teleph no number of all counsel of record and unrepresented parties. AIM It a stamped addressed envelope for each A. COMMERCE PROGRAM attorney of record and unre resented party.) Name of Judicial Team Leader: Rhonda Hill Wilson, Esquire Applicable Petition/Motion Deadline: 1500J.F.K. Blvd, S ite 1050 Has deadline been previously extended by the Court? Philadelphia PA 191 02 ? Yea ? No , B. DAY FORWARD/MAJOR JURY PROGRAM - Year _ 215-972-0400 Name of Judicial Team Leader: James GOdin EsquiI Applicable limitionfMotion Deadline: , Has deadline been previously extended by the Court? Wolf, Rubinate & H son ? Yes ? No Suite 500, Public Le ger Building C. NON JURY PROGRAM 150 South Independe ce Mall West Date Listed: Philadelphia, PA 191 6 D. ARBITRATION PROGRAM 215-627-3087 Arbitration Date: December28 2005 E. ARBITRATION APPEAL PROGRAM Date Listed: F. OTHER PROGRAM: Date Listed:--------- ._ ill. OTHER By filing this document and signing below, the moving party certifies that this motion, petition, answer or response along with all documents filed, will be served upon all counsel and unrepresented parties as required by rules of Court (see PA. R.C.P. 20 .6, Note to 208.2(a), and 440). Furthermore, moving party verifies that the answers made herein are true and correct and understands that sanctions ay be imposed for inaccurate or incomplete ( 0 Rhonda ill Wilson, Esquire 34813 j (Attorney Signature/Unrepresented Party) (Date) (Print Nome (Attorney l.D. No.) The Petition, Motion and Answer or Responae,if any, willbeforwarded to the Court afterthe Answer/Response Date. No extension ofthe Answer/Response Datewill be granted even ifthe parties so stipulate. ao-teal (Reo.4loa) ,Law Offices of Rhonda Hill Wilson, P. C. BY: Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 Attorney for Plaintiff, Paulette Odrick ODRICK VS. ANTOINETTE STEPP and KENNETH STEPP COURT F COMMON PLEAS PHILADELPHIA COUNTY NO. 2 ORDER AND NOW, this day of the Plaintiff's Preliminary Objections to the Preliminary Objec response thereto, it is hereby ORDERED and DECREED Objections are SUSTAINED and Defendants' Preliminary Obj prejudice. TERM, 2004 10121.7 , upon consideration of of Defendants, and any Plaintiff s Preliminary s are DISMISSED with J. Law Offices of Rhonda Hill Wilson, P. C. BY.- Rhonda Hill Wilson, Esquire ID. #34813 Two Penn Center Plaza - Suite 1050 1500 John F Kennedy Boulevard Philadelphia, PA 19102 Attornej (215) 972-0400 Paulette COURT F COMMON PLEAS PHILADELPHIA COUNTY PAULETTE ODRICK vs. ANTOINETTE STEPP and KENNETH STEPP Plaintiff, TERM, 2004 NO. 2161 PLAINTIFF'S PRELIMINARY OBJECTIONS DDPiT TMTN A DV /1112 Wf'TTn' 1. Failure to Conform to Rule of Law 1. The Plaintiff's complaint in this case was Exhibit "A." 2. Defendants were served with the Plaintiff s 2002. See Exhibit "B." 3. Defendants were mailed Plaintiffs Comb Exhibit "C." 4. Defendants filed an Entry of Appearance on "D 5. A complaint or other pleading must be resf service. Pa.R.C.P. Section 1026. 6. The time to respond to the complaint may be e) DEFENDANTS' ATTEST OCT 1 7 2005 ICHgE? PERRI PRO.PROrHY in August 23, 2005. See on October 27, on August 24, 2005. See 6, 2005. See Exhibit to within 20 days of by written agreement of the parties. Pa.R.C.P. Section 248. No extension of respoi 7. On October 13, 2005, Defendants filed their Exhibit "E." 8. The Defendants' Preliminary Objections were ra September 13, 2005. 9. Defendants' Preliminary Objections were filet 10. The parties had no written or verbal agreemen time to file Defendants' Preliminary Objections. 11. Defendants' Preliminary Objections should 1 conform to rule of law. WHEREFORE, Plaintiff respectfully requests Objections be dismissed with prejudice. By: Rhonda Hill Attorney for time was granted. liminary Objections. See to be filed on or before approximately 30 days late. to extend the period of dismissed for failure to Defendants' Preliminary Esquire Law Offices of Rhonda Hill Wilson, P. C. BY: Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 PRO PROTHy OCT 18 2005 R. WEISS Attorney Paulette r Plaintiff, PAULETTE ODRICK vs. ANTOINETTE STEPP and KENNETH STEPP PLAINTIFF'S PRELIMINARY OBJECTIONS 1. Failure to Conform to Rule of Law 1. The Plaintiff's complaint in this case was Exhibit "A." 2. Defendants were served with the Plaintiff s 2002. See Exhibit "B." 3. Defendants were mailed Plaintiff's Comi Exhibit "C." 4. Defendants filed an Entry of Appearance on I "D." 5. A complaint or other pleading must be re service. Pa.R.C.P. Section 1026. 6. The time to respond to the complaint may be COURT F COMMON PLEAS PHILADELPHIA COUNTY TERM, 2004 NO. 2161 DEFENDANTS' on August 23, 2005. See on October 27, on August 24, 2005. See 6, 2005. See Exhibit to within 20 days of by written agreement r of the parties. Pa.R.C.P. Section 248. No extension of respom 7. On October 13, 2005, Defendants filed their P Exhibit "E." 8. The Defendants' Preliminary Objections were re September 13, 2005. 9. Defendants' Preliminary Objections were filed 10. The parties had no written or verbal agreement time to file Defendants' Preliminary Objections. 11. Defendants' Preliminary Objectio ns should b conform to rule of law. WHEREFORE, Plaintiff respectfully requests Objections be dismissed with prejudice. By: Rhonda Hill Attorney for time was granted. liminary Objections. See to be filed on or before approximately 30 days late. .o extend the period of dismissed for failure to Preliminary Esquire R PHILADELPHIA COURT OF COMMON PLEAS PETITION/MOTION COVER SHEET % FORCO URTUSEONLY ASSIGNED TO JUDGE: ANSWER/RPSPONSE DATE: L Do not send Judge courtesy copy of PetitiowMotionJAnswerfResponse. Status may be obtained online at hap://courts.phila.gov Paulette Odrick vs, Antoinette Stepp and Kenneth Stepp INDICATE NATURE OF I)OCIlIYIENTFILED: ? Petition (Attach Rule to Show Cause) ? Motion ? Answer to Petition Q Response to motion CONTR 101 (RESPO NUMSE L NUMBER: 17 DINGPARTIESMUSTINCLUDETHIS ONALL FILINGS) VCIODer Tetm 2UU4 Month Year No. 2161 Name of Filing Party: Antoinette Stew and Kenneth Stepp Has another petition/motion been Is another petition/motion peed. If the answer to either question is ye one) LJ Plaintiff W Defendant one) ? Movant Q Respondent decided in this case? Q Yes ? No Ill? Q Yes ? No you must identify the judge(s): TYPE OF PETITION/MOTION (see list on reverse side) PETITION/MOTION CODE (see list on reverse side) DPROB ANSWER/RESPONSE FILED TO (Please insert the title of the corresponding petitioNmotion to which you are r sponding): Plaintiffs Preliminary Objections to Defendants' Preliminary Objection 1. CASE PROGRAM H. PARTIES (required for roof of service) Is this case in the (answer all questions): (Name, address and te/eph no number of all counsel of record and unrepresented parties. Atta h a stamped addressed envelope for each A. COMMERCE PROGRAM attorney of record and unre resented party.) Nance of Judicial Team Leader: __-_-.- Rhonda HIII WIISO ,ESQ. Applicable Petition/Motion Deadline: 1500 J F K Boule rd Has deadline been previously extended by the Court? . . . Dyes ?No Suite 1050 B. DAY FORWARD/MAJOR JURY PROGRAM - Year _ Philadelphia, PA 1 102 Name of Judicial Team Leader: (215) 97x2-0400 Applicable Petition/Motion Deadline: Has deadline been previously extended by the Court? ? Yes ? No C. NON JURY PROGRAM Date Listed: D. ARBITRATION PROGRAM , _ Arbitration Date: December 28, 2005 E ARBITRATION APPEAL PROGRAM Date Listed: F. OTHER PROGRAM: Date Listed: - III. OTHER By filing this document and signing below, the moving party certifies that this motion, petition, answer will be served upon all counsel and unrepresented panics as required by rules of Court (see PA. R.C.P. 20, moving par verifies that a answ rs made herein are true and correct and understands that sanctions i answers. / 67James E Attorney Signa nrepresenfed Potty) (Date) (Print N The Petition, Motion and Answer or Response, if any, will beforwarded to the Court after th( No extension of the Answer/Response Date will be granted even if the parties so stipulate. 3o.io61B response along with all documents filed, Note to 208.2(a), and 440). Furthermore, be imposed for inaccurate or incomplete (Attorney I.D. No.) WOLF, RUBINATE & HASSON BY: JAMES A. GODIN, ESQUIRE ATTORNEY I.D. NO.: 65914 Suite 500 - Public Ledger Building 150 South Independence Mall West Philadelphia, PA 19106 (215) 627-3087 PAULETTE ODRICK COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY vs. ANTOINETTE STEPP and KENNETH STEPP OCTOBER TERM 2004 NO. 2161 DEFENDANTS' RESPONSE TO PLAINTIFF'S iR IFC'rTTTNQ Tn nrrrNn ANTQ? DDCT TMTl%TA Defendants Antoinette Stepp and Kenneth Stepp, by hereby respond to Plaintiffs Preliminary Objections to Objections. 1. Admitted. 2. Denied. The Sheriff of Cumberland County ARY through their counsel, ' Preliminary Pennsylvania served Defendants with original process on October 27, 2004. Moreover Plaintiff did not file an Affidavit of Service confirming that she had effectuated service o? her Writ of Summons until October 5, 2005. (See docket entries attached hereto as 3. Admitted. 4. Admitted. "A" ATTEST OCf 2 0 2006 PUMA 5-11. Admitted in part; denied in part. Defendants 1026(a) of the Pennsylvania Rules of Civil Procedure, filed within twenty days after service of the complaint. received no extension of time to respond to Plaintiff's not file her Affidavit of Service confirming that she had Defendants until October 5, 2005. Without valid service, jurisdiction over defendants and is powerless to enter judgment v. Lee's Cleaning Services. Inc., 700 A.2d 915 (Pa. 1997). states that all preliminary objections must be raised at one time. preliminary objections before Plaintiff filed her Affidavit of consented to the jurisdiction of this Court and waived any process. Accordingly, Defendants submit that they had no Plaintiff s Complaint until October 5, 2005, and that they in a timely manner thereafter. Moreover, Pa.R.C.P. 1026(a) is permissive, not Creek Condominiums, 602 A.2d 864 (Pa.Super. 1992); citing (Pa. 1951). In the absence of prejudice to the opposing party and Pennsylvania courts may permit the late filing of a pleading. 204, 207 (Pa.Super. 1986). Nowhere in her Preliminary Preliminary Objections has Plaintiff alleged that the alleged caused her any prejudice whatsoever. In the absence of any should overrule her objections and issue a decision on it that, pursuant to Rule iary objections must be nts also admit that they However, Plaintiff did ted proper service upon is Court lacks personal iinst them. Cintas Corp. nally, Pa.R.C.P. 1028(b) ad Defendants filed their rvice, they would have objections to service of bligation to respond to to Plaintiffs Complaint ry. Ambrose v. Cross ier v. Hill, 81 A.2d 860 vhere justice so requires, is v. McCord, 511 A.2d ections to Defendants' iy in responding to her ce to Plaintiff, this Court Preliminary Objections on their merits. See A.2d 1323 (Pa.Cmwlth. 1987) (three day delay in filing PO not substantive rights); Goldsboroughh v. City of Philadelphia, 455 A. (four day delay in filing preliminary objections did not requ prejudice to plaintiff). WHEREFORE, Defendants respectfully request that Objections to Defendants' Preliminary Objections be overruled. Respectfully subn WOLF, RUBINA Attorney for De Antoinette Stepl General Services, 518 irejudicial to plaintiffs d 643 (Pa.Super. 1983) •e dismissal where no Plaintiffs Preliminary HASSON kll?x ti , ESQUIRE Kenneth Stepp DATED: WOLF, RUBINATE & HASSON BY: JAMES A. GODIN, ESQUIRE Attorney for efendants ATTORNEY I.D. NO.: 65914 Antoinette St epp and Suite 500 - Public Ledger Building Kenneth Ste p 150 South Independence Mall West Philadelphia, PA 19106 (215) 627-3087 PAULETTE ODRICK COURT OF OMMON PLEAS OF PHILAD LPHIA COUNTY VS. ANTOINETTE STEPP and OCTOBER' ERM 2004 KENNETH STEPP NO. 2161 MEMORANDUM OF LAW IN OPPOSITI(? TO PLAINTIFF'S PRELIMINARY OBJECTIONS 1. MATTER BEFORE THE COURT Plaintiff's Preliminary Objections to Defendants' Preliminary Objections to Plaintiff's Complaint II. STATEMENT OF THE QUESTION INVOLVED Should Defendants' Preliminary Objections be stricken p suant to Rule 1026(a) of the Pennsylvania Rules of Civil Procedure? III. FACTS This action arises from a motor vehicle accident that occurred on or about October 17, 2002. Plaintiff instituted this litigation via Writ of S ons on October 18, 2004. After having a judgment of non pros entered against her ar?d having that judgment lifted, Plaintiff finally filed her Complaint against Defendants on [August 23, 2005. (See docket entries attached hereto as Exhibit "A"). However, Plaintiff did not file an Affidavit of Service confirming that she had served Defendants with original process until October 5, 2005. (See Exhibit "A"). On October 13, 2005, i eight days after Plaintiff confirmed that she had properly effectuated service of her Writ, Defendants filed Preliminary Objections to Plaintiffs Complaint based upon improper venue. (See Exhibit "A"). IV. ARGUMENT A. Plaintiff's Preliminary Objections should be Defendants acknowledge that Plaintiff forwarded a copy of her Complaint to them on or about August 24, 2005. Defendants further admit Pennsylvania Rules of Civil Procedure requires preliminary twenty days after service of the complaint. However, as not file her Affidavit of Service confirming that she had process upon Defendants until October 5, 2005. Without valid personal jurisdiction over defendants and is powerless to enter Cintas Corp. v. Lee's Cleaning Services. Inc., 700 A.2d 915 Pa.R.C.P. 1028(b) states that all preliminary objections must be Defendants filed their Preliminary Objections before Service, they would have consented to the jurisdiction of this possible objection based upon improper service of process. submit that they had no obligation to respond to Plaintiff's 2005, and that they filed their Preliminary Objections in a timely i Rule 1026(a) of the tions to be filed within ed above, Plaintiff did sated proper service of ,rvice, this Court lacks udgment against them. . 1997). Additionally, used atone time. Had filed her Affidavit of Court and waived any cordingly, Defendants plaint until October 5, anner thereafter. Moreover, Pa.R.C.P. 1026(a) is permissive, not mar Creek Condominiums, 602 A.2d 864 (Pa.Super. 1992); citing (Pa. 1951). In the absence of prejudice to the opposing party and Pennsylvania courts may permit the late filing of a pleading. 204, 207 (Pa.Super. 1986). Nowhere in her Preliminary Preliminary Objections has Plaintiff alleged that the alleged Complaint has caused her any prejudice whatsoever. In the Plaintiff, this Court should overrule her objections and issue a Preliminary Objections on their merits. See General Services, 518 A.2d 1323 (Pa.Cmwlth. 1987) (three prejudicial to plaintiff's substantive rights); A.2d 643 (Pa.Super. 1983) (four day delay in filing preliminary c dismissal where no prejudice to plaintiff). V. RELIEF For the aforementioned reasons, Defendants Preliminary Objections to their Preliminary Objections be WOLF, Attorney for De: Antoinette Step, y. Ambrose v. Cross er v. Hill, 81 A.2d 860 here justice so requires, s v. McCord, 511 A.2d ,ctions to Defendants' y in responding to her ice of any prejudice to ecision of Defendants' Inc. v. Department of delay in filing PO not v of Philadelphia, 455 jections did not require request that Plaintiffs HASSON ESQUIRE Kenneth Stepp EXHIBIT "A" Civii Docket Report - Not an Official Document Case Description Case ID: 041002161 Case Caption: ODRICK VS ANTIONETTE ETAL Filing Date: Monday, October 18th, 2004 Court: AR - ARBITRATION Location: AC - ARBITRATION CENTER Jury: N - NON JURY Case Type: 2V - MOTOR VEHICLE ACCIDENT Status: CLAHS -ARBITRATION HEARING SCHEDULED Related Cases No related cases were found. Case Event Schedule Event DatelTime Room Location Judge SCHEDULED FOR ARB HEARING 28-DEC-2005 10:30 AM ARBITRATION CENTER 1 80 JFK Blvd., 5th unassigned loor Case Parties 1 Seq # Assoc Expn Date Type ID Name f I F ' 1 12-JUL-2005 ATTORNEY FOR A58948 HUBER, ROBERT I .. PLAINTIFF A Address: ETKIN AND HUBER Aliases: none 4961 OXFORD AVENUE PHILADELPHIA PA 19124 (215)535-2009 1 2I 511 I PLAINTIFF @5082589 PAULET, G Page 1 of 6 Address: 11 6201 N 10TH ST Aliases: one PHILADELPHIA PA 19141 11 111n I 311 6 DEFENDANT STEPP, ANTIONETTE Address: 115215 STUART DR Aliases: http://fjjdweb2.phila.gov/f d/zk_f dpubliq_qry_03.zp_dktrpt_docket_report?case1id=041002161 10/19/2005 Civil Docket Report - Not an Official Document Page 2 of 6 MECHANICSBURG PA 17055 4 6 DEFENDANT @5082594 STEPP, KENNETH Address: 5215 STUART DR Aliases: none ! i MECHANICSBURG PA 17055 ' 5 ATTORNEY FOR A34813 WILSON, RHONDA PLAINTIFF H Address: RHONDA HILL WILSON, PC Aliases: none STE 1050 TWO PENN CENTER PLAZA 1500 JOHN F. KENNEDY BLVD PHILADELPHIA PA 19102 (215)972-0400 6 ATTORNEY FOR A35671 WOLF, DAVID S DEFENDANT ;Address: 500 PUBLIC LEDGER BLDG. Aliases: none 150 S. INDEPENDENCE MALL WEST PHILADELPHIA PA 19106- 3476 (215)627-3087 Docket Entries Filing Date/Time Docket Type Filing Party Disposition Amount 18-OCT-2004 CIVIL - COMMENCEMENT OF CIVIL HUBER, ROE ERT A 09:51 AM ACTION Docket Entry: none. 18-OCT-2004 WRSUM - PRAE TO ISSUE WRIT OF H 09:51 AM SUMMONS Docket Entry: PRAECIPE TO ISSUE WRIT OF SUMMONS FILED. W RIT OF SUMMONS ISSUED. http://fjdweb2.phila.gov/fjd/zk fjd_public_gry_03.zp_dktrpt_docket_report?case id=041002161 10/19/2005 Civil Docket Report - Not an Official Document .1 1 Page 3 of 6 18-OCT-2004' SSCG2 - SHERIFF'S SURCHARGE 7 HUBER, ROB ERT A 09:51 AM DEFTS Docket Entry: none. 18-OCT-2004 ACTIV - ACTIVE CASE 03:47 PM Docket Entry: none. I 25-OCT-2004 CLAHS - ARBITRATION HEARING 1 09:53 AM SCHEDULED D Entry: none. 09-JUN-2005 NPCRT - CERTIFICATION/NON- 03:29 PM APPEARANCE CERTIFICATION OF NON APPEARANCE OF ALL PA RTIES - ALL PARTIES HAVING FAILED TO APPEAR FOR AN ARBITRATION HEARIN G SCHEDULED OF RECORD, Docket THE WITHIN CASE SHALL BE HEARD BEFORE A JU GE OF THE COURT Entry: PURSUANT TO Pa.R.C.P. 1303(b)(2), AND Phila.Civ. . 1303(a), WITHOUT THE ABSENT PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE. 09-JUN-2005 CLFCP - FILE COPY PRINTED 03:29 PM Docket Entry: none. 17-JUN-2005 JDCNP - JUDGMENT COURT CARRAFIEL O, 01:43 PM ORDER/NON PROS MATTHEW D AND NOW, IT APPEARING THAT ALL PARTIES HAVI G FAILED TO APPEAR FOR AN ARBITRATION HEARING SCHEDULED OF RECD D, A JUDGMENT OF NON- Docket PROS IS HEREBY ENTERED IN ACCORDANCE WITH Pa.R.C.P. 1303(b)(2), AND Entry: Phila.Civ.R. 1303(a). REQUEST FOR RELIEF FROM T IS JUDGMENT OF NON- PROS MUST COMPLY WITH Pa.R.C.P. 3051....BY T E COURT: CARRAFIELLO, J. 06/16/05 NOTICE GIVEN UNDER RULE 236. http://fjjdweb2.phila.gov/fjd/zk_fjd_public_gry_03.zp_dktipt_docket_report?case id=041002161 10/19/2005 Civil Docket Report - Not an Official Document Page 4 of 6 07-JUL=2005 ' 10:27 AM PTOJD - PETITION TO OPEN JUDGMENT [66RICK, PA LETTE G Docket Entry: 20-05070320 RESPONSE DATE: 07/27/05 07-JUL-2005 03:06 PM ENAPP - ENTRY OF APPEARANCE FILED WILSON, RH NDA H Docket Entry: ENTRY OF APPEARANCE OF RHONDA H WILSON F PAULETTE ODRICK ILED ON BEHALF OF DFT 12-JUL-2005 10:14 AM WTAPO - WITHDRAWAL OF APPEARANCE Docket Entry: WITHDRAW OF APPEARANCE OF ROBERT A. HUB E PLAINTIFF RHONDA H. WILSON REMAINS AS COUN R ESQ. ON BEHALF OF SEL FOR PLAINTIFF. 29-JUL-2005 10:26 AM MTASN - MOTION ASSIGNED 1 1 = Docket Entry: 20-05070320 PETITION TO OPEN JUDGMENT ASST 8-1-05. NED TO JUDGE GLAZER ON i 01-AUG-2005 02:02 PM ORDER - ORDER ENTERED/236 NOTICE GIVEN GLAZER, GA RY S Docket Entry: 20-05070320 AND NOW, THIS 1ST DAY OF AUGUST OF PLAINTIFFS' PETITION FOR RELIEF FROM JUD ANY RESPONSE THERETO, IT IS HEREBY ORDERE PETITION IS GRANTED. IT IS FURTHER ORDERED PROS IN THIS MATTER IS STRICKEN. THE PROTH OPEN THE MATTER....BY THE COURT: GLAZER, J. 2005, UPON CONSIDERATION MENT OF NON PROS, AND AND DECREED THAT SAID HAT THE JUDGMENT OF NON NOTARY IS DIRECTED TO RE- -1-05 01-AUG-2005 02:18 PM CLWAR -WAITING TO LIST ARBITRATION 1 E F Docket Entry: none. 18-AUG-2005 11:18 AM CLAHS - ARBITRATION HEARING SCHEDULED http://fjjdweb2.phila.gov/fjd/zk_fjd_public_gry_03.zp_dktrpt_docket_report?case id=041002161 10/19/2005 Civil Docket Report - Not an Official Document Page 5 of 6 Docket Entry:, none. 20-AUG-2005 12:01 AM CLNGV - NOTICE GIVEN Docket Entry: none. 23-AUG-2005 11:29 AM CMPLT - COMPLAINT FILED NOTICE GIVEN WILSON, RH NDA H Docket Entry: COMPLAINT WITH NOTICE TO DEFEND WITHIN TW SERVICE IN ACCORDANCE WITH RULE 1018.1 FILE ENTY (20) DAYS AFTER D. 05-OCT-2005 11:27 AM SHSRV - SHERIFF'S SERVICE 1 1 Docket Entry: DEPUTIZED SERVICE OF SUMMONS UPON ANTOI STEPP BY SHERIFF OF CUMBERLAND COUNTY O ETTE STEPP AND KENNETH 27-OCT-05. 05-OCT-2005 01:57 PM CLETC - EVENT TIME CHANGE GRANTED Docket Entry: none. 05-OCT-2005 01:57 PM CLAHS - ARBITRATION HEARING SCHEDULED Docket Entry: none. 06-OCT-2005 01:57 PM ENAPP - ENTRY OF APPEARANCE FILED WOLF, DAVID S Docket Entry: ENTRY OF APPEARANCE OF DAVID S. WOLF, ESQ. ANTOINETTE STEPP AND KENNETH STEPP FILED ON BEHALF OF DFTS 07-OCT-2005 12:01 AM CLNGV - NOTICE GIVEN T I Docket none. http://fjdweb2.phila.gov/fjjd/zk_fjd_public_gry_03.zp_dktrpt_docket_report?case id=041002161 10/19/2005 Civil Docket Report - Not an Official Document Page 6 of 6 Entry: IL 11-OCT-2005 12:01 AM CLNGV - NOTICE GIVEN Docket Entry: none. 11-OCT-2005 02:54 PM CLCDG - CONTINUANCE BY DFT GRANTED Docket Entry: none. 11-OCT-2005 02:55 PM CLAHS - ARBITRATION HEARING SCHEDULED Docket Entry: none. 13-OCT-2005 12:01 AM CLNGV - NOTICE GIVEN Docket Entry: none. 13-OCT-2005 01:45 PM PROBJ - PRELIMINARY OBJECTIONS FILED GODIN, JAM ES A Docket Entry: PRELIMINARY OBJECTIONS TO PLAINTIFF(S) COMP DEFENDANTS ANTOINETTE STEPP AND KENNETH LAINT FILED BY TEPP. 14-OCT-2005 03:42 PM DPROB - MOTION TO DETERMINE P.O. FILED Docket Entry: 66-05100966 RESPONSE DATE 11/2/05 (FILED BY A KENNETH STEPP) TOINETTE STEPP AND 17-OCT-2005 02:57 PM PROBJ -PRELIMINARY OBJECTIONS 11 FILED WILSON, RH NDA H Docket Entry: PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFEN OBJECTIONS, FILED. DANTS PRELIMINARY http://fjdweb2.phila.gov/fjjd/zk_fjjd_public_gry_03.zp_dktrpt_docket_report?caseid=041002161 10/19/2005 VERIFICATION James A. Godin, Esquire states that he is the attorney for the and Kenneth Stepp, in this action and the facts set forth in the for Response to Defendant's Preliminary Objections are true and correct information and belief, and that this statement is made subject to the relating to unworn falsification to authorities. WOLF, BY: James A. Go Attorney for RE! Paulette Odrick v. Antoinette Stepp and Kenneth Stepp Antoinette Stepp Response to Plaintiffs the best of his knowledge, of 18 Pa. C.S. 4904 AND HASSON .. I% David S. Wolf, Esquire Identification No. 35671 By: James A. Godin, Esquire Identification No. 65914 ATTORN. Suite 500 - Public Ledger Building 150 South Independence Mall West Antoinette Philadelphia, Pa. 19106 (215) 627-3087 FOR DEFENDANT(S): PAULETTE ODRICK COURT Plaintiff PHTT.AF VS. ANTOINETTE STEPP, and KENNETH STEPP, NO. COMMON PLEAS 'HIA COUNTY Defendants CERTIFICATE OF SERVICE I do hereby certify that service of a true and correct copy of the 20th day of October, 2005, to the counsel named below, by United Rhonda Hill Wilson, Esquire Two Penn Center Plaza, Suite 1050 1500 JFK Boulevard Philadelphia, PA 19102 WOLF, RUI BY: I JAttorney for I Motion was made on Mail, postage prepaid. AND HASSON LAW OFFICES OF RHONDA HILL WILSON, P.C. SUITE 1050 TWO PENN CENTER PLAZA 1500 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PENNSYLVANIA 19102 RHONDA HILL WILSON hEMBER PA, N.J. E OHIO BARS October 21, 2005 Prothonotary Philadelphia County Court of Common Pleas City Hall, Room. 278 Philadelphia, PA 19107 Re: Odrick v. Stepp, et al, Phila, CCP, October Term, Dear Sir or Madam: (215) 972-0400 FAX (215) 972-6756 EMAIL rhwilson®philly-attorney.com No. 2161 Please be advised that the Docket entry of October 5, 2005, S eriff s Service is incorrect. It should state that service was achieved on October 27, 2004 (not 20 5). Enclosed please find one original and one copy of the Amended Affidavit of Service. Kind y file same and return one time stamped copy to my office in the enclosed, self addressed, stamp d envelope. Thank you for your attention in this matter. Ve?t truly yours, Rhonda Hill Wilson RHW/mlf Enclosure cc: James Godin, Esquire (w/encl.) Law Offices of Rhonda Hill Wilson, P. C. BY.- Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza 0 Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney, (215) 972-0400 Paulette 1 Plaintiff, PAULETTE ODRICK COURT vs. ANTOINETTE STEPP and KENNETH STEPP NO. COMMON PLE 'HIA COUNTY TERM, 2004 AMENDED AFFIDAVIT OF I, Rhonda Hill Wilson, Esquire, being properly sworn depose and say that: 1. I am over 21 years of age. 2. On October 27, 2004, Cpl. Timothy Reitz, Cumberland County, Pennsylvania, served an attested copy this matter upon the defendants, Antoinette Stepp and manner: (a) Upon defendant, Antoinette Stepp, by thereof to defendant at approximately 12:00 p.m. at 5215 PA 17055. Sworn to and subscrib d before me this I S?day of n o e , 2005. 'Notary Public NOTARIAL SEAL, Melissa L. Po,bes, Notary Public City of Phila., Philadeiphia County My commission expire,, Scrytember 24, 2006 Rhonda Hill to law, hereby or Deputy Sheriff of Writ of Summons in Stepp, in the following handing a copy Drive. Mechanicsburg, Esquire cc 0 r c? c c-c Law Offices of Rhonda Hill Wilson, P. C. BY.- Rhonda Hill Wilson, Esquire ZD. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney; (215) 972-0400 Paulette I Plaintiff, PAULETTE ODRICK COURT VS. ANTOINETTE STEPP and KENNETH STEPP NO. 2 AMENDED AFFIDAVIT OF I, Rhonda Hill Wilson, Esquire, being properly sworn depose and say that: 1. I am over 21 years of age. 2. On October 27, 2004, Cpl. Timothy Reitz, Cumberland County, Pennsylvania, served an attested copy this matter upon the defendants, Antoinette Stepp and Kennc VLF-0T manner: ?CZ ? 4 Zo?S D 8(a4 .).&pon defendant, Antoinette Stepp, by thereof to defendant at approximately 12:00 p.m. at 5215 Stt PA 17055. Sworn to and subscrib d before me this a 5;f-day of nr . bn , 2005. Rhonda Hill `Notary Public p? NOTARIAL SEAL, Melissa L. ro-bes, N+aary Public City ofPHU- Yhiladcl;,t,i? county My commission expires Septembcr 24, 2066 COMMON PLEAS ?HIA COUNTY TERM, 2004 to law, hereby or Deputy Sheriff of Writ of Summons in Stepp, in the following handing a copy Drive. Mechanicsburg, Esquire a PHILADELPHIA COURT OF COMMON PLEAS PETITION/MOTION COVER SHEET FORCO URTUSEONLY ASSIGNED TO IUDGE: ANSWER/RESPONSE DATE: ??---+ Do not send Judge courtesy copy of Petition/Motion/Answer/Response. Status may he ohiained online at hitp:llcourts.phila.gov Paulette NUMBER: 101217 NUMBER PN ALL FILINGS) THIS October Term, 2004 onth Year Na 2161 RMD Name of ?v Paulette V8. OCT 8 b 2005 (ChecA Antoinette Stepp and Kenneth Stepp (ChecA INDICATENATUPEOFDOCUMENTF 1,ED: Cfmn! l? ?tion been Is another peHtlon mo ion pend ? Petition (Attach Rule to Show Cause) ? Motion If the answer to either question is ye ? Answer to Petition "? Response to Motion Judge Glazer TYPE OF PETITION/MOTION (see list on reverse side) Plaintiffs Response co Defendants' Response to Plaintiffs Preliminary Objections to Defendants' Preliminary Object ions PETITION/MOTION CODE (see list on reverse side) DPROB 1. CASE PROGRAM II. PARTIES Is this case in the (answer all questions): (Name, address and telepho ne number of all counsel of record and unrepresented parties. Attac h a stamped addressed envelope for each A. COMMERCE PROGRAM attorney of tecetd and unne esented party.) Name of Judicial Team Leader: Rhonda Hill Wilson, Esquire Applicable Petition/Motion Deadline: 1500 J.F.K. Blvd., S ite 1050 Has deadline been previously extended by the Court? ? Yes ? No Philadelphia, PA 191 02 B. DAY FORWARDIMAJOR JURY PROGRAM - Year - 215-972-0400 Name of Judicial Team Leader: Applicable PetitionfMotion Deadline: James Godln, Esqulr Has deadline been previously extended by the Court? Wolf, Rubinate & H san ? Yea ? No Public Ledger Buildi g, 6th and Chestnut Streets C. NON JURY PROGRAM 150 South Independ nce Mall West, Suite 500 Date Listed: Philadelphia, PA 191 06 D. ARBITRATION PROGRAM 215-627-3087 Arbitration Date: December 28, 2005 E. ARBITRATION APPEAL PROGRAM Date Listed: F. OTHER PROGRAM: Date Listed: _ Ill. OTHER By filing this document and signing below, the moving party certifies that this motion, petition, answ will be served upon all counsel and unrepresented parties as required by rules of Court (see PA. R.C.P. 2 moving party verifies that the answers made herein are true and correct and understands that sanctions answer /Q 0,6- Rhonda (Attorney Signature/Unrepresented Party) (Date) (Print Nan The Petition, Motion and Answer or Response, if any, will be forwardedto the Court aftertl No extension of the Answer/Response Date will be granted even ifthe parties so stipulate. 30-1051 (Rev. 4/04) Party: me) L:1 Plaintiff LJ Defendant me) ? Movant EI Respondent ecided in this case? EI Yes ? No g? ? Yes ? No you must identify the judge(s): or response along with all documents filed, .6, Note to 208.2(a), and 440). Furthermore, iay be imposed for inaccurate or incomplete 34813 (Attorney I.D. No.) Date. ,Law Offices of Rhonda Hill Wilson, P. C. BY.- Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F Kennedy Boulevard Philadelphia, PA 19102 (215) 972-0400 Attorney?r Plaintiff, Paulette drick PAULETTE ODRICK COURT F COMMON PLEAS PHILADE LPHIA COUNTY VS. ANTOINETTE STEPP OCTOBE R TERM, 2004 and NO. 21 1 KENNETH STEPP ORDER AND NOW, this day of the Plaintiff's Preliminary Objections to the Preliminary Objec response thereto, it is hereby ORDERED and DECREED Objections are SUSTAINED and Defendants' Preliminary Obj prejudice. , upon consideration of of Defendants, and any Plaintiff's Preliminary s are DISMISSED with J. Law Offices of Rhonda Hill Wilson, P. C. BY: Rhonda Hill Wilson, Esquire I.D. #34813 Two Penn Center Plaza - Suite 1050 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney (215) 972-0400 Paulette Plaintiff, PAULETTE ODRICK COURT VS. ANTOINETTE STEPP and NO. 2 KENNETH STEPP PLAINTIFF'S RESPONSE TO DEFENDANTS'] PRELIMINARY OBJECTIONS TO Pennsylvania Rule of Civil Procedure 1026(a) must be filed within twenty days after service of the preliminary objections be filed within twenty days of service, filing of the Affidavit of Service. Pennsylvania Rule of relevant part: Rule 400.1. Provisions for all Courts of the First Judicial (a) In an action commenced in the First Judicial District, be served (1) within the county by the sheriff or a competent adu (2) in any other county by deputized service as provided a competent adult forwarding the process to the sheriff service may be made. Valid service of the Writ of Summons was achieved on COMMON PLEAS ?HIA COUNTY TERM, 2004 TO PLAINTIFF'S that preliminary objections This rule requires that within twenty days of the Procedure 400.1 states in may t, or by Rule 400(d) or by of the county where 27, 2004. The Plaintiff's Complaint was mailed on August 24, 2005. In Pennsylvanian there is a presumption that when an item is mailed it is received. In A.2d 1131,1135 (Pa. Super 2003), the court stated: ...proof of a mailing raises a rebuttable presumption that the mailed item was received. Furthermore, the presumption under the ailbox rule is not nullified solely by testimony denying receipt of the ite mailed. Defendants' Preliminary Objections were not filed until In addition, Defendants stated that "Had Defendant before Plaintiff filed her Affidavit of Service, they would have of this Court and waived any possible objections to effectuated on October 27, 2004 and the complaint was 2005. Jurisdiction of the court was thereby established. Any jurisdictional defects should have been timely In McCullough v. Clark, et al, 784 A.2d 156 (Pa. Super 2001), a Praecipe for Rule to File a Complaint is filed by Defendants, by the court's personal jurisdiction Finally, Plaintiff will be prejudiced if Defendants' because granting of Defendants' preliminary objections 13, 2005. 828 preliminary objections to the jurisdiction of process." Service was Defendants in August and filed by the Defendants. court concluded that when Defendants are then bound are granted lead to the dismissal Plaintiffs claim in this court, and Plaintiff would not longer ) e able to bring her cause of action in another jurisdiction because the statute has run. WHEREFORE, Plaintiff respectfully requests Objections be dismissed with prejudice. By: M..6' Rhonda Hill Attorney for Defendants' Preliminary Esquire VERIFICATION I, Rhonda Hill Wilson, hereby state that I am the verify that the statements made in the forgoing pleading are true knowledge, information and belief The undersigned are made subject to the penalties of 18 Pa.C.S. Section falsifications to authorities. DATE: /f7&( b /aL6vJLL{A. RHONDA HILL for the Plaintiff and correct to the best of my that the statements herein relating to unsworn ESQUIRE CERTIFICATE OF SERVICE I, Rhonda Hill Wilson, attorney for the Plaintiff, of Plaintiffs Response to Defendants' Response to Defendants' Preliminary Objections was served by United prepaid, to counsel and parties listed below on October 25, James Godin, Esquire Wolf, Rubinate & Hassan Public Ledger Building, 6' and Chest 150 South Independence Mall West, Philadelphia, PA 19106 By:, Rhonda Hill Attorney for that a true and correct copy Preliminary Objections to First Class mail, postage , addressed as follows: 500 Esquire PAULETTE ODRICK COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY Vs. ANTOINETTE STEPP and KENNETH STEPP OCTOBER? NO. 2161 2004 101Zl+ Ulf U0111Z AND NOW, this #''day o 200 , upon consideration of Plaintiff's Preliminary bject??s' y D dan r lim'Objections and .w T Defendants' Response thereto it i hereby ORDERE that Plaintiffs Preliminary Objections to Defendants' Preiminary Objections are OVERRU D. BY THE COURT: J. o 1 ?7M5 OF PA V 15 2005 &EMOMM PAULETTE ODRICK 6201 N. I Os' Street, Spt. 310 Philadelphia, PA 19141 vs. ANTIONETTE STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 and KENNETH STEPP 5215 Stuart Drive Mechanicsburg, PA 17055 COURT pF COMMON PLEAS CUMBERLAND COUNTY NO. Q? - 1 elUtl ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Paulette Odrick, the plaintiff in this action. V? Marc Arrigo, Esquire I.D. No. 39518 Marc Arrigo, Esquire 123 South Broad Street, Suite 1310 Philadelphia, PA 19109 WITHDRAWAL OF TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Paulette IOdrick, the plaintiff in this action. Rhonda Hill Wilson, Esc I.D. No. 34813 Law Offices of Rhonda 1 1500 J.F.K Blvd., Suite Philadelphia, PA 19102 Wilson, P.C. N O ? _h C- t 4. THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street 6th Floor FOS 999 Harrisburg, PA 17108-099E (717) 237-7154 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff NO.: 06-3217 Civil V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendants Antoinette Stepp and Kenneth Stepp in the above-referenced action. Date: 6//q /,0 Attorney for Defendants Antoinette Stepp and Kenneth Stepp 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 CERTIFICATE OF SERVICE I, Jessica M. Lewis, an employee of Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 THOMAS, THOMAS & HAFER, LLP Dated: jqjo? J ica M. Lewis 433904.1 i? - n n r ? (,, a3^ ?` T L? ?? I A a ' i r ? •:J? -t c? ?"? _i w THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff NO.: 06-3217 Civil V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: 1 d I o to W. Darren Powell, Esqul'? I.D. No. 68953 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 LLP THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes Defendants Antoinette Stepp and Kenneth Stepp, by and through their counsel, W. Darren Powell, Esquire and Thomas, Thomas and Hafer LLP, and files this Answer with New Matter, averring and stating as follows: 1. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of these averments and, therefore, at the same are denied with strict proof thereof demanded. 2. Admitted. 3. Admitted. 4. Denied. It is denied that on or about said date Defendant Kenneth Stepp was operating a vehicle owned by the Defendant Antoinette Stepp at or around said location. Defendant Kenneth Stepp owned the vehicle individually, not with Defendant Antoinette Stepp. COUNTI PAULETTE ODRICK V. ANTOINETTE STEPP 5. Paragraphs 1 through 4 above are incorporated herein by reference as though set forth fully herein. 6. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied. 7. Denied. The averments contained in paragraph 7 constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. The averments contained in paragraph 7 constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa. R.C.P. 1029(e). 9. Denied. The averments contained in paragraph 7 constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. The averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 11. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied. WHEREFORE, Answering Defendant Antoinette Stepp demands judgment be entered in her favor and against Plaintiff, with Plaintiff's Complaint being dismissed with prejudice. COUNT II PAULETTE ODRICK V. KENNETH STEPP 12. Paragraphs 1 through 11 above are incorporated herein by reference as though set forth at length. 13. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied. 14. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied. 15. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied. 16. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of these averments and, therefore, at the same are denied with strict proof thereof demanded. 17. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response thereto is necessary, the same are denied. WHEREFORE, Answering Defendant Kenneth Stepp demands judgment be entered in his favor and against Plaintiff, with Plaintiffs Complaint being dismissed with prejudice. NEW MATTER 18. Plaintiffs claims may be barred and/or diminished by the applicable Statute of Limitations. 19. Plaintiffs claims may be diminished and/or barred by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. Plaintiffs recoverable damages may be limited or precluded by her limited tort election. 21. Plaintiff has failed to state a claim upon which relief may be granted. 22. Plaintiffs claims may be barred and/or diminished based upon comparative and/or contributory negligence. Respectfully submitted, T omas, Thom & Hafer, Date: W. Darren owell, Riq?tw I.D. No. 68953 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 VERIFICATION I, Antoinette Stepp, hereby state and aver that I have read the foregoing Answer with New Matter, which has been drafted with the assistance of Defendant's counsel. Language in the foregoing pleading is that of counsel and not of the undersigned. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date n oine a Stepp VERIFICATION I, Kenneth Stepp, hereby state and aver that I have read the foregoing Answer with New Matter, which has been drafted with the assistance of Defendant's counsel. Language in the foregoing pleading is that of counsel and not of the undersigned. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 71HI /oG _A%;-r- Kenneth Stepp CERTIFICATE OF SERVICE AND NOW, this L"-day of 2006, I, Jessica M. Lewis, an employee of Thomas, Thomas & Hafer, LLP, hereby certify that I have this day served the within Answer with New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 (:-?j kz Po Date: -400? 7 ica M. Lewis LAW OFFICES OF JEROME TAYLOR BY: Marc Antony Arrigo, Esquire Identification No.: 39518 123 South Broad Street, Suite 1310 Attorney for Plaintiff Philadelphia, PA 19107 215-732-9300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK V, ANTOINETTE STEPP and KENNETH STEPP CIVIL ACTION - LAW NO: 06-3217 Civil REPLY OF PLAINTIFF TO NEW MATTER OF DEFENDANTS AND NOW, come(s) the plaintiffs), Paulette Odrick, by and through her attorney, Marc Antony Arrigo, Esquire, of the Law Offices of Jerome Taylor, and aver(s) as follows: 18.-22. Denied. The allegations of each of these paragraphs are denied because they contain conclusions of law to which no responsive pleading is required under the applicable Pennsylvania Rules of Civil Procedure, and therefore strict proof thereof is demanded at time of trial. WHEREFORE, plaintiff(s), Paulette Odrick, demand(s) judgment in their favor on the New Matter of Defendants, Antoinette Stepp and Kenneth Stepp. Date: July 25, 2006 Respectfully submitted: LAW OFFICES OF JEROME TAYLOR By:4^.- MARC ANTONY AR Fiq Attorney for Plaintiff(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss' Paulette Odrick, being duly sworn according to law, deposes and says that she is the above-named plaintiff and that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. PAULETTE J. DRICK Sworn to and Subscribed . Before Me This25 thDAY of July, 200,6. cry Public NOT SEAL Commission EXp Ta for Notary Public City of Pldledelphia, Philadelphia County Myrommission expires September 21, 2008 4 w LAW OFFICES OF JEROME TAYLOR BY: Marc Antony Arrigo, Esquire Identification No.: 39518 123 South Broad Street, Suite 1310 Attorney for Plaintiff Philadelphia, PA 19107 215-732-9300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK V. CIVIL ACTION - LAW NO: 06-3217 Civil ANTOINETTE STEPP and KENNETH STEPP CERTIFICATION OF SERVICE I, Marc Antony Arrigo, Esquire, hereby certify that on this date I served a true and correct copy of the enclosed Reply of Plaintiff(s) New Matter of Defendant to the counsel listed below by First Class United States Mail, postage prepaid: W. Darren Powell, Esquire THOMAS, THOMAS & HAFER, LLP P. O. Box 999 Harrisburg, PA 17108 Date: July 25, 2006 MARC ANTONY A Attorney for Plaintiffs) THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, V. ANTOINETTE STEPP AND KENNETH STEPP, NO.: 06-3217 Civil CIVIL ACTION - LAW Attorney for Antoinette Stepp and Kenneth Stepp JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009:22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objection to the subpoena has been made; and 3. The subpoena which will be served is identical to the subpoena which is attached to this certificate. Date: I 305 North Pront Street, Y.U. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff NO.: 06-3217 Civil V. CIVIL ACTION - LAW ANTOINETTE STEPP AND : KENNETH STEPP, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Allied Medical Associates, P.C., 225 West Lehigh Avenue, Second Floor, Philadelphia, PA 19133 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports treatment notes diagnostic studies writings, correspondence, etc., for treatment rendered on behalf of Paulette Odrick• d/o/b• 05/28/53. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: A 0 ?- DATE: Seal o the Court' Proth not Clerk, C' it Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff NO.: 06-3217 Civil V. CIVIL ACTION - LAW ANTOINETTE STEPP AND KENNETH STEPP, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Health Line Chiropractic, 200 West Champlost Avenue, Philadelphia, PA 19120 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports, treatment notes, diagnostic studies writings, correspondence, etc., for treatment rendered on behalf of Paulette Odrick• d/o/b: 05/28/53. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: 9-;7 L4 (o ' = Seal f the Court Prothonotarylei c, Ci 1 Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff NO.: 06-3217 Civil V. CIVIL ACTION - LAW ANTOINETTE STEPP AND KENNETH STEPP, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: State Farm Insurance Companies, One State Farm Drive, Concordville, PA 19339 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all claim records medical records reports, treatment notes, diagnostic studies writings correspondence disability forms photographs property damage estimates first party benefits pay-out sheets on behalf of Paulette Odrick• d/o/b: 5/28/53, policy number 30-4005-B15-38B. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY TIC COURT: j d ? F L ? DATE: ? Sea#othe Court Prot 9 onotary/erl , Civ' Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Albert Einstein Hospital, 5501 Old York Road, Philadelphia, PA 19141 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports treatment notes diagnostic studies writings, correspondence, etc., for treatment rendered on behalf of Paulette Odrick• d/o/b• 05/28/53. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: ?1 p4, I .266(- Sea] o the Court' 17108-0999 BY TH OURT: - I "I a, -4 94 Protho otar;6Cler Civ Division Deputy CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 THOMAS, THOMAS & HAFER, LLP Kate A. Wil lm, Paralegal Dated: 459299.1 ?? r_-? :: ?--> -?. -rt ..,,-i -. i ' l ?'r C.. ?? ;?3 y.- ?„' __ ,.. w CJ (.? ??I ? . f??1 _r .. r??' ^yy '.,l ?? THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants PAULETTE ODRICK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-3217 CIVIL ACTION - LAW ANTOINETTE STEPP and KENNETH STEPP Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL AND NOW, come Defendants by and through their attorneys, W. Darren Powell, Esquire and Thomas, Thomas & Hafer, LLP, and moves this Court for an Order directing Plaintiff to provide full and complete responses to discovery, and, in support thereof, avers and states as follows: 1. Plaintiff initiated this action to the above docket by the filing of a Complaint on or about August 23, 2005 in the Court of Common Pleas of Philadelphia County, Pennsylvania. 2. The case was transferred to the Court of Common Pleas of Cumberland County, Pennsylvania on December 12, 2005. 3. Defendants filed their Answer with New Matter on July 24, 2006. 4. Defendants served Plaintiff with Interrogatories and Requests for Production of Documents on August 23, 2006. A true and correct copy of said discovery is attached hereto and marked respectfully as Exhibits "A" and "B." 5. Pursuant to Pa.R.C.P. 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, within thirty (30) days of service of the interrogatories. 6. Pursuant Pa.R.C.P. 4009.12, the party upon whom a request of documents is made shall serve an answer to such requests within thirty (30) days of service. 7. The thirty (30) days have expired since Defendants served the above- referenced discovery and Plaintiff has failed to provide any response to the same. 8. By letters of January 2, 2007 and January 25, 2007, counsel for Defendants requested the Plaintiff provide the overdue discovery. 9. As of this date, Defendants have yet to receive any response or answer to the outstanding discovery. 10. As Plaintiff has failed to respond in accordance with the Rules of Civil Procedure, it is respectfully requested that this Court issue an order directing Plaintiff to provide full and complete answers to the outstanding Interrogatories and Requests for Production of Documents or be precluded from introducing any such evidence at the arbitration or trial of the suit. 11. Defendants are prejudiced by Plaintiff's refusal to provide discovery responses, as it has been precluded from ascertaining the nature of Plaintiff's defenses and/or gaining the necessary investigative materials to further the course of the instant litigation. 2 WHEREFORE, it is respectfully requested that this Court issue an order directing Plaintiff to provide full and complete answers to the outstanding Interrogatories and Requests for Production of Documents, or be precluded from offering such evidence or testimony at the arbitration or trial of this case and/or otherwise suffer sanctions. Respectfully submitted, Dated: ,31t 3/67 THOMAS, THCMkAS & HAF Wren Powell, s I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 3 CERTIFICATE OF SERVICE AND NOW, this r day of , 2007, I, Kate A. Wilhelm a paralegal of the law firm of Thomas, Thomas and Hafer, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 THOM S HO S FER, LLP Kate A. Wilhelm, Paralegal Exhib;* A THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS ADDRESSED TO PLAINTIFF PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. DEFINITIONS ANI INSTRUCTIONS A. "DOCUMENT"- writings or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. 6. "IDENTIFY" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual, present or last known home address; each of his or her employers titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the word "identify" shall mean to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication or which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in the communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identify and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a supplemental Answer on the undersigned. OMAS, THllP,,*&-& HAEER,XLP W. Darr elt; Lst I.D. Number. 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendants f ? 3 0 Date. I . Please state your full name, present address, date of birth, marital status and social security number. ANSWER. 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff in this case. ANSWER. 3. List the names and addresses of any and all persons known or believed by plaintiff or anyone acting on Plaintiffs behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: 4. Do you have any documents such as writings, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to whom has custody over the writing and/or document. ANSWER: 5. State in detail the nature of the injuries that you allege have been suffered. as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 6. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: 7. Have you fully recovered from any of your injuries, and if so, state the approximate date of recovery. If you have not recovered from any of your injuries, state those injuries from which you have not recovered, and in what respect you have not fully recovered. ANSWER: 8. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 9. Set forth the specific acts of negligence (either omission or commission) that you contend were committed by each Defendant. ANSWER: 10. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: 11. Please identify each document, which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: 12. With respect to each expert witness you intend to call at the trial of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; c. a summary of the grounds for each such expert opinion. ANSWER: 13. Please state the names, addresses, and telephone numbers of any and all witnesses, including expert, fact, rebuttal and liability witnesses, which you intend to call at the time of the trial of this matter. ANSWER: 14. State the names and addresses of all hospitals, doctors, therapists, etc. who have examined you or treated you because of this accident. ANSWER: 15. Are you claiming loss of earnings due to this accident? If so, please state the following: a. the amount of such loss; b. the nature of your employment immediately prior to the accident; C. the name and address of your employer immediately before the accident and if you are still employed by them; if not, state the date and reason why you left; d. the dates you were absence from your employment because of the injuries sustained in this accident; and e. whether you were paid by the year, month, week, day, hour or otherwise and at what rate you were paid. ANSWER: 16. Do you claim that you sustained other financial loss as a result of the accident other than those covered by the preceding Interrogatories. If so, please state in detail the nature of the additional losses. ANSWER: 17, Prior to this incident, did you ever suffer any injury, sickness or disease involving any part or function of the body alleged in this suit to have been injured? If so, please state the following: a. when you suffered such injury, sickness or disease; b. if you have fully recovered from the prior injury, sickness or disease; and c. the names and address of all physicians who treated you for any previous injury, sickness or disease. ANSWER; 18. List all physicians, including complete names, addresses and practice, who have provided treatment to you in the past five (5) years. ANSWER; 19. Prior to the incident, have you treated with a psychiatrist or psychologist? If so, identify the name and address of such medical providers. ANSWER: 20. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number and the limits of first-party medical and income loss coverage on each said policy. ANSWER: 21. For each insurer identified in your response to the preceding Interrogatory for which you submitted a claim for first-party medical or income loss benefits, identify limits, amounts paid and amount of coverage remaining for medical and income loss. ANSWER: 22. Identify all sources of current household income since the accident, including amounts of such income. ANSWER: 23. If you are not currently employed, have you sought employment from since employment from since the accident? if so, describe in detail what steps have you have taken to obtain employment. ANSWER: 24. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number, tort option, and the limits of first-party medical and income loss coverage on each said policy. ANSWER: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 Dates: ?I2?IO THR,H, HO MAS HAFER, LLP . / J! K e A. Wilhe m, Paralegal Exhibl+ 13 THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, : Plaintiff V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF Pursuant to Pennsylvania Rule of Civil Procedure 4009.1, Defendants request that plaintiffs produce and permit Defendants to inspect and copy each of the documents specified below. The documents should be made available for inspection and copying during regular business hours at the offices of the Defendant's attorney, 305 North Front Street, Harrisburg, Pennsylvania, or at such other place as may be mutually agreeable to the parties, within thirty (30) days after the service of this request. The words "document" and "documents" as herein used include but are not limited to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original and any non-identical copy of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, speeches, telegrams, diaries, calendar or diary entries, schedules, maps, graphics, contracts, appraisals, studies, analyses, summaries, instructions, photographs, films, surveys, messages, correspondence, letters, tables, drawings, and including preliminary versions, drafts or revisions of any of the foregoing, as well as all other documents defined in Rule 4009. DOCUMENTS TO BE PRODUCED 1. All statements, including but not restricted to those defined by Pa. R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, or any other matter involved in or pertaining to this case. 2. A curriculum vitae as to each expert or experts you have retained to testify on your behalf at the trial of this case. 3. All documents prepared by you or by any representative(s), agent(s) or anyone acting on your behalf, except your attomey(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, rnicrofilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their Behalf.) 4. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 5. All documents relating in any way to all damages and losses sustained by plaintiff. This should include, but not be limited to all bills, receipts, reports, records, documents, etc. reflecting diagnosis or prognosis. 6. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 7. If not covered by the above-requests, any and all documents which evidence any facts on the basis of which it will be asserted that the Defendants caused or contributed to the happening of the damages sustained by the Plaintiff. 8. All documents which would support any claims for damages averred in Plaintiff's Complaint. 9. Copies of all reports from anyone who performed investigations and the results of those investigations conducted by Plaintiff, Plaintiff's counsel, anyone on Plaintiff's behalf or any other individual or organization. 10. Any documents identified in your Answers to any set of Interrogatories. 11. All records or other writings establishing Plaintiff's claim of financial loss, including copies of tax returns for the last three (3) years. MAS,INQM4S & HAFER, I.D. Number: 68953 305 North Front Street P.O. Sox 999 Harrisburg, PA 17101 (717) 237-7154 IL, Attorney for Defendants , ? ?io Dated: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 [Dated: S ( a31? ? THOMAS, THO AS & HAFER, LLP K to A. Wilhelm, Paralegal {^ 7 r ??y •-ry r fi7 M r THOMAS, THOMAS & HAFER, LLP W. Darren Powell, Esquire 1. D. No. 68953 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorneys for Defendants PAULETTE ODRICK, Plaintiff V. ANTOINETTE STEPP and KENNETH STEPP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3217 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDMENT TO DEFENDANTS' MOTION TO COMPEL AND NOW, come Defendants by and through their attorneys, W. Darren Powell, Esquire and Thomas, Thomas & Hafer, LLP, and hereby amends its Motion to Compel by adding the following paragraphs: 1. With regard to the concurrence, Attorney Arrigo, counsel for Plaintiff, concurs to the filing of the Motion to Compel, provided that Plaintiff is given twenty (20) days to file her discovery responses. 2. Since the case has been transferred to the Cumberland County Court of Common Pleas, no Judge has issued any rulings in the action. r WHEREFORE, it is respectfully requested that this Court issue an order directing Plaintiff to provide full and complete answers to the outstanding Interrogatories and Requests for Production of Documents within twenty (20) days, or be precluded from offering such evidence or testimony at the arbitration or trial of this case and/or otherwise suffer sanctions. Ily submitted, , THOMAS 4 HAFER, LLP Z' /"G?- c7 Dated . 491652.1 W. Darren Powell, Esc I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 2 CERTIFICATE OF SERVICE AND NOW, this / day of 2007, I y hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 THOMAS, THOMAS & HAFEIR 'C P m ie L. Berkheim ; THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 PAULETTE ODRICK Plaintiff V. ANTOINETTE STEPP and KENNETH STEPP Defendants MAR 81200Zr N' W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3217 CIVIL ACTION - LAW 11 IDV TOW rWKAAmnrn ORDER AND NOW, this 11?? day of 2007, upon careful consideration of the Motion to Compel filed by Defendants, said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff provide full and complete responses to Defendants' Interrogatories and Requests for Production of Documents, without objection, within 30 days of this Order, or suffer sanctions which may include preclusion of such evidence or dismissal of Plaintiff's suit. BY THE COURT: -"No, ? ? J. "'J 1` y THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, V. ANTOINETTE STEPP AND KENNETH STEPP, NO.: 06-3217 Civil CIVIL ACTION - LAW Attorney for Antoinette Stepp and Kenneth Stepp JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days in advance of this Certificate; 2. No objection to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. THOMAS, THOMAS & HAFE , LLP W. Darren Powell, Esquire y. I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Tip: Philadelphia Regional MRI, P.O. Box 8500-35653, Philadelphia, PA 19178 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports treatment notes, diagnostic studies, writings, correspondence etc for treatment rendered on behalf of Paulette Odrick; d/o/b: 05/28/53. at: Thomas, Thomas & Hafer, LLP. 305 N. Front St.._P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: x DATE: Seal of the Court Prot onotary/qe , C ' 1 Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Steven Linn, M.D., Henry Avenue and Cathe Streets, Philadelphia, PA 19019 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports treatment notes diagnostic studies writings correspondence etc for treatment rendered on behalf of Paulette Odrick; d/o/b: 05/28/53. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant DATE: /zr `. 3 D o? (X?, Seal of the Court BY THE COURT: Proth otary/Cl Cl Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. NO.: 06-3217 Civil CIVIL ACTION - LAW ANTOINETTE STEPP AND KENNETH STEPP, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Rhonda Haston, M.D., 5401 Old York Road, Suite 400, Philadelphia, PA 19141 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records reports treatment notes diagnostic studies writings, correspondence, etc., for treatment rendered on behalf of Paulette Odrick• d/o/b• 05/28/53. at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY TH COURT: DATE:_?Mg-,l J10 -2607 -- Seal of the Court T- Prot onotary , C it Division Deputy CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 THOMAS, THOMAS & HAFER, LLP Kate A. Wilhelm, Paralegal Dated: ?w 459299.2 -TI ! .V j THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 Corey J. Adamson, Esquire I.D. No. 204508 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorneys for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK V. ANTOINETTE STEPP AND KENNETH STEPP NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR SANCTIONS AGAINST THE PLAINTIFF FOR FAILURE TO PROVIDE FULL AND COMPLETE DISCOVERY RESPONSES PURSUANT TO PA R.C.P. 4019 AND COURT ORDER AND NOW, comes Defendants, Antoinette Stepp and Kenneth Stepp, by their attorneys, Thomas, Thomas & Hafer, LLP, and requests this Honorable Court to impose sanctions on Plaintiff and, in support thereof, aver as follows: 1. Plaintiff initiated this action to the above docket by the filing of a Complaint on or about August 23, 2005 in the Court of Common Pleas of Philadelphia County, Pennsylvania. 2. The case was transferred to the Court of Common Pleas of Cumberland County, Pennsylvania on December 12, 2005. 3. Defendants filed their Answer with New Matter on July 24, 2006. 4. Defendants served Plaintiff with Interrogatories and Requests for Production of Documents on August 23, 2006. A copy of the forwarding correspondence is attached hereto as Exhibit "A." 5. Pursuant to Pennsylvania Rules of Civil Procedure 4006 and 4009.12, the answering parry must serve a copy of their answers to discovery within thirty (30) days of service of the interrogatories and request for production of documents. 6. Following the above, and because discovery responses were not received timely, even after several reminder letters were forwarded to Plaintiff, Defendants filed a Motion to Compel the discovery responses of Plaintiff. 7. The aforementioned Motion to Compel discovery was granted by the Court on April 17, 2007. A copy of the Order entered by the Court is attached hereto as Exhibit "B." 8. The aforementioned Court Order compelled Plaintiff to serve full and complete responses to discovery within thirty (30) days of the date of the Order, thereby requiring answers to be served on or before May 17, 2007. 9. Over ninety (90) days have elapsed since the above Order yet Plaintiff has not provided responses to Interrogatories and Request for Production of Documents in the above-captioned case. 10. Plaintiff's failure to produce the requested physical evidence is in direct violation of the order of this Court dated April 17, 2007. 11. As of the date of this Motion, Plaintiff has not produced the requested evidence. 12. Attorney Arrigo, counsel for Plaintiff does not concur in the filing of this Motion for Sanctions. 2 . . . I 13. Since the case has been transferred to the Cumberland County Court of Common Pleas, Judge Ebert, Jr. issued the order granting Defendant's Motion to Compel. 14. Movants are prejudiced by Plaintiff's refusal to provide responses to Interrogatories and Request for Production of Documents, as they have been precluded from gaining the necessary investigative materials to further the course of the instant litigation and preparation of their defense. 15. Given Plaintiffs failure to comply with the Pennsylvania Rules of Civil Procedure and Order of Court, the Court should enter a Judgment of Non Pros against Plaintiff for the continued failure to answer significantly important discovery requests in this case, pursuant to Pa. R.C.P. 4019(c)(3). WHEREFORE, Defendants request that this Honorable Court enter a judgment of non-pros against the Plaintiff in this case. Respectfully submitted, THOMAS, THOMAS & HAFER, w arren r ev, tsquire ttorney I . No. 68953 C y 04. Adamson, Esquire 05 orth Front Street, P.O. Box 999 rrisburg, PA 17108-0999 (717) 237-7154 Date: 7- ?-Q 7 Attorneys for Defendants 508003.1 3 Thomas,Thomas & Hafer LLP ATTORNEYS AT LAW Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 August 23, 2006 Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 RE: Paulette Odrick v. Antoinette and Kenneth Stepp TT&H File No. 340-51823 Dear Attorney Arrigo: 'T?H www.tthlaw.com Kate A. Wilhelm (717) 237-7111 kwilhelm c?r tthlam. com Enclosed please Defendant's Interrogatories and Request for Production of Documents directed to Plaintiff. We look forward to receiving your responses within the next thirty (30) days. Thank you for your cooperation. Very truly yours, Thomas, Thomas and Hafer, LLP Kate Wilhelm, Paralegal KAW/:447108.2 Enclosures bcc: John Creswell, No 002885174-0003 (w/o enc) Bethlehem Office • 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 • Phone: (610) 868-1675 • Fax: (610) 868-1702 Pittsburgh Office • 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 • Phone: (412) 697-7403 4 Fax: (412) 697-7407 2 1 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 W. Darren Powell, Esquire dpowell@tthlaw.com Attorney I.D. 68953 717-237-7154 Attorneys for Defendants PAULETTE ODRICK Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3217 CIVIL ACTION - LAW ANTOINETTE STEPP and KENNETH STEPP Defendants JURY TRIAL DEMANDED ORDER AND NOW, this l? day of 2007, upon careful consideration of the Motion to Compel filed by Defendants, said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff provide full and complete responses to Defendants' Interrogatories and Requests for Production of Documents, without objection, within .gip days of this Order, or suffer sanctions which may include preclusion of such evidence or dismissal of Plaintiff's suit. BY THE COURT: ks/ -7?1 - 'e- ?4,4 , ?J J. QW s: of sale •'? 1 f dt.,*4 iu set my ® Csle, Pa- - • ?., ..rte _ /,! B CERTIFICATE OF SERVICE The undersigned hereby certifies that on this o? 7 ?h day 94-1 2007 a copy of Defendants' Motion for Sanctions was served via United States First Class Mail, postage prepaid upon the party listed below. Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 BY: Sherry Ha tein THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 Corey J. Adamson, Esquire I.D. No. 204508 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorneys for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK NO.: 06-3217 Civil V. CIVIL ACTION - LAW ANTOINETTE STEPP AND KENNETH STEPP JURY TRIAL DEMANDED BRIEF IN SUPPORT OF MOTION FOR SANCTIONS 1. STATEMENT OF THE FACTS This is a negligence action arising out of a motor vehicle accident on October 17, 2002 at or around 31St Street, 5t" Avenue, New York, New York. Plaintiff asserts that, as a result of the accident, she suffered injuries to her neck, back, ankle, and knees. On August 23, 2006, counsel for Defendants forwarded to Plaintiff's counsel Interrogatories and a Request for Production of Documents. Following the above, and because discovery responses were not received timely, even after several reminder letters were forwarded to Plaintiff, Defendants filed a Motion to Compel the discovery responses of Plaintiff. The aforementioned Motion to Compel was granted by the Court and your Honorable Court entered an Order Compelling Plaintiff to respond to discovery within thirty (30) days of April 17, 2007. Plaintiff has still not responded to Defendants' discovery requests after repeated reminders, and this Honorable Court's Order. In light of the Plaintiffs failure to provide opposing counsel with full and complete answers to Defendants' discovery requests and Plaintiffs failure to comply with Court Order dated April 17, 2007, the Defendants are now forced to file the instant Motion for Sanctions against the Plaintiff. II. QUESTION PRESENTED: SHOULD THE COURT ENTER SANCTIONS AGAINST THE PLAINTIFF AND ENTER NON PROS FOR THE PLAINTIFF'S REFUSAL TO COMPLY WITH A COURT ORDER DIRECTING THE PLAINTIFF TO ANSWER THE DEFENDANTS' DISCOVERY? Suggested Answer: In the Affirmative. III. ARGUMENT The sanctions which the Court may impose under Rule 4019 for failure to comply with discovery include: (1) Making an Order establishing as a fact any of the questions sought in the Discovery, (2) issuing an Order refusing to allow the disobedient Party to support or oppose designated claims or defenses or prohibiting the nonconforming Party from introducing into evidence designated things or testimony, (3) an Order striking out Pleadings or parts thereof, (4) an Order imposing punishment for contempt, and (5) any other sanction as the Court deems just. Pa. R.C.P. 4019(c)1-5. The decision to impose sanctions is within the discretion of the trial court. Poulos v. Commonwealth Department of Transportation -133 Pa. Commw. 322, 575 A.2d 967 (1989). When deciding whether to impose sanctions for a discovery violation, the Court must strike a balance between the procedural need to move the case to a prompt disposition 2 and the rights of the parties. Id. Defendants in this matter wish to move forward with this action but has been unable to do so due to the Plaintiff's failure to answer the requested discovery. Generally, sanctions for failure to respond to discovery requests are not imposed until after a party has refused to comply with a Court Order compelling such discovery. Dion v. Graduate Hospital of The University of Pennsylvania, 360 Pa.Super. 416, 520 A.2d 876 (1987). In this case, Plaintiff has refused to comply with such a Court Order. Pennsylvania Rule of Civil Procedure 4019 states, in pertinent part, as follows: (a) (1) The Court may, on Motion, make an appropriate Order if... (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. (c) The Court, when acting under subdivision (a) of this Rule may make: (2) an Order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony or from introducing evidence of physical or mental condition. (3) an Order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros... Pursuant to Pennsylvania Rules of Civil Procedure 4006 and 4009, a party served with interrogatories and requests for production of documents is required to answer said discovery requests within thirty (30) days. Approximately eleven (11) months have passed since Defendants initially served Plaintiff with discovery requests and there have yet to be responses to said requests. Despite the proper discovery requests, lack of objections, and reminder correspondence, Plaintiff has failed to provide any responses to the discovery thus far. The requested 3 information is not privileged, and the lack of responses to same prejudices the ability of the Defendants to prepare for this matter. Further, by Order dated April 17, 2007, Plaintiff was specifically ordered by this Court to provide full and complete discovery responses within thirty (30) days or risk sanctions, including dismissal of the Complaint. In disregard of the rules of civil procedure and this Court's April 17, 2007 Order, Plaintiff has failed to respond to discovery. Accordingly, this Court should enter a Non Pros against Plaintiff pursuant to Pa. R.C.P 4019, and dismiss Plaintiffs Complaint. IV. CONCLUSION Accordingly, Defendant moves this Honorable Court to enter a Non Pros against Plaintiff, and dismiss the Complaint, with prejudice. THOMAS, THOMAS & HAFER, LLP By: # 68953 YAney squire mson, Esquire # 204508 , 305 N. Front Street Date: 7-a d 7 , A 17108-0999 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this -day of , 2007 a copy of Defendants' Brief in Support of Motion for Sanctions was served via United States First Class Mail, postage prepaid upon the party listed below. Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 BY: herry Ha stein C-7 rya ° o c- * am J C - [ ry rJ:'t W iT7 w C w rn L Z ? to PAULETTE ORDICK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3217 CIVIL V. CIVIL ACTION - LAW ANTOINETTE STEPP AND, KENNETH STEPP, DEFENDANTS JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 2nd day of August, 2007, upon consideration of the Defendant's Motion for Sanctions against the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before August 17, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Defendants shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. Marc Arrigo, Esquire Attorney for Plaintiff Thomas, Thomas & Hafer, LLP Attorneys for Defendants ? eP my,?c bas By the Court, U 'h Nd 3-- OnV LOOZ MV ONU'HiOb'd 3HI 34 30HI?0-0311d AUG OI2DD7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK NO.: 06-3217 Civil V. CIVIL ACTION - LAW ANTOINETTE STEPP AND : KENNETH STEPP JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2007, upon consideration of the Defendants' Motion for Sanctions, it is hereby ORDERED, ADJUDGED, and DECREED that a judgment of non pros be entered against the Plaintiff. It is further ORDERED, ADJUDGED and DECREED that any and all claims against Defendants are DISMISSED with prejudice. BY THE COURT: J. HOWARD A. TAYLOR, LLC BY: Marc Antony Arrigo, Esquire Identification No.: 39518 123 South Broad Street, Suite 1310 Attorney for Plaintiff(s) Philadelphia, PA 19107 215-732-9300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK V. CIVIL ACTION - LAW NO: 06-3217 Civil ANTOINETTE STEPP and KENNETH STEPP ANSWER OF PLAINTIFF TO DEFENDANT'S MOTION FOR SANCTIONS FOR FAILURE TO PROVIDE FULL AND COMPLETE DISCOVERY RESPONSES AND NOW, come(s) the plaintiff, Paulette Odrick, by and through her attorney, Marc Antony Arrigo, Esquire, of the Howard A. Taylor, LLC, makes this Answer of Plaintiff to Defendant's Motion for Sanctions for Failure to Provide Full and Complete Discovery Responses, and aver(s) as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The allegations of this paragraph contain legal conclusions of law to which no responsive pleading is necessary, and therefore, on this basis strict proof there of is demanded. 6. Denied. The allegations of this paragraph contain legal conclusions of law to which no responsive pleading is necessary, and therefore, on this basis strict proof there of is demanded. 7. Admitted. 8. Denied. The allegations of this paragraph contain legal conclusions of law to which no responsive pleading is necessary, and therefore, on this basis strict proof there of is demanded. 9. Denied. Plaintiff has prepared and forwarded full and complete responses to discovery, i.e., Answer of Plaintiff to Interrogatories of Defendant and Reply to Request for Production of Documents under cover-letter dated August 2, 2007. (See copy of Answer of Plaintiff to Interrogatories of Defendant and Reply to Request for Production of Documents under cover- letter dated August 2, 2007, attached hereto, made part hereof and marked Exhibit "A".) 10. Denied. The allegations of this paragraph contain legal conclusions of law to which no responsive pleading is necessary, and therefore, on this basis strict proof there of is demanded. 11. Admitted in part, denied in part. Plaintiff prepared full and complete responses to discovery prior to the Motion but they inadvertently were not forwarded at that time, as such it is admitted that said responses were not received by defendant prior to the date of the Motion. 12. Admitted. 13. Admitted. 14. Denied. The allegations of this paragraph contain legal conclusions of law to which no responsive pleading is necessary, and therefore, on this basis strict proof there of is demanded. By way of further answer, plaintiff has prepared and forwarded full and complete responses to discovery, thus rendering said motion moot. (See Exhibit "A".) 15. Denied. The allegations of this paragraph contain legal conclusions of law to which no responsive pleading is necessary, and therefore, on this basis strict proof there of is demanded. By way of further answer, plaintiff has prepared and forwarded full and complete responses to discovery, thus rendering said motion moot. Additionally, Pa. R.C.P. 4019(c)(3) is a curative measure and states, in pertinent part, that the Court may enter: "an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed.... " WHEREFORE, plaintiff, Paulette Odrick, requests that this Honorable Court deny Defendant's Motion for Sanctions as moot. Date: August 6, 2007 Respectfully submitted: a??, By: MARC ANTONY ARRI Attorney for Plaintiff(s) VERIFICATION MARC ANTONY ARRIGO, ESQUIRE, hereby states that he is counsel for plaintiff, Paulette Odrick, that he is duly authorized to make this verification on her behalf and that the facts set forth are true and correct to the best of his knowledge, information and belief. These statements are made subject to the penalties of 18 Pa. C. S. §4904, relative to unsworn falsifications to authorities. Date: August 6, 2007 01" ?0-1 q??F MARC ANTONY ARAIW Attorney for Plaintiff HOWARD A. TAYLOR, LLC BY: Marc Antony Arrigo, Esquire Identification No.: 39518 123 South Broad Street, Suite 1310 Attorney for Plaintiff(s) Philadelphia, PA 19107 215-732-9300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK V. ANTOINETTE STEPP and KENNETH STEPP CIVIL ACTION - LAW NO: 06-3217 Civil CERTIFICATION OF SERVICE I, Marc Antony Arrigo, Esquire, attorney for plaintiff, Paulette Odrick, hereby certify that on August 6, 2006, I caused to be served a true and correct copy of the foregoing Answer of Plaintiff to Defendant's Motion for Sanctions for Failure to Provide Full and Complete Discovery Responses via First Class United States Mail, postage prepaid upon the following party: W. Darren Powell, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, 6`" Floor Harrisburg, PA 17108-0999 Date: August 6, 2007 MARC ANTONY AJWGO, ES Attorney for Plaintiff(s) HOWARD A. TAYLOR, LLC BY: Marc Antony Arrigo, Esquire Identification No.: 39518 123 South Broad Street, Suite 1310 Attorney for Plaintiff(s) Philadelphia, PA 19107 215-732-9300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK V. ANTOINETTE STEPP and KENNETH STEPP CIVIL ACTION - LAW NO: 06-3217 Civil BRIEF IN SUPPORT OF ANSWER OF PLAINTIFF TO DEFENDANT'S MOTION FOR SANCTIONS 1. STATEMENT OF FACTS: On or about October 17, 2002, plaintiff, Paulette Odrick, was operating a motor vehicle on 31st Street, approaching its intersection with 5 h Avenue, New York, New York, when suddenly and without warning a vehicle owned by defendant, Antoinette Stepp, and operated by defendant, Kenneth Stepp, attempted to pass from the right and struck the right side door of the Odrick vehicle. Napoleon Cherry, a passenger in the Odrick vehicle exited the automobile to secure the other driver's information but that driver fled the scene prior to the police and emergency medical personnel arriving. Mr. Cherry did get the tag number of the striking vehicle. As a result of this accident, plaintiff sustained post-traumatic cephalgia/headache, blurred vision, cervical, lumbosacral, bilateral shoulder, bilateral knee, and right ankle sprain and strain, myfascial pain syndrome, acute muscle spasms, bilateral upper extremity radiculitis, left shoulder impingement and various abrasions and contusions. Suit was filed by prior counsel in the Court of Common Peas of Philadelphia County, Pennsylvania. On or about May 4, 2006, venue was transferred to Cumberland County. On or about July 21, 2006, defendants filed their Answer with New Matter to Plaintiff s Complaint. On August 23, 2006, defendants forwarded Interrogatories and a Request for Production of Documents. At that juncture, current counsel for plaintiff did not have the entire file as on information received he believes he was at least the fourth attorney to be retained to handle this file. Thereafter, attempts to secure the entire file from prior counsel proved unsuccessful. A Motion to Compel was filed by defendant and subsequently granted on April 17, 2007. Counsel for plaintiff has made a diligent effort to secure the entire file from prior counsel, and believes he has been successful. On this basis, full and complete responses to discovery, i. e., Answer of Plaintiff to Interrogatories of Defendant and Reply to Request for Production of Documents, were prepared on July 17, 2007, however, due to summer vacation schedules they inadvertently were not forwarded until August 2, 2007. (See copy of Answer of Plaintiff to Interrogatories of Defendant and Reply to Request for Production of Documents under cover-letter dated August 2, 2007, attached hereto, made part hereof and marked Exhibit "A".) Inasmuch as full and complete responses to discovery have been prepared and forwarded, it respectfully is suggested that defendants' motion should be denied as moot. II. QUESTION PRESENTED: As Plaintiff has Provided Full and Complete Answers to Discovery, Should the Court Deny Defendants' Motion for Sanctions for Failure to Answer Discovery as MOOT? Suggested Answer: In the Affirmative. III. ARGUMENT The purpose ofthe Pennsylvania Rules of Civil Procedure, and more specifically the discovery motion practice is, in part, to aid in effecting full and complete discovery so as to advance litigation to a fair conclusion. When deciding whether to impose sanctions in discovery, the Court must strike a balance between the procedural need to move a case forward to a prompt disposition and the rights of the parties. Poulos v. Commonwealth Department of Transportation, _ 133 Pa. Commw. 322, 575 A.2d 967 (1989). In the instant matter, current counsel for plaintiff did not have the entire file, and on information received believes he was at least the fourth attorney to be retained to handle this case. Thereafter, attempts to secure the entire file from prior counsel proved unsuccessful. Ultimately, counsel for plaintiff prepared full and complete responses to discovery on July 17, 2007, however, due to summer vacation schedules the Answer of Plaintiff to Interrogatories of Defendant and Reply to Request for Production of Documents inadvertently were not forwarded until August 2, 2007. (See Exhibit "A".) Inasmuch as responses to discovery have been prepared and forwarded, it respectfully is suggested that defendants have in no way been prejudiced in this matter and that defendants' motion should be denied as moot. Additionally, over 90% of the materials comprising the Reply to Request for Production of Documents is comprised of medical records, all of which are identical to, but less extensive than, those previously produced on two (2) separate occasions by defense counsel. Furthermore, the Answer to Interrogatories are largely drawn from and restatements of information already in defendants' possession in the form of the these medical records, the accident report and the civil action Complaint. As such, defendants cannot argue that they were in any material way prejudiced by the timing of the receipt of plaintiff's responses to discovery. Defendants rely on Pa. R.C.P. 4019(c)(3) for the proposition that an order ofnon pros should be entered and that plaintiff's Complaint be dismissed, with prejudice. However, Pa. R.C.P. 4019(c)(3) specifically states: (c) the court, when acting under subdivision (a) of this rule, may make.... (3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgement of non pros or by default against the disobedient party or party advising the disobedience.... (Emphasis added.) A fair reading of this provision indicates that Pa. R.C.P. 4019(c)(3) is a curative measure designed to bring a party into compliance, not a draconian bludgeon to be used to dismiss an action with prejudice, particularly when that party has provided the material requested. In fact, the rule cited by opposing counsel does not provide for the dismissal of the plaintiff's Complaint, with prejudice. IV. CONCLUSION Therefore, inasmuch as full and complete responses to discovery have been prepared and forwarded, it respectfully is suggested that defendants' motion should be denied as moot. Date: August 6, 2007 Respectfully submitted: Y MARC ANTONY ARI(JW Attorney for Plaintiff(s) HOWARD A. TAYLOR, LLC BY: Marc Antony Arrigo, Esquire Identification No.: 39518 123 South Broad Street, Suite 1310 Attorney for Plaintiff(s) Philadelphia, PA 19107 215-732-9300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK V. ANTOINETTE STEPP and KENNETH STEPP CIVIL ACTION - LAW NO: 06-3217 Civil CERTIFICATION OF SERVICE I, Marc Antony Arrigo, Esquire, attorney for plaintiff, Paulette Odrick, hereby certify that on August 6, 2006, I caused to be served a true and correct copy of the foregoing Brief in Support of Answer of Plaintiff to Defendant's Motion for Sanctions via First Class United States Mail, postage prepaid upon the following party: W. Darren Powell, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, 60' Floor Harrisburg, PA 17108-0999 Date: August 6, 2007 MARC ANTONY ARWA, ESQUIRE Attorney for Plaintiff(s) COPY w m SUITE 13 10 123 SOUTH BROAD STREET LLC C/? owaUyUr O ELPHI ,PA PHILADELPHIA, PA 19109 (215) 732-9300 FAx: (215) 732-4093 JEROME TAYLOR HOWARD A. TAYLOR MARC ANTONY ARRIGO` EXECUTIVE CENTER OF GREENTREE ROBERT M. SILVERMAN* i EVEs DRIVE, SUITE 111 MARLTON, NJ 08053-3185 (856)783-7700 'ALSO NJ BAR FAX: (856) 783-9858 Via Express and First Class Mail August 2, 2007 W. Darren Powell, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, e Floor Harrisburg, PA 17108-0999 Re: Paulette Odrick v. Antoinette Stepp and Kenneth Stepp Cumberland Co. CCP, No. 06-3217 Civil Our File No: 14574 A Dear Mr. Powell: Please find enclosed Answer of Plaintiff to Interrogatories of Defendant and Reply to Request for Production of Documents on behalf of plaintiff, Paulette Odrick, in the above matter. If you have any questions or concerns in relation to this matter, or if I may be of assistance in some other way, please feel free to contact me. Very truly yours, MARC ANTONY MAA/hs w/enclosure(s) HOWARD A. TAYLOR, LLC BY: Marc Antony Arrigo, Esquire Identification No.: 39518 123 South Broad Street, Suite 1310 Attorney for Plaintiff(s) Philadelphia, PA 19107 215-732-9300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK CIVIL, ACTION - LAW V. NO: 06-3217 Civil ANTOINETTE STEPP and KENNETH STEPP ANSWER OF PLAINTIFF TO INTERROGATORIES OF DEFENDANTS AND NOW, come(s) the plaintiffs), Paulette Odrick, by and through her attorney, Marc Antony Arrigo, Esquire, of the Howard A. Taylor, LLC, makes this Answer of Plaintiff, to Interrogatories of Defendant, and aver(s) as follows: 1. Paulette Geraldine Odrick, 6201 North 10'h Street, Apt. 310, Philadelphia, Pennsylvania 19141, D.O.B.: May 28, 1953, Single, and SSN: 185-44-2684. 2. Paulette G. Odrick 6201 North I O h Street, Apt. 310 Philadelphia, Pennsylvania 19141 Tel. 215-276-1006; Napoleon Cherry 1905 Kater Street Philadelphia, Pennsylvania 19146 Tel.: 215-668-7853; Kenneth A. Sharp 5215 Stuart Drive, Mechanicsburg Pennsylvania 17055; and Jason Sprout 2410 State Street Harrisburg, Pennsylvania 17103. 3. Paulette G. Odrick 6201 North 10* Street, Apt. 310 Philadelphia, Pennsylvania 19141 Tel. 215-276-1006; Napoleon Cherry 1905 Kater Street Philadelphia, Pennsylvania 19146 Tel.: 215-668-7853; Kenneth A. Sharp 5215 Stuart Drive, Mechanicsburg Pennsylvania 17055, Jason Sprout 2410 State Street Harrisburg, Pennsylvania 17103; and Police Officer Paulis, Badge 924315 New York Police Department New York, New York. 4. Yes, see police report and medical records attached to Reply to Request for Production Documents. 5.a-c Post-traumatic cephalgia/headache, blurred vision, cervical, lumbosacral, bilateral shoulder, bilateral knee, and right ankle sprain and strain, myfascial pain syndrome, acute muscle spasms, bilateral upper extremity radiculitis, left shoulder impingement and various abrasions and contusions. These injuries, particularly those associated with the cervical and lumbar spine and the pain down her shoulders are of a continuing nature to the present. Plaintiff is often forced to walk with a cane due to the pain and stiffness. She has difficulty bending, twisting, turning or lifting the same weight she could before the incident, extended walking, sitting, and riding without pain, stiffness and limitation of motion. Plaintiff has been caused to awaken at night from sleep due to the pain and stiffness. She is particularly effected by changes in temperature and humidity in his neck, shoulder, lower back, and knees. 6. No. 7. No, plaintiff still has difficult, pain and stiffness with the parts of her body which were injured in this accident. As a result of this accident, plaintiff sustained post-traumatic cephalgia/headache, blurred vision, cervical, lumbosacral, bilateral shoulder, bilateral knee, and right ankle sprain and strain, myfascial pain syndrome, acute muscle spasms, bilateral upper extremity radiculitis, left shoulder impingement and various abrasions and contusions. These injuries, particularly those associated with the cervical and lumbar spine and the pain down her shoulders are of a continuing nature to the present. PWntiff is often forced to walk with a cane due to the pain and stiffness. She has difficulty bending, twisting, turning or lifting the same weight she could before the incident, extended walking, sitting, and riding without pain, stiffness and limitation of motion. Plaintiff has been caused to awaken at night from sleep due to the pain and stiffness. She is particularly effected by changes in temperature and humidity in his neck, shoulder, lower back, and knees. 8. None out of pocket. On information received, it is believed that the State Farm Insurance Company policy of insurance first party benefits were exhausted. The bills for medical service for the healthcare providers for this accident were as follows: Albert Einstein Medical Center 5501 Old York Road Philadelphia, Pennsylvania 19141: $ 4,230.25 John Traverso, D.O. Allied Medical associates 7104 Germantoen Avenue Philadelphia, Pennsylvania 19119 and 318 North Lansdowne Avenue Lansdowne, Pennsylvania 19050: 4,297.50 Robert J. Nyhay, D.C. HealthLine Chiropractic 200 West Champlost Avenue Philadelphia, Pennsylvania 19120 (Estimated): 100.00 Total: $ 8,627.75 However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information becomes available. 9. On or about October 17, 2002, plaintiff, Paulette Odrick, was operating a rental vehicle, which was stopped on 30`' Street, at its intersection with 5`'' Avenue, New York, New York, and after waiting for the light to change she started to proceed when a vehicle owned by defendant, Antoinette Stepp, and operated by defendant, Kenneth Stepp, attempted to pass from the right even though there was only one lane. The front left of the Stepp vehicle struck the right side door of the Odrick vehicle. Plaintiffwas thrown forward against the steering wheel and back. She also struck her left knee. Napoleon Cherry, a passenger in the Odrick vehicle exited the automobile to secure the other driver's information but that driver left the scene prior to the police and emergency medical personnel arriving. Mr. Cherry did get the tag number of the. striking vehicle. Defendant, Kenneth Stepp, was negligent in failing to make a proper observation, failing to yield the right of way, failing to make a proper warning of his approach, failing to maintain control of his vehicle, failing to make in improper vehicular maneuver, attempting to pass on the right, violating the assured clear distance ahead rule, and failing to operate a vehicle with due care in regard to plaintiff. 10. Yes. On or about September 18, 2001, plaintiff, Paulette G. Odrick, sustained a sslip and fall accident, where she sustained injuries that resulted in headache, and neck, lower back, bilateral knee and ankle pain. She treated with HealthLine Chiropractic from January 29, 2002, to March 21, 2002. Treatment records indicate that she made a satisfactory recovery and was released from care on March 31, 2002. On or about September 19, 2003, a fiber glass ceiling of Stevenson Terrace Apartment fell and struck plaintiff, Paulette G. Odrick, on the head, neck and shoulder. Plaintiff treated at Albert Einstein Medical Center, G. Winston Stubbs, M.D., FRCS, Parkstone Medical and Healthscope Rehabilitation. This claim settled for a total of $2,500.00. In approximately in 1999, in the wake of the murder of her son, plaintiff went on SSD for depression and anxiety. Plaintiff was a former City of Philadelphia employee. Plaintiff is still receiving SSD at a rate of approximately $1,100.00/month. Plaintiff does not remember at this time who she treated with due for psychiatric/psychological care related to this SSD claim. Approximately 15 years ago, plaintiff was a passenger involved in a motor vehicle accident. The vehicle she was in was traveling on Ogantz Avenue, at its intersection with Medary Avenue, Philadelphia, Pennsylvania, when another vehicle ran the red light on Medary Avenue and struck the vehicle in which she was riding. Plaintiff sustained neck, back and side injuries. Plaintiffwas treated at Albert Einstein Medical Center. Plaintiff does not believe she entirely recovered from this accident. At this late remove in time, she believes she only received $2,000.00 or $3,000.00 as a net recovery from her settlement of this claim. 11. Medical records from Albert Einstein Medical Center and Healthline Chiropractic. (See medical records attached to Reply to request for Production Documents. 12. Unknown at this time. However, plaintiffs reserve the right to consult or retain experts, and on this basis will supplement this response when, and as, such a determination is made and said information becomes available. a. Not applicable; b. Not applicable; and C. Not applicable. 13. Paulette G. Odrick 6201 North 10 h Street, Apt. 310 Philadelphia, Pennsylvania 19141 Tel. 215-276-1006; Napoleon Cherry 1905 Kater Street - Philadelphia, Pennsylvania 19146 Tel.: 215-668-7853; Kenneth A. Sharp 5215 Stuart Drive, Mechanicsburg Pennsylvania 17055; Jason Sprout 2410 State Street Harrisburg, Pennsylvania 17103; and Police Officer Paulis, Badge 924315 New York Police Department New York, New York. 14. Albert Einstein Medical Center 5501 Old York Road Philadelphia, Pennsylvania 19141; John Traverso, D.O. Allied Medical associates 7104 Germantoen Avenue Philadelphia, Pennsylvania 19119 and 318 North Lansdowne Avenue Lansdowne, Pennsylvania 19050; and Robert J. Nyhay, D.C. HealthLine Chiropractic 200 West Champlost Avenue Philadelphia, Pennsylvania 19120. 15. No, not applicable. a. Not applicable; b. Not applicable; C. Not applicable; d. Not applicable; and e. Not applicable. 16. No. 17. Yes. On or about September 18; 2001, plaintiff, Paulette G. Odrick, sustained a sslip and fall accident, where she sustained injuries that resulted in headache, and neck, lower back, bilateral knee and ankle pain. She treated with HealthLine Chiropractic from January 29, 2002, to March 21, 2002. Treatment records indicate that she made a satisfactory recovery and was released from care on March 31, 2002. On or about. September 19, 2003, a fiber glass ceiling of Stevenson Terrace Apartment fell and struck plaintiff, Paulette G. Odrick, on the head, neck and shoulder. Plaintiff treated at Albert Einstein Medical Center, G. Winston Stubbs, M.D., FRCS, Parkstone Medical and Healthscope Rehabilitation. This claim settled for a total of $2,500.00. In approximately in 1999, in the wake of the murder of her son, plaintiff went on SSD for depression and anxiety. Plaintiff was a former City of Philadelphia employee. Plaintiff is still receiving SSD at a rate of approximately $1,100.00/month. Plaintiff does not remember at this time who she treated with due for psychiatric/psychological care related to this SSD claim. Approximately 15 years ago, plaintiff was a passenger involved in a motor vehicle accident. The vehicle she was in was traveling on Ogantz Avenue, at its intersection with Medary Avenue, Philadelphia, Pennsylvania, when another vehicle ran the red light on Medary Avenue and struck the vehicle in which she was riding. Plaintiff sustained neck, back and side injuries. Plaintiffwas treated at Albert Einstein Medical Center. Plaintiff does not believe she entirely recovered from this accident. At this late remove in time, she believes she only received $2,000.00 or $3,000.00 as a net recovery from her settlement of this claim. 18. G. Winston Stubbs, M.D., FACS 8121 I/2 Stenton Avenue Philadelphia, Pennsylvania 19150; Albert Einstein Medical Center 5501 Old York Road Philadelphia, Pennsylvania 19141; John Traverso, D.O. Allied Medical associates 7104 Germantoen Avenue Philadelphia, Pennsylvania 19119 and 318 North Lansdowne Avenue Lansdowne, Pennsylvania 19050; and Robert J. Nyhay, D.C. HealthLine Chiropractic 200 West Champlost Avenue Philadelphia, Pennsylvania 19120. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information becomes available. 19. Yes. In approximately in 1999, in the wake of the murder of her son, plaintiff went on SSD for depression and anxiety. Plaintiff was a former City of Philadelphia employee. Plaintiff is still receiving SSD at a rate of approximately $1,100.00/month. Plaintiff does not remember at this time who she treated with due for psychiatric/psychological care related to this SSD claim. 20. State Farm Insurance Company, policy number 030400538B, claim number 38 K 064 023, Limited Tort option, $15,000.00/13,000.00 liability limits, and $5,000.00 first party medical limits. 21. On information received, it is believed that the State Farm Insurance Company policy of insurance first party benefits were exhausted. The bills for medical service for the healthcare providers for this accident were as follows: Albert Einstein Medical Center 5501 Old York Road Philadelphia, Pennsylvania 19141: $ 4,230.25 John Traverso, D.O. Allied Medical associates 7104 Germantoen Avenue Philadelphia, Pennsylvania 19119 and 318 North Lansdowne Avenue Lansdowne, Pennsylvania 19050: 4,297.50 Robert J. Nyhay, D.C. HealthLine Chiropractic 200 West Champlost Avenue Philadelphia, Pennsylvania 19120 (Estimated): 100.00 Total: $ 8,627.75 However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information becomes available. 22. Plaintiff is receiving SSD at a rate of approximately $1,100.00/month. 23. No. 24. State Farm Insurance Company, policy number 030400538B, claim number 38 K 064 023, Limited Tort option, $15,000.00/13,000.00 liability limits, and $5,000.00 first party medical limits. Date: July 18, 2007 Respectfully submitted: HOWARD A. TAYLOR, LLC By: MARC ANTONY ARRICPj Attorney for Plaintiff(s) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA : Paulette G. odrick, being duly sworn according to law, deposes and says that she is the above named plaintiff and that the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best cif' her knowledge, information and belief. Sworn to and Subscribed BeforeMe This 17 t lDay of July, 2007,. TARIAL SEAL udith Sue Taylor, Notary Public Otary Public city of Philadelphia, Philadelphia County My Commission Expires ices September 21, 2008 PAULETTE G. RICK THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff NO.: 06-3217 Civil V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants : CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS ADDRESSED TO PLAINTIFF PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, as amended, you are required to forward a copy to the undersigned and retain the original, of your answers and objections, if any, in writing and under oath, to the following . Interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. -10 A. "DOCUMENT"- writings or recordings of any kind, whether handwritten, typed, or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules, and forms. B. "IDENTIFY" - when used with reference to a person, shall mean and include the full name, present or last known business address, and if an individual, present or last known home address; each of his or her employers titles with respect to the period covered by these Interrogatories; a description of each duty and responsibility held by each such individual. When used with references to a document or writing, the word "identify" shall mean to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with a description of the document or writing as for instance, "letter", "memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication or which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in the communication, all other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on, or connected with, in any manner whatsoever. D. "YOU", "YOUR" - means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing nature, in accordance with the provisions of the Pennsylvania Rules of Civil Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identify and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a supplemental Answer on the undersigned. I.D. Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendants z3 n4 Date. 1. Please state your full name, present address, date of birth, marital status and social security number. ANSWER. 2. State the name(s), address(es), and telephone numbers of any and all persons who witnessed all or part of the incident involving Plaintiff in this case. ANSWER. 3. List the names and addresses of any and all persons known or believed by Plaintiff or anyone acting on Plaintiffs behalf to have firsthand knowledge of the facts and circumstances of the incident, or of the events leading up to or following the incident, or of the injuries allegedly sustained. ANSWER: 4. Do you have any documents such as writings, statements or memoranda of parties, diagrams, pictures or any other writing or document which you anticipate possibly using in the upcoming trial? If so, please identify each and every item and advise as to whom has custody over the writing and/or document. ANSWER: 5. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: a. the nature and extent of such injuries; b. the location of any injuries sustained; and c. whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 6. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: 7. Have you fully recovered from any of your injuries, and if so, state the approximate date of recovery. If you have not recovered from any of your injuries, state those injuries from which you have not recovered, and in what respect you have not fully recovered. ANSWER: 8. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 9. Set forth the specific acts of negligence (either omission or commission) that you contend were committed by each Defendant. ANSWER: 10. Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: a. the date and place each such action was filed, identifying the name of the Court, docket number, and attorneys representing each party; b. a brief description of each such incident or lawsuit; and c. the result of each such action, whether or not there was an appeal, and the nature and result of any such appeal. ANSWER: 11. Please identify each document, which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or thing, and attach copies to your Answers to these Interrogatories. ANSWER: 12. With respect to each expert witness you intend to call at the trial of this case, please state the following: a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions for which he will testify; c. a summary of the grounds for each such expert opinion. ANSWER: 13. Please state the names, addresses, and telephone witnesses, including expert, fact, rebuttal and liability witnesses, at the time of the trial of this matter. ANSWER: numbers of any and all which you intend to call 14. State the names and addresses of all hospitals, doctors, therapists, etc. who have examined you or treated you because of this accident. ANSWER: a ? 15. Are you claiming loss of earnings due to this accident? If so, please state the following: a. the amount of such loss; b. the nature of your employment immediately prior to the accident; C. the name and address of your employer immediately before the accident and if you are still employed by them; if not, state the date and reason why you left; d. the dates you were absence from your employment because of the injuries sustained in this accident; and e. whether you were paid by the year, month, week, day, hour or otherwise and at what rate you were paid. ANSWER: 16. Do you claim that you sustained other financial loss as a result of the accident other than those covered by the preceding Interrogatories. If so, please state in detail the nature of the additional losses. ANSWER: 17. Prior to this incident, did you ever suffer any injury, sickness or disease involving any part or function of the body alleged in this suit to have been injured? If so, please state the following: a. when you suffered such injury, sickness or disease; b. if you have fully recovered from the prior injury, sickness or disease; and c. the names and address of all physicians who treated you for any previous injury, sickness or disease. ANSWER: 18. List all physicians, including complete names, addresses and practice, who have provided treatment to you in the past five (5) years. ANSWER: 19. Prior to the incident, have you treated with a psychiatrist or psychologist? If so, identify the name and address of such medical providers. ANSWER: 20. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number and the limits of first-party medical and income loss coverage on each said policy. ANSWER: 21. For each insurer identified in your response to the preceding Interrogatory for which you submitted a claim for first-party medical or income loss benefits, identify limits, amounts paid and amount of coverage remaining for medical and income loss. ANSWER: 22. Identify all sources of current household income since the accident, including amounts of such income. ANSWER: 23. If you are not currently employed, have you sought employment from since employment from since the accident? If so, describe in detail what steps have you have taken to obtain employment. ANSWER: 24. Identify each and every auto insurer which, at the time of the accident, you maintained automobile insurance with, identifying the insurer, policy and claim number, tort option, and the limits of first-party medical and income loss coverage on each said policy. ANSWER: 9 HOWARD A. TAYLOR, LLC BY: Marc Antony Arrigo, Esquire Identification No.: 39518 123 South Broad Street, Suite 1310 Attorney for Plaintiff(s) Philadelphia, PA 19107 215-732-9300 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ PAULETTE ODRICK CIVIL, ACTION - LAW V. NO: 06-3217 Civil ANTOINETTE STEPP and KENNETH STEPP REPLY OF PLAINTIFF TO REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT(S) AND NOW, come(s) the plaintiff(s), Paulette Odrick, by and through her attorney, Marc Antony Arrigo, Esquire, of the Howard A. Taylor, LLC, makes this Reply to Request for Production of Documents, and aver(s) as follows: 1. To the extent available, see the attached materials. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information and materials become available. 2. None known at this time. However, plaintiff reserve the right to consult and retain experts, and on this basis plaintiff will supplement this response when, and as, such a determination is made and said materials become available. 3. To the extent available, see the attached materials. However, the investigation of this 4 matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information and materials become available. 4. To the extent available, see the attached materials. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information and materials become available. 5. To the extent available, see the attached materials. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information and materials become available. 6. To the extent available, see the attached materials. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information and materials become available. 7. To the extent available, see the attached materials. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information and materials become available. To the extent available, see the attached materials. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information and materials become available. 9. To the extent available, see the attached materials. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional information and materials become available. 10. See attached. 11. To the extent available, see the attached materials. However, the investigation of this matter is continuing, and on this basis plaintiff will supplement this response when, and as, additional 6 J +, information and materials become available. Date: July 17, 2007 Respectfully submitted: By: MARC ANTO Attorney for Plaintiff(s) THOMAS, THOMAS & HAFER, LLP by: W. Darren Powell, Esquire I.D. No. 68953 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 237-7154 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF Pursuant to Pennsylvania Rule of Civil Procedure 4009.1, Defendants request that Plaintiffs produce and permit Defendants to inspect and copy each of the documents specified below. The documents should be made available for inspection and copying during regular business hours at the offices of the Defendant's attorney, 305 North Front Street, Harrisburg, Pennsylvania, or at such other place as may be mutually agreeable to the parties, within thirty (30) days after the service of this request. The words "document" and "documents" as herein used include but are not limited to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original and any non-identical copy a of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, speeches, telegrams, diaries, calendar or diary entries, schedules, maps, graphics, contracts, appraisals, studies, analyses, summaries, instructions, photographs, films, surveys, messages, correspondence, letters, tables, drawings, and including preliminary versions, drafts or revisions of any of the foregoing, as well as all other documents defined in Rule 4009. DOCUMENTS TO BE PRODUCED 1. All statements, including but not restricted to those defined by Pa. R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, or any other matter involved in or pertaining to this case. 2. A curriculum vitae as to each expert or experts you have retained to testify on your behalf at the trial of this case. 3. All documents prepared by you or by any representative(s), agent(s) or anyone acting on your behalf, except your attomey(s), during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, u e microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their Behalf.) 4. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 5. All documents relating in any way to all damages and losses sustained by Plaintiff. This should include, but not be limited to all bills, receipts, reports, records, documents, etc. reflecting diagnosis or prognosis. 6. All documents or exhibits which you intend to offer or identify as exhibits and/or evidence at any depositions or at the trial of this matter. 7. If not covered by the above-requests, any and all documents which evidence any facts on the basis of which it will be asserted that the Defendants caused or contributed to the happening of the damages sustained by the Plaintiff. 8. All documents which would support any claims for damages averred in Plaintiffs Complaint. ?. Y V F 9. Copies of all reports from anyone who performed investigations and the results of those investigations conducted by Plaintiff, Plaintiffs counsel, anyone on Plaintiffs behalf or any other individual or organization. 10. Any documents identified in your Answers to any set of Interrogatories. 11. All records or other writings establishing Plaintiffs claim of financial loss, including copies of tax returns for the last three (3) years. & HAFER, I.D. Number: 68953 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendants Dated: W,Of / Q OW C;VA91X, LLC JEROME TAYLOR HOWARD A. TAYLOR MARC ANTONY ARRIGO* ROBERT M. SILVERMAN* *ALso NJ BAR August 6, 2007 W. Darren Powell, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, 6"' Floor Harrisburg, PA 17108-0999 SUITE 1310 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 732-9300 FAX: (215) 732-4093 EXECUTIVE CENTER OF GREENTREE 1 EVES DRIVE, SUITE 11 I MARLTON, NJ 080 5 3-3 1 8 5 (856)783-7700 FAX: (856) 783-9858 Re: Paulette Odrick v. Antoinette Stepp and Kenneth Stepp Cumberland Co. CCP, No. 06-3217 Civil Our File No: 14574 A Dear Mr. Powell: Please find enclosed a copy ofthe Answer ofPlaintiffto Defendant's Motion for Sanctions for Failure to Provide Full and Complete Discovery Responses and Brief in Support of Answer of Plaintiff to Defendant's Motion for Sanctions, the original of which is being filed of record in the above matter. If you have any questions or concerns in relation to this matter, or if I may be of assistance in some other way, please feel free to contact me. Very truly yours, MARC ANTONY ARRIGO MAA./hs w/enclosure(s) N ' ? `° ' T4 ? _ _ ._ ? ' C.. ; ?? C?? a .j ' .. ?? :i C`-J ,. AUG 10 2001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK CIVIL ACTION - LAW V. NO: 06-3217 Civil ANTOINETTE STEPP and KENNETH STEPP ORDER AND NOW, this f ,?j'-"day of oj,(A? , 2007, upon consideration of the Answer of Plaintiff to Defendant's Motion for Sanctions for Failure to Provide Full and Complete Discovery Responses, it appearing that said discovery responses having been provided, it is hereby ORDERED and DECREED that said Motion is DENIED as moot. BY THE COURT: 6 E .6 WV £ I ISM LOOI .. •.n Anthony T. Lucido, Esquire Attorney I.D. No: 76583 Thomas, Thomas & Hger, LLP 305 North Front Street/P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7057 Attorneys for Defendants ULETTE ODRICK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 06-3217 V. TOINETTE STEPP and KENNETH STEPP CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please substitute the appearance of Anthony T. Lucido, Esquire as counsel on behalf of Defendants Antoinette Stepp and Kenneth Stepp in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP Date: 116TI6? BY: C-7-e, Anthony T. Lucido, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7057 I.D. No. 06776 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: Marc Arrigo, Esquire 123 South Broad Street, Ste. 1310 Philadelphia, PA 19109 Dated: THOMAS, THOMAS & HAF LLP e L. Berkhe' ' F . T . 6 1 4 THOMAS, THOMAS & HAFEP, LLP By: Anthony T. Lucido Attorney Identification No. 76583 305 N. Front Street Harrisburg, PA 17103 (717) 441-7057 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, PLAINTIFF NO.: 06-3217 Civil V. CIVIL ACTION - LAW ANTOINETTE STEPP AND KENNETH STEPP, JURY TRIAL DEMANDED DEFENDANTS CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 400912 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoenas and waives the Notice of Intent to Service Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a statement dated March 11, 2008, and executed by Plaintiff's counsel, Marc Arrigo, Esquire, indicating waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. Date: r do THOMAS, THOMAS & HAFER, LLP a-Z79-?-- Anthony T. Lucido, Esquire Attorney I.D.: 76583 305 North Front Street, 6th Floor Harrisburg, PA 17108 (717) 441-7057 576535.1 MAR-11-mod 15=4? i isn 1.. GJI .??-- •w THOMAS THOMAS & HAFEF LLP Marc Arrigo. Esquire Page 2 1, Marc Arrigo. Esquire, do hcreb agrcc to the waiving of the twenty day notice allowing counsel for Defendant to obtain a copy of records from Dr. Stephen Rosen. 3 -- ,'/ - o g 4 r- DATE Marc Z TOTAL P_04 •A dpq:pn Rn TT JeW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. NO.: 06-3217 Civil CIVIL ACTION - LAW ANTOINETTE STEPP AND KENNETH STEPP, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Steven Rosen 261 Old York Rd. #707 Jenkintown, PA 19046 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Comt)lete copies of anv and all medical records, including but not limited to: correspondence charts office notes progress notes consultation reports x-ram or other diagnostic films, diagnostic film reports and results test results statements of injury, diagnosis and prognosis, patient histories and insurance forms, billing records, etc. for treatment rendered on behalf of Paulette Odrick; d/o/b: 05/28/53. to: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: W. Darren Powell, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy . I a .. , CERTIFICATE OF SERVICE I, Megan L. Bressler, Paralegal, of the law firm Thomas, Thomas & Hafer LLP, certify that I have served a true and correct copy of the foregoing document on the following person(s) by placing same in the United States mail, postage prepaid, on the date set forth below: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 THOMAS, THOMAS & HAFER, LLP Megan A-hressler Date: '2j ? + Z' og -- Fri W ?? rn THOMAS, THOMAS & HAFEF, LLP By: Anthony T. Lucido Attorney Identification No. 76583 305 N. Front Street Harrisburg, PA 17103 (717) 441-7057 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, PLAINTIFF V. : ANTOINETTE STEPP AND KENNETH STEPP, DEFENDANTS NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas will be served. THOMAS, THOMAS & HAFER, LLP Date: 312-01 O q r"-, - " Anthony T. Lucido, Esquire Attorney for Defendants 578589.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V. ANTOINETTE STEPP AND KENNETH STEPP, Defendants NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Glenn Rosen, 515 West Chelten Avenue Philadelphia PA 19144 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records including but not limited to: correspondence charts, office notes progress notes consultation reports x-ray or other diagnostic films diagnostic film reports and results, test results statements of injury diagnosis and prognosis patient histories and insurance forms, billing records etc. for treatment rendered on behalf of Paulette Odrick; d/oft 05/28/53. to: Thomas, Thomas & Hafer, LLP 305 N. Front St P.O. Box 999, Harrisburg PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Anthony T. Lucido, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA TELEPHONE: (717) 441-7057 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants DATE: Seal of the Court 17108-0999 BY THE COURT: Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Megan L. Bressler, Paralegal, for the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 Date: 3 1ol Meg ressler, Paralegal 578589.1 0 .? ? GJ THOMAS, THOMAS & HAFER, LLP bv: Anthony T. Lucido, Esquire I.D. No. 76583 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7057 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, V. ANTOINETTE STEPP AND KENNETH STEPP, NO.: 06-3217 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the day on which the subpoenas were sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. More than 20 days have elapsed and no objections have been filed; 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP Date: ( 0 az?- I. Anthony T. Lucido, Esquire Attorney I.D.: 76583 305 North Front Street, 6th Floor Harrisburg, PA 17108 (717) 441-7057 584989.1 THOMAS, THOMAS & HAFER, LLP By: Anthony T. Lucido Attorney Identification No. 76583-: `n 305 N. Front Street ' Harrisburg, PA 17103 :;0 (717) 441-7057 Attorney for Antoinette Stepp and Kenneth Stepp IN THE COURT OF COMMON PLEAS OF Fn CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, PI_.AINTIFF NO.: 06-3217 Civil V. CIVIL ACTION - LAW ANTOINETTE STEPP AND KENNETH STEPP, JURY TRIAL DEMANDED DEFENDANTS NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas will be served. Date: -? T t)? THOMAS, THOMAS & HAFER, LLP a,-, " Anthony T. Lucido, Esquire Attorney for Defendants 578589.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK, Plaintiff V, NO.: 06-3217 Civil CIVIL ACTION - LAW ANTOINETTE STEPP AND KENNETH STEPP, JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVER' PURSUANT TO RULE 4009.22 TO: Dr. Glenn Rosen, 515 West Chelten Avenue. Philadelphia PA 19144 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, including, but not limited to: corresbondence charts. office notes progress notes consultation reports x-ray or other diagnostic films diagnostic film reports and results. test results. statements of injury, diagnosis and prognosis patient histories and insurance forms billing records._ etc., for treatment rendered on behalf of Paulette Odrick; d/o/b: 05/28/53. to: Thomas. Thomas & Hafer, LLP. 305 N. Front St. P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seep a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Anthony T. Lucido, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 441-7057 SUPREME COURT ID#: 76583 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE 1, Megan L. Bressler, Paralegal, for the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail; first class, postage prepaid, to the following: Marc. Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 Date: 'j 12-c Ct Megan L ressler, aralegal 578589.1 CERTIFICATE OF SERVICE I, Megan L. Bressler, Paralegal, of the law firm Thomas, Thomas & Hafer LLP, certify that I have served a true and correct copy of the foregoing document on the following person(s) by placing same in the United States mail, postage prepaid, on the date set forth below: Marc Arrigo, Esquire 123 South Broad Street Suite 1310 Philadelphia, PA 19109 THOMAS, THOMAS & HAFER, LLP Megan . essl r Date: ? ?? G'"1 {" i G7a ?? Si 7 -?i - rJ K _ ???` '"ry _ , ? a? ? ? f.l? y t A THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorneys for Defendants PAULETTE ODRICK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 CV 3217 ANTOINETTE STEPP and CIVIL ACTION - LAW KENNETH STEPP, Defendants. : JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: Please substitute the appearance of Jason C. Giurintano, Esquire, as counsel on behalf of Defendants Antoinette Stepp and Kenneth Stepp in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. submitted, & Hafer, LLP Date: I ?_ (l?` By: Jaso . Giurintano Attey ID #89177 Attorneys for Defendants r 1 CERTIFICATE OF SERVICE I, Jason C. Giurintano, Esquire, do hereby certify that I sent a true and correct copy of the foregoing document, on all counsel of record by placing a copy of the same in the United States first-class mail, postage prepaid, addressed as follows: Marc Antony Arrigo, Esquire Howard A. Taylor, LLC 123 South Broad Street Suite 1310 Philadelphia, PA 19109 Respectfully submitted, Thomas, T?pmas & Hafer, LLP Date: - ?--? _VJ By: At rr y ID #89177 Attorneys for Defendants 654349.1 <"' ? "= ?Vy r C'?. ? CJ ...?,.? - .?k°. ?? ..T.l? E , ^ .( ? °"'.} ? -?, f`? 4 t'? ., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULETTE ODRICK CIVIL ACTION - LAW V. NO: 06-3217 Civil ANTOINETTE STEPP and KENNETH STEPP PRAECIPE TO SETTLE. DISCONTINUE AND END Kindly mark the above-captioned matter settled, discontinued and ended, upon the payment of your costs. Date: June 15, 2009 By: MARC ANTONY ARRI Attorney for Plaintiff(s) OF THE 2009 A -4 PN 1 39 PENNISYLVANIIA