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HomeMy WebLinkAbout06-6322ALVIN F. de LEVIE IDENTIFICATION No. 23245 SUITE 940 ATTORNEY FOR PUBLIC LEDGER BUILDING 150 SOUTH INDEPENDENCE MALL WEST PHILADELPHIA, PA 19106 215-351-1100 FAX 215-351-0257 Derrick Brown 657 Cumberland Point Circle Mechanicsburg, PA 170554 V. Ellen Rabin 806 Riverview Road Lemoyne, PA 17043 PLAINTIFF COURT OF COMMON PLEAS DIVISION TERM, No. o` _ L3?.? C - • ?..i CIVU ACTION COMPLAINT "NOTICE" You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 "AVISO" Le han demandado an corte. Si usted quiere defenderse contra las demandas nombradas an las paginas siguientes, tiene viente (20) dias a partir de recibir esta demanda y notificacion pars entablar personalmente o por un abogado una comparecencia escrita y tambien para entablar con la corte en forma escrita sus defensas y objeciones a las demandas contra usted. Sea advisado que si usted no se defiende, el caso puede continuar sin usted y la corte puede incorporar un juicio contra usted sin previo aviso para conseguir el dinero demandado en el pleito o para conseguir cualquier otra demanda o alivio solicitados por el demandante. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE ABOGADO (O NO TIENE DINERO SLIFICIENTE PARA PAGAR A UN ABOGADO), VAYA EN PER- SONA O LLAME POR TELEFONO LA OFICINA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMA ION SOBRE CONTRATAR A UN ABOGADO $I USTED NO TIENE DINERO UFI IENTE PARA PAGAR A UN ABOGADO. ESTA OFI INA P 1FDE PROPORCIONAR E INFORMA ION SQBRE AGENCIAS QUE OFRE EN ERVI IOS LE ALE A PERSONAS QUE CUMPLEN LOS REQ I ITOS PARA 1N HONORARIO REDUCIDO O NINGUN HONORARIO ASSOCIACION DE LICENDIADOS DE FILADELFIA SERVICIO DE REFENCIA E INFORMACION LEGAL One Reading Center Filadelfia, Pennsylvania 19107 Telefono: (215) 238-6333 Plaintiff is an individual citizen and resident of the Commonwealth of Pennsylvania residing therein at the address set forth in the caption above. 2. Defendant Ellen Rabin is an individual citizen and resident of the Commonwealth of Pennsylvania residing therein at the address set forth in the caption above. .3. On or about November 9, 2004, Plaintiff was a pedestrian in the vicinity of the West Shore Plaza, 1200 Market Street, Lemoyne, PA, when he was struck by a motor vehicle owned and operated by Defendant. 4. The accident aforesaid was caused solely as a result of the negligence and carelessness of the Defendant and not whatsoever due to the action or inaction of the Plaintiff. All statutory requirement for the filing of this action have been fulfilled 6. Plaintiff by virtue of the fact that he is a pedestrian is deemed to be a full tort Claimant as defined by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 7. Plaintiff is deemed to have a serious and permanent injury. 8. As a result of the accident aforementioned, plaintiff sustained multiple injuries including but not limited to injury to his arms, legs, back and neck; shock and injury to his nerves and nervous system, some or all of which plaintiff has been advised are or may be permanent in nature. 9. As a result of the aforesaid, plaintiff has undergone great physical pain and he will continue to endure the same to his great detriment and loss. 10. As a result of the Defendants' negligence as aforesaid, Plaintiff has been obliged to expend and incur large sums of money for medical attention and various purposes in an attempt to effect a cure for the aforesaid injuries, and Plaintiff may be compelled to expend and/or incur additional sums for such medical attention. 11. As a result of the Defendants' negligence, the Plaintiff was unable to attend to his daily duties and occupation, thereby suffering a loss of earnings and/or impairment of earning capacity, which plaintiff may continue to suffer for an indefinite time in the future. 12. Plaintiff has or may suffer severe loss because of expenses which have been or may be reasonably incurred in obtaining ordinary and necessary services in lieu of those which Plaintiff would have performed, not for income but for the benefit of himself. 13. The negligence of the Defendant consisted of the following: a) Failing to have said motor vehicle under adequate and proper control; b) Operating said motor vehicle at a high and excessive rate of speed under the circumstances; C) Failing to use due caution in driving said motor vehicle upon the highway; d) Failing to take due note of the point and position of Plaintiff upon the highway; e) Failing to maintain an assured clear distance with plaintiff, f) Failing to stop said motor vehicle; g) Failing to warn plaintiff, h) Violating the statutes and ordinances of the Commonwealth of Pennsylvania and the local Municipality where the accident occurred pertaining to the operation of a motor vehicle under the circumstances; WHEREFORE, Plaintiff seeks a sum not in excess of Thirty Five Thousand ($35,000.00) Dollars. BY: ALVIN F. de LEVIE, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF PHILADELPHIA: VERIFICATION ALVIN F. de LEVIE, hereby states that he is the Attorney in this action and verifies that the statements made in the foregoing CIVIL ACTION are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa. C.S. Sect. 4904 relating to unsworn falsification to authorities. ALVIN F. de LEVIE, ESQUIRE l ,-Z- N 4 0 c:r'+ - i f71rr yJ "-i -U J j !' ""1 r 7 C =i -rYT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. PRAECIPE FOR APPEARANCE ELLEN RABIN, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Ellen Rabin, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.,I.,P. By: .... - .--, unsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 17TH day of November, 2006. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE 41SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant n t? ?-- c-..? `il crv .? ?_; - ? ? #` '? t?J , _.w ? ;, = ?'. f <. _? C? .,. n? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, Plaintiff, V. NO. 06-6322 CIVIL DIVISION ANSWER AND NEW MATTER ELLEN RABIN, Defendant. TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. ummers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, ELLEN RABIN, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments; therefore, said averments are denied generally and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that on or about November 9, 2004, Plaintiff was a pedestrian in the vicinity of the West Shore Plaza, 1200 Market Street, Lemoyne, PA. It is also admitted that the Defendant was operating a vehicle that she owned at the date, time, and place identified. The remainder of the averments in Paragraph 3 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 4. Paragraph 4 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 5. Paragraph 5 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted. 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Admitted in part, denied in part. It is admitted that the Defendant negligently operated her vehicle on the date, time, and place of the subject accident. The remainder of the averments in Paragraph 13, and all of its subparts, state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Ellen Rabin, asks this Honorable Court to enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 14. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 15. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 16. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Ellen Rabin, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin . Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. /?? X,2 Date: -/?- 12 - 06 Ellen Rabin #x CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this eday of December, 2006. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE $ SKEEL, L.L.P. By; Kevin D. such, Esquire Counsel for Defendant N r_.? c.? i_' ; _ "? ?_ ?? ? ' ,t r`1 i_ Y °a y ? f ?l r L. , --1 _-? • • CI1 ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ALVIN F. de LEVIE, ESQUIRE 940 Public Ledger Building 150 S. Independence Mall West Philadelphia, PA 19106 I.D. 23245 215-351-1100 215-351-0257 (Fax) Derrick Brown Plaintiff V. Ellen Rabin Defendant TO THE PROTHONOTARY: Attorney for Plaintiff Civil Division No: 06-6322 REPLY Allegations contained in the New Matter of Defendant are hereby denied as conclusions of law to which no further response is required pursuant to the Pennsylvania Rules of Civil Procedure. By: ALVIN F. de LEVIE, ESQUIRE Attorney for Plaintiff ?i r-a ?_.-: C? c-sti :? '?"} ? '?J ?e ..d:u -- _ ? " ? ? i?l-. __ ? _g A_1 w °?.; SHERIFF'S RETURN - REGULAR CASE NO: 2006-06322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROWN DERRICK VS RABIN ELLEN VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RABIN ELLEN the DEFENDANT , at 1423:00 HOURS, on the 6th day of November , 2006 at 806 RIVERVIEW ROAD LEMOYNE, PA 170,13 by handing to REBECCA RABIN DAUGHTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42 .08 ?/ 11/07/2006 GL1 bL ALVIN DELEVIE Sworn and Subscibed to By: ?j _ L=? before me this day Deputy She ff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. MOTION TO COMPEL PLAINTIFF'S ELLEN RABIN, DISCOVERY RESPONSES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Jason P. Wrona, Esquire Pa. I.D. #201538 Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, Plaintiff, V. ELLEN RABIN, Defendant. CIVIL DIVISION NO. 06-6322 (Jury Trial Demanded) MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES AND NOW, comes the Defendant, Ellen Rabin, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and files the following Motion to Compel Plaintiff's Discovery Responses and in support thereof avers the following: 1. On December 8, 2006, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of said correspondence is attached hereto as Exhibit "A"). 2. In accordance with Pennsylvania Rule of Civil Procedure 4009, Plaintiff's Responses to Defendant's Interrogatories and Request for Production of Documents should have been received by January 8, 2007. 3. On January 31, 2007, defense counsel forwarded a letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. (A true and correct copy of said correspondence is attached hereto as Exhibit "B") 4. On February 16, 2007, defense counsel forwarded another letter to Plaintiff's counsel requesting that he respond to the outstanding discovery. (A true and correct copy of said correspondence is attached hereto as Exhibit "C") 5. To date, the Plaintiff's Answers to Interrogatories and Response to Request for Production of Documents remain outstanding. 6. It is necessary for proper defense of this lawsuit that Plaintiff files full and complete Responses to Defendant's discovery requests. 7. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the Order. 8. Counsel for Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. However, despite such attempts by defense counsel, Plaintiff's discovery responses remain outstanding. WHEREFORE, Defendant, Ellen R. Rabin, respectfully requests this 'Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) of said Order. Respectfully submitted, nuth ers, cDonn?ll, Hudock, a, eel l By: ?v Kev . Rauch, Esquire Jason P. Wrona, Esquire Attorneys for Defendant, Date: 5 146 T Ellen Rabin CERTIFICATE OF SERVICE I hereby certify that the Motion to Compel Directed to Plaintiffs was served on the following counsel by first class mail on thi? day of March, 2007. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEK, L.L.P. By: 4- I A / `J fdkin D. Rauch, Esquire Jason P. Wrona, Esquire Counsel for Defendant December 8, 2006 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: I am in receipt of your Complaint in the above-referenced matter. I respectfully request a reasonable extension of time in which to file a responsive pleading. In the event that I do not hear from you to the contrary, I will assume you have no objection. Additionally, please find enclosed Defendant's Interrogatories and Request for Production of Documents to the Plaintiff in the above-referenced matter. Kindly respond to the same within the timeframe established by the applicable Rules of Civil Procedure. Should you have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Jason P. Wrona JPW:evv Enclosures DEFENDANT'S EXHIBIT January 31, 2007 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: Please be advised I am assisting Jason Wrona in the above-referenced matter. In review of my file, I noticed that I have not received your client's Answers to Interrogatories and Response to Request for Production of Documents. These discovery requests were mailed to you on December 8, 2006. Kindly forward your client's discovery responses to my office. I appreciate your prompt attention to this matter. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV DEFENDANT'S EXHIBIT February 16, 2007 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: Kindly forward your client's Answers to Interrogatories and Response to Request for Production of Documents to my office in the above-referenced matter. These discovery requests were mailed to you on December 8, 2006. 1 appreciate your prompt attention to this matter. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV DEFENDANrs EXHIBIT C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. PRAECIPE TO WITHDRAW ELLEN RABIN, DEFENDANT'S MOTION TO COMPEL Defendant. PLAINTIFF'S DISCOVERY RESPONSES (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES TO: THE PROTHONOTARY Kindly withdraw Defendant's Motion to Compel Plaintiffs Discovery Responses in the above-captioned case. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & $KEEL, L.L.P/. ) By: Kovin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 2007. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L,4.P. By. )?r_,v - vin D. Rauch, Esquire Counsel for Defendant d y3 J. r-O IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ALVIN F. de LEVIE, ESQUIRE 940 Public Ledger Building 150 S. Independence Mall West Philadelphia, PA 19106 I.D. 23245 215-351-1100 215-351-0257 (Fax) Attorney for Plaintiff Derrick Brown Plaintiff V. : Ellen Rabin Defendant Civil Division No: 06-6322 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Plaintiff Derrick Brown objects to the proposed subpoena that is attached to this objection for the following reasons: the records sought are overly broad in time and scope and seeks medical information of an entirely private and unrelated nature DATE: ? 1?? 8- ALVIN F. de LEVIE, ESQUIRE Attorney for Plaintiff SUBPOENA NOTICE OF INTENT Pagel of 3 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Derrick Brown Court of Common Pleas Vs. Ellen Rabin 06-6322 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Jefferson Health System All available TO: Alvin De Levie, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Erick Violago, Esquire intends to serve a subpoena identical to the one that is 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 subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 6/2/2008 CC: Erick Violago, Esquire - Court of Common Pleas Sv?.tirr?/ s/ /-/1"- 7--) 0,W/ r7Qr,"rs& If you have any questions regarding this matter, please contac?t:l Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Erick Violago, Esquire Defense SUBPOENA NOTICE OF INTENT r Page 2 of 3 COUNSEL LISTING FOR DERRICK BROWN VS. ELLEN RABIN County of Cumberland Court of Common Pleas Counsel Firm De Levie, Esquire, Alvin 150 S Independence Mail W Suite 940 Philadelphia PA 19106 CptJ -:2 Is - 3st - IIOO 6???'-2' rs - :351 -oas7 Counsel Type Opposing Counsel Laa _ SUBPOENA NOTICE OF INTENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Derrick Brown Court of Common Pleas VS. Ellen Rabin 06-6322 Request For Records Copies Related To Subpoena Document Request Provider: Copy Sets Requested: Jefferson Health System Page 3 of 3 Please return this completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for prepayment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding this matter, please don't hesitate to contact Randall Mason at 412.253.1109. Date of Issue: 6/2/2008 Derrick Brown .vs. Ellen Rabin COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND • 06-6322 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Jefferson Health System (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ;PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) 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 afterits 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: Erick Violago, Esquire ADDRESS? 01 7 Mumma Road Lemoyne PA, 17043 TELEPHONE: 7z 1 7 - A 01- , 91 F SUPREME COURT ID #2 0 3 4 4 ATTORNEY FOR: De f ens e Date: „2l. )430 Seal f me Court BY THE COURT: P thonotary, Civil Divisio 4 Deputy SUBPOENA RIDER Page 1 of 1 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Jefferson Health System 259 North Radnor/Chester Road Suite 290 Radnor PA 19087 Attention: Records Department Subject: Brown, Derrick SS#: 196-52-9063 Date of Birth: 03/11/1957 Requested Items: Please remit: a complete copy of any and all documents in your possession from 03/11/1957 to present, regarding the above-named patient, Including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • Billing records. rT'r. f f C `; ; C' . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ALVIN F. de LEVIE, ESQUIRE 940 Public Ledger Building 150 S. Independence Mall West Philadelphia, PA 19106 I.D . 23215 215-351-1100 215-351-0257 (Fax) Derrick Brown Plaintiff V. Ellen Rabin Defendant Attorney for Plaintiff Civil Division No: 06-6322 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 Plaintiff Derrick Brown objects to the proposed subpoena that is attached to this objection for the following reasons: the records sought are overly broad in time and scope. i DATE ALVIN F. de LEVIE, ESQUIRE Attorney for Plaintiff SJBPOENA RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Derrick Brown vs. Ellen Rabin Page 3 of 4 Court of Common Pleas Case Number: 06- 6322 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC (`LSLLC') on behalf of Erick Violago, Esquire of Summers McDonnell - Harrisburg certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 6/23/2008 Litigation Solutions, LLC on behalf of Erick Violago, Esquire of Summers McDonnell - Harrisburg Attorney for the Defense CC: Erick Violacio, Esquire Summers McDonnell - Harrisburg 1017 Mumma Road Lemoyne PA 17043 htfn•//rate lit..qnl nnm/rat?PVent?/?nhnnena rPnnrrle acn?WRid SUBPOENA .!NOTICE OF INTENT 01 I of 3 I age PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Derrick Brown Court: of Common Pleas VS. Ellen Rabin 06-6322 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Jefferson Health System All available TO: Alvin De Levie, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Erick Violago, Esquire intends to serve a subpoena identical to the one that is 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 subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 6/2/2008 CC: Erick Violago, Esquire - Court of Common Pleas If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Erick Violago, Esquire Defense httn•//rate litcol r.nm/ratePvente/notice of intent.aSD?save report to db=X&PLid=PL25983... 6/2/2008 SUBPOENA NOTICE OF INTENT Pace 2 of 3 COUNSEL LISTING FOR DERRICK BROWN VS. ELLEN RABIN County of CumL-ler;and Court of Con rr.on Pleas Counsel Firm Counsel Type De Levie, 1-squire, Alvin 150 S Independence Mall W Suite 940 Philadelphia PA 19106 Opposing Counsel htt,-,-//rape lifcnl rnm/rafQt CVPInfc/nnftrP of intent n..gn?,gnve. renort to dh=X&PLId=:PT,259R?_. (S/7/?nnR COMMONWEALTH OF PENNSYLVANLk COUNTY OF CUMBERLAND Derrick Brown VS. Ellen Rabin File No. 06-6322 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jefferson Health System (Name of Person or Entity) - -- Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things. PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) 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 17, ith it. THIS SUIPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:_ Erick Violago, Esquire ADDRESS. l7 Mumma Road _ Lemoyne PA, 17043 TELEPHONE: 717-gni-SA F _ SUPREME COURT ID #? 0 2 3 4 4 _ ATTORNEY FOR: D e f e n s e Dater f Seal If me Court BY THE COURT: P thonotary Civil Divisiod /t n Deputy gUBPQENA RIDER Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Jefferson Health System 259 North Radnor/Chester Road Suite 290 Radnor PA 19087 Attention: Records Department Subject: Brown, Derrick SS# : 196-52-9063 Date of Birth: 0_;/11/1957 Page 1 of 1 Requested Items: Please remit: a complete copy of any and all documents in your possession from 03/11/1957 to present, regarding the above-named pa'`ient, including but not limited to: • Medical record's (charts, test results, reports, correspondence, office notes) • Billing records. http://rats.IitsoI.com/ratsevents/subpoena rider.asp?PLid=PL259832&WRid=WR30464 1?1?1?AnQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. MOTION TO COMPEL PLAINTIFF'S ELLEN RABIN, DEPOSITION Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, Plaintiff, V. ELLEN RABIN, Defendant. CIVIL DIVISION NO. 06-6322 (Jury Trial Demanded) MOTION TO COMPEL PLAINTIFF'S DEPOSITION AND NOW, comes the Defendant, Ellen Rabin, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and files the following Motion to Compel Plaintiff's Deposition, and in support thereof avers as follows: 1. Defense counsel certifies that he has sought the concurrence of Plaintiffs counsel to this Motion, and that Plaintiffs counsel concurs in the Motion. 2. This matter arises out of a motor vehicle accident that occurred on November 9, 2004, from which the Plaintiff alleges bodily injury. 3. By letter dated December 26, 2006, Defense counsel scheduled the Plaintiff's deposition to take place on Monday, March 5, 2007. (A true and correct copy of said letter and Notice scheduling this deposition is attached hereto as Exhibit "A"). 4. Upon request of Plaintiffs counsel, Defense counsel agreed to cancel the deposition. 5. By letter dated January 10, 2008, Defense counsel rescheduled the Plaintiffs deposition to take place on February 19, 2008. (A true and correct copy of said letter and Notice scheduling the deposition is attached hereto as Exhibit "B") 6. Upon request of Plaintiffs counsel, Defense counsel agreed to cancel the deposition. 7. By letter dated March 3, 2008, Defense counsel rescheduled the Plaintiff's deposition to take place on Friday, March 28, 2008. (A true and correct copy of said letter and Notice scheduling the deposition is attached hereto as Exhibit "C") 8. On or about approximately March 25, 2008, Plaintiffs counsel requested cancellation of the deposition. Defense counsel agreed to the same. 9. By letter dated April 10, 2008, Defense counsel rescheduled the Plaintiffs deposition to take place on Thursday, May 22, 2008. (A true and correct copy of a said letter and Notice scheduling the deposition is attached hereto as Exhibit "D") 10. Without prior Notice, the Plaintiff and his counsel failed to attend the deposition on May 22, 2008. 11. By letter dated May 30, 2008, Defense counsel rescheduled the Plaintiff's deposition to take place on Thursday, July 24, 2008. (A true and correct copy of a said letter and Notice scheduling the deposition is attached hereto as Exhibit "E") 12. On July 23, 2008, one day prior to the scheduled deposition, Plaintiff's counsel cancelled the deposition due to a court conflict. Defense counsel agreed to the same. 13. By letter dated August 1, 2008, Defense counsel rescheduled the Plaintiffs deposition to take place on Wednesday, September 24, 2008, at 12:15 p.m. (A true and correct copy of a said letter and Notice scheduling the deposition is attached hereto as Exhibit "F"). 14. Defense counsel requires a Court Order to verify that the Plaintiff attends this deposition. 15. No Judge has previously had any involvement with this case. WHEREFORE, Defendant, Ellen Rabin, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to attend his deposition scheduled to take place on Wednesday, September 24, 2008, at 12:15 p.m., at the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., located at 1017 Mumma Road, Suite 300, Lemoyne, PA 17043. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ?LVV? .0 By: L`? Kevin D. Rauch, Esquire Counsel for Defendant December 26, 2006 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: Enclosed please find a Notice scheduling your client's deposition for Monday, March 5, 2007, at 1:00 p.m. at my offices. My offices are located at 1017 Mumma Road, Lemoyne, Pennsylvania 17043. 1 scheduled the Court Reporter for the depositions of the Plaintiff and Defendant on that day. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Jason P. Wrona JPW:cIc Enclosures rt !!+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. NOTICE OF DEPOSITION OF ELLEN RABIN, PLAINTIFF, DERRICK BROWN Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN To: DERRICK BROWN c/o Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 TAKE NOTE that the deposition of the Plaintiff, DERRICK BROWN, will be taken before a person duly authorized to administer oaths on Monday, March 5, 2007, at 1:00 p.m. in the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, 1017 Mumma Road, Lemoyne, Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of December, 2006. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant January 10, 200 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: Enclosed please find a Notice scheduling your client's deposition for Tuesday, February 19, 2008 at 10:00 a.m. at my office, located at 1017 Mumma Road, Lemoyne, PA 17043. As discussed with your legal assistant, my client will present for her deposition testimony at 11:30 a.m. Additionally, I will schedule the court report. Should you have any questions regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV:kan Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. NOTICE OF DEPOSITION OF ELLEN RABIN, PLAINTIFF, DERRICK BROWN Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN To: DERRICK BROWN c/o Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 TAKE NOTE that the deposition of the Plaintiff, DERRICK BROWN, will be taken before a person duly authorized to administer oaths on Monday, February 19, 2008, at 10:00 a.m. in the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, 1017 Mumma Road, Lemoyne, Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of January, 2008. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA '9106 By: SUMMERS, McDONNELL, HUDOCK, GUTHRIE & 1c"EEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant March 3, 2008 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: Enclosed please find a Notice scheduling your client's deposition for Friday, March 28, 2008, at 11:00 a.m., at my office located at 1017 Mumma Road, Lemoyne, PA 17043. As discussed with Eileen from your office, my client will present for her deposition testimony at 12:30 p.m. Additionally, I will schedule the court reporter. Should you have any questions regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. NOTICE OF DEPOSITION OF ELLEN RABIN, PLAINTIFF, DERRICK BROWN Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. 1183058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN To: DERRICK BROWN c/o Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 TAKE NOTE that the deposition of the Plaintiff, DERRICK BROWN, will be taken before a person duly authorized to administer oaths on Friday, March 28, 2008, at 11:00 a.m. in the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, 1017 Mumma Road, Lemoyne, Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3rd day of March, 2008. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant April 10, 2008 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: Enclosed please find a Notice of Deposition scheduling your client's deposition to take place on Thursday, May 22, 2008 at 11:00 a.m. at my office. I will obtain the court reporter. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV:kan Enclosure 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. NOTICE OF DEPOSITION OF ELLEN RABIN, PLAINTIFF, DERRICK BROWN Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN To: DERRICK BROWN c/o Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 TAKE NOTE that the deposition of the Plaintiff, DERRICK BROWN, will be taken before a person duly authorized to administer oaths on Thursday, May 22, 2008, at 11:00 a.m. in the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, 1017 Mumma Road, Lemoyne, Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN has been mailed by U.S. Mail to counsel of record via first class mail, postage pre,-Paid, this day of , 2008. Alvin F. de Levie, Esquire Public Ledger Buildin i, --'te 940 150 South Independence Mall West Philadelphia, PA 1 106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & Sty =^L, L.L.P. By: Kevin D. F -h, Esquire Counsel f Defendant A// May 30, 2008 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: Enclosed please find a Notice of Deposition scheduling your client's deposition to take place at my office on Thursday, July 24, 2008, at 11:00 a.m. I will obtain the court reporter. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. NOTICE OF DEPOSITION OF ELLEN RABIN, PLAINTIFF, DERRICK BROWN Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN To: DERRICK BROWN c/o Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 TAKE NOTE that the deposition of the Plaintiff, DERRICK BROWN, will be taken before a person duly authorized to administer oaths on Thursday, July 24, 2008, at 11:00 a.m. in the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, 1017 Mumma Road, Lemoyne, Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of , 2008. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant August 1, 2008 Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 RE: Brown v. Rabin Our File No. 15055 Dear Mr. de Levie: Pursuant to our conversation, enclosed please find a Notice of Deposition scheduling your client's deposition to take place at my office on Wednesday, September 24, 2008, at 12:15 p.m. It is my understanding that you would like to also take my client's deposition beginning at noon. As such, I have instructed her to appear at my office at that time. As previously agreed, I will obtain the court reporter to the depositions. Please also allow this letter to confirm our conversation that you concur in a Motion to Compel the Plaintiffs deposition at the time above. I will forward you a copy as I file it with the court. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. NOTICE OF DEPOSITION OF ELLEN RABIN, PLAINTIFF, DERRICK BROWN Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, V. NO. 06-6322 ELLEN RABIN, (Jury Trial Demanded) Defendant. NOTICE OF DEPOSITION OF PLAINTIFF DERRICK BROWN To: DERRICK BROWN c/o Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 TAKE NOTE that the deposition of the Plaintiff, DERRICK BROWN, will be taken before a person duly authorized to administer oaths on Wednesday, September 24, 2008, at 12:15 p.m. in the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, Suite 300, 1017 Mumma Road, Lemoyne, Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, Plaintiff, V. ELLEN RABIN, Defendant. CIVIL DIVISION NO. 06-6322 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2008, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff, Derrick Brown, attends his deposition scheduled to take place on Wednesday, September 24, 2008, at 12:15 p.m., at the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., located at 1017 Mumma Road, Suite 300, Lemoyne, PA 17043. J. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL PLAINTIFF'S DEPOSITION has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 11"b j+_ 2008. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Ai_ Rcl? (? vv Kevin D. Rauch, Esquire Counsel for Defendant c? , L CO ?}tl } AUG 1 1 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, Plaintiff, V. ELLEN RABIN, Defendant. CIVIL DIVISION NO. 06-6322 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this l Z day of 2008, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff, Derrick Brown, attends his deposition scheduled to take place on Wednesday, September 24, 2008, at 12:15 p.m., at the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., located at 1017 Mumma Road, Suite 300, Lemoyne, PA 17043. . "N 'dlN'd11WNN3d 9 { q add z 1 911V OR AUViC Nm)iiOdd 3Hi d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. PETITION FOR APPOINTMENT OF ELLEN RABIN, BOARD OF ARBITRATORS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, Plaintiff, V. ELLEN RABIN, Defendant. CIVIL DIVISION NO. 06-6322 (Jury Trial Demanded) PETITION FOR APPOINTMENT OF BOARD OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Rauch, Esquire, and Erick V. Violago, Esquire, counsel for the Defendant in the above action, respectfully represent that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is within the arbitration limits of Cumberland County. The following are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Kevin D. Rauch, Esquire; Erick V. Violago, Esquire; and Alvin F. de Levie, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE K L, L.L.P By: Kevi D ch, squire Erick V. iolago, Esquire Counsel for Defendant . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF BOARD OF ARBITRATORS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of QJ, n , 2009. Alvin F. de Levie, Esquire Public Ledger Building, Suite 940 150 South Independence Mall West Philadelphia, PA 19106 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ----7 By: Kevin D. Raucli K--quire Erick V. Violago, Esquire Counsel for Defendant rv ?rj ?= ? ? -? ?-? SLs ? d _. ?? °^' ? "r --.Yt =- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, Plaintiff, V. ELLEN RABIN, Defendant. CIVIL DIVISION NO. 06-6322 (Jury Trial Demanded) ORDER A D OW, in consi eration of the foregoing Petitioner, ,o A- Esqui ! Esquire, and ,9 Esq ire are appointed in the abbve-captioned action as pra d for. 01 BY T COU J. M`me' ,- ors Kcca ?V+n ? w`e 1 N O i-L p1 ?'' Ll Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. O b- 6 3 12-- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United of this Commonwealth and that we will discharge the duties of our office Signature 116 Name Law Fir 3SY Al ry,4., - sP^?? NJ s- Address 5Ufte 4 Address 6a-kl c Pa 17015-- 4f A1, 6'? / City, Zip City, Zip ' to 4 LAW DTI-ce-s Law Firm to _: Address city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) name if Date of Hearing:TvK q, 70D9' Date of Award: Vi-? Y. 200 S Notice of Enb*V Award Now, the day of 20D I , at /-'-? y , ) M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3.C6, ao By: Prothonotary' Deputy e Name Law Firm RF OF THE PPOT140NOTARY 2M9 JUN -5 PH 1: 34 PENNSYl.Vf NLA G,/S/OR - (I I `sus' Mac LEJ-40 R;? K .qw-A.? VOL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, CIVIL DIVISION Plaintiff, NO. 06-6322 V. NOTICE OF APPEAL FROM AWARD OF ELLEN RABIN, ARBITRATORS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #15055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DERRICK BROWN, Plaintiff, V. ELLEN RABIN, Defendant. CIVIL DIVISION NO. 06-6322 (Jury Trial Demanded) NOTICE OF APPEAL FROM AWARD OF ARBITRATORS TO: Prothonotary Notice is given that the Defendant, Ellen Rabin, appeals the award entered by the Arbitrators on June 5, 2009. I certify that the compensation of the Arbitrators has been paid. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: (" Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF APPEAL FROM AWARD OF ARBITRATORS has been mailed by U.S. Mail to counsel ?a of record via first class mail, postage pre-paid, this day of 2009. Alvin F. de Levie, Esquire 2 Penn Center 1500 JFK Boulevard, Suite 1700 Philadelphia, PA 19102 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 1<1--\ (C V" Kevin D. Rauch, Esquire Counsel for Defendant FiLED-%)??c ICE OF THE F IC H %OTAPY 2009 JUL -2 PH 2: 2 6 CU IV: , s {°?R, -3?'ql) , ec') /t-/ - e4 53C, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ALVIN F. de LEVIE, ESQUIRE 2 Penn Center 1500 JFK Boulevard, Suite 1700 Philadelphia, PA 19102 I.D. 23245 215-351-1100 215-351-0257(Fax) Attorney for Plaintiff Derrick Brown Plaintiff V. Ellen Rabin Defendant Civil Division No: 06-6322 ORDER TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter, settled, discontinued and ended of record, upon payment of your costs only. BY: ALVIN F. de LEVIE, ESQUIRE Attorney for Plaintiff OF THE 2009 AUG 27 PH 1: 02