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Home My WebLink About06-7126ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 331934 ORIGINAL IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEPHONE 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 TELEFONO 717-249-3166 331934 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04. - 7121, CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Edward Granke II, a minor, having been born on September 30, 1989, is a citizen of the Commonwealth of Pennsylvania who resides in New Cumberland, Cumberland County, Pennsylvania, with his parents, Plaintiffs Lynn and Edward W. Granke. 2. Defendant Korey Stock, a minor, is a citizen of the Commonwealth of Pennsylvania who resides at 1702 Elm Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The facts and occurrences hereinafter related took place on or about February 8, 2006, at approximately 7:30 p.m., on Interstate 83, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Edward Granke, II, was a rear seat passenger in a 1993 Ford Taurus driven by Defendant Stock that was traveling in a northbound direction on Interstate 83. 5. As Defendant Stock traveled north on Interstate 83, he was traveling at a high rate of speed and lost control of his vehicle, causing it to roll. 331934 6. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by the Plaintiffs are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Stock operated his motor vehicle as follows: a) failure to stay within his lane of travel; b) failure to travel at a safe speed; c) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; d) failure to keep proper and adequate control over his vehicle; and e) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Edward Granke, II, a minor, by and through his parents and natural guardians Lvnn Granke and Edward W. Granke v. Korey Stock 7. Paragraphs 1 through 6 of the Complaint are incorporated herein by reference. 8. Plaintiff Edward Granke, II, sustained painful and severe injuries, which include but are not limited to, scalp laceration, left fronto-temporal skull fracture with epidural hematoma, left hand ring finger fracture, multiple hand lacerations, left nondisplaced ulnar styloid fracture, nondisplaced left zygomatic fracture, and multiple contusions and abrasions. 9. As a result of the aforementioned injuries, Plaintiff Edward Granke, II, has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 10. As a result of the aforesaid injuries, Plaintiff Edward Granke, II, has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 331934 2 11. Plaintiff Edward Granke, II, continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 12. As a result of the aforesaid accident, Plaintiff Edward Granke, II, has sustained scars which will result in a permanent disfigurement, and claim is made therefor. CLAIM II Lynn Granke and Edward W. Granke Individually v Korey Stock 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference. 14. By reason of the aforesaid injuries sustained by minor Plaintiff Edward Granke, II, his parents, Lynn and Edward W. Granke, were forced to incur liability for medical treatment, medication, therapy, surgery, and similar miscellaneous expenses in an effort to restore their son to health, and claim is made therefor. 15. Because of the nature of minor Plaintiffs injuries, Plaintiffs Lynn and Edward W. Granke have been advised and therefore aver that they may be forced to incur similar expenses in the future on behalf of their son, and claim is made therefor. WHEREFORE, Plaintiffs Edward Granke, II, a Minor, by and through his parents and natural guardians, Lynn and Edward W. Granke; and Lynn and Edward W. Granke, Individually, 331934 3 demand judgment against Defendant Korey Stock in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. Q9?z_ David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Date: Attorney for Plaintiffs ? l 331934 4 VERIFICATION We, Lynn Granke and Edward W. Granke, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. '04? dje? Ly Granke Edward W. Granke Dated: 331934 WITNESS: i ZR O -? ) V f._ r.? 177 r r? i 'll L? 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs, Civil Division No. 06-7126 Civil Term PRAECIPE FOR APPEARANCE Filed on behalf of the Defendant v. KOREY STOCK Defendant. Counsel of Record for this Party Kevin D. Rauch, Esquire I.D. #83058 Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE II, a Minor, by and CIVIL DIVISION through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKI and LYNN GRANKE and EDWARD W. NO. 06-7126 Civil Term GRANKE, Individually, Plaintiffs, (Jury Trial Demanded) V.. KOREY STOCK 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, KOREY STOCK, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ` F-E',a)0! in D. Rauch, Euii rnev for Defendant } CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of December, 2006. David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 By: ? vin D. Rauch, Esquire Attorney for Defendant ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO I To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on February 8, 2006, at approximately 7:30 p.m. you were involved in a motor vehicle accident on Interstate 83? Admit Deny 346374 2. Do you admit that at the time of the subject accident, Edward Granke, II, was a rear-seat passenger in a 1993 Ford Taurus? Admit Deny 3. Do you admit that as you were traveling north on Interstate 83, you were traveling at a high rate of speed? Admit Deny 4. Do you admit that as you were traveling north on Interstate 83, you lost control of your vehicle, causing it to roll? Admit Date: Deny ANGINO & ROVNER, P.C. ?__WF David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 346374 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: ? I ? -- 0 346374 ? ? <: ? ? -n ..+?" ' 'C. '? . i C..-- ? ?t V T?19 ?:... ' tt; v ii ..S oaf / ? f > C'? I '" .r , _.- r ? r^" ? .? ? Y? te .a-- ? ..-4 r` ? .` • -. .? r ` ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO 2 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that you negligently operated your motor vehicle and caused a motor vehicle accident on February 8, 2006? Admit Deny 346378 12. Do you admit that as a result of your negligence in causing an accident on February 8, 2006, Edward Granke, II, was injured? Admit Date: Deny ANGINO & ROVNER, P.C. 9t David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 346378 1 1% CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.2 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: r 4 M ?eraets 346378 C?? C7 " r ri . G 1 ° TI _. V. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.4 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on February 8, 2006, you were operating a Ford Taurus and that Joseph Reiprich, Lester Ginanni, and Edward Granke, II, were passengers in your vehicle? Admit Deny 347777 2. Do you admit that as your vehicle traveled north in Interstate 83, you lost control of your vehicle? Admit Deny 3. Do you admit that as a result of losing control of your vehicle, it hit an embankment and after striking the embankment, your vehicle flipped onto its roof and traveled back across the right and left lane of Interstate 83 north and struck the concrete barrier? Admit Deny ANGINO & ROVNER, P.C. R? r' David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Date: Attorney for Plaintiffs 347777 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.4 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant M T. eraets Dated: -\ 1 347777 F m x CZ) ) f AJ ? r • a p i V "1 Y • C ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 3 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on February 8, 2006, you were traveling northbound on Interstate 83 in the left lane and passed a vehicle in the right lane immediately before the subject motor vehicle accident? Admit Deny 347770 2. Do you admit that on February Interstate 83 in the left lane and passed a vehicle hour before the subject motor vehicle accident? Admit 8, 2006, you were traveling northbound on in the right lane traveling 75 to 80 miles per Deny 3. Do you admit that immediately before the subject motor vehicle accident, your vehicle went from the left lane, across the right lane, off the berm of Interstate 83 and struck an embankment? Admit Deny 4. Do you admit that after your vehicle struck the embankment, it flipped onto its roof and slid back across the right and left lanes of northbound Interstate 83, striking the medial concrete barrier? Admit Deny ANGINO & ROVNER, P.C. MY David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs Date: 347770 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.3 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: d r?lary Gerae 347770 C7 ? Yf. C?7 I'S1? N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 1 V. KOREY STOCK, 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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 1 Admitted. 2. Admitted. 3. Denied as stated. Defendant does not know how the term "high rate of speed," is defined for purposes of this litigation as the same is vague and overly broad. By way of further answer, the Defendant cannot answer the question as stated as his speed was different at various times while traveling on 1-83 North. T he Defendant estimates that he was traveling approximately 70 to 75 miles per hour prior to the accident. However, the Defendant did not look at the speedometer immediately preceding the accident and cannot state for certain his speed. 4. Denied as stated. Defendant admits that he was traveling north on Interstate 83 when the accident occurred. However, the Defendant does not know what caused the car to roll. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By; L- -b Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION I, KOREY STOCK, hereby verify that my Answers to Plaintiffs Request for Admission - Set 1 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. REY STOCK Dated: 5 0 17 #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 1 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 'A s4- day of February, 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: L,?, D? - Kevin D. Rauch, Esquire Counsel for Defendant rt` rrt ca tfil Lo c C) Jrn .. ` ? - C ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs V. KOREY STOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.5 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 2006? 1. Do you admit that you were involved in a motor vehicle accident on February 8, Admit Deny 347780 2. Do you admit that after the subject motor vehicle accident, you spoke with Diana Wilt, a witness to the accident? Admit Deny 3. Do you admit that after the subject motor vehicle accident, you advised Diana Wilt that you were having trouble with your steering? Admit Deny Date: ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 347780 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 5 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Mary T. eraets Dated: ? _ -??l . 347780 r-a rri IrT, -- Y - St1 yA ? i ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.6 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on February 8, 2006 you were operating a 1993 Ford Taurus traveling north on Interstate 83 immediately before the subject motor vehicle accident? Admit Deny 349270 I@. 2. Do you admit that as you were traveling north on Interstate 83, you lost control of your vehicle and caused it to collide into the concrete median in the middle of Interstate 83 and thereafter your vehicle went into the embankment on the east side of the road where your vehicle rolled? Admit Date: Deny ANGINO & ROVNER, P.C. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 349270 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law fum of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 6 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant chelle M. Milojevich Dated: 349270 - g1 T 72 ( -TO ?:. Ca3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 ANSWERS TO REQUEST FOR ADMISSIONS TO DEFENDANT'S SET NO.2 V. KOREY STOCK, 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 #15143 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, Il, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO.2 1. Denied as stated. The above-referenced Request for Admission is a two-part question. The Defendant agrees that a motor vehicle accident occurred on February 8, 2006. However, the Defendant denies that he negligently operated his motor vehicle. By way of further answer, the accident was caused by a superseding intervening cause beyond the control of the Defendant. 12. Denied as stated. It is admitted that the Plaintiff was injured as a result of the accident. However, the Plaintiffs injuries were not a result of the Defendant's negligence. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE NSKFZ42L.L.P. By:_ K vin D. Rauch, Esquire Counsel for Defendant A. VERIFICATION I, KOREY STOCK, hereby verify that my Answers to Plaintiff's Request for Admission - Set 2 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. K EY STOCK Dated: #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 2 has been mailed by U.S. Mail to counsel of record via first 2007. class mail, postage pre-paid, this ? ay of David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SK)EEL, J.L.P. By: n D. Rauch, Esquire nsel for Defendant t? p C. "n "T1 r ? T7' G F 1 t z , T ' ' C C'7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 ANSWERS TO REQUEST FOR ADMISSIONS TO DEFENDANT'S SET NO. 3 V. KOREY STOCK, 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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 3 1. Denied. The Defendant was never in the left-hand lane of Interstate 83 preceding the accident. 2. Denied as stated. The Defendant was never in the left-hand lane onto Interstate 83 preceding the accident. The Defendant estimates that he was traveling at 70 to 75 miles per hour prior to the accident. However, the Defendant did not look at the speedometer prior to the accident. 3. Denied. 4. Denied as stated. The Defendant's car went from the right lane to the left lane, ultimately ending up in the left lane of travel, resting on its roof. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE A SKEE,b. L.L.P. By: -- evin D. Rauch, Esquire Counsel for Defendant VERIFICATION I, KOREY STOCK, hereby verify that my Answers to Plaintiff's Request for Admission - Set 3 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. - Z/ ??? S& ?-- . EKCkEY STOCK Dated: i #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 3 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of March, 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: / ? Kevin D. auch, Esquire Counsel for Defendant C?? ? _ i ` - "`,? x'41 ??. ? ? ? ?? ti ? -' - 3 -?`? -? i ?C7 ? .? ? t , ?? --C .? ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 ANSWERS TO REQUEST FOR ADMISSIONS TO DEFENDANT'S SET NO.4 V. KOREY STOCK, 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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO.4 1. Admitted. 2. Denied as stated. Defendant admits that he was traveling north on Interstate 83 when the accident occurred. However, the Defendant does not know what caused the car to roll. 3. Denied as stated. It is denied that the Defendant lost control of the vehicle. By way of further answer, the Defendant does not recall whether he struck the embankment or the concrete barrier. However, it is admitted that the vehicle flipped onto its roof where it came to rest in the left lane of traffic. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 4i SKEEL, L.? .P. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION I, Korey Stock, hereby verify that my Responses to Plaintiffs' Request for Admissions - Set 4 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. K took Dated:-3/ / 1O a2 #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 4 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 16th day of March, 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &_SKEEL. I.A.P. evin D. Rauch, Esquire Counsel for Defendant ? ? 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 ANSWERS TO REQUEST FOR ADMISSIONS TO DEFENDANT'S SET NO. 5 v. KOREY STOCK, 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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 5 1. Admitted. 2. Denied as stated. Defendant does not recall whom he spoke with after the subject motor vehicle accident. 3. Denied as stated. It is admitted that a malfunction may have caused the car to suddenly and erratically move to the right. By way of further answer, the Defendant does recall speaking with a witness, but does not recall whom he spoke with. Additionally, the Defendant does not recall the substance of the conversation. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L,,4.P. By: / ee vin D. Rauch, Esquire un sel for Defendant VERIFICATION I, Korey Stock, hereby verify that my Responses to Plaintiffs' Request for Admissions - Set 5 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Dated. 31,010 #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 5 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of OK\a_?L -, 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: X"z K vin D. Rauch, Esquire Counsel for Defendant ra ? O s J .? C N ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' PETITION FOR A RULE TO SHOW CAUSE AND NOW come Edward Granke, II, a minor by and through his parents and natural guardians, Lynn Granke and Edward W. Granke, and Lynn Granke and Edward W. Granke, Individually, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by David L. Lutz, Esquire, and respectfully asks your Court to enter a Rule upon the Defendant to show cause why the Defendant should not file full and complete responses to the outstanding discovery and pay counsel fees associated with filing this Petition. In support thereof, Plaintiffs aver the following: 351139 1 3. The Petition shall be decided under Pa.R.C.P. 206.7. 4. Discovery responses shall be completed within days of this date. 5. Argument, if necessary, shall be held on , 2007, in courtroom of the Cumberland County Courthouse. 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: I Distribution David L. Lutz, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 717/238-6791 FAX 717/238-5610 dlutz@angino-rovner.com Attorney for Plaintiff Kevin D. Rauch Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 717/ 901-5916 FAX 717/ 920-9129 krauch@summersmcdonnell.com Attorney for Defendant 351139 2 1. On December 14, 2006, the Plaintiffs filed an action against the Defendant as the result of a motor vehicle accident collision that occurred on February 8, 2006. The Plaintiff, Edward Granke II, was a rear-seat passenger in a vehicle driven by the Defendant. The Plaintiffs' Complaint aver that the Defendant, traveling north on I-83, was traveling at a high rate of speed and lost control of his vehicle causing it to roll. As a result of the collision, the Plaintiff Edward Granke II avers that he sustained bodily injuries. 2. The Complaint was served upon the Defendant on December 15, 2006. 3. Defendant's counsel, Kevin Rauch, entered his appearance on December 27, 2006. 4. On January 5, 2007, Plaintiffs' counsel served defense counsel with Interrogatories and Request for Production of Documents. The cover pages of the Plaintiffs' discovery requests are attached hereto as Exhibit "A." 5. Responses to the discovery were not forthcoming and therefore, in a letter dated February 2, 2007, attached hereto as Exhibit "B," Plaintiffs' counsel corresponded with defense counsel and requested that the Defendant "file complete responses to the Plaintiffs' discovery by the end of February 2007." 6. To date, the Defendant has failed to file responses to the outstanding discovery. 7. A Judge has not ruled upon any issue in this case or any related matter. 8. Pursuant to Cumberland County Local Rule 208.2(d), Plaintiffs' counsel obtained the "non-concurrence" from defense counsel. 9. Pursuant to Pa.R.C.P. 4006 and Rule 4009.11, the Defendant has failed to respond to the Plaintiffs' Interrogatories and Request for Production of Documents within 30 days. 10. Pursuant to Pa.R.C.P. 4019, the Court may, on motion, make an appropriate order for sanctions if a party fails to serve answers to written interrogatories under Rule 4005 351139 2 or a party, in response to a request for production of documents under Rule 4009, fails to respond. 11. Plaintiffs counsel is of the belief that it is the Defendant's insurer that has been dilatory and not defense counsel. WHEREFORE, the Plaintiffs/Petitioners respectfully request that your Court enter a Rule to Show Cause why the Defendant should not timely file responses to the outstanding discovery before April '?, , 2007, and pay the Plaintiffs/Petitioners' counsel fees associated with filing said Petition. Respectfully submitted, ANGINO & ROVNER, P.C. 4ikd. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com 0112-.110-7 Attorney for Plaintiff Date: 351139 3 ?,Xhibif A ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANK.E II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRAANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' INTERROGATORIES PROPOUNDED UPON DEFENDANT - SET NO. 1 ANGINO & ROVNER, P.C. --?? Date: ? ,.- L. Lutz I.D. No.35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 343809 F,xh(*bl+ 6 ANGINO & Rc VNER, P.C. 4503 NORTH FRONT STREET HARRLSSVRG, PA 1711x1799 717/23&6791 FAX 717/236-5610 RICHARD C. ANGINO MICHAEL E Kom NEIL J. ROWER RICHARD A. SADLOCK JOSEPH M. MELILLO LISA M. B. wooDSURN DAVID L LUTz DARYL E. CHRISTOPHER VV-.V W.ANGINO•ROVNER.COM E-MAIL-- DLUTZ@ANGINO-ROVNER.COM February 2, 2007 Kevin Rauch, Esquire Summers, McDonnell, et al.- 10 17 Mumma Road Lemoyne, PA 17043 Re: Granke v. Stock Dear Kevin: Receipt of your January 30, 2007, correspondence is acknowledged. However, given the strained conversations that I have had with the State Farm claims representative, I would respectfully request that you file an Answer to the Complaint by February 16, 2007. I would also ask that you file complete responses to the Plaintiffs' discovery by the end of February 2007. Lastly, please file timely responses to the Plaintiffs' Request for Admissions - Set No. 1. Alternatively, the case can be settled. Very truly yours, David L. Lutz DLL:mtg 347540 CERTIFICATE OF SERVICE I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PETITION upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: March a ? 3 12007 G Kathy oney 351139 4 -r, n ri,? Vn Fn VERIFICATION I, Korey Stock, hereby verify that my Responses to Plaintiffs' Request for Admissions - Set 6 are true and correct to the best of my information, kno?tledge and belief. I understand that the statements are made subject to the penaltie?lPf PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Stock Dated: ?4(- 6 j #15143 c7 ? b C` G'a -...? " i7 ?_i ? ?, ? r;'-- ? ? N ? TMs '- ?.:+: ?? -? t-} :.? L.... ' ? Ci"1 r ?, CX? ? 7y ' """ • ? l!? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NNSYLVANIA EDWARD GRANKE II, a Minor, by and Civil Division through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; No. 06-7126 Civil Term LYNN GRANKE and EDWARD W. GRANKE, Individually, ANSWER AND NEW MA' Plaintiffs, V. KOREY STOCK Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from rvice hereof or a judgment may ere hoinst you. Surfmer`s, McDonnell, Hudock, Gu hrie & Skeel, L.L.P. #15143 Filed on behalf of the Defendant Counsel of Record for this Kevin D. Rauch, Esquire I.D. #83058 Summers, McDonnell, Hudo , Guthrie & Skeel, L.L.P. Firm #911 1017 Mumma Road, Suite 3? Lemoyne, PA 17043 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, EDWARD GRANKE If, a Minor, by and CIVIL DIVISION through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; LYNN GRANKE and EDWARD W. GRANKE, NO. 06-7126 Civil Term Individually, Plaintiffs, (Jury Trial Demanded) V. KOREY STOCK Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Korey Stock, by and through NSYLVAN IA counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Ra h, Esquire, and files the following Answer and New Matter and in support thereof aver is follows: 1. After reasonable investigation, the Defendant has insufficient i rmation as to the truth or falsity of said averments, therefore said averments are den'j* and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that the Dendant was traveling north on Interstate 83. The remainder of the allegations in par raph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof $ demanded at the time of trial. 6. Paragraph 6, and all its subparts, state legal conclusions ?q which no response is required. To the extent, however, that a response is deemed neOssary, 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, Korey Stock, respectfully requests t i' Honorable Court enter judgment in his favor and against the Plaintiff with costs Id prejudice imposed. CLAIM I 7. In response to paragraph 7, the Defendant reiterates and r' eats all her responses in paragraphs 1 through 6 as if fully set forth at length herein. 8. Paragraph 8 states a legal conclusion to which no response is quired. To the extent, however, that a response is deemed necessary, said avermen are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is de nded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is'r quired. To the extent, however, that a response is deemed necessary, said avermen are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is de ded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no respon To the extent, however, that a response is deemed necessary, said avermen $ generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is dem time of trial. s required. are denied ided at the 11. Paragraph 11 states a legal conclusion to which no respons required. To the extent, however, that a response is deemed necessary, said avermen are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is derfionded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no respon is required. To the extent, however, that a response is deemed necessary, said averme t are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is de time of trial. WHEREFORE, Defendant, Korey Stock, respectfully requests Court enter judgment in his favor and against the Plaintiff with costs imposed. CLAIM II 13. In response to paragraph 13, the Defendant reiterates and ded at the Honorable prejudice ats all her responses in paragraphs 1 through 13 as if fully set forth at length herein. 14. Paragraph 14 states a legal conclusion to which no respons is required. To the extent, however, that a response is deemed necessary, said avermen' are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is de ded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no responsolls required. To the extent, however, that a response is deemed necessary, said avermenj*1are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is d at the time of trial. NEW MATTER 16. The motor vehicle accident in controversy is subject to the Motor Vehicle Financial Responsibility Law and this Defendant asserts, defenses, all rights, privileges and/or immunities accruing pursuant to said 17. Some and/or all of Plaintiffs claims for damages are item detriment which are or could be compensable pursuant to either the Pen nnsylvania affirmative economic is Motor Vehicle Financial Responsibility Law and/or other collateral sources and sanJJ may not be duplicated in the present lawsuit. 18. To the extent that the Plaintiff has selected the limited to ption or is deemed to have selected the limited tort option then this Defendant sets forto'', the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law a' Plaintiffs ability to recover non-economic damages. 19. Defendant lost control of his vehicle prior to impact i superseding/intervening cause of a mechanical failure in the vehicle. WHEREFORE, Defendant, Korey Stock, respectfully requests thi' Court enter judgment in her favor and against the Plaintiff with costs a' bar to the to the Honorable I prejudice imposed Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL LbP. By: in. Rauch, Esquire unsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing AO$WER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via fi4t class mail, postage pre-paid, this ?:)j 4 day of ti c.r ; h , 2007. David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 By: ( = T - Kevin D. Rauch, Esquire Attorney for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing on; that the foregoing ANSWER AND NEW MATTER is based upon information ich he has furnished to his counsel and information which has been gathered by his unsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MA ER is that of counsel and not of the Defendant. Defendant has read the ANSWE AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER i flbased upon information which he has given to his counsel, it is true and correct to t, best of his knowledge, information and belief. To the extent that the content of the A WER AND NEW MATTER is that of counsel, he has relied upon counsel in making', is Affidavit. Defendant understands that false statements herein are made subject to tholpenalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Z/ Stock #15143 :l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE SYLVANIA EDWARD GRANKE, II, a minor, by and CIVIL DIVISION through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, NO. 06 - 7126 ANSWERS TO REQUEST FOR ADMISSIONS TO DEF DANT'S SET NO. 6 V. KOREY STOCK, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defend Counsel of Record for This Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, H OCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 30, Lemoyne, PA 17043 (717) 901-5916 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE EDWARD GRANKE, 11, a minor, by and CIVIL DIVISION through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and NO. 06 - 7126 EDWARD W. GRANKE, individually, Plaintiffs, (Jury Trial Demanded) V. KOREY STOCK, Defendant. ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET 1. Admitted. 2. Denied as stated. It is admitted that an accident occurred on Inter Defendant does not recall colliding with the concrete median in i Interstate 83. However, the Defendant admits that the vehicle rolled the accident, thereby coming to a rest in the left hand lane of 1-83. Respectfully submitted, SUMMERS, McDONNELL, DOCK, GUTHRIE & SKEEL,L.L.V By: K vi a ch, Esquire C unsel for Defendant SYLVAN IA e 83. The middle of a result of VERIFICATION I, Korey Stock, hereby verify that my Responses to Plaintiffs' Request for Admissions - Set 6 are true and correct to the best of my information, kr 4wledge and belief. I understand that the statements are made subject to the penaltiO4 of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Stock i" Dated: 31(", / C) ) #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 6 has been mailed'bv U.S. Mail to counsel of record via first class mail, postage pre-paid, this 27th day of Mich, 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Ke in D. Rauch, _Es-qtni C unsel for Defendant n ? r= v - ' ?' EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE, and LYNN GRANKE and EDWARD W.: GRANKE, Individually, Plaintiffs vs. KOREY STOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7126 CIVIL JURY TRIAL DEMANDED IN RE: PETITION FOR A RULE TO SHOW CAUSE ORDER AND NOW, this '70- day of March, 2007, argument on the within petition for a rule to show cause is set for Thursday, May 17, 2007, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. avid Lutz, Esquire For the Plaintiffs vin Rauch, Esquire, For the Defendant rlm BY THE COURT, I on• I 1=Id Off' !' g °y HE -Mi ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO THE DEFENDANT'S NEW MATTER 16. through 19. The Defendant's New Matter, paragraphs 16 through 19, fails to set forth any factual allegations that require the Plaintiffs to admit and/or deny said factual allegations. The factual allegations contained in the Plaintiffs' Complaint are incorporated herein by reference. ORIGINAL 352591 WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be dismissed. Date: GINO & ROVNER, P.C. DA4d L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 352591 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REPLY TO THE DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: ?, \\' v f ? M eraets 352591 co A ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.7 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Before the subject motor vehicle accident of February 8, 2006, do you admit that you were operating a Ford Taurus traveling north on Interstate 83, traveling approximately 70 to 75 miles per hour? Admit Deny 354746 ORIGINAL L 2. Do you admit that before the subject motor vehicle accident of February 8, 2006, the Ford Taurus that you were operating went from the right lane of Interstate 83 to the left lane of Interstate 83 and ultimately the Ford Taurus came to a rest in the left lane of travel of Interstate 83 on its roof? Admit Deny 3. Do you admit that you did not lose control of the Ford Taurus? Admit Deny ANGINO & ROVNER, P.C. aiL_ Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs Date: ?j 354746 ' M CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.7 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: b ' C7 K,kA Mar;t jeraets 354746 r-a rn. SHERIFF'S RETURN - REGULAR CASE NO: 2006-07126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRANKE EDWARD II MINOR ET AL VS STOCK KOREY TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon QTnru KnPWV the DEFENDANT , at 2000:00 HOURS, on the 15th day of December-, 2006 at 1702 ELM STREET NEW CUMBERLAND, PA 17070 by handing to KOREY STOCK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.96 Affidavit .39 Surcharge 10.00 .00 ?l? yiU l `? 43.35 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/18/2006 ANGINO & ROVNER By: Dep y Sherif A.D. EDWARD GRANKE, II, a Minor, by and through his: parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE, and: LYNN GRANKE and EDWARD W.: GRANKE, Individually, Plaintiffs V. KOREY STOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7126 CIVIL TERM IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 17th day of May, 2007, this matter_ having been called for argument, the pending motion is granted and the Defendant is ordered and directed to respond to outstanding discovery forthwith. By the Court, Kevin Hess, J. /avid L. Lutz, Esquire For the Plaintiffs 1 /eth T. Black, Esquire For the Defendant :lfh 0 h? ?... ,... ? = ; a?7 {? ? ,?_ -, iL '-- c? ,•. _. ? ?a c`_:::: ._ E .,; ?? ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.8 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on February 8, 2006, you were involved in a motor vehicle accident on Interstate 83 North while operating a 1993 Ford Taurus and that the vehicle rolled and came to a rest in the left lane of Interstate 83 North? Admit Deny 355744 . 2. Do you admit that after the subject motor vehicle accident, Pennsylvania State Trooper Grayer came to the scene of the accident? Admit Deny 3. Do you admit that you spoke with Pennsylvania State Trooper Grayer at the accident scene? Admit Deny 4. Do you admit that you told Pennsylvania State Trooper Grayer that you were traveling on I-83 northbound in the right lane when you lost control of your car which went off the right side of the road and hit the embankment causing the car to flip over? Admit Deny 5. Do you admit that you did not tell Pennsylvania State Trooper Grayer that the Ford Taurus malfunctioned? Admit Deny 6. Do you admit that Pennsylvania State Trooper Grayer completed a Police Crash Reporting Form as a result of the February 8, 2006, motor vehicle accident? Admit Deny 355744 7. Do you admit that the Police Crash Reporting Form completed by Pennsylvania State Trooper Grayer does not reference that your Ford Taurus malfunctioned? Admit Deny Date: ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 355744 A CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.8 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: 355744 c a C3 Fries W - r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO.7 V. KOREY STOCK, 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 #15143 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, V. KOREY STOCK, Defendant. CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 7 Denied as stated. Defendant estimates he was traveling at approximately 70 to 75 miles per hour prior to the accident. However, the Defendant did not look at the speedometer prior to the accident and cannot state, with specificity, the speed at which he was traveling immediately prior to the accident. 2. Admitted. 3. Denied as stated. It is denied that Defendant lost control of the vehicle. By way of further answer, the Defendant does not recall whether he struck the embankment or the concrete barrier. However, it is admitted the vehicle flipped onto its roof where it came to rest in the left lane of traffic. Respectfully submitted, By: SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant 1 .• VERIFICATION I, Korey Stock, hereby verify that my Responses to Plaintiffs' Request for Admissions - Set 7 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. K ey Stock Dated: #15143 40 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 7 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this J day of ? V-111- .2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant C"? a Q rn . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, V. KOREY STOCK, Defendant. CIVIL DIVISION NO. 06 - 7126 ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO.8 (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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, Il, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO.7 1. Admitted. 2. Denied as stated. Defendant recalls speaking with a Pennsylvania State Trooper, but is uncertain as to whether he spoke directly with State Trooper Grayer. 3. Denied as stated. Defendant recalls speaking with a Pennsylvania State Trooper, but is uncertain as to whether he spoke directly with State Trooper Grayer. 4. Denied as stated. Defendant recalls having a conversation with a State Trooper, but does not recall the substance of this conversation. 5. Denied as stated. Defendant recalls having a conversation with a State Trooper, but does not recall the substance of this conversation. 6. Admitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. (L- t' . ?L Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION I, Korey Stock, hereby verify that my Responses to Plaintiffs' Request for Admissions - Set 8 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. ey Stock Dated: 3 C) 12 #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 8 has been mailed by U.S. Mail n to counsel of record via first class mail, postage pre-paid, this Is day of 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 By: SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant qtr= ? ? i ' ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.9 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Before the subject motor vehicle accident of February 8, 2006, do you estimate that you were traveling approximately 70 to 75 miles per hour prior to the accident? Admit Deny 357422 2. Do you admit that the speed limit on Interstate 83 North in the area of the subject accident is 55 miles per hour? Admit Deny 3. Do you admit that your speed was not a factor in causing the vehicle to flip onto its roof where it came to rest in the left lane of traffic? Admit Date: Deny I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 357422 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.9 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: } ..` ; 357422 c. T -Ti Cn ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANDE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs (parry) intend 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 ORIGINAL 358505 upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 358505 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Edward Granke II, a minor, by and : through his parents and natural guardians, Lynn Granke and Edward W. Granke, et al. Plaintiffs : Korey Stock versus : No. 06-7126 Civil Term Defendant/s : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Freysinger Used Car Service Department 1537 Bridge Street New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents, including but not limited to, all maintenance records, invoices, state inspection records, and repair orders and records generated for a 1993 Ford Taurus, VIN 1FACP52U7PG109813, license plate no. GGX6086, owned by Karen Stock at 1702 Elm Street, New Cumberland, Pennsylvania, at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. 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 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: Address: Telephone: Supreme Court ID #: Attorney for: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 35956 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 358504 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the NOTICE OF INTENT TO SERVE SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: t 358505 l7 ? C?3 ??? ? tv 5 ? ;?_ ':v C)/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 9 V. KOREY STOCK, 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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, ll, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO.9 1. Objection. Plaintiffs request has been asked and answered. Without waiver of the foregoing objection, Defendant admits traveling approximately 70 to 75 miles per hour prior to the accident. 2. Admitted. 3. Denied as stated. By way of further answer, see deposition transcript of Korey Stock. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. (Z." By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION I, Korey Stock, hereby verify that my Responses to Plaintiffs' Request for Admissions - Set 9 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. K Stock Dated: 6- M-09 #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWERS TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET NO. 9 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this _ %5 _ day of '2007. David L. Lutz, Esquire Angino & Rower, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: IL j?- f21-1 Kevin D. Rauch, Esquire Counsel for Defendant CO ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney IN : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Freysinger Used Car Service Department As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs certify 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; 359149 (3) no objection to the subpoena has been received and per Attorney John Lucy's June 13, 2007, letter, attached, he has waived the 20 days; 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: ANGINO & ROVNER, P.C. C?t David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 359149 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GR.ANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs (party) intend 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 358505 upon the undersigned an objection to the subpoena If no objection is made the subpoena may be served. '•. 1 . Date: ?Q 5 ANG1NO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 358505 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Edward Granke H, a minor, by and : through his parents and natural guardians, Lynn Granke and Edward W. Granke, et al. Plaintiffs : Korey Stock versus : No. 06-7126 Civil Term Defendant/s : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Freysinger Used Car Service Department 1537 Bridge Street New Cumberland, PA 17070 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents, including but not limited to, all maintenance records, invoices, state inspection records, and repair orders and records generated for a 1993 Ford Taurus, VIN 1FACP52U7PG109813, license plate no. GGX6086, owned by Karen Stock at 1702 Elm Street, New Cumberland, Pennsylvania, at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. 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 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: Address: Telephone: Supreme Court ID #: Attorney for: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 35956 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 358504 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the NOTICE OF INTENT TO SERVE SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: U i ? 'IDq 358505 SUMMERS, MCDONNELL, • GUTHRIE & SKEEL, ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUDOCK, JR. 1017 MUMMA ROAD GREGG A. GUTHRIE LEMOYNE, PA 17043 PETER B. SKEEL PATRICK M. CONNELLY• PHONE: 717-901-5916 JEFFREY C. CATANZARITE FAX: 717-920-9129 KEVIN D. RAUCH June 13, 2007 David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 RE: Granke v. Stock Our File No. 15143 Dear Mr. Lutz: HUDOCK, L.L.P. JASON A. HINES ERIN M. BRAUN Guy E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA ERICK V. VIOLAGO JOHN A. LUCY ALSO ADMITTED IN WV Please be advised that I spoke with my client who indicated that his vehicle was previously inspected by Freysinger Used Cars Service Department located at 1537 Bridge Street, New Cumberland, PA 17070. However, he was not certain as to when the car was inspected. Further, he indicated that the car was repaired in either December of 2005 or January of 2006, but was unable to recall the location of this mechanic. He has agreed to attempt to locate this information and provide it to me as soon as possible. As I understand that you would like to subpoena the records from Freysinger Used Cars, I am willing to waive the 20-day notice period. However, I would ask that you provide me with any and all documents received as a result of the subpoena. In the meantime, should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. yours, ucy JAL:Iam PITTSBURGH OFFICE: GULF TOWER. SUITE 2400.7o7 GRANT STREET. PITTSBURGH. PA 15219 PHONE 412-261-3232 FAX 412-261-3239 . • I{' CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the CERTIFICATE PREREQUISITE TO SERVE SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant ,) Dated: 1 ? ! Mar, . eraets a 359149 C1 ?> ?, -n t'": ~ { ?. ? -n Wi S,d.. rt.?_ z E ?, r,?? ? (? ? ? _ ?? ?, ?.? 1 .?.en, "f t ?,;-, ?,c- ? ? 4 '._ ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 10 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that the attached Pennsylvania State Police report (Exhibit A), numbering 6 pages, constitutes the official crash report completed by State Trooper Grayer as a result of the subject motor vehicle collision of February 8, 2006? Admit Deny 359206 2. Do you admit that on the subject attached Pennsylvania State Police report, "Possible Vehicle Failure" indicates "None."? Admit Deny ANGINO & ROVNER, P.C. Davi L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs Date: 359206 P; SNLVANIA 1 I !? i TEn#) CORM ' {ta....d Crash NumN-r { rtable Crash` ,r {t,., P0848101 ice A? e? Patrol zone Tr, :_; ?,? 1 1 Precinct "i Investigator Badge Number Badge Number :f,-O¢PrOVai Date ",VA 4 -€ Municipal' Municipality Name Q sun C) s. Crash i'cme rrxP d ,_ CD Y, No of Units People Injured Injured Killed' *If > 00 Sctrsot Bus School Zone Notify PENNDO 15arwi?-j CD ?' 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Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 10 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant 4 I --- A I V M T. eraets l Dated: "7 - S -ul 359206 HIM C71 '7? >; - i L_7c i3 N) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, V. KOREY STOCK, Defendant. CIVIL DIVISION NO. 06 - 7126 MOTION FOR PROTECTIVE ORDER (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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. MOTION FOR PROTECTIVE ORDER AND NOW, comes the Defendant, Korey Stock, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and sets forth the following Motion for Protective Order and in support thereof avers as follows: 1. The above-captioned case arises out of a single motor vehicle accident which occurred on February 8, 2006, on 1-83 near the Simpson Ferry Road exit in Dauphin County, Pennsylvania. 2. On or about January 5, 2007, the Plaintiff propounded Interrogatories upon the Defendant, Set No. 1. 3. On or about March 2, 2007, the Plaintiff propounded Interrogatories upon the Defendant, Set No. 2. 3. On or about March 22, 2007, the Plaintiff propounded upon the Defendant Interrogatories, Set No. 3. 4. On or about March 26, 2007, the Plaintiff propounded upon the Defendant Interrogatories, Set No. 4. 5. On or about April 3, 2007, Defendant propounded upon the Plaintiff Interrogatories, Set No. 5. 6. On or about May 24, 2007, the Plaintiff propounded Interrogatories upon Defendant, Set No. 6. 7. The Plaintiffs Interrogatories propounded upon Defendant, Sets 1 through 6 total 46 separately numbered interrogatories without the addition of subparts. 8. The Defendant has responded to each and every separate interrogatory propounded upon the Defendant. 9. On or about January 19, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 1. 10. On or about February 2, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 2. 11. On or about February 16, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 4. 12. On or about February 22, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 5. 13. On or about February 26, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 6. 14. On or about May 8, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 7. 15. On or about May 22, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 8. 16. On or about June 12, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 9. 17. The Defendant has responded to Plaintiffs Request for Admissions to Defendant, Sets 1 through 9, in a timely fashion and within accordance with the Pa.R.C.P. 4014. 18. On or about July 5, 2007, the Plaintiff submitted Request for Admissions to Defendant, Set No. 10. (See Request for Admissions, Set No. 10, attached hereto as Exhibit "A"). 19. On or about July 16, 2007, Defense counsel contacted Plaintiffs counsel, via letter, and requested that he withdraw the Request for Admission, Set No. 10, as the Defendant has enlisted in the Army and is currently stationed at Fort Lindenwood, Missouri. 20. Plaintiffs counsel responded, via letter, to Defense counsel's request and declined to extend the deadline to respond to Request for Admissions No. 10. 21. Additionally, according to Cumberland County Local Rule 4005, the Plaintiff is precluded from propounding upon Defendant Interrogatories and/or Request for Admissions that exceed forty (40) in number. 22. As the Plaintiff has propounded approximately 46 separately numbered Interrogatories as well as 23 separately numbered Request for Admissions upon Defendant, the Plaintiff has exceeded the total amount of Interrogatories and/or Request for Admissions under Cumberland County Local Rule 4005. 23. As the Defendant has just begun Basic Training, Defense counsel has requested that the Defendant's mother keep him abreast of his current whereabouts. However, due to the nature and uncertainty of the Plaintiffs whereabouts as a newly recruited United States Army Soldier, Defense counsel is unable to have Defendant sign a Verification for Set No. 10 in a timely fashion. 24. Defense counsel has attempted to confer with Plaintiffs counsel regarding this motion. To date, Plaintiffs counsel has not responded. Therefore, Plaintiffs counsel has not concurred in this motion. 25. On March 30, 2007, upon Motion by the Plaintiff, an argument regarding outstanding discovery and petition to show cause was held before the Honorable Kevin A. Hess. Therefore, Judge Hess has previously ruled upon a related discovery issue. 26. No additional discovery is required to hear this motion. 27. Defense counsel respectfully requests argument on this motion, anticipate this argument to last 15 to 20 minutes. 28. Pursuant to Pennsylvania Rule of Civil Procedure 4012, the Defendant seeks a Protective Order prohibiting the discovery referenced above. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: ?' I, ?G- Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR PROTECTIVE ORDER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of A? 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. v Y\- Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ORDER AND NOW, TO WIT, this day of , 2007, it is hereby ORDERED, ADJUDGED, and DECREED that Defendant's Motion for Protective Order is granted. The Defendant shall not be required to respond to Plaintiffs Request for Admissions, Set No. 10, as it exceeds the Cumberland County Local Rule 4005. BY THE COURT: Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 J. a li 7 1 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 10 To: Defendant Korey Stock, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that the attached Pennsylvania State Police report (Exhibit A), numbering 6 pages, constitutes the official crash report completed by State Trooper Grayer as a result of the subject motor vehicle collision of February 8, 2006? Admit 359206 Deny r'* 2. Do you admit that on the subject attached Pennsylvania State Police report, "Possible Vehicle Failure" indicates "None."? Admit Deny ANGINO & ROVNER, P.C. Davi L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791-phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs Date: -1 359206 C) ° 0 l T1 ? xy, "I 1 3 -? ? `fy' • I d /yy j ( 77 om . .:j Gll ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' SECOND PETITION FOR A RULE TO SHOW CAUSE AND NOW come Edward Granke, II, a minor by and through his parents and natural guardians, Lynn Granke and Edward W. Granke, and Lynn Granke and Edward W. Granke, Individually, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by David L. Lutz, Esquire, and respectfully asks your Court to enter a Rule upon the Defendant to show cause why the Defendant should not file full and complete responses to the outstanding discovery and pay counsel fees associated with filing this Petition. In support thereof, Plaintiffs aver the following: 361979 1. In an Order dated May 17, 2007, attached hereto as Exhibit A, Your Court ordered the Defendant to respond to outstanding discovery. The Plaintiffs' initial Petition for Rule to Show Cause filed on March 23, 2007, is attached hereto as Exhibit B (without exhibits). 2. In a letter dated May 22, 2007, attached hereto as Exhibit C, Plaintiffs' counsel requested a response to Your Court's Order. 3. Furthermore, in a letter dated June 6, 2007, attached hereto as Exhibit D, Plaintiffs' counsel reiterated his request for responses to the outstanding discovery. 4. To date, the Defendant has failed to file adequate responses to the outstanding discovery. 5. Judge Hess has previously ruled upon the identical issue. 6. Pursuant to Cumberland County Local 208.2(d), Plaintiffs' counsel obtained the "non-concurrence" from defense counsel. 7. Pursuant to Pa.R.C.P. 4006 and Pa.R.C.P. 4009.11, the Defendant has failed to adequately respond to the Plaintiffs' outstanding discovery. 8. Pursuant to Pa.R.C.P. 4019, the Court may, on motion, make an appropriate order for sanctions. Such an order is particularly warranted in this case given the fact that Your Court has already ordered the Defendant to fully answer the outstanding discovery. WHEREFORE, the Plaintiffs/Petitioners respectfully request that Your Court enter a Rule to Show Cause Why the Defendant should not adequately respond to the outstanding discovery setting forth the admissible evidence seeking to prove that the Defendant lost control of his vehicle at the time of the subject motor vehicle accident as a direct result of a malfunction of the steering wheel in the vehicle being driven by the Defendant. Secondly, the Plaintiffs 361979 2 respectfully request that a hearing be scheduled so the Court may entertain the Plaintiffs/Petitioners' request for $1,000.00 in sanctions for counsel fees associated with filing the original Petition as well as the second Petition. ANGINO & ROVNER, P.C. David L. Lutz I.D. No.35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs Date: 361979 3 ?x N\Q? EDWARD GRANKE, II, a Minor, by and through his: parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE, and: LYNN GRANKE and EDWARD W.: GRANKE, Individually, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KOREY STOCK, CIVIL ACTION - LAW Defendant NO. 06-7126 CIVIL TERM IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 17th day of May, 2007, this matter having been called for argument, the pending motion is granted and the Defendant is ordered and directed to respond to outstanding discovery forthwith. By the Court, ::n/, - 9 Kevin Z): Hess, J. David L. Lutz, Esquire For the Plaintiffs Seth T. Black, Esquire For the Defendant : lfh EX AS ? 5 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of April, 2007, upon consideration of the foregoing Petition for a Rule to Show Cause, it is hereby ORDERED that: 1. A Rule is issued upon Defendant/ Respondent to show cause why the Defendant should not completely answer the Plaintiffs' Interrogatories and Request for Production of Documents and pay Plaintiffs' counsel fees. 2. The Defendant/Respondent shall file an Answer to this Petition within days of the date of this Rule. 331934 h 3. The Petition shall be decided under Pa.R.C.P. 206.7. 4. Discovery responses shall be completed within days of this date. 5. Argument, if necessary, shall be held on , 2007, in courtroom of the Cumberland County Courthouse. 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: J. Distribution David L. Lutz, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 717/238-6791 FAX 717/238-5610 dlutz@angino-rovner.com Attorney for Plaintiff Kevin D. Rauch Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 717/ 901-5916 FAX 717/ 920-9129 krauch@summersmcdonnell.com Attorney for Defendant 351139 2 ANGINO & ROVNER, P.C. David L. Lute Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com rQ ? C3 _ = : t . t Ti _ m EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' PETITION FOR A RULE TO SHOW CAUSE AND NOW come Edward Granke, II, a minor by and through his parents and natural guardians, Lynn Granke and Edward W. Granke, and Lynn Granke and Edward W. Granke, Individually, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by David L. Lutz, Esquire, and respectfully asks your Court to enter a Rule upon the Defendant to show cause why the Defendant should not file full and complete responses to the outstanding discovery and pay counsel fees associated with filing this Petition. In support thereof, Plaintiffs aver the following: 351139 1 1. On December 14, 2006, the Plaintiffs filed an action against the Defendant as the result of a motor vehicle accident collision that occurred on February 8, 2006. The Plaintiff, Edward Granke II, was a rear-seat passenger in a vehicle driven by the Defendant. The Plaintiffs' Complaint aver that the Defendant, traveling north on I-83, was traveling at a high rate of speed and lost control of his vehicle causing it to roll. As a result of the collision, the Plaintiff Edward Granke II avers that he sustained bodily injuries. 2. The Complaint was served upon the Defendant on December 15, 2006. 3. Defendant's counsel, Kevin Rauch, entered his appearance on December 27, 2006. 4. On January 5, 2007, Plaintiffs' counsel served defense counsel with Interrogatories and Request for Production of Documents. The cover pages of the Plaintiffs' discovery requests are attached hereto as Exhibit "A." 5. Responses to the discovery were not forthcoming and therefore, in a letter dated February 2, 2007, attached hereto as Exhibit "B," Plaintiffs' counsel corresponded with defense counsel and requested that the Defendant "file complete responses to the Plaintiffs' discovery by the end of February 2007." 6. To date, the Defendant has failed to file responses to the outstanding discovery. 7. A Judge has not ruled upon any issue in this case or any related matter. 8. Pursuant to Cumberland County Local Rule 208.2(d), Plaintiffs' counsel obtained the "non-concurrence" from defense counsel. 9. Pursuant to Pa.R.C.P. 4006 and Rule 4009.11, the Defendant has failed to respond to the Plaintiffs' Interrogatories and Request for Production of Documents within 30 days. 10. Pursuant to Pa.R.C.P. 4019, the Court may, on motion, make an appropriate order for sanctions if a party fails to serve answers to written interrogatories under Rule 4005 351139 2 or a party, in response to a request for production of documents under Rule 4009, fails to respond. 11. Plaintiffs counsel is of the belief that it is the Defendant's insurer that has been dilatory and not defense counsel. WHEREFORE, the Plaintiffs/Petitioners respectfully request that your Court enter a Rule to Show Cause why the Defendant should not timely file responses to the outstanding discovery before April '?, , 2007, and pay the Plaintiffs/Petitioners' counsel fees associated with filing said Petition. Respectfully submitted, ANGINO & ROVNER, P.C. id FILutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com 0 3A2 2 /0 -7 Attorney for Plaintiff Date: 351139 3 CERTIFICATE OF SERVICE I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PETITION upon all counsel of record via postage prepaid fast class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant 6 Kathy oney Dated: March a a , 2007 351139 4 ?X\-?1\311 C- ANGINO & RovNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 171101799 717/2386791 FAX 717/2385610 V VW.ANGINO-ROVNER.COM EMAIL: DLUI7@ANGIN06ROVNER.C0M Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Re: Granke v. Stock Dear Kevin: May 22, 2007 RICHARD C. ANGINO MICHAEL E. Kosw NEIL J. ROVNER RICHARD A. SADUXX JOSEPH M. MELILLO USA M. B. WOODBURN DAVID L. LUTZ DARYL E. CHRISTOPHER As a follow-up to the hearing before Judge Hess on May 17, 2007, please provide full and complete answers to Plaintiffs' Interrogatories - Set Nos. 2, 4, and 5. Based on Judge Hess's comments, I am under the impression that he does not want to be involved in discovery disputes in relatively simple, straightforward motor vehicle accident claims. However, given the Defendant's persistence that he was not negligent and that this accident was caused by a vehicle malfunction, I plan to file another Petition on June 22, 2007. However, unlike the initial Petition, I will now press for sanctions. Lastly, enclosed is a copy of my May 8, 2007, letter to John Lucy of your office. I did not receive the Defendant's response to the Plaintiffs' Request for Production of Documents before the May 17, 2007, hearing before Judge Hess. Very truly yours, DLL:mtg Enclosure 355740 David L. Lutz el\ ? k \ r b I t C -ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG. PA 1711&1799 717/2386791 FAX 717/238.5610 W W W.ANGINO-ROVNER.COM EMAUs DLUTZ@ANGINO-ROVNER.COM Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Re: Granke v. Stock Dear Kevin: June 6, 2007 RICHARD C. ANGINO MICHAEL F- KOSIK NEnJ. ROVNER RICHARD A. SADLOCK JosEPH M. MELILLO LISA M. B. WOODBURN DAVID L. Lutz DARYL L CHRISTOPHER Enclosed is a copy of my May 22, 2007, letter (without enclosure). In accordance with Judge Hess's May 17, 2007, order, please provide full and complete responses to the Interrogatories relevant to the evidence you plan to introduce at trial with regard to your client's assertion that his Ford Taurus malfunctioned at the time of the subject motor vehicle accident. I would hope that a second discovery petition would be unnecessary. Very truly yours, DLL:mtg Enclosure David L. Lutz 355752 EA 1, b 4 1 ) CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' SECOND PETITION FOR A RULE TO SHOW CAUSE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dater ) 0 361979 C) r.? ' fT CTi _j H ? fn -'A C.,? :U C;:J •'d ANGINO & RovNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1708 717/23"791 FAX 717/238.5610 W W W.ANGINO-ROVNER.COM EMAw DLUTZ@ANGINo•ROVNER.COM August 14, 2007 Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Granke v. Stock Dear Sir/Madam: RICHARD C. ANGBVO MICHAEL E. KOSW, NEIL J. ROVNER RICHARD A. SADLOCK JOSEPH M. WuLLo LISA M. B. WooDBuRN DAVID L. LUTZ DARYL E. CHRISTOPHER Enclosed for filing please find the original and one copy of Plaintiffs' Second Petition for a Rule to Show Cause, as well as two additional copies of the Rule to Show Cause. Also enclosed is a self-addressed, stamped envelope for both Plaintiffs' counsel and defense counsel for you to use to send the executed Rule to Show Cause. If you have any questions, please feel free to call me. Very truly yours, David L. Lutz /mtg Enclosure cc Kevin Rauch, Esquire (w/enc.) 362702 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANDE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND NOW COMES the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and responds to the Defendant's Motion for Protective Order as follows: 1. It is admitted that the above-captioned case arises out of a single motor vehicle accident occurring on February 8, 2006, on Interstate 83 in Cumberland County, Pennsylvania. Furthermore, discovery has revealed that the Defendant's negligence was the sole cause of the single motor vehicle accident. 2. Admitted. 3. Admitted. ORIGINAL 362699 [3] Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. It is admitted that the Plaintiffs have served the Defendant with numerous interrogatories given the fact that the Defendant has asserted that the subject motor vehicle collision occurred as a result of a malfunctioning steering wheel, notwithstanding the fact that the Defendant has failed to produce any admissible evidence to prove said defect. 8. Denied. See the Plaintiffs' petition for rule to show cause relevant to the outstanding discovery. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. While it is admitted that the Defendant filed responses to the Plaintiffs' Request for Admissions, the Defendant did not necessarily file responses to the Plaintiffs' Request for Admissions within 30 days of service on each and every occasion. 18. Admitted. 362699 2 19. It is admitted that defense counsel contacted Plaintiffs' counsel and requested a withdrawal of the Request for Admissions, Set No. 10. 20. It is admitted that Plaintiffs wanted the Defendant to respond to the Request for Admissions, Set No. 10, pursuant to the Pennsylvania Rules of Civil Procedure. 21. and 22. While it is admitted that the number of Request for Admissions in this case is more numerous than most motor vehicle accident cases, the Defendant has alleged that the subject single car collision was caused by a malfunctioning steering wheel. The number of Request for Admissions was designed to narrow the issues and force the Defendant to produce admissible evidence seeking to prove that the steering wheel was defective. To date, the Defendant has failed to produce any admissible evidence with regard to the alleged defective steering wheel. 23. The Plaintiffs can neither admit and/or deny the allegations in paragraph 23. 24. Plaintiffs' counsel did not concur in this motion. 25. Admitted. 26. Admitted. 27. Admitted. 28. It is respectfully denied that the Defendant is entitled to a protective order. 362699 3 WHEREFORE, the Plaintiffs respectfully request that Your Honorable Court deny the Defendant's Motion for Protective Order. Date: 1 °v ANG O & ROVNER, P.C. rl*-T David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 362699 4 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' RESPONSE TO THE DEFENDANT'S MOTION FOR PROTECTIVE ORDER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: 1? , ?XA ul 362699 -`- C 7 r-n :7 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Edward Granke, II, a Minor, by and through his parents and natural guardians,Tynn Granke and Edward W. Granke and Lynn and Edward Plaintiff W. Granke, Individually V. Korey Stock Defendant No. 06-7126 C Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs' Motion for Summary Judgment 2. Identify counsel who will argue case: a. for plaintiff. David L. Lutz, Esquire b. for defendant: Kevin Rauch, Esquire 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 3, 2007 Attorney for Plaintiff(s) Date: August 17, 2007 LsJ ii: -sS: rS r? C-0 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND NOW COMES the Plaintiffs, Edward Granke, II, a Minor, by and through his parents and natural guardians, Lynn Granke and Edward W. Granke, and Lynn Granke and Edward W. Granke, Individually, by and through their counsel, Angino & Rovner, P.C., and files this Motion for Summary Judgment and asserts as follows: 1. As required by Cumberland County Local Rules, please be advised that Judge Hess has ruled in this matter regarding Defendant's failure to answer discovery. 2. On February 8, 2006, Plaintiff Edward Granke, II, a passenger in Defendant Korey Stock's vehicle, was injured in a single vehicle automobile accident that occurred on 361254 Interstate 83, Cumberland County, Pennsylvania. See, Plaintiffs' Request for Admissions to Defendant - Set No. 1 and the Defendant's answer thereto; Plaintiffs' Request for Admissions to Defendant - Set No. 2 and the Defendant's answer thereto; and Plaintiffs' Request for Admissions to Defendant - Set No. 8 and the Defendant's answer thereto. 3. Defendant Korey Stock was the driver of the vehicle involved in the aforementioned accident in which Plaintiff Edward Granke, II, was a passenger. See, Plaintiffs' Request for Admissions to Defendant - Set No. 1 and the Defendant's answer thereto. 4. Defendant Korey Stock has answered discovery indicating that he estimated that he was traveling approximately 70 to 75 miles per hour prior to the motor vehicle accident, even though the speed limit on Interstate 83 North is 55 miles per hour. Plaintiffs' Request for Admissions to Defendant - Set No. 1 and the Defendant's answer thereto; Plaintiffs' Request for Admissions to Defendant - Set No. 9 and the Defendant's answer thereto. 5. Defendant Korey Stock drove his vehicle from the right lane of Interstate 83 to the left lane of Interstate 83 and ultimately the vehicle came to a rest in the left lane of Interstate 83, resting on its roof. Plaintiffs' Request for Admissions to Defendant - Set No. 3 and the Defendant's answer thereto; Plaintiffs' Request for Admissions to Defendant - Set No. 7 and the Defendant's answer thereto. 6. Defendant Korey Stock testified in his discovery deposition that the accident was caused by a mechanical malfunction of his vehicle. See, Defendant Korey Stock's discovery deposition transcript, attached hereto as Exhibit A (entire transcript attached as Exhibit A), pp. 12 and 13. 361254 2 7. Defendant Korey Stock has offered no other evidence regarding the alleged mechanical malfunction other than his own testimony. See, Defendant Korey Stock's deposition transcript, pp. 21 and 22. 8. Defendant's "bald" assertion that he experienced steering difficulties does not provide admissible evidence that the accident was caused by a vehicle's mechanical failure. 9. In discovery, Plaintiff has sought from the Defendant the production of admissible evidence with regard to proof that the Defendant experienced mechanical failure. The Defendant has failed to provide a substantive response. See, Plaintiffs' Interrogatories Propounded Upon Defendant - Set No. 2 and the Defendant's response thereto, attached hereto as Exhibit B; Plaintiffs' Interrogatories Propounded Upon Defendant - Set No. 3 and the Defendant's response thereto, attached hereto as Exhibit C; and Plaintiffs' Interrogatories Propounded Upon Defendant - Set No. 4 and the Defendant's response thereto, attached hereto as Exhibit D. 10. More specifically, Plaintiffs' Interrogatories Propounded Upon Defendant - Set No. 4 requests that the Defendant "identify, in detail, the evidence the Defendant plans to introduce to prove that the vehicle he was operating malfunctioned and caused the vehicle to suddenly and erratically move to the right." The Defendant responded that discovery is ongoing and that the Defendant has not yet determined "what evidence will be presented at the time of trial to prove said malfunction." 11. Obviously, the Defendant has no credible and/or admissible evidence that proves that the subject motor vehicle accident was caused by mechanical failure. 12. The Pennsylvania State Police report, attached as Exhibit A to Plaintiffs' Request for Admissions to Defendant - Set No. 10, provides that there was no "possible vehicle failure" involved in the subject motor vehicle accident. See, Plaintiffs' Request for Admissions to 361254 3 Defendant - Set No. 10 and given the fact that the Defendant did not timely respond to the Plaintiffs' Request for Admissions to Defendant - Set No. 10, said Admissions are deemed admitted. 13. In Pgpandrea v. Hartman, 352 Pa. Super. 163, 507 A.2d 822 (1986), the Superior Court held that in a motor vehicle accident case, a jury may not be permitted to return a defense verdict on the basis of speculation or conjecture that the Defendant's vehicle malfunctioned and caused a motor vehicle accident. There must be admissible evidence to substantiate the Defendant's claim that there was a mechanical failure of his vehicle. Papandrea, 507 A.2d at 828, citing Cuthbert v. Philadelphia, 417 Pa. 610, 209 A.2d 261 (1965). 14. Therefore, there is no genuine issue of material fact and Plaintiffs are entitled to judgment as a matter of law on the issue of the Defendant's negligence. Your Honorable Court should grant summary judgment in favor of the Plaintiffs. ANGINO & ROVNER, P.C. (\(?n Date: S--n- p David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 361254 4 Ex h i COPY- EDWARD GRANKE II, A MINOR, BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS, LYNN GRANKE AND EDWARD W. GRANKE; AND LYNN GRANKE AND EDWARD W. GRANKE, INDIVIDUALLY, PLAINTIFFS V KOREY STOCK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7126 CIVIL TERM JURY TRIAL DEMANDED DEPOSITION OF: KOREY STOCK TAKEN BY: PLAINTIFFS BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: JUNE 27, 2007, 10:09 A.M. PLACE: SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP 1017 MUMMA ROAD LEMOYNE, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, PC BY: DAVID L. LUTZ, ESQUIRE FOR - PLAINTIFFS SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP BY: KEVIN D. RAUCH, ESQUIRE FOR - DEFENDANTS Hughes Albright Foltz •sx ?? Natale 2080 Linglestown Road • Suite 103 • Harrisburg, PA 11110 '64 1q- 717.540.0220 9 Fax 717.540.0221 0 Lancaster 717.393.5101 Multi-Page lm KOREY STOCK 6/27/07 1 WITNESSES Page 2 1 Page 41 Page 3 Page 5 1 Q Okay. What is your education background? 2 A I just graduated from Cedar Cliff. 3 Q By just, do you mean last month? 4 A Yes, last month. 5 Q What are your plans in terms of your future? I 6 understand military may be in the -- 7 A Yes, I am leaving for the military in July. 8 Q United States Army? 9 A Yes. 10 Q Do you know where you are going to be stationed? 11 A Fort Lindenwood, Missouri for my basic. 12 Q Do you know where you will be after that? 13 A I have no idea. 14 Q I understand that on February 8th, 2006, you were 15 invol ved in a motor vehicle accident? 16 A That is right. 17 Q Okay. At the time, were you driving a 1993 Ford 18 Taurus? 19 A Yes. 20 Q Was your mother the owner of the Ford Taurus? 21 A Yes. 22 Q Do you -- I want to ask you some questions about 23 the Ford Taurus before the accident. 24 A All right. 25 Q Do you know when your mother first purchased or 1 We don't want you to guess. There is nothing 2 wrong with saying I don't know or I don't remember, but 3 just don't guess. 4 I don't think this will take very long, but if at 5 any time you want to take a break, we can stop, and you and 6 your attorney can go out in the hallway and take a break. 7 Or if at any time you and your attorney want to take a 8 break and go out in the hallway and talk about anything, 9 you can do that. 10 As you are aware, there is a court reporter 11 sitting right beside you. That means when I start asking 12 you questions, I am going to ask you to give verbal 13 responses. Try to stay away from uh-huh and huh-uh and 14 shaking of the head because she must take down everything 15 that is said. 16 Do you understand those instructions? 17 A Yep. 18 Q Okay. Mr. Stock, where do you live? 19 A 1702 Elm Street, New Cumberland. 20 Q How long have you lived there? 21 A Ten years. 22 Q Who do you live with? 23 A My mom and my sister. 24 Q Okay. Is your mother's name Karen? 25 A Yes, it is. 2 NAME EXAMINATION 3 KOREY STOCK 4 BY: MR. LUTZ 3 5 6 7 EXHIBITS B DEPOSITION EXHIBIT NO. PRODUCED AND MARKED 9 1. Document 24 10 2. Document 24 11 3. Document 26 12 4. Document 26 13 5. Document 27 14 6. Document 27 15 16 17 18 19 20 21 22 23 24 25 1 STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that reading, signing, sealing, 4 certification and filing are hereby waived; and that all 5 objections except as to the form of the question are 6 reserved to the time of trial. 7 8 KOREY STOCK, called as a witness, being duly 9 sworn, testified as follows: 10 EXAMINATION 11 BY MR LUTZ: 12 Q Please state your name. 13 A Korey Stock. 14 Q Mr. Stock, my name is David Lutz. I am a lawyer. 15 I represent Ed Granke. I am here to take your deposition 16 which means I will be asking you questions concerning a 17 motor vehicle accident that occurred on February 8, 2006. 18 I am sure your lawyer has explained some of the 19 ground rules, but I want to go over the ground rules with 20 you just so that you understand what we're going to do this 21 morning. 22 If I ask you a question and you give me an 23 answer, I am going to assume two things, I am going to 24 assume that you understood my question, and I am going to 25 assume that you are giving me the best answer that you can. Page 2 -Page 5 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 COREY STOCK 6127/07 Multi-Page ` Page 6 I obtained that vehicle? 2 A I am not exactly sure on the date. 3 Q Okay. 4 A Rough estimate, was March of 2005 when my 5 grandmother died. 6 Q Okay. Did your grandmother own it before your 7 mother? 8 A Yes. 9 Q Okay. Do you know how long your grandmother 10 owned the vehicle? l 1 A Since probably when it was created or -- she got 12 it awhile ago, I am not exactly sure on dates. 13 Q So you are not sure if your grandmother purchased 4 it new? .5 A I am pretty sure she did, but -- 6 Q If she didn't purchase it new, do you think she 7 purchased it when it was a fairly new car? .8 A Yes. .9 Q All right. Where does your grandmother live? !0 A Missouri. :1 Q Do you know anything about the car's upkeep while :2 it was in Missouri? :3 A No. :4 Q And then, did somebody drive the vehicle from :5 Missouri to Pennsylvania? Page 7 1 A Yes, I did. 2 Q Okay. That was in March of 2005? 3 A No, that was actually in August of 2005. 4 Q Okay. When did you first obtain your driver's 5 license? 6 A January of 2006. 7 Q Now you got me confused. 8 A I had my learners permit, and I was driving with 9 my m om's friend. 0 Q Okay. So when you drove the vehicle in August of 1 2005, it was with a learners permit with your mother's 2 friend ? 3 A Yes. 4 Q You drove from Missouri to Central Pennsylvania? 5 A Right. 6 Q And then you got your regular driver's license in 7 January of 2006? 8 A Yes. 9 Q All right. From the time that the vehicle was in 0 Central Pennsylvania until the accident, do you know what 1 maintenance the vehicle underwent? 2 A It underwent an inspection. 3 Q State inspection? 4 A Yes. 5 Q Freisinger? Page 8 1 A I am pretty sure. I know that it was the one 2 down on Bridge Street in New Cumberland. 3 Q Is that a Freisinger dealership or somebody else? 4 A I can't remember. 5 Q Okay. Fair to say though that you drove the 6 vehicle at times from August of 2005 until the accident? 7 A Yes. 8 Q Okay. During that period of time, any mechanical 9 problems with the vehicle? 10 A There was a slight jerk to the right with the 11 steering wheel. 12 Q What would happen? 13 A The steering wheel would move from the top to the 14 side like 90 degrees. 15 Q I am not sure I follow you. What exactly would 16 happen? 17 A The steering wheel would go from -- like I would 18 have my hand on the top, and all of a sudden my hand would 19 go down. 20 Q Okay. 21 A Like the steering wheel would turn without me 22 turning it. 23 Q Did you and your mother have that checked out? 24 A Yes, we did. 25 Q By who? Page 9 1 A A friend of ours in Missouri when we were there. 2 Q My question wasn't a good one then. From the 3 time that the vehicle was back in Central Pennsylvania I 4 understand that was August of 2005? 5 A Right. 6 Q Until the accident, February 2006, did you have 7 problems with the steering wheel? 8 A No. 9 Q Okay. So the problems with the steering wheel 10 only occurred in Missouri? 11 A Yes. And there was a slight movement when we 12 were in Pennsylvania, but nothing that effected my driving. 13 Q Okay. While the vehicle was in Pennsylvania, do 14 you know if you or your mother had any mechanic, 15 dealership, garage check out the steering? 16 A Not specifically for the steering. 17 Q Okay. In Missouri, you said that somebody 18 checked out the steering. Who was that? 19 A My one of my grandparents friends who was a 20 mechanic for like thirty years. 21 Q Okay. Was this -- do you know the fellow's name? 22 A No, I do not. 23 Q Was this fellow at a garage when he was checking 24 it out or at -- 25 A I am not exactly sure. age6-Page 9 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 Multi-Page nr KOREY STOCK 6/27/07 Page 10 1 Q You don't know the details of that? 2 A No. 3 Q Okay. When the vehicle -- I assume that when the 4 vehicle was in Missouri, it had Missouri tags? 5 A Yes. 6 Q When the vehicle was brought back to Pennsylvania 7 eventually, you and your mother got Pennsylvania tags? 8 A Correct. 9 Q Then the vehicle had to be inspected under 10 Pennsylvania law? 11 A Yes. 12 Q Did the vehicle pass inspection? 13 A Yes, it did. 14 Q That was the garage on Bridge Street? 15 A Yes. 16 Q Do you know if you or your mother had said 17 anything to the mechanics at the Bridge Street facility 18 about the steering wheel? 19 A I cannot recall. 20 Q Okay. Was it you or your mother that took the 21 vehicl e to get inspected here in Pennsylvania? 22 A Yes. 23 Q I am sorry, was it you or your mother or both? 24 A We both did. 25 Q Okay. Although the vehicle was registered in Page 11 1 your mother's name, did you consider the vehicle yours? 2 A Yes. 3 Q Did your mother have another vehicle? 4 A Yes. 5 Q Where does your mother get her other vehicle 6 inspected? 7 A I have no idea. 8 Q Okay. Let's go to February 8th, 2006. I have 9 that -- is that the right date? 10 MR. RAUCH: Yes. 11 MR. LUTZ: Off the record. 12 (Discussion held off the record.) 13 BY MR. LUTZ: 14 Q February 8th, 2006 I have that you are with 15 Joseph -- I will just spell them, R-e-p-r-i-c-h, Lester 16 G-i-n-a-n-n-i, and Ed Granke, is that -- 17 A Yes. 18 Q Was Joseph in the front seat with you? 19 A Yes. 20 Q Lester behind you? 21 A As far as I know. I can't recall. 22 Q All right. And you are not sure where Ed was 23 sitting, but he was in the back seat? 24 A Yes. 25 Q Are the four of you friends from school? Page 12 1 A We used to be. 2 Q Okay. Were you all going to the same high 3 school? 4 A Yes -- no. Les was going to Trinity, and the 5 other two were going to Cedar Cliff. 6 Q You graduated from Cedar Cliff? 7 A Yes. 8 Q Where had you four fellows been before this 9 accident? 10 A We went to Les' house to pick up Les. 11 Q Okay. And then where were you going, if you 12 remember? 13 A Back to my house. 14 Q What were you going to do at your house? 15 A Just hangout. 16 Q Okay. In order to go from Les' house to your 17 house, would you have to go on Interstate 83 north? 18 A It's the fastest way and easiest way. 19 Q All right. Where on Interstate 83 north did the 20 accident occur? 21 A Right past the Limekiln exit. 22 Q Tell me in your own words what happened. 23 A I was driving from -- as we past the Limekiln 24 exit, I was going about seventy, seventy-five, and all of a 25 sudden the steering wheel jerked to the right very hard, Page 13 1 harder than it's ever done before. And I go over on to the 2 rumble strips and then I try and correct it and I 3 overcompensated, and I turned it to the left and that is 4 when the car rolled to the best of my knowledge. 5 Q Okay. Let me ask you a few follow-up questions. 6 As you're passing the Limekiln exit, do you recall if you 7 are in the right lane or left lane of the two lanes going 8 north on Interstate 83? 9 A I was in the right lane. 10 Q Okay. And when this problem with the steering 11 wheel occurred, were you in the right lane? 12 A Yes. 13 Q Okay. Do you know if at any time during the 14 quarter mile, half mile before that, you were in the left 15 lane? 16 A I cannot recall. 17 Q Okay. Do you remember passing anyone that later 18 identified themselves as a witness to the accident? 19 A No. 20 Q Okay. Do you know what the speed limit is in 21 that area of Interstate 83? 22 A 55. 23 Q So as I understand your testimony, you are in the 24 right lane and the vehicle goes on to the rumble strip, and 25 then did you say that you overcompensated and turned to the Page 10 -Page 13 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 KOREY STOCK 6/27/07 Multi-Page Page 14 1 left? 2 A Right. 3 Q Is that when the vehicle rolled? 4 A I am -- to the best of my knowledge, yes. 5 Q Okay. Do you know if your vehicle ever hit the 6 embankment to your right? 7 A I don't believe it did. 8 Q Okay. Do you know if your vehicle hit the median 9 dividing the north and southbound lanes of Interstate 83? 10 A I actually don't believe it did, but it might 11 have. 12 Q Okay. Did your vehicle come to a rest on the 13 roof? 14 A Yes. 15 Q Okay. Was the vehicle totaled as a result of 16 this accident? 17 A Yes. 18 Q And the police report says Strausser Towing came 19 to the scene. Does that ring a bell with you? 20 A Yes. 21 Q Where did they take the vehicle? 22 A To their garage right past -- right beside Giant. 23 Q Okay. Do you know what happened to the vehicle 24 after that? 25 A It sat there for two days, but my mom didn't want Page 15 1 to pay the seventy-five dollars a day so she got it 2 totaled. 3 Q Okay. She basically said to the garage -- 4 A She got it scrapped and got rid of it so she 5 didn't have to pay any more. 6 Q Okay. Fair to say that you have no idea where 7 the vehicle is at present? 8 A I have no idea. 9 Q Okay. Now, going back to the accidents scene. I .0 have this picture in my mind that the vehicle is on its 1 roof and the four of you are inside of the vehicle? 2 A Correct. 3 Q Where is the vehicle while it is -- came to rest? 4 A The left hand lane. 5 Q Of Interstate 83 north? 6 A Yes. 7 Q Okay. Do you know which direction the front of 8 your vehicle was pointing? 9 A North. 0 Q Okay. What happens next? 1 A I come to -- me and Joey are both awake and 2 everything. And we get -- he opens his door and we both 3 crawled out his door. We go off to the side of the road 4 for a second to like try and gather ourselves. Then we see 5 that Ed is still in the back and Les is crawling out the Page 16 1 back window. And we go and try and help Ed out just in 2 case there was a fire or anything. 3 Q And when you said help him out, did you mean 4 physically remove him from the vehicle? 5 A Yes, he was incapacitated. 6 Q Was he conscious at all? 7 A He had a glazed-over look in his eyes. 8 Q Could he talk? 9 A More like grumble or rumble. 10 Q All right. We know the police came. Do you know 11 how the police got there? Did someone call? 12 A Yes, me and other cars had stopped, called the 13 police. 14 Q Okay. I want to focus on Ed Granke for a couple 15 minutes. All right? 16 A Yes. 17 Q I assume an ambulance came to the scene and took 18 him away? 19 A Yes. Yes. 20 Q All right. Do you know where they took him? 21 A I cannot recall. 22 Q Okay. Do you have an understanding that he was 23 in a hospital for a few days? 24 A Yes. 25 Q Did you see him while in the hospital? Page 17 1 A Yes, I went once. 2 Q Okay. Did you and Ed talk about how the accident 3 occurred? 4 A No. 5 Q Okay. What was Ed's condition when you saw him 6 the one time in the hospital? 7 A He had both his hands wrapped, and he had gauze 8 on his forehead, and that's all I could see. 9 Q Okay. Was there a period of time that Ed was 10 discharged from the hospital but before he went back to 11 school? 12 A Yes. 13 Q Did you see him at home? 14 A No. 15 Q Did you see him when he got back to school? 16 A I saw him, but I did not talk to him. 17 Q Okay. Did your friendship deteriorate after 18 this? 19 A Yes. 20 Q Have you talked to him at all since you spoke 21 with him inside of the hospital? 22 A No. 23 Q Did he call you at all? 24 A No. 25 Q So when was the last time that you saw him? age 14 -Page 17 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 Multi-Page TM KOREY STOCK 6/27/07 Page 18 1 A The last day of school, but I did not talk to 2 him. 3 Q Okay. And that would have been last month? 4 A Yes. 5 Q All right. Do you know from your observations 6 whether he is still having any problems with -- related to 7 this accident? 8 A It does not seem that way. 9 Q Okay. Do you know if he played football his 10 senior year of high school? 11 A I cannot recall. 12 Q All right. Going back to the accident scene now. 13 After the police were summoned, do you recall a 14 Pennsylvania State Police officer coming to the accident 15 scene? 16 A Yes. 17 Q Was it a male or female? 18 A Male I believe. 19 Q Okay. Did you talk to the Pennsylvania State 20 Police officer? 21 A Yes. 22 Q Did he ask you basically what happened? 23 A Yes. 24 Q What did you tell him? 25 A The same thing I told you. Page 19 1 Q Did you tell the state trooper that you had 2 problems with your steering? 3 A Yes. 4 Q What exactly did you tell him? 5 A That my steering wheel moved to the right very 6 suddenly. 7 Q What, if anything, did the state trooper say in 8 response to that? 9 A I don't remember. 10 Q Okay. There is an eye witness listed on the 11 police report, her name is Diana, D-i-a-n-a, Wilt, W-i-1-t. 12 Do you know who Diana Wilt is? 13 A I remember talking to somebody, but I do not 14 remember their name. 15 Q Was it a female? 16 A Yes. 17 Q Okay. Did that person identify themselves as 18 somebody that saw the accident? 19 A Yes. 20 Q Did you say to Miss Wilt anything about your 21 steering wheel? 22 A Not that I can recall. 23 Q Okay. Did she say to you what she saw? 24 A No, I can't remember. 25 Q Okay. Did she say to you words to the effect Page 20 1 that she saw the accident? 2 A Sorry? 3 Q I am sorry. Did Mrs. Wilt say to you words to 4 the effect, I saw the accident? 5 A As far as I can remember, yes. 6 Q Okay. Have you seen the Pennsylvania State 7 Police report? 8 A No. 9 Q I am going to read into the record what the 10 police officer said you said. I am not saying it's 1 l accurate, I am just going to say what he said, then I am 12 going to ask you a couple questions. 13 A All right. 14 Q And I quote, operator one, that's you -- 15 A Right. 16 Q Operator one was interviewed on 2-8-06 at the 17 scene who related he was traveling I-83 northbound in the 18 right lane when he lost control of the car which went off 19 the right side of the -- and hit the embankment causing the 20 car to flip over. 21 Operator one stated the car then went back across 22 the road and hit the wall. Operator one advised he was 23 doing about sixty-five - seventy MPH when he lost control 24 of the steering. Okay? 25 Have I read that correctly? I realize there is a Page 21 1 word missing, by the way. 2 A Yes. 3 Q But does that refresh your recollection at all? 4 A No. 5 Q Okay. 6 A It still seems the exact same except for I don't 7 remember telling him that I hit the embankment or the 8 median. 9 Q Were you injured in the accident? 10 A I sprained my wrist and I had a brushburn on my 11 arm. 12 Q Were you seen in any emergency room? 13 A Yes, the next morning. 14 Q Which hospital? 15 A I cannot remember. 16 Q But you were not taken by ambulance away from the 17 scene? 18 A No. 19 Q Earlier you testified that you had 20 over-compensated, and I think that you said that you turned 21 the steering wheel to the left. Is that -- 22 A Correct. 23 Q Is that when you believe the car flipped? 24 A Yes. 25 Q In terms of the steering wheel malfunction, do Page 18 -Page 21 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 COREY STOCK 6/27/07 Multi-Page Page 22 1 you know of any evidence that you can point me to with 2 regard to the steering wheel malfunction besides your oral 3 testimony? 4 A I cannot, except for my mother's testimony. 5 Q Okay. Have you and your mother discussed the 6 steering wheel malfunction? 7 A Not much, but there was a little bit of 8 discussion. 9 Q What does she say to you in response to that 10 question? 11 MR_ RAUCH: Excuse me, Dave, I want to interject. 12 I will represent to you that I had a discussion with Korey l3 about it and I want to make sure that he doesn't disclose 14 anything that was attorney-client privilege, but you can 15 tell him what you and your mother talked about. 16 BY MR. LUTZ: 17 Q Don't say anything that you two talked about. 8 A Okay. 19 Q I am interested in the conversation that you and !0 your mother had about the steering wheel. ! 1 A Okay. We both talked about that there was a !2 steering wheel, that it was moving. And she said that if !3 she thought it was going to be a major problem, that she !4 wouldn't have even let me drive the car. But she drove it !5 a little bit from Missouri to Pennsylvania, and she noticed Page 23 1 that there was a slight movement but nothing to impair the 2 driving. 3 Q Okay. When the vehicle was driven from Missouri 4 to Pennsylvania, I thought I understood it was you and your 5 mother's friend? 6 A My mom -- my mom drove with me in my car, and my 7 mom's friend drove my mom's car back. 8 Q Okay. 9 A And both me and my mom drove because it was my 0 first time driving long distances and I didn't think I was 1 capable of driving fourteen hours. 2 Q All right. So it was two cars? 3 A Yes. 4 Q Three drivers? 5 A Yes. 6 Q All right. From the time that your mother and 7 you had the vehicle in Pennsylvania from August 2005 until 8 the accident, was there any discussion of the steering 9 wheel issue? 0 A No. 1 Q Okay. When the vehicle was towed after the 2 accident to a garage, was there any discussion with anyone 3 at the garage about looking at the steering wheel 4 mechanism? 5 A Not that I can recall. age 22 - Page 25 Page 24 1 Q Did the Pennsylvania State Police officer discuss 2 with you anything about keeping the car so an inspection 3 could be made of the steering wheel mechanism? 4 A To the best of my knowledge, no. 5 Q Okay. Now, I have sent your lawyer a number of 6 documents. They are called request for admissions. I just 7 want to go over a few of those, then I will be done. 8 A Okay. 9 MR. RAUCH: 1 have copies of our answers, Dave, in 10 case -- 11 MR. LUTZ: It might speed it up. 12 The first one would be request for admission 13 number one. 14 We will mark this Stock Exhibit Number One. 15 (Document produced and marked Stock Exhibit 16 Number 1.) 17 BY MR_ LUTZ: 18 Q I will try to be surgical and -- 19 MR. RAUCH: Do you want me to show him the answer? 20 MR. LUTZ: Sure. We will mark the answer Exhibit 21 2. 22 (Document produced and marked Stock Exhibit 23 Number 2.) 24 BY MR. LUTZ: 25 Q See if that is the same document? Page 25 1 A Yep. 2 Q Okay. Good. 3 Two lawyers may read this months later. It will 4 make sense if I read some stuff in the record even though 5 it is right in front of you. 6 A Right. 7 Q The Question No. 4 is what I am going to focus 8 on. 9 A All right. 10 Q Do you admit that as you were traveling north on 11 Interstate 83, you lost control of your vehicle causing it 12 to roll. 13 Your answer No. 4 was denied as stated. 14 Defendant, meaning you, admitted he was traveling north on 15 Interstate 83 when the accident occurred; however, the 16 defendant does not know what caused the car to roll. 17 Did I read that correctly? 18 A Yes, you did. 19 Q I wasn't quite sure what you meant by that. I 20 was going to ask you what did you mean by that answer, 21 particularly the defendant, meaning you, does not know what 22 caused vehicle to roll? 23 A I wasn't sure at that time if it was still the 24 steering that caused it to roll or that it was just me due 25 to heckling at school. HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 Multi-Pager' KOREY STOCK 6/27/07 Page 26 1 Q What do you mean heckling at school? 2 A Like, to this day -- well, not -- up until the 3 very end of school, I have been outcasted from a lot of 4 things and not -- can't go to places because of the -- 5 because of Ed and that group of friends. 6 Q Because of the accident? 7 A Yes. 8 Q All right. But the question asks with regard to 9 the -- the question asks about rolling. I am not sure what 10 heckling at school has to do with the vehicle rolling. If 11 you could explain that to me. 12 A Well, when I answered the question, I was kind of 13 -- I don't know. 14 Q Okay. I am going to show you Exhibit 3, which is 15 the plaintiffs request for admission set four. 16 A Okay. 17 MR. LUTL: And Exhibit 4 would be what I believe 18 to be your answer. Again, we will focus on question two. 19 (Documents produced and marked Exhibit Numbers 3 20 and 4.) 21 BY MR. LU1Z: 22 Q Okay. Question No. 2, do you admit that as your 23 vehicle traveled north on Interstate 83, you lost control 24 of your vehicle. And then we look at your answer, denied 25 as stated. Defendant admits he was traveling north on Page 28 1 Q One of the requests for admissions asks you, an 2 Id will quote, do you admit that you did not tell 3 Pennsylvania State Trooper Grayer, G-r-a-y-e-r, that the 4 Ford Taurus malfunctioned. And I believe your answer wl 5 we will mark as the next exhibit is denied as stated. 6 Defendant recalls having a conversation with a state 7 trooper, but does not recall the substance of the 8 conversation. 9 Did I read that correctly? 10 A Yes, you did. 11 Q Okay. My question to you is today you seem to 12 recall that you did in fact say to the state trooper 13 something about the steering wheel malfunction. So my 14 question is in fact, did you tell the state trooper about 15 the steering wheel? 16 A To the best of my knowledge today, I might have 17 mentioned it, but I didn't go into any detail with it. 18 Q Okay. Did anyone from State Farm call you up and 19 ask you permission to record your statement relevant to 20 this motor vehicle collision? 21 A I can't recall. 22 Q Okay. Did you sign a statement with State Farm 23 relevant to the incident that occurred in this accident on 24 February -- of February 8, 2006? 25 A Again, I can't remember. Page 27 Page 29 1 Interstate 83 when the accident occurred; however, the 1 Q And when you saw Ed Granke in the hospital that 2 defendant does not know what caused the car to roll. 2 one time, I take it that you did not talk about the 3 My question to you is, do you believe that the 3 accident, you talked about other things, is that fair? 4 reason that the vehicle rolled was solely because of the 4 A Tried to talk about other things. 5 steering column issue? 5 Q He didn't want to talk to you, is that it? 6 A I do not believe that it was entirely that. My 6 A Pretty much, yes. 7 rate of speed could have had something to do with it. 7 Q All I am after is, did Ed Granke ever say to you 8 Q Okay. 8 anything about how or why the accident occurred? 9 MR. RAUCH: So that -- for the record, I believe 9 A Not that I can recall. 10 that question is very similar to the last one we went over to MR. LUTZ: Okay. All right. Thank you. Those 11 so I just want to make sure that the record is clear that 11 are the questions that I have. 12 you're adding some substance to you did not know what 12 (Whereupon, the deposition was concluded at 13 caused the vehicle to roll, correct? 13 10:46 a.m.) 14 THE WITNESS: Yes. 14 15 MR. RAUCH: Okay. I just want to make sure that 15 16 the record is clear. 16 17 MR. LUTZ: All right. Exhibit five and six. 17 18 (Documents produced and marked Stock Exhibit 18 19 Numbers 5 and 6.) 19 20 BY MR. LUTZ: 20 21 Q Now, Exhibit five is number eight, request for 21 22 admission number eight. 22 23 A All right. Wait a minute. 23 24 (Discussion held off the record.) 24 25 BY MR. LUTZ: 25 Page 26 -Page 29 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 :OREY STOCK 6/27/07 Multi-Page Page 30 1 COUNTY OF DAUPHIN 2 : SS 3 COMMONWEALTH OF PENNSYLVANIA : 4 I, Maria N. O'Donnell, a Notary Public, authorized to 5 administer oaths within and for the Commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of KOREY STOCK- 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 0 and answers were taken down stenographically by the said 1 Reporter-Notary Public, and afterwards reduced to 2 typewriting under the direction of the said Reporter. 3 I further certify the said deposition was taken at 4 the time and place specified in the caption sheet hereof. 5 1 further certify that I am not a relative or 6 employee or attorney or counsel to any of the parties, or a 7 relative or employee of such attorney or counsel, or 8 financially interested directly or indirectly in this 9 action. 0 I further certify the said deposition constitutes 1 a true record of the testimony given by the said witness. 2 IN WITNESS WHEREOF, I have hereunto set my hand 3 this 27TH day of JUNE, 2007. 4 Maria N. O'Donne 1, RPR 5 Notary Public Ige 30 -Page 30 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 ?XN1?31 I I? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 DEFENDANT'S ANSWERS TO PLAINTIFFS' INTERROGATORIES, SET NO. 2 V. KOREY STOCK, Defendant. #15143 (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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. DEFENDANT'S ANSWERS TO INTERROGATORIES, SET NO. 2 Defendant has not yet determined what evidence will be used at the time of trial. Said information will be used in accordance with the Pa.R.C.P. 2. Defendant has not yet determined whom, if anyone, will be called as a witness to testify at the time of trial. Said information will be provided in accordance with the Pa.R.C.P. 3. Defendant has not yet determined which, if any exhibits will be used at the time of trial. Said information will be provided in accordance with the Pa.R.C.P. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION I, KOREY STOCK, hereby verify that my Answers to Plaintiffs' Interrogatories, Set No. 2, are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Korey Stock 310, Dated: #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO INTERROGATORIES, SET NO. 2 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of M y , 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant E-X1\1131-j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 DEFENDANT'S ANSWERS TO PLAINTIFFS' INTERROGATORIES, SET NO. 3 V, KOREY STOCK, Defendant. #15143 (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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, Il, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. DEFENDANT'S ANSWERS TO INTERROGATORIES, SET NO. 3 Defendant believes that the malfunction of the vehicle caused it to jerk suddenly and unexpectedly to the right. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: \C,-, I . Q-" Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION I, KOREY STOCK, hereby verify that my Answers to Plaintiffs' Interrogatories, Set No. 3, are true and correct to the best of my information, knowledge and belief. understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. /? Korey Stock Dated: L? ,? 316 2 #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO INTERROGATORIES, SET NO. 3 has been mailed by c ~ U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of , 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 By: SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ?? D. cl'-? A I-. Kevin D. Rauch, Esquire Counsel for Defendant C-x? - Z J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 DEFENDANT'S ANSWERS TO PLAINTIFFS' INTERROGATORIES, SET NO.4 V. KOREY STOCK, Defendant. #15143 (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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, V. KOREY STOCK, Defendant. CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) DEFENDANT'S ANSWERS TO INTERROGATORIES, SET NO.4 1. Discovery is ongoing. Defendant has not yet determined what evidence will be presented at the time of trial to prove said malfunction. Said information will be provided in accordance with the Pa.R.C.P. Respectfully submitted, By SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 1r"- ^- )? 1 Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION I, KOREY STOCK, hereby verify that my Answers to Plaintiffs' Interrogatories, Set No. 4, are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Ko ey Stock V ?z 3 /? ? Dated. #15143 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO INTERROGATORIES, SET NO. 4 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of ?t S±?) , 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: (i,,, n 01 361254 ?'; ?? ?a: -?'t ,,,-? ?.-., ?? c- ? ' . - `,,? f ? «. ?; EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE, and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs VS. KOREY STOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7126 CIVIL JURY TRIAL DEMANDED IN RE: PLAINTIFFS' SECOND PETITION FOR A RULE TO SHOW CAUSE ORDER AND NOW, this day of August, 2007, argument on the within second petition for a rule to show cause is set for Thursday, August 30, 2007, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, David Lutz, Esquire For the Plaintiffs V evin Rauch, Esquire For the Defendant :rlm •?°1h i n d ?' Kevin'A. Hess, J. l 1 ?d 0z I'll LOU EDWARD GRANKE II, a Minor, : by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE, and LYNN GRANKE and EDWARD W.: GRANKE, Individually, Plaintiffs VS. KOREY STOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7126 CIVIL : JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this Z 3 day of August, 2007, argument on the within motion for protective order is set for Thursday, August 30, 2007, at 3:30 p.m, in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /avid Lutz, Esquire For the Plaintiffs /evin Rauch, Esq For the Defendant :rim N • r, `c :? ` LUZ -1 EO 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 DEFENDANT'S ANSWER TO PLAINTIFFS' SECOND PETITION FOR RULE TO SHOW CAUSE V. KOREY STOCK, 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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. AND NOW, comes the Defendant, Korey Stock, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and sets forth the following Answer to Plaintiffs Second Petition for Rule to Show Cause and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. In this underlying action, the Defendant contends that there was a malfunction of the steering of the subject motor vehicle which was a factor in the underlying motor vehicle accident. To date, Plaintiffs' counsel has had an opportunity to depose the Defendant who, in the course of the deposition, testified that he believed that there was a malfunction to the steering of the vehicle. Defense counsel has also I ? offered to make the Defendant's mother available to testify to the same. Furthermore, the Defendant, has filed adequate responses to each and every Interrogatory propounded upon Defendant. As discussed with Plaintiffs counsel on several occasions, discovery is ongoing, and Defendant will update these Interrogatories as new evidence of this malfunction is obtained. 5. Denied as stated. It is admitted that Judge Hess previously ruled that Defendant provide Answers to Plaintiff's Interrogatories and Request for Production of Documents. It is denied that Judge Hess previously ruled on the issue of "adequate" responses to Plaintiffs' Interrogatories. As of the date of this reply, Defendant has provided Answers to all of Plaintiffs' Interrogatories and Request for Production of Documents. 6. Admitted. 7. Denied. Defendant has responded to all of Plaintiffs' counsel's Interrogatories and Response to Request for Production of Documents. As discovery is ongoing, Defendant has agreed to supplement the Interrogatories and Request for Production of Documents if any additional evidence is obtained and said information will be provided to Plaintiffs counsel in a timely fashion. 8. Denied. Defendant has provided Plaintiffs' counsel with all request discovery, therefore, this Petition to Show Cause is moot. NEW MATTER 1. Defendant has responded to Plaintiffs' Interrogatories and Response to Request for Production of Documents. In Plaintiffs' Second Petition for Rule to Show Cause, he argues that Plaintiff has failed to "adequately" respond to these discovery requests. However, Plaintiffs' counsel has failed to specifically and adequately indicate which responses Plaintiffs' counsel believes to be "inadequate." 2. It is Defense counsel's position that Plaintiffs' counsel believes that testimony regarding a possible malfunction of the vehicle is insufficient to maintain a defense regarding the same. As this is an issue regarding admissibility of evidence, a Motion to Compel and Rule to Show Cause is an insufficient vehicle by which to dispute this matter. As Plaintiffs' counsel has filed a Motion for Summary Judgment, which is scheduled for Oral Argument on October 3, 2007, Defendant believes that this Motion for Summary Judgment would be a more appropriate device by which to dispose of this matter. WHEREFORE, Defendant respectfully requests that this Court deny Plaintiffs' Rule to Show Cause as well as Plaintiffs' Request for $1,000 in sanctions for counsel fees associated with filing the original petition as well as the second petition. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. \ " D? By: L", Kevin D. Rauch, Esquire Counsel for Defendant S ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWER TO PLAINTIFFS' SECOND PEITION FOR RULE TO SHOW CAUSE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this o? day of "LA? , 2007. 41 j David L. Lutz, Esquire Angino & Rower, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. L I IL By: / q% / Kevin D. Rauc , Esquire Counsel for Defendant y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, ll, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ORDER Plaintiffs' Second Petition for Rule to Show Cause is hereby denied as Defendant has provided Plaintiffs' counsel with Answers to Interrogatories and Response to Request for Production of Documents. BY THE COURT: Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 David L. Lutz, Esquire Angino & Rovner; P.C. 4503 North Front, Street Harrisburg, PA 17110-1708 J. c:n ?^S rn w ?iJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 DEFENDANT'S ANSWER TO PLAINTIFFS' SECOND PETITION FOR RULE TO SHOW CAUSE V. KOREY STOCK, 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 #15143 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, ll, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. AND NOW, comes the Defendant, Korey Stock, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and sets forth the following Answer to Plaintiffs Second Petition for Rule to Show Cause and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. In this underlying action, the Defendant contends that there was a malfunction of the steering of the subject motor vehicle which was a factor in the underlying motor vehicle accident. To date, Plaintiffs' counsel has had an opportunity to depose the Defendant who, in the course of the deposition, testified that he believed that there was a malfunction to the steering of the vehicle. Defense counsel has also offered to make the Defendant's mother available to testify to the same. Furthermore, the Defendant, has filed adequate responses to each and every Interrogatory propounded upon Defendant. As discussed with Plaintiffs counsel on several occasions, discovery is ongoing, and Defendant will update these Interrogatories as new evidence of this malfunction is obtained. 5. Denied as stated. It is admitted that Judge Hess previously ruled that Defendant provide Answers to Plaintiffs Interrogatories and Request for Production of Documents. It is denied that Judge Hess previously ruled on the issue of "adequate" responses to Plaintiffs' Interrogatories. As of the date of this reply, Defendant has provided Answers to all of Plaintiffs' Interrogatories and Request for Production of Documents. 6. Admitted. 7. Denied. Defendant has responded to all of Plaintiffs' counsel's Interrogatories and Response to Request for Production of Documents. As discovery is ongoing, Defendant has agreed to supplement the Interrogatories and Request for Production of Documents if any additional evidence is obtained and said information will be provided to Plaintiffs counsel in a timely fashion. 8. Denied. Defendant has provided Plaintiffs' counsel with all request discovery, therefore, this Petition to Show Cause is moot. NEW MATTER 1. Defendant has responded to Plaintiffs' Interrogatories and Response to Request for Production of Documents. In Plaintiffs' Second Petition for Rule to Show Cause, he argues that Plaintiff has failed to "adequately" respond to these discovery requests. However, Plaintiffs' counsel has failed to specifically and adequately indicate which responses Plaintiffs' counsel believes to be "inadequate." 2. It is Defense counsel's position that Plaintiffs' counsel believes that testimony regarding a possible malfunction of the vehicle is insufficient to maintain a defense regarding the same. As this is an issue regarding admissibility of evidence, a Motion to Compel and Rule to Show Cause is an insufficient vehicle by which to dispute this matter. As Plaintiffs' counsel has filed a Motion for Summary Judgment, which is scheduled for Oral Argument on October 3, 2007, Defendant believes that this Motion for Summary Judgment would be a more appropriate device by which to dispose of this matter. WHEREFORE, Defendant respectfully requests that this Court deny Plaintiffs' Rule to Show Cause as well as Plaintiffs' Request for $1,000 in sanctions for counsel fees associated with filing the original petition as well as the second petition. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. gY• \(?? D ? '?! 4- I---- Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWER TO PLAINTIFFS' SECOND PEiTION FOR RULE TO SHOW CAUSE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this o? D day of 4, 2007. 91 j David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. C, V--? I 1:?, By: J 61- Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, individually, Plaintiffs, CIVIL DIVISION NO. 06 - 7126 (Jury Trial Demanded) V. KOREY STOCK, Defendant. ORDER Plaintiffs' Second Petition for Rule to Show Cause is hereby denied as Defendant has provided Plaintiffs' counsel with Answers to Interrogatories and Response to Request for Production of Documents. BY THE COURT: Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front-Street Harrisburg, PA 17110-1708 J. C? ° - n t=i 73 ri a 73 EDWARD GRANKE, II, a minor, by : IN THE COURT OF COMMON PLEAS OF and through his parents and : CUMBERLAND COUNTY, PENNSYLVANIA natural guardians, LYNN CRANKE and EDWARD GRANKE, and LYNN NO. 06-7126 CIVIL TERM GRANKE and EDWARD W. GRANKE, individually, Plaintiffs: VS KOREY STOCK, Defendant ORDER OF COURT AND NOW, this 30th day of August, 2007, following argument on the motions filed by the parties, the Defendant is directed to produce on or before November 20th, 2007, any reports or other evidence other than the testimony of the Defendant upon which the Defendant intends to rely in establishing that there was a steering defect at the time of the accident or be thereafter barred from adducing such testimony, expert or otherwise, at the time of the trial. By the Court, /avid L. Lutz, Esqu/re For the Plaintiffs /Kevin D. Rauch, Esquire For the Defendant :mlc V ? 1 :0r ? 1 LQZ E'lf` ?;et+f^fr'1 6 C '0I WO 9- JI-IS LOOZ EDWARD GRANKE, II, a minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE, and LYNN and EDWARD W. GRANKE, Individually, PLAINTIFFS V. KOREY STOCK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-7126 CIVIL TERM IN RE: MOTION OF PLAINTIFFS FOR PARTIAL SUMMARY JUDGMENT ORDER OF COURT '91A AND NOW, this day of October, 2007, the motion of plaintiffs for partial summary judgment, IS GRANTED. Korey Stock is declared negligent in the operation of his automobile on February 8, 2006, which resulted in an accident at a time when Edward Granke, II was a passenger in the vehicle. By the vid L. Lutz, Esquire For Plaintiffs /Cevin Rauch, Esquire For Defendant sal A Edgar B. Bayley, J. ?.. a?- '? ?? ? ;-_. ?: '.-,. ? '' ` (J?i 1 t_? Z __ r.? : <.?, ? ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com EDWARD GRANKE II, a Minor, by and through his parents and natural guardians, LYNN GRANKE and EDWARD W. GRANKE; and LYNN GRANKE and EDWARD W. GRANKE, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-7126 CIVIL TERM CIVIL ACTION - LAW V. KOREY STOCK, Defendant JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Date: p "V -0 343809 David L"Lutz I.D. No.35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 4? CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: ? /? - 0 0, 1 (A M 96raets 343809 ?,? i t Cf