The URL can be used to link to this page

Home My WebLink About94-04816 ~ Lt . -;'I ~ =5 ~ ~ ~ -..... 00 -::r- I~ " '", II , , \ .. " " (,Ii t' l' 'I! 'r .'j ",I. ",! :::11 la ;j '"~ ~I! , :~j ,& i;~ 1'\1 II "!~ J I ~~ ,I' ,} 'I, ,f' }i I 'n "1 '1'1 " I'.'; , , " /' / It .~ ..,.jJ ~ ,:,:j " " "I ;1 I' I'. 'fi l'l 'i1 I ',1: " '" JI " j ,\ I ,,":1 " No. __~J.7.4UJJi._C;;~~JJ.._'tem._ IlJ___ '. '.', \ " " .....................---....--...... Clarence I<holer and Marian L,' !<ohler ... Albert E. Fritz, Jr. and Horwith Trucks. Inc. and LV CanpBny, Inc. -----------------------------------. " SlImrnODl in ", Civil Action-Law ------------------------------------ Pusan BrBHc 101 South u.s. Dills burg, Pa. Route 15 17019 "1 432-9706 ._------------j(u;;;;;-------------- ~.._..,',- ,_1.>1......1.__ Ii . , , \ ,\ , " .. .., c:ocnr.rY or NORTJlMPTON SHERIFF'S DEPARTMENT a.'1'UU o. ...nOl./ SAlTON, .INNSYLVANIA 18042-7483 1. Case #1 rlf-'It/(.. '1'y.. or ..aVICI: I ) AIIIended Complaint I ] Attachment Execution and Interrogatories I J Attaohment Execution, Interro~atorios, Notico, Major Exemptions' Clsim for Exemption. I ] Citation, Preliminary Order and Pot it ion I ] Complaint Againot Additional Defendant I ) Complaint Joining Additional Defendant I ] Complaint in Civil Action. I I E j.ctment I I Equity [ I O.claratory Judgement I ) Mandamus I [ 1 other. I Complaint in Divorce ---------.--------- J Involuntary Termination of Parental Rights, etc. ] Joinder Complaint ) Meohanic's Lien J Notioe, 'ro Se Preliminary Order , Petition for Temporary Order-'roteotion from Abu.e I Order of Court and Complaint for Custody ) .raecip. for and wdt of Revival I ) Rei..ued Writ of Summons [ J Subpoena 1;><] Summons in Civil Action [ ] writ to Join [ ] Writ of. [ ) [ ) [ ) Hortq4qe Foreclosure Quiet Title Reinstated and Summons Summons Summon. - Equ'ty P08session Execution in PSl'Isonal Property Execution in Real Estate 2. [ J Other. lI&IIle of Individual: /II / fi:~r" T e- F rI T ~ ::Jr- Individually and Trading AS:_____ Date: 9/ '7________________, 19 9<; Time: // yt:J .,hours Looation of rlervioe:_____/:.I_..;l~_rJ._~)( 7 .A/n/<.7'h "r~_ /I) T" N [ ] Borough of [ ] City of ['llJ Township of: ,.0//(', ILJ ' Served in the following manner: Hcrthamptch county, ponnoylvonh [ J Defendant personally served [ I Adult family member with whom .aid defendant re.ide., Relationship is I I Adult in charge of defendant's residence, ( I Managar/Cl.rk of place of lodging in which defendant r...ides. 1<1 Agent or person in charge ot defendant'e office or usual place of busin.... KI ~ , (.;. r, ,..,... IV'- _ an.j officer of said defendant company. [ I Other. [ J Not round (complete--"un01ile to Locate" section below) Un.~le to looate: 3. t. 5. .. C".plltl~n .,t .11 II ..",l..,,, 10 ~..,. ,~, 't H, I . ',.' t" '"' ,-" Ii' 1("" I ~ I ,_ r t ~ ! ., r Il, ,I,,, . ~ I. t '1.1"II,l~l\t', lUj,I."". In,l,-,'t b.,lj.n..., eh..,k or th. ~."dl !f.tr.",- )1.'" \ I).'" ~ T', ~,w,_ 2, Dill ~ Till.' Ch..:kQt th."''',!h''''l,'_''.":,,,,_,i' 1',,' t j",,'" Ihla.b.~ at H'_.IIl!,'.. t., 1., .t. ".1..",."." ,J I:~\.. T Jr"" to U.t..TI....' I. Dlt., 1111.. , I)~' ~ ~ r,,,,., ~ _ Oot. ~ T....'" LDlt.'T',".' 1.1~1.1'. LL~ "IL' .j.l.",!~"t.. _"1:1"1'"" Olh ~ TIll.' '..to, '.1..... ~,t Il 1'",,,.l'O r r" . lot! ""'I""': II "j:_' .,-,,~'. 1.1.'."." and II Iny ..j,lIn. ~h.n9.' LD.t"''tll'.'_. t. elIllClltlt<l ..HII P"._ orl','. " ... :1 ,'~! ".;.I~",' ,-" ..1:.."" ,y". I 'H. U........dd'..., I. D.t. ~h.,:k.,l, "'I,... ."""1."" ,-,-..'..t..I.",\..,,'., J '.. J. U Y." n.... ...I<.'t.,., ACCEPTANCE OF SERVICE ,,,,.1. ,. '~I' ..It ., I ,,,.. i..,.: 1_' ,ft...... .,,,t.', j "...1 , " "1. I' .'" .,1 '1011 .1."",,,,.,... 1"1. ..r'II". " .. '~I '", '''.K I .,1 "',. i.,',d l..t."..I.,,' '" .".j I h...hy "Kl" ,tf th,,' I &/I ."th"I'~u.1 t" ,j" .". .0 ANSWIRS: ...... ....'..,.. ~'" BlUuurr or 'OM1'UAHVTf* U....'"1.' 1. COUII'l"Y or 1l0R'fBlUlPTON SHERIFF'S DEPARTMENT ..TUaII o. '1Pl~/ aAlTOI, 'BllllSYLVAllIA 18042-1483 1;f6J~ lf$/ t-, Ca.e I: 2. TY'I or 8IaVICI: I I Amended Complaint [ I Attachment Execution and Interrogatories [ ] Attachment Execution, Interrogatories, Noti"e, Hsjor Exemptions' Claim for EXeDlption. [ I Citation, Preliminary Order snd Petitton ( I Complaint Agsinst Additional Defendant [ I Complaint Joining Additional Defendant [ I Complaint in civil Action. [ I Ejectment ( [ I Equity I [ I Declaratory Judgement I [ ) Handamue I ( ] othen I Complaint in Divorce I Involuntary Termination of Parental Rights, etc, I Joinder Complaint ) Hechanic'. Lian I Notice, Pro Se preliminarr Order , Petition for Temporary order-prot.ction from Abue. J Order of Court and Compla nt for CUBtcdy ) Praecipe for and w"it of Revival I Reiuued writ of Summons [ I Subpoena ~]] Summon. in Civil Action ( writ to Join [ ] Writ of, ( ) Summons ( I Summons - Equi t Y [ 1 POBsession [ ) Other! Ifue of Individual: ~_==-_c:.a-N>" ,It' ;<y_~ -;J;,1v ~ - Individually and Trading As: I Date: V 7 __, 19 7 Y' --Time: // So' (1 Looation of 'ervio.:~ r J Z ~ Bo'lr Z_~'Yo~-rt '~-IL-r (J;tJ ( ] Borough of [] City of j)i.l 'rownship of:. /' ;;e, p 8erved in the following manner: No<<hamp'on County, .0nn.yl.on1o [ I Defendant pereonally served [ ) Adult family member with whom said defendant resides, Relationship ie [ ] Adult in charge of defendant's residence. [ ] Hanager/Clerk of place of lodging in which defendant resides. [ J Agent or person in charge of defendant's office or usual place of busin.... [),J A',.""". IV.., 6,-, ,.....~n.__'_ and officsr af said defendant company, ( ] ot'lieC" I I Not round (complete "unaE1:'.. to Locst." section below) Unable to locate: Mortgage Foreclolure Quiet Title Reinstated and Summonll .-----.-.--.------- Execution in PerBonal Property Execution in Real EBtate 3. .. hours 5. .. Co.pltUnn ot tI'll l..dhH I' ,,",..14' 'y .,.1" ,,,,,,;.., .r ,,,:~,,,,,,,, ,,:;. ,,' ,I.t...",!.", I r..,l.t."". .n,t-or bU.I"...'___________~_ .. Cll~~ QI t~. hnch WUl'''' I."" I. Ch"~ 01 thl N~rtl\'''r-'..n ';"J';'" i 1', \ 0.,. ~ ~'" Of' 2. Olt I . TUlI< , "..'.. r."... I. P.t..Tl.lllt1. .. ItIIabtr at In'''l;t. t.; 1."'",, ,,,,~,',I.,, .' :-." , , :i.t. ~ T'"'' \.IlIU'T,,"" '....1 ' l"~~I""'" : I" .h,r.",14"'" '''I'I,y.r; O.t.'" TIII..'.._..~...,..,__..__~______.__ .-".." ,,'1. P,,';l-,l ".1 r , .1..1.,,,,.,,,. 1\ ')~II"'_'H . Lt,:."". 0".1 il o"y o",hl" .;hln9t' """ J.Dltl.TlI..'_. ,. Dlt"TllO". ,.'". . u..~ /I,loll ... J : I.. ..._.~_ ._ ". ._.__.___...n_..__.~._._ I. CIl"~td with P'u'. Otll-:' '" .~. II ...t.. '''J,t :." ',or. p" '.J' ',., .' l. OIU d,"qk.,I, """."., ,I' ',t....., ""'"1''' 1.,:.,...'.1.",1''''.' J. U y.... nl'" .,!,I,..., 10 ANS"IRS: /~ d: ~jf14 T""~~ '7' ,;)..... , , ~....t:a.:I:.!__-------_. InOClll'" ()., .oItTHA"~"'U' r:(.IH1'1/ ACCEPTANCE OF SERVICE , ,.", ~,. i ,', "I' ..,.,', " I' C,," \" I~: I,j .'." .. 11; 'I\..,t ,." , h. I, ou' "r ,~.. ,j"., "..."t, 'l'h'-" ..tV I~I ;0" ~jr,.t ,..".:1 1 "'~ :...'~'! l,d.",.I~,,'\. 0",11 1\"..I'y ".,.>d'l th.'. I" .,,'horll.,j t.} ,jo '0, "... H "'",.",. ,,..,,,,,,.,,, couwn 0' IIOIlTIINIPTOIl SHERIFF'S DEPARTMENT ! .I'VIII o. ..'WIOJ /' aAlTOI, '___SYLVANIA 18042-1483 1. Ca.e II: 9(; lfB/h '''I 0' ...VICI: I Aaended Compl.int I Att.chment Ellecution and Int.rrogatori.. I Att.chment Ellecution, Interrogatorh., Notlca, Major Ell.mptlon. , Claim for Exuption. I Citation, preliminary Order .nd Petition [ Compl.int Ag.in.t Addition.l Def.ndant I Compl.int Joining Additional Defendant ( Compl.int in Civil Action. ( I Ej.ctm.nt [ ( ) Equity I ( I Decl.r.tory Judgement I ( I M.ndlllllu. [ ( loth... I Complaint in Divorce --- ----------------- I Involunt.ry Termination of Parental Right., etc. I Joinder Compl.int I Mech.nic'. Li.n I Notiee, Pro Se Preliminary Order' Petition for Tempor.ry Order-Protection from Abu.e I Order ot Court and Complaint tor cu.tody ( I Preeaipe tor and Writ of Revival ( I Ileie.ued Writ of Summons (l~ Subpoena Summon. in Civil Action writ to Join ( I Writ of. I] Summon. I I Summons - Egulty [ I Possess ion Mortgage roreololure Quiet Title Rein.t.ted and Summons Exe..:ution in Perlonal Property Execution in Real E.tate 2. ( I Other. _____________, _______ .... of Individual:-A"4.C~-I'7l:.._Lc~ Ie:- r: _ 1:.t-J c. Individually and Tradinq AB: ________________ Dat.1 I /7--------------, 19_-"$_ Time: // Yt'J LooaUon of B';lvic:el_.&""~~?.!L_~,,),"7 .A!<'^T(~- ....^-'\PTo N [ ] Borough of [] Cit,y of {Xl 'rownship of:_L/I~^J / .erv.d in the following menneI': . ~otlh..pton county, ,enn.ylvan1. ( I Detend.nt p.rsonally .erved ( J Adult tamily member with whom Bald defendant re.id... Rel.tion.hip i. ( J Adult in charge ot defendant's reBidence. I ) Manag.r/Cl.rk of place of lodging in which defendant residue. I ) Aq.nt or per.on in charge of def.ndant'. office or u.ual pl.ce ot bu.in.... l.l\l ,r. 6 ,",' "'~ ,rJ- and officer of .aid defend.nt comp.ny. I ) Other. I I Not round (complete "unable to Locate" .ectionoeTow) Unable to locate: 3. 4. hours 5. t. (o.plul.on 01 thl. ....,.;._" ,. "'"",1,' '/.',-1" I" "",, ',,'! ,,, I h".II'" 1\';"1" ". '..1.' ,','"n.unt. "",I...,. .n,j"" b....t....,. (11"11 of till ho,;h W."",,f, l"t I III'" ~ 'I....' 1.lJ....TIIl.' CI\""IIQltl\"U"I'IIl&ll'I'"-"r,,,,,"/I'l" I It'-".; 1 I..', ~ r,.. 4. C.... Tl", 'lIlIINr 01 Inul'" to l' 'If. -I..' ~., ,.r' .' ..., 1. DU.. T'....' ~ n.'.. L...' I. Clt.. TIll" . " ~ , r..lll" "It 0,.11 t., ,j.I....I...!'. '10111-')'" D..... tU.".. LOin. TI"'. ~. DIU' Tllll' . I...... " "I,,,,. ~1'1. '..,,_."'~ J , .101.,,1.,,', . 'I~'I"'" I LI,".n.. .n,j If Iny "Hr... cll'n~.' I in I \Ij, ~... A,l.ll n', .. CIl..,1I11d Wllh ",.t Q' r ,." l.; .... I f d~l.,,,j",,. 1.4e 10., 1. DU. ~h.'_..J,. J,lty.., n.....I'll...' ".", ",,,",,,., 1....1..1.".1.",. /, ".", 10 ........~* ;t' ,"" / - -;/! -' " ::' / "~;-~---- "U_'UJ'J' OP .oIlTllAMl"TC* f'llC.i,n'y ACCEPTANCE OF SERVICE ',~,.I,. '.,' .~, .! I',~ ,"r~, I' ~.... ,1"".01."".. t, n' 'II th.. .""'1..1\1 Thl. "r~l~. ... .I'~' "",~,! r 'I" ,,"." ,~r~"h"I. .' I r t,.,.l.y .l'.I/lh.' I .1I."l!l"III." ~,> II.. .". ;'" \ , or . ~ 0 Ho. __~~l-:,'lUl!t._<';1.,JJ.~lli~1J1.__ 19..__ nlll, i , ,;" ,_0' ,'~ il'.1 ; l' _______~__M______________.____M_____ Cll1I"cnce Kh~lC!r mid Milrian L. Kohler VI. I\lbcrt E. Fritz. Jr. .:ind lIorw'l. th Trucks. tnc. ilnd 'LV Ccnl[xJrlY, Tnc. _~___~__~_._________________M_______ ,Swnmons in CivIl I\ct:l.on..LnW ______M_____________________________ 0\1>,<1[) Brau'c 101 Sout.h U.S. Houte 15 [),i:ll:;;burg. Pa. J, 70 19 43;!-9706 ------------------------------------ Attorney ,,' .~ I, ~ , 1 , -' " _. Ii ", JAM 31 2 Jl PH '95 " ;', " ',1' ~ /r. I, I',' I. f'il.; "'" . , '" " ", " " I"" " " ,\1 '" ',I " , , " " jlJ ~1""""_jjli~ioIlnf~I~~pf"""R''''''"''~'-'';F' -."--".."---,........-.....--.. - d' II" " ,,' ,I "'W""'f' .. . , If , " . I", '"X I ", I, '.'1' ,I;" " .. .' , .,,: '-I '...~ ' '! r '111, 0/" III' .~' a t I ; . . I . , I, , ",',';, ''',' \"fi;;,~'''''''' .' , . CLARENCE KOHLER I PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4816 CIVIL TERM 1995 v. ALBERT E. FRITZ, JR., HORWITH TRUCKS, mc. AND LV COMPANY, INC., DEFENDANTS JURY TRIAL DEMANDED CIVIL ACTION - LAW P RAE C I P E TO THE PROTHONOTARY I Please execute the accompanying Rule upon Plaintiff to File, a Complaint in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLE~~ & GOGGIN DATE:;] - ')- 9S- BY: M 100 PI REET P.O. BOX 803 HARRISBURG, PA 17108-0803 (717) 232-9323 SUP. CRT. I.D.# 52918 ATTORNEY FOR DEFENDANT, HORWITHTRUCKS, INC. 0) " "I, Ii' " " , "I', " , I; " " , " , , " , , " " , , " , " ", , , , 'I , , " ..~.-,,,.--l~....~._-.+ .... 'V', "~ , , " I .J " IJ" " i'. +,'.:.. ! ~ , ..~._, I.'~ IIf;, , , \'" . 'f l"""'"~ r, , ~." , ii, \ !' ,I I I \ " ,,~ , " .J' ^ " ~.j, . . , , " '" " :. " . 'I ", "" I"~ d, ~!< IIuI " 59 All '95 " f1t~ G" OfFICE 0' TilE F:0THOHCh~Y ~UNbfHI ^HO r,',:HY PEtlH~,," ,Af;'^ " , , " "' " , , " , , , " , " " 'I'd." , ",1 " "" ....v__.""~\9Yl.lo".;;;:.f,;J>-.I.'.'-"'~<'<-O,.,...... " II ~, r 'I ~ , : ., '. , ,-." , , ~......_, " r~ "1" " )1 CLARENCE KOHLER and MARIAN L. KOHLER, Plaintif fs, IN THE COMMON PLEAS COURT or CUMBERLAND COUNTY, PENNSYLVANIA v. I : I : : : : : : : CIVIL ACTION NO. 94-4816 ALBERT E. FRITZ, JR. and HORWITH TRUCKS, INC. and LV COMPANY, INC. Defendants. JURY TRIAL DEMANDED NOTICE You have been sued in court. I f you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR I.AWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 5. Defendant Horwith Trucks, Inc.'s Corporation with a registered address as Northampton, Northampton County, PA 18067. 6. The Defendant Horwith Trucks, Inc.' s has been licensed to do business in Pennsylvania. 7. Defendant LV Company, Inc. is a Pennsylvania Corporation with a registered address as Route 329, Box 7, Northampton, Northampton County, PA 18067. 8. The Defendant LV Company, Inc. has been licensed to do business in Pennsylvania. 9. The facts and occurrences hereinafter related took place on or about August 27, 1992 at or about 2100 P.M. at or about SR 15 and West Lisburn Road, Mechanicsburg, Upper Allen Township, Cumberland County, pennsylvania 10. At the aforesaid time and place, Plaintiff Clarence E. Kohler was the driver of a 1979 Ford Courier. 11. At the aforesaid time and place Plaintiff Clarence E. Kohler was stopped for a traffic signal in the right lane of SR 15 and West Lisburn Road when Defendant Albert E, Fritz, Jr. operating a Freightliner truck tractor smashed into tho back of Plaintiffs' vehicle pushing Plaintiff off the roadway across the berm and into the guardrails and into another vehicle. is a Route Pennsylvania 329, Box 7, COUNT I CLARENCE E. KOHLER v. ALBERT E. FRITZ. JR. 12. All of the aforesaid averments contained in paragraphs I 2 through 11 are realleged and incorporated by reference as if more specifically plead herein. 13. At the aforesaid time and place Albert E. Fritz, Jr. was the operator of a 1990 Freightliner truck tractor and was traveling North on SR 15 in the left lane behind the Kohler vehicle. Albert E. Pritz, Jr. was traveling behind the Kohler vehicle which stopped for a red traffic signal and smashed into the rear of the Kohler vehicle operated by Plaintiff Clarence E. Kohler. 14. The lane of travel for the Defendant, Albert E. Fritz, Jr. was controlled by a signal light at the intersection of SR 15 and West Lisburn Road. 15. At that time and place the vehicle operated by Defendant, Albert E. Fritz, Jr. was caused or allowed to go out of control smashing into the Kohler vehicle and causing the Plaintiff to sustain the injuries set forth below. 16. Said collision and all of the herein mentioned injuries and damages sustained by Plaintiff are the dizect result of the negligent, careless and reckless manner in which Defendant Albert E. Fritz, Jr. operated his vehicle as follows I (a) In failing to keep proper and adequate control over his vehicle; (b) In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating his vehicle 3 upon the highway in a manner endangering persons and property in violation of 75 Pa.C.S.A. Section 3714, (c) In failing to have his vehicle under such control as to be able to stop within the auured clear distance ahead in violation of 75 Pa.C.S.A. Section 3310; (d) In failing to apply his brakes in time to avoid striking the vehicle in which Plaintiff was a operator; (e) In failing to exercise the high degree of care required at a traffic signal and in failing to maintain a proper lookout for a traffic signal at said intersection; (f) In failing to operate his vehicle under such control as to be able to stop on the shortest possible notice in violation of 75 Pa.C.S.A. Section 3321, (g) In being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions, (h) In driving his vehicle behind the vehicle in which Plaintiff was riding at a distance too close for the safety of the Plaintiff in violation of 75 Pa.C.S.A. Section 3310; 4 (i) Failing to operate his vehicle in accordance with existing traffic conditions and traffic controls in violation of 75 Pa.C.S.A. Section 3303, (j) In failing to exerc ise the high degree of care required at an intersection and in failing to maintain a proper lookout for traffic at said intersection in violation of 75 Pa.C.S.A. Section 3111f (k) In failing to drive his vehicle at a safe and appropriate speed for traffic conditions in violation of 75 Pa.C.S.A. Section 3361f (1) Otherwise operating his vehicle in a careless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 17. As a result of the aforementioned accident, Plaintiff Clarence E. Kohler suffered abrasions, contusions and injury to his muscles and nerveD which include, but are not limited to: (8) Chronic Traumatic Thoracolumbar Strain/Spasmsf (b) Left Shoulder and Right Posterior Thorax Painf (C) Closed Head Injury; (d) Shoulder and Lower Back Pain involving the nerves and musculature of his bodYf (e) Headachesf and (f) Diplopiaf 5 18. All a result of hill injuriell, Plaintiff Clarence E. Kohler hall undergone in the pallt and will in the future continue to undergo great pain and suffering. 19. All a result of his injuries, Plaintiff Clarence E. Kohler hall Iluffered a permanent disability and a permanent impairment of hill earning power and capacity. 20. As a result of his injuries, Plaintiff Clarence E. Kohler has Ilustained a permanent diminution and the ability to enjoy life and life's pleallures. 21. As a result of his injuries the Plaintiff Clarence E. Kohler has incurred medical expenses and will continue to incur medical expenses and supplies in the future and a claim ill made therefore. WHEREFORE, Plaintiff Clarence E. Kohler demands judgment of the Defendant Albert E. Fritz, Jr. in an amount in excess of Twenty Thousand and 00/100 ($20,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT II CLARENCE E. KOHLER v. HORWITH TRUCKS. INC. and LV COMPANY. INC. 22. All of the aforesaid averments contained in paragraphs 1 through 19 are realleged and incorporated by reference as if more Ilpecifically plead herein. 23. At all times relevant hereto Defendant Horwith Trucks, Inc. and LV Company, Inc. were the owners and/or representativell of 6 the owere and carriere of the 1990 Freightliner truck tractor. 24. The truck which collided with the Kohler vehicle was owned and/or operated by the Defendant Horwith Trucks, Inc. and LV Company, Inc. and was at all times relevant hereto being operated by a servant, agent or employee of the Defendant Horwith Trucks, Inc. and LV Company, Inc. who was then and there engaged in and upon the performance of duties of employment within the scope of the eaid servant, agent or employee's authority or employment and upon the business of the Defendants. 25. Defendant Horwith Trucks, Inc. and LV Company, Inc. gave their consent and permission for Albert E. Fritz, Jr. to drive said vehicle and he was acting in furtherance of and not apart from the service and control of both Defendants. WHEREFORE, Plaintiff Clarence E. Kohler demands judgment of the Defendant Horwith Trucks, Inc. and LV Company, Inc. in an amount in excess of Twenty Thousand and 00/100 ($20,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT II I MARIAN L. KOHLER v. ALBERT E. FRITZ. JR~ 26. All of the aforesaid pertinent averments contained in paragraphs 1 through 25 are realleged and incorporated by reference as if more specifically plead herein. 27. As a result of the injuries sustained by her husband, Plaintiff Marian L. KOhler, has been and will be deprived of the assistance, companionship, consortium and society of her husband, 7 all of which have been and will be to his great damaqe and loss. WHEREFORE, Plaintiff Marian L. Kohler demands judgment aqainst Albert E. Fritz, Jr. in an amount in excess of Twenty Thousand and 00/100 ($20,000) Dollars and in excess of the amount requirinq compulsory arbitration. COUNT IV MARIAN L. KOHLER v. HORWITH TRUCKS. INC. and LV COMPANY. INC. 28. All of the aforesaid averments contained in paragraphs 1 through 25 are realleged and incorporated by reference as if more specifically plead herein. 29. By reason of the aforesaid injuries sustained by her husband, Plaintiff Marian L. Kohler has been and in the future will be deprived of the assistance, companionship, consortium and society of her husband all of which has been and will be to his great damage and loss and claim is made therefore. WHEREFORE, Plaintiff Marian L. Kohler demands judgment against the Defendant Horwith Trucks, Inc. and LV Company, Inc. in an amount in excess of Twenty Thousand and 00/100 ($20,000) Dollars and in excess of the amount requiring co ulsory arbitration. Dated: 7h,~!;\/ f u-- D san Bratic ID . 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs 8 " HII t. ~ 21 PH '95. " '" ,,' HLlu.omO! Of THE 1'1l0rHONOTA~Y CUMIlCALANO ot)ulln PENN5YI.VP~I& , I I , ! " :1' , , ", .', ,'1, I ,,''\ "I " " " " , , -,',\ " I I--i ,u "_'~."'_""'."_I;. _~.H""""'_ f?""" I " '''''',-1/'1' , , , I .' , , . I' I I II i , ., ",' i .. . " ~' ,.~ .' ..-:-~ " :-'-''';lm;J~'r i! ,.t;".-u-, r~1 ,,;, (i:'~\ \:".'" , ," 'I.,' I tJ', ;I't " \' 'II' ,; ir'l ~ .,.~", ~ n,/,l.~;p"~ . '. ,",,'"1f' ;, " :'1 ':/ " " ,I " 'il411 is /22'1 1'I('9S ;' rl/,"" r"../, , . ,^~' ~ " 9. Denied. After reasonable investigation and inquiry, Answering Defendants are without information to form a belief as to the allegations, and accordingly, the same are denied and strict proof thereof is demanded at trial. 10. Denied. After. reasonable investigation and inquiry, Answering Defendants are without information to form a belief as to the allegations, and accordingly, the same are denied and strict proof thereof is demanded at trial. 11. Denied. After reasonable investigation and inquiry, Answering Defendants are without information to form a belief as to the allegations, and accordingly, the same are denied and strict proof thereof is demanded at trial. COUNT I cI.ARENcE E. KOHLER V. ALBERT E. FRITZ. JR. 12-21. This count is directed to a Defendant other than Answering Defendants, and no reply thereto is deemed necessary. However, these paragraphs are denied as Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial. By way of further answer, the allegations of these paragraphs constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. -2- ......0.., Answering Defendants, Horwith Trucks, Inc. and LV company, Inc., demand judgment in their favor and against Plaintiffs, toqether with interest, costs and attorney's fees. COUNT II CI.ARENCE E. KOHLER:V. HORWITH TRUCKS. INC. AND LV COMPANY. INC. 22. AnBw.ring Defendants incorporate by reference the responses to paraqraphs 1 throuqh 21 above as if fully set forth at length herein. 23. Denied. After reasonable investigation and inquiry, Answering Defendants are without information to form a belief as to the allegations, and accordinqly, the same are denied and strict proof thereof is demanded at trial. 24. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordinqly, the same are denied and strict proof is demanded at trial. 25. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleadinq is required and accordingly, the same are denied and strict proof is demanded at trial. ..IRI'ORI, Answerinq Defendants Horwith Trucks, Inc. and LV Company, Co., demand judgment in their favor and aqainst Plaintiffs, toqether with interest, costs and attorney's fees. -3- COUNT III MARIAN L. KOHLER V. ALBERT E. FRITZ. JR. 26-27. This count is directed to a Defendant other than Answering Defendants, and no reply thereto is deemed necessary. However, these paragraphs are denied as Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial. By way of further answer, the allegations of these paragraphs constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. ..I..WOR., Answering Defendants, Horwith Trucks, Inc. and LV company, Inc. demands judgment in their favo~ and against Plaintiffs, together with interest, costs and attorney's fees. COUNT IV MARION L. KOHLER V. HORWITH TRUCKS. INC. AND LV cOMPANV. INC. 28. Answering Defendants incorporate by reference the responses to paragraphs 1 through 27 above as if fully set forth at length herein. 29. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof is demanded at trial. -4- ..1.lrO.I, Answering Detendants demand judgment in their favor and against Plaintiffs together with interest, costs and attorney's fees. NEW MATTER 30. Plaintiff has failed to state causes of action upon which relief can be granted. 31. Plaintiff's causes of action are barred and/or limited by the applicable provisions ot the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. Plaintiff's causes of action are barred and/or limited by the Pennsylvania Comparative Negligence statute and/or any other applicable comparative negligent statute. 33. Plaintiff's claims are barred by the applicable statute of limitations. 34. Plaintiff's injuries, if any, were caused in whole or in part by third - parties over whom Answering Defendants had no control nor right of control. 35. Plaintiff's claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 36. Plaintiff's claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation statute. 37. Plaintiff, Marian L. Kohler's claims are derivative in nature and are barred under the circumstances as a matter of law. -5- , ' API 1 3 ~& fK .'. ',' I 'I ii, ~In Of I1II ,,' ':IO~:,I~ \k' QUI1~f 'II. Ai.! I." ,1[1 PF ~," 'j' \ ',,'_il ,,\ ,I I I;' " , " " " " " ", I, " ''I I' 'I " ',' ',' ,'I " . ~ ,\ II "'~~.~--1lo'" , ,...,..~..,.,"..~ .-:,.".'>--...- .., 'j" .', .' Ii' . , ,"'t, I , . " ~ 't!, " ~ . t', " ,."1 ",7 -;t1; I"'" :>iI!qf" if' ,"',;, ...........1 ~_. I " .r ;',,',j' I' 'h~ibf',}!14'-;"_ifj . 'f', ')' '" nt'}'lf(i1 :,J,;;':i' ..'1' ':', F ";f~:,<,I, -'; "",' :) ,\ i I'F I I " ,'I . 'I I, ,,':~r:~;'.~;';~~~~:~~f~r.~~.t!- J)i':I;,.,\,:I,,,,.,;',I,,,I,,,';"(;'" I~...~._,. " ,H~,i':"i I:;," ['I) '\J--""'.;~d", ''':,1'', ".; F- '"",.-, -'. '." i,....... .' ."_[_' '_;.' ,. . ._'. __", i,;-.t\\:{:"'T",t'\ ,'iI:yir,,' ,",i"'" 'l~, '.1. ,_1 I:.~,I. .."J }i'e" :\",,(. ""'i "i~I~~.~17'~~i" il':,",I; " (' f ',I.i t\(\1 ~ " , , ",,:,' f\ ~J' r 'I I! \ , I ~ ,. . . respond to these discovery requests within the time frame prescribed by the Pennsylvania Rules of Civil Procedure. . A copy of this correspondence, datp.J May 3, 1995, is attached hereto as Exhibit "C". 5. On or about June 20, 1995, Defendants, Horwith Trucks, Inc. and LV Company, Inc. requested Plaintiffs to provide answers to these Interrogatories and Request for Production of Documents, a copy of which is attached hereto as Exhibit "0". 6. On or about June 28, 1995, Plaintiffs forwarded to Defendants correspondence which indicated that discovery responses would be forthcoming, a copy of which is attached hereto as Exhibit "E". 7. To date, Plaintiffs have failed to provide answers to the Interrogatories or the Request for Production of Documents in the above-captioned matter. 8. The Pennsylvania Rules of Civil Procedure provide that answers and/or objections to Interrogatories and Request for production of Documents shall be filed and served within thirty (30) days after service. Pa.R.C.P. 4006 and 4009. 9. ~Jore than four (4) months have passed since Plaintiffs were served with these discovery requests. 10. Pa.R.C.P. 4019(a) (i) empowers this Court to enter an appropriate Order against the party who fails to comply with legitimate discovery requests propounded under the Pennsylvania Rules of Civil Procedure. -2- .. . , . , I < IX"" A _. " ~ CLARENCE KOHLER, MARIAN L. KOHLER PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERL,AND COUNTY, PENNSYLVANIA v. NO. 94-4816 CIVIL TERM 1995 ALBER'r E. FRITZ, JR., HORWITH TRUCKS, INC. AND LV COMPANY, INC., DEFENDANTS JURY TRIAL DEMANDED CIVIL, ACTION . LAW INTERROGATORIES OF DEFENDANTS, HORWITH TRUCKS. INC. AND LV COMPANY,~NC. DIRECTED TO PLAINTIFFS These Interrogatories are propounded pursuant to the Pennsylvania Rules of Civil Procedure and are to be answered by the Plaintiff(s) in accordance therewith. Plaintiff(s) are required to answer these Interrogatories in writing under oath, based upon all information available to them and to their attorneys, employees, and other agents. or representatives. Plaintiff(s) are also required to serve answers to these Interrogatories within thirty (30) days, and supplement their answers in accordance with the Pennsylvania Rules of Civil Procedure. These Interrogatories are to be answered by the Plaintiff (s) . INSTRUCTIONS A. The words "you" or "your" when used herein refer to all Plaintiff(s), their agents, servants and/or employees. B. "Identity" when used herein with respect to an individual means to state: (1) the person's full name and present or last known address; and, (2) the person's position, employer and employer's address at the time of the events referred to in the Interrogatory. C. "Identify" when used herein with respect to an entity other than an individual (e.g., a corporation, partnership, unincorporated association, governmental agency, etc.), or a division or subdivision thereof, means to state the full name and present or last known address of the entity, and, if applicable, the full name and present or last known address of the entity'S division or subdivision. D. "Document" when used herein means any record, including any object containing written, printed, or magnetically recorded information, a graphic or photographic representation, or sound. "Document" includes the original or any copy of any statement, report, letter, memorandum, book, article, note, blueprint, drawing, sketch, photograph, motion picture, videotape, sound . 6. If any X-rays were taken of you because of this accident, state the names and addresses of the persons who took the X-ryas; the dates on which the X-rays were taken; the charges for same. .1 -6- 10. If you are making a claim for loss of earnings or impairment of earning power because of this accident, set forth the following: a. The name and address of your employer and your job classification and your monthly or weekly rate of pay at the time of the accident; b. If you had more than one employer during the three-year period prior to the date of this accident, state the name and address of each such employer other than the one mentioned above, and your job classification and your weekly or monthly rate of pay and inclusive dates of such employment during the said three-year period. c. Total earnings for the period of one year prior to the date of this accident. d. State the inclusive dates during which you allege you were unable to work as a result of this accident and the total amount of pay you lost because of this absence. e. State the date on which you started work again, and state the name and address of each employer for whom you have worked, with inclusive dates of employment, each job classification you have held and each monthly or weekly rate of pay which you have received from the date of starting work again after the accident until the present time. -10- 11. Describe in detail all other expenses incurred as a result of this accident for which you are making claim, and state the dates on which each such expense was incurred and its amount. If claim is made for household help, also state the name and address of each such person employed and the periods of employment. ~11. 12. a. Did you, prior to the accident here involved, suffer any injury, disease, illness or deformity involving any part or function of the body as to which you claim injury or damage in the accident here involved. b. Exclusive of the injury, disability, illness, disease or deformity which you allege resulted from the accident here involved, have you subsequent to this accident suffered any injury, illness, disability, disease or deformity involving any part or function of the body as to which you claim injury or damage in this accident? I, -12- injuries, 14. If you have not fully state in what respects you have not recovered from fully your recovered. -14 - MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN . DATEI SI/J;/9S BY: TH 100 pine P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANTS, HORWITH TRUCKS, INC. AND LV COMPANY, INC. -17" the same parts of the body claim~d by Plaintiff to have been injured in the occurrence described in the Complaint. 3. All employee reports, records, tax returns, attendance records, and wage statements relating to the claim of loss of income as a result of the occurrence in Plaintiff's Complaint. 4. Copies of all statements, memoranda, summaries of other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation, or your attorney's investigation into the incident involved. (You need not supply any attorney's "work product" or other material which is specifically accepted as privileged by the above Rules). 5. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to ~he extent that they would disclose the representatives' mental impression, conclusions or opinions respecting the value or merit of the claim or defense. 6. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained Cram any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements memoranda, or recordings made by parties to this lawsuit of their representative. -2- 7. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements signed or otherwise adopted or approved by the person making it or stenographic, mechanical, electrical, or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pennsylvania Rules of civil Procedure No. 4003.4. 8. To the extent that you have not already provided the same, copies of all records, documents and memoranda, which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 9. To the extent not already provided, all reports of those experts who are to be called by you as witnesses at trial, which reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. 10. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. 11. To the extent not already provided, all photographs, diagrams, maps, surveys, plans and models of the site of the incident in question that are in your possession. 12. To the extent not already provided, all documents containing the names and addresses of witnesses or potential -3- , witnesses with the exception of'material described above, specifically correspondence privileged by the above rules. 13. To the extent not already provided, all property damage estimates relating to the claims in the Complaint. 14. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. DATE: S /"1 J9S , MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Ta~~~ 100 Pine Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232 - 9323 BY: ATTORNEY FOR DEFENDANTS, HORWITH TRUCKS, INC. AND LV COMPANY, INC. -4 - AJ.J,DIT\JW,/'liNNSnVm;A (0101 716.7\00 FMtOlOlnO,1""I OOYUSTOWN, ralNSnVANIA (1II114d,101l FMIlIIII4d."'9 IANCMTU. PENNSnV^",IA 1717119ll.IMI FM17I71111'/,16Il MEDIA, PliNNSnV^",IA (0101 69l.61oo fA'C (1l1011JIIUnO NOIUlJsnlWN, PENNSYLVANIA tOl01191.!4<O ,^X (010Il91<>410 P1m;BU~lllt, PENNsnV^",IA (1111)91._ FM,llllllll.IOll l.AW omc:", NL/\RSIIAII, DENNEIII), , WAR NII~ CUIIMAN 6 (;()(;< ;IN I~ULAI1I'UIUA,I"N~snVANIA (11I1 l1l.l600 FAXIlIl5)I1l<lll" SLMHRlN. PENNSYLVANIA 11111111-1'1\19 FAX, llIll ,,1-19\1'1 Wfsr UII!:>TIJl. FENNsnVANIA 101011ll.41oo FAX 10101111.1111 MAI<I.TtlN, NE'II JE~SEY (6O'l)96'.)'lOO fAX, (609) 9115.1YH ~1)sEl.ANI1, NE'II JEJ<sEY 1101111'/10101 FAX,1l0119llH"\ WILLl1.MSI'O~T./'liNNSnvANI.' llI111Wl091 ,^x 1111) ll6.llO7 A l'\tOI.,'iSlllNAL m~I"MTI"N 100 PiNE !)11lU.T, 41111H II lit ro. 80XIIO) ItMllISIIU~ll,I'I!NNsnVANIA 171011 0IIll1 17I;llll,IOll '",IILE Mll1llfS,';- M^~SIt^11 FAXI(7I7)JJJ.IIKII June 20, 1995 Direct Dial 232-9323 Dusan Bratic, Esquire 101 Office Center SL,j,te A 101 U.S. Route 15 Dillsburg, PA 17019 RE: CLARENCE KOHLER v. HORWITH TRUCKS. INC., 8T AL. OUR FILE: 14180-01756.061 CCP (CUMBERLAND COUNTY) NO. 94-4816 Dear Mr. Bratic: Plaintiff's Responses to Interrogatories and the Request for Production of Uocuments served on behalf of Horwith Trucks, Inc. in the above-referenced matter are now overdue. Please advise when we can expect our responses to these items of written discovery. Very truly yours, TlOO! ~ tiJ!:!!- TJM\rkn Nav I; " .1 L PH '95 I " 1'( I J; ('(J-fll'r' 'J!' I 1/"1, , . ' ou,..,~ 1"~ll' 1'1,41,) , pdllj~rLY4'II'Am , 'I, ': ;'J, . , i " I' I' ,I r;:' I I I " Ii " )' ',I II ,I ,.r" , ' .'_1,' 'II , I I I ,", " , " 'I I I' , , , ," /. 'II, "r' 'lO/oWo!~1JH I "'fil-.ll/iI,.~;-....t~...;..", , I rf"~Ii""- ~""j :~>,-.t-,~' I , - ~-7~-"'~~""1J fl f~~. ~...!....-.._~".~,.,. . r "'. , I ',' f. ,,;"",\1, ,':-"..1',,:', "-"-,' '.' ]':' ,Ii'" hi I I ~: I \ -' I" .1 , ,'!o', " '" .J' .. . ,~ " '<t, " 1 .; ..' ,'iI. . f . " >I " ,~. .' lof " " . t" '- I'''' ," ~';'f'J', ~l; '1'._.. ./'tf;;,,'...-,...., f. - .~ , .' j'~~1f:'kl~~:;1~~n{i!J~J+\:~~' J'i t~;' , I - L) ~f'~'!iN'~'::Ji,l" ~-~,!~ ,,~ "Ijj'l" I' " 11"'/"'" ".N I;,; f1,)rd'i:i{! d;hl/:i,i':;"(v:i':': I,:: Ij;,-,:;'I,~ , .yj\'~;'}lli~Ni!:;;';:i;::;.;:/:f:/:\i,'f,'iIY!!)I"11 :/il~(i,r:(" J" , ,".' ',II I I.. ",.' '" " I,,' /.'" .' ' .1,' ;'I~u"'1 '11:. 'I ,r I, "I" I' ,', '.1," ,,'. ," '. I . '., I," .,,--(':' l' "",, ",,','11" ,'I":"" ",', ,-"""'d,;",;!>:'I__.\,j,::,,;,',h\):;"'IJH\'"~I'i''\'''I ','.' I"! :".,' ' " I,', ,,', I. I ."1'/ : li,,:'\f~I!/:~;,fW:-~_<?J,~~'r[;~i'U;,')-I" .' I " , ,." .,.,.,' ,'" '1' "1'1(1' " ., r j ";"1l;')1 : li)i .i;",- ;_":~'I\I'l:;' _i'11",'\:rJ,j';~' "I ,.,,' ," ""' I"'"'''' . I' ,', ',I,d'" 'C. '1" . ,".fi,.;" .',' " ' 'I' ./ ':il,:: ,:,:;,;':,;;:::/j\)::'?" ,.\'" '.........., .: '.,': : ,',' . ,,;. .".. : ". , ., .. W"-HI ,( "",'',' I '" I ' ) ' .,.",.( 'J ,'".. ,. .,...... m ......z" ';1' ,'I , I" ,,': " I \ ,'J '~ ''';}''I' .r" ....'. ,,_...........' "", '" . . · c.,,,.,\',. " ",.""",., .,_a_' ': ,," '-','1,.,,1,' '(IJ' ,,',', :' ,! " 1003.1- 11II:'" 1IIr--'l... ,..., 'd,'r' ' ""., , " . . .~_..... "." . " ,.".' " "JJI ,.--' . . '. , " I 'I' ,I>1U", ,,' ' ." " I I ,','" I f \ f ' .. t -~ I I, , ~ II~" I ,;, ' ' ,II I ' n-u--. " ~ ',,-\'. : " , I "'" I "~,,, ',0 ,,' : :1,. t j" , I If 'l,,',il. 1/,''''' !"\'i "; ::f ;'.' }l;; :'\-Y';W~':~~?~.'1)4 , ,.i ", ~ '.. -',I rr 'it 'I ':1/1 'I. f " I!; Iii " f' \, (:~ f"1 r~f). "'"n"l: I.. . VI l,.,. . H" ""1 ",'/-j '("11l '-1~~( , '" ..UI/1,1 'I' r I' 'I [11'1... ','. f,", ..Ij . 111 -~. . ('UI. I'. :1." ..') "',., /' I' \to' i.":~1 j i..; 1\1. I. \)1,,;\ ( /';1:'01'''''1\/\1'1'' I ..I II ....!I ..;",\ I, , " " i..,.. H \.,t '1 'I" " ,,' u..(.,'., "':';';-1';\"';' '."'.""""" 'I ,I . '" . t ~- , ~ ; " -"-'" Documents upon Plaintiffs, which was described in the aforementioned Motion to Compel. 4. Plaintiffs were directed to reply to these discovery requests within the time frame prescribed by the Pennsylvania Rules of civil Procedure. 5. As set forth in the Motion to Compel, Defendants Horwith Trucks, Inc. and LV company, Inc. sent Plaintiffs correspondence to provide answers these requests, plaintiff indicated that they would respond to such requests, but to date, Plaintiffs have failed to provide answers to the Interrogatories or the Request for Production of Documents in the above- referenced matter. 6. The Pennsylvania Rules of Civil Procedure provide that answers and/or objections to Interrogatories and Requests for Production of Documents shall be filed and served with thirty (30) days after service. Pa.R.C.P.4006 and 4009. 7. More than six (6) months have passed since Plaintiffs were served with these discovery requests. 8. Pa.R.C.P. 4019(a) (i) empowers this Court to enter an appropriate order against the party who fails to comply with legitimate discovery requests propounded under the Pennsylvania Rules of civil Procedure. 9. On September 13, 1995, Defendants filed a Motion to Compel discovery relative to the above-referenced matter. 10. On September 19, 1995, this Court entered a Rule to Show Cause why Plaintiffs would not have file full and complete -2- I'll '(fI - /'156 SEP 14 tm66l CLARENCE KOm,ER, PI,AINTIFP IN 'I'HE COUR1' 01.' COMMON I'I,BM; CUMBERLAND COUNTY. PBNNSYINANIA v. NO. 94 -4816 CIVIl. 'I'r-:rIM 1995 ALBERT 1':. f'R ITZ, JR., HORWITH TIWCKS, INC. AND IN COMPANY, INC., DEFENDAN'I'S JURY TRIAL OEMANDBO CIVIL ACTION - [,AW RULE ~~OW CAUSE AND NOW, this _H~. day of ~__, 1995, a Rule is issued upon Plaintiffs, Clarence Kohler and Marion L, Kohler, to show cause why they should not have to file full and complete responses to Defendants, Horwith Trucks, Inc. and LV Company, lnc.'s Interrogatories and Request for Production of Documents. RULE RETURNABLE WITHIN .:20 DAYS OF SERVICE. BY THE COURT: --L.4~~_..____,__ .1. .-) Hr NOV 2 0 1995 I I .J YL..h_ L.., : LI.: " I i:-:7. - , ,"'~"r: f':1"\;",' r~~\/1 r""i-~~D ,,, . , , 'I' :.-Jnd j:.r(; I :i,J ~'. ~l: u; ,;.; :' '.1. : '>I (',,;;,' _, I\i. 1 his 19~ day of --4f"..t " 19 '1.5:- ............~A;fJt ,;l:,~to'~;;"......... 141111)1"''' CLARENCE KOHLER, PLAINTIFF v. IN THE COURT OF COMMON PI,EAS CUMBERLAND COUN~"{, PENNSYLVANIA NO. 94-4816 CIVIL TERM 1995 ALBERT E. FRITZ, JR., HORWITH TRUCKS, INC. AND LV COMPANY, INC., DEFENDANTS JURY TRIAL DEMANDED CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Timothy J. McMahon, hereby certify that a true and correct copy of the foregoing RULE TO SHOW CAUSE in the above- captioned matter was served upon Plaintiff by depositing the same within the custody of the United States Post Office, first class, postage pre-paid on November Ih~, 1995 addressed to: ATTORNEY FOR PLAINTIFFS ..~ ~I "'" 0 "- '"" .,,, , '-.I If:' G.J '. " I~ ,. "') 1":1 J , ...' ~ = " ..0 t'.... .." Dusan Bratic, Esquire 101 Office Center Suite A 101 U.S. Route 15 Dillsburg, PA 17019 ii, , ,/ --"') . I) 'T ,}1' " Ii, II:,U, ",ct; f? ( i1/Cf' (. I,'.. 1.//)2. TIMOTHY /J. McMAHO , ESQUIRE ' 100 pine street, Fourth Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-9323 I.D. No. 52918 NOV 2 0 'S95 \\' u ul.---- --,' L_ ATTORNEY FOR DEFENDANTS Date: M"l. /" I' )(1, All ~NII lWN, ItNN"'\WANIA (1110) 77tll'uAl foAX (cI017/h/'J'H I" lYll:!.'m>WN, I'l-NNSnVMIIIA 1l")J4It16l1 fAX; W\I )48.~41'1 lM\ll 'ASIUt.. rWNSYIVANIA 1111) lOll'" fAX, (717) )'N. ISH MW'A. I't:.NNSYLVANIA (610) 1tYJ.lJ100 FA).: t610)8'1PI7kl Nl)tlIlJ!'iT(\WN. ~NNSYlVANIA (610) 2'12.44ilJ MX, 1610) 2'12-0410 l'ITISRlJIWI', l'ENNSYIVANIA (411) N4.409J fAX (412)l1l.JM' IAWI)l'I'll:/iS IvtAI~ '>IIAII, I )INNII IIY. W A"-,~IR ( :( )11 MAN ~3 (;()(;( ;IN 1'llII.AllElI'UA, I'fNNmVANIA llIHH\.2WO fAX Ill" 171""'. "llAN'IllN, PfNN.YlVANIA 1111)14I.19'/'I FAX,17I7)1414m Wf~r ('IIE.'''-HIl, 1'f.NNSYlVANIA (610) 411'4100 FAX, 16101411'4\12 MAfll.1"t )t~. NEW lI<:RSH' I~) VII\ )900 FAX, (609) 9fI\.lV14 It! ISH-ANn, N~ 'II JfJlSE'r flOllW40kH fAX (lOll 01"%' Wit IIAMSI\)"r, I'ENNSYl.VANIA 11I111lfl,'Kl91 fAX: 11111 WdS07 ^ 111(\)ft.SSI()NAI. ().)ftI'lllA'IIi)N 100 jllN~ ~111I:FI, 4T1I HtlI. lit I'~) "OX ~H IIAIHtISlU.JJl(I, l'fHNSYl.VANIA 11101f\)M)J t117l1111011 I:AN,E ^I)I:)ftf~'iS MAltSllAlL FAX 111111121"4'1 November 15, 1995 Direct Dial 232-9323 Lawrence E. Welker, Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square carlisle, PA 17013 RE: CLARENCE KOHLER v. HORWITH TRUCKS. INC.. ET AL. OUR FILE: 141&0-01756.061 CCP (CUMBERI.AND COUNTY) NO. 94-4816 Dear Mr. Welker: Enclosed please find two (2) copies of the certificate of Service evidencing service of the RUle to Show Cause regarding Plaintiff's outstanding responses to the Interrogatories and Request for Production of Documents of Defendants, Horwith Trucks, Inc. and LV Company, Inc.. Please time-stamp the extra copy provided and return such to the undersigned in the self-addressed, pre-stamped envelope. Opposing counsel is being served with a copy of the enclosed Rule to Show cause via this cover letter. Please contact me if you have any questions regarding the above. Very Truly Yours, liM;*~t-T r)YM~rt{)(~ / ~,llf__ TIMOTHY ~. McMAHON TJM/jzm cc: Dusan Bratic Enclosures EXHIBIT i~.. ~" I ", ,,\ .,.. I." , ;-,,' ;,-,' '~ i,'f 1;, ~;.' ' ., 't" [I /', ['", .,', ,I.', r,' " ;\1 \ I I' ;f, ,I I, I "', Ii ,"'1' 'Ii 'I " ., , , ,I'. ,'j,) HI I' ,I I , , I " .', jl -..-,...-...-"......,...,..,..' " .1 FILED-OFFICE OF THE FnOl1lONOTAAY 95 ore 21 Pl1 21 33 CUM[lr:RV~lO COUNTY PENNSYLVANIA .. , .~ ""il. -','-.'" "-, & , , i1~,- ~.l. ,/4,,,, -Jd,-P :'''..,.h'f'''__....~....j~:'',_...-.. . ,I '" .. , "'., " ;." .' ; ~I , I , i .. ,,. " . ,,,' )', " . I' ( ,!' , , " "',,}It,'l!' " " +.'h, 'ii",-. .1/'11' "1!.''f,,j~,,:'1' Il,n 'JII~~"'\lk! ( "F'.,.' r1LEO.Or-ACE OF H'E F:'1!JTHONOTM'( 96 JhH 10 MW t ~ 2 CUMlir:fILlND COUNTY ./ PENNSYtYANIA , I I I .,' I I I I' 'I' 'II I: !i , , , , 'I )) I \ i" I' ,i " " ii ,I' jj " ,I .\' I Ii, , ',j ,- ,I , ""I I " "I , , " , ,1',1 ,,' ,II, 1...""'tL\,."""t.i;JI';i"Ii;'~"""~lt~\ahrt,,,',",li;'W.Hi'lI,~"'WI\o';,.,~...,~., u.'l' if I>, ;~ !W(~,l..' }.',:'/~,\n I, \~v.'l,jJ'; ..}I,'.;;ih' )f'!\:,! " , ...'1"""'""..,... ." U"'. r' ,i: I I I ld " \ is', ,II ,. ,\ J ..' . . ,I ,,' '. , I I .. . , . ~,'~. .:--~; 111fOClTICE OF n I': ITr.j: 1'~~'r)T/JW 'j(j .Jr\:131 PO lit 0 I I ~ cUt'.1I~11 HI:'iU CClJNTY I'ENt'iGYl!//'JJI,,\ ,I , , Ii' , , ," 11,\ l. I..' ...----.d'W -,..' .~ " ." /, ,I,',,', ' ," i 'J..' F ,~".~ftI ,," I ' I , "" ...::!"_. W'- ' , ., . ",::.i;:' /,'" ".'~ "' " ~i'''''''''''; _ .._ ' ' ' ,,', ,,,ii"~ ' iJ'~I' " ",01>>.......,"'""..........:.......,:"" "" ,,,,' ' ._.41M -"'" ,":'1"1.", ........... &It&. .... '..' II' ;, "~ ," .'.," . I , i ! ,... ,7,__1 "t 10 .wJ I . "~\ i~ f ,',' ,',. ( \ ,'. I ",j";',' ",il II,' ;t"J~ .,,' ,," .' " ',I I', '"'.." W' i I' "i~;{1i~1t ',;'Ii1~,_.'t , 'I. , , ,'1 1', , I' " " , " l I \ I . . .. . 3. Plaintiffs were directed to reply to these discovery requests within a time frame prescribed by the Pennsylvania Rules of Civil Procedure. 4. In accordance with Pa.R.C. P 4019 (a) (i), MovJ.ng Defendants filed a Motion to Compel with the Court, on or about September 13, 1995. 5. On September 19, 1995, the Court entered a Rule to Show Cause why Plaintiff should not file full and complete responses to Moving Defendants' Interrogatories and Request for Production of Documents. (A true and correct copy of this Rule to Show Cause is attached hereto as Exhibit "C".) 6. Said Rule to show Cause was served upon Plaintiffs' Counsel, and no response was filed to this Rule to Show Cause. 7. As such, Moving Defendants filed a Motion to Make the Rule to Show Cause Absolute, regarding Plaintiffs' inaction to this Rule to Show Cause. 8. On December 29, 1995, this Court executed an Order making the Rule to Show CalJSe Absolute, so that if Plaintiffs did not provide complete and full answers to the Defendants', Horwith Trucks, Inc., and LV Company, Inc.'s Interrogatories and Request for production of Documents within twenty days of service of said Order, Plaintiffs would suffer sanctions as this Court would direct. (A true and correct copy of this Order is attached hereto as Exhibit "0"). -2- 4 ~ . . 9. Said Order was served upon Plaintiffs on or about January 4, 1996. (1\ true and correct copy of the Certificate of Service evidencing service of this Order to Make the Rule to Show Cause Absolute was served upon Plaintiffs upon said date, and is attached hereto as Exhibit "E".) 10. Despite these two aforementioned Orders, Plaintiffs have taken no further steps toward answering these outstanding requests, except to send correspondence, dated June 28, 1995, to counsel for Moving Defendants, indicating that such discovery had . been forwarded to the Plaintiffs. (A true and correct copy of the correspondence is attached hereto as Exhibit "F"). 11. Plaintiffs have failed to provide any reason for their failure to comply with the Court Orders or to provide the requested discovery answers. 12. Moving Defendants have been materially prejudiced as a result of Plaintiffs' inaction in responding to the propounded discovery. 13. Plaintiffs' Complaint should therefore be dismissed for failure for Plaintiffs to comply with the two Court Orders directing full and complete responses to Moving Defendants' discovery requests, as Pa.R.C.P. 4019 permits the requested sanction. WHEREFORE, Moving Defendants, Horwith Trucks, Inc., and LV Company, Inc., respectfully request that this Honorable Court, for the reasons set forth above and in the accompanying -3- , ~ . Supporting Brief, grant their Petition for Judgment of Non Pros and dismiss Plaintiffs' Complaint, with prejudice, in accordance with Pa.R.C.P. 4019. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BYt r1.' TI OT McMAHON, ESQ. 100 P treet - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANTS, HORWITH TRUCKS, INC. AND . LV COMPANY, INC. DATE t (};mVlUYf- .~~/ m~ , . -4- PY5510 1994-04816 " Judge Assigned: Judgment: Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry WRIT OF SUMMONS Filed.......... 8/26/94 8:40 HESS KEVIN A .00 superior Co . , Execution Date Sat/Dis/Gntd. . Jury Trial. '" 0/00100 0/00100 ....................................................**.......................... General Index Attorney Info KOHLER CLARENCE PLAINTIFF BRATIC DUSAN KOHLER MARIAN L PLAINTIFF BRATIC OUSAN FRITZ ALBERT E JR DEFENDANT MCMAHON TIMOTHY J HORWITH TRUCKS INC DEFENDANT MCMAHON TIMOTHY J LV COMPANY INC DEFENDANT MCMAHON TIMOTHY J .....................***........................................................ * Date Entries · ..............................................................................,. 08/26/94 09/20/94 01/31/95 ~~~8~~~g 3101195 3/29/95 04/07/95 09/13/95 09/19195 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION WRIT OF SUMMONS ISSUED SHERIFF'S RETURN {SERVED DEFENDANTS 9/7/94} SHERIFF'S COSTS $88.00 PO ATTY 9/14/94 ENTRY OF APPEARANCE FOR DEFENDANTS BY TIMOTHY J MCMAHON ESQ RULE AND PRAECIPE BY TIMOTHY J MCMAHON ESQ NOTICE OF RECORD DEPOSITION COMPLAINT - CIVIL ACTION STIPULATION DEFENDANTS' HOWRITH TRUCKS INC AND LV COMPANY INC ANSWER WITH NEW MATTER DEFENDANTS HORWITH TRUCKS INC AND LV COMPANY INC'S MOTION TO COMPEL DISCOVERY RULE TO SHOW CAUSE - DATED 9/19/95 - RULE ISSUED UPON PLAINTIFF RETURNABLE WITHIN 20 DAYS OF SE~VICE - BY KEVIN A HESS J - NOTICE MAILED 9/19/95 DEFENDANT'S HOR~ITH TRUCKS INC AND LV COMPANY INC MOTION TO MAKE THE RULE TO SHOW CAUSE ABSOLUTE CERTIFICATE OF SERVICE DEFENDANT'S HORWITH TRUCKS INC AND LV COMPANY INC MOTION TO MAKE THE RULE TO SHOW CAUSE ABSOLUTE ORDER - DATED 12129/96 - I.l RE DEFENDANT'S HORWITH TRUCKS INC AND LV COMPANY INC MOTION TO MAKE THE RULE TO SHOW CAUSE ABSOLUTE - GRANTED - BY KEVIN A HESS J - NOTICE MAILED 1/2/96 01110/96 CERTIFICATE OF SERVICE 01/10/96 CERTIFICATE OF SERVICE **........**...................................*................................ * Escrow Information * * Fees & Debits Baa Bal Pvmts/Ad1 End Bal · ...........**.**............**..,.**.....*****..,**....**....***................ 11/08/95 11/17/95 12/27/95 01/02/96 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 .............................................*.........................***...... · End of Case Information . .......................**......................**...**.......................... WRIT OF SUMMONS TAX ON WRIT SETTLEMENT JCP FEE 1", -A' " , CLARENCE KOHL8R, MARIAN L. KOHLER PLAI NT! FFS IN TilE COURT OF COMMON PLEAS CUMBER1,AND COUNTY, 1'~:NNSY1NAN I A v. NO, 94..4016 CIVIL TERM 1995 ALBERT E. FRITZ, JR., HORWITH TRUCKS, INC, AND LV COMPANY, INC" DEFENDANTS ,JURY TRIAL, DEMANDED CIVIL ACTION - [,AW INTERROGATORIES OF D~FENDANTS, HORWITH TRUCKS.~~ AND LV COMPANY, INC. DIRECTED TO PLAINTIFFS These Interrogatories are propounded pursuant to the Pennsylvania Rules of Civil Procedure and are to be answered by the Plaintiff(s) in accordance therewith. Plaintiff(s) are required to answer these Interrogatories in writing under oath, based upon all information available to them and to their attorneys, employees, and other agents, or representatives. Plaintiff(s) are also required to serve answers to these Interrogatories within thirty (30) days, and supplement their answers in accordance with the Pennsylvania Rules of Civil Procedure. These Interrogatories are to be answered by the Plaintiff (s) . INSTRUCTIONS A. The words "you" or "your" when used herein refer to all Plaintiff(s), their agents, servants and/or employees. B. "Identity" when used herein wi th respect to an individual means to state: (l) the person's full name and present or last known address; and, (2) the person's position, employer and employer's address at the time of the events referred to in the Interrogatory. C. "Identify" when used herein with respect to an entity other than an individual (e,g., a corporation, partnership, unincorporated association, governmental agency, etc.). or a division or subdivision thereof., means to state the full name and present or last known address of the entity, and, if applicable, the full name and present or last known address of the entity's division or subdivision, D. "Document" when used herein means any record, including any object containing written, printed, or magnetically recorded information, a graphic or photographic represent at ion, or sound. "Document" includes the original or any copy of any statement, report, letter, memorandum, book, article, note, blueprint, drawing, sketch, photograph, motion picture, videotape. sound 7. When and by whom were you last examined or given medical attention for the injuries received in this accident? I' -7- 16. State the name and address of your family physician at the time of this incident and the name and address of your physician for five years prior to the time of this incident. " -16- the same parLJ of .the body c.:l a imed by Plaint i (f to have been injured in the occurrence dl?flCribed in tlll1 Complaint.. 3. All employee report", roecords, tax retunw, attendance records, and wage statements relating to the claim or loss of income as a result of the occurrence in Plaintiff'" Complaint, 4, Copies of all statements, memoranda, flummariefl of other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation, or your attorney's investigation into the incident involved, (You need not supply any attorney's "work product" or other material which is specifically accepted as privileged by the above Rules) 0 5. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions or opinions respecting the value or merit of the claim or defense. 6. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained fl'om any witnesses or memoranda of conversat. ions with witnesses or recordings of witnesses' statements memoranda. or recordings made by parties to this lawfluit of their representative. -2- 7. To tohe extent: not al ready, provided in reaptmlJe to previous requests here in, all statements made by any party to this action, inc1udill'l wdtten st.atements fJigned 01' otherwise adopted or approved by the pr:trson making it or stenographic, mechanical, electrical, or other recording or transcription thereof, which is a uubstantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pennsylvania Rules of civil Procedure No. 4003.4. 8. To the extent that you have not already provided the same, copies of all records, documents and memoranda, which have any bearing upon the matters alleged against the requesting party or upon the cesponsibility of the requesting party for the matters alleged against the requesting party. 9. To the extent not already provided, all reports of those experts who are to be called by you as witnesses at trial, which reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. 10. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. 11. To the extent not already provided, all photographs, diagrams, maps, surveys, plans and models of the site of the incident in question that are in your possession. 12. To the extent not already provided, all documents containing the names and addresses of witnesses or potential -3- ~ ,-. ( .' . , .' . BRA TIC AND r.OIn'KO AJltJmt!)'$ at Low 101 OmCECEN11!1l, Sum: A 101 Soom U.S. RouTE 15 DIWOURO. PENNSVLVlVIl^ 17019 .' ',lIlt. ~ .J DUSAN URATIC, ESQ. STEPHEN K. PORTKO, ESQ, .1119.; . /7~AX (717) 432.9706 (717)432.2538 (717) 4)2.9220 June 28, 1995 Timothy J. McMahon. Esquire Marshall, Dennehey, Warner, Coleman & Goggin 100 Pine Street, 4th Floor PO Box 803 Harrisburg, PA 17108-0803 Rei Kohler v. Horwith et al Cumberland County 94-4816 Civil Dear Mr. McMahon I Thank you for your letter of June 20, 1995 regarding the Interrogator~es in the above matter. This letter is to inform you that we have' sent the Interrogatories to our client however, we. have not had a response from them. I have followed-up on the matter today and will forward the answers to you as soon as I get a response. Very truly yours, ~') Deborah L. Graham Paralegal DLG " " , " , , ',' I)' ", " " , ' " ',I..: , . " " .1 '" I " , , :, I I 11!~iS oIIw~il~ 1!!a~1 I " " , I " , ' . , , , ., ,.. I' h H ~s ~ Hi ~ ~~ ~ ~~ ~ ~7. l'l ~qi ~~ ~ ~..~ ;1.) ~ ~ .;J /. .-"'* '-" ,~ ., C;c_~'.- '-l;r~cll .k 'd., ;:'!.',' ""i'1;'i,"',,',. "j"l : .1:l,t!::,{y,:;';;"j\.1:~:1: MA"'lt~"~. W~eaI.w.,. rMlJ".,: :,(P_,'" I ! ' ....~.. I, tn' _ WI. · ......N'.. ......." I ' , I, ",; '100""r=".m.NIIIR. , l~~ J'1~~~71~ 1\. ',\:< 1;, 'I', ;ji " r r ',., r'I'~ ,~ , .' " ,'j It r, " ;-'l,i ,.,'. ~ ,.. '" :~~ " R< " f" rl,,; V If r J ~ . 14180.11515 CLARENCE KOHLER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4816 CIVIL TERM 1995 v. ALBERT E. FRITZ, JR., HORWITH TRUCKS, INC. AND LV COMPANY, INC., DEFENDANTS JURY TRIAL DEMANDED CIVIL ACTION - LAW BRIE' IN SUPPORT OF THE MOTION FOR JUDGMENT OF NON PROS ON BBHALF OF DEFENDANTS. HORWITH TRUCKS. INC. AND LV COMPANY. INC. Defendants, Horwith Trucks, Inc. and LV Company, Inc., (hereinafter referred to as "Moving Defendants"), hereby bring the foregoing Motion for Judgment of Non Pros to dismiss Plaintiffs' Complaint pursuant to Pennsylvania Rule of Civil Procedure 4 0 19 . I. FACTS AND PROCEDURAL HISTORY Plaintiffs, Clarence Kohler, and Marian Kohler (hereinafter referred to as "Plaintiffs") instituted an action to recover damages resulting from a motor vehicle accident on or about August 27, 1992. A Writ of Summons in this action was issued on August 26, 1994, with a Complaint filed on or about February 20, 1995. (A true and, correct copy of the docket entries, as they exist as of January 25, 1996, is attached to the petition for the Entry of Judgment of Non Pros as Exhibit" A" . I On or about May 3, 1995, Moving Defendants served Interrogatories and a Request for production of Documents upon Plaintiffs. Said discovery contained requests regarding, in part, Plaintiff Clarence Kohler's injuries and medical treatment. Plaintiffs were directed to reply to these discovery requests within the time frame prescribed by the Pennsylvania Rules of civil Procedure. As Plaintiffs failed to provide any responses to these discovery requests, Moving Defendants filed a Motion to Compel with the Court on or about September 13, 1995, in accordance with Pa.R.C.P. 4019(a) (i). On September 19. 1995, the Court entered a Rule to Show Cause why Plaintiffs should not file full and complete responses to Moving Defendants' Interrogatories and Request for Production of Documents. (A true and correct copy of this Rule to Show Cause is attached to the Petition as Exhibit "C"). Said Rule to Show Cause was served upon Plaintiffs' counsel and no response was filed to this Rule to Show Cause. Wherefore, Moving Defendants filed a Motion to make the Rule to Show Cause Absolute, regarding Plaintiffs inaction to this Rule to Show Cause. On December 29, 1995, the Court executed an Order making the Rule to Show Cause Absolute if Plaintiffs did not provide complete and full answers to Defendants, Horwith Trucks, Inc. and LV Company, Inc.'s Inter.rogatories and Request for production of Documents within twenty (20) days of service of said Order, or Plaintiffs would suffer sanctions as this Court would direct. (A true and correct copy of this Order is attached to the Petition as Exhibit "D"). Said Order was served upon -2- with either defendant's discovery requests or a court order compelling discovery and their failure to raise and objection, excuse or rationale for failure to comply. ~ iil.AiQ, Pride Contractina Inc. v. Biehn Constr.. Inc., 381 Pa, Super. 155, 553 A.2d 82 (1989), appeal denied, 565 A.2d 1167, in which the court dismissed the plaintiff's complaint with prejudice as a sanction for plaintiff's willful disregard of discovery rules and two orders which the court had entered directing discovery. The Plaintiffs in the case sub iudice were aware that if they did not. respond to the order regarding making the Rule to show Cause Absolute, that sanctions would be imposed by the Court, as such is set forth in the Order. Hence, it was up to the Plaintiffs to file with the Court a compelling reason for their delay in responding to the discovery requests, or suffer the sanctions which this Honorable Court would impose, as was indicated in the Order of December 29, 1995. Due Plaintiffs have blatantly failed to comply with these ~Q Court Orders, Moving Defendants have been prejudiced. This case can not go forward with this outstanding discovery. It is. due to Plaintiffs own inaction that no discovery has been completed in this case, not that of Moving Defendants. Discovery is obviously necessary in order for Moving Defendants to prepare a defense to Plaintiffs' various allegations. Therefore, as Plaintiffs have disregarded two Court orders directing Plaintiffs to provide discovery answers, and Plaintiffs -6- Plaintiffs. Said discovery contained requests regarding, in part, Plaintiff Clarence Kohler's injuries and medical treatment. Plaintiffs were directed to reply to these discovery requests within the time frame prescribed by the Pennsylvania Rules of civil Procedure. As Plaintiffs failed to provid,e any responses to these discovery requests, Moving Defendants filed a Motion to Compel with the Court on or about September 13, 1995, in accordance with Pa.R.C.P. 4019(a) (i). On September 19, 1995, the Court entered a Rule to Show Cause why Plaintiffs should not file full and complete responses to Moving Defendants' Interrogatories and Request for production of Documents. (A true and correct copy of this Rule to Show Cause is attached to the Petition as Exhibit "C"). Said Rule to Show Cause was served upon Plaintiffs' counsel and no response was tiled to this Rule to show Cause. Wherefore, Moving Defendants filed a Motion to make the Rule to Show Cause Absolute, regarding Plaintiffs inaction to this Rule to Show Cause. On December 29, 1995, the Court executed an Order making the Rule to Show Cause Absolute if Plaintiffs did not provide complete and full answers to Defendants, Horwith Trucks, Inc. and LV Company, Inc.'s Interrogatories and Request for production of Documents within twenty (20) days of service of said Order, or Plaintiffs would suffer sanctions as this Court would direct. (A true and correct copy of this Order is attached to the Petition as Exhibit liD"). Said Order was served UIJon -2- judgment of non-pros after the defendant had failed on three separate occasions to given adequate answers to written interrogatories concerning his damages, was not an abuse of discretion. The court entered such in accordance with Pa.R.C.P. 4019. Calderaio is ~kin to the situation at hand. Plaintiffs in the present action have failed on more than one occasion to provide ~ answers to the propounded discovery of Moving Defendants. Moreover, Plaintiffs have blatantly disregarded two of this Court's orders directing them to provide full and complete answers to this propounded discovery. Plaintiffs were served with discovery requests on or about May 3, 1995. Plaintiffs stated that they would respond to such, via correspondence dated June 28, 1995. (~Exhibit "F", which is attached to Moving Defendants' petition for Judgment of Non Pros.) However, Plaintiffs have never. provided any answers to this discovery. Neither have Plaintiffs ever filed any response to the Motion to Compel and the Motion to make the Rule to Show Cause Absolute, which Moving Defendants were forced to file due to Plaintiffs' non-responsiveness to the discovery requests. Plaintiffs have never filed with the Court any explanation for their non compliance with two Court Orders. ~ Daniels v. DePaul, 8 D & C 4th ~35 (1990), in which the court ruled that the judgment of a non pros was properly entered against the plaintiffs under Pa.R.C.P. 4019, due to their failure to comply -5- with either defendant'u discovery requests or a court order compelling discovery and their failure to raise and objection, excuse or rationale for failure to comply. ~~, fr~ Contractinq Inc. v. Biehn Constr.. Inc" 381 Pa, Super. 155, 553 A.2d 82 (1989), appeal denW, 565 A.2d 1167, in which the court dismissed the plaintiff's complaint wich prejudice as a sanction for plaintiff's willful disregard of discovery rules and two orders which the court had entered directing discovery. The Plaintiffs in the case !!..1!!2 iudice were aware that if they did not respond to the Order regarding making the Rule to show Cause Absolute, that sanctions would be imposed by the Court, as such is set forth in the Order. Hence, it was up to the Plaintiffs to file with the Court a compelling reason for their delay in responding to the discovery requests, or suffer the sanctions which chis Honorable Court would impose, as was indicated in the Order of December 29, 1995. Due Plaintiffs have blatantly failed to comply with these ~ Court Orders, Moving Defendants have been prejudiced. This case can not go forward with this outstanding discovery. It is due to Plaintiffs own inaction that no discovery has been completed in this case, not that of Moving Def.endants. Discovery is obviously necessary in order for Moving Defendants to prepare a defense to Plaintiffs' various allegations. Therefore, as Plaintiffs have disregarded two Court orders directing Plaintiffs to provide discovery answers, and Plaintiffs -6- w.j I ~,;" ' ~;"':I" O'~;'" , 't' I , , '. [ 'I j 1J" . J' " I "" il!.! [\-, ~-t . F1LED-OFACE OF TtlF r1;nnlmmNlY 97.JMI-2 Pl1 :1: 19 CUMf3~lili ht i IJI):/ j/Y PENNSYLVANIA " " , , " , " ''';;._i,._., ,,_,_~"-li" " .~, 11 ~ ' 'I r ~ , , .. , " ~~'--