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Home My WebLink About94-05073 , , .1 I :1. ". 1\, r;~;: ., ,'i .,(, 1 ~ ~ '" , I 'I . 7J " " J i I, I , " , ' / . I ( I , J J " , N) ('- ~ , , ' 0\ r :;~' ., " " , , .". ,'I, '"'~.I' "- , ./ 7~Dmcr', 7~tJma. & :Ka/,,. , .r::fl/,""" ., J'"u. " . I , ' 101 "0"'" '110"' ""ICY , . , ~'2., \ ,. 0. 10M ... .' HA"RlliluRO. .....1710. . , .\'~Q~ ()~ )~~" ....,. ' THOMAS, THOMAS & HAFER 'ohn Flounlack.., hqul,o I,D.' 73112 . 305 No,lh F,onl 51'001 P.O. Bo. 999 H."I,bu'8, PA 1710B.0999 (717) 155-7639 (717) 237-7105 Ir..) Altornoy fo, O.'ondanh DAVID W, KNAUER and AMY H, KNAUER, his wife Plaintiffs t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, No.94-S073 JAMES B, MOREHEAD Defendant JURY TRIAL DEMANDED DEFENDANT'S BRIEF IN SUPPORT OF MOTION FOR JUDGMENT OF NON PROS I. STATEMENT OF FACTS AND PROCEDURAL HISTORY This Is a claim for bodily injury arising from a motor vehicle accident that occurred on September 9, 1992, Generally speaking this accident occurred while both parties were attempting to enter a convenience store, According to the Plaintiff, the Defendant vehicle rear-ended the Plaintiff prior to the Plaintiff executing his turn. According to the Defendant, the Plaintiff side swiped the Defendants vehicle, prior to enlering the stores parking lot. On the eve of the expiration of the two year statule of limitation, the Plainliff, ,In attorney, representing himself, filed a Writ of Summons, Service of that summons WdS mdde upon the Defendant on September 13, 1994, On September 9, 1996 the Pldintiff filed Iheir Complaint along with their initial discovery. (See Exhibit A) The Plaintiff" filinll of these two documents represents the sum of the docket activity that has occurred over Ihe pdst four yedrs in this mailer. Moreover, there has been no other evidence indicating the Plainllff h.1S made .my effort to prosecute this case. "I, ,. ,:i purposes of any proceeding to dismiss for lack of activity on the dockl!t." Penn Plolnll. 603 A,2d at 1009, The'revlsed standard for a entry of a judgment of non pros under Penn PlolnR Is "if there Is a lack of due diligence in fallin!\ to proceed with reasonable promplltude; If there 15 no compelling reason for the delay; and If the delay is for two years or more, the case may be dismissed for lack of activity on the docket." llL 1009 IV. WHY THE DEFENSE IS ENTITLED TO A IUDGMENT OF NON PROS AGAINST THE PLAINTIFF. The Plaintiff has failed to proceed with due diligence and there is no compelling reason for the delay. In this case, the Plaintiff came within four days of allowing this docket to remain dormant for two years, This came after lhe Plaintiff waited for two years to file a Writ of Summons to preserve the two year statute of limilations. Since the date of this accident, over four years have gone by and during that four year time-frame, aside from keeping the statute of limitations from expiring, the Plaintiff has done nothing to move this case forward. These voids in Plaintiff's activity clearly Indicate a lack of due diligence, on the part of the Plaintiff to proceed with reasonable promptitude. In addition, the defense has been offered no reason to explain the Plaintiff's apparent apathy towards pursuing this case. Accordingly, the defense submits that it has offered sufficient proof to satisfy the first two elements of the "Penn Piping" test. Prejudice has occurred and it may be presumed. Given lhe Plaintiff has come within four days of allowing the docket to remain stagnate for two years, the Defense submits that prejudice may be pre5umed, Surely the reasons why prejudice can be presumed, after a case has remained dead for 2 years, are in existence during the preceding week. In other words, this case is close enough, In Shrum v, Phlladelohla Electric Com~, ..j..jO Pa, 383,269, A,2d 502(1970), the Court held, that a lapse In time may Itself bl! presumptively prejudicial. What's more, It Is the Plaintiff's burden to move a C.ISI! to lrlal, ,md It Is the Plaintiff, not the D,'fendant, who bears the risk of not acting within a reasonable time. P,'nn Rldll.e Electric. Inc. v, Souderton Area lolnt School Authorltv. ..j19 Pa, Super. 201,615 A, 2d 95(1992), The defense illso asks this Court to consider the .Ictual prejudice It now has In defending this action, due to the Plaintiff's inactivity, The defense strongly questions their liability In this case. Accordingly, any physical evidence regarding the cause for this accident is of critical importance. The importance of physical evidence is amplified, in this case, given the Plaintiff's recent Complaint, alleging his vehicle left "35 feet of drag marks" as a result of the Impact with the Defendant's vehicle,' Given the length of time that has elapsed since this accident, the defense is now unable 10 conduct a meaningful inspection of the area where this accident occurred. The defense is now unable to confirm, or rule out, the existence of the Plaintiff's so called drag marks, or secure any other evidence of road damage, that may have resulted from this accident. Moreover, some of this now lost evidence, may have been essential to the defense in defending the Plaintiff's claims, In addition, the defense is now unable to inspect and/or examine the damage to the Plaintiff's vehicle, to determine lhe exact points and .Ingles of impact that resulted from this collision. This is extremely important given the parties respective positions on how this accident occurred. The defense is fully aware that this Plaintiff, is an attorney, and is representing himself in this lawsuit, Accordingly, the defense submits the Plaintiff's previous inactivity, may be nothing more than a tactical maneuver, that is intend"d to undermine the defenses ability to locate physical evidence, that would rebut the Plaintiff's claims. 1 Plaintiff's Complaint allegation 7, ", , , and leaving approximately 35 feet of drag marks," PYS510 Cumberland County Prothonotary's Office Page Civil Case Inquiry 1994-05073 KNAUER DAVID W ET AL (VS) MOREHEAD JAMES B Reference NO..1 Filed,....,..l cai8 Type.....l WRIT OF SUMMONS Time,.!....,.l Ju gmeflt '!' . . . I .00 Execut on Date Ju g8 Au gnedl Sat/Dis/Gntd.. Jur~ Trial... . Hi~ er Court 1 Hi er Court 2 .**...*.**...............***........................... **................*.**.* General Index Attorney Info KNAUER DAVID W PLAINTIFF KNAUER DAVID W KNAUER AMY H PLAINTIFF KNAUER DAVID W MiREHEAD JAMES B DEFENDANT 4 5 PAWNEE DRIVE M CHANICSBURG PA 17055 1 9/08/1983 8~88~U88 ...............................................*..........***....***..***....... * Date Entries * **......................................***..................................... 09/08/94 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION WRIT OF SUMMONS ISSUED 09/21/94 SHERIFF'S RETURN (SERVED DEFENDANT 9/13/94) SHERIFF'S COSTS $22.72 PO ATTY 9/14/94 09/09/96 COMPLAINT 09/09/96 CERTIFICATE OF SERVICE ..................................................**............................ * Escrow Information * * Fees & Debits Bea Bal pvmts/Ad1 End Bal * ................................f...............,............................... 35,00 35.00 ,50 .50 5'80 5.00 5. 0 5.00 ------------------------ ------------ 45.50 45.50 .00 ..............*........*............*......*................................*... * End of Case Information * ...*............................................................................ WRIT OF SUMMONS TAX ON WRIT SETTLEMENT JCP FEE :88 :88 IN THE COURT OF CO....\-10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID \III, KNAUER and AMY H. KNAUER, his wife Plaintiffs CIVIL ACTION. LAW v, . No. 94-507.3 Civil Term JAMES B. MOREHEAD Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff David W. Knauer is an adult Individual with an address of 411 Paw Me Drive, Mechanlcsburg, Pennsylvania. 2. The Plaintiff Amy H. Knauer is an adult individual and spouse of the Plaintiff David W. Knauer with an address of 411 Pawnee Drive, Mechanicsburg, Pennsylvania. 3. The Defendant James B. Morehead is an adult individual with and address of 425 Pawnee Drive, Mechanicsburg, Pennsylvania. 4, At all times relevant herein, the Plaintiff David W. Knauer was the operator of a certain 1991 Volkswagen leUa owned by the Plaintiff Amy H. Knauer, 5. At all times relevant herein, the Defendant Morehead was operating a certain 1982 Chevrolet Van 20. 6. At all times relevant herein, the Plaintiff David \III. Knauer was operating the aforesaid Jella in an easterly direction on Market Street (Carlisle Pike), Hampden Township, Pennsylvania. . . , '.~ " -. 0 . '" j ~ III J .", . tJ:I III ~ III ~ I!; ij .S $ I J .-< j S ~ . 'S If c:l .~ ~f M ,... . ClI . .-< 0 :..... ~ 'S ~ ;) III '0 'i I j 'Q ... 'S Ul '" . ~:E VERIFICATION Subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities, I hereby certify that the facts In the foregoing pleddlng are true and correct to the best of my Information and belief. Date:S~~/tt:e~-6 !~ 7~ (I .) /' , CJi)!j ~~ i'r: C) -. ,. ..-,; , f' .. I.t: UI~ I .. ~, ~I :'.jt l ,'.. ('i" . ':--: ., -'. ..... 1".1 L'_ ~~J ;'1 <?' .,. 0'\ . '.11 " C' I : !~,. ,'j r:,I, e '! '11 IJ_ , ,~ 0.. r &.., i l' I." ~ L L>' () ~ '- 0 fr; i'-:; N UJ( .. I ~ .!, ":",(('. I ~i , , ~:;i' ~::'.~ ';'" l~~ (( " (!\ '1"1) lj, I .,.11' !~ lJ.. " ';(,1 ,: 1.1' ',1: v. I' , ; ~ U 1.(.) J u, ;"J " 'I" Y' .,. "'1 ,. "...~ ". .,' ~''''''I , '0' ..,. <It!:' ...,. CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, hereby state that a true and correct copy of the foregoing Entry of Appearance was served upon all counsel of record by first class United Slales mall, postage prepald, addressed as follows, on Ihe date set forth below: Bv First Class U,S, Mail: David W. Knauer, Esquire 411.A East Main Slreet Mechanlcsburg, PA 17055 THOMAS, THOMAS & HAFER tJ.iz-l!..- Dated: i'r. t'1 ',. ,.. lJ~ .~ ~, .. . ~..r, (' N ~~::~ .' I,., .-- /'] P ~, -. ';'f(': ..... .', , " ~C <:T\ \~ ... ,(, N u.!'-' 1-. :1~ c.._~ ',1 F. CJ a ~ '" Lj> I' " I , ~'; (1' r c:. ,.: ;. .. ,'.-(. C' ..:1 ) .J ~~ .~ i'>~ ,- L,.- ~ ~~. ~I ,~j lIt ''';>- ~' ..:f .;' I'- ~~j: ~ I '1 ;~~ .' 'r"1 ",' 1,0- r-. .' - lJ. , .n .1 U en ,..) PRAlelPI POR LlSTlNO CASI POR AROUKINT (Nuat be typewritten and aubr:,itted in duplicate) TO THI PROTHONOTARY OP CUMBIRLAND COUNTY I Please list the within matter for the next Argument Court. CAPTION OF CASE I (entire caption must be stated in full) DAVID W. KNAUER and AMY H. KNAUER, his wife. (Defendant) I,ll f~ ) .n 'II ,- ., "'111' ':i :,~ (1.11 ':'1 I ,-, I Lj, I" '~ .. ') r~~ j' O-'~l I~~ ~'l ~: I i;" (P( , ;.;.\ .. " ~ ~, .. .' "" ~ .. .a (Plaintiff) vs. JAMES B. MOREHEAD VS. No. 5073 civil Action Law 191L 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint. etc.) I Defendant's Motion for Judgment of Non Pros 2. Identify counsel who will argue case I (a) for plaintiff: Oavid W. Knauer, Esquire Address, 411-A East Main Street Mechanicsburg, PA 17055 (b) for defendant: John Flounlacker, Esquire Address I 305 N. Front Street P.O. Box 999 Harrisburg, Pa 17108 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Datel oecember 11, 1996 Dated: I) .i ~-- (, , . I '/" .'" /'" /(.,'/.' '.,"/"il .t(~ cy A~torney for James B. Morehead PRAICIPI 'OR LISTING CASI 'OR AROUMINT (Muat be typewritten and aubmitted in duplicate) TO THI PROTHONOTARY OP eUMBIRLAND eOUNTYI Please list the within matter for the next Argument Court, CAPTION OF CASE, (entire caption must be stated in full) DAVID W, KNAUER and AMY H. KNAUER, his wife, (Defendant) Q .n q, b: 0\ (a~i:i ~ :J c., '''P ;Jl' - '\Ill:) '~.; -.l i.:~~ f;.(': ::!~ ~;c -" l.~ F;~ ..~) W C5' ;p .: -. -, U1 .,.. ~ .- N :Q (Plaintiff) vs. JAMES B. MOREHEAD vs. No, 5073 civil Action Law 191L 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc,), Defendant's Motion for Judgment of Non Pros 2. Identify counsel who will argue case, (a) for plaintiff, David W, Knauer, Esquire Address: 411-A East Main Street Mechanicsburg, PA 17055 (bl tor defendant: John ~lounlacker, ~squire Address, 305 N, ~ront Street P,O, Box 999 Harrisburg, pa 17108 3. I will notify all parties in writing within two days that this csse has been listed for argument, 4. Argument Court Date, ~ebruary 5, 1997 Dated: . II I, l)li' Vb ///;(I.r. Attqtney for James B. Morehead ~ C") - .:t r.. '~ 111 M ":'-_j .~ ' I :c '5,,;> ~~ 'j a.. ,- ~ ~.. ( . o:l , if) go: )' '," ~., II' w "jt.:l -:,L L",j " . a.; I., ~ -, :5 ", a 0' PRAICIPI rOR LISTING CASI rOR ARGUMINT (Muat be typewritten and aubmitted in duplicate) TO '1'HI PROTHONOTARY OP COMBIRLANO COUNTY I Pleas. 1 ist tne wlthin matter for thu next Ar\lumunt Court. CAPTION OF CASE, (entire caption must be stated in full) DAVID W. KNAUER and AMY H. KNAUER, his wife, (Phir.t..tt) p ~ '? - I .. ..., ",;~ ffiU: r;J iiii:'? '" ., ~},i - Ji3 ~i~ ," ,,, r:'i ;r::: .l~ .,.;' ii:' ','. -" ~' - (Jill '0-: .. ,.4 tJ1 .... -- '~l .., ...J -<0 vs. JAMBS B. MOREHEAD (Defendant) V8. No. 5073 Civil Action Law 191.t.. 1, Stste matter to be argued (i.e,. plsintiff's motion for new trial, de!endant'a demurrer to complalnt. etc,), De!end~nt's Motlon for Judgment of Nan Pros 2. Identity counsel who will argue case, (a) for plaintiff, David W. Knauer, Esquire Addressl 411-1'. Eaet Main Street Mechanicsburg, PA 17055 (bl, f~r ~~t~ndant: ,John Fl~unla~:~~:, ~s~uire Addres", 305 N, ~ront Street P.O. Box 999 Harrisburg, Pa 17108 3. I will notify all parties in writing within two days that this case has been listed for argument, 4. Argument Court Date, March 5, 1997 Dated:) j;" /', '/ ,!" 1'\ ';1/'41:; . 'l' OJ .1(f1t(/;..!, Attorney for James B, Morehead fr. C) r:= ..,: C'. f,f .. ~~: Ill!,.! m . ..) ~ " u' 1J:t. :,:~ I I ~j.: :. "'4.: ,I d;' , ,'''1-1 I', ,. "J' "',,1 " 1.1.'- " ~.'" . ""'1 I ..... . ~'l~. " '" f". >oj LI'1 l~ ," "1,' ~'~ . '-"~'''t'!'T''"".....-.-.-~-,"" . 'Ill' .'. ,,, " I,' , l\~ -t, 'rll ,~~~rr''';T"-.rr~~'lil{}U~~':'?:' , , ;1" ~~,...... .~ " " O~ or knowledge sufficient to form a belief as to the truth of the averments contained In this paragraph and same are therefore denied, strict proof being demanded at trlal, If relevant. 11. Legal conclusions which require no Answer. Where an Answer Is deemed to be required, after reasonable Investigation, Answering Defendant lacks Information or knowledge sufficient to form a belief as to the truth of the averments contained In this paragraph and same are therefore denled, strict proof being demanded at trial, If relevant. COUNT I 12. Paragraphs 1 through 11 of Defendant's Answer are Incorporated herein and made a part hereof as If set forth In full. COUNT II 13. Paragraphs 1 through 12 of Defendant's Answer are Incorporated herein and made a part hereof as If set forth In full. 14. This paragraph contains averments amounting to a legal conclusion which requires no answer. By way of further explanation to the remains of the paragraph, Answering Defendant denies those averments as, after reasonable Investigation, Answering Defendant lacks Information or knowledge sufficient to form a belief as to the truth of the averments contained In this paragraph and same are therefore denied, strict proot being demanded at trial, If relevant.T NEW MATTER 15. Some of the Plaintiffs demands against the Defendant may be reduced or eliminated by the application of the applicable portions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 16. If Plaintiffs selected the limited tort option on their own insurance policy, then they may not be entitled to proceed with this claim sinc~ their injuries may not be "serious". VERIFICATION I, DEFENDANT, JAMES B. MOREHEAD, hereby state that the statements made in the foregoing Answer with New Maller to Plaintiff's Complaint are true and correct to the best of my knowledge, Information and belief. The undersigned understands that the statements therein are made subject to the penalties of 16 Pa.C.S. 94904 relating to unsworn falsification to authorities. I, ," ' .," ~(I \~ i': ,,,, .1 , ' .. \ ,,('I .,. , .,1 ( .' . ,..l " ;~ (, .,:,,! (J\; , . .'....) (::1, r,"J l' I L.!,' ;. 1:1 I ." . " \ ,w , I' ,.': ,...J l.:': u' ...) .' . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID W. KNAUER and AMY H. KNAUER, his wife Plaintiffs CIVIL ACTION. LAW v. No, 94.5073 Civil Term JAMES B. MOREHEAD Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO THE DEFENDANT'S NEW MATTER 15, Denied as alleged, The Plaintiffs aver to the contrary that Paragraph 15 of the Defendant's New Matter Is a conclusion of law to which no reply Is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof Is demanded at time of trial. 16, Denied as allsged, The Plaintiffs aver to the contrary that they have the full tort option under the Pennsylvania Motor Vehicle Financial Responsibility Law, 17, Denied as alleged. The Plaintiffs aver to the contrary that Paragraph 17 of the Defendant's New Matter Is a conclusion of law to which no reply Is required pursuant to the Pennsylvania Rules of Civil Procedure and strict proof thereof Is demanded at time of trial. By way of further reply, the plaintiffs' Incorporate herein by reference thereto their Complaint filed In this action, 18, Dellied as alleged, The Plaintiff avers to the contrary that paragraph 18 of the Defendant's New Matter Is a conclusion of law to which no reply Is required pursuant to the Pennsylvania Rules of Civil Procedure as strict proof thereof is demanded at time of trail. 19, Denied as alleged, The Plaintiffs aver to the contrary that Paragraph 19 of the Defendants's New Matter Is a conclusion of law to which no reply Is required pursuant to I, !W ...:t ~. C'V Ie-; 'I ,-. .. <(, ~g ...:r :,1...,. , , .' ~~ (51 Jr., <l.. CI;:::; n , .. ", 0'\ '"I::!) L . 'L I J ". rJ' ...r; ~ ' e ~~fE ~ lo. ~ ~ d - v DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "documenf' Is used herein, It Includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or Informal, (B) Whenever you are asked to "Identify" a document, the following Information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof; (1) The nature of the document (e,g" letter, memorandum computer print-out, resolution, tape recording, etc,); minutes, (2) (3) lis date (or If It bears no date. the date when It W8$ prepared); The name, address, employer and position of the signer or signers (or If there Is no signer, the person who prepared It; (4) The name, address, employer and position of the person, If any. to whom the document was sent; (5) If you have possession, custody or control of the document. the location and designation of the place or file In which It Is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having pClssesslon, custody or control thereof; and (7) A brief statement of the subject matter of such document. (c) Whenever you are asked to "Identify" an oral communication, the following Information should be given as to each oral communication of which you are aware. whether or not you or others were present or participated therein; (1) The means of communication (e,g, telephone, personal conversation, etc,); (2) Where It took place; 2 (3) Its dlte; (4) The nlmes, Iddresses, employers Ind positions (I) of III persons who participated In the communlcltlon; and (b) of all other persons who were present during or who overheard that communication; (5) The substance or who said what to whom and the order in which It was slid; (6) Whether that communlcltlon or Iny part thereof Is recorded, described or referred to In any document (however Informal) and If SOl an Identification of such document In the manner Indicated above, (0) If you claim that the subject matter of a document or oral communication Is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above, You shall, however, otherwise "Identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication Is privileged. (E) Whenever you are asked to "identify a person, the following information shall be given: (1) The name, present address and present employer and position of the person, and; (2) Whether the person has given testimony by way of deposition or otherwise In any proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was give, where the statement Is presently located If written or otherwise transcribed, and the present location of such transcript or statement if not In your possession, (F) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, Indemnltors, insurers, Investigators, and any other agents Insofar as the material requested herein Is not privileged, 3 5. Plesse list all other bodily Injury claims by capllon. docket number and county, that you have flied In the 10 years prior to the accident averred to In you complaint until present. David W. Knauer, et ux v. Wes Freedman. tnc.. In the Court of Common Pleas of Luzerne County docketed at 3093 of 1987. In addlllon to the foregoing, the Plalnllffs did file a personal InJury case as a result of a pick up truck that rammed Into the rear of the vehicle the Plaintiff David W. Knauer was operating. C, Kent Price, Esquire represented the Defendant In that case, The Plaintiffs did not retain that file after the case was settled. The Plalnllffs believe that the Defendant In this c::ase has thatlnformallon within his firm, There were two minor claims only one of which was prosecuted to settlement and after conclusion of those cases those files were destroyed, One claim was filed in Cumberland County and the other In Dauphin County. The Plaintiffs would again refer to the Defendants' counsel's firm because those quesllons were posed In either Interrogatories, depositions or at trial, The Plaintiff made a workmen's compensation claim and caption was: David W. Knauer v, Cleckner & Fearen and Donegal Insurance Company to the Plaintiffs Social Security Number 207-34-7864, (a,) Please Identify all bodily injury claims that you have made on your behalf for the same time frame that did not enter Into Illlgatlon. '.. " I.:) " '" ,.. ." " " ..', .. ~. -. /, I 1.1.. i co I I' .' 1 :I,J 'r' 1.- " i\ ~' i '- , (.) ( , , " ,- . ~ , : , . , I I , ; { ~ I;; ~9 ... .. ~ 0 ~ ~ t:; .. is ~ .. if z .. i . I!)' Q ~ .. 0 a: .. :> ~ j . 0 .. ~ III .. ~ ii 0 ~ z .. ~ ~ c z 0 '" Q ~ ~ ~ ~ t; ~ ~ ~ .. 0 .. E i l ~ .. ;f .. . .; Q !l-.. 0 0: lD :> ~ ~ ~ ci .. Ul .ll 0 ~ ii ... Z 0: . ~ 1; . i z ... Q ~ John fIIllWI.lt"t.t, 1\IIUitto )ll5 NIl.lh r"'"1 51...1 P.O,II.,\IJI'IJ lI.ml,h'"M, I'A 1711,"")"')'1 (717) H7.71H ,717l1:17.71tl:,(r,,,, i)AviO"\v~'KNAU(R .,i"IAI'.W H, KNAUER;--: INmE COURT OF COM,\\()N f'fE;\S-t', Ills w';", : CUMUERlAND COUNIY, PENi'L'iYLVA"N1A PI.lIIl1,ff> I',' ' Dd.me/.mt CIVil ACTION. lAW '....1 ,~ .' " ..' '. .. NO, 9,1,5073 CIVIL .. , , '..,~ ",' . ~ .. , ':: , .' ,,"' '-. v, )A,\,E$ [l, MOREHEAD, NOTICE OF INlENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical 10 the one that is attached to this notice, You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas If no objection is made, the suhpoel1as will be served, THm"IAS, THOMAS & HAFER LLP DLlte: February 7, 2000 By: ~~ JOHN FlOUNlACI\ER, ESQUIRE Attorney for Defendant -., -,' ',. ir, '''-' (,. 'I " I, ,'.~ ~"i ...,~ I t :~ I .; ::/: , , " , "'j d '0-'.. :1 -', ,:~. J (r ,: '-. '::) , '~~J .. , -:11 I' l'i(,] '.., ~ "J... ". . . . 'j 1 ,'':l , . (.,) U , , " " ..,j' U', .' .;.... " , , , (". , , J I . , , : , I , .. , ',' ,I , I " .I ~~ ~ r. t; '" III i ~ ~ 0 ~ .. ;;; ... ~ .. t Q 0 .. .. m k ..; ~ r ~ 0 m t'i . III :J .. 0 .. ..\: .. III 0 .. ii ~ ~ z .. '" c 0 . ... ~ '.... . .. . . . ..' . ~ , Suppll,mental discovery based on Plaintiff's counsel's reading of the Rules of Professional Conduct. (Exhibit F), 8, On November 5, 1999, defense counsel wrote to Plaintiff's counsel again requesting more complete answers to Defendant's Supplemental Interrogatories, (Exhibit G) 9, On November 8, 1999, Plaintiff advised Defense Counsel that the Rule of Professional Conduct 1,6 prohibits the Plaintiff from providing complete answers to the Defendants requested discovery, (Exhibit 1-1), 10, Specifically Plaintiff counsel believed that the Rules of Professional Conduct prohibited him from providing the Defendant with the caption and related Information concerning the civil lawsuits that the Plaintiff has tried over the last several years 11, The Defendant submits that the Information that they are seeking are a matler of public record and not contemplated under the above-referenced Code of Professional Conduct. 12, Plaintiffs have failed to respond In any fashion to the Defendant's di!lcovery requests within thirty (30) days, 13. Pursuant to Pa. R.C.P, 4006(a)(2), the answering party shall serve a copy of answers and objections. if any, within thirty (30) days after the service of the interrogatories In question, 14, As Plaintiffs have failed to respond In accordance with the civil procedure rules, it is respectfully requested that this Court issue an order directing Plaintiffs to 2 " (717) 237.7125 August 31,1999 Dave Knauer 411-A East Main Street Mechanlcsburg, PA 17055 Re: Knauer v. Morehead Dear Dave: This letter serves to follow-up the message that you left me today concerning your outstanding discovery. According to your message, I anticipate that I would be receiving your answers to my discovery by the end of this week. look forward to hearing from you, Sincerely, THOMAS, THOMAS & HAFER, LLP John Flounlacker JF~lk I IXHI8I1' C. . , 4, Please list all cases by caption, docket number and county, that you mediated or arbitrated for a period of 5 years prior to the accident averred to in you complaint until present. The Plaintiffs Incorporate herein by reference their answer to Interrogatory No, 3 of the within document. 5, Please list all other bodily Injury claims by caption, docket number and county, that you have filed In the 10 years prior to the accident averred to In you complaint until present, David YY...Knauer, et ux v, Wes Freedman. Inc.. in the Court of Common Pleas of Luzerne County docketed at 3093 of 1987, In addition to the foregoing, the Plaintiffs did file a personal InJury case as a result of a pick up truck that rammed Into the rear of the vehicle the Plaintiff David W. Knauer was operating, C, Kent Price, Esquire represented the Defendant in that case, The Plaintiffs did not retain that file after the case was settled, The Plaintiffs believe that the Defendant In this case hes that Information within his firm, There were two minor claims only one of which was prosecuted to settlement and after conclusion of those cases those files were destroyed, One claim was filed In Cumberland County and the other in Dauphin County, The Plaintiffs would again refer to the Defendants' counsel's firm because those questions were posed in either Interrogatories, depositions or at trial. The Plaintiff made a workmen's compensation claim and caption was: David W, Knauer v, Cleckner & Fearen and Donegal Insurance Company to the Plaintiffs Social Security Number 207-34-7864, (a,) Please identify all bodily injury claims that you have made on your behalf for the same time frame that did not enter Into litigation, ~ r' .~ - t.. ,;~ ~, ":J 1 1I,i;") I..)~:: ( .1.... ;""'C '_J ;~: tr ~..' '1",1 l.J... ,'}<' ,( ,I "tf') ?)~, (.., I ,l.~ L!;' ) I J(i'l u"; . ! (~.. " :: , rOI .. , ~J (,) ~ , (e) Inclusive. Also, as applicable to this case, the Plaintiff avers to the contrary that he Identified Pa.RP.C, 1,6 which makes confidential any Information Involving a client unless so ordered by a court, If Your Honorable Court determines that Pa.RP.C, 1.6 does not apply to the Defendant's supplomentallnterrogatorles, the Plaintiffs will provide the Information to the Defendant's request to the best of their ability. 7.- 10, Admitted. 11. Denied as alleged. The Plaintiffs aver to the contrary that RP,C, No. 1.6 makes confidential any Information obtained In representation of clients, The question R.P.C.No. 1.6 poses Is that In Initiation of a suit a client Impliedly waives his or her right to confidentiality, but Is that waiver limited to that case only or Is It a general waiver of confidentiality for all times, The Plaintiff without a court order Is concerned with the aforesaid question and the Plaintiffs' objections are on that basis. 12. - 15, Denied as alleged, The Plaintiffs have flied their answers and objections to the Defendant's Supplementary Interrogatories as the Defendant sets forth in paragraph 5 and 9 of the Defendant's Motion to Compel, etc. Consequently, the Defendant's paragraphs 12. through 15. Inclusive do not reflect the record, WHEREFORE, the Plaintiffs' pray that Your Honorable Court will deny the Defendant's Motion to Compel or In the alternative as to Pa.R.P.C. No, 1.6 makes an Order that addresses that rule. NEW MATTER 16, The Plaintiffs incorporate herein by reference thereto paragraphs 1 though 15 of the Plaintiffs' within reply. , . . '~ ,~ ~ 17, The Plaintiff's provided answers to the Defendant's Interrogatories and the Defendant's motion should have been to determine the sufficiency of the answers, Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. cttJ {J~ David W. Knauer, Esqulra Attorney for Plaintiff Attorney 1.0, No, 21582 411.A East Main Street Mechanlcsburg, PA 17055 (717) 795.7790 Date: May 26, 2000 , , , \ I, , " ?r; 0\ ~ .,, ~ .. ~~~. ..:0 81 '" :z:: f"'~, . u.. :lJ~ ' .' r'J; , '0 Et';: N ::) [-;; I >- ill~ .... :c ~- ~5 g ,', . I ~IJ \ ...( " ,-, <I: , , I ;/l "J , ' , , ",'I.) , ,ilL. I" , I j J U " j.. ~ ~ i Q ~ ~ Q ~ ~ 5 ~ ~ 'a ti a.. ~ E ~ ~ 0 ~ ~ , 0 ... .. .. .. . o III o ~ III o is ~ " IX :J III III ii IX . %