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HomeMy WebLinkAbout95-06435 ::;'.' ~r;" I' ";j,-.n'. Jo p . ~;(~I ' -'.\<;'c.,..' f:,\~ - .~!~~ ~., ","'r.,; MARY JANE HURRELL, Ind ROGER L. HURRELL, ber hUlband and BRENDA LEE HORN1 PlII'''tiff. IIN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I I VI. CIVIL ACTION - LAW 95'- t,~ 3, C4~.;I~~1H NO. CIVIL 1995 JURY TRIAL DEMANDED ELMER E. KOUGH,II, 1h/,,,diI,,' TO LAWRENCE B. WELKER, PROTHONOTARY: Please enter my appearam:e on behalf of the plaintiff I and lllue a writ of IUmmona upon the defendant. Pleall have the Sheriff IIIVe the defendant. He may be IIIVed at the followlna addr'lI: Elmer E. Koujh, II 1184 Mainlvllle Road Shlppenlburg, Pennlylvanla 17257 (Franklin County) November 9th, 1995 Supreme Court 1.0, NO. 25476 lJ1 J ) a 1 I~I. J ~.~ ~ ,I H ~ "'~ ~~ ~ H jJ! . J ..~~..~ f tl - 1 I ti, M ltl .~ I "j~~ M ~J! ~ 'j'~ ~ . < .!l~ t>l ~ tj..j~5 0\ i}~ ~ ,;< io ar-- u "'- . " . " . SHERIFF'S RETURN - OUT OF COUNTY CASE NOl 199~-06.3~ P COIIIIONWEALTH OF PENNSYLVANIA. COUNTY OF CUIIBERLANO HURRELL IIARY JANE ET AL VS. KOUGH ELIIER E II R, Tho.a. Kline , Sheriff, who being duly .worn according to law, .ay./ that he made a diligent .earch and inquiry for the within na.ed defendant, to witl KOUGH ELIIER E II but wa. unable to locate Him in hi. baUiw1ck. He therefore deputized the .heriff of FRANKLIN County, Penn.ylvan1a. to .erve the within WRIT OF SUIIIIONS On Nove.ller 22nd. 199~ . thi8 office wa. in receipt of the attached return from FRANKLIN County, Penn.ylvania, Sher1ff/. Co.t.. DockeUng Out of County Suroharlle FRANKL I" COUNTY 18,00 9.00 2.00 38.60 So ;n~er.JJ/) ~\l'<~ 5<. L-~,c (/v--- .T'~tl.' ~a. I\Une, 5her1;;-- IIARCUS IIt:KNIGHT 11/21/1 !l95 .67.8Vl Sworn and .ull.cribed to before me tJ.., )..,. th1. 1/ -' day of 1. u ". b...-- , 19 9\ A.D. , '111../ r....- C. )lkit,,, . IJ.,u'1' ':::=t, prothonotary . SHERIFF'S DEPARTMENT '. 167 LINCOLN WAY EAST, CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261.3877 -_. .---~~~~~uREC~~Ei~~~S~RF~~~~IT OF RETURN r~~:~~~~::.~i~~~;~~~~0~~'~110CEsS 1'100.1 Iype 0' Pflnl Tfii.AINTlFr iii'-""" ... . .- _...u_. l COUll' NUMIJUl -1IllUJAllL.lluru.ll...fulIlU..J...Jlurrell f. IIrendo Lee .lIurn . 9~::-~.~35 3 DEFENDANt /5/ 4 I YI'[ 01 WIlIT Oil COM 1'1 AINI Elmer E. Kought.....l.L.... ....... ........J1\!!!U11o!1e.....__.____ SE.RYE {b N~:.:~~::;~;:~~~~~~~:'~'~"'ll^'" III I h . "' "'"VIII.' '"111 Oi.,.I11'"IlN III 1'1I1l1'11I1 Y III III II vll.I1.,~~~:~~~.';m II 6. AOOnE8S IShu1l1 or urn, Ap..rll1lt'rll Nil ,CIty IIIHIl, IwII, SInh! fIIIlllIP Ct"1I11 AT 1184 Hain.l!vlUJ!..!{!I,,- :;h!PP!l!1e~!In~J J'!!, ..1]2~L....... ........._._ .____u 7, INDICATE UNUSUAL sEIlVICE II COMMUN OII'A lJ DE I'IJ Ill[ { 1 01 II III - __...,__~_.__,._,.,.."'_. ________.._.._ ..____.. _ __ _____._.____'_.,._____ m_'._____ Now. 10_, I. SHERIFF OF FRANKLIN COUNTY, "A ,dohuroby dOllllllzo 1l1u Slim III 01 __ CounlV 10 mmculn (his Writ nnd mnko return theroof nccording 10 law. This depulallon bel nO mndo nllho ,oQ""sl nllll IIsk 01 tl1I! ,,'nlllllll ~__ '.II'Ecw.IN81llUCT1OHB 011 ornER INFORMATIoiHtiAT'wiiLASSISTIN EXPEDiTING' SERVICE: ..wJLiJll1.l.U!l."lih.IJ!1('\lUh'~ NOTE OILY ....ICS" " ON WRIT OF EXECUTION: NB. WAIVER OF WATCHMAN-Any <1"1,,,1, shll"" 10.y"'0 ul,on 0' "lIoch.1I0 ony l"ol'Il,ly unde, wUhl" w,n may ktow, samo wilhoul n wnlchml1ll. III CIlflltHll 01 wh0I11"""!'1 IS lllund III PU6Sl'ssioll, niter nuhIVU\t) lmllHHl ollul/V Of i111nchmenl. without IW;MNlv on the par' of such deputy 01 tht.! 5111'1111 hI .lll~ 1I1;j1!!!!ll~l:!.!!.!!.!.b!.!- ~}'J~}~_!>, dt'shuc I(~" _Q.U!!E~!'t€!~.Q!!'!!.!i'..~~lfo ml ~y. hnloro shenff's sllle thereof '._1UIIEolll~Y 0' ulhlll ORIGINATOR 10 'EUP/IONE NUMDEIl 11 DAlE Cumberland CountL!l.her1!E........._.. ... ...... .._..u .._...___...___.. ".IIENOHOTlCE OF SERVICE copy TO NAME AND ADDRESS BELOW: ITh'" I,el mUll be eompleled If nollee'"lo bl milled) IMCE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRl~ BELOW THIS UNE 13, I acknowlodyo locoipl 01 Iha writ \ 8~ATURE l~l A\lII)\'lll~9SP Ot'llll.IV or Ch.'rk lIncJ tlllo 101 Onle fleculvud Hi, e_pimllOf1IHcaring 0010 ur eomplslnl s.lndlcaled nbuvo I illtUJ..lUL_.U ...I.A:t.t.. L'_ __ ...__.____._ .. 11-14-95 12-14-95 16. lherebv CER11FV ond RElURH Ihall 0 IlilY11 pelsorlully bl'lvt'{j, {J hav'~ h'Uall!VidIII1CU 01 SI!tviCl! us shown in "nomnrks", 0 have c.uculcd os shown In "Homorka", tho "'fit or complaint d(~scllhed nil lhp indiVIdual. (;Olllpollly, coqloluhun, ule, ul 11m ntlllft!ss shuwn nbuvI! or unlhu individual, company, COfpof8Uon, ole.. 01 tho addrllss inserlm1 helow tlV handlmu il TRUE and ATTESTED COpy thomol ._--~----~-~.-_._---_._..._.. .~,,-~.._- "-_.'---------- 11.01 hereby emll'v and rnlufIl n NOT fOUND tW(iltlSI' I i11ll11n;l!JI" 10 11lIill" thl! IlldlVldllill, l:UlIlllnny, cOfpOlulioll,elc ,named ahove, IBce mmnrka below) 18. Nama and flllo of IndivkJuolsl!r" cd (II flols h.OW Il-;,i~~~;l'l-'-----' ---- .._, . . -- _0"... .u '. u'.._'~.__"_____'_'___. -] lOA 1",11'''" ul 'nnl'II.' ;N" un.t ~'\l:Il.tll," IhI'" S. uE AS 05 II'SOlIIl'l '" 1111' 111.1I.",I<\nl. U\UJI lli.ttl' III N". i1hlllh' I 20. Mlress of .hero borY~d-iCO',,~pliiitJ-tjrllv;i 'tJli';.';l'IIII'lill\ ~.""~'.' ", JOVI..'. l~illl.!~.i.UI-I'lllj."A1~:.II.i 111;;'-'1- Nu '--~--I' 1 IJ"",-;;;-s.''''''jn TI"," Clty.lIoru, T"'p. BIRlo and ZII' COItn) SAME AS 06 11-17-95 9100 AM 23 ATlEIIIPTlI] DMe'l Mlle. bop Inlj 0111 1 .M 3.1.11.0.1. .1.O..~~.'l.n.'I'I.'..b. ..i....I. Miliiiid lOop...... -:-.'.".i.,j-D......_.'-.M..'..Ie. ._u.l.De....p_'n-_!.]...D_"I~ Mlle. [ Dep.ln!. 24 Ad.loco CO.I~J;~-t~;~.: ;i~~~:.,c~!k~~lrlj,ll. NIllll'y CI"'. .~I2I M"ll"\1O"'.lOOl...UU . .1'11 101:tICu,ls ]'0 tOil DIll """'1M) ...._.._. !1l.dlQ_. _ 4,1)1) .. !.I1,80 n n.____....._ 38..~O__ 11.20 REFUND rn~, 3D.IlEMAI1KB 3 t ArtlllMtD lIlBIIUhBulhu<l lu hel",,, "'" 1111' 201'11 1\!.95 1:;".;:::.::;:;;~t?~TI~=.::~~_ ~'~'~;~J:I~20~~-5 1', ~'''.l!l.II''h' ,,' SIII,"I! 110 1),11,> SttElllFF OF FIlANKUN COUNTY ff:SI).11191l1 iff'anEfuAN siaNATUIlE I Oll1H. . , .- '.~" ,".' ;I-'~'~:~'<;"/~r',~~~:':~~:.,~' ;';".'/ : ' ,... lJ HitjlJltHi ^U 1110111 1 Y I hl'ii,~i;: 'I;., ,:;-:,:;:,'.--- ~-"--_.-.--- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY JANE HURRELL, and ROGER L. HURRELL, her husband and BRENDA LEE HORN No. 95-6435 civil Term plaintiff, v. ELMER E. KOUGH, 11 Defendant, Civil Action - Law PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa,R.C.P. 1012 TO THE PROTHONOTARY I Kindly enter the appearance of Robert A. Lerman and Ann Margaret Grab, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Elmer E. Kough, 11, in the above-capt~oned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS , ) .) L1 C BY \~, at<-- I I ) J " "- Ann Margaret Grab, Esq, Attorney for the Defendant 110 South Northern Way York, PA 17402 Telephone I (717) 757-7602 Datel pJUJ'ilt . . , , . CERTIFICATE OF SERVICE AND NOW, this 13th day of Auguat, 1996, I, Ann Margaret Grab, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS, Esquires, hereby certify that I have, this date, served a copy of Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Marcus McKnight ~Q W,~t p~fret Street hrU.le, ,Pennsylvania t ~'" lr ,; . L r~; I.' N ;!!... GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS BYI a..II")))) f J [l. ANN MARGARET GRAB, ESQUIRE Attorney for DEFENDANT Supreme Court 1.0. . 55986 110 South Northern Way York, Pennsylvania 17402 Telephone I (717) 757-7602 , . , . ~tl (,le ."t MARY JANE HURRELL, ROGER L, HURRELL and BRENDA LEE HORN. Plalntl" v. I IN TIfE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTV. PENNSYLVANIA I I CIVILACTION.LAW I I 9S-643S CIVIL TERM I ELMER E, KOUGH, II. Defendant JURY TRIAL DEMANDED NOTI(;E TO DEFENQ You have been sued In court. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this complaint. order and notice are served, by entering a written appearance personally or by attorney and filing In writlna with the court your defenses or objections to the claims set forth against you, You are warned that if you till to do so the case may proceed without you and a judgment may be entered against you by the court without further 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 TIfIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthoule I Courthoule Square Carlisle. Pennsylvania 17013 (717) 240-6200 4. The plaintiff, Mary line Hurrell, WIS operating a 1977 Ford Thundelblrd on PI. Route 641 on November 17,1993, at 1:30 p.m. The plaintiff, Brenda Lee Hom, wu a Pl.senser in her vehicle. S. The plaintiff, Mary lane Hurrell, was traveling westbound on Pa. 641 and u she approached the viIlljJe of Plainfield, located in West Pennsboro Township, Cumberland County, she .topped in order to turn left Into the plrklnglot of the Plalnfleld UnI.Mart. 6. AI she waited to turn into the parklnglot of the Plainfield UnI-Mart, her left turn s1snaI wu operatlna. 7. Without warning, the plaintiffs automobile was struck from behind by a 1989 Chevrolet operated by the defendant, Elmer E. Kough, 11. 8. Defendant, Elmer E. Kough, II, was traveling westbound on Pa. Route 641 In the lIIl1e lane of travel as the plaintiffs vehicle. When he saw the plaintiffs vehicle he applied his brakea but WIS unable to stop before slamming Into the rear ofthe automobile driven by Mary lane Hurrell. 2 9. As a result of the colllslon, plaintiffs, Mary Jane Hurrell and Brenda Lee Horn, both lustalned injuries. 10, The plaintiff, Mary Jane Hurrell, sustained injuries to her neck and back, The plaintiff, Brenda Lee Horn, aiso sustained injuries to her neck and back. 11. The injuries to the plaintiffs were caused by the negligent acts of the defendant, Elmer E. Kough, II. 12. The negligent acts of the defendant, Elmer E. Kough, II, which caused the accident were u followl: a. The defendant was operating his vehicle too fast for conditions and was unable to ItOp in time to avoid striking the plaintiff's vehicle; b. The defendant failed to pay proper attention to the road ahead of his own automobile and wu unable to ItOP his vehicle In time to avoid striking the automobile of the plalntift; c. The defendant failed to give any warning of the Impending collision by sounding his horn to warn the plaintif18; d. The defendant was traveling in excess of the speed limit and was unable to bring hll automobile to a stop without striking the plaintiffs vehicle from behind. e. The defendant failed to keep his automobile under proper control and struck the rear of the plaintiffs vehicle causing the Injuries to the plaintiff, 3 6, Denied. After reasonable investigation, Dofendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 6 of Plaintiff's complaint and same are denied and strict proof thereof demsnded. 7, Denied, It is specifically denied that without warning the Plaintiff's automobile was struck from behind by a 1989 Chevrolet operated by the Defendant Elmer E. Kough, II. On the contrary, it is averred that at all times relevant hereto answering Defendant acted carefully, lawfully, and prudently. 8. Denied, It is specifically denied that the Oefendant Elmer E, Kough, II, was traveling westbound on Pa. Route 641 in the same lane of travel as the plaintiff'S vehicle. When he saw the plaintiff's vehicle he applied his brakes but was unable to stop before slamming into the rear of the automobile driven by Mary Jane Hurrell, On the contrary, it is averred that at all times relevant hereto, answering Defendant, acted carefUlly, lawfully and prudently, 9. Oenied. After reasonable in"cestigation, Oefendant is without knowledge or information sufficient to form a belief aa to the truth or veracity of the allegations contained in paragraph 9 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 10. Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief aa to the truth or veracity of the allegations contained in paragraph 10 of Plaintiff's complaint and same are denied and strict proof thereof demanded. 11. Denied. It is speclflcally denied that the injuries to the Plaintiffs were caused by the negligent acts of the Defendant Elmer E, Kough, 11, On the contrary, it is averred that at all times relevant 2 hereto, answering Defendant, Elmer E. Kough, II, acted carefully, lawfully and prudently. 12. Denied. It is specifically denied that the negligent acts of the Defendant Elmer E, Kough, II, which caused the accident were as follows: A, The defendant was operating his vehicle too fast for conditions and was unable to stop in time to avoid striking the plaintiff/s vehicle/ B. The defendant failed to pay proper attention to the road ahead of his own automobile and was unable to stop his vehicle in time to avoid striking the automobile of the plaintiff/ C. The defendant failed to give any warning of the impending collision by sounding his horn to warn the plaintiffs/ D. The defendant was traveling in excess of the speed limit and was unable to bring his automobile to a stop without striking the plaintiff's vehicle from behind/ E, The defendant failed to keep his automobile under proper control and struck the rear of the plaintiff's vehicle causing the injuries to the plaintiff/ On the contrary, it is averred that at all times relevant hereto, answering Defendant, Elmer E. Kough, II, acted carefully, lawfully, prudently, and in full compliance with the Pennsylvania Motor Vehicle Code, 13. Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 13 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 3 14, Denied. Paragraph 14 constitutes a conclusion of law to which no responsive pleading is necessary and same is deemed denied. WHEREFORE, Pefendant demands judgment in his favor and against the Plaintiff together with interest and cost of suit. lID Mllll"l'IR 15. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein by reference as though fully set forth at length. 16. Plaintiff's complaint fails to state a cause of action against Answering Defendant upon which relief can be granted. 17, Plaintiff has not sustained a serious injury as defined by Act 1990-6, 75 Pa,C,S.A. Sect, 1702. lB. Plaintiff' s claim for non-economic damages may be barred because Plaintiff has elected a limited tort option as set forth in Act 1990-6, 75 Pa.C.S.A, Sect. 1705(b) (3) (d). 19. No act or failure to act on the part of Answering Defendant was a substantial factor in bringing about Plaintiff's alleged injuries and damages, 20, Plaintiff Mary Jane Hurrell was contributorily and/or comparatively negligent which contributory and/or comparative negligdnce was the substantial factor in bringing about she and the other Plaintiffs alleged injuries and dsmages. 21. Defendant Elmer E. Kough, II was presented with a suddsn emergency which precludes a finding of negligence against him, 22. Plaintiff's alleged injuries and damages were the result of the sole negligence of Mary Jane Ilurrell in failing to activate her turn signal, failing to operate her motor vehicle in a reasonable manner and in compliance with the Pennsylvania Motor Vehicle Code, 4 CERTIFICATE OF SERVICE I(J.{,(J AND NOW, this ~ day of November, 1996, I, Ann Margaret Grab, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Answer and New Matter by United States Mail, addressed to the party or attorney of record as follows: Marcus McKnight, Esq, 60 West Pomfret Street Carlisle, Pennsylvania GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY I r2u...J/7 . /2 C.... ANN MARGARET GRAB, ESQUIRE Attorney for DEFENDANT supreme Court 1.0. . 55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 amg/kough.anm 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 95-6435 civil Term MARY JANE HURRELL, and ROGER L. HURRELL, her husband and BRENDA LEE HORN Plaintiff, JURY TRIAL DEMANDED v. ELMER E. KOUGH, II Defendant. civil Action - Lal' CERTIFICATE OF SERVICE AND NOW/ this ~ day of December, 1996/ I, Ann Margaret Grab, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN/ SOLYMOS , CALKINS/ Esquires, hereby certify that I have, this date, served a copy of Interrogatories of Defendant to Plaintiff (Set No.1) by United States Mail, addressed to the party or attorney of record as follows; Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, Pennsylvania GRIFFITH, STRICKLER/ LERMAN, SOLYMOS , CALKINS BY; ~ Wr.J- ANN MARGARE GRAB, ESQUIRE Attorney for DEFENDANT Supreme Court I,D. * 55986 110 South Northern Way York, Pennsylvania 17402 Telephone; (717) 757-7602 amg/kough,int . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANI~UG l u l~~' MARY JANE HURRELL and No. 95-6435 civil Term ROGER L. HURRELL, her huaband, and BRENDA LEE HORN, Plaintiff JURY TRIAL DEMANDED v, ELMER E. KOUGH, II, Defendant Civil Action - Law R"T,. TO SHOIf CAUS. AND NOW, TO lilT, this ~ 'I It, day of _I~... ~ '-'..,. t 1997, upon conaideration of the foregoing Motion of Defendant, Elmer E. Kough, 11/ t. to compel Plaintiffa, Mary Jan.Hurrell and Roger L. Hurrell, her husband, and Brenda Lee Horn/ to anawer Interrogatories and Request for Production of Documents/ the Plaintiffs, Mary Jane Hurrell and Roger L. Hurrell, her husband, and Brends Lee Horn, are hereby ORDERED to show cause why they ahould not be compelled to respond to the Interrogatories and Request for Production of Documents identified in the attached Motion to Compel by responding to this Rule OR or t.6Cuu. LIlt, Itt z.(~ I~l~c' -~ ~<!)U,'LL t99'r.- ..... It)' ~ Q - ".J.) ~ ..Jay of I-- BY THE COURT: V Y)'kt1t ttw//t,t.&( [..'0._ CVU 1./ 'U d-.I-CZ~J,-/ --7J;t:t~ )J7c. t-r I I c.. c~~.,) (h~JJ. 8/". '1 /.l~ -fJ. . IN THE COURT OF COMMON PLEAS OF CUM8ERLAND COUNTY, PENNSYLVANIA MARY JANE HURRELL and ROGER L. HURRELL, her husband, and BRENDA LEE HORN, plaintiff No. 95-6435 civil Term JURY TRIAL DEMANDED v, ELMER E, KOUGH, II, Defendant Civil Action - Law pan.. AND NOW/ TO WIT, this _, day of , 1997, upon consideration of the Motion of Defendant, Elmer E. Kough, 11, to compel Plaintiffs, Mary Jane Hurrell and Roger L. Hurrell, her husband, and Brenda Lee Horn, to answer Interrogatories and Request for Production of Documents, it is hereby ORDERED that ths Plaintiffs shall respond to the Interrogatories and Request for Production of Documents within days from the date of this Order, BY THE COURT, J. , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY JANE HURRELL and ROGER L. HURRELL, her husband, and BRENDA LEE HORN, Plaintiff No, 95-6435 civil Term JURY TRIAL DEMANDED v. ELMER E. KOUGH, II, Defendant civil Action - Lsw MD'tION or Tn Dl:ftHDAHT, IILN1:a 1:, KOuaH, II , '.rO COII1'I:L AHsnIUI '.rO IlI'f&IUlOGA'.rOaII:B AND UOUl:BT rea PRODUCTION or DOCUMIlHTB AND NOW, comes the Defendant by and through his attorneys, Griffith, strickler, Lerman, Solyrnos , Calkins, and Ann Margaret Grab, Esquire and files this Motion to compel, and states as followSI 1. On or about December 6, 1996, Defendant, Elmer E. Kough, II, propounded Interrogatories to the Plaintiffs, a copy of which are attached hereto marked EKhibit "1." 2. On or about December 6, 1996, Defendant, Elmer E. Kough, II, propounded a Request for Production of Documents to the plaintiffs, a copy of which are attached hereto marked EKhibit "2," 3. The submission of these discovery requests to the Plaintiff, constituted the first step of the discovery stage which would afford the Defendant an opportunity to identify potential witnesses and trial evidence, eKcluding eKpert witnesses, and to ascertain the eKistence of any liability insurance available to respond to Plaintiff's claim in the event it is determined that Defendant was negligent and that his negligence was a substantial factor in causing the Plaintiffs harm, ~ 4. Counsel for the PIa in tiff did not contact counsel for the Defendant to request an extension of time within which to respond to the discovery, nor were any objections to the form of Interrogatories and Request for Production of Documents filed, 5. Pennsylvsnia Rule of civil Procedure S4006 requires that verified answers to Interrogatories and Request for Production of Documents properly served, be made within thirty (30) days. WHEREFORE, moving Defendant respectfully requests this Honorable Court issue an Order compelling the Plaintiffs to respond to the Interrogatories and Request for Production of Documents within thirty (30) days, GRIFFITH, STRICKLER, LERMAN/ SOLYMOS , CALKINS BYI I2Jh) J}..Lf:.-,- ~RMAN Supreme Court 1.0. No. 07490 BYI 12 ({/l J}) f..L \... ANN MARGARET GRAB Supreme Court I.D. No. 55986 Attorneys for Defendant 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 a ~i"f~'::~:~t:"/::~?:;;,~,:,::~, ',' /. ^-~~-';'':'::~1l j' Jf~,. \!4.J-....^~'-7J1Ti-:..~r.-;1..;!fi":;:.;.;t~S;-~?t-"-~-~ . \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY JANE HURRELL and ROGER L. HURRELL, her husband, and BRENDA LEE HORN, Plaintiff No. 95-6435 Civil Term JURY TRIAL DEMANDED v. ELMER E. KOUGH, 11/ Defendant Civil Action - Law t"IIR'I'lrlCAH or SDvrt"ll AND NOW/ this\5\hday of August, 1997, I, Ann Margaret Grab/ Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN/ SOLYMOS , CALKINS, Esquires/ hereby certify that I have/ this date, served a copy of Motion of Defendant to Compel Answers to Interrogatories and Request for Production of Documents by United States Mail, addressed to the party or attorney of record as followSl Marcus McKnight/ Esquire 60 West pomfret street Carlisle, Pennsylvania 17013 (counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS BY I ()dt c/))'} !J.--'-. ANN MARGARET GRAB, ESQUIRE Attorney for DEFENDANT supreme court 1.0. . 55986 110 South Northern Way York, Pennsylvania 17402 Te1ephonel (717) 757-7602 mmm/amg/kough.mtn .. ,wt.rr --1- Definition of Terms THESE OEFINITIONS FORM AN INTEGRAL PART OF THE' FOLLOWING INTERROGATORIES I A, "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa, 8, "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act/ transaction, occurrence, happening, instance, or event, means to provide the fOllowing informationl 1. The subject matter and substanee of that which took placel 2. The time, date and place thereof I 3. The identification of each person who participated therein, or who was a witness theretol and 4. The identification of each communication or document which reters thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, inclUding all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiff, inClUding by way of amplification and not limitationl contracts, inVOices, correspondence, notes, drafts, reports, plans, tecordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences, D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interroQatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: I. When used with reference to a natural person, state his ful1 name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or ..sociation), state: (a) Its full names; (b) The address of its principal place of businessl and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication I (a) State the pI ace at which and the date on which such oral communication occurred; (b) Identify each person making such ora 1 communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made; (e) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence J thereof; F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint ventures, co-ventures and any other legally recogniz~d entity of any description whatever, as wel1 as all divisions, departments, affiliates, subsidiaries, or other sub- units of the foregoing entities. G. "Specify" when used with reference to a "document," calIs for: I. The nature of the document (e.g" letter, contract, chart, memorandal; '. 2. Its datel 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7, Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009 of the Pennsylvania Rules of civil Procedure. I. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events) . J, "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's ag~nts, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well 4 13. Please set forth thd full name and address of each and every doctor or other medical person who hall attended or examined you as a result of the within accident, and the sums of money paid or owing to each for services to you. A. List the date, month, and year of each examination or attendance by each such doctor or medical person. 14. On what date did you last work prior to the accident which is the subject of this litigation? 15. If you have returned to work, either on a full-time or part- time basis, when did you return and state whether the return h~s been to full-time or part-time employment. 12 t. 20. 00 you know of any person who witnessed the alleged,occurrence or who has any knowledge of the relevant facts concerning the nature, character and extent of the injuries, disabilities, damages, losses or expenses sustained by you as a result of the occurrence and for which claim is being made in this action? 21. If so, for each person, state: A. The name and last-known address, B. A detailed description of the relevant facts known' C. Whether written or otherwise recorded statement has been taken, and, if so, the name and address of the person taking the statement and the person in present custody of the statement, D. If you will do so without a Motion to Produce, attach a copy of each statement to your Answers to these Interrogatories. 11 22. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subject matter on which the expert is expected to testify. 23. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, listl formal educati?n, the schools attended, including years of attendance and degrees or certifications received, experience in particular fields, including names and addresles of employers with inclulive years of employment and pOlitions held, teaching positions or other affiliations, and a list of all publicationa authored by said persona, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing, (In lieu of anlwerlng this Interrogatory, pleue attach a copy of each expert's Curriculum Vitae or resume.) 18 24. A. Set forth the facts to which each expert you have listed is expected to testify, B. Set forth the opinions to which each such expert is expected to testify. 25. Identify and describe any photographs, experiments, videotapes, movies, transparencies, models, diagrams, facsimiles, drawings, plans, tests, or other device or thing to be utilized by any expert to illustrate testimony or otherwise to support any opinion to be offered. ~ 17 2? If so, state for ~ such policy:: A. The name, principal place of business and telephone number of the insurer; B. The name, address and telephone number of the named insured, c. The policy number; D. The effective dates of coverage; E. The amount of liability coverage, specifying the terms thereof, F. State whether there are any provisions, such as medical pay clauses, first party benefits, uninsured motorist's coverage, underinsured motorist's coverage, or other insurance payment provisions, which will provide benefits to a party injured by your vehicle and set forth any conditions, exclusions or other relevant terms concerning such additional benefits, including the amount(s) of coverage, G. The number of vehicles covered, if applicable. H. Your legal domicile at the time insurance was applied for; I. Your legal domicile at the same time each policy of insurance (or any endorsement thereto) was issued, J. Did you elect full tort option or limited tort option? " 19 28. Has the insurance company or companies involved raised any issue as to your coverage for damages arising from the aforesaid accident? If so, please set forth in detail the basis for such issue, reservation of right or denial of coverage. 29. If any issue as to coverage arising from this accident has been raised by the insurance company or companies inVOlved, ,please set forth your position as to this issue. 30. Are you protected against the type of risk which is the subject of this action by anYI A. Reinsurance; B. Excess insurance; c. Umbrella policy; D. Insurance on another owned or leased vehicle, E. Self-owned or closely held business insurance; F. Employer's liability insurance, if relevant? 20 31. If your answer to any portion of 129 above is in the affirmative, for each such coverage state: A. The name, address and telephone number of the insurer; B. The number of the policy; C. The form of insurance, D. The effective dates of coverage; E. The amount of coverage, specifying the terms thereof, F. The name and address of the named insured, G. State whether there are any provisions such as medical pay clauses, first party benefits, uninsured motorist's coverage, underinsured motorist's coverage, or other insurance payment provisions, which will provide benefits to a party injured by your vehicle and set forth any conditions, exclusions or other relevant terms concerning such additional benefits, inCluding the amount(s) of coverage; H. The number of vehicles covered if applicable; I. Your legal domicile at the time each policy of insurance was applied for; J. Your legal domicile at the time each policy of insurance (or any endorsement thereto) was issued. 21 , . Please produce the following documents: 43. All photographs in the possession, custody or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of the Plaintiff, including any insurers for the Plaintiff, showing, representing or purporting to show any vehicles, locales. instrumentalities, persons, and any and all other matters related to the subject matters of this litigation. 44. All diagrams, sketches, drawings, plans, measurements, or blueprints in the possession, custody or control of Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of said Plaintiff, including any insurer of said Plaintiff, showing, representing, or purporting to show any of the instrumentalities, locales, persons or other matters involved in the incident which forms the basis of Plaintiff's Complaint. 44. All statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in the pos~ession of Plaintiff, Plaintiff's attorney, insurers, or anyone else acting on behalf of the Plaintiff, 45. All expert opinion, expert reports, expert summaries, or other writings of experts in the possession, custody or control of Plaintiff, or his/her attorneys or insurers who are expected to testify at trial, which relate to the subject matter of thic litigation and the incident in question. 26 . . . 46. All documents prepared by Plaintiff, or by any insurers, representatives, agents or anyone acting on behalf of Plaintiff, except his/her attorneys, during an investigation of any aspect of the incident in question. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, films, diaries, reports, calendars, surveys, photographs, diagrams, drawings, minutes of meetings or any other writing (inclUding copies of the foregoing, regardless of whether the'parties to whom this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of Plaintiff, his/her former or present counsel, agents, employees, , Officers, insurers, or any other person acting on Plaintiff's behalf.) 47. If not otherwise covered by the above Requests, the complete claims/investigation/subrogation (file(s) of any insurers of Plaintiff, dealing with the incident in question. with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 48. All documents in the possession, custody or control of Plaintiff, Plaintiff's counsel, insurers, or anyone else acting on ~7 t .. . CEIITlI'ICATE l'IIElmlllllSl"~: "ll SEI\VJCI~ llI' A !Hl\lI'Il~:"A l'URSIlA"" TO IIUI.E ',009.22 IN 1'IIE HhTTER 01'1 COURT OF COliNoN PLEAS HURRELL/HORN TERM, 1995 -VS- CASE NOI 6435 KOUGII As a prerequisite to service of a suhpoena for documeuts aud things pursuant to Rule 4009.22 11CS IIn hehalf of ANll ',I. GMB. ESQOIRE defendant certifies that (1) A notice ul intent tLl serve the suhpoena wIth a CLlpy of the suhpoena attached thereto was mailed or delivered tLl each party at least twenty da,s prlllr 1.11 the uate on whirh the suhpoena is sought to be serveu, (2) A cop, of the notice uf intent, lucludlng the proposed suhpoena, is attached to the certiCicate. (3) No objection to the subpoena has heen received, and (4) The suhpLlena which will he served is identical to the suhpoena which is attached to the notice III Intent. t Il serve the suhpoena. DATE I 3/31/98 /l1l/J1 '11,1, j-Jt;",b A}m H. GI\AB , ESQUI RE Attorne, Cor defendant lJEll-029631 5), 5 G 3 - L 0), COHJo10NWEAI~'1'1i 01" PIl.:NNBYLVAN1:A CClUN'l'Y 01" CUI-113I!:RLI'-NJ:> III THE I-lATTER OF. COURT OF COlo\l-101I PLEAS HURRELL/BORII 1'ERl1, I 99~ .VS. CASE NO. 643~ KOUGH NO'J'ICE OF' IWI'EN'I' '1'0 SERVE A SUBPOENA '1'0 I'JlOIlUCE 1l0CUMEN'J'S CARLISLE 1l0SPITAL ALEXANDER SPRIIIG' S REHAB, HAROLD G. KRETZ IIIG, H, D. I1EDICAL I1EDICAL MEDICAL TO. MARCUS HCKlIIGllT. ESQUiRE HCS on behalf of AIlII H. GRAB. ESQUIRE intends to serve a subpoena identical to the one that is attached to this nutice. You have twenty (20) days from the date listed below in which to file of record and serve upun the undersigned an objectiun to the suhpoena. If no objection is made the Bubpoena may be served pursuant to the applicable Pennsylvania Rules uf Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by complet.lng the attached cuunsel card and returning same to I1CS or by contacting uur local I1CS office. DATE. 3-10-98 I1CS un behalf of AliI/Ii, GRAll, ESQUIRE Attorney for DEFEI/DAI/T CC I ANII M, GRAll, ESQUIRE . 10329).00033 Any questions regarding thla mattet, contact THE 1iCS GROUP, IIIC, 1601 HARKET STREET '800 PHILADELPHIA pA 19103 (215) 246.0900 DE02-0602585:t.5G3_CO:t. ;.~..)'Ij",,,;,.-.,. "',;,->~ . _\.- CXHIJNWIW,T11 OF PENIt,i'LVAtIIA CXXJIfl'Y OP CDlI1mUIND , HURRF.LL I HORN Fi Ie No. 95-6435 -VS- KOUGH Sl.ePOENA TO PR<D.a DOC1J.ENTS OR TH IIGS FOR DI~"Y PlASUANT TO IlULE 4009:22 TOI t'ltcmDIAN OF RECORDS FORI CARLISLF. HOSPITAL (Nne of PlIl"lOl'I or Entity) Within twenty (20) days after service of this subpoena, you ere ordered by the court to P/"OCilce the following docunents or thingsl __ IIF.F. .\TTACHF.D _ MARKET STREET, SUITE 800. P"l~^u~~rn!A, FA 1919] at TU~ Mr. SGROUP. INC.. 1601 (Adcreu) You may deliver or mail legible copies of the docunents or produce things requested hI thi. '~I, together with the certificate of CXI1llliance, to the party making thh requ.st at the adare.. listed above. You have the right to seek in advance the reasonablt cost of preparing the copies or producing the things sought. I' you fail to produce the doo.ments or things required by this subpoena within twenty (20) days after ita service, the party serving this subpoena may uek a court order ~11fng you to CCIlllly with it. THIS SlIlPOENA WAS 1SSla) AT THE REQUEST OF TIE FOLLONIOO PERSONI NAtE 1 om! M. GRAB. ESQUIRE ADORESSI-1lQ S. NORTHF.RN WAY YORK. PA 17402 TELEPHONEI--l15-246-0900 SlPR&E exulT 10 II ATTORNEY FOR: DF.FF.NDANT DATE I \Y\G.J\~ 3 \S9.S Sea 1 of the Court P isian BY TIE Deputy (Eff. 7/91) ~.11'I1 OF I'D~.vNH^ CXXJm'Y OP aJHBmlJ\NI] HURRF.LL / HORN . -VS- Fi Ie No. _ 95-6435 KOUGH SUBPOENA TO PR<na lXX1JoENTS OR lli I NCIS FOR 0 I SOO'w'ERY PUlSUANT TO IM..E 4009: 22 TOI CUSTODIAN OF RF.CORDS FOR: ALEXANDER SPRING'S REHAB. (NlI1le of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to Pf"O<iJce the following dxunents or lhingsl __ SEE ATTACHED_ at THE MC~ GROUP, INC., 1601 MARKF.T STREET, SUITE 800, PHILADELPHIA, PA 19103 (Address) You may deliver or mail legible copies of the doa.ments or produce things requested h) thi. .ubpoena, together with the certificate of oc:.rrpliance, to the party making thh request at the address listed above. You have the right to seek in advance the reasonablt cost of preparing the copies or producing the things sought. I f you fail to produce the cbcunents or things required by this subpoena within twenty (20) day. after its serV~ce, the party serving this subpoena may sEtek a court order CQll)e 11 Ing you to CXI1P I y with ; t. llilS st8'OeNA WAS 1SSlE> AT THE REQJEST OF lliE Fcx..LOWII+3 PERSON I tWEI ANN M. GRAB. F.SQUIRF. ADORESSI...lllJ S. NORTllERN WAY YORK, PA 17402 TELEPI-alEI 215-246-0900 Sl..REr1: CXlUlT 10 II ATTORNEY FORI DF.FENOANT ,,1 DATE I YI'\..IJJ\C'_\'\3 ,qq~ Seal of the CoUrt "*~ ~ :k. taryi' , Division Deputy (Eff. 11g7) I~XltL^N^T10N (W ItEQUIIUm ImCOIUlS 1'0: CUSTODIAN OF IlECOHDS FOil: AL\.!XANDEll SI'llINli'S IlEIIAU. 27 DROOK WOOD AVENUE CAllI.ISLE, I'A 171113 ItE: 515(13 MAllY IIUHllELL AllY Ulll! u11 records, ClIlTeSplllldCllce. fill's 1I11l1ll1ell111ntllllUII1s, hlllldwrillell Illlles, hlllllllll1lld pllymclll records, rclullnllIII Ilny cXlIlI1lnllllllll, ClIllSulll1llult, cure ur Ircullnclll. D8lesltequesled: rrllm: 1I1.III.KK III Ihe 1II'l'5l'ul. Subjecl: MAltY lIulUtm.L 10 SI'IUNG (jAlumN I~ST^TI~S. C^ltUSU~. I'^ 171113 Suc!ul Sl'curll)'lIl ICI'J......6111.' Dille ur 1111'1111 11.1lJ.1I3 5UIO.12B372 5J.563-L02 (DMlNWE1\l1l1t OF I'mIf3YLVlINlll <XXltlI'Y m' aJIolllFlUJIND HURRF.LL I 1I0RN . -VS- File No. 95-6435 KOUCH SUBPOENA TO PRCDa DOO.tENTS OR ni 1 tm FOR 01 SOOVERY ~SlJANT TO R\A..E "009. 22 TO: CUSTODIAN OF RF.CORDS FOR: HAROLD G. KRF.TZING, M.D. (Nrne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to pro6.Ace the following docunents or things: SF.F. ATTACHF.D at THF. MCS GROUP. INC.. 1601 HARKF.T STRF.F.T, SUITF. 800, PIIILADF.LPIIIA, PA 19103 (Addreaa) You may deliver or mail legible copies of the docunenta or produce things requested b~ thia atalpoena, together with the certificate of OCI11l11ance, to the party making thh r~at at the address listed above. You have the d!tlt to seek in advance tha reasonable cost of pr~aring the copies or producing the things sought. If you fal1 to produce the docunents or things r~1red by this subpoena within twenty (20) daya aft.. ita servica, the party serving this slbpoena may lIfoek a court order ~111ng you to 0CI11l1y with it. nitS SUBPOENA WAS ISSUED AT ll€ REQJEST OF ll€ FOLLONING PERSON: lWEI ANN M. GRAB, F.SQUlRF. ADDRESSr--1l0 S. NORTHF.RN WAY YORK. PA 17402 TELEPHONE I 215-246-0900 SI..R&E ~T 10 II ATTORNEY FORI DF.FF.NDANT DATE I 0'\O'/\d1....3 l..9:lB Seal of the Court Deputy (Eft. 1/97) it IT' '- to.; (, ri tU!-~ ), f' , i.,., I.&.-.., . . C;)t ., ,.., ".l ~i: I " t 1 r-." , If)} 1'. l_ ~ , ~~- ... ;_::,' l:i In d ....'