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N THE COURT OF COMMON PLEAS OF DELAWARE COUNTY
PENNSYLVANIA
COVER SHEET NOTICE OF FILING OF MOTION OR PETITION UNDER
LOCAL RULES OF CIVIL PROCEDURE
CASE CAPTION Westfield V FC Haab CIVIL CASE NO NO 14 10756
NATURE OF MATTER FILED (please check one)
El Petition Pursuant to Rule 206 l I: Response to Petition El Motion for Judgment on the
Pleadings Pursuant to Rule 1034(a)
E Motion Pursuant to Rule 208 1 [:I Response to Motion E Summary Judgment Pursuant to
Rule 1035 2
C] Family Law PetitionflVIotion Pursuant to Rule 206 8 [3 Preliminary Objections to Defendants Genesis
Healthcare Corp, Brinton Manor and Debra Mason’s Preliminary Objections to Def Alternative Transport
LLC 5 Third Fag Complaint
A motion or petition was filed in the above captioned matter on the day of February, 2011, which
X] Requires you, Respondent, to file an Answer within twenty (20) days of the above date to this
notice, or risk the entry of an Order in favor of the Petitioner Answers must be filed and time
stamped by the Office of Judicial Support by 4 30 on the following date 200
w
D Requires you, Respondent, to appear at a hearing/conference on the day of , 200 , at
in Courtroom , Delaware County Courthouse, Media, Pennsylvania At this
hearing/conference you must be prepared to present all testimony and/or argument, and must
ensure that your witnesses will be present
M
D Was timely answered, thus requiring the scheduling of the following hearing in the above
captioned matter on the day of , 200 , at 10 00 AM in Courtroom
You, Petitioner/Movant, are responsible for notifying all interested responding parties of this
hearing date at least ten (10) days prior thereto
At this hearing, all parties must be prepared to present all testimony and/or argument and must
ensure that their witnesses will be present
M
1:] Qualifies as an Uncontested Motion or Petition, and as such requires neither an answer from the
Respondent nor the scheduling of a hearing in this matter
M
E] Has been assigned to Judge
W
FOR OFFICE USE ONLY
Mailing date Processed by
8915446 1
WESTFIELD INSURANCE COMPANY COURT OF COMMON PLEAS
as subrogee of WILLIAM T BOWERS DELAWARE COUNTY
and PATRICIA K BOWERS
vs NO 14 10756
FC HAAB CO INC
ORDER
AND NOW, this day of , 2016, upon consideration of Moving
Defendant FC Haab’s Motion to Compel Discovery Responses of Plaintiff, it ishereby
ORDERED and DECREED that said Motion is GRANTED and Plaintiff shall provide
full, complete and verified answers to Defendant’s Interrogatories and Request for
Production of Documents Within ten (10) days of the date of this Order or risk the
imposition of sanctions upon further application to the Court
IT IS FURTHER ORDERED that any objections by Plaintiff to any
Interrogatory or Request for Production of Documents is hereby deemed waived
BY THE COURT
”—3?—
8915446 I
RAWLE & HENDERSON LLP Attorneys for Defendant (a
E
BY MAUREENE DALEY FC HAAB Co Inc 6%, ‘3
IDENTIFICATION NO 75000 ((90 or”
BY CHENGI TO {9‘14 6’ ‘ I;
<5“ »}a;6? 90’
V/ ‘
IDENTIFICATION NO 206183
THE WIDENER BUILDING ( ( %,
ONE SOUTH PENN SQUARE :4 6"
PHILADELPHIA PA 19107 9 g} (“a
(215) 575 4200 7;)
WESTFIELD INSURANCE COMPANY COURT OF COMMON PLEAS
as subrogee of WILLIAM T BOWERS DELAWARE COUNTY
and PATRICIA K BOWERS
vs NO 14 10756
F C HAAB CO INC
DEFENDANT S MOTION TO COMPEL RESPONSES TO INTERROGATORIES
AND REQUEST FOR PRODUCTION OF DOCUMENTS OF PLAINTIFF
Defendant F C Haab (“Moving Defendant”), by and through itsattorneys, Rawle
& Henderson LLP, hereby move this Honorable Court to enter an Order directing plaintiff
to provide complete and verified responses, Without objection, to Interrogatories and
Request for Production of Documents, within ten (10) days, or suffer such sanctions as
the Court might impose In support of this request, Moving Defendant aver the
following
1 On October 2, 2015 Moving Defendant served upon Plaintiff
Interrogatories and Request for Production A true and correct copy of the letter
enclosing same is attached as Exhibit “A ”
2 Plaintiff did not respond to Moving Defendant’s Interrogatories and
Request for Production of Documents within thirty (30) days
3 To date Plaintiff has failed to provide full and complete discovery
responses
8915446 I
4 Pursuant to Rule 4003 1 of the Pennsylvania Rules of Civil Procedure, “a
party may obtain discovery from another party regarding any matter, not privileged,
which is relevant to the subject matter involved in the pending action ” Pa R C P
4003 1
5 Defendant’s discovery requests are reasonable in scope and nature and
seek relevant information concerning Plaintiff’s alleged damages in the accident
6 Rule 4019 of the Pennsylvania Rules of Civil Procedure provides that the
Court may make an appropriate Order if a party fails to comply with discovery requests
7 A discovery Order compelling Plaintiff is necessary in this case because
Plaintiff has failed to provide answers to reasonable and appropriate discovery
8 Plaintiff’s failure to provide responses to Moving Defendant’s
Interrogatories and Request for Production of Documents has hindered their ability to
prepare its defense
WHEREFORE Defendant respectfully requests that this Honorable Court grant
its Motion to Compel Plaintiff to provide complete and verified responses, without
objection, to Moving Defendant’s Interrogatories and Request for Production of
Documents
RAWLE & HENDERSON LLP
{$5127
BY
ChengI To
Attorney for Defendant
DATED December 29 2015
8915446 1
RAWLE & HENDERSON LLP Attorneys for Defendant
BY MAUREEN E DALEY F C HAAB Co Inc
IDENTIFICATION NO 75000
BY CHENG I TO
IDENTIFICATION NO 206183
THE WIDENER BUILDING
ONE SOUTH PENN SQUARE
PHILADELPHIA PA 19107
(215) 575 4200
WESTFIELD INSURANCE COMPANY COURT OF COMMON PLEAS
as subrogee of WILLIAM T BOWERS DELAWARE COUNTY
and PATRICIA K BOWERS
vs NO 14 10756
FC HAAB CO INC
DEFENDANT S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO
COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS OF PLAINTIFF
Defendant F C Haab (“Moving Defendant”), by and through itsattorneys, Rawle
& Henderson LLP, hereby move this Honorable Court to enter an Order directing plaintiff
to provide complete and verified responses, without objection, to Interrogatories and
Request for Production of Documents, within ten (10) days or suffer such sanctions as
the Court might impose In support of this request, Moving Defendant file the instant
Memorandum of Law
I ISSUE BEFORE THE COURT
Defendant’s Motion to Compel Plaintiff’s responses to discovery
II QUESTIONS PRESENTED
Should the Court enter the attached Order compelling Plaintiff to provide
complete and verified responses to discovery without objection?
Suggested Answer Yes
8915446 1
III FACTS
On October 2, 2015, Moving Defendant served upon Plaintiff Interrogatories and
Request for Production A true and correct copy of the letter enclosing same is attached
as Exhibit “A” Plaintiff did not respond to Moving Defendant’s Interrogatories and
Request for Production of Documents within thirty (30) days To date, Plaintiff has
failed to provide full and complete discovery responses
IV LEGAL ARGUMENT
Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4006 (a)(2) and Rule
4009, Plaintiffs answers and objections if any, were due on or before November 2,
2015 Pennsylvania Rule of Civil Procedure 4019 authorizes the filing of a Motion to
Compel responses to discovery requests It is within the discretion of this Court to
determine that Plaintiff has waived all objections to the aforementioned Interrogatories
and Request for Production of Documents by failing to respond within thirty (30) days
pursuant to Pa R C P 4019(a)(2); See fig), McGovern v Hospital Service Association,
785 A 2d 1012 (Pa Super 2001)‘ Nissley v Pennsylvania Railroad Company 435 Pa
503 510 259 A 2d 451 455 (1969) Mountain View Condominium Owners Assn v
Mountain View Associates 9 D & C 4th 81 83 (Pa Com P1 1991)‘ Lane v Hartford
Acc and Indem Co 6 D & C 4th 537 540 44 (Pa Corn P1 1990) Plaintiffs failure
to comply with routine requests for discovery has unfairly prejudiced defendant’s ability
to fully investigate and evaluate this claim
V RELIEF REQUESTED
WHEREFORE, Moving Defendant hereby moves for an Order under
8915446 1
Pennsylvania Rule of Civil Procedure 4019 (a)(1) directing that Plaintiff must fully
answer all of Defendant’s discovery requests, without objection and within twenty (20)
days or failing same, that further Sanctions may be ordered
RAWLE & HENDERSON LLP
76%;?
By
Cheng I To, Esquire
89l5446 1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to Compel
Discovery Responses with the Court and notice sent to the following
Paul M Schofield, Jr Esquire
905 Sproul Road Suite 105
Springfield PA 19064
RAWLE & HENDERSON LLP
fig?
By
Cheng I To Esquire
Date I #7fl>//{
8915446 1
EXHIBIT A
RAWLE wNDERSQNI
gig???51_ 4,1225 The Nation 5 Oldest Law Office
Established In 1783 a: gézifaigéglgfm
cto@rawle com PHILADELPHIAPA 19107
www rawle com
TELEPHONE (215) 575 4200
FACSIMILE (215) 563 2583
October 2 2015
Paul M Schofield, Jr Esquire
905 Sproul Road Suite 105
Springfield PA 19064
Re Westfield Insurance Company as subrogee of William T Bowers and
Patricia K Bowers v FC Haab Co , Inc
Our File No 456416
Dear Mr Schofield
Please find enclosed Defendant’s Request for Production and Interrogatories Directed to
Plaintiff Kindly respond accordingly
Very truly yours,
RAWLE & HENDERSON up
By
Cheng I To, Esquire
CTO/
Enclosure
8680222 1
PHILADELPHIA PA PITTSBURGHPA HARRISBURG PA MARLTUN NJ NEWYORK NY LONGISLAND NY WILMINGTON DE WHEELlNG vvv
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N THE COURT OF COMMON PLEAS OF DELAWARE COUNTY PENNSYLVANIA COVER SHEET NOTICE OF FILING OF MOTION OR PETITION UNDER LOCAL RULES OF CIVIL PROCEDURE CASE CAPTION Westfield V FC Haab CIVIL CASE NO NO 14 10756 NATURE OF MATTER FILED (please check one) El Petition Pursuant to Rule 206 l I: Response to Petition El Motion for Judgment on the Pleadings Pursuant to Rule 1034(a) E Motion Pursuant to Rule 208 1 [:I Response to Motion E Summary Judgment Pursuant to Rule 1035 2 C] Family Law PetitionflVIotion Pursuant to Rule 206 8 [3 Preliminary Objections to Defendants Genesis Healthcare Corp, Brinton Manor and Debra Mason’s Preliminary Objections to Def Alternative Transport LLC 5 Third Fag Complaint A motion or petition was filed in the above captioned matter on the day of February, 2011, which X] Requires you, Respondent, to file an Answer within twenty (20) days of the above date to this notice, or risk the entry of an Order in favor of the Petitioner Answers must be filed and time stamped by the Office of Judicial Support by 4 30 on the following date 200 w D Requires you, Respondent, to appear at a hearing/conference on the day of , 200 , at in Courtroom , Delaware County Courthouse, Media, Pennsylvania At this hearing/conference you must be prepared to present all testimony and/or argument, and must ensure that your witnesses will be present M D Was timely answered, thus requiring the scheduling of the following hearing in the above captioned matter on the day of , 200 , at 10 00 AM in Courtroom You, Petitioner/Movant, are responsible for notifying all interested responding parties of this hearing date at least ten (10) days prior thereto At this hearing, all parties must be prepared to present all testimony and/or argument and must ensure that their witnesses will be present M 1:] Qualifies as an Uncontested Motion or Petition, and as such requires neither an answer from the Respondent nor the scheduling of a hearing in this matter M E] Has been assigned to Judge W FOR OFFICE USE ONLY Mailing date Processed by 8915446 1 WESTFIELD INSURANCE COMPANY COURT OF COMMON PLEAS as subrogee of WILLIAM T BOWERS DELAWARE COUNTY and PATRICIA K BOWERS vs NO 14 10756 FC HAAB CO INC ORDER AND NOW, this day of , 2016, upon consideration of Moving Defendant FC Haab’s Motion to Compel Discovery Responses of Plaintiff, it ishereby ORDERED and DECREED that said Motion is GRANTED and Plaintiff shall provide full, complete and verified answers to Defendant’s Interrogatories and Request for Production of Documents Within ten (10) days of the date of this Order or risk the imposition of sanctions upon further application to the Court IT IS FURTHER ORDERED that any objections by Plaintiff to any Interrogatory or Request for Production of Documents is hereby deemed waived BY THE COURT ”—3?— 8915446 I RAWLE & HENDERSON LLP Attorneys for Defendant (a E BY MAUREENE DALEY FC HAAB Co Inc 6%, ‘3 IDENTIFICATION NO 75000 ((90 or” BY CHENGI TO {9‘14 6’ ‘ I; <5“ »}a;6? 90’ V/ ‘ IDENTIFICATION NO 206183 THE WIDENER BUILDING ( ( %, ONE SOUTH PENN SQUARE :4 6" PHILADELPHIA PA 19107 9 g} (“a (215) 575 4200 7;) WESTFIELD INSURANCE COMPANY COURT OF COMMON PLEAS as subrogee of WILLIAM T BOWERS DELAWARE COUNTY and PATRICIA K BOWERS vs NO 14 10756 F C HAAB CO INC DEFENDANT S MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS OF PLAINTIFF Defendant F C Haab (“Moving Defendant”), by and through itsattorneys, Rawle & Henderson LLP, hereby move this Honorable Court to enter an Order directing plaintiff to provide complete and verified responses, Without objection, to Interrogatories and Request for Production of Documents, within ten (10) days, or suffer such sanctions as the Court might impose In support of this request, Moving Defendant aver the following 1 On October 2, 2015 Moving Defendant served upon Plaintiff Interrogatories and Request for Production A true and correct copy of the letter enclosing same is attached as Exhibit “A ” 2 Plaintiff did not respond to Moving Defendant’s Interrogatories and Request for Production of Documents within thirty (30) days 3 To date Plaintiff has failed to provide full and complete discovery responses 8915446 I 4 Pursuant to Rule 4003 1 of the Pennsylvania Rules of Civil Procedure, “a party may obtain discovery from another party regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action ” Pa R C P 4003 1 5 Defendant’s discovery requests are reasonable in scope and nature and seek relevant information concerning Plaintiff’s alleged damages in the accident 6 Rule 4019 of the Pennsylvania Rules of Civil Procedure provides that the Court may make an appropriate Order if a party fails to comply with discovery requests 7 A discovery Order compelling Plaintiff is necessary in this case because Plaintiff has failed to provide answers to reasonable and appropriate discovery 8 Plaintiff’s failure to provide responses to Moving Defendant’s Interrogatories and Request for Production of Documents has hindered their ability to prepare its defense WHEREFORE Defendant respectfully requests that this Honorable Court grant its Motion to Compel Plaintiff to provide complete and verified responses, without objection, to Moving Defendant’s Interrogatories and Request for Production of Documents RAWLE & HENDERSON LLP {$5127 BY ChengI To Attorney for Defendant DATED December 29 2015 8915446 1 RAWLE & HENDERSON LLP Attorneys for Defendant BY MAUREEN E DALEY F C HAAB Co Inc IDENTIFICATION NO 75000 BY CHENG I TO IDENTIFICATION NO 206183 THE WIDENER BUILDING ONE SOUTH PENN SQUARE PHILADELPHIA PA 19107 (215) 575 4200 WESTFIELD INSURANCE COMPANY COURT OF COMMON PLEAS as subrogee of WILLIAM T BOWERS DELAWARE COUNTY and PATRICIA K BOWERS vs NO 14 10756 FC HAAB CO INC DEFENDANT S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS OF PLAINTIFF Defendant F C Haab (“Moving Defendant”), by and through itsattorneys, Rawle & Henderson LLP, hereby move this Honorable Court to enter an Order directing plaintiff to provide complete and verified responses, without objection, to Interrogatories and Request for Production of Documents, within ten (10) days or suffer such sanctions as the Court might impose In support of this request, Moving Defendant file the instant Memorandum of Law I ISSUE BEFORE THE COURT Defendant’s Motion to Compel Plaintiff’s responses to discovery II QUESTIONS PRESENTED Should the Court enter the attached Order compelling Plaintiff to provide complete and verified responses to discovery without objection? Suggested Answer Yes 8915446 1 III FACTS On October 2, 2015, Moving Defendant served upon Plaintiff Interrogatories and Request for Production A true and correct copy of the letter enclosing same is attached as Exhibit “A” Plaintiff did not respond to Moving Defendant’s Interrogatories and Request for Production of Documents within thirty (30) days To date, Plaintiff has failed to provide full and complete discovery responses IV LEGAL ARGUMENT Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4006 (a)(2) and Rule 4009, Plaintiffs answers and objections if any, were due on or before November 2, 2015 Pennsylvania Rule of Civil Procedure 4019 authorizes the filing of a Motion to Compel responses to discovery requests It is within the discretion of this Court to determine that Plaintiff has waived all objections to the aforementioned Interrogatories and Request for Production of Documents by failing to respond within thirty (30) days pursuant to Pa R C P 4019(a)(2); See fig), McGovern v Hospital Service Association, 785 A 2d 1012 (Pa Super 2001)‘ Nissley v Pennsylvania Railroad Company 435 Pa 503 510 259 A 2d 451 455 (1969) Mountain View Condominium Owners Assn v Mountain View Associates 9 D & C 4th 81 83 (Pa Com P1 1991)‘ Lane v Hartford Acc and Indem Co 6 D & C 4th 537 540 44 (Pa Corn P1 1990) Plaintiffs failure to comply with routine requests for discovery has unfairly prejudiced defendant’s ability to fully investigate and evaluate this claim V RELIEF REQUESTED WHEREFORE, Moving Defendant hereby moves for an Order under 8915446 1 Pennsylvania Rule of Civil Procedure 4019 (a)(1) directing that Plaintiff must fully answer all of Defendant’s discovery requests, without objection and within twenty (20) days or failing same, that further Sanctions may be ordered RAWLE & HENDERSON LLP 76%;? By Cheng I To, Esquire 89l5446 1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Compel Discovery Responses with the Court and notice sent to the following Paul M Schofield, Jr Esquire 905 Sproul Road Suite 105 Springfield PA 19064 RAWLE & HENDERSON LLP fig? By Cheng I To Esquire Date I #7fl>//{ 8915446 1 EXHIBIT A RAWLE wNDERSQNI gig???51_ 4,1225 The Nation 5 Oldest Law Office Established In 1783 a: gézifaigéglgfm cto@rawle com PHILADELPHIAPA 19107 www rawle com TELEPHONE (215) 575 4200 FACSIMILE (215) 563 2583 October 2 2015 Paul M Schofield, Jr Esquire 905 Sproul Road Suite 105 Springfield PA 19064 Re Westfield Insurance Company as subrogee of William T Bowers and Patricia K Bowers v FC Haab Co , Inc Our File No 456416 Dear Mr Schofield Please find enclosed Defendant’s Request for Production and Interrogatories Directed to Plaintiff Kindly respond accordingly Very truly yours, RAWLE & HENDERSON up By Cheng I To, Esquire CTO/ Enclosure 8680222 1 PHILADELPHIA PA PITTSBURGHPA HARRISBURG PA MARLTUN NJ NEWYORK NY LONGISLAND NY WILMINGTON DE WHEELlNG vvv