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HomeMy WebLinkAbout96-01020 I ~ ) ! ~ '\ "'~.,- .... -oc,'-..... ~ 3 ~c~ ..... Qooi .1 ~! r i I /~, ;.(1.><(.)' ~~ [~,_ ~ t~.~J. l.. ~ LL;.-.....'.......t..L'...(... L .:.:.(~....,"" LJ -~ ii/Y' DAVID M. STATON, plainti if rN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CHERYLE B. DUSINBERRE, Defendant crVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT - SET NO. ~NE Cheryle B. Dusinberre 203 Hill Top Road Boiling Springs, PA 17007 PLEASE TAKE NOTICE Tt~T PURSUANT TO Pa. R.C.P. 4009, ,__ are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. The contents of any investigation file or files and any other documentary material in your possession or control which support or relate to the allegations contained in the Plaintiff's Complaint or the allegations contained in the Defendant's Answer and New Matter (excluding any documents or portions thereof found in such file whose production would disclose the mental impressions of Defendant's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories or would require disclosure of the mental impressions, conclusions or opinions respecting the value or merit of Plaintiff's claim or its defense or respecting strategy or tactics of a representative of the Defendant other than Defendant's attorney) . 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any t y~' it-HI ~-" 't- n"tt)TU\' .",. "iHOllE~8ER(;ER '.. I i:-,(,II'''')' \\'''' !t">\.l' . 1") I'" ,'( Ih".f; . H.-\lllH-...J\lI'(, I', 171',..- "01', i'!:\~;-t;;-Y. ~\.\17i:l:q~:I~ statements from the parties herein, or their respective agents, servants or employees. ]. All photographs taken or diagrams prepat'ed of the scene of the accident or any instrumentality lnvolved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. The face sheet and policy of insurance that covered the Defendant on the date of the incident against the type of risk or loss involved in this case. 6. Any medical reports, records, notes or other memoranda concerning the Plaintiff's physical or emotional conditions. 7. Any repalr bills or estimates of damage for the vehicle the Defendant was operating at the time of this accident. 8. All accident reports prepared DY the Plaintiff or on the Plalntiff's behalf pertaining to the accident alleged in the Complaint. 9. All accident reports prepared by the Defendant or on the Defendant's behalf pertaining to the accident alleged in the Complaint. 10. All resumes or curriculum vitae of each and every technician or expert whom you intend to call as a witness during the trial of this case. 11. All exhibits which you intend to introduce at the trial of this action. I .1 II 1 I! Ii I, iI II I, il !..-\WtHlt f"','~ TIMOTHY 1\. <;HlJLlENBEftl;ER i':,' II~;I oi.:;' fi '\l,'''J fh 'A.l' . 1'\ I II,( ,_, l'1i..'~4) . II.\RIU.,1ll R'; J' \ I ,"l,'" ,~~,-; 1;17) ~\4,\7,\~ . H\ i,"I:1 ~14"'~1~ 12. A list of aLL witn,;,sses, both lay and expert, which you intend to call at the time of trial. LAW Or-FreES OF TrMOTHY A. SHOLLENBERGER Attorneys for Plaintiff -----~. Esq. Data: 2/22/96 l. \W '. 'HilI:'" l 'F T1MonlV i\. 'iI-IOLLE~8ERl;ER !<,'u~.l.u:"l"'\\-'lh'_-\{1 . l'\llll..''''~~,,~. H.-\IH~I"I\IR\; l'-\l;I~...~'~~i ,;1;) ~\.. \;,,\: . HX ,71;1 ~l" '<1~ . . II [I il II AJI'I'IDA. VIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN David Staton , being duly sworn according to law deposes and says that he is the Plaintiff in the foregoing action; that the facts and allegations contained herein are based upon facts given by the Plaintiff to his counsel and are true and correct to the best of his knowledge, information and belief; that the language of said Complaint is that of his has relied'upon counsel in counsel and that he Complaint his information. making this based upon ~d; / v)J:z; C Sworn to and subscribed before me, L a No!/ary Public, this &~day of C-,j~0r1tO.:J', 19-11-, /~. , - ,~ '-NOr_SEAL REBECCA a. RU8lIATCIt. NOTARY PIAlUC HARRll!llUllo' 0AUPIfN COUNTY MY COMMI881ON EXPIRES JUNE 2S, 111I8 II II t.\'J.' l'Hll:f'"lI'~ TIMOTHY A. SllllLLENIIFRtiFR l,~.:l: I.l:-;l il b T\ ,WN H~-'^[l . Pd Jl,l.lX t>t1).f\ . tl.4,HRI';IlL:HI i, Po" 1711,)6 JH\ (ill! H4 lil": . F:'.X 171?) n41CI! Wllllamsgrove Road. She then pulled out from the stop sign and thereafter a collision occurred between Plaintiff's vehicle and her vehicle. 7(aHgl. Defendant. Cheryle B. Duslnberre, admits that she Is In whOle or In part responsible for the happening of this accident. BlaHfl. Denied pursuant to pa. R. Clv. P. 10291el. 9. Denied pursuant to Pa. R. Clv. P. 1029(el. 10. Denied pursuant to pa. R. Clv. P. 1029(el. 11. Denied pursuant to Pa. R. Clv. P. 1029(el. 12. Denied pursuant to Pa. R. Clv. P. 1029(el. 13. Denied pursuant to Pa. R. Clv. P. 1029(el. 14. Denied pursuant to Pa. R. Clv. P. 1029(el. WHEREFORE, Defendant, chery Ie B. Duslnberre, respectfully requests thatJudgment be entered In her favor and against the Plaintiff. NEW MATTER 15. Defendant, Chery Ie B. Duslnberre, Incorporates herein by reference, as If fUlly set forth at length, paragraphs 1-14 of Plaintiff's Complaint. 16. Plaintiff's claims may be barred by provisions of the Motor Vehicle Financial Responsibility Act. which are pleaded by reference and Incorporated herein as If fUllY set forth at length. 17. Plaintiff's claims may be barred or limited by his selection of the limited tort option. 18. Plaintiff may have failed to mitigate his damages. -2- DAVID M. STATON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-1020 civil Term CHERYLE B. DUSINBERRE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW comes the Plaintiff, David M. Staton, by and through his attorneys, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and does respectfully respond to Defendant's New Matter as follows: 15. Denied. By way of answer, Plaintiff incorporates by reference paragraphs 1-14 of his Complaint. 16. Denied. Plaintiff, after reasonable investigation is without knowledge or information sufficient to form a belief as to the truth of the averments, and therefore, said averments are denied and strict proof thereof demanded at the time of trial. 17. Denied. At the time of the collision giving rise to this claim, Plaintiff., David M. Staton was covered by the "Full Tort" Option. 18. Denied. On the contrary, any damages, losses or injuries sustained by r:he plaintiff "ere co.uced in ',!"ole 01:' in part by the negligence of the Defendant, Cheryle B. Dusinberre, and plaintiff did not fail to mitigate damages. By way of further answer, Plaintiff incorporates by reference of Paragraphs 9-14 of Plaintiff's Complaint. 19-21. Paragraphs 19 through 21 of Defendant's New Matter are conclusions of law and to that extent do not require an answer. To the extent an answer is required, Plaintiff, after reasonable investigation is without l...\l 'Hlt~.. \'f f1Muni'W' 1\. "ithlllENOERGEH I ~:: I J'., .11" [, ,\\ ". ~\ '_\11 . 1'\) 1\1, 1\ ",'q, . 11.",""1"1'1 'Ill i, 1'-\ I :[,'r- ,'q~ lil:l 214 l;~\' . H.... 1:1 it : 14 "':1: DAVID M. STATON, Plaintiff IN THE COURT O~ COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-1020 Civil Term CHERYLE E. DUSINBERRE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this '}.tt. day of May, 19%, I hereby certify that I have served the following Answers to Interrogatories and Requ~9t far production of Doc~~ents on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Stephen E. Geduldig, Esq. Thomas Thomas & Hafer 305 N. ~ront Street P. O. Box 999 Harrisburg, Pa. 17108-0999 Respectfully submitted, LAW SHOLLENBERGER By: Dated: May~, 1996 l. \\~i , \~flt f"; ,to nMOTHY A. SHllll.EN8ERLER 1 <,' I 1'-\ 'u... r. 'I.\.~. Ih '-\LI . P, I I'" -" ,.,'~"~ . 1i.-\/{I'I"ll1 IH t, 1'-\ 1 :1,'" '.'~"'i l:I:1 ~l" I:;.~: . H,'\ (71:1 ~\.. ~~I~ DAVro M. STATON, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-1020 Civil Term CHERYLE B. DUSINBERRE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED St1Dulat1on to Amend Comola1nt 1. The Parties to this action hereby stipulate and agree that Paragraph 8 of Plaintiff's Complaint shall be aMended to read: 8. As a result of the aforesaid collision, the Plaintiff, David M. Staton, has suffered serious and permanent injuries, including, but not limited to the following: (a) Severe sprain and stain of the muscles, tendons, ligaments, and other soft tissues at or about the lumbar spine; (b) annular bulging at L5-S1; (c) Herniated disc at L:5-S1 disk level; (d) concussion; (e) Various contusions and abrasions; (f) Severe shock to the nerves and nervous system; and, (g) Mental and physical anguish. 2. It is the intention of the parties that the Stipulation be filed of record. 3. The parties hereby agree that the plaintiff need not file an amended Complaint; and that all averments of paragraphs 8(a)-(g) are deemed denied by Defendant, so that Defendant need not file an Amended Answer. I."" HI< ,,,' r1MllfH't' A. "HUllE~HERlifK li'.'oIi.-.,~.'l'.Il;''"'I' . 1'" (i.I""'i'i4'. . H:\fll~j~!\l jll. 1'\ l..i....,";4~ l'l;l;ql::\' . ~\\I:I"\~\"".:I~ .. . , ( t.:, . i' ~'" , . " , , (.~ (: , '. L. ).. f .IJ L 1- " ..'~ L , , '- . , to ..... ffi '" '" to ~ ~ '" > ....... ...>> "" ~ ~ ~ ~ '" '" " '" .. " '" ~ 0" .. .. B'" .... ... " ~o~~~ "" .... ... '" 0 .. Q :J .. ..... .. ...., w " U >> "'''0 .. ~ '" ... i3i ~ ~ . .. ...l '" . " " .. '" .. .... '" ~ '" .. ..... .... 0 ..... l< 'I o " I 0'" '" .. ... 0. 0 .. ..'" > " I=> .. e ..u "'I=> to I=> .. 0 ~~ ... 00 .. ..... U ,,'" N.... ..... '" . " (3 ~ 0" to '" 0. ..... U .... . .... ..... 1< ... r. .. .. ~ .. ... '" Eo< .... '" '" .. "'..... '" >> ...., .... >0 ..... ... e . > ... > .. = ::I 0..-4 " to '" MUZU ~ I=> U - , Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96.1020 : CIVIL ACTION. LAW DAVID M. STATON, v. CHERYLE B. DUSINBERRE, Defendant STIPULATION TO AMEND COMPLAINT 1, The Parties to this action hereby Stipulate and Agree that paragraph B of the Plaintiff's complaint shall be amended to read: B. As a result of the aforesaid collision, the Plaintiff, David M. staton, has suffered serious and permanent InJuries, Including, but not limited to the fOllOwing: lal severe sprain and strain of the muscles, tendons, ligaments, and other soft tissues at or about the lumbar spine; (bl Annular bulging at LS-S1; (cl Herniated disc at LS-S1; ldl sacroiliac Joint dysfunction on the left side; leI Disc desiccation at LS'S1; (f) Right paracentral disc protrusion at L4-5; (g) concussion; lhl Various contusions and abrasions; III Severe shock to the nerves and nervous system; and 01 Mental and physical anguish. 2. It Is the Intention of the parties that the stipulation be flied of record. Certificate of Service I, Timothy A. Shollenberger, Esq. do hereby certify that I have served a copy of the within Praecipe for Discontinuance by depositing a true copy in the United States Mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer P. O. Box 999 Harrisburg, PA 17108-0999 Date: June~, 1997 l."\\'llFHL'bl)~ lIMun." A. SUULlENBERliER 1~:~'IISl;ll"T\,\\'~."ll-\11 . /'1.1 l\llXr>o..'Hi . II:\RI(I~III'li.lj, 1'.-\ Ijl~'f\\~'iH ,71 il : \.. 17~\.' . F,-\X t11 iI ! I.. -on.!