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Home My WebLink About96-03025 ~ ~) . "" \.. -t ::c' I' " , , . , , , , 'I" II, " , " ~I , " ! I ~ ,( , ! i " ....- ~ z o Q " , , , " I' I ... o , " I I ,I I~ ":,'; It.~ I '..::l :!' /1'1" ' I'i , J :'\ J ,i'! I , ''{ ! 'I; I " "",,, ' , , \ , , , , '.J, " I 'I " , , , , " " ,. 'I,t ~ J " " , , , l{) n ~ I I j , , , " ",1 " :,\ I ..!3 CJ "i "t . answers be immediately submitted in ordlilr to avoid litigating a motion to compel, (Bxhibit "8') . 3, 8y letter dated May 14, 1997, Plaintiff's attorney confinned receipt of the interrogatories and the aforementioned 5.12.97 letter and indicated that full and complete answers to the interrogatories would be provided by May 23, (Exhibit "C"). 4, To date, no answers nor objections have been filed to Defendant's Supplemental Interrogatories, 5. No additional extensiooE of time have been sought by Plaintiff nor granted by Defendant. 6. Well in excess of the thirty (30) daYB required under the Pennsylvania Rules of Civil Procedure for the making ot discovery has now elapsed justifying this Motion to Compel Discovery, 7, The matters addressed in Defendant's Supplemental Interrogatories are highly relev?nt to the issues raised by Plaintiff by her lawsuit and, as such, Defendant is entitled to have the interrogatories fully and completely answered, WHBRBFORE, Defendant, Ronald Duane Hetrick, respect tully requests that your Honorable Court enter an Order compelling Plaintiff to fully and completely answer his Supplemental Interrogatories or, upon further motion ot .2. ,. Deflilndant, sutter judgment ngn ~ or such other sanction as the Court deems appropriate at that time. Respectfully submitted, Dated I b,/2~);7 BYI MI HAEL M, BADOWSKI Attorney tor Detendant, RONALD DUAKI ..TRICK " , , , . 3 . I I , I """""'.' (~~ ') 'I \1 I " iilt'j" I" I,' /1.\ " i , t " ~ ''I i(l ;'\' ! I "I' ';'''1' ,. I\~ 1,1,1,.' ,',I I':, , .! ',':'1 ! I I. ," ". " " '-I' 1 Ii ~_l "/ ',- 'hj! ~'r'\ l('~,' "J""';"r,i,~_.;'d''''I'I.!,''~''' . " , ~", 'J "1' " " , : l, I ~, ; l~ ExIIIbIt A ")'111 , ......-- - _. ~ .---...~ 'generalized summary ot the subject matte~ of the contents of the document, and its present location; and (2) ~tate each person who prepared it, ~ach person for whom it was prepared, the address of each person to whom it was sent, the address of each person who presently has custcdy ,:t. the arlginal or caples t.her'~of. Id) "Identity" ~r "ldent:ty" 'lIhell ::eterring' to d "clalmlt Jr "acc:.onll 1~1eans oJ set 'Jrth ::he name ut t'.he '.~ourt where the case, claim or ,J,ctioll 'lias tiled. the docket number, the year and date when the action was ~ommenced, the names of all claimants (including YOUI, the names of all parties against whom a claim was asserted, the date ,C)r dates of the transaction or occurrences which gave rise to the claim, a description of injuries and damages claimed to have accrued. the identity of ivsurance carrier tor the persons or entities agalnst whom all =lalms or suits were asserted, the outccme ot the claim or suit, the amount recoverect, from whom, and if no recovery was realized, why not. (el 'Documents" include any written, recorded or graphic matter however produced or reproduced including but not limited to correspondence, telegrams, other written communications, contracts, agreements, notes, reports, records, x-rays, memoranda, photographs, tape recordings or any other writings. including copies sf ,~ny of the foregoing now or at any , 3 . CERTIFICATE OF ~E~VICE 'Ii , " " I HEREBY CERTIFY that r eer/ed a true and co~rect copy of thefo~egoing document on all counse~ of ~eco~d by placing the , " same in the United States mail at Ha~~isbu~g, ~ennsylvania, via fax, on the ,-' './1,- day of. ,(I. ~ 'M i__ I , 1997, as follows: " " i.o I ~'I VIA FAX -- [717] 249-2411 3ennnifer ::, De~tcr.man, Ssqt:lre McGRAW, HALT '< ;]E::-'2HMAN 4 Liberty Avenue Ca~lisle, ~ennsylvan1a 17013 (Counsel for ~la1ntiff) ,REYNOLDS & HAVAS A PrOfessional Corpo~ation , )) By:, ,/ l(t;I~C~ '--7''ll,' /lttf.lC' Nancy M. ams, Secreta~y ," I, """_""1"1" ......1'.'" I"" "1.",.1) @ r; . il',t" t;:~I:\\:\ II/Kili dll' . !,~- , ~ I ~ t ,~h1 , @l'i '~ 'III;;' " 't I' , " '(~ ' llr' ;:11, Jt/ ,I' ~c ,,\ Nil" I!;(' , 111 . '~:j I ~~I .I( , , , , ')I:t ~ ~I!ii ./ F,i \\'::, {i',: ' ~', I!; '.\I"i.. '-"! ,I'!.~' , I"~ " II' . \,.'f 'il.'" I:. 1,1,. I, if , I , ' :';'1 "', j:j +,\t. fl,~ '''1 \1,:;-.'__ i', ~IT ,\ ,I,' ',I, , , " , !" 'I ,'-'" .,Ii-,';'ll':',I~')"'IH'" "I." o-~\H'"",'I '1 . . I. , fir' ; r /I "\ ' ,.11 IbhIbIIB " I , I IIiI.".'..";\" ..",..,. 11111 1It~".HII (i) ," ri/; '\,~n ' 'Ii; "~ll 1tj~ , ,j, ,~iH '~"'1 /I; "Ii '}~', I',' ~~ ,:\ ; l\y' 1"; r'), fj :,'i~, ):," , \',.,' ,( Ii' ~ 1:,1\ ,,\,'~f I'" \ I' " I " ',', \ \'1 'iT I , ~! ,:' , I " I " " '" :"': " , ' ;,' 'i ,I " " ., I I , I, ".\V' ';'!".,.," ., ,-,"t' "'."~Ijd'''''~\ '..,_;;.\....I....~hj,h'~'!/IMNW1liooo1_,_._..-, "",. , Exhibit C .. . ,( , , .... 'I 'I' , " , .... <:1 (,~ a; c j" r'O'). " .. 1~(1 .:1 , , 'J- -" '.. p_I,' ..c. " ," ~5i; ~ ~\, Cl " (oj Y I / d;; .I1,I,J " :.j ! ,~( l,. , r' .', ::~ y, r- " Q ,,", () " " '. ) " , , " ,/ " , , ", Defendant, crossed the double yellow line in the center of the roadway and struck Plaintitrs vehicle's front and driver's side, 5, Plaintiff allempted to avoid a collision, but was unable to completely avoid the collision and upon impact by Detendant's vehicle, Plaintill's car was spun around and ultimately came to a rest oil" the roadway, on the west side of the road, 6, Defendant admilled at the scene of the accident that he was looking down changing the radio statiQn when he drifted over into Plaintitrs lane oftravd, 7, Defendant operated the motor vehicle in a reckless, negligent and careless manner, causing the automobile to collide with Plaintill"s vehicle, The particular acts of negligence of Defendant are set forth below, 8, As a result of the collision, Plaintiff suffered severe and serious injuries and damages as are hereinafter set forth, 9, The injuries and damages hereinafter set forth were caused solely by and were the direct and proximate result of the negligence of the Defendant, in any or all of the following respects: a) In Defendant's failure to have the vehicle under proper control; b) In failing to keep alert and maintain a sharp lookout of the road and the surrounding traffic conditions; c) In failing to properly assure a clear distance ahead while operating his vehicle; d) In continuing to operate the vehicle in a forward direction when the defendant saw or in the exercise of reasonable diligence should have seen that further operation in that direction would result in a collision; e) In failing to operate the brakes in such a manner so that the vehicle could be stopped in time to avoid the collision; g} In violating the various statutes and mwlicipal ordinances pertaining to the operation of motor vehicles on public thoroughfares under the circumstances; 8. Solely as a result of the negligence of the Defendant as aforesaid, Plaintiff sustained the following injuries, all of which are or may be of a serious and pennanent nature, including, but not limited to: cervical/upper thoracic strain and sprain; bilateral knee contusions: ankle sprain; and post-traumatic depression, 10. As a result of the aforesaid injuries, PlaintitThas sustained the following damages: a) PlaintitT has been or will be required to receive and undergo medical attention and care and to incur various expenses for treatment of her injuries; b) PlaintitThas suffered and will sutTer great pain, sutTering, inconvenience. embarrassment, and emotional distress and mental anguish; c) PlaintitThas been and will be required to expend large sums of money for surgical and medical attention hospitalization, medical supplies, surgical appliances, medicines and attendant services; d) Plaintiffs earning capacity has been reduced; , ~ : e) Plaintiff's general health. strength and vitality has heen'impaired, WHEREFORE. Plaintiff, Irene O'Donnell respectfully requests that an award be entered in her favor against defendant, Ronald Duane Hetrick, for damages ill excess of $25,000,00, Respectfully submitted, McGRA W, HAlT & DElTCHMAN ijy: , 7- ifer C. Deitchman a, J.D, # 72779 4 Liberty A venue Carlisle, PA 17013 (717) 249-4500 --._, ---......... / " Date: 5/24/96 , ' , " , , " AFFIDAVIT I verify that avennents contained in the foregoing are true and correct to the best of my knowledge. infonnation, and belief, I acknowledge that any false statements herein are made subject to the penalties of 18 Pa, C,S,A, Section 4904 relating to unsworn falsification to authorities, Date: _')-;J.1/-1b \Q~ ~'lCJ ~ _ n qfJ Irene O'Donnell I I' , I .'\ , , " , ~, t , .of 11.. " [' ~ (,.) ~.l. ~ ~ ~ I 'I' C" 0J I.., g ((j ~ \() f, ..,. ~ <l " 0" ," f; I3f " ,'7 l.' 11 -':' j c:4 " " , '. " ", ". " ,. .. . RIYNOL~S . KAVAS A Profellional Corporation Sy. MICHAlL M. aADOWSItJ. ISQUIRI Pa, Supr..e Court I,D. Mo. 32'4' 101 Pine Strnt 'Olt Offioe lox 932 Harrilburg, .ennlylvania 17101'0932 Telephone. 'ax, 17171 23"3200 17171 23d,'U3 Attorney for Defendant, ROMALD DUAIIIl HlTalClt IRENE O'DONNELL, Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA, CIVIL ACTION -- LAW DOCKET NO. 96-3025 JURY TRIAL DEMANDED VS, RONALD DUANE HETRICK, Defendant. PRAIICIPB TO IDl"1'BR APPBARANCB TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant. RONALD DUAHI: BBTRICJt, in the above-captioned matter, i J " ',I 7!i~6 .') I Date: By: , >'1'. ~ ' , ',~ 'I't RIYWOLDS . HAVAS A '~ofee.ion.l Corpo~.t10n Iy' IIICHAlL II, IADOIfSXI, ISQUIRI 'e, Sup~... Court I,D. Xo, 321.1 101 '1ne Stnet 'o.t Off1ce lox '32 H.~~1.bu~g, .enn.ylv.nie 17108-0932 Telephone, 17171 231,3200 Pax, (7171 231,6163 Attorney fo~ Defendant, RONALD DUAHI a.TRICK IRENE O'DONNELL, Plaint.iff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION .. LAW DOCKET NO. 96.3025 VS, RONALD DUANE HETRICK, Defendant. JURY TRIAL DEMANDED D..DDAN'l" S ANSDa AND Nn IlATT.a TO PLAINTI..' S COMPLAINT 1. Denied, After reasonable investigation, Defendant, Ronald Duane Hetrick ("Defendant"), io without knowledge or info~tion sufficient to form a belief as to the truth of the .1 averments of this paragraph of the Plaintiff's Complaint and, therefore, said averments are denied. 2 , Admi tted, 3, It is admitted that on December 22, 1994, an automobile collision occurred along Mount Sera Road, T544, Dickinson Township, Cumberland County, Pennsylvania, between a vehicle driven by the Defendant and a vehicle driven by a person identified as Irene O'Donnell, 4. Denied as stated. By way of further answer, on or about December 22, 1994, at approximately 3:40 in the afternoon, Defendant was traveling northbound on Mount Sera Road when the vehicle which he was operating impacted with the vehicle purportedly being driven by Plaintiff who was then traveling south along the roadway. 5. Admitted in part and denied in part, It is admitted that following the impact, Plaintiff's car came to rest along' the west side portion of Mount Sera Road, As to the averments that Plaintiff attempted to avoid this vehicular collision, said averments are denied. 6. Denied as stated, By way of further answer, it is admitted that Defendant presumed, at the time of the accident, that a portion of his vehicle had drifted across the center line and that he so advi,sed the investigating police officer, By way of further answer, following impact, Defendant's vehicle was entirely within the northbound lane of Mount Sera Road, 7, Denied, The averments of this paragraph of the Plaintiff's Complaint recite legal conclusions to which no response is required, 8. Denied. The averments of this paragraph of the Plaintiff's Complaint reter to claims of damages after reasonable investigation of which, Defendant is without knowledge or information sufficient to form a belief as to their truth and, therefore, said averments are denied. 9. (a)- (g) Denied. The averments of this paragraph and subparagraphs of Plaintiff's Complaint recite legal conclusions to which no response is required. 8, (sic) Denied. The averments of this paragraph ot Plaintiff's Complaint recite legal conclusions to which no - 2 - , response is required, The remaining ave~ents of this paragraph of the Plaintiff's Complaint refer to damages after reasonable investigation ot which, Defendant is without knowledge or information sufficient to fOlm a belief as to their truth and, theretore, said ave~ents are denied. 10, (a) . (e) Denied, The ave~ents ot this paragraph and subparagraphs of Plaintiff's Complaint refer to damages after reasonable inveAtigation of which, Defendant is without knowledge or information sufficient to fo~ a belief as to their truth and, therefore, said ave~ents are denied, WHEREFORE, Defendant, Ronald Duane Hetrick, demands judgment in his favor and against Plaintiff. HJW MATTBa 11, To the extent currently applicable, or to the extent that it may later prove to be applicable, Defendant hereby pleads the statute of limitations to preserve this affirmative defense for the record, 12, Plaintiff was either solely responsible for the accident or was contributorily negligent, 13, Mount Sera Road, at the location of the subject accident, is a narrow, rural roadway. 14, The single yellow dividing line of Mount Sera Road, at the location of the subject accident, was and is faded and barely visible. . 3 - " , , :. -. ,,' r't': ~ fZ. .;1 " .- " ." ~ (,: , u.'''' !:~ <.)j ":I.~ .,....J r .'.. , . '- I"~ .:/) l,J ~ "" , , : :-; fi" .- <11 t ,',C... , ,.!, '" .' , (... ~') :'t \ \.). ",() C'> U u' " ", ".) " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA IRENE O'OONNELL. Plaintiff : CIVIL ACTION. LAW : NO: 96.3025 vs, RONALD DUANE HETRICK. Def~ndnnts : JURY TRIAl. DEMAI'mEO ';1 , ANSWER TO NEW MATTER 11. Denied as a conclusion of law per Pa.R,C,P, Rule I029(d), 12, Denied as a conclusion oflaw per Pa.R,C.P, Rule I029(d), I I 13, Admitted, 14, Admitted in part; denied in part, It is admitted that the single yellow dividing line of Mount Sera Road, at the location of the subject collision, is faded and barely visible. ,. . , i I , . , , After reasonable investigation, Plaintiff is without knowledgl!', or information sufficient to form a belief as to whether said dividing line was faded and barely visible at the time of the collision. 15, Admitted. 16, Denied, It is specifically denied that at the time and location of the collision. the Defendant was traveling at a slow rate of speed, Rather, defendant was traveling too fast for road conditions and to maintain his vehicle in his lane of travel while rounding the curve in the road. , \ " 17. Denied as stated, It is specifically denied that following impact, Defendant's vehicle was entirely within the northbound lane of Mount Sera Road. Rather, Defendant's ," 'I i, I'l /,,1 /,;,: :.fll I;,l I,'" i' i1.'1 1'1 II',' r-' \ vehicle came to a rest In the middle of the roadway, In the altemative. any movement into the northbound lane was as a result of Defendant's driving the car into that lane. 18. Denied as II conclusion of law per Pa,R.C,P. Rule I029(d), " , ;-" I 1 " Respectfully submitted, MeGRA W, HAlT & DElTCHMAN :,'1 ,",I , , ,'i,t' L,1 " By: _ -,--, u~t/ ' Ifer C. Deitehman Pa, 1.0, # 72779 4 Liberty A venue Carlisle, PA 17013 (717) 249.4500 Date: 7/18/96 ! ' ,i' \'1 1,1'1 j!' { , , " , ;. (' 'I q" " . AFFIDAVIT I verify that the Infonnation In the foregoing Answer to New Matter is true and correct to the best of my knowledge, infomJatioll, and belief, I acknowledge that any false statements herein are made subject to the penalties of 18 Pa, C,S,A, Section 4904 relating to unsworn falsification to authorities, Date: 1-;J.~,- 'ji(", \..QA t...... Q (1' A 9Ok.Q rJ7 Irene O'Donnell " , " " " , " I,j , .1 , , , , , " , , ~'l ~~ '.':" '" r-,. i '('...' i> '. J .,~.. LJ,I', ( "-: ,") ~ \, .- .,. C' ;',1.. " '"J: , ":.j, ")1 ',~ "1' ,,::> :;,'1 i' fI ~ , c;q ::.~ , ,. , __J, _,I ,ri] , Liw ;....J ~ f.l., ( -J ') , , I,',. v") (...' 0') f..) " " '. 'I " " " I, JENNIFER C. DEITCHMAN. hereby certify that this!-/~-iI day Of;!(I997. I served a copy of the foregoing Plaintitl's Answers 10 Defendant's Interrosatorles upon the following Individual(s) or enlity(ies) by hand-delivery: Michael M, Badowski REYNOLDS & HAVAS P.Q, Box 932 Harrisburg, PA 17108-0932 , , " ' ., F:IJ:n-Oi~:C/: C:; i: ':' ',.. ': 'i'f,;l'I '11.)1.11, I~, I i I 1,:19 CU:\', I';t.)\!'~, I. ,:.!\;'.Y ", , , , ' Id " !, , 1 I, 'I " " ., " , " " .' ....., '" , , .' " . ", " .. 4) Detendant's Motion to Compel was, in lact, dated June 25, 1997, the day before the above phone conversation. 11 was not filed with the Court Administrator, however, until July 3, 1997, S) Plaintiffs counsel re.:elved a copy of the MOllon to Compel on July 3, 1997, 6) Two days beron! n!celvlna the Motion to Compel. on July I, 1997, Plaint I"'. eouuel ronvarded to Derendant's eounllfl verlned aDlwen to the Supplementallnterl'OJlator\cs, (A copy of the verified Answer Is allached hereto as Exhibit "C"), 7) The following day, on July 2, 1997, Plalntlll's counsel filed a Prae.:ipe tiling the Certitlcate of Service In the Answers to Interrogatories with the Prothonotary's ollice, (A true and corre.:t copy of the Prae.:ipe is allached herelo as Exhibit "D"). The Prae.:ipe evidencing that the Answers to Supplemental Interrogatories had been mailed on July I, 1997 was thus of re.:ord prior to the tiling of the Motion to Compel the same Answers. 8) Indeed, the office of PlaintiO's counsel allempted to tax a copy of the Answers to Supplementallnlerrogatories to Defendant's counsel on July I, 1997. Aller two allempls and errors, filleen pages of the transmission did go through to Defendant's allorney's fax number, 236-6863. (A true and correct copy of the transmission report is allached hereto as Exhibit "E"). Although it does not appear that the entire transmission went through, and the statl' member who sent it is on leave and unavailable to provide testimony until aller July 28, 1997 Defendant should have re.:eived the complete Answers sent by mail on July I, 1997 shortly thereafter. 9) There is, therefore, no outstanding discovery request of the Defendant dire.:ted to Plaintiff, 10) PlaintifTmade allempts to respond to Detendant's request as expeditiously as possible and as completely as possible and had apprised Defendant of these, albeit somewhat frustrated allempts, through wrillen correspondence and telephone communication. II) Defendant also had olher methods of obtaining lhe information requested in the Interrogatories, spe.:itically, through the subpoena request, the deadline on which was April 23,1997, 12) Defendant had notice that Plaintiff was allempting to provide the Answers on July I, 1997 through the fax transmission, and material to the issues and subject matter l.nvolved in the above-captioned action and that the above-named is required to appear at the aforesaid time and place and submit to examination under oath. The above, named is requested to bring all records, letters, documents, memoranda, photographs, or any other matter or thing relating to IRENE A. O'DONNELL, 1328 Pine ~oad, Lot 11, Carlisle, Pennsylvania 17013, Claim File No. 155'2144-84001, DOA: 11/29/95, IT WILL BE SUFFICIENT FOR YOU TO PROVIDE THE MATERIAL REQUESTED BY MAIL OR HAND DELIVERY IN LIEU OF YOUR APPEARING IN PERSON FOR THE DEPOSITION, PROVIDED THAT YOl] CERTIFY THAT WHAT IS SENT OR DELIVERED IS A TRUE, ACCURATE AND COMPLETE COPY OF THE RECORDS, Date: 51/;;( N? .' REYNOLDS io-HA'lAS A pro~spion~l corp~tion ;/ / >-/ ';. //.;' , I . //"..,~. " I / '/ /- i -' ,/t/, By: i ~I / .,' (; /~r:::.. MICHAEL'M. BADOWSKI Attorneys for Defendant 'I .. 2 . ,~ ... , I . I 'j RIYNOLDS " HAVAS A Profe..ional Corporation By, KICHAllCL K, BADotISXI, ESQUIRE Pe, Supra.a Court I.D, No, 32646 101 Pina Straet Poat Office Box 932 Harri.burg, penn.ylvania 17108-0932 ~~\';? Talephona' ra." [7171 236 -3200 [7171 236, 6863 Attorney for Dafendant, RONALD DUANE HETRICK IRENE O'DONNELL, Plaintiff / IN TijE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA, CIVIL ACTION -. LAW DOCKET NO. 96-3025 VS, RONALD DUANE HETRICK, Defendant, JURY TRIAL DEMANDED ANSWI!2lS 'lU INTERROGATORIES OF DBFBNDANT DIRECTED TO BB ANSWERED BY PLAINTIFF - FIRST SBT TO: PLAINTIFF and her counsel, Jennnifer C, Deitchman, Esquire McGRAW, HAIT & DEITCHMAN 4 Liberty Avenue Carlisle, Pennsylvania 17013 PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, Nos. 4005 and 4006, to serve upon the undersigned within thirty (30) days from service hereof your answers in writing and under oath to the Interrogatories, These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your Answers to said Interrogatories and the time of the trial of this case, you or anyone acting in your behalf learns the identity and whereabouts of any other witnesses not identified in your said Answers, or if you obtain or become aware of additional r.equested information not supplied in your ~Bwers, you shall promp,tly furnish the same to the undersigned by Supplemental AnsweI's, '- Date: i/rlrf; -' By: M E Attorney PLAINTIFF'S EXWOIT C- ," DIPINITIONS AND INSTRUCTIOUl As used in these Interrogatories, the words and terms as sot torth below shall be defined as follows: (a) "You," "your" or "yourself" shall mean and include I I 'j I the answering party or parties, each of said party's representatives, agents, servants, workmen, relatives, employees, attorney, and all other persons acting for or on behalf of the answering party. , I , I (b) "Identify" or "identity" when referring to an individual means to state his/her: (1) name; (2) present address, if known, or last known address (business and residence); (3) jOb title, business affiliation or job classification at the time of the events referred to in the Interrogatory Answers; (4) current employer, if known, or last known employer; and (5) telephone number (business and residence). (c) "Identify" or "identity" when referring to a document or documents means to: (1) state the type of document (~, record, report, letter, memoranda, telegram, chart, photo, etc,), its date, its title (if any), its identifying number, a , 2 ' , , generalized summary of the subject matter of the contents of the document, and lts present location, and (2) state each person who prepared it, each person for whom it was prepared, the address of each person to whom it was sent, the address of each person who presently has custody of the original or copies thereof. (d) "Identify" or "identity" when referring to a "claim" or "action" means to set orth the name of the court where the case/ claim or action was filed, the docket number, the year and date when the action was commenced, the names of all claimants (including you), the names of all parties against whom a claim was asserted, the date or dates of the transaction or occurrences which gave rise to the claim, a description of injuries and damages claimed to have accrued, the identity of insurance carrier for the persons or entities against whom all claims or suits were asserted, the outcome of the claim or suit, the amount recovered, from whom, and if no recovery was realized, why. not. (e) "Documents" include any written, recorded or graphic matter however produced or reproduced including but not limited to correspondence, telegrams, other written communications, contracts, agreements, notes, reports, records, x'rays, memoranda, photographs, tape recordings or any other writings, including copies of any of the foregoing 'now or at any , 3 ' prior time in your (as defined herein) possession, custody or control. (f) "Statement" includes a written statement signed ,or otherwise adopted or approved by the person making it. It includes the stenographic, mechanical, electrical, or other method of recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (g) "Treatment" means any surgery, examination, diagnosis, therapy or o~her medical care or attention rendered, (h) "Health Care Provider" means physici.an, dentist, chiropractor, podiatrist, chiropodist, therapist, intern, resident, nurse (RN or LPN), or other person who rendered service to, attended to or otherwise assisted in the health care of the Plaintiff, "Health Care Provider" also means hospital, doctor's office, clinic, rehabilitation center, nursing home or any similar facility in which or through which medical, therapeutic, rehabilitative or other services were rendered. (i) "Person" has its customary broad meaning and shall also include any human being, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization or entity. . 4 - . 3, Please state whether you have elected the limited or full tort option and state with specificity the name of tour private passenger automobile insurance company and ts address. Full tort option was chosen through Allstate Ins, Co, (P.Q, Bo)( 97, Valley Forge, PA 19482) policy in effect as of dale ofross, . , ' " ' .7.' , I'''' . 4, If you sutfered or were examined for any injury, illness, disease or abnormality within the ten years prior to the accident upon which this action is based, specify the nature of each such injury, illness, disease or ~bnormality, when, where and how each such injury, illness, disease or abnormality was sustained, and the names and addres~es of all medical personnel and medical care facilities having any connection with the treatment of each such injury, illness, disease or abnormality, the nature of such treatment and the date upon which such treatment was rendered. " Robert N. Richards, Jr" M.D. Orthopaedic Associates 1035 Wayne Avenue Chambers burg, P A 17201 - arthroscopic surgery of the right knee was perfonned @ 1993 - minor illnesses have been treated by family physician: Willis W, Willard, M,D, 49 Brookwood Avenue Carlisle, PA 17013 " B 6, If you have ever asserted a claim or filed suit for any purpose including, without limitation, a claim for injury, damage, property damage, or disability, workmen's compensation or occupational disease to obtain benefits, identify the claim or suit, the nature of the injuries alleged in each such suit, the period during which you were disabled, and, if said suit has been terminated, state the r.esults of the trial or settlement, including the amounts of each recovery or settlement, if any. AulO accident suit from 1993 was settled for $10,000 outside of court action, . 10 . 8. State in detail what injuries you claim you sustained as a result of the accident upon which this action is based, the dates confined to bed by your injuries, the dates confined to your hOllse by your injuries, the date you recovered from each particular injury and if you are not fully recovered, please describe in what respect you are still affected by your injuries, disabilities and complaints. Injuries: cervical/upper thoracic strain and sprain; bilateral knee contusions; ankle sprain; and post-traumatic depression, Confllled to house essentially through beginning of January. 1995, Not released to return to work Wltil February 17, 1995 (part time - light duty), Puin in back still persists, , , - 12.- 13. State your contentions as to the liability of each defendant as well as the specific facts known to you upon which you base, each claim of negligence alleged in this action. '" , , Defendant, Ronald Hetrick, is liable because he was careless in his driving; did not keep his vehicle under proper control and crossed the center of the roadway into Plaintitrs lane of travel, He failed to keep alert and maintain a sharp lookout of road conditions and traveled to fast for road conditions. He did not altemptto avoid a collision with Plaintitrs vehicle, He was paying attention to his car radio; not the road, ., " ,I " . 17 . 17, It the jnjuries you allege in this action were caused in whole or In part by sickness, disease, abnormality or injury other than the injuries you claim resulted from the accident upon which. this action is based, specify the nature of each such sickness, disease, abnormality or injury and how each aftected you, whether there are any medical, x'ray, hospital or other reports which indicate the nature of each such sickness, disease, abnormality or injury and how each affected you and, if so, stat.e where and when each such report was made, the identity of persons who made each such report, each person who has custody or possession of each such report and whether you have been furnished any such information in any way other than by the documentB referred to in this Interrogatory and, if so, how, when, where and by' whom, Nt^. " , , , ' , , ' . 21 . 18. Describe any conversations, whether held in person or using any device of communication, betwaen or among any defendant and any other person pertaining to the subject matter of thi~ action by stating the date, time and place of each such conversation and exactly what was said by each person privy to each conversation if you can, and if you cannot, summarize as accurately as you can each such conversation. None. . , , , "I , I " ,. , , , , " 22 ~ 19. If you or anyone to your knowledge are ill possession of any photographs, drawings, sketches, plans, documents or blulOprints relating to the subject matte!: of this action, including, but not limited to, the area involved in the accident upon which this ~ction is based, the locale or surrounding area of the site of said accident, the injuries you allege in this action, or any other matter or thing involved in the accident, state the date each such photograph, drawing, sketch, plan, document, or blueprint was taken or prepared, the name and address of the party taking or making it, where it was taken or made, the object(s) or subjectls) or the pa!:ticular site or view it represents, its present whereabouts and the name and address of the person who has possession or custody ot each or any copy or print thereof, Nonc othcr than policc report (attached hercto). . <13 . I" 20. Identify all persons who you know or believe witnessed all or any part of the accident upon which this action is based, or were pres~nt at or near or within the sight or hearing of the scene of the accident upon which this action is based and/or has any knowledge of the injuries you claim to have resulted from said accident. " " ;,1 i , , 1,1 , , No witnesses to the accident other than the parties known. Plaintiff's treating physicians named in Answers to Interrogatories above hAve knowledge of Plaintiffs injuries. It , " ., .. ' , . 24 . 26. For the five years prior to the accident which constitutes the basis for this action and for each of the years since that date, state the name in which your federal income tax return was filed, your groBs income, adjusted taxable net income, and for each such year, the aggregate gross income stated on W-2 forms attached to your federal income tax return; if you did not file a federal. income tax return, supply the requested information as contained on your state and local income tax returns. AUlhorizations for release of tax information have been supplied separately. I ,\ . 30 - 27. If you claim that you were unable to work as a result of the accident upon which this action is based, specify the dates you were unable to work and the reasons you were unable to work. Unable to work from date of accident through 2/17/95 when release was for part time. light duty only. on account of back and neck injuries. Dr. Willard provided 2/17/95 retum to work release with restrlclions. " .. , " " I, " " I . i . , ,.1',' " 'I') ,-' . I J. /. 'ij - 31 . . . , j ! ';1 28. If you claim that you have not been able to perform your work satisfactorily as a result of the accident upon which this action is based, specify the dates you were unable to perform, the duties you were unable to perform, the manner in which you were prevented from performing those duties, and the identity of all persons having knowledge of same including your supervisors or employers. Becausc of the light duty restriction, Plaintiff was unable to bid for other jobs in Carlisle Tire and Rubber which werc not within light dUly. The dales of available bi~ jobs is unknown. Supervisors at Carlisle Tire and Rubber were not pleased with Plaintiff's need to take time ofT due to injuries and expressed that displeasure to Plaintiff. -32 . . . . . I . Jennifer C. Deilchmun Po. ID #72779 MeGRAW, HAlT & DEITCHMAN 4 Liberty A venue Carlisle, PA 17013 Phone: (717) 249-4500 Fax: (717) 249-4500 Allomeys, for PlaintlO' IN THE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY. PENNSYLVANIA IRENE O'DONNELL, Case No.: No. 96.3025 Civil Term Plaintiff, PRAECIPE () ""' c ~'-, ....J -, -'Jt,~ t._ :'\~ c-':: C}1' " ,-- r:: :' I ::~ . I I 1'-' . , r.~, I, ~~ j 'fj 'i-I . c") : ., 'R I jnl .- t..; J 'oJ => .~ "'. ,::> vs. RONALD DUANE HETIUCK, Defendant TO: Prothonotary Please file the attached Certificate of Service concerning discovery mailers of record in the above-captioned matter. Dated this I" day ofJuly, I 7 ennifer C. Oeilchma Pa. ID #72779 McGRA W, HAlT & DElTCHMAN 4 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-4500 Fax: (717) 249.4500 PLAINTIFF'S EXHIBIT ~ . . I I I . " ., gRII"ICATlOE.lilRYICE xf.. I, JENNIFER C. DElTCHMAN. hereby certily that thlsl-/6-i1 dlIy Of;;;/1997. I served a copy of the foregoing Plaintiff's Answers to Defendant's Interrogatories upon the following individual(s) or entity(ies) by hand-delivery: .1 , I.. "'i ~~ Michael M. Badowski REYNOLDS & HAVAS P.O. Box 932 Harrisburg, PA 17108.0932 ). ;~1, L,t , , " " , , . I' , . " , _"...........1).:. , . . . . ~CTIVlTy REPO~T THE. ~7~~~,'IS97~7:AO NAME: MCtA~.HA!TSOElT01~Wj "r~ ~t7~j~3~0~ DATE Tl~ FAX NO. /tWolE Dl.JRA TI Otl PAliE(SI ~ESULT COMI'lENT I TX ~81 -~-1 i~ ~n~ , !~ I~ I --' ml 07/ 07/ 1)7/ 1 1~:46 9: 7 d~ 0~;H ~1: 11 7311)~87 7F el~ '3274 hUf 3 .363 2387 71763 ~612 03:55 44 14 od~ M ~~ 53 ~ ~ r CV CQVERPAGE CA CALL BACk MSG POL Pa..L ING I " .\ \ ,\ \,1 I ' ,I I' . , I i ~ , , '. " PLAINTIFF'S EXHIBIT r I, 1\ Iii " , ,t, i I " I, .~ '" . 11: -'" (.". -0. r"~ ,.. .. 1,11c' , S~l (), :'. --, '\-"" ,'L.. '\ Gjf'.. , ' Cl L"l. ',f' L"I' .J ,,- \" ;' ~ :-li u: .. I!~' ~:' I'):,l..' " I ". , ", r- :5 Q v' U , " ,. " , ' , ,( I !I . , I " ".' "F II; I', I, ,I. , , I, I, . . , . . , . ,. IRENE O'DONNELL, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION .. LAW DOCKET NO. 96.3025 JURY TRIAL DEMANDED VS. RONALD DUANE HETRICK, Defendant. ,', P~CIPB TO MARK CABB SBTTLBDL-PISCONTINUED AND ENDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly mark the above-captioned case settled, discontinued and ended with prejudice. I , ., I Date: 11 t/9 '7 / r By / /' ~/ nn fer C. Deitchman, Esqu re McGRAW, HAIT & DEITCHMAN 4 Liberty Avenue Carlisle, PA 17013 (Counsel for Plaintiff) " . ., , I I, " , I I j'FG/17"(!:'1i; 11/1\\,: ;llPf,'~'~ r I ,. ~ . 'I'd~. n') I J 1..... "')/' ' , ; , 'i: """ I' 1\',,+ '. " ,,/ t.1 Dc/TCI /MAN 'I, ," J ./ I i,. " I, " I'. I I,. I ,',' F IF , , , " . , '- "... ').. lr; c 1'::- . ;::~, .. ~~'''"f. ~q - ~;l,.,: - "', ~- ..J ~( C. ~;' .OJ !'~t~ c:) en '~: I?} fl. I '1").,,:. " '..';1" :r.'~ JiJIiJ , , , ~'~l' 1.1.: f.' """ U~o.. -, '" "". ~ co d C7\ ,I ',' " " ,I , ,. .'1, t ii' " ,