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HomeMy WebLinkAbout96-04989 ~ ~ t , G1 " s c " ~ ~ H ---'1 ... > \.. ") ~, 4? ~ \,'~ , 'i L , / ; '"" - - .~ .. ~ . ..--..... ~ l.; J ~ ~ '~ \ \ ,1 ~ ~ ,. ~ \..... -,; ., ~, .... ,; .J ~ "- IW'I<;;)- ~ ~ ~~ i\. ~~ ~ V) !r; - ,.. tu;., -" c:.: .. C;.:, L '".'-- L"! ; . ;:,;\ C. ., I ~ c. i*. 1 ... '::"' V'\ j . i . , . i~ I , I I I t I I I - . Ii I I ~ . ~ I '" .,., t . I . 'WCD......" I I ~~ I . _'W,^ !O I .S UI'O'/"; r0- o ~ ~"'''''; 0 . ~i , 1 , I I~ J ''; jllllf if t . q lii5i n ~ . :I! I ~l I .1 1< ~ I ill , at "; n!F , ~ . :It , . ~I t I . I ~; I i ~~....... ... , , , . ! ~~:: !; , . I , , . t , . - SH~RIFF'S HETURN - RCGU~AR CAS~ NO: l~9b-~498~ P CI.IMMUP;W~;ALTH OF PI::NNSYLVAN IA: ClJlJNTY UF CUMIl~:RLAND KNAU~R DAVID W ET AL v;;:.. Erl I F 1 rhlJRANO: ~:KI;IiANGE ":r AL WII.I.lAM WI::AVER . ~her1ff or P.puty Sher1fl of CUMOCRLAND County, Pennsylvan1a. who b~lng duly sworn accordlnQ tc, law. says, the w1th1n WRI r UF upon FUIF INSURANCF CUMPANY '-:i'J!1!,,!,iN', vas $erved --_._._-----~._~---"~ the defendant. at Ib1~:\D0 HOUR:-, i)n 'tht;; t;~h j.)1' "_,f ':;~J;xt.t'~tE'r l'j~Jh a ~ '~~l LUUIHF VHIVF MICIlANIC51.lUHG, FA 170'5<, .-Ui1rEkLANl- ,-"o\Jnty, Fennl5ylvanla. by har.c11!l:;l t" ~,Tf VUL111T;:_LEk.___';L/dllS MANAGt:h ANO Af'UL r IN CHARGI:: a t. rut? arld at t~st~d ,:or,'Y c.f t!'l~ __~1i}T,_.Qt._,~1L"11ii;!:i;L_____n________._._'__'''___--'-_'''_' and at thE' same t~lfte chre~:-~lng ~1,€ .att~t'ltl,-,rl ~o ~,hp ::orl~E'nts t:.t'iereot. Sht?flff's COEtS: ['",d'et lnCl Servlce - Affldavlt Surcharge ':.~'-~ anawer.s-:: ~~~~ ~.00 . ~~j ..~~ :.00 !\.-.J;;-';;i:i-ny'f...: .~," iTrr--.------' --- t'll :'tm --No V ll' K N A tJ r;., 0". t.J i 1 9 '~~~i"" -. t., ~ " " V ..L.t/.J':~". -~...<: ',-~rr...-.-.- ~":L-;.1.V' ~,,\,~,' 1 J. ---'v,lrn ,),1,,_1, ~',j~f'l't 1.r-~.:1 '";.":. t.>;, t ~ ~ "'t ~ t. l::O:; )f. 't .1itY f)! J.,..L*..l.... ; '41.. 4. 1. ,"'1\"7 R. ).~*;~h.. . ".y.'1, , ...... co ;>- h~ W- '. . i':" v: , t,' .~. '- ,... ,. ; 1;- Lj, , Gl f?: I , , ,- \.0... ( V u.. r- =l 0 0' U . . ...1ln A (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received It; (e) Identify each person from whom the document was received; (f) State the: present location of the document and all cOpies thereof; (g) Identify each person who has ever had possession. custody or control of It or a copy thereof; and (h) Provide sufficient information concc:ming the document and the circumstances thereof to explain the claim of privilege and to pc:nnit the adjudication of the propriety of that claim. & rdened to herein, "docwnent" Includes written. printed, typed. recorded. or graphic matter, however prodUttd or reproduced. including correspondence. telegrams, other wriuen communications, data processing storage units. tapes. contracu. agrttments. notes. memoranda. analyses. projcct1ons, indices. work papers, studies, reporu, swwys. diaries. ca1endan. films. photograplu, diagrams. drawings. minuleS of meetings. or any other writing (Including copies of any of the: foregoing) regardless of whether you. your fonnt'r or ~st'nt rounsd. agents. employees. officen. 2 . insurers, or any other person acting on your behalf. are now in possession, custody, or control. DOCUMENT~ REQUESTEQ I. All statements, signed statements. transcripts of recorded statements, or interviews of any person or witness relating to, referring to. or describing any of the events described in the Complaint. 2. All expert opinions, rq>orts, summaries, or other writings in your custody or control or in the custody or control of your attorney or insurers which relate to the subject matter of this litigation. 3. All documents, correspondence. or other drawings, sketches, diagrams, or writings in your custody or control or in the custody or control of your attorney or insurers which relate to the subject matter of this litigation. 4. All medical bills paid or alleged to have been paid by you which relate to the subject matter of this litigation. 5, All photographs of any item or thing in'VOlved in this litigation. 6. AU statements as defined within Pa. R.C.P. No. 4003.4. 7. All statetmnts and/or transcripts of interviews of fact witnesses obtained in this matter. ) DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, iI includes (whether or nol specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (B) Whenever you are asked to "identify" a document, the following information ~ould be given as to each document of which you are aware, whether oronot you have possession, custody or conlrol thereof: (1) The nature of the document (~, letter, memorandum, computer print- out, minutes, resolution, tape recording, etc.); (2) Its dale (or if it bears no dale, the dale when iI was prepared); (3) The name. address, employer and position of the signer or signers (or if there is no signer, of the penon who prepared iJ); (4) The name, address, employer and position of the penon, if any, to whom the document was sent; (5) If you have pol'-oi.vt, custody or control of the document, the """'nn.. and desi&nation of the place or tile in which it is contained, and the name, address and position of the pmon havina custody of the document; (6) If you do not have possession, custody or contro1 of the cIocument. the present location lhercof and the name and address of the Ol'IUliJation havina possesSIon, cuuody Of conttoI thettuf; and (7) ^ britf statement of the sub}CCt matttf of such OOt.-Umml. , (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (I) The means of communication (l:.io, telephone, personal conversation, etc.); (2) Where it took plaa:; (3) Its dale; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (5) The subSlanCe of who said what to whom and the order ill which it was . said; and (6) Whether that communication or lilY part thereof is recorded, described or referred to in lilY document (however informal) and, if so, III identifacation of such document in the nwmer indicated above. (0) If you claim lhat the subject matter of a document or oral communication is privilqed. you need not set fonb the brief SIalcment or the subject matter of the document, or the substance o( lhe on! communication called (or above. You shall. however. OIherwisc .Idaltify. such doclldlell or on! communication and shall stale each around on which you cllim tNl such document or oral communication is privileged. (E) Whcnau )'UU are Id~ 10 "Identify' a penon, the following inftvl1\ation ''',\\til,ll'<' )n"~n (I) The name. present address and prescnt employer and position oflhe person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding andlor whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such procetding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if wrilten or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The term "you' shall be deemed to mean and refer to the party to whom these Inlerrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, coosultanU, sureties, indemnitors, insurers, investigators, and any other agenu insofar as the materia1 requested herein is not privileged. (0) The word "incident' shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. 8eJw<<n the time of your answm to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whert<lbouts of IlIher witnesses not discloscd in your answers, or if you obtain or lcam of addllllllUllRfornulion requested herein, but not supplied In ~l'ur i1nsweu, then you shall pI'Olllptl)' 'urlmh a suwJtttl("fttaJ ans~r undC'r oath cOl'ltaining t~~ \o.1rn~, 22. If you were employed on the dale of the incident and make claim for lost wages or loss earning capacity, slalC the basis upon which you intend to compule your lost earnings or lost earning capacity including dales missed from work, rales of compensation and jobs you contend you could have performed. ANSWF.R: 26 . . btMI . . , , 6j)a"i~ ''It). XnauQr, @.e. ATTORNEYS AT LAW 411 A Eut MaIn Street Mechlnk:aburg, PA 17055 (717) 795-7790 DAVID W. KNAUER March 9, 1998 MARK D. SCHWARlZ The Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Knauer v. Erie Insurance Exchange, et a/., Cumberland County Court of Common Pleas No. 96-4989 Civil Term Dear Judge Hess: I write this letter with the knowledge and permission of Thomas E. Brenner, Esquire, defense counsel in the above-referenced matter, solely for the purpose of clarifying my position. Attorney Brenner did not oppose this letter to you because we had reached an agreement which resolved the discovery issue a day or two before I received your Order based on his petition which he admitted never should have been sent. Attomey Brenner apologized for the miscommunication between himself and his staff. I was in:ured in an automobile accident in 1992 for which I am still receiving care. I filed this action to be cautious in the event of an underinsured claim and to toll the statute of limitations. My intention was not to take action unless and until the third party case was resolved. Another firm was handling the case and, after Erie Insurance Group, transferred the file to Goldberg, Katzman & Shipman, John Statler, Esquire, and I reached an agreement that no action was necessary until disposition of the third party case. Attorney Statler confirmed that agreement in his letter of September 24. 1997. I enclose herewith a copy Ilf the aforesaid Ieller. Attorney Statler Iatttf notified me that his client did not agrft to the commitment he made. When Attorney Brenner informed me he would not abide by Attorney St.tler', agreement, I objected on the basis that he should live with the agreement made by Attorney Statler. Although I still feel strongly that his firm should have lived with the agreement, I felt it was not worth fighting about through the Court and agreed to provide the release which I have done by letter of the above date As I informed him, I wanted to be sure that the Court understood the reason for my objection. Thank you for your courtesy in this matter. Very truly yours. ~.;.~\.J.k...w'i J David W Knauer 'f" DWK_ Enclosure cc Thom., E. Brenner. Esquq ~"~4Il~,,-'\).""1r DAVID W. and AMY H, KNAUER,: IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ERIE INSURANCE EXCHANGE, ERIE INSURANCE COMPANY, ERIE INSURANCE COMPANIES, DEFENDANTS 96-4939 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of October, 2001, in the case of Knauer versus Erie Insurance Exchange at No. 96-4989 Civil Term, and the Court being in receipt of a letter from Plaintiff requesting that the case be stricken from the purge list and remain active for a period of 1 year, and in the absence of objection in court, the case is stricken from the purge list upon the condition that activity occur within a period of one year of today's date. In the event that no such activity occurs on the record. the case shall be deemed automatically dismissed pursuant to a purge for inactivity. By the Court, David W. Knauer, Esquire 411A S. Main St, Mechanicsburg. PA 17055 For the Plaintiff John A. Statler, Esquire Thomas S. Brenner. Esquire 320 E, Market St. Harrisburg, PA 17101 for the Defendant l~~~o, Q C^: . - .. ' . ~. ""; r f~ . - t . . 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