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Home My WebLink About96-06843 ,~ ' " , " 'II, '):1 1,1 , ii' 'I'J' ,'I', " ' " I' !:/ , , " " " , , I' 1 I', 1 I " " ", "~,I, " , " "'J" , .....". , , ", ,I " , 'II.! 1 " , " " " I' , , I_r , "Ii " " , , , ," " I." , " " , , I'J " " " 'I, 'i' "1 ' " i' " ", " I" " " , -, ., " " '''..; ,:' '''~-.;II '. , ,I, " Lt , , 'I " , , , , , ,'\ Ii, TRINA ~. FIS"~R, Plaintif f IN TilE COURT 01' ('uMMON PI.EAS 01' CUMIlEItLANI> COUNTY, I'ENNSYLVANI,\ v. NO,96-6843 1996 CIVIL WORLDWIDE TRAVEL, INC., Defendant I'~:I:: 1312.1, lb~ PCllllon (or Appointmcnt o( Arbilralors shall be subslmllially in Ih. lulluwinlllonn: PETITION FOI( APPOIN'I'MENT m' ARUI1'RAl'OltS TO 'j, '.,' IllmOr. AIlLE, TIlE JUDGES OF SAID COURT: Gary L. I:.~lley . ~ounscl for the pluillliWJtl\!hlla\lf inlhe abovc Ul:tion (or uClion,). rCSI,,,"rully repr",enlllhal: I. '(be ubove-coplioned action (or nclilln.) is (1If0) II issne, 2. Thecloimorlhcploinli(rlnlheo~liunis$ 1411 0;4 plUli i'nterest dud costs. 1111lCounlerclwm o( Ihe llolenllanl in the llClion il 1 701 0; 0; 1". followi.., ;:lI11meys ore inlcresl~d inlhe cose(l) III counselor ore olh.rwisc lli:''1ualili.d III silas ilIbitralors: ..--- Counsel for Plaintiff. Counsel for Defendant. \\ lIEl{t;I'OIH'., ,...U1 pI:lilloner prays your lIonorahl~ C"urllo appoinllhree (3) arbitralors 11.1 "hulIIII,c u.se 111'111 be IIIIJlnllll,lI. Rc,~e fully '~'"1~' Gar L. Kelll'Y (,1,., ORDER Otl COlJR')ir- . ^r'UN~~~ \1\ .I~.inconsid.mli"nuflhe /}.A~il forellllinf""ilion,.~d' I ( LAt..;.~ Esq" (~4(d tr,J ~~_ Baq,. an.! _ ._f:~..J!t.oJ \.1Ji1'7 . Esq,. or~ appoinled Ulbilralors IlIlhc .IJOve cJl'liuncd ad"", \,;r aClion,) .' I ..yell (or. . I'.J. ~ en ~ .:I ~~ .. 5! ..) l' .,- (:)t:.j :c; ,'-' . ~I.. " :~ r- ";")~j t': N ".It,,- ... 'rlj fi:~' ! l~ ~ r;' f# J'~ 'del) t5 ' .Y ... ~ ~~~ ' ::> u 'f ~ - '<'"'1 ,.. -"j" ~y: f.~ i -':~ c: ........ lU'. .. c; ~ , J' I I: ~ ~-s.~ I'.. c..:": I:' I' [' '.f) ,- . I, I \, c." \ ....' I ~ ~ u... ',. I'l. m "J U <I' '...J ............' ,I I,. I , " , ',',1 " , i I, ." t. , ,/ 1,1 .1 I' B. ARGUMENT Based upon the facts set forth above, it has never been Worldwide Travel, Inc's position that, in theory, Ms. Fisher was not ent i tied to commission for certain accounts. As a pract ical matter, we have disputed entitlement to remuneration based upon the appl icable accounts as ef fected by the May 3, 1996 terminat ion date and various items of setoff associated with those accounts for which Ms. Fisher is arguably ent i t led to commission. These setoffs, by agreement of the parties were to be deducted prior to issuance of final payment to Ms. Fisher. The following is an accounting, calculated from the submitted financial statements, which describes Ms. Fisher's entitlement: .)... (... ~...~.'..., -+ Irl f...J ,? ,....'-' ,'~r ~-_.-- r ' 7 tr P'''f,s '1...,......,~ . l. ".~ f,;!-J ~ I; 4.1. t to ;: \,,1 Ac.Co r. ~ I~ A t to fS ~l06.89 r ~"".fl +/.... .J.. ~ . ~'($1l3.30) j16",..Jf~:. __~l:.5_!~_14. ("6",':,",( CV~"", ;; $26.25 -J,.. ....~( c~"""'J''',,, $26.25 +- ""~,( <-_".>'VIo.. $43 . 4?_-" v..., "l.A- -J. -;: -, .l"" ,~I....J<, ~ ~ ~ J fJ <,1, ( <: L,J. k:..4 .>l- J ~~ , v<. Co ( .. .1 Mo c.u-~)~ .---.-- ---- $488.67 Commissions Due i51.17 ? 97,90 -+ 'J 16.1-?-i $127.85 -I fJ(.)) . S 7..33 t 10 6f . 106.89 4IU.JI $ 46.13 010( $ 4.90 $452.83 Exclanat ion Duplicate Invoice Nos. 41274&41617 Refund Apple Cruises Inv. #41783 Royal Caribbean Cruise Lines Wine Wine-O'Donnell Account Overpayment Invoice #42793 Invoice #41612 Federal Express Charges/Cruise Line Mailings April 11 and May 3 Fisher Commission Invoice No. 42176 Kinq-Invoice #43908 Fisher/Skerda Invoice #271684 McArthur-mistake on account IVlcliarue 1 s -mistake on account McKlnney Account Carnival cruise lines Wine-Sullivan Account Wine-Mallnak Account Commission overpayment No. 41653 Account 1 /7 ~~ I t\ccounts ;j ~J" suqar:::::::-- ( Roth "I Blosser j:' ~.l..Eisher ./ taJ) Ye t t e r MI"'- - Scot t V?;\ Dicus....r. / t.JJ Williams -------------- "'" Sc...... Thus, there is, based upon the above accounting, actually a ,..~-- 1.-- fJJ-( Ai' ~~',"'r,:L, ~ c;//6/"~ I', I' . ,> l:r :..1" ': i.. j-' J II I "II t,f" O~/16/~~ .,.): U 1 uS IS ~~ -~D II:u1 F,\1 717'.Ul.', OlIf<EL l.NII fir I(,E lIEUR & IIE1ER COMMISSIONS ntm TRINA FISHER CLlINT 1 LAu.r ~ W' Ii L~. ftoli Sumlluty " Clllr 'I '\ ISOQIIIBOiln ' " Okorn " " Ughl ,\ ,.. SuIl"'KDppeM'~r I, 11 OIr,;ulJOft",M , II Klnll ~,... IV' ~ ~.Jo<Jl!:. v '!41'''' . .'. ni(t/,__'V/.' '';hQP.k ",i;..-I''i;' ClCcon,' '"',~. m- 8ubtotal BlOtMr .",,\ ~"t llIIlup . ,,,..~ 1>,,, JIOOlleIMllII - ...,..... .....' I'"~ MIUl\lell . o.k. 'J/]" ~y Sullivan - ..,""" ^," rf>'t Jorg. -. '.... ~jH. (WI 8ulllOtal tltwlnautr ' - \-',.,. ,"" ",., . RhclcII. .. ",", ,'-'" f'p.y FfOIh .... ,e> ,'v':' f1'>I ~11~1'1 ,""I". ,~r f'l>Y, (F'JIlIV ., ,.. -,4- A~'" po- ..1Jhltt . 01- ~...I,. ,.,,~, ~ . ." lA- J,,,k;tl .',.# L .>lJ I l"lICol.1 o,."d r...t "'VIL DAlI 3127.4/111le * - 4lIMe 4114 - 4(.11" 4/2O.<lI27.. 4124 .11I,,, .... . '" 2IlMI e -11I12188 e/11 . WIOll 11I1.. . ~1" 1lI1'.em.te 8131. If'JO. 1II1a .1/1f1te tl1l.trl.2tW 7f3. Tn,. 711a.l~ 7113.7~ 1120. IT'J719>: Ii2t . ... III'. ... 8121 . lQl411lO 11/1. 111111181 1 Ira, . 1 HIM 2114 . 2121"7 2/11 .2121...7 0"08' IALl8 . 1,481500 . 818.Ol) . UIl.00 , ".000,00 . 1,0lIa00 , 2,UnOO , 1,'3800 S 1,48100 , 3,\lllO 00 S 1580 00 . 740,00 , aUII.oo . ueuo . 1,12800 I 3,187,00 . 3,80UO . 3,OIUO . 7,eol &0 . ZI,'''UO S' U'2,00' . US4 00 , 4,800.110 S 1,'1300 I . 4,'0' ao S 4,830,00 . 4.VJQ,OU . 27,111.10 . U,A'7.1O TOTAL COllll1.... . 111421 . 12171 . 470~ . 4110 00 . 17472 . 23S 150 , II11eo , 131.80 . ~8 00 . 11l1l00 . '0.&0 I ZMt... . J51,08 . 217.315 . 311170 . - 3701 Ol\ . ~ 1.50 , *,14 . 2"'1.10 . 00310,(. 'G , ",,<< . eQ2,20 . 87,40 . 4OHO. 14':' . siB 35 . 8311 ~ . U2U4 . 1,14a." D5- E)G I I..... ~Ai3E II' .... 1ll00a A ' ,,'"..... Ca'-lilt. M.. S IM,47 . .e 07 . 184~ I 181.31 S n15 , 13.43 $ 40... . 4llU , 122.11 S 8' eo , 1.411 I m.17 . 12U~ , 7" f)8 S 110.88 $ 130,ea , 133118 . 12t.7. . "OU7 , 2U,33 S ....0 I al0.n . )4,01 , 141,12 . 2t2.72 S 2t2n It,.", . ...... POll. r.!.'iI o;_,.~_..,.; :,,~. ('", !~'.. 1."'~1. ."l.:.~'.J1'~" 'r". ~t ~,,.41~^'i I' Iq,(\ '" ,.;,11 t....',..,'~ ,.~,.I, 1.,.,<~1'~1 ""J", ",-,,"I.. l,j- ..(;,,,..., /.. . ~. ('/" Jl J .~ (..rlo.. '.,H'.. ~''''I' ,. -j'. 'I'tl...~ 4'>\. ~~ '! '''''. . . t '. - y.- f (....,~t~.~.~ ,,"u..-,l. (.ltil~.\'" ~, -~r;r',' c'.. , .~ . , l~l\ ,41'+ ~l~1 t..{ I 'Z. ~ ~/(q 5" 1I 'J I .' "-'I"" S" IS'" ./2g. :oll4 ll9 I' ~ 4- \l3.~D ~l~ t!-a~a,o&lcJ/l~ ,_ \5'\, \'-t (H~I.u 1S.\wcj~)# ;::rl/ ~ -r- 'd.(,p~~ H~'~\.-ll~ !tift> _ ;\ lP.;}~ ktA(~ VV\l~-kd..q If(,t> _ 4-~. 4-. Hd~ -k> CAttilI Ja./ 0..fUl~ Ull-:l- -Glt6'Su.lllUtV\ W\~ .' -f::}tb (Y\Gt.lLhctt. uu 110 -"1 cr~ 'W.Q.( cJ1 -=#- 41 ~3 ,. ,iI,t1 '" Tb0 V)\JJ ~ e.oY\rn. "l'" It' ,,.," - + 51./1 +- q'l.qb ~ I?J ~~. ). '; +- . _h" . . ..:?~ . . + IDlo.~9 9S ~ - I . . ,~--- '_ .. ..j I + \t>lD(o ~(C- cj; +- Y \.p,l~ . +- y. .<1 Q .... ' .' . .' ... " " , }. . c!' ..~ -. - ..... 'b~\ fY . 45)-~ ;1 ~'r" tf~~vtj..,1 , .. vf'" , . ""--'- " -. ~ dJl Ql!l){\ ~ . . _ -,q.QI Dup L/ /.),'-J 'l: Lit ~11 _ 1~, 36 (t)(DW' l<J (1 ~)~ 4 n~~ - <0. ql( 'l<(!e.l (..OlI{). - ~. ler Odc)(vuu ~ - ;;.41 #"4:)r73~ tm~) ~t)"\mtsSIl)(\ - :3s.)~"" 4ll.cl;). c1u..u:. - g,06 (.:.(~^ (,oG/b'l'" ~ ~. 00 ~\!. ( tvC,Ct5"{?l _ 1(:)",., R<1 f:l~Nr #- ~~n(P Atl (!()M1. - 4~~(o( , c) ~d\. ~\J. -V' . I , N . -e , . : 8 18 a ClO . I~ ' , . . ~a ... . 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COMM"",WIALlH O' ,.NNULVANIA NOTICE OF APPEAL COUIT O' COMMON 'LIAS u/ C 'IIi'J~~,21{{l6lStRI~~u 1/11111 {liar/,.", fROM JUSTICE OF THE PEACE JUDGMENT COMMON mAS N. 96-6843 Civil Term NOTICE OF APPEAL Notice is given thot the appellant hos filed in the obo\lc Court of Common Pleo~ all appeal from the judgmen' rel1derlJd by the Justice of the Pecc, on the dote and in the (OS8 mentioned below. Nov. 20, 1996 7 Il illt' /(. 1 i ~h(l Jl --r' ,.,'u "U U, N.M' ." " U') -1-0,1 /).I,..,',ln' N"'1Il1 Of "'~~III"''''! '';O~e.dluidl! 7~"IJL'{' llll!. o. III 1,M N iN 1101, , ..~. ,). ~I""",,, t~~~.CV-OOU01,l7-9~ LT 197 ~.,/rJ(!1l tdl.!id" 717.1/11(> t. Inc. /l.1"~1 ,:! ..1'1'111,u,1 ()klq~ "'1'001I"'/;~ "",/NI ./_.-' M/ff/am II. iJinkL'{, {Jq. ..-~ (, '/,' ,IUI/. /U~ Ilpf}(!{fant t. .- (l-'IM-NO This block will b. .Igned ONlY when this nolotiol\ i~ required under Po R,C.P,J.P. No. 10088, ThIs Nptice 0' Appeal, when received by the Jus,jet? 01 the P~ace, will operoh.' 05 a SUPERSEDfAS to the iudgmtlnt for po~~e~~ion in thi\ cow II oppellon' WOI ClAIMANT (lO. Po, R,C.P,J,P, No. 1001(6) ill action bf!/ore Jusfice 01 th, Peace, he MUST FILE A COMPLAINT wI.hin 'wenly (20) 5,"nll!lI/" of Plorllollo/flrY QI OIl/lI"Y days offer ',1"'9 his No,iCf! 01 Appeal. 'Ii PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sedion 01 lorm '0 be used ONL Y when appellun' wm DEFENDANT (we Po. R.C.P.J.P. No. 1001(7) in adlon belor... Jusfice 01 fhe Peoce. IF NOT USED, d.fa.:h 'rom copy 01 nofice 01 appeal '0 be Huved upon oppelle€') PRAECIPE: To P,olhonolory Enter rule upon 7~ina K. Ti IIzL'" Num. of Opp.IIIIIIII) . , oppcllceNl. to file 0 complaint in this oppeol (Common Pleo. No, 96-6843 Civil Term ) within twenty (20) day\ of r ~en/ice of r~1 ~er-e~ of judgment of non pros. . (" /'l / "" -~..-- . C. 519"0/"'" QI npp.llonl or tin ol/orn.)' 01 og'111 RULE: To 7".ina K. Tillzc~ Nom. 01 opp,I/."111 , "pp.ll.el~), (l) You ore notified thot 0 rule is hereby entered upon you to file a complaint in thi\ appeal within twenty (20) doy\ after the dote of s.ryice of this rule upon you by penonal seryice or by certified or registered moil. (2) It you do nollile 0 Lomploinl within thi, lime, 0 JUDGMENT Of NON PROS Will BE ENTERED AGAINST YOU, (3) The dote of service of this rule if ,enrice was by moil is the dote 0 f moiling. ~" .. IJ Dote, Dec. 18, ,19Z96. -"\_~ Ll, ;.~,4 l " V SllIltoll (au., 'ILl i - , (l.{V-l( FlLED-oFACE V TI I'.' 1'''''TI'N!r;TAA OF -,. '" 96 nEe: 18 FII 3129 , ,','" IhllY CUM'p~Ni jsvLvN-lv\\ rG ~ ~ . ./1 (lH<t I/o ;'1 U 1 "// ~- )\:- Q,l. II) 7 (j 0 ~ I 4, :11 r<. Q fi:rt IS ...., /AllClt.,,, il i}hK,r C~ ) ). 0' (', U fu.-~hf (L .J~. . L {t.y\Q /I. ')Lt' r ;J/1 17~ 0:) 7t7 -jf)- /)).L. , COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERL~ND NOTICE OF C~~I~~'i~~T/TRANSCRIPT PLAIN riFf-. NAM~ _nLJ AlJOUt ij6 'FISHElt, TRINA K. ., 4 HINt:S DRIVE EAST MERLIN, PA 17316 L ..J ,..~ Dtl NQ 09-1-02 O-lNlme 111,1" ROBERT V. MANLOYE ..."... 1901 STATE STREET CAMP HILL, PA DEFENDANr: ve. ri: N'\Mfi: .nd AnUfU:lili WORLDWIDE TRAVEL 1915 MARKET STREET CAMP HILL, PA 17011 L Docket No,: CY-0000327-96 Date Filed: 10/03/96 .J "'''''0", (717) 761-0583 17011-0000 ., WORLDWIDE TRAVEL 1915 MARKET STREET CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAIH'IIFr .___ 00 Judgment was entered ror: (Name) FISHr:R, TRIN~ K...__ 00 Judgment was entered against: (Name). WORLDlU!!E TBAVEL-_.___ In the amount 01 $ 2 ...ao.L..5~ on: o Damages will be assessed on: (Date of Judgment) ll.L2.0/Q/; (Dats & Time) o This case dismissed without prejudice, Amounl 01 Judgment $ Judgment Costs $ Inlsrest on Judgment $ Attorney Fees $ 2.744.54 62.00 .00 .00 2.806.54 TOTAL $ o Levy Is stayed lor _ days or 0 generally stayed, o Objection to levy has been Illed and hearing will be held: Lt.e: COle: {' - ANY PARTY HAS THI! RIGHT TO APPI!AL. WITHIN 30 DAYS AfTER THE ENTRY Of JUDGMI!NT BY PILING A NOTICE 01' APPEAL WITH THE PROTHONOTARY/CLERK 01' COURTS 01' nlE COURT Of COMMON PLEAS. CIVIL DIVISION. Y~U MUf~~CLUDE A .CO~Y~~~IS 'TIC~. 9r.~7hEN~!~~'~_S~RIP,f~ORM WITH YOUR NOTICEOI' APPEAL. ~~Date _ (,(}_U-//r &Jlil~~.(li!f) , ,t[)lstrlclJusllce ~' ""'~ "'" '""",'~ "" ''P'" ~"}'" ;';'''' 1,7 ,l:'2:':~I0\6 ;h.I~. m~nl. ~ Date " (~" t)(~1 f t /. 1/ " It / .'''<' ' . ,DislrjetJuslice , !SEAL~' My commission expires first Monday 01 January. 2000 , . .' " AOPCJIS-!l6 7. At the time she informlld the Defllndalllthat she was tenninatlng her IImployment. Plaintiff was in the various stages of processing bookings for various clients. 8. Plaintiff would bll othllrwise eliglblll to receive commissions for these bookings, 9. Plaillliff discussed the outstanding bookings with Paul McMurtrie. Office Manager. prior to terminating her employ I1lllnt 10. On or about March II, 1996. I'lainllff and Mr McMurlrlll reached Wl arrwlgement by which Defendant would pay PI.alfltl ff Ihe commiSSions which she would otherwise have earned for processlllg the clients even though her employment wllh Defendant would have ended, II. PI alflll 1'1' and Defendant agreed. !lJJ~r illJ.il. Ihlll Plaintiff would continue to process the subject customers after her termination and that she would receive the appropriate commission thereafter upon complellon of each c1ient's travel 12. After she terminated her employment. Plallltiff contlllued to process the subject files without inCident IJ. On May .J. 1996. Mr. McMurtne, on behalf of the DefendWlt. informed Plaintiff that she was no longer permitted to contact the subject chents and that she would not be paid the commiSSions accruing from those chents 14. Plallltiff abided by all terms and conditions of the agreement which the parties reached wilh respect to Phuntlff receiving the commissions frolllthe subject files, Ill. As a result of Defendant's aCllons, Plainti 1'1' has incurred losses III commission income in the amount of $2.477,54. \ ... ('I '.. r.\- '" ~ . ~ " -, fit _"1 J.-f. "};,) ., :':: J; ,~ .. u.. l-:j ~~ ";. C' ',f} j" !~; [f~" , ~ ',nJ . . li~ f --I ':-j H. I"- U 0' U ~ ~hglbl~ to rec~lw COn1l11lSSl0nS for these bookings Plaintiff discuss~d the outstandlllg bookings with Paul McMurtrlc. Oftke Munl\ger, prior 10 terminating her employment On or about March II. 1996. Phuntlff and Mr McMurtrie rcached un urrangemelll by which Defendallt would pay Plaintiff the commiss.ons which sh~ would otherwise have earned for processing the cliellls even Ihough her employmcnt with Dcfcndant would haw ended. Plaintiff and Defendant agreed, IDllt[ il!J3. that PI allltlff would continue 10 process the subJ~ct custom~rs aft~r her t~rmination and that she would receive the appropriate commission thereafter upon completion of each client's travel. After she terminated her emploYIll~nt, Plallltiff continued to process the subject tiles without mCldent On May 3. 1996. Mr McMurtrl~. on b~half of the Defendant. informed Plaintiff that she was no long~r pernll11~d to contact th~ subject ch~nts and that sh~ would not be paid the comnllssions accruing from those chents Plallltiff abided by all t~rllls and conditions of the agreement which the parties reached With r~spect to Plaintiff receiving the commissions from the subject files 11. Deni~d. By way of further answer, to response to averment 20. 11. Legal conclusion to which no responsive pleading is required To the extent that a r~sponse is neccessary. thiS awrlllent is dellled PLAINTIFF'S ANSWER TO COUNTERCLAIM 1J. Plallltiff incorporal~s by reference Averments I through 22. 14. Denied lIulI Plmntlff engaged 111 .my wrongful conduct Denied th.1I Defendant soffered any IIIcome losses , ,,- 1""1 I"~ l.:: i .. III' I..) , J' fl:' I ()I , . '.:J r.\' L;. , I _.1, (. , i l I_r L._ ... r:, ) I..'; 1'..1' .J TRINA K. FISHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Pennsylvania NO. 96-6843 CIVIL TERM v. WORLDWIDE TRAVEL, INC., Defendant NOTIe. OP HBARING BY BOARD OP ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case will sit for the purpose of their appointment in the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania, on Friday, May 29, 1998 at 9:00 a.m. Frederick Andrea C. Charle I. Huganir, Esquire Jacobsen, Esquire or, Esquire ,DATE: March 23, 1998 rman .. By: v TO: Gary L. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 William H. Dinkel, Esquire 2201 Columbia Avenue Lancaster, PA 17603 ~o (:~_- J ~-,-._ - J~/1 I '( Itf:r;. <?....:" tJ..It-::-..f:Fc~__ {', 1.,[ -,-",.- ''''',' (i .II.ft' ~',".'~ Court Administrator Law Olllell 01 Gary L. Kelley 132-134 Walnut Str..t Harrisburg. Pvnnsylvanla 17101 (7\71238.1484 Fax (717) 238-1761 Mny 27, 1998 Frederick I HugWlir. Esq. 28 South Pill Street 1'0 Box 308 Carlisle. PA 17013-0308 VIA FACSIMILE TRANSMISSION TO 149-6154 Re Fisher v. Worldwide Trnvel No 96-6843 CumberlWld Cowlly De.1I Mr Hug,mir' ThiS leller IS 10 confirm our reCL,lI lelLophone conversalion regarding my r~quesl to have the above matter ~onlmued I huvc conl'lcted opposing counsel and nil mbltralors involved m thiS nWllel and all are III agreement to the conlinuimce. Also. all parties nre in agreement with Ihe rescheduled date of June 23. 199H ul 900 nm except. Andrea C. Jacobsen. Esq,. she will be out of the country during lhat week Please notify me when you have estnblished a new date lI/1d time for the rescheduled he,uing. Thank you for your allention to this mailer. Please cnllmc if you hav~ .my questions. Very truly yours. ~.t: ~ Michael E. Slllger Legnl Assistant to Gary L Kelley cc Andren C. Jacobson, Esq, Charles Rector. Esq. William H Dinkel, Esq, Coun Administrntor I , " I HUGANUR LAW OFFIICES 28 SOUTH PITT STREIlT PO Box 308 CARLISLE, P A 17013-0308 FRfllfRICK I. HUt;...NIR Tfl: 717.249-h272 F...x: 717.249-1>154 IlIIgan,"'ta,,,,,lnk.ntl . May 22, 1998 Gary L. Kelley, Esq, 132.134 Walnut St. Harrisburg, PA 17101.1612 , , Re: Fisher v. Worldwide Travel No. 96-6843 Cumberland County Dear Mr. Kelley: This is to confirm our recent telephone conversation whereby you I'equested a continuance due to an injury suffered by your client. I stated that would be fine, but that It is your responsiblllty to contact the other party and arbitrators to establish a hearing on either 9:00 a.lll. or 1:00 p.m., June 23,1998. However, until I have written confirmation from you that the other party and the arbitrators agree and are so advised, IIIe Irearlllg sllall re/llalll as sdledu/ed 011 May 29/11 at 9:00 a./II. {'lease be sure to tell me whether the parties chose the morning or afternoon session. I look forward to hearing from you. Yours sincerely, HUG~ LAW OFFICES ~(QJ9J By: Frederick l.lfI~rEsq. If '.urr\0822k..U"y"ub...."... /tfr<? (.."...-1;" "I? R-llll AJmltt,'d to Prudin' in Pl'nn~ylvuntu und Mirhly,un " , ' , ., "I'. " , " , , " " , ",- -' (: '. ,.: II.l i;..t, .. ; " , ,f--' -. , .' , , , -r.. ~u:: 1',- \ , (J ,-. I ; , I " l.' . ',I , I,' " <. ,', '. ~.- .. -,J , , , , J- <;\,/ , l '; .,. ."-' ...~ 1-~. 1_ !';. f:j!- '. ~ ,- .... I '.;.~ " fl:7F li': ' ,):1:..' W' I"') ~r '-:"\./ :"';: /) "" I>~ C:' - , " .. - , ,.:}'\J ,. ~L ~.. '.ILL.: ". ,..... ~., . (~ 0' r..J " " .. ~'...~" '- . \ ,I ,1/ FILED-OFFlrI: OF 11 'r 1"1 nT'Jl)t lOWlY r ,I' ~,,,. .... gonEr.30 PI11:LO , . CUM:.:llll\! :i) ,-'~UI~'IY Pc~IN~YI~mI!A " " - . I, ~ , if' ,,I: " ,J , I' I( ,'r, d,' IiI,' :I'r.' "-,'.JI' i ",' , , , " " " " , I, , :i-, , 1 " i" , , 1 , ,. "Ji , , ", I. ,I ;1, , , ,,', 'I , , " , , ,. " " , " , " \/, I','!' , , 1'1', , , I., , " " , " " " '/',f , " I. ,. I " I I , , " ". ,. '"' " 'if , .,. " 1IJ 'I, 'I I-'-~ lit I,' , ., '~:' ......, I I ~ .,' ~ " U "Ie, ~. , Iltllt: '~"" '~l ~~ :g "~~' ti.... ~:at =-~ ~.' ~8 j .' ~, SS :.. '. ." I I, J.JI iill '.,' " ~_\ 'I," ," ',.-' ", " ., ','. " ",I' 1,1, I I" " .,. " , I' , Iii ,It,: \ " "I,'!- f. ,',1 .' /iili: '. -,IJJi.{,'" (,' I', ' IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA CIVIL ACTION-LAW Trina It. Fhher, plaintiff I I I No. 96-6843 I I t I I VS. Worldwide Travel, Inc., Defendant DBIi'I!lNDANT ' S ANSWER WITH NBW MATTBR AND COUNTBRCLAIM TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, Defendant incorporates the averments of paragraph 10 below. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer and clarification, Plaintiff initially informed Defendant of her intent to terminate her employment effective March 23, 1996 and subsequently the parties agreed otherwise, ae more fully described in the averments of paragraph 10 and the New Matter below. 7. Admitted. By way of further anewer and for purpoee. of clarification, Defendant admite that at the time Plaintiff informed Defendant she was terminating her employment, she was in the various stages of procell Ding bookinge for varioue clients of Defendant. B. Denied. The averment. of paragraph B of Plaintiff'. complaint form a conclusion of law to which no response is required and same are, therefore, denied. 9. Admitted in part, denied in part. It is admitted that Plaintiff discussed certain outstanding bookings with Paul McMurtrie. It is denied that Plaintiff terminated her employment. 10. Admitted in part, denied in part. It is admitted that Plaintiff and Defendant reached an arrangement by which Defendant would be compensated for processing certain client accounts to Clompletion subsequent to March 23, 1996. It is denied that Plaintiff's employment was terminated while she was completing client accounts. By way of further answer, the arrangement reached between the parties was a part-time employment relationship compensable on a commission basis and conditioned upon Plaintiff abiding by Defendant's employment rules, terms and conditions in processing the current client bookings with Defendant through completion. 11. Admitted in part, denied in part. It is admitted Plaintiff and Defendant reached an arrangement by which Defendant would be compensated for processing certain accounts to completion subsequent to March 23, 1996. It is denied this occurred after Plaintiff's termination. By way of further answer, the arrangement reached between the parties was a part-time employment relationship compensable on a commission basi. and conditioned upon Plaintiff abiding by Defendant's employment rules, terms and conditions in processing the current client bookings with Defendant through completion. 12. Denied. It is expressly denied that Plaintiff terminated her employment. It is denied that Plaintiff, subsequent to termination of her employment, continued to process the subject files "without incident". To the contrary, on or about May 3, 1996, Defendant, based upon information received from its employees and clients regarding Plaintiff's interference with contractual relations of Defendant, terminated the modified employment relationship with Plaintiff. 13. Admitted in part, denied in part. It is admitted that on May 3, 1996 Mr. McMurtrie informed plaintiff that she was no longer permitted to contact certain clients of Defendant regarding their accounts with Defendant. It is denied that Mr. McMurtrie ever told Plaintiff she would not be paid commissions from those clients which she had processed to completion. 14. Denied. It is expressly denied that Plaintiff abided by all terms and conditions of any "agreement" which the parties reached. To the contrary, on or about May 3, 1996 Defendant, based upon information received from its employees and clients regarding Plaintiff's interference with contractual relations of Defendant, terminated the modified employment relationship with Plaintiff. 15. Denied. The averments of paragraph fifteen of Plaintiff' 8 Complaint form a conclusion of law to which no response is required and same are, therefore, denied. WHEREFORE, the Defendant, Worldwide Travel, Inc., respectfully requests this Honorable Court to dismiss Plaintiff's Complaint and enter Judgment in its favor. NEW MATTER 16. D.fendant incorporate. herein by reference the answering av.rment. of paragraph. 1 through 15 above. 17. The modifi.d arrang.ment b.tween Plaintiff and Defendant a. described in Plaintiff's Complaint was.a modified .mployment relationship. 18. The modified arrangem.nt b.tw.en the parti.o a. referr.d to above was not a contractual relationship. 19. Upon information and belief, Plaintiff was engaged in a course of conduct which const.ltuted tortious interf.rence 'with contractual relationships of Defendant during the term of the modified employment relationship as referred to above. 20. As a result of Plaintiff's conduct as rllferred to in paragraph 19 above, Defendant terminat.d the modified employment relationship on or about May 3, 1996. 21. As a result of the termination of the employment re1l1ltionship illS referred to in paragraph 4 above, Plaintiff is entitled to commi.sions only upon those client accounts of Defendant which were completed as of May 3, 1996. 22. Plaintiff's claim is barred by the doctrine of Employment- at-Will. COUNTERCLAIM 23. Defendant incorporates herein by reference the averment. of paragraph. 1 through 22 above. 24. A. a result of Plaintiff'. conduct a. ref.rred to in paragraph 19 of Defendant'. New Matter, Def.ndant .uffer.d 10.... in incom. in the amount One Thou.and, Two Hundred On. and 55(100 VERIPICATION I, Paul McMurtrie hereby verify that I am authorized to make thiB Verification, and that the atatementa contained in the herein Pleading are true and correct to the best of my knowledge, information, and belief. I underetand that falee statemente therein are made aubject to the penaltiee of 18 Pa. C.B.A. S 4904 relating to un.worn faleification of authoritie.. Dated, (/2-'1/97 / I I ~:w~4!t , Paul McMurtrie . . CBRTIFIeATE 01" SBRVICE I HBREBY CERTIFY that a true and aorreat copy of the foregoing Pleading ha. been .erved thi. 10th day of February, 1997 by fir.t ala.. mail, po.tage prepaid, uponl Gary L. Kelley, E.q. 132-134 Walnut Street Harri.burg, PA 17101 DATBI ~-(O-? . BYI W am H. Attorney for Defendant 2201 Columbia Avenue Lanaa.ter, PA 17603 (7q') 397-1222 " Ce" /';)y --Ie> C. ft ):'R~c:l J.I LU; ::!I1o..l1 'It.. f)A,Jc1fl..~ Jac.obSl:<..) CJ...a,J,...s R.~L -/OfL. ~ . iJ~ ~ I 'IL...J J~( ~it.J . -..1c..."bSt0 '-l-f?l~a\~ . - ':Ld. . ./I..;;oI/'f4.. rn~1 '{t~( /l 1/ QA~ lo/S/,N, /.1..tiu 4 r . 8 .0 0 <:xl '11 t..' .".rr; i~ "j ~Cl: '"0 ,ti::r/ ~V - J!~~ ;g~:; en ":l( :.-I,.~ . ,,~ ,: ;FJ 'I~ ..;;c; ::r: "~ :-=0 - -".. ~c:-: - (:~ .. ~ I ~ '.,,) I'. ~ ~ '10"" ", .1 ;" .. ~. ' , i, ;, JIMMY D, WHITTEN and SANDRA KAY WHITTEN. His wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW vs. THOMAS B. CAMPBELL AND TRUMBULL CORPORATION, Defendants ". 96.6842 ,'" tA vs. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, Additional Defendants JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL OF PLAINTIFFS AND ADDITIONAL DEFENDANTS ORDER AND NOW, this J 5" ~ day of July, 1999, a brief argument on the within motion to compel is set for Thursday, AugustS, 1999, at 3:30 p,m.ln Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Karen Durkin, Esquire For the Plaintiffs ..ft.::!/L John A. Robb, Jr" Esquire For the Defendants Daniel R. Ooodemote, Esquire For the Additional Defendants ~~ /IOC.w; <.{, "/'4" ~, ~.~, " ~ If) ~ III I~ N ~.~ ',J. ~.;! :I:: r,J~~ . I:. 0.. '..l....,j '-' en ..~2 " ", I ~ !,.~ f I'! ~.n, . i ~ : .... ~j 0" d C/"l ~ I I i"d~~ !I ~ ! i j j '.. . .~ llll I 2 lq9~ ': . . JIMMY D. WHITTEN and SANDRA KAY WHIlTEN. his wife. Plaintill's : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYL VANIA v. : NO. 96-6842 THOMAS B, CAMPBELL and TRUMBELL CORPORATION. Delimdants : CIVIL ACTION.LA W v, COMMONWEALTH OF PA. DEPARTMENT OF TRANSPORTATION,: JURY TRIAL DEMANDED Additional Detendant : JOINT MOTION OF PLAINTIFFS AND AI>DITIONAL DEFENDANT COMMONWEALTH OF PENNSYL V ANIA MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS PURSUANT TO PII. R.C.P. NO. 4006 AND 4009.12 AND NOW. comes the Plaintifl's. Jimmy Whillen and Sandra Kay Whillen. his wife. by and through his allomeys. James. Smith. Durkin & Connelly. 1.1.1'. and Additional Delendant. Commonwealth of Pennsylvania by and through thcir attorney Daniel R, Goodemotc. Esquire and movcs this Honorable Court to Order Defendant. Thomas G, Campbcll. and Trumbcll Corporation. hcreinalicr "Dctendant". to submit answcrs to wrillen Interrogatories pursuant to Pennsylvania Rule of Civil Proccdurc No, 4006, In support thercof.the PlaintilTsubmits thc following: 1. This suit arises from a molor vehiclc accident. which occurred on June 5. 1995 in which two tractor.trailers collided on Slate Routc 83 in Lemoync. Cumberland County. Pennsylvania. 1,00. 2. Plalntill' ~ustained ~criou~ personal injury us a result of ~uid collision including but not limited injury to the large intcstine. injury to the sigmoid colon. fracture of the len ulna Wld fractured ribs, 3. Plaintin"s Triullnterrogulorics and Requcst "Jr Production of Documenls were served on DetendWlton Muy 2(). 1999. (Scc Exhibit "A") 4. Defendant hus not idcntified his experts, S. Delendant responded 10 these Interrogatories. dated June IS. 1999. by neither answering nor objecting 10 any of the questions. us rcquired by Pennsylvania Rule of Civil Procedure No, 40()6. (Sec Exhibit "'f') 6, On January 8. (998 Additional Dcfendant submincd Interrogulories and a Request lor Production of Documcnts to Dcfcndanttor completion. (See Exhibit "C") 7, To date. Defendant has not idcntilied his experts ugninst Additional Detendant nor has he providcd said reports, (Scc Exhibit "D") 8, Plaintill' and Additional Detendant submit that snid answers ore required by Pennsylvania Rule of Civil Proccdure No, 4006nnd 40()9, 12, 9, Plaintill' and Additional Defendant submitlhnt suid nnswers ore necessary to determine Dclendant's defensc oflhe c1aim~ raiscd nguinst lhem, 10, PlaintitT and Addilional Defendant submil thatthc within Motion is bused upon good cause. and Ihut good cause has bcen demonslmted, WHEREFORE. Dctend.lnt respeclfully requcsts lhis Honorable Court cnter .In Order directing that; ( 1 ) Detendant shall answcr said interrogatorics and Reproduction of Document~ within ten days .md said failure to do shall result in sanctions precluding him from asserting any defenses arising from said discovery. prcdude him from introducing any exhibits or documenls . ,. " I' Y', Ilttrillllltld precludc him from clllling witnesses. luctulll or expert. atlrial. or producinglltly statements from such witnesses Ilttrilll. Respectfully submitted. JAMES, SMITH, DURKIN" CONNELLY, LLP Dated: 'f/?/f! By: / ,/ (....-- RK1N. ESQUIRE omey J.D. #29563 P.O. Box 650 Hershey. PA 17033-0650 (717)533-3280 Dated: ~/? ,/'1 By:, Attorney tor Plaintill' ~ 6?&R1- Daniel R, Goodemote. Esquire Attorncy 1.0, # jdPP~ Commonwealth of Pennsylvlltlia Office of Attorney Gcneral Torts Litigation Section 15th Floor. Strawberry Square Harrisburg. PA 17120 Attorne)' for Additional Defendant " . ....---.a. JIMMY D. WHITIEN and SANDRA KAY WHlTIEN. his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 96.6842 THOMAS B. CAMPBELL and TRUMBULL CORPORATION, Defendants : CIVIL ACTION. LAW v. COMMONWEALTH OF P A, DEPARTMENT OF TRANSPORTATION, : JURY TRIAL DEMANDED Additional Defendant PLAINTIFFS' TRIAL INTERROGATORIES TO DEFENDANTS TO: Thomas B. Campbell, Trumbull Corporation, and their attorney, John A. Robb, Jr.. Esquire PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, ~ ~., to serve upon the undersigned, within thirty (30) days after service of this Notice. your Answers in writing under oath to the following Interrogatories, Respectfully submitted. """'. t;- ~ 11ft . JAMES, SMITH, DURKIN & CONNELLY LLP BY~ URKIN, ESQUIRE Attorney I.D. #29563 P.O. Box 650 Hershey, PA 17033-06)0 (717) 533.3280 Attorney for Plaintiffs -' 11 ". , DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein. it includes (whether or not specifically called for) all printed, typewritten, handwritt~n.llraphic or recorded matter. however produced or reproduced nnd however formal or informal. (B) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you arc aware, whether or not you have possession, custody or control thereof: (l) The nature of the document (e,g"letter, memorandum. computer print-out, minutes, resolution, tape recording. etc,); (2) Its date (or if it bears no dated, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if an)', to whom the document was sent; (5) If you have any possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name. address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subjeci matter of such document. - ;-. , I I i (C) Whenever you are asked to "identify" an oral communication, the following infonnation should be given as to each oral communication of which you are aware. whether or not you or others were presel1t or participated therein: (I) The means of communication (e,g" telephone, personal conversation, etc.); (2) Where it took place; (3) Its date; (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 substance of who said what to whom and the order in which it was said; and (6) Whether that communication or any part thereof is recorded. described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above, (0) If you claim that the subject mailer of a document or oral communication is privileged. you need not set forth the brief statement of the subject mailer of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged, (E) Whenever you are asked to "identify" a person. the following infonnation should be given: ...... , - ,'" (I) The name. present address and prcsent employer and position of the person; and (2) Whether the person hllS givcn tcstimony by way of deposition or otherwise in any proceeding related to the prcsent proceeding and/or whether that person hllS given a statement whethcr oral, v.Tillen or otherwise. and if so, the title and nature of any such proceeding, the date of the testimony, wheJ1er you have a copy of the transcript thereof, the name of the person to whom the statemcnt WllS given, where the statement is presently located if wrinen or otherwise transcribcd, and the present location of such transcript or statcment if not in your possession, (F) The term "you" shall be dcemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attomeys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar lIS the material requested herein is not privileged, (0) The word "incident" shall be deemcd to mean and refer to the incident lIS alleged to have occurred and as set forth in Plaintiffs' Complaint. These Interrogatories shall be deemed to be continuing Interrogatories, Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identify or whereabouts of othcr v.itnesses not disclosed in your answers. or if you obtain o' learn of additional information requested herein, but not supplied in your answers. then Yllll shall promptly furnish a supplemental answer under oath containing the same, .... ,4 ., - .... 1. Ple~e Identify each and every exhibit or docwnent which you Intend to introduce into evidence at the time of trial. . 2, Please Identify each and every person presently knO\\1l to you, who has knowledge. whether factual or expert, concerning the facts. claims or defenses in this case. 3. State whether or not you have obtained either (a) written statement, signed or otherwise, or (b) an oral (whether transcribed or untranscribed) statement from any of the persons identified in response to the preceding interrogatory, "",. .f - , -..:..... 4, Please state which of the persons Identified in response to Interrogatory 112 you will call at the lrlal of this matter. and for those which are not expert witnesses. please slllte your relationship with the witness and the substance of the facts to which each non-expert witness is expected to testify. 5, If you are W\able to respond to the preceding interrogatory because you have not yet decided who will be called at trial. or if you have reserved the right to supplement the answer at some future time, please identify those persons presently known to you from among whom you will choose in order to supplement the answer to the preceding interrogatory, 6. As to ,any person identified/listed in response to the immediately preceding interrogatory, and whose identify is not yet recorded in discovery prior to these interrogatories, please state: .' , 'o' I ,,1 .\ill ""'I ,11 1;1 "I (a) the subject matter of the person's knowledge; ~. I' I , (b) the opinions which the person can offer; (c) the facts directly known by the person; and , (d) the facts not directly known, but which will be relied upon to suppol1 opinion(s) which the person can offer. 7. Please state which exhibits/documents identified in response to interrogatory #1 will be referenced in testimony by the persons identified in the preceding interrogatories. ...... , . . ~..;.:_. ~.,';r; (~:/ ~~'.'~lli j ~"j: .. ":I(j' WI' ~";\ ....i ,. 8. If you are unable to respond to the preceding Interrogatory because you have not yet decided what exhibitsldocwnenlS will be introduced at trial. or If you have reserved the right to supplement the answer at some future time. please Idenlify those exhibitllldocwnents presently ", ~ known to you from among which you will choose In order to supplement the answer to the 1" " r,,,', preceding interrogatory. Jil,' fl,l," n (;,1 -;1'\ ,tl" '~i1 ' r.l::l M ~~I ,iii: .I ~r:' 11' .' ',,, ~" ,i "1 ' ' ij' 9. As to any exhlbltldocwnent identified in response to the Immediately preceding Interrogatory. and which has not yet been produced or identified of record in discovery prior to these Interrogatories, please state: (a) the subject matter of the exhibitsldocwnenlS; ,j' ',1 ,>' v" . (b) . the flltlS reflected In the exhibitsldocwnentS; "-I " .1 .'.- , -, , ,,'/ .1,1, I' . J-i, '1(' ~',J' '''l' ~\I'j' ~f~:J ' J.::l 'i'It., "'1i' \h~! ,"-' , I" ! (,(1-1 ,11',\ 'Jl;;I ',-,\ : i' -,," l) \ il , \", I I , 1 I:,' (c) !he opinJon.s reflected in !he exhibiWdocumenlSi (d) in lieu of specific responses to !he preceding sub-interrogatories, counael is offered !he alternative of providing a copy of !he document as !hough same has been nwle subject ofa request for production; and (e) !he present location of !he exhibits/documents and identify lIS custodian by name, title aud business address. EXPERTS 10. State !he following wi!h respCctto each person you expect to callas an expert witness at !he trial of this case: (a) state each person's full tiame, address, occupation, and field of expertise; ..... , - , -;.-. '- I , (b) the schools each such person attended. and for each such school. the dates he or she attended, the course of study he or she pursued, and the degrees he or she was awarded; (c) Any other education. training or experience each such person has had in his or her fleld of expertise, setting forth the nature of the education. training or experience, where or from whom he or she received it, and when he or she received it; (d) Each state in which such person has been licensed or certified, and for each such license or certification, the name of the entity which issued it, the date it was issued, and, if the Iicelllle or certification was ever suspended or revoked and the reasons for suspcllllion or revocalion; (e) Each such person's work experience (other lhan that referred to in your answer to pari (c), including the names and addresses of his or her present or past employers, the positions he or she held with each employer, and the dates he or she held each such position; - , - .-- 12, For each such expert. have the expert state the substance of the facts and opinions to which the expert is expected to testify and swnmarlze the grounds for each such opinion. 13. If you intend to use any admission(s) ofa party at trial. please specltlcally identify the content of each admission, the associated party who was to have made the admission, and when the admission was to have been made. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY LLP Dated~~ /f~l RKIN, ESQUIRE Attorney I.D. #29563 P,O, Box 650 Hershey. PA 17033-0650 (717) 533.3280 Attorney for Plaintiffs .' f - . - .-. , , (d) IdentitY each person who r~ceived it; (e) Idenlify each person from whom the document was r~ceived; (I) State the present location of the docwnent and all copies thereof; (g) Identify each person who has ever had possession, custody or control orit or a copy thereof; and (h) Provide sufficient information concerning the docum~nt and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim, As referred to herein, "document" includes written, printed. typed, recorded, or graphic matter, however pr9duced or reproduced, including correspondence, telegrams, other written communications. data processing storage units, computer disks, tapes, contracts, agrecments, notes, memoranda, analyses, projections, indices, work papers, studies, reports. surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody. or control. your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. ) DOCUMENTS REOUESTED 1. All statements, signed statements, transcripts of recorded statements, videotapes, interviews or affidavits of any person or witness relating to, referring to, or describing any of the events surrounding the alleged incident in question as referred to in PlaintilYs Complaint, including those relating to the happening of the incident or to Plaintiffs injuries or losses, 2. All expert opinions, expert reports, expert summaries or other writings of experts in your custody or control or in custody or control of your attorney, your insurer, or in the custody ",'0- , _ _. 'J'I', \ I , ...:-..-J~ljr"~'~"I-"i!I"-"'_ ,J" l"t", ~-."""J,.-,"," , , -"',' ~" I'~l\'" "" ..' @ , , , ' " IlItlIII!t . DEFINITIONS AND INSTRUCTIONS (A) Whenever the tenn "document" is u~ed herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten. grnphic or recorded matter. however produced or reproduced wId however ti.lmlnl or inlormal. (B) Whenever you are asked to "identify" a document, the following intormation should be given as to each document of which you are nware, whether or not you have possession. custody or control thcreof: (I) The nature of the documeilt (e,g,.letter, memornndllm, computer print-out, minutes, resolution, tape rccording, etc,); (2) Its date (or if it bears no dated, the date when it was prepared); (3) The nwne, address, employcr and position ofthe signer or signers (or if there is no signel', of the person who prepared it); (4) The nwne, address, employer and position, of the person, if any, to whom the document was sent; (5) If you have any possession, custody or conlrol of the document, the location and designation of the place or tile in which it is contained, and the nwne, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the nwne and address of the organization having possession, custody or control thereof; and (7) A brief stat.ement of the subject matter of such document. (C) Wheneve:r you arc aske:d to "id.:ntify" an oral communication. the following infonnation should be given as to each oral communication of which you are awure, whe:ther or not you or others were present or participated therein: (I) The: melll1s of communicalion (e,g.. tele:phone, personal conversation. etc.); (2) Where it took place; (3) Its date:; (4) The nlll1leS, addresses, employers IlI1d positions (a) of all pe:rsons who panicipated in the communication; IlI1d (b) of all other persons who were present during or who owrheurd that communication; (5) The substance of who said what to whom and the order in which it was said; and (6) Whelher that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicaled above. (D) If you claim that the subject mailer of a document or oral communication is privileged, you need not set forth the brief statement of the subject mailer of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you ure asked to "identify" 1\ person, the following infonnation should be given: (I) The nwne, prescnt address and present employer and position of the person; and (2) Whether the person has given testimony by way of deposition or otherwise in any proeecding related to the prcscnt proceeding and/or whether that person has given a statcmcnt whelhcr oral, wrinen or otherwise. and ifso. the title and nature of any such procecding. the date of the testimony, whelher you have a copy of the transcript thereof. the name of the person to whom the slatement was given. where the slatement is pn:sently located if wrinen or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (F) The tenn "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material 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 Plaintiffs' Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf leams the identify or whereabouts of other witnesses not disclosed in your answers, or if you obtain or leam of additional infonnation requested herein, but 110t supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same, (a) the $ubject mailer of the pcrson's knowledge; N/A, ".' (b) the opinions which the person can offer; N/A. (c) the faCIS directly known by the pcrson; and N/A. (d) the facts not directly known, but which will be relied upon to support opinion(s) which the person can offer. N/A. 7. Please state which exhibits/documents identified in response to interrogatory #1 will be referenced in testimony by the persons identified in the preceding interrogatories. These Defendants have not made this trial decision at this time. Defendants rescrve the right to supplement this response. ~ I , I I 8. If you are unable to respond to the preceding interrogatory because you have not yet decided what exhibits/documents will be introduced at trial. or if you have reserved lhe right to supplement the answer at some future time, please identify those exhibits/documents presently known to you from among which you will choose in order to supplement the answer to the preceding interrogatory. Defendants object to this Interrogatory as being vague and overly burdensome. These Defendants have not made this trial decision at this time. Defendants reserve the right to supplement this response. 9. As to any exhibit/document identified in response to the immediately preceding interrogatory, and which has not yet been produced or identified of record in discovery prior to lhese interrogatories, please state: (a) the subject matter of the exhibits/documents; N/A. (b) the facts reflected in the exhibits/documents; N/A. " I Ii , I. '.-"'''''''.''-'''U'.,_,_." (I;) the opinions reflected In the exhibits/documents; N/A. (d) In lieu ofspcclfic responses to the precedllllJ sub.interrollatorles, counsel is offered the alternative of providing a copy of the document as thouBh some has been made subject of a request for production; and N/A. (e) the present location of the exhibits/documents, and identify Its custodian by name, litle and business address. ' N/A. EXPERTS 10. State the following with respect to each person you expect to call as an expert witnes.s at the trial ofthis case: (a) state each person's full name, address, occupation, and field of expertise; These Defendant~ have not made this trial decision at this time. Defendants reserve the rillht to supplement this response. " ._"...,...-. _,.T \l Respectfully submitted, ROBB, LEONARD &. MULVIHILL . ", CERTIFICATE OF SERVICE I hcrcby ccrtify that a truc and correct copy of thc within Thomas G. Campbell and Trumbull Corporation's Answers to Plaintiffs' Trial Interrogatories has becn forwardcd to thc. 1'5 fl'J following counsel ofrccord by U.S. mail, postage prepaid, on the _ day of J l/ r1t!. .1999: Karen Durkin, Esquire JAMES, SMITH & DURKIN P.O. Box 650 Hershey,PA 17033-0650 Daniel R. Goodemote, Esquire Commonwealth of Pennsylvania Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg. PA 17120 JOHN A. ROBB, 1 ' ~Il .'''"''I''~' "'''';-if'~'" '"'' "'......1" <V IxIl/IIIt Q " , ' , , II,!" 8, Any rcleue or other asreement between an)' person or entities given or obtained in regard to the subject incident. .' 9. All documents or exhibira which you intend to offer or identify aa exhibits and/or evidence at any dClPOsitions or at the trial of this matter. 10. All documents, including but not limited to, advertisements, circulars. broChures, pamphlets, leatlets, writings and other such promotional items any expert witness you have retained for use at trial uses and hu used in the put to promote his services u an expert witness. " 4 /'".' I" " .' II. Any and all documents which evidence any facts on the basis of which it wUl be asserted that the Defendant caused or contributed to the happening of the injuries sustained by the Plaintiff, 12. Any documents identified in your Answers to any set of Interrogatories propounded by any party to this litigation, 14. All names and addresses ofpotential witnesses which the responding party expccls to call to testit)- ill this case. 5 ,'; 15 All transcripts of testimony, minutes ofmee1inss or memoranda related to the subject incident. 16, . All pleadlnss and/or discovery in any other criminal or civil actions relatlnj to the subject matter, 17, All documents that concern, refer to or relate to any driver training conducted by the Defendant, including but not limited to, driver training in which Defendant, Thomlll G. Campbell participated. , " 6 21. All documents that concern, refer to or relate to any wriuen tests administered to Defendant, Thomas G, Campbell In conjunction with his being employed. 22. All documents that concern, refer to or relate to any disqualification of Defendant, Thomas G. Campbell to operate a truck. a truck tractor, a semi-trailer combination, bus, or a representative vehicle as involved in the instant case for uny reason whatsoever. 23. All documents that concern. refer to or relate to any physical examination, psychological examination or controlled substance testing administered to Defendant, Thomas G. Campbell in conjunction with his employment. 8 , 'I 26. For lhe dales between and including May ~, 199~, and June ~, 199~. all records of the trips made by Defendant, Thomas G. Campbell, to include, but not limited to, weight receipts. fuel receipts, bills of lading. toll receipts, shipping documents, dispatch ledger, settlement sheets. telephone communication with Defendant, Thomas G, Campbell. telephone bill receipts. computer generated dispatch records and notes. 27. Any written policies, directives, procedures or guidelines in effect: (a) as of June 5, 1995; (b) at the time of responding to these requests for production relating to the operation and use of motor vehicles, and the use of a representative tlUck/tractor as involved in the collision and as alleged in Plaintiffs' Complaint, including any safety manuals; 28, Any report. as required by 49 C.F.R., part 394, resulting from the June 5, 199~, collision, to include but not limited to a NCS-~O. T Report; 10 29. All drivers' flies pertaining to \he application. training and periodic review of Defendant. Thomllll G. Campbell throughout his employment with Trumbull Corp,. including Mr, Campbell's driver qualification files and annual reviews of his driving record since the date " of his cmployment (reference 40 C.F.R. Section 391.23). 30. Copies of any and all insurancc policics that may provldc coveragc for the injuries IlIl alleged in Plaintiffs' Complaint. 31, All documents that conccrn, rcfcr to or rclatc to any summons, tickcts or citationJ issued to Dcfcndant, Thomllll G. Campbell for having violatcd' any motor vchicle laws or ordinances (excluding parking tickcts), whethcr he Wllll acting in the scope of hi. cmployment or not. 11 JIMMY D, WHITTEN and SANDRA KAY WHITTEN, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. THOMAS G. CAMPBELL and TRUMBULL CORP.. : CIVIL ACTION. LAW Defendants v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Additional Defendant : NO. 96-6842 INTERROGATORIES OF THE COMMONWEAI.TH DEFENDANT DIRECTED TO THE PI.AINTIFFS PLEASE TAKE NOTICE that you are hereby required. pursuant to the Pennsylvania Rules of Civil Procedure, to t1le and serve upon the undersigned, within thirty (30) days from service hereof. your full and complete answers in writing and under oath to the following interrogatories. These interrogatories are continuing, and any infonnation secured subsequent to the filing of your answers which would have been includable in the answer had it bllen known or available, are to be supplied by supplemental answers. This means that if between the preparation of your answers to the following interrogatories and the time of trial of this case you or anyonll acting on your behalf should learn the identitjes or locations of any persons having knowledge of discoverable matters. the identities of any persons expected to be called as expert witnesses at trial, the subject matter of such exper.ted expert testimony and the substance of such expert testimony, you shall promptly furnish the samc to the undersigncd by supplemental answers. If bctween thc preparation of your answers to thc following interrogatories and the time of trial of this case you or anyone on your behalf should obtain information upon thc basis of which you know that an earlicr answcr to the following interrogatorics was incorrect when made, or, though correct whcn made, is no longcr true. you shall promptly furnish thc samc to the undersIgned by supplemcntal answers, Thcsc interrogatories arc addressed to you. but all references to you shaH be deemed to also includc references to anyone acting on your behalf. If a minor Plaintiff or decedcnt is involved, thc following interrogatories, where applicable, are to bc answered with refcrcnce to the claims of said minor or dcccdent. Thc word "incident" or "occurrence" as used herein refers to those events allegcd in Plaintiffs Complaint which allegedly caused harm to Plaintiff. Pleasc attach written materials to any answer for which written materials are available. If they arc not available, state where they may be obtained. Labelthc written material with the number of thc interrogatory to which they pertain. , ' ',' I' i" 1. Pleaae state the following: a) Your full name at the present time; b) Any other names by which you have been known; C), The date and place of your birth; I' " d) Your social security number(s); and ,e) Your present residence and your residence at the time ofthe incident listed in the Complaint. 2. Please state the following:, .:,'" a) Your marltalslalus al the lime oflhe occurrence and at the presenl time; 6. IdentifY the penon{s) named in your answers to Interrosatoriea Nos. 4 and 5 above who are related by employment or other usoclatlon to Plaintiff on the date of the Incident, and IpCl;lfY the nature of their relationship. f t,..' Ai:" I, . , IiI "',I ri,. I'i ,I, ,1' {,l tv': -,~: -I', 1 D 'I , , I, " . , " t~ I 1.~' " x.'.~ i;..',' ;d,\ , j.. hl'j ..~ ' ~;,r 11',','." 1'\'-,' ~,,"; ','."'~." : j'. ; :'1' ..~ ~ ,f" ';\~! ~\' ~' Ll.: I,f' ,I, " \ 7. State the names, personal and bualneas addrelSel, and lpeclaltlea of any experts you expect to call at trial. , ~; f' ;1':1.' i' It.,:.- " , ~' f '" '.T".' 5 8. For each expert expected to be called at trial. state: a) The precise subject matter on which the expert(s) is expected to tes~iry; ..'1 " . O'i 'I': li J' (. , ., n ,i " )' ,,' " b) All facts and opinions reported to you by each expert; /. , , ! ," I.f. " 6 'I, I,.! c) A summation oCthe grounds Cor each opinion held by lhe above experts; f; " . , d) Please attach a copy oC each and any report, memorandum, or other writing received from the expert, and any memoranda oC any oral discussions had with same; and e) The Cactual inCormation and materials supplied to the above-named expert(s). ,~~. ~' ' , ,7 9. List all appearances in court by each expert for the put ten years. State the subject of his testimony and the part for whom he testified. , , , , 10. For each such expert identified in Interrogatory No. 7 above, state the following: a) Each school attended by said expert, including the years in attendance and the degree received; " 8 '~ _"I , ,~ It;, /1, b) Any speciaUzed training in the expert's area of expertise; and I,. , " , ' I' c) A list of all publications (including but not limited to articles. books, papeD, seminar materials, speeches, etc.) authored by each expert. including the tille of each work. the name and date of the periodical or book in which it was printed, the date of i1s printing, and the name and address of the publisher. ! ,l':!" 9 If any of the individuals identified in answer to Interrogatory No, 7 have prepared a curriculum vitae containing the requested information above, you may attach a copy of same in lieu of answering this Interrogatory as to each such expert, II, Identity all promotional items, including but not limited to advertisements, circulars, brochures, pamplVets, leaflets, writings and other such items the expert witnesses identified in the preceding Interrogatories currently use or have used in the past to promote their services as expert witnesses. 12. Ifin answer to any Interrogalory you have attached a copy ofa report, docs the expert have additional opinions or have knowledge of any additional factual matter not contained in said report? Iho, state: a) The flll.ts and opinions not contained in the reports; and ," 10 ~' , (II '_1, ~i, I 14. State the date on which written notice of claim, pursuant to 42 Pa. C.S. 05522, wu slven, and state the names and addresses to which said notices were sent, attschlns copies of said notices. l. l' 1\ " , , . " "I '" , 15. State In detail every injury, complaint, illness, or disability you claim resulted from the incident referred to ,In the Complaint. o-,:'il , , 16. Have you fully recovered from any of your il1iuries, and ifso, state the approximate date of recovery. If you have not recovered from any of your iqjuries, state thoselnjurles &om which you have not recovered, and in what respects you have not tbIly recoVered. IJ' II"t I 7. State the name and location of every hospital, clinic, or other health care liclllly In which you have been examined or treated due to the il1iuries you claim resulted &om the Incident referred to in your Complaint, and for each institution attach all record., bills, or other documents relative to each such examination or treatment. 18. Identify all health care providers, vocational consultants, or other professionals who have examined, tested, treated, or consulted with Plaintiff regarding the injuries alleged to have resulted from the incident referred to in the Complaint, and state: a) Names and addresses; b) Date(s) of visits: c) Re~n(s) for seeing these individuals; ,0, .r. 14 I' . , . )'1,,' '{ 20. Have you ever suffered any il1iuries In any a.:cldent, either before or after the incident referred to in the Complaint? 'n''- \'^ ," I ~ll (/' 1 ~'tJ I '~L, "1;, Iho, please state: " 11, , " , a> Date and plaCe of such Il1iury; \'1 " b) A cletailed description ofall the iqjuries you received; , ' " , . " .t.:" 16 24. Please state: a) The nature ofPlaintltl's employment at the time of the Incident referred to In the Complaint; b) The name and address ofPlaintiCl's employer at that time; c) The amount aIId rate ofPlaintitl's earnings at that time; ,_'." 21 25. Give a briefstatement of how you contend the occurrence took place. Include <a) the identity of all persons and instrumentalities in the vicinity, and (b) the exact place of said occurrence with reference to specific objects or landmarks. Please draw a diagram to show the exact locations of all persons and instrumentalities in the vicinity. 26. Has Plaintiff ever drawn Social Security benefits for disability? If so, please state: a) PlaintiCl's residence at the time; b), The Social Security office at which Plaintiff filed the claim; ,', 23 1_.", ,', l.,~'''''''''" ..' ...- ...... ,"",,-. .' , c) The nature, extent and cause of the disability; and d) The length of time of such disability, includins the beSInninS and endlns datu. 27. Is Plaintiff now receiving, or has Plaintiff ever received, any disability pension,lncome, or imurance, or workers' cQmpenaation, from any person or entity? If so, please state: a) The nature of any such payment; b) The date such income was received; 24 f) Whether Plaintiff had any disability at the time of the occurrence, and Ifso, the nature and extent ofsuch disability. " 28. Has Plaintiff ever made a claim for lost wases or Income, whether as a result of the subject occurrence or for any other reaaon? If so, please state: a) Did Plaintiff continue to receive any wages or profits from Plaintiff's employer or business during the time Plaintiff was allegedly disabled? b) The nature and amount of wages or income Plaintiff received durlnS the time Plaintiff was allegedly disabled; and 26 c) The name and address of the person or entity who made payments to ,the Plaintiff. 29. Has Plalntlffmade a claim for benefits under any medical pay coverage or policy of Insurance relating to injuries arising out of the incide~t referred to in the Complaint? If so, please state: a) The name of the insurance company or organization to whom said claims were made; b) The date of the claim or application; c) 'The claim number and policy number; 27 , " ,. \ [I " d) Whether other such claims were paid, and if .0, the nature, amount, and period of time received; " e) Whether the company required Plaintiff to assign to it any rights of recovery Plaintiff may have had against others; and f) Whether the limited tort option was exercised under any ofthe policies. 30, Has Plaintiff ever made any claim or filed any lawsuit for personal injuries or physical or mental conditions? If so, please state: a) The injury or condition for which such claim is made; 28 . b) The name and address of the person, form, or corporation to whom or against it was made; and c) The date it was made and the nature and amount of any payment or judsment received. 31. Describe in detail each and every action you took in order to avoid the alleged occurrence and subsequent il1iuries. " " 29 32. State the name and address of each school, college or other educational or vocational imtitution which you have attended, listing the datel of attendance and the course of ltudy. Include on-the-job and specialized training which you have received. 33. State whether any agreement, tacit or written, has been entered into by any person or entity concerning settlement, limitation of liability. or any relinquishment of rights concerning or related to the incident referred to in the Complaint. Please attach a copy of any agreements or releasel to your Answers. ," , 30 . 34. Itemize and describe in detail all damsges allegedly IUltained by Plaintiff (includins dollar amounts, if applicable) for which claim Is being made, and all evidence that supports such allegations. , , " 35. State whether you have ever been arrested or convicted, and if so, then state the charge, disposition, date of disposition and the court in which it was processed. ," ". , 1,\ ,I, 31 I , , , , '. 1,1, 36. Describe In detail what you know as to the intention. of Plaintiff, immediately prior to the occurrence, with respect to Plaintiff's career or future eaminss, includina all information you have regarding measures planned or undertaken in order to achieve those , Intentions and how the occurrence has affected the chance of such achievement. " " D. MICHAEL FISHER. Attorney General M. POPI CK Deputy Attorney General By: Torts Lltiaation Section 15th Floor, Strawberry Square Harrisbura, PA 17120 717-783-1943 - Direct Dial DATED: January 6,1998 ," " 32 " 1'1' ", .' . JIMMY D. WHITTEN and SANDRA KAY WHITTEN, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. THOMAS G. CAMPBELL and TRUMBULL CORP., : CIVIL ACTION - LAW Defendants v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Additional Defendant : NO. 96-6842 CERTIFICA TE OF SERVICE I hereby certify that I am this day serving the foregoing Interrogatories upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: KAREN DURKIN, ESQUIRE JAMES. SMITH & DURKIN P.O. BOX 650 HERSHEY. PA 17033-0650 (Attorney for Plaintiff) JOHN A. ROBB, JR., ESQUIRE ROBB. LEONARD & MULVIHILL 2300 ONE MELLON BANK CENTER PITTSBURGH. PA 15219 (Attorney for Defendants) Torts Litigation Section !Sill Floor, Strawberry Square Harrisburg. P A 17120 717-783-1943- Direct Dial DATED: January 6,1998 " I; , .... D ." " I " r . ~. JIMMY D. WHITTEN IlJld SANDRA KAY WHITTEN, his wife, Plaintitls IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96.6842 THOMAS B. CAMPBELL and TRUMBULL CORPORATION, Defendants : CIVil ACTION. LAW v. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, JURY TRIAL DEMANDED Additional Defendant CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.:12 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintitls Jimmy D, Whitten IlJld Sandra Kay Whitten certify that: (I) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the: subpoena is sought to be served; (2) a eopy of the notice of intent, including the proposed subpoena. is attached to this certificate; (3) (4) no objection to the subpoena has been received; and the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~" , Date: i-rfi "\ l . ..., .' JIMMY D. WHITTEN and SANDRA KAY WHITTEN, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 96-6842 THOMAS B. CAMPBELL and TRUMBULL CORPORATION, Defendants : CIVIL ACTION - LAW , ' v. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, : JURY TRIAL DEMANDED Additional Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs Jimmy D. Whitten and Sandra Kay Whitten intend to scrve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served, Date: ~;;.~~r " , ~. lJ') 0 t,: Ll~ ., ~~5 .I~ to. .. 1'1r.;, ('oJ I, i'l_l ( ).,. :~ .: J ~1" ... . 1".- (,.. "\;;'i l... ,-<; 1"C 'n :.,I'~ r',/'. .:) ;f~ l..ll' . I II '-5 fr! I ~, ;;;J , "t-S: , -l ~'. 'I, en ~:) U 0'> U , . . JIMMY D. WHlTfEN and SANDRA KA Y WHlTfEN, his wife, Plaintills : IN TUE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96.6842 THOMAS B. CAMPBELL and TRUMBULL CORPORATION, Defendants : CIVIL ACTION. LAW v. COMMONWEAL TII OF PA. DEPARTMENT OF TRANSPORTATION. : JURY TRIAL DEMANDED Additional Defendant CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA r.URSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena tor documents and things pursuant to Rule 4009.22, Plaintiffs Jimmy D. Whitten and Sandra Kay Whitten certify that: < \) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent. including the proposed subpoena. is attached to this certificate; (3) no objection to the subpoena has been received: and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, /~ Date: (-'" ...,..-........ .-.. .'.. ,- . . JIMMY D. WHlTIEN and SANDRA KAY WHlTIEN, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 96.6842 THOMAS B, CAMPBELL and TRUMBULL CORPORATION, Defendants : CIVIL ACTION - LAW v. COMMONWEALTH OF P A, DEPARTMENT OF TRANSPORTATION, : JURY TRIAL DEMANDED Additional Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs Jimmy D, Whitten and Sandra Kay Whitten intend to serve a subpoena identical to the one that is attachcd to this notice. You have twcnty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: I~/~/fj .[' <XJM)tlWEIWl'H 01' PDHlYLVl\NIA CXXlNl'Y 0' aJMBmLAND JIMMY D. WHITTEN and SANDRA KAY WHITTEN, his wife v. File No. . 96-6842 THOMAS B. CAMPBELL and TRUMBULL CORPORATION v. COMMONWEALTH OF PA, DEPT. OF TRANS. pPOENA TO PRCO n: DOC:1.t'ENTS OR TH I NI3S FOR 0 I SOOVERY MSUANT TO RU.E 4009.22 TO: Paul Evanko, Commissioner, PA State Police (NIITIe of Person or Ent i ty) Within twenty (20) days aft.,. service of this subpoena, you are ordered by the court to prociJce the follOwing docunents or things: Copies of any and all materialsi.n the investigatlve fil~pertaining to the motor vehicle accident of 6/5/95, incident no. S13-567595 at James.L...J!.l!lith, Durkin & COnnelly, LLP, 134 Sipe Avenue, Hummelstown, PA (AddI"ess) 17036 You may del iver or mai 1 legible cc\pies of the docunents or pr"oduCIl things requested b\ this subpoena, togethr with the certificate of CCIl'Qlfsnce, to the party making thil reque.1t at the address listed above. You have the right to seek in advance the reasonab II cost of prlloaring the copies or producing the things sought. ,f you fail to produce the docunents or things required by this subpoena within twenty (20) daYll after its serv~cll. the party serving this subpoena may seek a court order OCIlI'Qell ing you to 0CIlI'Q Iy with ft. THIS SUBPOENA WAS ISSUED AT THE RE<lJEST OF llE FOLLCNlING PERSON: ~: Karen Durkin, Esquire AOORESS: P.O. Box 650 Hershey, PA l70V TELEPHONE: (717) 533-3280 SU"REfoE COlRT I D I 29563 ATTORNEY FOR: Plaintiffs BY llE exulT: Prothonotry/CI erk, Civil Division DATE: Sea I of the Court Deputy (Eft. 1/97) >. ":"0 ?; % c: , ',. , ,. ~ ,.; r, ..,. ("') IU. . l.:)~-) ( 1<. :c; l.):e .. ~ ( , ',I.... <I.. ()~ "I '")(:. G" It') ~~ ..1,_,' 'L:1j ~ll' J 1II1 ll? I :J :In. r -" ~ t; lL- " f.J,. m .:l Q ()'\ U , .... ,.. i'; I,: .'1 i'1,. .. ,,) "-: 11;',1 ,,,: 1.1 . f. )", .,~. '. .', C I, ...... ( ";:~ ...... ') In : {Jl ( Ir.'~ 1,1-: f:' , "llt) ", f'l~ , ..} ..~ ~'j r, " 0'\ /'.j t', :3 , I I j. q !~2 i j 1 , ,i "1 1;" ~; I' " r ~' ' I I' Ii . . ~r;' r\'J;~ ~.: rl'i \ .,1 '\". 1(." t;'~1' , r I~I \ \',:t\r'\ t,," :i:'o; It'i r)il ,,_'.J It" l,r','1 ,{.i; I,';) , "t (~ i: k"\i ;'>i" JIMMY D. WHITTEN and SANDRA KAY WHITTEN, his wife, Plaintill's : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 96.6842 THOMAS B, CAMPBELL and TRUMBULL CORPORATION, Defendants : CIVIL ACTION. LAW v. ", i'.. < ~ : . , I , " COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, Additional Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this day of _, 1999, upon consideration of the ; " {; ~:k; 1;'1 , " r''i, \, within Motion, Defendants' objections to the subpoena directed to Mancke, Wagner, Hershey &. Tully arc hereby OVERRULED. Said subpoena can now be served pursuant to Pa.R.C.P. ,f ,II, 4009.21 (a). I" ',' !' I By the Court: '" " '0,',1, L ,t ,.1, l'.r ,.. f ,~~ ,;[, . j, ,'I; J. ., , ,I, /;'" 'J .'1: ,'I' '1,1 JIMMY D. WHITTEN WId SANDRA KAY WHITTEN. his wile. Plaintil1s : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 96-6842 THOMAS B. CAMPBELL Wld TRUMBULL CORPORATION, DetendWlts : CIVIL ACTION - LAW v. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION. : JURY TRIAL DEMANDED Additional Detendant MOTION OF PLAINTIFFS PURSUANT TO PA.R.C.P. 4009.2Ud)l1l FOR RULING ON DEFENDANTS' OBJECTIONS TO SUBPOENA NOTICED UNDER PA.R.C.P. 4009.2Ha\ AND NOW. come the Plaintiffs. Jimmy D. Whillen and SWldra Kay Whitten, by and '" through their allomeys. James. Smith. Durkin & Connelly. LLP. to move this Honorable Court to mle on objections filed by Detendllllts Thomas G. Campbell WId Trumbull Corporation to a subpoena noticed by Plaintiffs under Pa.R.C.P. 4009,21(a). and in support thereofaver the following. I. This suit arises from a motor vchiclc accident. which occurred on June 5. 1995 in which two tractor-trailers collided on J.83 in Lemoyne. Cumberland County, ",l I II Pennsy I vania. i; 2. Plaintitl' Jimmy D. Whillen sustained serious personal injury a~ a result of said collision. including but not Iimitcd to injury to the large intestine. injury to the , , , sigmoid colon. fracture of the lell ulna and fractured ribs. 3. Pa.R.C.P. 4009.21 (a) provides as tallows: t J, 'i , "': (a) A pllrty seeking production Irom a person nota party to the action shallgiw wrilten notice to every other party of the intent to serve a subpoenaalleast twenty days betol'llthe date lIf service. A copy of the subpoena proposed to be served shall be altached to the notice. 4. By lelter ..luted June 21. 1999. Plainlills served two (2) Notices of Inlent with their proposcd subpoenus upon counsel for DdcndWllS und Additional Dclcndant. pursuant to Pa.R,C,P. 4009.21(u). (See Exhibit "A") 5. PuRC.P. 4009,21(c) provides as follows: (b) Any party may object to the subpoena by tiling of record wrilten objections und serving a copy of the objections upon every other party to the action. 6. By lelter dated July 1. 1999. counsel for Defendants served Plaintills and Additional Defendant with Objections to Subpoena Pursuant 10 Rule 4009.21. (See Exhibit HBU) 7. PaRc'P. 4009.2I(d)( I) provides a~ tollows: (d)( 1) If objections are received by the party intending to serve the subpoena prior to its service. the subpoena shall not be served, The court upon motion shall rule upon the objections and enter an uppropriate order. 8. Pursuant to Pu,R,C.P. 4009.21(d)(\). PlaintitTs request that this Honorable Court rule on the Objections to Subpoenas. 9. The proposed subpoena to which Defendants' counsel objects is directed to the law offices of Mancke. Wallner. Hershey & Tully. who represented Detcndant Thomas G. Cumpbell in the defense of criminal charges brought as a result of this motor vehicle accident. 10. David Hershey. Esquire. who represented Ddendanl Thomas G. Cumpbell in the criminal malter, recordcd the proceedings before Dislrict Justice Charles A. Clement. Jr. on December 20. 1995. II. The proposed subpoena to which Delcndants' objects seeks "nil statements, transcripts, recording~. interviews, or memoranda or summaries of stntelnents. transcripts, recordings. interviews of any party. person or witness. their agents or employees. "ith knowledge of the tacts pertaining to the criminal action in this mailer. except lIS precluded by Pa.R.C.P. 4003.5". 12. The recording requested in the proposed subpoena is ..e1evantto the within civil action or reasonably designed to lead to relevant discoverable infomlation. 13. Defendants' counsel objects to the proposed subpoena lIS requesting documentation or recordings protected by the Allomey/Client Privilege and/or Work Product Doctrine. 14. Defendants' counsel fails to state how unwarranted prejudice could result if this documentation is made available to the Plaintiffs. IS. Defendants' counsel in the within civil action was not involved in any way in the criminal defense of Defendant Campbell. and as such has no standing under the Work Produce Doctrine to object to a subpoena directed to Allomey Hershey and his law firm. WHEREFORE. Plaintiff Jimmy D. Whillen and Sandra Kay Whillen respectfully request that this Honorable Court rule to dismiss Defendants' objections. so the subpoena may be served. . ...---.. JIMMY D. WHITTEN BIld SANDRA KAY WHITIEN, his wife, PlllintilTs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ': NO. 96.6842 THOMAS B. CAMPBELL BIld TRUMBULL CORPORATION, DefendBllts : CIVIL ACTION. LAW v. COMMONWEALTH OF PA, DEPARTMENT OF TRANSPORTATION, : JURY TRIAL DEMANDED Additional D~fendant NOTICE OF IN1:ENT TO SERVE A SUBPOENA TO PRODUCt DOCUMENTS AND THINGS FOR DISCOVERY rURSUANT TO RULE 4009.21 Plaintiffs Jimmy D, Whitten and Sandra Kay Whitten intend to serve a subpoena identical to the one that is attached to this notice, You havc twenty (20) days from the date listed below in which to m~ of record and serve upon the undersigned an objection to the subpoena, If no objection is made the subpoena may be served, Date: y?~/ff- t..--- /' <nM)tlWElWl'I! OF PENNSYLVANIA o:xlNl"l OF aJHBmIAND JIMMY D. WHITTEN and SANDRA KAY WHITTEN, his wife v. File No. 96-6842 THOMAS B. CAMPBELL and TRUMBULL CORPORATION v. COMMONWEALTH OF PA, DEPT. OF TRANS. SUBPOENA TO PRcn.a: OOOJoENTS OR TH I NGS FOR DISCOVERY PU'lSUANT TO RULE 4009.22 TO: Law Offices of Ma~e, Wagner, Hershey & Tully (NlIllll of Person or Ent ity) Within twenty (20) days after service of this subpoena, you ~e ordered by the court to produce the following docunents or things: All statements, transcri ts, recordings, interviews, or memoranda or summaries 0 statements, ranscr pts, recordings, luLcI.. v l"wl:) vi Aui to'e.:" L}', perecl\ or \;1 taeae, t.heir 8geftia a1' em~eB, -,Ii trA-- knowledqe of the facts pertaining to the criminal action in thIs matter, e~cept as precluded DY Pa.K.~.~. ~uu~.~. ' at JAmAs. Smith. Durkin & COnnellv, LLP, 134 Sipe Avenue, Hummelstown, PA (Address) 17036 You may del iver or mai I legible copies of the doct.rnllnts or produce things requested b) this subpoena, together with the certificate of caT'Clliance, to the party making thh request at the address I isted, above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. If' you fail to produce the docunents or things required by this subpoena within twenty (20) daYIl after its serv~ce, the party serving this subpoena may seek a court order COTl:lelling you to carply with it. nus SUBPOENA WAS ISSUED AT THE REQUEST CF THE FOLLCWING PERSON: NAME: Karen Durkin, Esquire ACOfIESS: P.O. Box 650 Hershey, PA 17033 TELEPI-()NE: (717) 533-3282 Sl.f'ReE co.RT ID'_ 29563 ATTORNEY FOR: plaintiffs BY 11€ CCl.JlT: Prothonotary/Clerk, Civil Oivi.ion OATE: S..l of the Court Oeputy (Eft. 1/97) " IllIlItlII . ," . @ IN THE COllRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JIMMY D. WHITTEN and SANDRA KAY WHITTEN, his wife. CIVIL DIVISION Plaintiffs, No. 96-6842 vs. THOMAS G. CAMPBELL and TRUMBULL CORPORATION. OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.Z1 Defendant. vs. COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF TRANSPORT A nON, Additional Defendant. FILED ON BEHALF OF: DEFENDANTS THOMAS G. CAMPBELL AND TRUMBULL CORP. COUNSEL OF RECORD FOR THIS PARTY: JOHN A. ROBB, JR., ESQUIRE PA J.D. #16414 ROBB. LEONARD & MULVIHILL FIRM #249 2300 One Mellon Bank Center Pittsburgh. PA 15219 412/281-5431 JURY TRIAL DEMANDED PRAECIPE FOR LlSTI:-IG C."'SE FOR ....RGl.'ME:-IT I MUlt 1M typ.wrin.n 3IId submined In dUpUClltel TO THE PROTHONOnRY. OF Cl:~IBERL.""'iD COl.:~TY: PI.... UtI the wilhln mall.r fOI ~hl next: o Pr.. Trilll Arlum.nt C -.lUlt [iJ "'lIIment C-.lUII . ---------------------------------------------------------------------- CAPTION OF CASE (.nlln caption mUll b. Slat.d In full) , JIMMY D. WHITTEN and SANDRA KAY WHITTEN, his wife . (Plalntill) VI. THOMAS G. CAMPBELL and TRUMBULL CORPORATION (Defendant) VI. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION So. Clvll 96-6842 19_ l. Slat. mlu.r to b. UIII.d 0.1.. p4inli!fs motton ,'or new m:ll. d.f.ndant', d.murrer 10 .;ompl;lint. etc.): Plaintiffs' Motion for Rule on Objections to Subpoena Id.ntify cOUllII1 who will arlll' .;:ut: . .. (a) for pIWlllf!: Karen Durkin, Esquire (b) ford.i.nd:ll\t: John A. Robb, Jr., Esquire (c) for add. def.: Daniel R. Goodemote, Esquire 3. I will noti!y all pant" In writln, wl:.'tin twO day' that ~hil .;:ue has bttn Utlld for ulllm'l\t._" Dtlld: July 14, 1999 " " , '~ II~ 'r t" IiIJj; ., i: , .~; i 'I, " i ,il I " I' I: , , ~ ':t i'." V"[i i, j" '! " ;'1 I,. ''I 'H r. , t;; ,... ~ .:J I~ .. ,j~ " ,("I M It.. :. ();'.. ~ (J<( t",. " E~: ]:::. '. ...-, , "-,, /} lrl .~- d, -' ~h t..... -;:J I..'J ' , ., L',. C"l a Q a\ ;\', , , .1,1 ( I,:; '. 1',1 '1, H ~, , I.:: "'. " ',1,., ,'1', , ,I " "