HomeMy WebLinkAbout00-02098
,-,
-'~"""lli,'",k'";
. \
HOWARD O. THOMPSON,
Executor of the Estate of
CHARLOTTE THOMPSON,
deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00-2098 CIVIL
vs.
MARY YORDY,
Defendant
WRY TRIAL DEMANDED
IN RE: DEFENDANT'S MOTION TO COMPEL
ORDER
/' ~
AND NOW, this " day of May, 2001, a brief argument on the defendant's
motion to compel is set for Thursday, June 7, 2001, at 2:30 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, P A.
BY THE COURT,
:rlm
~;t
Karl Hildabrand, Esquire
For the Plaintiff
Dennis Bonetti, Esquire
For the Defendant
I 0'
~
".\
i,'k~i1l;"'''...-.icl''-''I~@I~H#l!NiI!lIlf~ilitlltlilm.liitl!~_~ki:rdli>ll~~~_#"'''"'''"''~."'lt '~'O~'",-_ iill'~illiiIii!!lti~~IiilIIIi. --
/
,ui\!n~~;;I;Y;~0Jtt"%~;'n
, '-i'VlfJ
III : i
91 ,I "'il .
, I\OJ.,l[ :p
___~ ~ ^ "~e~ ~,~^'~ e~'~'" ." .,_ "_~ _ ,,_
^ A ~"~,,~~, _ '.
jj - ~
'",".Lo'
,,1>"
""""--0, _...u.,.j'
,. k'
~--,~
- ,.
""
.
"~, ~!~'
.
MAY 11 2001~
HOWARD O. THOMPSON,
Executor of the Estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
ORDER
AND NOW, this
day of May, 2001, upon consideration of Defendant, Mary
Yordy's Motion to Compel Plaintiff's Production of Expert Reports,
IT IS HEREBY ORDERED that Defendant, Mary Yordy's Motion to Compel
Plaintiff's Production of Expert Reports is hereby GRANTED. Plaintiff shall provide full and
complete answers to Defendant, Mary Yordy's Interrogatories Nos. 2 and 3 and provide full
and complete responses to Request for Production of Document No.6.
By the Court:
J.
'~', ," ;~.'." '> '
~ ':l>l ~~'lti1
.
HOWARD O. THOMPSON,
Executor of the Estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this
day of May, 2001, upon consideration of Defendant, Mary
Yordy's Motion to Compel Plaintiff's Production of Expert Reports, it is hereby ordered that a
Rule be issued on the Plaintiff to show cause why the relief requested in Defendant's Motion to
Compel should not be granted. This Rule is made returnable
days from service.
By the Court:
J.
" ~li" .
.
HOWARD O. THOMPSON,
Executor of the Estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
DEFENDANT. MARY YORDY'S MOTION TO COMPEL PLAINTIFF'S
PRODUCTION OF EXPERT REPORTS
AND NOW, comes Defendant, Mary Yordy, by and through her counsel, Peters &
Wasilefski, and hereby submits as follows.
1. This matter was initiated by Plaintiffs filing of a Complaint against Defendant,
Mary Yordy concerning allegations of negligence arising out of an incident that occurred on or
about December 30, 1999.
2. During the course of. discovery, Defendant, Mary Yordy propounded
Interrogatories on the Plaintiff on August 3, 2000. (See, Defendant's Certificate of Service
concerning the Interrogatories attached hereto as Exhibit "A").
3. In her Interrogatories, Defendant, Mary Yordy specifically asked the following:
2. Please supply the following information as to any and all experts
who you expect to or may call at trial to testify on any aspect of
this case:
(a) His or her full name and address;
(b) The titles, publication names, dates and page numbers and
present source for all writings and speeches;
W~
~:w;..:
..
c
ii'
I:'
",
i'
I
,
"
j
I
, '"--~".
" "
-~'" ." .,.,' fr' J '~ , ",
"'-
~9.
..:
<
(c) The subject matter and substance of the facts and opinions
to which the expert mayor is expected to testify;
(d) A summary of the grounds for each opinion.
3. With respect to each expert witness previously identified, state:
(a) If the opinion of any expert listed is based in whole or in
part on any code or regulation, governmental or
otherwise, state the nature of any such code or regulation,
identifying it by title or description, setting forth the name
and date of publication and page number, and specifically
set forth the section relied upon;
(b) If the opinion of any expert listed is based in whole or in
part upon any scientific rule or principle or scientific or
engineering textbook, or any other publication, set forth
said rule or principle or set forth the name of said
textbook or publication, its author, the date of publication
and the specific portion of said textbook or publication,
giving chapter and page numbers.
See, Interrogatories Nos. 2 and 3 which are attached hereto as Exhibit "B".
4. Plaintiff answered the Interrogatories as follows:
2. Objection. This Interrogatory is objected to, to the extent it seeks
information beyond the permissible scope of discovery. Without
warning (sic) the foregoing objection, trial experts have not yet
been determined.
3. See response to Interrogatory No.2 above which is incorporated
herein by reference.
See, Plaintiff's Answers to Interrogatories Nos. 2 and 3 which are attached hereto as Exhibit
"C".
2
, ~ I~
!Illi;M)1ll" ",i~~~,;"
,(
5. Defendant, Mary Yordy also propounded Request for Production of Documents
on Plaintiff on August 3, 2000. See, Defendant's Certificate of Service concerning the
Request for Production of Documents attached hereto as Exhibit "D".
it
6. Specifically, Defendant, Mary Yordy requested the following:
6. Reports and curriculum vitae of any and all experts who
will testify at trial.
See, Defendant's Request for Production of Documents No.6 which is attached hereto as
~ '
Exhibit "E".
j'
7. Plaintiff responded to Defendant, Mary Yordy's Request for Production of
Documents NO.6 as follows:
6.
Trial experts have not yet been determined.
r
i
,
i
I
!
i.'
See, Response of Plaintiff to Defendant, Mary Yordy's First Request for Production of
Docum.ents which is attached hereto as Exhibit "F" .
8. On November 7, 2000, Defendant, Mary Yordy's counsel sent a letter to
Plaintiff's counsel which included the following request:
I suggest that you provide all your expert reports to me as soon as
reasonably possible.
See, November 7,2000 letter of Defendant, Mary Yordy's counsel which is attached hereto as
Exhibit "G".
9. Again, by letter dated January 23, 2001, Defendant, Mary Yordy's counsel
again requested copies of Plaintiff's expert reports. Specifically, the request follows:
Finally, you indicated months ago that you would be providing me with
an expert report with regard to the damage aspects of this case. Please
3
H
. ',.c,
.,.,'. .,0.
advise when you expect' to provide this to me. I would appreciate
receiving it within the next thirty days.
See, January 23, 2001 letter of Defendant, Mary Yordy's counsel which is attached hereto as
Exhibit "H".
10. After sending the January 23, 2001 letter, undersigned counsel received a
telephone call from an associate of Plaintiff's counsel's office in which he was advised that
Plaintiff's expert reports would be forthcoming.
11. Finally, on April 26, 2001, Defendant, Mary Yordy's counsel again requested
copies of Plaintiff's expert reports. See, April 26, 2001 letter of Defendant, Mary Yordy's
counsel which is attached hereto as Exhibit "I".
12.
Rule 4006 states as follows:
Each Interrogatory shall be answered fully and completely unless
objected to, in which event the reasons for the objection shall be
stated in lieu of an answer. An answer shall be signed by the
person making them, and the objection shall be signed by the
attorney making them. The statement of an objection shall not
excuse the answering party from answering all remaining
Interrogatories to which no objection is stated. The answering
party shall serve a copy of the answers, and objections if any,
within thirty days after the service of the Interrogatories. The
parties submitting the Interrogatories may move the Court to
dismiss an objection and direct that the Interrogatory be
answered.
Pa.R.C.P. No. 4006(a)(2) (emphasis added).
13. Rule 4009.12 provides as follows:
(a) the party upon whom the request [for production of
documents] is served shall within thirty days after the
service of the request:
4
"'lIlI~~"~\
,
,
i;
l'
l
~'~
!:
i
i~
,
ii
Ie
,I"
"
i;
"
;;
....~1b.l,
~
,
!';
1.
serve an answer including objections to each
numbered paragraph in the requests, and
ii>
k
~j;
I;'
\;;
i
i;
I'
!1,
2.
produce or make available to the parties submitting
the request those documents and things described
in the request to which there is no objection.
(i) when the documents may be identified only
after review of a large group of documents,
and the burden of identifying the documents
will be substantially the same for the parties
serving the requests as for the parties
served, the parties served may afford the
parties serving the request reasonable
opportunity to identify the documents, to
examine or inspect them and to obtain
copies.
"',
!J
I;
I"~
'-c
r
"'
",
'"
~,
~,
j~
Pa.R.C.P. No. 4009.12(a) (emphasis added).
~;
I
:
i
I'
14.
Nine months have since elapsed from Defendant, Mary Yordy's service of her
~
!'
i
~;
~;
,
Interrogatories and Request for Production of Documents on Plaintiff.
15. To date, Plaintiff has not identified the experts he will call at trial in support of
his claim.
16. Rule 4003.5 provides as follows:
a) Discovery of facts known and opmlOns held by an expert,
otherwise discoverable under the provisions of Rule 4003.1 and
acquired or developed in anticipation of litigation or for trial,
may be obtained as follows:
1. A party may through Interrogatories require:
a. any other party to identify each person whom the
other party expects to call as an expert witness at
trial and to state the subject matter on which the
expert is expected to testify and;
5
~ ,'.'
" ~
~',~',," ", "
,,~~" "~
~_.
II '---~ ,.' . ~lWItmP'>'
(
,
b.
the other party to have each expert so identify state
the substance of the facts and opinions to which the
expert is expected to testify and a summary of the
grounds for each opinion. The party answering
the Interrogatories may file as his or her answer a
report of the expert or have the Interrogatory
answered by the expert. The answer or separate
report shall be signed by the expert.
i.
i:i:
'.
;,
;(
Pa. R.C.P. No. 4003.5(a); see also, Klvman v. Southeastern Pennsvlvania TransD. Authoritv.
"
~~
331 Pa. Super. 172,480 A.2d 299 (1984)
;;
;,
J!'
17. Plaintiff has not responded fully to the formal expert discovery propounded by
,
I
I:
Defendant, Mary Yordy.
18.
Rule 4003.5 further provides as follows:
f
I
f
I::
b. an expert witness whose identity is not disclosed in compliance
with subdivision (a) (1) of this rule shall not be permitted to
testify on behalf of the defaulting party at the trial of the action.
Pa. R.C.P. No. 4003.5(b).
19. In order to properly prepare a defense in this matter, Defendant, Mary Yordy
requires full and complete answers and responses to her expert discovery requests.
20. Rule 4019 provides that:
(a)(1) The Court may, on motion, make an appropriate Order if:
(VIII) A party or person otherwise fails to make
discovery or to obey an order of Court respecting
discovery .
(c) The Court, when acting under subdivision (a) of this Rule
may make:
6
~,
"
.',
,
,~' ,"-'-'~ ',,~,
~ ,
l"'f",.IIio")Il1";'~;".(',
5 . such Order with regard to the failure to
make discovery as is just.
Pa.R.C.P. No. 4019,
WHEREFORE, Defendant, Mary Yordy respectfully requests that this Honorable
Court enter an Order compelling Plaintiff to provide full, complete and adequate answers and
responses to Defendant, Mary Yordy's expert Interrogatories and Request for Production of
Documents. Specifically, Defendant, Mary Yordy seeks an Order compelling Plaintiff to
provide full, complete and adequate answers to Interrogatories Nos. 2 and 3 and a complete
response to Request for Production of Document No.6.
PETERS & W ASILEFSKI
By:
. .
ennlS , sqUlre
Attorney J.D. #34329
Dean E. Reynosa, Esquire
Attorney J.D. #80440
2931 North Front Street
Harrisburg, PA 17110
(717) 238-7555
Counsel for Defendant, Mary Yordy
Date: t /q/Cl\
7
, ^' ,~~, ,~,_.
~"~H~~ ~
.. ,
~c '"" ~~, ""'_',--, ,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Interrogatories of
Defendant, Mary Yordy, Directed to Plaintiff - First Set were served upon all counsel of
record and parties' of interest by depositing the same in the United States mail, first class,
postage prepaid, in Harrisburg, Pennsylvania, on this J/'d day of tZ:/~
2000, addressed as follows:
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(Counsel for Plaintiff)
PETERS & W ASILEFSKI
C;;te>>?r;/^.L lI~ft/C
,w
a;~~~'
'"", "
~,.,' ~
"""--,,',
.
CHARLOTTE THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V AN1A
v.
: CIVIL ACTION - LAW
: DOCKET NO.: 00-2098
MARY YORDY,
. Defendant
: JURY TRIAL DEMANDED
INTERROGATORIES OF DEFENDANT. MARY YORDY
DIRECTED TO PLAINTIFF - FIRST SET
TO: Plaintiff, Charlotte Thompson
c/o Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3200 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
WE ARE ENCLOSING HEREWITH Interrogatories propounded by Defendant, Mary
Yordy, to be answered by Plaintiff within thirty (30) days from the date of service hereof with
the request that a copy of the Answers be served upon counsel for the Defendant pursuant to
Pennsylvania Rules of Civil Procedure, Rule 4005. You are further notified that if you later
learn of any information not supplied in your Answers to these Interrogatories, you are
required by the Rules of Civil Procedure to supply the undersigned with such information in
the form of Supplemental Answers to these Interrogatories.
By:
])elm!, J. onetti, Esquire
Attorney LD. #34329
2931 North Front Street
Harrisburg, PA 17110
(717) 238-7555
Attorney for Defendant. Mary Yordy
};/-0-~..
!< f
J/J'? "
Date:
<M_";';'
,-
" ~ I '"~ '.
....,~~,y,
.
2. Please supply the following information as to any and all expens who you
expect to or may call at trial to testify on any aspect of this case:
(a)
(b)
. (c)
(d)
His or her full name and address;
The titles, publication names, dates and page numbers and
present source for all writings and speeches;
The subject matter and substance of the facts and opinions
to which the expert mayor is expected to testify;
A summary of the grounds for each opinion.
"',.R~'
.L
"~
"" ~' ~.
. ,',
"r!E"''''-''''''
3. With respect to each expert witness previously identified, state:
(a) If the opinion of any expert listed is based in whole or in
part on any code or regulation, governmental or
otherwise, state the nature of any such code. or regulation,
identifying it by title or description, setting forth the name
and date of publication and page number, and specifically
set forth the section relied upon;
(b) If the opinion of any expert listed is based in whole or in
part upon any scientific rule or principle or scientific or
engineering textbook, or any other publication, set forth
said rule or principle or set forth the name of said
textbook or publication, its author, the date of publication
and the specific portion of said textbook or publication,
giving chapter and page numbers.
~~-'> .
. _I '~,L
" ,:
O.
; 'J ~
-">=.e,;'+"
.
HOWARD O. THOMPSON, EXECUTOR:
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DOCKET NO. 00-2098
MARY YORDY,
JURY TRIAL DEMANDED.
Defendant.
ANSWERS OF PLAINTIFF TO INTERROGATORIES OF DEFENDANT. MARY
YORDY DIRECTED TO PLAINTIFF - FIRST SET
To: Mary Yordy
c/o Dennis J. Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERE, P.C.
Karl R. Hildabrand, Esquire
Attorney I.D. No. 30102
P. O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated: -3-/1'2, / CJO
r
--.
- ~-- ~=
-1-
~.,
~ = """,".~,","",-
2. Please supply the following information as to any and all experts who you
expect to or may call at trial to testify on any aspect of this case:
(a) His or her full name and address;
(b) The titles, publication names, dates and page numbers and
present source for all writings and speeches;
(c) The subject matter and substance of the facts and opinions
to which the expert mayor is expected to testify;
(d) A summary of the grounds for each opinion.
Objection. This Interrogatory is objected to, to the extent it seeks
information beyond the permissible scope of discovery. Without
warning the foregoing objection, trial experts have not yet been
determined.
-0.
. """,-,
3. With respect to each expert witness previously identified, state:
(a) If the opinion of any expert listed is based in whole orin
part on any code or regulation, governmental or
otherwise, state the nature of any such code .or regulation,
identifying it by title or description, setting forth the name
and date of publication and page number, and specifically
set forth the section relied upon;
(b) If the opinion of any expert listed is based in whole or in
part upon any scientific rule or principle or scientific or
engineering textbook, or any other publication, set forth
said rule or principle or set forth the name of said
textbook or publication, its author, the date of publication
and the specific portion of said textbook or publication,
giving chapter and page numbers.
See response to Interrogatory No. 2 above which is incorporated
i
.
I
f:
!
herein by reference.
i
I
,b;;j-"="l~""""""~ ~
~,' ~ - - -~
--..1
u-.- -,.
. ~~~-, ~
"' ........- '"""'-"""~'"-
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Request for
Production of Documents of Defendant, Mary Yordy, Directed to Plaintiff - First Set was
served upon all coUnsel of record and parties of interest by depositing the same in the United
States mail. first class, postage prepaid, in Harrisburg, Pennsylvania, on this 3 /' / day of
~
,2000, addressed as follows:
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(Counsel for Plaintiff)
PETERS & W ASILEFSKI
~/cfL ~
H;>--"~~"~'""""'"".
~--
,-.
,-I,
.""""
'~~., '
CHARLOTTE THOMPSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOCKET NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
REOUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT,
MARY YORDY. DIRECTED TO PLAINTIFF. FIRST SET
TO: Plaintiff, Charlotte Thompson
c/o Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3200 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Pursuant to Pa. R.C.P. 4009, you are hereby requested to produce the below listed
documents and/or items for purposes of discovery. This material will be examined and/or
photocopies; photograph negatives will be processed and photographs reproduced. Said
documents or tangible things are to be produced at the offices of Peters & Wasilefski, 2931 North
Front Street, Harrisburg, Pennsylvania 17110, within thirty (30) days of the date of service hereof
.
and supplemented thereafter in accordance with Pa. R.C.P. 4007.4. You are further notified that
if you later learn of any information not supplied in your Response to Request for Production of
Documents, you are required by the Rules of Civil Procedure to supply the undersigned with such
information in the form of Supplemental Responses to Request for Production of Documents.
'-',,~" - ~ ~~
= ~-
I. ~
. ~
1. All documents identified in response to Interrogatories of Defendant propounded
upon Plaintiff.
2. The entire contents of any investigation file or files and any other documentary
material in your possession which support or relate to Plaintiffs Complaint (excluding references
to mental impressions, conclusions or opinions representing the value or merit of the claim or
defense or respecting strategy or tactics and privileged communications from and to counsel).
3. Any and all statements concerning the action, as defmed by Rule 4003 .4, including,
but not limited to, statements from the parties herein, potential witnesses, or individuals with
knowledge of any discoverable matter, or their respective agents, servants or employees.
4. All photographs, videotapes, plans, specifications, drawings, tangible evidence or
diagrams prepared of the scene of the accident or any instrumentality involved therein or otherwise
pertain to the subject matter of the present litigation.
5. Any and all documents containing the names and home and business addresses of all
individuals contacted by Plaintiff or his agents as potential witnesses.
6. Reports and curriculum vitae of any and all experts who will testify at trial.
7. Any and all medical records, x-rays, physician's reports and bills, hospital records
or abstracts of same which relate in any way to the injuries allegedly afflicting Plaintiff, as well as
the treatment of any similar injuries or illnesses prior or subsequent to the occurrence of the
incident which gave rise to this action.
8. Copies of the decedent's IRS returns for the six (6) years preceding the date of the
accident in question.
~~.,.~.,",
L
~"
.
I
I
,
~-
"
i.
t
i,
i'
;
i
I
I
~:
ti
l~,*,
- -~-..
"
."""""-- ,,,,,",-.,;,,,~,,-:,
HOWARD O. THOMPSON, EXECUTOR:
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
!i'
v.
DOCKET NO. 00-2098
"
ii;
MARY YORDY,
JURY TRIAL DEMANDED.
Defendant.
RESPONSE OF PLAINTIFF TO DEFENDANT YORDY'S
FIRST REOUEST FOR PRODUCTION OF DOCUMENTS
r
I
1.
See documents attached hereto.
3.
See recorded statement of Irma Davis attached hereto as Exhibit" A" .
1';'
i
I,'
I
I
"
2.
All discoverable documents are attached hereto.
4.
See photographs attached hereto as Exhibit "B".
,.
,
,
~',
5.
Objection. This request is objected to as seeking information beyond the
j:
1:'
"
,
permissible scope of discovery. Without waiving the foregoing objection see Plaintiffs
Answers to Defendant's First Set of Interrogatories and documents attached hereto
6. Trial experts have not yet been determined.
7. See medical records attached hereto as Exhibit "C".
8. IRS tax returns could not be located, see ledger attached hereto as Exhibit "D".
9. See insurance declaration page attached hereto as Exhibit "E".
10. Trial exhibits have not yet been determined.
Document#: 184115.1
~--
"'
-~ " . - ~ - ~
11. Objection. This request is objected to as seeking information beyond the
permissible scope of discovery. Without waiving the foregoing objection, see documents
attached hereto.
Dated:
12. See police accident report attached hereto as Exhibit "F".
13. None.
14. See documents attached hereto.
15. See medical records attached hereto as Exhibit "C".
16. See ledger attached hereto as Exhibit "D".
17. See insurance declaration page attached hereto as Exhibit "E".
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
BY:~~~
Karl R. Hildabrand, EsqUIre
Attorney LD. No. 30102
P. O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
....'-r
9"/3~Vf)
2
~-""""""_'L'"
ii
!i
::i'
"
"
ie'
.......-..
.
~"
~ ~I
~~~. ~-""-'"'"'+,
PETERS & WASILEFSKI
ATTORNEYS AND COUNSELORS AT LAw
2931 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA 17110-1280
WILLIAM J. PETERS
CHARLES E. WASILEFSKI
DENNIS J. BONETTI
JOSEPH C. PHILLIPS
MICHAEL R. BONSHOCK
THOMAS A. LANG
SnPHEN F. MOORE
BRIAN C. CAFFREY
OIlAN E. REYNOSA
SHEllLA A. THURSTON
TELEPHONE 1717) 238-7555
FAX 17171 238-7750
E-Mail Addresses:
pwlaw@desupemer.ner
pwlaw@pwlegal.com
WEB SITE: www.pwlegal.com
November 7,2000
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
RE: Charlotte Thompson v. Mary Yordy
Docket No.: 00-2098
Our File No.: 4-36
I;
'"
,I;
Dear Karl:
Thank you for your letter of October 9, 2000. Since the statute of limitations has not
expired, I am willing to sign a Stipulation to amend paragraph 4 of the Complaint.
Attached is my revised Stipulation. As you can see, with the revised Stipulation,
neither of us has to file any further pleadings. If this is satisfactory, please sign the same and
file it with the Prothonotary. Kindly provide me with a time-stamped copy of the Stipulation
for my fIle.
Finally, this letter confIrms our recent telephone conversation with regard to how best
to move this matter forward. I agree that there is no reason to unnecessarily delay the
litigation of this case. However, as I reminded you, I do not have complete medical records or
any expert reports, which outlines the nature and extent of the injuries of Charlotte Thompson.
Certainly, I have been provided nothing to suggest that Ms. Thompson's death was caused by
this minor automobile accident.
I suggest that you provide all your expert reports to me as soon as reasonably possible.
Thereafter, I will need a reasonable period of time .to evaluate your reports and prepare a
defense of this matter. Under the circumstances, trying this case during the early summer of
2001 is realistic (provided that you provide the expert reports to me in the near future).
.,",~""';'
,--~ ".~
'"",.,j
"
Karl R. Hildabrand, Esquire
November 7, 2000
Page 2
Thank you for your courtesy and cooperation in this matter.
Very truly yours,
"
Dennis J. Bonetti
f!
[1
r:
!i
DJB/ekh
Enclosure
bc:
Mr. Daniel Radman, AIC
Claim No.: 011001217
;'
Ii
I:
If
~ \
..
I~
~ ,
- -~
O~ _ =
,~
"'
,,~"" - :~l , -""""''''''1",
, ,
PETERS & WASILEFSKI
ATTORNEYS AND COUNSELORS AT LAw
2931 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA 17110-1280
, ,
WilLIAM J. PETERS
CHARLES E. WASllEFSKI
DENNIS J. BONETTI
JOSEPH C. PHILLIPS
MICHAEL R. BONSHOCK
THOMAS A. LANG
STEPHEN F. MOORE
BRIAN C. CAFFREY
DEAN E. REYNOSA
TELEPHONE 17171 238-7555
FAX 17171238-7750
E-Mail Addresses:
pwlaw@desl.lpernet.net
pwlaw@pwlegal.com
WEB SITE: www.pwlegal.com
January 23, 2001
"
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
RE: Charlotte Thompson v. Mary Yordy
Docket No.: 00-2098
Our File No.: 4-36
Dear Karl:
Although we have received copies of the records from HCR-Manor Care, they have
faxed me a revised authorization, which I supposedly need to obtain the records.
Enclosed is the authorization required by HCR-Manor Care. Could you kindly have
Mr. Thompson sign the authorization, then return the same to me. I will provide it to Manor
Care and advise that we have already received the records.
Finally, you indicated months ago that you would be providing me with an expert
report with regard to the damage aspects of this case. Please advise when you expect to
provide this to me. I would appreciate receiving it within the next thirty days.
Very truly yours,
Dennis J. Bonetti
DJB/ekh
Enclosure
be: Mr. Daniel Radman, AIC
Claim No.: 011001217
-
, ~ "
u.
~""-"""""",
,---
,
PETERS & WASILEFSKI
ATTORNEYS AND COUNSELORS AT LAw
2931 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA 17110-1280
. .
WILLIAM J. PETERS
CHARLES E. WASILEFSKI
DENNIS J. BONETTI
JOSEPH C. PHILLIPS
MICHAEL R. BONSHOCK
THOMAS A. LANG
STE~HEN F: MOORE
BRIAN C. CAFFREY
DEAN E. REYNOSA
TELEPHONE 17171238-7555
FAX 1717} 238-7750
E.Mail Addresses:
pwlaw@desupemet.net
pwlaw@pwlegal.com
WEB SITE: www.pwlegal.com
April 26, 2001
.
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
RE: Charlotte Thompson v. Mary Yordy
Docket No.: 00-2098
Our File No.: 4-36
Dear Karl:
I recently received a telephone call from my client conceruing her intention to return to
her country of origin, England, by the end of the year. Accordingly, we need to complete
discovery and litigate this matter to a conclusion before the end of the year.
To that end, I again request your expert reports.
I requested your expert reports by way of formal discovery. I followed up with
additional letters on November 7,2000 and January 23,2001.
An associate from your office did respond to my January 23, 2001 letter by telephone
and advised that the reports would be forthcoming. Another three months have passed without
receipt of any expert reports.
Accordingly, I have no choice but to file a Motion to Compel.
i;'-..~'~
~ ,
" (, ..
Karl R. Hildabrand, Esquire
April 26, 2001
Page 2
,. ".
_""",",""",,"-"L,__,
, .
Certainly, I look forward to receipt of your expert reports immediately so that I may
review this matter and formulate a defense to your client's allegations.
Very truly yours,
.
Dennis J. Bonetti
DJB/ekh
bc: Mrs. Mary Yordy
Mr. DanielRadman,AIC
Claim No.: 01l00l217
bcc: Dean Reynosa, Esquire
._,-
~
~-'" ..\
, '
.
.- 01:, .
VERIFICATION
I hereby affirm that the following facts are correct:
I am counsel for Defendant, Mary Yordy in the foregoing action and I am
authorized to make this verification; I have read Defendant, Mary Yordy's Motion to Compel
Plaintiff's Production of Expert Reports and verify that the information contained therein is true
and correct to the best of my knowledge, information and belief. This verification is made by me,
instead of Defendant, Mary Yordy, since the facts stated in Defendant, Mary Yordy's Motion to
Compel Plaintiff's Production of Expert Reports is better known to me. I hereby acknowledge
that the facts set forth in the aforesaid Defendant, Mary Yordy's Motion to Compel Plaintiff's
Production of Expert Reports is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
/
D,W 5ftl~J
~>I'lOl_Lj
~', i
,
"
I
I
I
I
i
,:1
il
i,
II
i
i
!
I
'I
~I
[I
, .o___~
~
.
. ..-- '-'.
~ ~.
-'~''''','
... '" ...
.' .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant, Mary
Yordy's Motion to Compel Plaintiff's Production of Expert Reports has been duly served
I!'.
i"
upon all counsel of record and parties of interest and parties of interest by depositing the same
in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this
t.fth day of ~
, 2001 addressed as follows:
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
PETERS & W ASILEFSKl
~~
, ~ '" ;,~
~~
~-~ -" ',,<c, "
CHARLOTTE THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
CIVIL ACTION - LAW
NO: 60 -209.P Qu'te' J~
v.
MARY YORDY,
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warued that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LillERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: ~<;;;;?~~~~
Karl R. Hildabrand, Esquire
PA. LD.30102
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
Document #: 172160.1
-',",,".-
A VISO
USTED HA SIDO DEMANDADO/EN LA CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las paginas, debe tomar accion dentro de los
proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
par escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se
le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo par cualquier suma de dinero reclamada en la demanda 0
cualquier otra reclamacion 0 remedio solicitado par el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u ostros
derechos imponantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABODAGO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABODGADO 0 NO PUEDE PAGARLE
A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
Docu,"ent #: 172160.1
-
~ .~.
-
0_ ~"~.x.
~
"''''''~_.,,'~
CHARLOTTE THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO: 01J- d0'11 ~ -r~
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff Charlotte Thompson is an adult individual residing at Manor Care East,
800 King Russ Road, Harrisburg, DauphinCounty, Pennsylvania 17109.
2. Defendant Mary Yordy is an adult individual residing at 1072 Lancaster
Boulevard, Apt. 12, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. On December 30, 1999, Defendant Mary Yordy was the operator and owner of
a Mazda automobile with Pennsylvania Registration Plate No. DBR-3294.
4. On the aforesaid date, at approximately 2:00 p.m., Defendant was operating her
vehicle west bound through the Weis Market parking lot on 5140 Simpson Ferry Road when it
struck the Plaintiff, who was lawfully crossing the parking lot in front of the store with other
pedestrians to enter the store.
5. The collision occurred solely as a result of the carelessness, negligence, and/or
recklessness of the Defendant in the operation of her vehicle, and was due in no manner to any
act or failure to act on the part of the Plaintiff.
Document #: 172160.1
.
"
- ~~ 1 "-"=,
6. The carelessness, negligence, and/or recklessness of the Defendant, consisted of
the following:
(a). Failing to obey traffic control devices in violation of 75 Pa. C.S.A. ~
3111;
(b). Failing to drive on right side of the roadway in violation of 75 Pa.
C.S.A. ~ 3301;
(c). Failing to obey a stop sign in violation of 75 Pa.C.S.A. ~ 3323;
(d). Failing to operate vehicle at a safe speed in violation of 75 Pa. C.S.A. ~
3361;
(e). Failing to provide a pedestrian with the right-of-way at a crosswalk in
violation of 75 Pa. C.S.A. ~ 3542;
(t). Operating her vehicle in careless disregard for the safety of persons
and/or property in violation of 75 Pa.C.S.A. ~ 3714;
(g). Failing to observe the roadway ahead for the presence of pedestrians;
(h). Failing to slow or stop the vehicle she was operating so as to avoid
striking a pedestrian;
(i). Failing to apply the brakes to the vehicle she was operating or take other
evasive action to avoid striking a pedestrian;
0). Failing to maintain adequate control of the vehicle she was operating in
order to avoid striking a pedestrian;
Docunrent#:17216~1
,,'~'- ' ~~~
~~lO."..
(k).
Failing to give warning to the Plaintiff Charlotte Thompson of her
impending collision with the Plaintiff;
(1). Failing to keep her vehicle under proper and adequate control so as not
to expose other users and/or pedestriaus to an unreasonable risk of harm;
(m). Operating her vehicle too fast for the conditions existing at the aforesaid
time and place in violation of 75 Pa.C.S.A. ~ 3361;
(n). Failing to keep alert and maintain a proper lookout for the presence of
other motor vehicles or pedestrians on the streets and highways; and
(0). Otherwise operating her vehicle in an unsafe manner.
7. As a direct and proximate result of the collision and the careless, negligent,
and/or reckless conduct of the Defendant, Plaintiff sustained serious and permanent personal
injuries and damages as more fully set forth herein.
COUNT I-NEGLIGENCE
Plaintiff Charlotte ThomDson v. Defendant
8. Paragraphs 1 through 7 hereof are incorporated herein by reference as if fully
set forth.
9. As a direct and proximate result of the collision and the careless, negligent,
and/or reckless conduct of the Defendant, Plaintiff Charlotte Thompson sustained and in the
future may sustain, serious and debilitating injuries, some of which are, or may be, permanent
and which include, but are not limited to the following:
(a). Fracture to the right tibial plateau;
Document #: 172160.1
r
I
I
'I
1
I
I
(b). Contusions, abrasions ~nd trauma to her legs and body;
(c). Trauma and injury to *er right leg and ankle;
(d). Stress ulcer resulting + internal bleeding; and
(e). Resulting heart attacks l
10. '" . direct """ pro"""" " of"" ""","" rolli,io~ _ Owl.",
Thompson was forced to incur medical bills d expenses for the injuries she has suffered and
~
~.........._~",'"..,",.'
will continue to incur medical expenses in
11. As a direct and proximate res lt of .the aforesaid collision, Plaintiff Charlotte
Thompson, has undergone and in the future, will undergo great physical pain, mental pain,
discomfort, inconvenience, distress, disabili y, embarrassment, humiliation, and loss of life's
pleasures, all to her great loss and detrimen .
Do~nt#:17216~1
""""'''""..~
'.-.,,,,,,,,.
WHEREFORE, Plaintiff Charlotte Thompson demands judgment in her favor and
against Defendant Mary Yordy in an amount in excess of Twenty-five Thousand and 00/100
Dollars ($25,000), the compulsory arbitration limit in Cumberland County, and demands costs,
interest and/or damages for delay against Defendant as allowed by law.
Respectfully submitted,
L( .- "'1_ O()
METZGER, WICKE~~, KNAUSS & ERB, P.C.
By: ~9~4'~--F"
Karl R. Hildabrand, Esquire
Attorney I.D. No. 30102
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Dated:
Attorneys for Plaintiff
Document #: 172160.1
-~~ ~ ~
"
~ ~ '"'"'""''''',,&;
VERIFICATION
I, Charlotte Thompson, verify that the statements made in the foregoing COMPLAINT
are true and correct to the best of my knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~904, relating to
unsworn falsification to authorities.
Date:
L
c-'
( //.
, . ~/f~W
Charlotte Thompson
Document #: /72160.1
-_.
=-"
~~M-Jj,,",_',
VERIFICATION
I, Howard O. Thompson, Power of Attoruey for Charlotte Thompson, verify that the
statements made in the foregoing COMPLAINT are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. ~4904, relating to unsworu falsification to authorities.
Date:
Ll-3-60
~ ~/
/ -- ~~~
. Dr. Howar O. Thompson ~ \'1
Document #: 172160.1
"""".""",,
_.~
,-","",
. ~
.- !WE':
SHERIFF'S RETURN - REGULAR
I,
CASE NO: 2000-02098 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
THOMPSON CHARLOTTE
VS
YORDY MARY
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
YORDY MARY
the
DEFENDANT
, at 0014:20 HOURS, on the 17th day of April
, 2000
at 1072 LANCASTER BLVD
APT 12
MECHANICSBURG, PA 17055
by handing to
MARY YORDY
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
10.44
.00
10.00
.00
38.44
So Answers:
~~
R. Thomas Kline
h' la ~
me t lS 1-7
day of
04/18/2000
METZG::: WICKEIIL----
(peputy Sheriff
,
Sworn and Subscribed to before
~... 0 ~nJ A.D.
~. C ))",,9J,.. #
P othonotary ,
~
.~--, < ,." ,
, ~-" -">'^' ~-- " -
.. . :~i:i
"
i'
I:
0::
,
i~:
u
CHARLOTTE THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
,
,
;f
v.
CIVIL ACTION - LAW
i'j
!'
i"
,";
i
p
I'
I~
I.,:
11
I.~ .
,',
I,:';
"
,
i:~-;
~;
ii
DOCKET NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
j!'
'-\:
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant, Mary Yordy, in the above
"",
If
,
,,:'
~
fit
!
~i
!
captioned action.
e ' . s J .onetti, Esquire
Attorney J.D. #34329
2931 North Front Street
Harrisburg, PA 17110
(717) 238-7555
~;-
~-'
i'
~'
I:
I
t
It
i
G
Ii
I
i"
i
r
f.
~,
D.W i /r r l2JJriJ
~.
"
-~--.,
~ . .< .-,..,
.
~
'~'.'
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry
of Appearlllllce has been duly served upon all counsel of record and parties of interest by
depositing the same in the United States mail, fIrst class, postage prepaid, in Harrisburg,
Pennsylvania, on this i9fi day of ~~
, 2000, addressed as follows:
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.c.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(Counsel for Plaintiff)
PETERS & W ASILEFSKl
~~~
,- ~ "'=6
.
i~:
,
I.'
I',;,:
Ii
:..,
i""
[-:,
i,.
I:'
!
L
I'
f)
I,'
r'-:
I
1
,:
'-;
I
v
,
f.
I
~.
,
ti:
!
t:-
f-
,
I
F
. ~ ~ --,
" -,'" "', .-" '~ "
~:; '- '
-i',-'!
L-f
b_-;
1-:1
CHARLOTTE THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
'i
,..!
!'i
v.
CIVIL ACTION - LAW
f::
Ii
1"
l'!
DOCKET NO.: 00-2098
I
Ii
,
-"
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
!'I
t~
AND NOW, this
day of
, 2000, upon consideration
"
i}
ri'
~i
U
fj
If
[1
1.1"
~1
n
!
ORDER
of the Preliminary Objections to Plaintiff's Complaint, it is hereby ordered that paragraph 6 (0)
is stricken from the Complaint.
:i
i)
:r
"
~':
i"
t
r
BY THE COURT
ii
i1
!';
11
i'
~
J.
._<.
--
CHARLOTTE THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
L':
I'~
~:;
t;
i
I
i.
DOCKET NO.: 00-2098
t:"
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
L".
[i
"
\!
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
PURSUANT TO PA.R.C.P. l028(a) (2) (3)
f;
ii
i
Ii
I
~
AND NOW, comes Defendant, Mary Yordy ("Ms. Yordy"), by and through her
[
!(
i:
I,'
counsel, Peters & Wasilefski, and hereby files the following Preliminary Objection to
"
?
,
Plaintiff's Complaint.
,
I'
1. On or about April 6, 2000, Plaintiff filed a Complaint against Ms. Yordy. The
i
i
!'
I:'
!.
Complaint was served on or about April 17, 2000.
2. In paragraph 6, Plaintiff alleges the following general allegations, which do not
constitute material facts, but represent boilerplate conclusions as follows:
Fi
I:'
~'
6. The carelessness, negligence, and/or recklessness of the
Defendant, consisted of the following:
(0) Otherwise operating her vehicle in an unsafe manner.
3. Pa. R.C.P. 1019(a) requires that:
The material facts upon which a cause of action or defenses based shall
be stated in concise and sununary form.
4. With regard to paragraph 6, subparagraph (0) fails to conform to law or the
Rules of Court since said allegations are vague and do not state material facts. The allegations
.w.
0_.1
'.,j ,-..-. - i" ". co, ~".- '.-
. C"'_~"'-_- . ,.' ~,_" _ ',--, _,
are impertinent. Said paragraph fails to advise Ms. Yordy of the specific acts of commission
or omission, which constitute the alleged negligence of which Plaintiff complains.
5.
The general allegations contained in said paragraph fails to inform Ms. Yordy of
the issues that she must meet at trial, and further prevents her from forming a proper Answer
to the Complaint.
6.
The aforesaid improper allegations of negligence severely prejudice Ms. Yordy
in that, if permitted to remain in the Complaint, would then allow Plaintiff to have an
opportunity to amend the Complaint to introduce new causes of action after the applicable
statute of limitations has run. See, Conner v. A1lel!:henv General HosDital, 501 Pa. 306, 461
A.2d 600 (1983), and its progeny, including Starr v. Mvers, 109 Dauphin 147 (1988).
WHEREFORE, Ms. Yordy requests that the Court strike paragraph 6 (0) from the
Complaint.
By:
ILEFSKI
D~ :I/~
. J. Bonetti, Esquire
Att ruey J.D. #34329
2931 North Front Street
Harrisburg, PA 17110
(717) 238-7555
,
I';
!'
!
"
j-'
"
-,j
:d
:"i
~~1
i~
'"
,.~
I::;
~i
[1
Ij
H
"
~~
'i
C.<
"
I
o
_m;Ji/~ -
, -~
, ~
","
. .;.-, ~ -',
~ ,.
,"~-'':'',,,, .'C' "', '"'~ lil--
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Preliminary
Objections to Plaintiff's Complaint Pursuant to Pa. R.C.P. 1028(a)(2)(3) has been duly
served upon all counsel of record and parties of interest by depositing the same in the United
States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this /9
day of
~Ad
, 2000, addressed as follows:
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(Counsel for Plaintiff)
PETERS & W ASILEFSKI
~...~
J:
"ci..
"""'" ~
" ~
,
, ~
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY jOF CUMBERLAND COUNTY:
Please list the within matter for the next:
[K] Pre-Trial Argument Court
o Argument Court
----------------------------------------------------------------------
CAPTiON OF CASE
(entire caption must be stated in filII)
Charlotte Thompson,
(plaintiff)
Ys.
Mary Yordy
(Defendant)
Ys.
No. OO-?OQR Civil D,t""t-i nn _ T ::.t.r
I. State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.):
Preliminary Objections
2. Identify counsel who will argue case:
(a) for plaintiff:
Karl R. Hildabrand,Esquire
(b) for defendant:
. Dennis J. Bonetti, Esquire
3. I will notify all parties in writing within two days that this case has been
listed for argument._
)
Dated:
~/ /rq j~
- ,- . , . '. ".." . ,," "".' ' ~"'>~, ~.,- I . ,,. ,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for
Listing Case for Argument has been duly served upon all counsel of record and parties of
interest by depositing the same in the United States mail, fIrst class, postage prepaid, in
Harrisburg, Pennsylvania, on this /CJ-fh day of o/~
follows:
, 2000, addressed as
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(Counsel for Plaintiff)
PETERS & W ASlLEFSKI
~II~
.,-
--'"
~-" _"", --, ., ,,' > L . " ~_'.
CHARLOTTE THOMPSON ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DOCKET NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
NOTICE OF ERRORS AND IRREGULARITIES
PURSUANT TO PA.R.C.P. 4016(0)
AND NOW, comes Defendant, Mary Yordy, by and through her counsel, Peters &
Wasilefski, and hereby objects to the Notice of Deposition Upon Videotape and Oral
Examination for Use at Trial and in support thereof states the following:
1. On April 6, 2000, counsel for Plaintiff sent, via facsimile, a Notice of
Deposition Upon Videotape and Oral Examination for Use at Trial to Karen Reeves, a claim
representative for the insurance carrier for Mary Yordy, Highlands Insurance Group. Ms.
Reeves did not receive this fax until the late afteruoon of April 7, 2000. A copy of this Notice
is attached hereto as Exhibit "A".
2. The Notice of Deposition and the procedure outlined therein for said
deposition was improper in the following respects:
1. Although you commenced an action approximately twenty~four
hours before taking the videotaped statement, this Complaint had
not been properly served on my client as of the date and time of
the deposition. (In fact, the Complaint was not served until April
17, 2000, some ten (10) days after the "depositions".)
. .~ .
,. ~~,. ______n ,~_.
. ""'it
2. The "Notice of Deposition Upon Videotape and Oral
Examination for Use at Trial" failed to comply with Pa. RC.P.
4007.1, in that, it was not properly served upon Mary Yordy and
did not provide "reasonable notice" under the facts and
circumstances of this case (particularly since it was sent prior to
the time that original process was served upon Mary Yordy);
3. The proposed "deposition" was taken without leave of court
which was required pursuant to Pa. R.C.P. 4007.2(b), which
prohibits the taking of a deposition prior to the expiration of
thirty days after service of original process;
4. The "Notice of Deposition Upon Videotape and Oral
Examination for Use at Trial" failed to provide the information
required by Pa. R.C.P. 4007.2(b)(1) and, was therefore defective
on its face.
This Notice is hereby filed to comply with Pa.R.C.P. 4016(d).
By:
. s J. Bonetti, Esquire
torney l.D. #34329
931 North Front Street
Harrisburg, PA 17110
(717) 238-7555
Date:
oj
,.
04(_O.7(o..9_.FRI_!~:~7 FA!.._.
-.......-..... ..~"'. I.U
~005
IrsIUl1f.
,
MARY YORDY,
Defen&nt
IN 1'Hf. COuRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: QQ-2098iCML TERM
JURY TRIAL,DEMANDED
CHARLOTI'E mOMPSON, .
. Plaintitf
v.
NOTICE OF J1)EPOSITlON UPON VIDEOTAPE
~ QRAL EXAMlNATIOl'l FOR USE ATTlUAL
TO: Mary Yordy
C/o Highlat1d ~ Grou~
1000 Lenox DIive
P. O. Box 6396
Lawrenceville, NJ 08648
Attn: Karen Reeves
You are hereby notified that ,'the attomcys for the P1aintlft's will take the deposition of
Charlotte W. Thompson by videotape and by stenographic means fOr the puipose of evidence at
trial in the above action before an authorized court reporter and videographer, at 2:00 o'clock
p.m.,l>n Friday, April?, 2000, at Manor Care EIISt, 800 King Russ Road, Harrisburg, PA 17110
on all matters not privileged whim ate relevant and material to the issues and the subject matter
in the pending action.
Dated~ April 6, 2000
METZ. R, WICKERSHAM, KNAUSS & ERB, P.C.
~
. I R. IJildabrand, Esquire
Attorney 1.0. No. 301 02
P.O. &11. 5300
~arrisburg, P A 17110..0300
(717) 238-8187
Altomey for Jllaintit'fs
OoCIJmllhl i: 1!918U
.r
",
.,"
-'. ,".,,,
. ....
04/_0.~(l!.L_FRI_!~~~7 FA!.....
....._.c. .D,Iil!'''. r:1.
~006
..._. ,,_...._._..:..,..,./I!I,u.~...
r.lr.1tTD'ICATE OF SIlRVlQt
I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickerslwn, Knauss &. Erb.
P.C., hereby certify that I served a true and comet copy ofNotiee of Oeposition Upon Videotape
and Oral Examination with reference to the foregoing action by facsimile, this 6th day of April,
2000 on the following;
Highland Insurance GrQ1,lp
1000 Lenox Drive
P. O. Box 6396
LawrenccVille. NJ 08648
Atln; Karen Reeves
~~~d~
I:li1dabrand. Esquixe
o
(
..... "
D.-." 0, 159/R1.l
..
.- ;n"'io _ ~_=
~ .
"~_;;'6" """" ,. "i~ ,,=,,--".'" .-.'-,',' '-~_ ~,,;,_.. '"'.
,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Errors
and Irregularities Pursuant to Pa. R.C.P. 4016(d) has been duly served upon all counsel of
record and parties of interest by depositing the same in the United States mail, first class,
postage prepaid, in Harrisburg, Pennsylvania, on this /ffh
day of
~
, 2000, addressed as follows:
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3 211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(Counsel for Plaintiff)
PETERS & W ASILEFSKl
~~
~ ~I
....."','..~
L~
"
<' .,~~,
CHARLOTTE THOMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
MARY YORDY,
NO: co- ~OCl<6
Defendant
JURY TRIAL DEMANDED
AND NOW, this
SUGGESTION OF SUCCESSION
G:>..({.
-day of June, 2000, it is suggested of record that the
plaintiff, Charlotte Thompson, died on April 6, 2000, in the County of Cumberland, leaving
Howard O. Thompson, as the Executor of her estate. Therefore, Howard O. Thompson,
Executor should be substituted as the plaintiff in this action and the caption of the action
changed to read Howard O. Thompson Executor of the estate of Charlotte Thompson,
deceased.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
BY~~~~~ =p
arl R. Hildabrand, Esquire
Attoruey I.D. No. 30102
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Document #: 173943.1
,^~. ". '"
,-',-'
."
t&l.i:iIL
OG/OG/2000 OO:5~
G10JOJ75J~
II 0 T1IOMrGm~ N. D.
rAGe 02
06iOS..OIl 17.~;'
tr.:! 'j 23-1 9'111&
MWK&E llDG. FA
lit] ""'~
..-- - - '-
VERJJ1ICA TION
I. How1rd O. Thompson. Executor for the Estatf of Charl(ltte TbolllPSOll. verify IlIal
the ~ratemenl~' made in the fo~egoing SUGGESTION OF SUCCESSION are tllle and wITeCI lu
the !>esr of m~ ~n"wledge. information and ~el~f. I Ullderst~nd th~t fnlso SlatcmC:Dt:! herein are
ma<le ~1I11jert (1\ rhe ~n~lties of 18 Pa.C.S. ~904, r~latins te:> unsworn falsilic3ti"n to
aUIIlOlities.
Date: .Jc.Jr-'L' 6 ~=,.,
/....,...-
,Q: /./ ~-:' .
'bi';-~6.tfhQlllIlSOn- _":"-~"()
nClCItI1/l'lf/fl, 1.-,v.I.: .
,
'.'-~ .-
,. -~~
............ ~-
~ - ..-
_jli;;,,~
CERTIFICATE OF SERVICE
I, Steven C. Courtney, Esquire, do hereby certify that on the date set forth
below, I did serve a true and correct copy of the foregoing document upon the following
person(s) at the following addressees) indicated below by sending same in the United States
Mail, fIrst-class, postage prepaid:
Dennis J. Bonetti, Esquire
Peters & Wasilefski
Attorneys and Counselors at Law
2931 North Front Street
Harrisburg, PA 17110-1280
METZ E WICKERSHAM, KNAUSS & ERB
('
C Ire
21 Orth Pront Street
P.O. Box 5300
Harrisburg, PA 17110-0300
By:
Date: JW\l.t La 'LoCO
I
HOWARD O. THOMPSON, EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
v.
NO: 00-2098
MARY YORDY,
JURY TRIAL DEMANDED
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attoruey and filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: ~C(?r/.('-< ~ ./ -'
arl R. Hildabrand, EsqUire
Attoruey I.D. 30102
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
c..-
Attoruey for Plaintiff
Document#:17394~1
,-'"
--
, -'
~.
"i ~~
<. L "~
~"
A VISO
USTED HA S100 DEMANDADO/EN LA CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las paginas, debe tomar accion dentro de los
proximos viente (20) dias despues de la notificacion de esta Demanda y A visa radicando
personalmente 0 par medio de un abogado una comparecencia escrita y radicando en la Corte
par escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se
le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo par cualquier SUma de dinero reclamada en la demanda 0
cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra
suya par la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u ostros
derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABODAGO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABODGADO 0 NO PUEDE PAGARLE
A UNO, LLAME 0 VA Y A A LA SIGUlENTE OFICINA PARA A VERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
Document #: 173940.1
A~" ~,
~=~."
'~ll.~~.
HOWARD O. THOMPSON, EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO: 00-2098
MARY YORDY,
JURY TRIAL DEMANDED
Defendant
AMENDED COMPLAINT
1. Plaintiff, Howard O. Thompson, Executor of the estate of Charlotte Thompson,
deceased, is an adult individual residing at 512 Belvedere Court, Punta Garda, Florida 19320.
2. Defendant Mary Yordy is an adult individual residing at 1072 Lancaster
Boulevard, Apt. 12, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. On December 30, 1999, Defendant Mary Yordy was the operator and owner of
a Mazda automobile with Pennsylvania Registration Plate No. DBR-3294.
4. On the aforesaid date, at approximately 2:00 p.m., Defendant was operating her
vehicle west bound through the Weis Market parking lot on 5140 Simpson Ferry Road in
Mechanicsburg, Pennsylvania, when it struck the decedent, Charlotte Thompson, who was
lawfully crossing the parking lot in front of the store with other pedestrians to enter the store.
5. The collision occurred solely as a result of the carelessness, negligence, and/or
recklessness of the Defendant in the operation of her vehicle, and was due in no manner to any
act or failure to act on the part of the decedent, Charlotte Thompson.
Document #: 173940.1
~"~~~~
~.~
.- ~~~ ~ ~ ~~.~, ~,
6. The carelessness, negligence, and/or recklessness of the Defendant, consisted of
the following:
(a). Failing to obey traffic control devices in violation of 75 Pa. C.S.A. ~
3111;
(b). Failing to drive on right side of the roadway in violation of 75 Pa.
C.S.A. ~ 3301;
(c). Failing to obey a stop sign in violation of 75 Pa.C.S.A. S 3323;
(d). Failing to operate vehicle at a safe speed in violation of 75 Pa. C.S.A. ~
3361;
(e). Failing to provide a pedestrian with the right-of-way at a crosswalk in
violation of 75 Pa. C.S.A. ~ 3542;
(t). Operating her vehicle in careless disregard for the safety of persons
and/or property in violation of 75 Pa.C.S.A. ~ 3714;
(g). Failing to observe the roadway ahead for the presence of pedestrians;
(h). Failing to slow or stop the vehicle she was operating so as to avoid
striking a pedestrian;
(i). Failing to apply the brakes to the vehicle she was operating or take other
evasive action to avoid striking a pedestrian;
(j). Failing to maintain adequate control of the vehicle she was operating in
order to avoid striking a pedestrian;
Document #: 173940.1
=~,,="~
."""
(k). Failing to give warning to the decedent Charlotte Thompson of her
impending collision with the deceased;
(1). Failing to keep her vehicle under proper and adequate control so as not
to expose other users and/or pedestrians to an unreasonable risk of harm;
(m). Operating her vehicle too fast for the conditions existing at the aforesaid
time and place in violation of 75 Pa.C.S.A. ~ 3361; and
(n). Failing to keep alert and maintain a proper lookout for the presence of
other motor vehicles or pedestrians on the streets and highways.
7. As a direct and proximate result of the collision and the careless, negligent,
and/or reckless conduct of the Defendant, Charlotte Thompson sustained serious and
permanent personal injuries and damages as more fully set forth herein.
8. As a direct and proximate result of the aforesaid collision, and her resulting
injuries, Charlotte Thompson died on April 6, 2000.
COUNT I-NEGLIGENCE
Plaintiff. Howard O. ThomDson.
Executor of the Estate of Charlotte ThomDson. Deceased v. Defendant
9. Paragraphs 1 through 8 hereof are incorporated herein by reference as if fully
set forth.
10. As a direct and proximate result of the collision and the careless, negligent,
Document #: 173940./
'-
"""<"p
and/or reckless conduct of the Defendant, Charlotte Thompson sustained the following serious
and debilitating injuries:
(a). Fracture to the right tibial plateau;
(b). Contusions, abrasions and trauma to her legs and body;
(c). Trauma and injury to her right leg and ankle;
(d). Stress ulcer resulting in internal bleeding; and
(e). Resulting heart attacks.
11. As a direct and proximate result of the aforesaid collision Charlotte Thompson
was forced to incur medical bills and expenses for the injuries she suffered.
12. As a direct and proximate result of the aforesaid collision Charlotte Thompson,
underwent great physical pain, mental pain, discomfort, inconvenience, distress, disability,
embarrassment, humiliation, and loss of life's pleasures, all to her great loss and detriment.
WHEREFORE, Plaintiff, Howard O. Thompson, Executor of the Estate of Charlotte
Thompson, Deceased demands judgment against Defendant Mary Yordy in an amount in
excess of Twenty-five Thousand and 00/100 Dollars ($25,000), which exceeds the compulsory
arbitration limit in Cumberland County, together with costs, interest and/or damages for delay.
COUNT II
Wronl!:ful Death
Howard O. Thompson.
Executor of the Estate of Charlotte Thompson. Deceased v. Defendant
Document #: 173940.1
_---"-~,.;JllIi
I,.
. . ,~~
. ~ ,
'l.J:~
13. Paragraphs 1 through 12 are incorporated herein by reference as if fully set
forth.
14. Charlotte Thompson's death on April 6, 2000, was a result of the negligent,
careless and reckless conduct of the Defendant Mary Yordy as described herein.
15. At the time of her death, Charlotte Thompson, was survived by her son, the
Plaintiff, Howard O. Thompson.
16. Plaintiff, Howard O. Thompson, was duly appointed Executor of her estate by
Letters of Administration issued by the Recorder of Deeds of Cumberland County,
Penosylvania on May 12, 2000.
17. Plaintiff, Howard O. Thompson, Executor of the Estate of Charlotte Thompson,
deceased, claims damages from Defendant Mary Yordy on behalf of the Estate of Charlotte
Thompson, for the pecuniary harm suffered as a result of the death of Charlotte Thompson as
described in the Wrongful Death Act, 42 Pa.C.S. ~8301, together with:
(a). Medical expenses;
(b). Funeral expenses;
(c). Cost of administration; and
(d). Other expenses reasonably associated with the death of Charlotte
Thompson.
Document #: 173940.1
,"'~-
-
~
, ~ ,.-
ml;t~
WHEREFORE, Plaintiff, Howard O. Thompson, Executor of the Estate of Charlotte
Thompson, Deceased demands judgment against Defendant Mary Yordy in an amount in
excess of Twenty-five Thousand and 00/100 Dollars ($25,000), which exceeds the compulsory
arbitration limit in Cumberland County, together with costs, interest and/or damages for delay.
COUNT III
Survival Action
Howard O. Thompson.
Executor of the Estate of Charlotte Thompson. Deceased
v.. Defendant
18. Paragraphs 1 through 17 hereof are incorporated by reference as if fully set
forth.
19. Plaintiff, Howard O. Thompson, brings this action on behalf of the Estate of
Charlotte Thompson pursuant to and by authority of the Pennsylvania Survival Statute, 42 Pa.
C.S. ~ 8302.
20. Plaintiff, Howard O. Thompson, claims on behalf of the Estate of Charlotte
Thompson, damages suffered by the Estate by reason of the death of Charlotte Thompson as
well as for the conscious pain and suffering emotional trauma and fear of impending death
Charlotte Thompson underwent prior to her death.
21. Plaintiff, Howard O. Thompson, also claims damages for the emergency
medical expenses incurred as a result of the death of Charlotte Thompson, along with the loss
of decedent's retirement and Social Security income and further claims all damages
recoverable under the Survival Act.
Document #: 173940.1
""""'_illO'
WHEREFORE, Plaintiff, Howard O. Thompson, Executor of the Estate of Charlotte
Thompson, Deceased demands judgment gainst Defendant Mary Yordy in an amount in
excess of Twenty-five Thousand and 00/1 0 Dollars ($25,000), which exceeds the compulsory
arbitration limit in Cumberland County, t gether with costs, interest and/or damages for delay.
Resp ctfully submitted,
MET GER, WICKERSHAM, KNAUSS & ERB, P.C.
Dated: 7 < (( . In>
Karl R. Hildabrand, Esquire
Attorney I.D. No. 30102
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorueys for Plaintiff
Document #: 173940.1
;~
. "
, "--~, ~
VERIFICATION
I, Howard O. Thompson, Executor for the Estate of Charlotte Thompson, verify that
the statements made in the foregoing AMENDED COMPLAlNT are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to
authorities.
Date: 1~N,(J{)
~-
d~/ ~ if/,?
r. Howard . hompson '- ~ Q
Document #: 173940.1
'''';1;''"''
~.O" .
"."
-" -<<i"C
CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, Esquire, do hereby certify that on the date set forth
below, I did serve a true and correct copy of the Amended Complaint upon the following
person(s) at the following addressees) indicated below by sending same in the United States
Mail, fIrst-class, postage prepaid:
Dennis J. Bonetti, Esquire
PETERS & W ASILEFSKI
2931 North Front Street
Harrisburg, PA 17110-1280
METZGER, WICKERSHAM, KNAUSS & ERB
Date: trrq - CO
By:~<;?hc!' dL
Karl R. Hildabrand, Esquire
Attorney LD. No. 30102
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
'"
,
f
Document #: 173940.1
~-, '-.--, '-,
~ -,-', -'" ,-~. ,- ,;.'
'C"-"Ill:i
HOWARD O. THOMPSON,
EXECUTOR OF THE ESTATE
OF CHARLOTTE THOMPSON
DECEASED,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
NO: 00-2098
v.
JURY TRIAL DEMANDED
MARY YORDY,
Defendant
NOTICE TO PLEAD
TO: Plaintiff, Howard O. Thompson, Executor
of the Estate of Charlotte Thompson, Deceased
Karl Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
Harrisburg, PA 17110-0300
You are hereby notified to plead to the enclosed Answer with New Matter of
Defendant, Mary Yordy to Plaintiff's Amended Complaint within twenty (20) days from
service hereof or a judgment may be entered against you.
By:
Date:
~ } 9)2f)<<J
. Bonetti, Esquire
Atto ey I.D. #34329
2931 North Front Street
Harrisburg, PA 17110-1280
(717) 238-7555
Attorney for Defendant, Mary Yordy
*"'"W! ,~. ~
"~I
,"-"--
"""',;.;,..,.
"-," ,,,,,.-. ",' ^
;,'
HOWARD O. THOMPSON,
EXECUTOR OF THE ESTATE
OF CHARLOTTE THOMPSON
DECEASED,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
NO:. 00-2098
v.
JURY TRIAL DEMANDED
MARY YORDY,
Defendant
ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW, comes Defendant, Mary Yordy, by and through her attorueys, Peters &
Wasilefski and hereby flles the following Answer with New Matter to Plaintiff's Amended
Complaint.
1. Denied. After reasonable investigation, Mary Yordy ("Ms. Yordy") is without
knowledge or information sufficient to form a belief as to the truth of the averments contained
in paragraph 1, the same is therefore denied.
2. Admitted.
3. Admitted.
4. Denied. The averments contained in paragraph 4 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent that a further answer is required, it is specifically denied that
Ms. Yordy's vehicle struck the Plaintiff's decedent.
5. Denied. The averments contained in paragraph 5 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent that a further answer is required, Ms. Yordy is advised by
)''''~~
.
,"~ I' --". '-,'~
'"""
.
Oit;
counsel and therefore avers that the allegations contained in paragraph 5 state conclusions of
law to which no answer is required.
6. Denied. The averments contained in paragraph 6, including sub-paragraphs (a)
through (n) inclusive, are denied pursuant to Pa. R.C.P. l029(e). To the extent that a further
answer is required, Ms. Yordy is advised by counsel and therefore avers that the allegations
contained in paragraph 6, including sub-paragraphs (a) through (n) inclusive, state conclusions
of law to which no answer is required.
7. Denied. The averments contained in paragraph 7 are denied pursuant to Pa.
R.C.P. 1029(e). By way of further answer, Ms. Yordy is advised by counsel and therefore
avers that the allegations contained in paragraph 7 state conclusions of law to which no answer
is required. To the extent that a further answer is required, after reasonable investigation, Ms.
Yordy is without koowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 7, and the same are therefore denied.
8. Denied. The averments contained in paragraph 8 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent that a further answer is required, Ms. Yordy is advised by
counsel and therefore avers that the allegations contained in paragraph 8 state conclusions of
law to which no answer is required. By way of further answer, after reasonable investigation,
Ms. Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 8, and the same are therefore denied.
2
~- ~.,,,,, - ~~~~ --.
, '. , '. ;'. ;'.~
" "o1'~,_ ~-
',J
."
;'ji
COUNT I-NEGLIGENCE
Plaintiff, Howard O. Thompson, Executor of the
Estate of Charlotte Thompson, Deceased v. Defendant
9. Denied. Ms. Yordy hereby incorporates her answers to paragraphs 1 through 8
above as though if fully set forth herein at length.
10. Denied. The averments in paragraph 10 including sub-paragraphs (a) through
(e) inclusive, are denied pursuant to Pa. R.C.P. 1029(e). To the extent a further answer is
required, Ms. Yordy is advised by counsel and therefore avers that the allegations contained in
paragraph 10, including sub-paragraphs (a) through (e) inclusive state conclusions of law to
which no answer is required. By way of further answer, after reasonable investigation, Ms.
Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 10, including sub-paragraphs (a) through (e) inclusive, and
the same is therefore denied.
11. Denied. The averments in paragraph 11 are denied pursuant to Pa. R.C.P.
1029(e). By way of further answer Ms. Yordy is advised by counsel and therefore avers that
the allegations contained in paragraph 11 state conclusions of law to which no answer is
required. To the extent that a further answer is required, after reasonable investigation, Ms.
Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 11 and the same is therefore denied.
12. Denied. The averments contained in paragraph 12 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent that a further answer is required, Ms. Yordy is advised by
3
~~.
,'. ' -- .-, ._---,,,"._ _','~ ."c. ,(.,' "'""
--ow ~ ......':1<1
counsel and therefore avers that the allegations contained in paragraph 12 state conclusions of
law to which no auswer is required. By way of further answer, after reasonable investigation,
Ms. Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 12, and the same is therefore denied.
WHEREFORE, Mary Yordy demands judgment in her favor and against Plaintiff,
Howard O. Thompson, Executor of the Estate of Charlotte Thompson, Deceased, without
costs.
COUNT II - WRONGFUL DEATH
Plaintiff, Howard O. Thompson, Executor of the
Estate of Charlotte Thompson, Deceased v. Defendant
13. Denied. Ms. Yordy hereby incorporates her answers to paragraphs 1 through 12
as though if fully set forth herein at length.
14. Denied. The averments contained in paragraphs 14 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent that a further answer is required, Ms. Yordy is advised by
counsel and therefore avers that the allegations contained in paragraph 14 state conclusions of
law to which no answer is required. By way of further answer, after reasonable investigation,
Ms. Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 14, the same are therefore denied.
15. Denied. The averments contained in paragraphs 15 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent that a further answer is required, after reasonable investigation,
4
t',
,-~ ~
-~
~.
, ,'-__,',.. ">",,,c":".i'~"_' h'F,_'~~",~,_;_',~_'''-''''_ " ,'". , ;~'_.
-J..._.
. , -~_ . -JI
Ms. Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 15, the same are therefore denied.
16. Denied. The averments contained in paragraphs 16 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent a further answer is required, Ms. Yordy is advised by counsel
and therefore avers that the allegations contained in paragraph 16 state conclusions of law to
which no answer is required. By way of further answer, after reasonable investigation, Ms.
Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 16, the same are therefore denied.
17. Denied. The averments contained in paragraphs 17, including sub-paragraphs
(a) through (d) inclusive, are denied pursuant to Pa. R.C.P. 1029(e). To the extent that a
further answer is required, after reasonable investigation, Ms. Yordy is without knowledge or
information sufficient to form a belief as to the truth of the averments contained in paragraph
17, including sub-paragraphs (a) through (d) inclusive, and the same are therefore denied.
WHEREFORE, Mary Yordy demands judgment in her favor and against Plaintiff
Howard O. Thompson, Executor of the Estate Charlotte Thompson, deceased, without costs.
COUNT III - SURVIVAL ACTION
Plaintiff, Howard O. Thompson, Executor of the
Estate of Charlotte Thompson, Deceased v. Defendant
18. Denied. Ms. Yordy hereby incorporates her answer to paragraphs 1 through 17
as though fully set forth herein at length.
5
. .
U , d <
'.c- -_ < "C<, ,~,,~,.' ''''-
-,,,-
. .~.......
lJ~
19. Denied. The averments contained in paragraphs 19 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent a further answer is required, Ms. Yordy is advised by counsel
and therefore avers that the allegations contained in paragraph 19 state conclusions of law to
which no answer is required. By way of further answer, after reasonable investigation, Ms.
Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 19 and the same are therefore denied.
20. Denied. The averments contained in paragraphs 20 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent a further answer is required, after reasonable investigation, Ms.
Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 20, including sub-paragraphs (a) through (d) inclusive, and
the same are therefore denied.
21. Denied. The averments contained in paragraphs 21 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent a further answer is required, after reasonable investigation, Ms.
Yordy is without knowledge or information sufficient to form a belief as to the truth of the
averments contained in paragraph 21 and the same are therefore denied.
WHEREFORE, Mary Yordy demands judgment in her favor and against Plaintiff
Howard O. Thompson, Executor of the Estate Charlotte Thompson, deceased, without costs.
NEW MATTER
22. Plaintiff's claims are barred by the applicable statute of limitations.
6
.' -2
~-.,~. -,
,,"'; ,
,. ~-~ ",
,,--
'"l.!:,
23. Any damages Plaintiff may recover in this action should be reduced or barred,
in whole or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Act, as
amended.
24. Plaintiff's decedent's alleged injuries and damages, if any, which are
specifically denied, may have been caused, either in whole or in part by the acts or omissions
of third parties other than Defendant.
25. Plaintiff's decedent's alleged injuries and damages, if any which are specifically
denied, may have been pre-existing, either in whole or in part and are not causally related to
the accident giving rise to the present litigation.
26. Plaintiff's claims are reduced or barred by the Comparative Negligence Act.
Plaintiff's decedent's contributory negligence consisted of, but is not limited to:
a. Failing to keep a proper lookout before crossing;
b. Failing to pay attention to vehicles in the parking lot;
c. Failing to take evasive maneuvers in an attempt to avoid
the alleged impact; and
d. Failing to maintain her balance and falling onto the
ground.
27. Discovery may reveal that Plaintiff's claims may be barred in whole or in part
by one or more affirmative defenses set forth in Pa.R.C.P. 1030, which are incorporated
herein by reference including, but not limited to, assumption of the risk, collateral estoppel,
res judicata, release or immunity from suit.
7
$N'
u;.'
,--. ~'u.---', ,_ c_. ,;"'-',;;.. ,,"",i. ",,' .~' ,,__ ".
,
. _.~
WHEREFORE, Mary Yordy demands judgment in her favor and against Plaintiff
9/J/~
Howard O. Thompson, Executor of the Estate of Charlotte Thompson, deceased, without
By:
PETE~S ~r ASILEFSKl
!:JIll 1,/
Ii (J.' I
/ {.J, - ,/1:1;
De 's J. onetti, Esquire
Atto ey J.D. #34329
2931 North Front Street
Harrisburg, PA 17110-1280
(717) 238-7555
Attorney for Defendant, Mary Yordy
costs.
Date:
8
Yi
, ~ ,,'
'.'~- . '.~"<_ L
,.;,,--',.,
, "1
VERIFICATION
I hereby affirm that the following facts are correct:
I am the Defendant in the foregoing action and am authorized to make thi.s
Verification; the attached Answer with New Matter to Plaintiff's Amended Complaint, is based
upon information which I have furnished to my counsel and information which has been
gathered by my counsel in the preparation of the lawsuit. The language of the Answer with
New Matter to Plaintiff's Amended Complaint is that of counsel and not of me. I have read
the Answer with New Matter to Plaintiff's Amended Complaint and to the extent that the same
is based upon information which I have given to my counsel, it is true and correct to the best
of my knowledge, information and belief. To the extent that the content of the Answer with
New Matter to Plaintiff's Amended Complaint is that of counsel, I have relied upon counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer
with New Matter to Plaintiff's Amended Complaint are made subject to the penalties of 18 Pa.
c.s. Section 4904 relating to unsworn falsification to authorities.
Date: g-- "7 - 0 '0
07~.
Mary Yordy
1~~,
1 "
. :",C" ~ ;' :" ]'"~, _,,__, _ .
""",-. , ~
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Answer with New
Matter to Plaintiff's Amended Complaint has been dilly served upon all counsel of record
and parties of interest by depositing the same in the United States mail, fIrst class, postage
prepaid, in Harrisburg, Pennsylvania, on this 't-fh
day of ~./~
,2000,
addressed as follows:
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
PETERS & W ASILEFSKI
~~
-'-,-
"~~,
.-,-
~-~. '.
~,.JJ'~
"'r.l"i
HOWARD O. THOMPSON, EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON,DECEASED
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
v.
NO: 00-2098
MARY YORDY,
JURY TRIAL DEMANDED
Defendant
REPLY TO NEW MATTER
22. Denied. The averments contained in paragraph 22 are conclusions of law to
which no answer is required and the averments are therefore denied.
23. Denied. The averments contained in paragraph 23 are conclusions of law to
which no answer is required and the averments are therefore denied.
24. Denied. The averments contained in paragraph 24 are specifically denied and
proof thereof is demanded at trial.
25. Denied. The averments contained in paragraph 25 are specifically denied and
proof thereof is demanded at trial.
26. Denied. The averments contained in paragraph 26 are conclusions of law to
which no answer is required and the averments are therefore denied. To the extent that an
answer is required, the averments contained in paragraph 26 including subparagraphs (a)
through (d) are specifically denied and strict proof thereof is demanded at trial.
27. Denied. The averments contained in paragraph 27 are conclusions of law to
which no answer is required and the averments are therefore denied.
Document #: 182502.1
""4-'
.~-~
.....
=~.~',~
~ - -
-' "'~';
WHEREFORE, Plaintiff, Howard O. Thompson, Executor of the Estate of Charlotte
Thompson, Deceased demands judgment against Defendant Mary Yordy.
Respectfully submitted,
Dated: G-I-Z ? (i5l>
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:tt1..<~~- "',..,
Karl R. Hildabrand, Esquire
Attorney J.D. No. 30102
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
'....
Document #: 182502.1
~^"~ .
~ ~.
. ~ I .
" .
.
... . ;., ~-'~'""iii!]o"
VERIFICATION
,u/l\P
I, Howard O. Thompson,__., verify that the statements made in the foregoing
REPLY TO NEW MATTER are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Date: 8 - ;2.. ;l. - 0 0
eI'
D"
H ward 0: Thompson, _. N.M D.
-
Document#: 178890.1
;f>/~~' ~
._1
. ,~' r Jl mltf>:!&~
CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certify that I served a true and correct copy of Reply to New Matter with reference
to the foregoing action by first class mail, postage prepaid, this U- day of ~
on the following:
Mary Yordy, Defendant
c/o Dennis J. Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, P A 1711 0
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
~c6~.-<.
. ildabrand, Esquire
-,
c:
Document #: 182502.1
;j1it~......~";i
<IiiIJt~~~MJcl,.*,,,ilj,,,,,,"-O'_~cil''':!~!iiIIIH'~':' .-.
!!!!In..
> -,-~
"~ "- ~'-'~ '-" -'~'^
"'-- -~
,_" ,r_
o IiIlw .,~
""'.
" ,,- ,~..~ ,-,
~'"",,""iIili;-'""'"
'>-'~-'~_jJ J
~~,o
0 ;::) . ,
C .;::,;;) --;.-,
"
:s:: ,
-ace ~-
f'1ir-;-' :':")
Z:'i. r,-)
0!-~~:: ,.0
<c' "-0
2? t: ~.
~(';:l ~"
:Pc": 5-~
:z: :..)
:< ::D
(l) -<
-,__ "'__M""='~"~W"""',~. 0_, ,",_
~,
.~~~!#~
.
.4
MARK K QUINN,
Plaintifli'Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
LAURIE A. QUINN,
DefendantlRespondent
NO. 00-2920 CIVIL TERM
IN DIVORCE
DR# 29,989
Pacses# 809102580
ORDER OF COURT
AND NOW, this 23,d day of August, 2000, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before RJ. Shaddav on Sevtember 21. 2000 at 10:30 A.M. for a conference, at 13 N.
Hanover St, Carlisle, PA 17013, after which the conference officer may recommend that an Order for
Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O.11(j')
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for YOllf arrest .
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
8-23-00 to:
Petitioner
< Respondent
Wayne Shade, Esquire
~ .;JL
R J. hadday, Conference Officer
Date of Order: August 23,2000
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
"
.
'~~"_,,_~ l>'illl~
O_""'_"~,~
'i,;""'-:;~"~
.,
WAYNE F. SlIADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
c "
,I"
~~
. ~.> n ~
,,"..oJ
MARK K. QUINN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 00-2920 CIVIL TERM
LAURIE A. QUINN,
Defendaot
: IN DIVORCE
PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1.
Petitioner is MARK K. QUINN, an adult individual who is represented of record
herein by Wayne F. Shade, Esquire, 53 West Pomfret Street, Carlisle, Pennsylvania
17013.
2.
Respondent is LAURIE A. QUINN, an adult individual who resides at 650
Roxbury Road, Newville, Cumberland County, Pennsylvania l7241, and who is
~
unrepresented herein.
3.
On May 10, 2000, a Complaint in Divorce was filed herein in which Petitioner
herein advaoced a claim for alimony pendente lite.
4.
By reason of the marital misconduct of Respondent, Petitioner has been and will in
the future be put to substantial expense in the prosecution of his claims herein, including
. j,
.
,b~~~I"'''''~ ~"~WI,~>i.ii----
.
WAYNEF.SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
, ~~== '
N',"ijj;I4t<~ i
the employment of counsel and the payment of costs and expenses, all of which Petitioner
is unable to afford.
5.
Petitioner's actual income of approximately $28,000 per year exhausts his earning
capacity.
6.
Respondent is presently employed as a systems engineer.
7.
Respondent's actual earnings are in excess of $50,000 per year.
WHEREFORE, Petitioner respectfully requests that your Honorable Court issue an
Order scheduling a hearing herein in the Domestic Relations Section of this Court.
tV~~
Wayn . Shade, EsqUire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania l7013
Telephone: 717-243-0220
Attorney for Plaintiff
fij<iilJIIliiiiillI
. ~~"~jBiiII3~~IIiIIlibi~~iII>.ir,.;''',)''''''H"~gffij,""",,,~~:4li:l>~Ii/ilIillI'''""'"-
,!''',,"V~,
,,'~ ,~,
,~ ""
'_'~~~'~~"",,~~ri~-;
..
"
do-
< ,~
~=.'
g
;s:
*"0 C)
Pi L~l,
~.JJ
z-C
f4~Z
~"-1
~v
;E;o
=0
:PC
Z.
::{
o
o
~
(f)
~.~~,
-,
.
-
0'
()
~f1
\
T;'.{~,
-,--;
--0
>
C,)'C).
'./:;:rn
9~
~
~
N
..
o
(Jl
till
___'_;H > '",,"_
i, ' ,,~,
,
,-, !4'!jt~:
HOWARD O. THOMPSON,
executor of the estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO
RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
400922, Defendant, by and through his attorueys, certifies that:
(1) 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.
ILEFSKI
BY:
DE IS J. BONETTI, ESQUIRE
Attorney LD. 34329
2931 North Front Street
Harrisburg, PA 17110
(717)238-7555
DATE: ID--I/-()O
Attorney for Defendant
,
~.
- ^.~. ..
L
<,,) "
".
.~.L. ~-C Ik;.
HOWARD O. THOMPSON,
executor of the estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
v.
NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendant intends to serve 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.
BY:
J. BONETTI, ESQUIRE
Atto Y I.D. 34329
2931 North Front StF<let
Harrisburg, PA 17110
(717) 238-7555
Date: q-;;X)- oc)
Attoruey for Defendant
'""
,
., ~ ,-,
,. """,~j
aJfoM)NWElUJl'H OF PEMlSYLVANIA
COUNl'Y OF aJMBERIAND
Howard O. Thompson, executor of the .
estate of Charlotte Thompson, deceased~
Plaintiff .
File No. 00-2098
v.
Mary Yordy,
Defendant
SUBPOENA TO PROOUCE DOCU1ENTS OR TH I NGS
FOR DISCOVERY PURSUANT TO RUlE 4009.22
TO:Records Custodian, Weis Market, 5140 Simpson Ferry Road, Mechanisburq,
(Nane of Person or Entity) PA 17055
Within twenty. (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: a complete copy of any reports
regarding an incident involving Charlotte Thompson that occurred in vour
parking lot on December 30, 1999
atpeters & Wasilefski, 2931 North Front Street, Harrisburg. PA 17110-17.80
(Address)
You may deliver or mail legible copies of the doct.ments or produce things requested by
this subpoena, together with the certificate of carpliance, to the party making this
request at tI1e address listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I
I
i
I
jl
I
I
I
"
I
I
I
I
I
i
If you fai I to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order
compelling you to carply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOl.LCWING PERSON:
NAME: Dennis J. Bonetti, Esquire
ADORESS:2931 North Front Street
Harrisburg. PA 17110-1280
TELEPHONE: In7) 238-7'55'5
SUPRE!1: cnJRT 1 D ~ 34329
ATTORNEY FOR: Defendant
BY THE CCURT:
Prothonotary/Clerk, Civil Division
ATE:
Seal of the Court
Deputy
(Eff. 1/97)
~~~
~,. ~~
.
.
,---, <~
~,
~>'1I:j
.'
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing NOTICE
OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel and parties of interest
by placing tl:te same in the United Stated mail, first-class, postage prepaid, at Harrisburg,
Pennsylvania on thi~ OfJ r1{!~bJ..<2Doo, and addressed as follows:
Karl Hildabrand, Esquire
Metzger, Wickershm, Knauss & Erb, P.C.
3211 North Pront Street
Harrisburg, PA 17110-0300
PEnERS & W ASILEfP~
J:fJ~ljJ_,~~;( /
BY:
'. -
~ .,.
,~"
...-,"",."",~~
,
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO
RULE 4009.22 upon all counsel and parties of interest by placing the same in the United
Stated mail, first-class, postage prepaid, at Harrisburg, Pennsylvania on this I }~ay ofGe +-
. 2000 and addressed as follows:
Karl Hildabrand, Esquire
Metzger, Wickershm, Knauss & Erb, P.C.
3211 North Front Street
Harrisburg, PA 17110-0300
J]:S & W ASILEFSKI
ffiL(111. a Q: J hew. f0 .
- -
BY:
-L
;"n.
".
i!ili~.
,
HOWARD O. THOMPSON,
Executor of the Estate of
CHARLOTTE THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-2098
MARY YORDY,
Defendant
CIVIL ACTION - Law
ORDER
.
And now, this Joday of lJ~ 2000, upon consideration of the Stipulation of
the parties to amend Plaintiffs Amended Complaint Paragraph 4 of Plaintiffs Amended
Complaint is amended in accordance with the attached Stipulation
BY THI}e6URJ:
/'~ /'
/' ,
J.
cc:
Karl R. Hildabrand, Counsel for Plaintiff
Dennis J. Bonetti, Counsel for Defendant
-4Jl
IJ.-j-(JO
R~
Document #: 190347.1
~,,,,,,,,~--.q~-
'.~'''1l,j~,,"
~~'!l'!"''''''''''_
'i"~~~iW.dliI'
' -J~ _,~=
!!ilI",",,;J- ;._-~-
,
'VtNV/(/).SNN3d
AlNnoO ON\;I7tEJe0/n:.J
e I :r /old oe liON DO
1I:!>tI').\ '1'>"1 ,>,. , . ."
1\ V-L1.'I.\Vi4: i,'--,;,.,' ...,..:" ..,10
""-"""<''.;" "'i' "",j
3JI:J:::lO-n::Jhlf~. .,
'~~ 'k.J
..
=,."
~~- .~,
" ,'~~ , -<
'.~l-~' Cl-
-
.~~
,~ o~~
~'-
-
~~.
--""
'~i
I
:
I
..
-
I.
,- '" -~
. _ .~o_".
iJl~~,
CHARLOTTE THOMPSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOCKET NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
STIPULATION
IT IS HEREBY STIPULATED, by and through counsel for the respective
parties, as follows:
1. Paragraph 4 of Plaintiff's Amended Complaint is amended to read
as follows:
4. On the aforesaid date, at approximately
2:00 p.m., Defendant was operating her
vehicle eastbound through the Weis Market
parking lot on 5140 Simpson Ferry Road in
Mechanicsburg, Pennsylvania, when it
struck the decedent, Charlotte Thompson,
who was lawfully crossing the parking lot
in front of the store with other pedestrians
to enter the store.
2. Defendant's Answer to the aforementioned amended paragraph 4
of Plaintiff's Amended Complaint is as follows:
4. Denied. The averments contained in
paragraph 4 are denied pursuant to Pa.
R.C.P. 1029(e). To the extent that a
further answer is required, it is specifically
denied that Ms. Yordy's vehicle struck the
Plaintiff's decedent.
euni . Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110
. <
3.
Date: IIlf /~
-
", "
. ~ '
. '
It is stipulated and agreed that the foregoing Stipulation will serve
to amend paragraph 4 of Plaintiff's Amended Complaint and
Defendant's Answer with New Matter to Plaintiff's Amended
Complaint. No further pleadings will be needed to effectuate the
aforementioned amendment to Plaintiff's Amended Complaint or
Defendant's Answer with New Matter to Plaintiff's Amended
Complaint.
~<Z2h
Karl R. Hildabrand, Esquire
Metzger, Wickersham, Knauss & Erb
3211 North Front Street
Harrisburg, PA 17110-0300
Date: /1-:< () ~O()
.~. O!_.d(r:il:;t~
.
, "'0-
IT,
I" "' ". ^ .. ~ '.
.J,. '
, ~'-;'-"~"'1
HOWARD O. THOMPSON,
executor of the estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO
RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant, by and through his attorueys, certifies that:
(1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoenas are sought to be served,
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to this
certificate,
(3) no objection to the subpoenas has been received, and
(4) the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
EFSKI
BY:
DE IS J. BONETTI, ESQUIRE
Attoruey LD. 34329
2931 North Front Street
Harrisburg, PA 17110
(717)238-7555
DATE: IJ-30-00.
Attorney for Defendant
,
.~ 10'''';;"
HOWARD O. THOMPSON,
executor of the estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the
subpoenas may be served.
BY:
Date: /J-(p - 00
Attoruey for Defendant
'~~ -, --"--'- .', .~
.
" .
,. :lI';!
~ OF Pm:lNSYLVANIA
COONl'Y OF ClJMBEMAND
[oward o. Thompson, executor of the
'state of Charlotte Thompson, deceased,
Plaintiff :
v.
File No. 00-2098
:
lary Yordy,
Defendant
SIJBFOENA TO PROOl.ICE DOClJoENTS OR 1M1 NGS
FOR D I SCOVERYMSUANT TO RULE 4009.22
TO: Records Custodia~, Moffitt, Pe~se & Lim Assoc., 977 Walnut Bottom Rd.
(Hane of Person or Entity) carlisle, PA 17013
Within twenty (20) days after service, of this subpoena, you are ordered by the court to
produce the following docunents or things: Complete cqpies of any and all medical
records, reports and diagnostic stJdies regarding Charlotte Thompson
at Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA 17110-1280
(Address)
You may deliver or mail legible copies of the doctments or produce things requested by
this subpoena, together with the certificate of call)liance, to the party making this
reclUest at the address listed above. YoU have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fai I to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order
COl1Jelling you to carply with it.
1M I S SUBPOENA WAS I SSUED AT THE REOOEST CF THE FOLLCW I NG PERSON:
NAME: Dennis J. Bonetti, Esquire
ESS: 2931 North Front Street
Harrisbu~g, PA 17110-1280
LEPH:lNE: (717) 238-7555
REM: COURT 10 # 34329
TTORNEY FOR: Defendant
BY THE CCURT:
Prothonotary/Clerk, Civil Division"
ATE:
Seal of the Court
Deputy
(W 7/9",
':~t
~ OF PmNSYLW\NIA
CXXJNrY OF 0JMBERLl\!lD
oward O. Thompson, executor of the
state of Charlotte Thompson, deceased,
Plaintiff
File No. 00-2098
v.
:
.ary Yordy,
Defendant
SUBPCENA TO PROCU;E 0CXl.tENT5 OR 1H I NGS
FOR D I SCX>VERY PURSUANT TO RULE 4009.22
Records Custodian, Harrisburg Hospital, III South Front Street, Harrisburg,
TO:
(Nane of Person or Entity)
PA 1710L
Within twenty (20) days after service of this subpoena, you are ordI:lred by the court to
produce the following doct.rnents or things: Complete copies of any and all medical
~ecords, reports and diagnostic studies regarding Charlotte Thompson
at Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA 17110-1280
(Address )
You may deliver or mail legible copies of the docunents or produce things requested by
this subpoena, . together with the certificate of CQ1l)1iance, to the party making this
reQUest at tI1e address 1 isted above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you fail to produce the doctments or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order
car1Jelling you to CQ1l)ly with it.
1H15 SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOYING PERSON:
NAME: Dennis J. Bonetti, Esquire
AOORESS:2931 North Front Street
H~rrisburg, PA 17110-1280
l.EPt-X:lNE: (717) 238-7555
REM:: <DJRT \0 # 34329
TIORNEY FOR: Defendant
BY THE CCURT:
Prothonotary/Clerk, Civil Division
ATE:
Seal of the Court
Deputy
(Eff. 7/97)
"
.0 .
"'. ~ ,~ "."~
~ OF PmNSYLVANIA
CXXJNr.i OF ClJMBERIlOO)
[oward O. Thompson, executor of the
~state of Charlotte ~hompson, deceased,
plaintiff
v.
File No. 00-2098
:
lary Yordy,
Defendant
SUBPOENA TO PR<D.K:E DO:l.tENTS OR 1H I NGS
FOR 0 I SCOVERY PlRSUANT TO RUlE 4009. 22
TO: Records Custodian, Holy Spirit Hospital, 503 North 21st Street, Camp Hill,
(Name of Person or Entity) PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: Complete copies of any and all medical
records, reports and diagnostic studies regarding Charlotte Thompson
at Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA 17110-1280
(Address)
You may deliver or mail legible copies of the doct.ments or produce things requested by
this subpoena, together with the certificate of ~liance, to the party making this
request at the address listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
I f you fai 1 to produce the doct.ments or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order
CCJI1)elling you to carply with it.
1H I S SUBPOENA WAS I SSUED AT 11-IE REQUEST OF TH:: FOLLCTN 1 NG PERSON:
NAME: Dennis J. Bonetti, Esquire
ADORESS:2931 North Front Street
Harrisburg, PA 17110-1280
TELEPHONE: (717) 238-7555
SUPREf'E OOURT 10 # 34329
TTORNEY FOR: Defendant
BY 1liE CCURT:
Prothonotary/Clerk, Civil Oivision
Are:
Seal of the Court
Deputy
(.litif 7L~
~-
_I
.-,>
,,~, ',,"
""~-~
,,,
cnMJNWE2\LTH OF PmlNSXLVANIA
CXXJNrY OF <IlMBERLAND
[oward 0; Thompson, executor of the
!state of Charlotte Thompson, deceased, :
Plaintiff
File No. 00-2098
v.
[ary Yordy,
Defendant
SlISPOENA TO PR<X.U::E DOCl..toENTS OR 1H I NGS
FOR D I SfX)VERY PURSUANT TO RUlE 4009.22
TO: Records Custodian, Robert P. Lonergan, M.D., 207 House Avenue, Suite 105
(Nane of Person or Entity) Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: Complete copies of any and all medical
records, reports and diagnostic studies regarding Charlotte Thompson
at Peters & Wasilefski. 2931 North Front Street, Harrisburg, PA 17110-1280
(Address)
You may deliver or mail legible copies of the docunents or produce things requested by
this subpoena, together with the certificate of CCII1'liance, to the party making this
retlUest at the address listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you fail to produce the docunents or things retlUired by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order
compelling you to ccmply with it.
TH I S SUBPOENA W~ I SSUED AT THE RECUEST OF n-e FOlLCW I NG PERSON:
NAME: Dennis J. Bonetti, Esquire
ESS:2931 North Front Street
Harrisburg, PA 17110-1280
LEF'H:lNE: (717) 238-7555
Re-e: CCtJRT 10 # 34329
TTORNEY FOR: Defendant
BY THE CClJRT:
Prothonotary/Clerk, Civi I Division
ATE:
Sea I of the Court
Deputy
-
~I
,,'1
=-
. ,-'" ,---" :'~i
~ OF PENNSYLVANIA
COONrY OF ~
~oward O. Thompson, executor of the .
:state of Charlotte Thompson~ deceased, :
Plaintiff .
Fi Ie No.
00-2098
v.
'lary Yordy,
Defendant
S\.lBPCENA TO PRCl:.U:E DOO..I'ENTS OR 1H I NGS
FOR 0 I SCOVEflY 'PURSUANT TO RULE 4009.22
TO: Records Custodian, Howard Cohen, M.D., 4713 Trind1e Road, Mechanicsburg, PA
(Name of Person ,01'" Entity)
17055
Within twenty (20) days after service of this subpoena, you are ordered by the court to
__..... th f II . "'---ts tho Complete copies of any and all medical
p,vuuce e 0 OWlng ............""" 01'" lngs:,
records, reports and diagnostic studies reqardinq Charlotte Thompson
at Peters & Wasilefski. 2931 North Front Street, Harrisbu~q, PA 17110-1280
(Address)
You may deliver 01'" mail legible copies of the dccunents 01'" produce things requested by
this subpoena, together with the certificate of ca1l)liance, to the party making this
request at the address listed above. You have the right to seek in advance the reasonable
cost of preparing the copies 01'" producing the things sought.
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court OI"'der
c:c::rrpe 11 ing you to c:arp Iy with it.
1HIS SUBPOENA WAS ISSUED AT THE REQUEST CF THE FOLLOYING PERSON:
NAME: Dennis J. Bonetti, Esquire
~ESS:2931 North Front Street
Harrisburg, PA 17110-1280
LEPH:lNE: (717) 238-7555
Rat! c:curr 10 # 34329
TTORNEY FOR: Defendant
BY THE CCURT:
Prothonotary/Clerk, Civi I Division
ATE:
Seal of the Court
Deputy
,-"" -,~~,
c
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing NOTICE
OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel and parties of interest
by placing the same in the United Stated mail, fIrst-class, postage prepaid, at Harrisburg,
Pennsylvania on thi~y of~OO, and addressed as follows:
Karl Hildabrand, Esquire
Metzger, Wickershm, Knauss & Erb, P.C.
3211 North Front Street
Harrisburg, PA 17110-0300
~ASllEFSEJ
, d QJ~L
~
BY:
"
I,
',;:,,'
<
'.
.,
fih::!
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO
RULE 4009.22 upon all counsel and parties of interest by placing the same in the United
Stated mail, first-class, postage prepaid, at Harrisburg, Peunsylvania on this~y Of--nOV-er,yJ~
. 2000 and addressed as follows:
Karl Hildabrand, Esquire
Metzger, Wickershm, Knauss & Erb, P.C.
3211 North Front Street
Harrisburg, PA 17110-0300
~;RS & W ASILEFSKI .
, . PJUftlL'1 Q Jtai ~
BY:
,;,,"'"'~~
~_~ ~H
L
'4c:llhi:.~:
HOWARD O. THOMPSON,
executor of the estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO
RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant, by and through his attorneys, certifies that:
(1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoenas are sought to be served,
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to this
certificate,
(3) no objection to the subpoenas has been received, and
(4) the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
BY:
S J. BONETTI, ESQUIRE
Attorney LD. 34329
2931 North Front Street
Harrisburg, PA 17110
(717)238-7555
j. - /)/2AJ-o
DATE: 4:
Attorney for Defendant
~,"' ,~
.~"-"~ .
HOWARD O. THOMPSON,
executor of the estate of CHARLOTTE
THOMPSON, deceased,
Plaintiff
v.
MARY YORDY,
Defendant
. ,
'~'_f"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.: 00-2098
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendant intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the
subpoenas may be served.
Date: J/~}5--00.
P;;E
BY: J/
DE; S J. BONETTI, ESQUIRE
A oruey I.D. 34329
2931 North Front Street
Harrisburg, PA 17110
(717) 238-7555
Attorney for Defendant
~~
~ ~I
j' ~
-
:_"J
<XM{)NWEALTH OF PalNSYLVANIA
COONl'Y OF aJMBERLAND
Howard O. Thompson, executor of the estate of ;
Charlotte Thompson, deceased,
Plaintiff
File No. 00-2098
v.
Maxy Yordy,
Defendant
SUBPOENA TO PROCIl.K:E DOCttENTS OR THINGS
FOR DISCOVERY PURSUANT TO RUlE 4009.22
TO: Records Custodian, steven Dailey, M.D., 875 Poplar Church Road, Camp Hill, PA 17011
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents or things: Complete copies of any and all medical
records, reports and diagnostic studies regarding Charlotte Thanpson, DOB 11-27-09,
SSN: 184-26-4529
at Peters 8i Wasilefski, 2931 North Front Street, Harrisburg, PA 17110-1280
(Address)
You may deliver or mail legible copies of the docunents or produce things requested by
this subpoena, together with the certificate of call)liance, to the party making this
request at the address 1 isted above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court e,rder
c:c:fI-.:>el1ing you to ~ly with it.
1H'S SUBPOENA WAS I SSUED AT TIiE REQUEST OF 1liE FOLLCIN I NG PERSON:
NA/"E: Dennis J. Bonetti, Esquire
ADDRESS: 2931Nofth Front Street
Harrisburg. PA 1711&-1280
L.EPH:lNE: (7171 2311-7555
SUPREl'E CCXJRT 10 # 34329
TTORNEY FOR: Defendant
BY 11iE CCURT:
Prothonotary/Clerk, Civi 1 Division
ATE:
Seal of the Court
Deputy
(Efr. 7/97)
. I
,
" ~
,~ '"
~~
-~.
<nMJNWEALTH OF PmNSYLVANIA
aJUNl'Y OF aJMBE:RIAND
Howard 0; Thompson, executor of the estate of :
Charlotte Thompson, deseased, ;
plaintiff
File No. 00-2098
v.
Mary Yordy,
Defendant
SUBPOENA TO PflCO.k:E DCCl.J1ENTS OR 1li I NGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:RecOrds Custodian, HeR Manor Care, 800 King Russ Road, Harrisburg, PA 17109
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
proCfuce the following docunents or things: cam:>lete copies of any and all records. r~rts
and diaanostic stlldies reqardinq Charlotte Tham:>son.DOB 11-27-09..SSN: 184-26-4529
at Peters & Wasilefski, 2931 NorlIh Front street, Harrisburg, PA 17110-1280
(Address)
You may deliver or mail legible copies of the docunents or produce things requested by
this subpoena, together with the certificate of carpliance, to the party making this
request at the address list~ above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order
compelling you to comply with it.
TH I S SUBPOENA WAS I SSUED AT TIiE REOOEST CF ll;E FOlLCW I NG PERSON:
N~:~SJ.~~tti, ~qWIe
ADDRESS: 2931 North Front street
Harrisburg, PA 17110-1280
TELEPHONE: (717) 238-7555
SUPREME COURT 10 # 34329
AlTORNEY FOR: Defendant
BY 1liE CCUflT:
Prothonotary/Clerk. Civil Division
ATE:
Sea 1 of the Court
Deputy
(Eff. 7/97)
.
I~
,
-
,,_.
'~'--M
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing NOTICE
OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel and parties of interest
by placing the same in the United Stated mail, fIrst-class, postage prepaid, at Harrisburg,
K'H" ~ Q&(2oo
Pennsylvania on this,C)lay of I)\J~ 0, and addressed as follows:
Karl Hildabrand, Esquire
Metzger, Wickershm, Knauss & Erb, P.C.
3211 North Front Street
Harrisburg, PA 17110-0300
lJcERS & W ASILEFSKI
~ ~ ~ J})cvR/U'
BY:
"'~Il' M'"" ~~_H
~ ~
.""""~-
_I
.
I.'
, c.. """."~"~.
;':"'.~. .~..~-",-. ^.- '--~-;I
, ' ' ,
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO
RULE 4009.22 upon all counsel and parties of interest by placing the same in the United
Stated mail, first-class, postage prepaid, at Harrisburg, Pennsylvania on this '~l'~y of ~~
. 2000 and addressed as follows:
Karl Hildabrand, Esquire
Metzger, Wickershm, Knauss & Erb, P.C.
3211 North Front Street
Harrisburg, PA 17110-0300
JJ;~~AJSJF~~.
BY:
~~=_ J _ "_~ .~~
=.=~ .
.1-
~ .........
-~'""""""'" ~
.';;"'''<J:I-;
HOWARD O. THOMPSON, EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 00-2098
MARY YORDY,
. Defendant
JURY TRIAL DEMANDED
AFFIDAVIT OF KARL R. HILDABRAND, ESQUIRE
IN SUPPORT OF PETITION FOR COURT APPROVAL OF SETTLEMENT
1. I, Karl R. Hildabrand, Esquire, am counsel for Plaintiff Howard O. Thompson,
Executor of the Estate of Charlotte Thompson, deceased.
2. On March 27, 2000, I was first consulted by Dr. Howard O. Thompson, the son
of the decedent, with respect to injuries Charlotte Thompson had received in a motor vehicle
accident on December 30, 1999. At that time, Charlotte Thompson was hospitalized at Manor
Care East, a full-time nursing facility in Harrisburg, Pennsylvania, being treated for a recent
heart attack and related medical complications.
3. On March 29, 2000, I met with Charlotte Thompson at Manor Care East.
4. On April 6, 2000, Charlotte Thompson died due to complications from her
recent heart attack.
5. Attached hereto, marked as Exhibit A and incorporated herein by reference, is a
printout showing the attorney time and expenses incurred by Metzger Wickersham in the
investigation and prosecution of the within action.
Document #222040.1
(~----!-~~
-
~. '~o-I
~ .'
"",
~ "1;'1'''
6. Liability was contested and depositions of the Defendant and other witnesses
were necessary.
7. An investigation was conunenced to determine whether the heart attack, related
complications, and subsequent death of Charlotte Thompson were accident related. Initially, the
undersigned received information from Howard O. Thompson, a medical doctor, that there was a
medical connection between the motor vehicle - pedestrian accident and the medical problems
leading to her death. Efforts were made to obtain the medical records, consult/contact the
medical doctors involved, and determine that relationship.
8. Because the action had initially been commenced on behalf of Charlotte
Thompson, it was necessary to raise an estate an substitute a representative of the estate upon her
death.
9. The medical doctors involved in the care of Charlotte Thompson following the
motor vehicle accident were unable to state within a reasonable degree of medical certainty that
it was causally connected to the motor vehicle accident, although strong suspicions were
advanced.
10. The medical records connected with Charlotte Thompson's treatment following
the motor vehicle accident; hospitalization on February 28, 2000, due to loss of blood volume;
treatment for her massive heart attack shortly thereafter; hospitalization in the Intensive Care
Unit and Coronary Care Unit of the Harrisburg Hospital; records relating to her catheterization
and resuscitation; and records related to her transfer to and care at Manor Care East in Harrisburg
were voluminous but necessary for the proper review and analysis of the Plaintiff s case.
Document #22:1040.1
-2-
,,~j"....._'~ ""'~~,
'" ,~~
"
lUlfl"~" ~ ~J!lI~~''l,'i
Photocopy charges reflected on the statement of costs were reasonable and necessary in order to
obtain and review these records.
Date: December~, 2001
Document #222040.1
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: ~:Er~~
P A Court LD. No. 30102
321l North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(7l7) 238-8l87
Attorneys for Plaintiff
-3-
i4,""~~1
-
k_ "'"
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
P.O. BOX 5300
HARRISBURG, PA 17110-0300
717/238-8187
TAX I.D. 23-2871395
November 30, 2001
Billed through 11/21/01
Bill number
000070-00391-024 KRH
Howard O. Thompson
512 Belvedere Court
Punta Gorda, FL 33950
THOMPSON v. Yordy
Charlotte Thompson v. Mary Yordy
Date/Loss: 12/30/99
Balance forward as of bill number 012 dated 12/07/00 $
Payments received since last bill (last payment 04/19/00) $
Net balance forward
$
FOR PROFESSIONAL SERVICES RENDERED
03/27/00 KRH
03/27/00 MLS
03/28/00 KRH
03/28/00 MLS
03/28/00 MLS
03/28/00 MLS
03/28/00 MLS
Conference with Dr. Thompson; open new file;
confer with MLS. 1.20 hrs
Meeting with Karl Hildabrand. .30 hrs
Review police report; confer with MLS; letter to
M. Yordy; letters to healthcare providers for
records. 1.00 hrs
Phone call from Officer Krone. .30 hrs
Memo to file regarding Paul Thompson interview.
.50 hrs
phone call to Lower Allen Township Police.
. 3 0 hrs
Phone call to witnesses. .20 hrs
"
1,161.27
61. 56
1,099.71
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
... ~
, ~1I1l1o'J.;J!f,jtf'
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
l"
.'-~~
.~'"
~"""'. ~,= .-~ -"
.,1,"
-,.~
Howard o. Thompson
Bill number 000070-00391-024 KRH
03/28/00 MLS Phone call from witness Paul Thompson.
03/29/00 KRH
03/29/00 MLS
03/29/00 MLS
03/30/00 MLS
03/30/00 MLS
04/03/00 MLS
04/03/00 MLS
04/03/00 MLS
04/03/00 KRH
04/04/00 MLS
04/04/00 MLS
04/05/00 MLS
04/06/00 MLS
04/06/00 MLS
04/06/00 MLS
04/06/00 KRH
04/06/00 KRH
04/07/00 MLS
04/07/00 MLS
04/07/00 KRH
04/08/00 KRH
04/10/00 MLS
.30 hrs
Meet with Mrs. Thompson and Dr. Thompson at
ManorCare. 2.00 hrs
Phone call from witness; memo to file.
Preparation of Complaint; conference
Hildabrand; review of file notes.
Preparation of Complaint.
Review file and prepare Complaint.
.60 hrs
with Karl
1. 50 hrs
2.00 hrs
1. 50 hrs
Phone call to Dr. Thompson; revision of
Complaint. .70 hrs
Meeting with Dr. Thompson; letter to EMS and
check request. .80 hrs
Review medical records received by client in
preparation of data sheet to obtain billing
number. .80 hrs
Revisions to complaint; confer w/MS; medical
records from Hampden Township EMS; letter to
Prothonotary. .70 hrs
Phone call from Client in preparation of Power of
Attorney. .80 hrs
Meet with client to sign Power of Attorney.
1. 00 hrs
Phone call to Mary Yordy and memo to file.
.50 hrs
Phone call to Highland Insurance Group; Notice of
Deposition; letter to Highland Insurance Group;
photographs of weis Market parking lot and
development of photos. 1.80 hrs
Yellow check regarding photographs.
. 30 hrs
Phone call to witness regarding scheduling
interview. .30 hrs
Travel to Accident scene; photograph accident
scene; phone call to Dr. Thompson; phone call to
Yordy agent and Highland INS; phone call from
Highland Ins. 2.50 hrs
Set up deposition of C. Thompson. .50 hrs
Preparation for witness interview.
1. 00
Interview Irma Davis. 2.50
Medical records from Manor Care; confer w/
letter from and to Dr. Cohen. 1.00
Harrisburg Hospital and Manor Care Medical
Records. .50
Review medical records from Manor Care.
.30
hrs
hrs
MS;
hrs
hrs
hrs
PAGE 2
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
.,"""," "- " ~
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
,
"~'!t-~. <'- ~,
.#-~~ ~,"-
I~.L i; ,~.l_~~...J~..i _.~__i. J_:,~
~"
"
Howard O. Thompson
Bill number 000070-00391-024 KRH
04/10/00 MLS
04/10/00 MLS
04/10/00 KRH
04/11/00 MLS
04/12/00 MLS
04/12/00 MLS
04/12/00 MLS
04/14/00 MLS
04/18/00 MLS
04/18/00 MLS
04/20/00 MLS
04/20/00 KRH
04/21/00 MLS
04/21/00 MLS
04/21/00 MLS
04/21/00 KRH
04/24/00 MLS
04/25/00 MLS
04/25/00 MLS
04/25/00 KRH
04/26/00 MLS
04/28/00 KRH
05/04/00 MLS
05/04/00 MLS
05/08/00 MLS
05/08/00 KRH
05/08/00 KRH
05/09/00 MLS
05/11/00 MLS
Phone calls to Doctor regarding
records request.
Review witness statement.
Confer w/Dr. Thompson; correspondence.
postponing
.60
.30
hrs
hrs
.40 hrs
Letter to Irma Davis; review and outline medicals
from Manor Care. 1.80 hrs
Phone call to Irma Davis. .30 hrs
Phone call to Sally Allen and Virginia Cookson
and Reverend Brown, memo to file regarding
witness information. 1.10 hrs
Phone call from Irma Davis. .20 hrs
Phone call to Virginia Cookson regarding
scheduling appointment. .20 hrs
Preparation for witness interview.
.50 hrs
Interview witnesses. 2.00 hrs
Memo to file regarding Virginia Cookson
interview. 1.00
Correspondence; preliminary objections and
from Bonetti. .30
Research rules for procedure to subsitute
parties. .50 hrs
Phone call to Dr. Thompson. .10 hrs
Amended Complaint and suggestion of succession.
1. 00 hrs
.10 hrs
.30 hrs
of amended
substition of
1. 00 hrs
Request for
1. 50 hrs
death.
.30 hrs
.30 hrs
.20 hrs
.20 hrs
Prothonotary.
.30 hrs
1. 00 hrs
Thompson at
Harrisburg.
1. 60 hrs
hrs
brief
hrs
Return of service.
Phone call to Dr. Thompson.
Phone call to client; revision
complaint; review procedure for
parties.
Preparation of Interrogatories;
Production of Documents.
Confer with MLS re: substitution of
Memo to file.
Medical records from Dr. Cohen.
Research Orphan Court Rules.
Phone call to Cumberland County
Open estate.
Travel to Carlisle. Confer with Dr.
courthouse. Open estate. Return to
Phone call from Register of wills.
.10 hrs
.30 hrs
Defendant.
.50 hrs
Phone call to Bond Company.
Revise and review discovery request to
. ~~,
PAGE 3
125 /hr
125 /hr
125 Ihr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
'" llri
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
"...d...~...~LUJ'" J,
i ,I
Howard O. Thompson
Bill number 000070-00391-024 KRH
05/11/00 MLS
05/11/00 KRH
05/12/00 MLS
05/12/00 KRH
05/12/00 JAC
05/15/00 MLS
05/16/00 MLS
05/16/00 KRH
OS/22/00 KRH
OS/23/00 KRH
05/30/00 KRH
05/30/00 KRH
05/30/00 KRH
05/30/00 MLS
05/31/00 MLS
05/31/00 KRH
06/05/00 KRH
06/05/00 MLS
06/06/00 MLS
06/06/00 MLS
06/07/00 MLS
06/08/00 MLS
06/26/00 MLS
Review letter from Bond Company regarding bond
application forms; phone call to Dr. Thompson;
phone call to AAA regarding bond service; letter
to Dr. Thompson. .80 hrs
Letter and stipulation form Bonetti. Letter to
Bonetti. Review discovery. .60 hrs
Review fax from Dr. Thompson; phone call to
Recorder of Deeds; phone call to Dr. Thompson.
.70 hrs
Review correspondence from Bonetti. Phone call
to D. Bonetti. .20 hrs
Phone call from Cumberland County Register of
wills. .20 hrs
Amend the Complaint, new caption and additions of
counts for wrongful death and survival.
1.00 hrs
law regarding wrongful
and amend the
2.00 hrs
law and statute regarding amending
.20 hrs
review of notice of argument.
.10
.10
.20
.10
D Bonetti.
.10 hrs
Research statute and case
death and survival action
complaint.
Review case
complaint.
Receipt and
Letter from D Bonetti.
Phone call to Dennis Bonetti.
Phone call from D Bonetti.
Receipt and review letter from
hrs
hrs
hrs
hrs
Phone call from Dr. Thompson regarding
information from opening of the estate.
.20
Letter to client regarding Certification of
of Letters Testimentary. .30
Receipt and review letter from D Bonetti.
.10 hrs
Review amended complaint. .20 hrs
Phone call/fax to client regarding verification
for Amended Complaint and Amended Caption.
.50 hrs
hrs
Grant
hrs
Receipt of correspondence from client.
.20 hrs
Prothonotary for
filing and phone call
.70 hrs
.20 hrs
Letter to Cumberland County
preparation of document for
from client.
Memo to file.
Correspondence from Cumberland County
Prothonotary. .20 hrs
Phone call to Cumberland County prothonotary;
certificate of service and correspondence to
Prothonotary; phone call to client.
.80
hrs
,,'
PAGE 4
125 /hr
125 /hr
125 /hr
125 /hr
55 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
<'"iittfui
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Howard O. Thompson
Bill number 000070-00391-024 KRH
06/27/00 MLS
07/05/00 MLS
07/17/00 KRH
07/18/00 MLS
07/18/00 KRH .
07/20/00 KRH
07/24/00 JAC
07/27/00 MLS
08/14/00 KRH
08/14/00 KRH
08/14/00 MLS
08/15/00 MLS
08/16/00 KRH
08/16/00 MLS
08/17/00 MLS
08/18/00 MLS
08/21/00 MLS
08/23/00 MLS
08/24/00 MLS
08/24/00 MLS
08/24/00 SEH
08/25/00 MLS
08/28/00 KRH
Review correspondence and
phone call to client.
.50 hrs
.20 hrs
Review correspondence.
Revisions to complaint and discovery.
.40 hrs
Revision of Amended Complaint; revision of
discovery requests. 1.50 hrs
Revisions to Complaint. .30 hrs
Revise requests for production. .20 hrs
Letter to Atty Bonetti enclosing discovery
requests. .20 hrs
Review correspondence. .20 hrs
Answer and New Matter from D. Bonetti
.20 hrs
Letter and discovery requests from D. Bonetti
.20 hrs
request; phone call to
phone call to client;
and scheduling of
2.50 hrs
clients; preparation and reply
preparation of Notice of
1. 50 hrs
Preparation of discovery
attorney Bonetti office;
correspondence to client
depositions
Correspondence to
to new matter and
Depositions
Correspondence from Register of
wills
.20 hrs
Preparation of Certification of Notice; phone
call to Register of wills and review Rules
regarding Certification of Notice .60 hrs
Preparation of subpoenas for witnesses to attend
deposition and preparation of correspondence.
1. 00 hrs
Preparation of discovery requests.
.50 hrs
Correspondence to Register of Wills; phone call
to Cumberland County Prothonotary; correspondence
to Prothonotary; preparation of Certification for
Register of wills. 1.50 hrs
Review correspondence. .30 hrs
Phone call to clients regarding status and review
correspondence. .50 hrs
Preparation of correspondence to witnesses to be
subpoenaed and Attorney Bonetti. .80 hrs
Prepare letters transmitting subpoenas.
.70 hrs
Phone call from client regarding discovery
requests and review correspondence from client
regarding discovery requests. 1.50 hrs
Finalize reply to New Matter and deposition
materials .20 hrs
PAGE 5
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
55 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
55 /hr
125 /hr
125 /hr
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Howard O. Thompson
Bill number 000070-00391-024 KRH
08/28/00 MLS
08/29/00 MLS
08/29/00 SCC
08/29/00 KRH
09/01/00 MLS
09/06/00 MLS
09/07/00 MLS
09/11/00 KRH
09/11/00 MLS
09/12/00 KRH
09/14/00 MLS
09/25/00 MLS
09/27/00 MLS
09/27/00 KRH
09/28/00 MLS
09/28/00 KRH
09/29/00 MLS
10/02/00 MLS
10/02/00 MLS
10/05/00 MLS
Revision of Answer to New Matter and
correspondence to Prothonotary. .60 hrs
Service of subpoenas on Irma Davis and Irene
Hursh; response to Request for Production of
Documents; answer Interrogatories and review
documents sent from client. 5.00 hrs
Filed Reply to New Matter. .30 hrs
Phone call from and to Dennis Bonetti
.30 hrs
Preparation of Answer to discovery request.
1. 50 hrs
Preparation of Answers to discovery requests.
1. 50 hrs
Preparation of documents and exhibits to follow
discovery requests and revision to answers.
1. 00
to discovery (1.0)letter
1.10
requests and answers.
.50 hrs
Letters to D. Bonetti with discovery responses
.30 hrs
Correspondence to Dr. Cohen; review file in
preparation of letter regaridng doctor's report.
.80 hrs
Phone call to client regarding approval of
payment to Dr. Cohen for report and
correspondence to Dr. Cohen. .60 hrs
Phone call to Court Reporter to confirm
depositions. .20 hrs
Letter and medical bill payment record from G.
Birton at Progressive .20 hrs
Depositions of defendant and two witnesses.
3.20 hrs
Review file; prepare for deposition; depositions
of Mary Yordy, Irene Hursh and Irma Davis;
conference with MLS 4.50 hrs
Correspondence to Progressive Insurance Company
regarding first-party file. .40 hrs
Preparation of authorization for copy of
first-party file; phone call to client regarding
signature and discussions regarding deposition.
.80 hrs
Preparation of authorization for copy of first
party file; phone call to client regarding
signature and discussion regarding depositions
.80 hrs
.20 hrs
Complete responses
Bonetti (.1)
Revision of discovery
hrs
from
hrs
Phone call from client.
PAGE 6
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 Ihr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
it,
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
w"'"
~. ~--
-
I ,~--~
~ ~~Il
,
.tilr'"~
Howard o. Thompson
Bill number 000070-00391-024 KRH
10/09/00 KRH
10/12/00 KRH
10/13/00 KRH
10/17/00 KRH
10/18/00 KRH
10/31/00 KRH
10/31/00 MLS
11/01/00 MLS
11/07/00 KRH
11/13/00 MLS
11/14/00 KRH
11/15/00 KRH
11/21/00 KRH
11/27/00 KRH
11/27/00 KRH
12/01/00 KRH
12/08/00 KRH
12/08/00 MLS
12/09/00 KRH
12/29/00 MLS
01/05/01 MLS
01/08/01 MLS
01/08/01 MLS
01/11/01 KRH
01/11/01 MLS
Letter to Bonetti, prepare Stipulation to Amend
Complaint (.4); letter to Dr. Thompson (.2)
.60 hrs
Letter and Subpoena from D. Bonnetti
.10 hrs
Transcripts .20 hrs
Letter and subpoena from D. Bonetti (.1); letter
to D. Bonetti (.2) .30 hrs
Correspondence from Progressive .10 hrs
Letter and weis accident report from Bonetti
(.2); phone call to D. Bonetti (.2) phone call
from D. Bonetti (.2) .60 hrs
Review file regarding status of case.
.30 hrs
Phone call to Dr. Cohen's office regarding
report; calculation of damages; review of medical
records. 1.00 hrs
Letter and notice of intent from D. Bonetti
.20 hrs
Phone call to Dr. Cohen regarding report.
.20 hrs
to
.40 hrs
.20 hrs
at Highlands
.30 hrs
.10 hrs
service regarding
.10 hrs
and notice from D. Bonetti
.20 hrs
Subpoenas from D. Bonetti .20 hrs
Telephone call to Dr. Thompson re update on case
.20 hrs
.10 hrs
Correspondence from Bonetti; letters
Prothonotary and Bonetti
Letter and notice from D. Bonetti
Phone call from and to Dan Radman
Insurance Group
Letter from D. Bonetti
Correspondence from copy
Progressive file
Letter, subpoenas
Correspondence
Phone call to and from Dr. Thompson.
Phone call from Dr. Thompson regarding
Cohen's report
Phone call from Dr. Thompson regarding
Cohen's report
Phone call from Dr. Cohen's office.
.30
Dr.
.20
Dr.
.20
hrs
hrs
hrs
.20 hrs
Medical report from Dr. Cohen; medical records
from D. Bonetti (Manor Care); conference with MLS
(.5); letter from Progressive; phone call to
Progressive (.2) .70 hrs
Receipt and review of Dr. Cohen; correspondence
to Dr. Thompson enclosing records.
.50
hrs
-',
~ ',-~
PAGE '7
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
-li""i
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Howard O. Thompson
Bill number 000070-00391-024 KRH
01/11/01 MLS
01/18/01 KRH
01/23/01 KRH
01/23/01 MLS
01/24/01 KRH
01/24/01 MLS
02/08/01 MLS
02/09/01 MLS
02/16/01 MLS
Phone call to Dr. Thompson regarding report
.30 hrs
Phone call to Dan Radman .20 hrs
Letter and Harrisburg Hospital records from
Bonetti (.3); conference with MLS (.2)
Phone call to Attorney
Authorization Request;
Bonetti enclosing such
.50 hrs
.30 hrs
.10 hrs
to client
.50 hrs
Bonetti's office regarding
correspondence to Attorney
authorization
Phone call to Dr. Thompson
Letter from D. Bonetti
Phone call from client; correspondence
.50 hrs
Correspondence to Attorney Bonetti enclosing
Manor Care authorizations .30 hrs
Phone call to Attorney Bonetti and correspondence
to Attorney Bonetti enclosing release
03/01/01 KRH Letter and statement from Gina Burton
.50 hrs
03/09/01 KRH
03/09/01 MLS
03/13/01 MLS
03/14/01 MLS
03/30/01 MLS
04/03/01 MLS
04/21/01 KRH
05/01/01 ASM
05/01/01 MLS
05/03/01 ASM
05/07/01 KRH
05/07/01 MLS
05/11/01 MLS
.10 hrs
Correspondence from D. Bonetti; letter from Dr.
Thompson; letters to D. Bonetti and client
conference with MLS and CDV 1.20 hrs
Phone call to Dr. Cohen re request CV and Amend
Report; phone call to Dr. Thompson re CV
.40 hrs
Phone call to client Left message w/in laws
.20
call to Dr. Thompson requesting copy
.20
call from MCS regarding payment made
.20 hrs
Phone
CV
Phone
hrs
of his
hrs
Phone call from MCS Group re invoice
.20 hrs
from Progressive
.30 hrs
records from Progressive
.20 hrs
Phone call to Dr. Cohen re revised report
.20 hrs
Organize records received from Progressive
.80 hrs
Motion from D. Bonetti; letter to
.20 hrs
to Dr. Cohen re revised report
.20 hrs
1. 00 hrs
Receipt and review file
Insurance Company.
Meet with KRH regarding
Letter and
Bonetti.
Phone call
Preparation of Demand Letter
PAGE 8
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
55 /hr
125 /hr
55 /hr
125 /hr
125 /hr
125 /hr
-- <,,'""" ;\,"(<
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
O.
:j
L
L I
Howard O. Thompson
Bill number 000070-00391-024 KRH
05/17/01 KRH
05/17/01 MLS
05/18/01 MLS
OS/22/01 KRH
OS/23/01 MLS
OS/23/01 MLS
OS/29/01 KRH
05/30/01 KRH
06/04/01 KRH
06/04/01 MLS
06/05/01 KRH
06/05/01 MLS
06/05/01 MLS
06/06/01 MLS
06/07/01 KRH
06/08/01 MLS
06/12/01 KRH
06/19/01 KRH
07/03/01 KRH
07/03/01 MLS
07/20/01 KRH
08/09/01 KRH
08/15/01 KRH
08/27/01 KRH
08/31/01 KRH
Order of Court; letter to Dr. Thompson.
.30 hrs
Phone call to Dr. Thompson re status of case
.20 hrs
Phone call to Dr. Thompson; receipt and review
correspondence from Dr. Thompson; Phone call to
Moffitt and Pease .60 hrs
Phone call from D. Bonetti; phone call from
Bonetti. .30 hrs
Phone call to Dr. Thompson re cardiologist
report .20 hrs
Prepare demand letter .50 hrs
Phone call from and to D. Bonnetti; phone call
from D. Bonnetti .30 hrs
Phone call to Dr. Thompson (.1); letter to Dr.
Thompson; letter to D. Bonnetti (.2)
. 3 0 hrs
Letter from D. Bonetti; letter to Dr. Thompson.
. 3 0 hrs
Phone call to client .20 hrs
Phone call from Dr. Thompson; phone call Dr.
Thompson; confer with MLS. .40 hrs
Phone call to client .20 hrs
Phone call to client. .20 hrs
Meeting with client to review documents for
cardiologist .30 hrs
Review expert reports; travel to Carlisle;
argument on discovery motion before Judge Hess;
confer with Attorney Bonetti; return to
Harrisburg. 1.50 hrs
Phone call to client re meeting .20 hrs
Court Order from Judge Hess; letter to Dr.
Thompson. .30 hrs
Report from Dr. Bokelman; letter to Dr. Thompson;
phone call to Dr. Thompson. .50 hrs
Let ter to Dr. Thompson. .20 hrs
Phone call to client re Dr. Bokelman's Report &
settling case .30 hrs
Phone call to D. Bonetti. .20 hrs
Phone call to D. Bonetti. .20 hrs
Phone call to D. Bonetti; phone call from D.
Bonetti; phone call to D. Bonetti; phone call to
Dr. Thompson; phone call from Dr. Thompson; phone
call to D. Bonetti; letters to Bonetti and
client. 1.00 hrs
Letter and Release from D. Bonetti.
Phone call to D. Bonnetti; prepare
Court Approval of Settlement.
.20
Petition
1.20
hrs
for
hrs
PAGE 9
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
~'''''~IJ{:')i}:'
,
i
I
I
* I
* I
!
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Howard O. Thompson
Bill number 000070-00391-024 KRH
09/18/01 MLS
09/26/01 KRH
10/18/01 KRH
10/19/01 KRH
10/29/01 KRH
11/01/01 KRH
11/02/01 KRH
11/09/01 KRH
11/16/01 KRH
11/21/01 KRH
DISBURSEMENTS
03/27/01
06/08/01
11/21/01
11/21/01
11/21/01
11/21/01
11/21/01
BILLING SUMMARY
PAGE 10
Phone call from client;
Thompson
Revisions to Petition; review
settlement.
Phone call from Dr. Thompson.
Finalize Petition; letter to Dept.
letter to Dr. Thompson.
Phone call from Dr. Thompson; modify
correspondence to Dr.
.50 hrs
allocation of
.60 hrs
.20 hrs
of Revenue;
.50 hrs
Petition.
.20 hrs
Phone call to D. Bonetti. .10 hrs
Correspondence. .10 hrs
Correspondence from Department of Revenue;
finalize Petition; letters to Prothonotary, Dr.
Thompson, and D. Bonet ti . . '70 hrs
Let ter to Dr. Thompson. .20 hrs
Phone call from and to Judge Hess' office.
.10 hrs
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
Total fees for this matter
$
15,390.50
The MCS Group, fee for copying medical records.
Karl R. Hildabrand, travel expense to Carlisle.
Photocopies @ .12/copy
Photocopies.
Postage.
Long distance phone calls.
Fax.
84.39
17.75
5.52
97.20
11.40
13.74
20.00
Total disbursements for this matter
$
250.00
STEVEN C. COURTNEY (SCC) .30 hrs 37.50
JUDITH A. CUNNINGHAM (JAC) .40 hrs 22.00
KARL R. HILDABRAND (KRH) 39.30 hrs 4,912.50
SUSAN E. HOSLER (SEH) .70 hrs 38.50
AMY S. MASON (ASM) 1. 00 hrs 55.00
MELISSA L. VAN ECK (MLS) 82.60 hrs 10,325.00
-----------.-
TOTAL FEES 124.30 hrs 15,390.50
llJ;I\'''Eli'l1'i
I
I
I
I
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
<~ - ="". ~~;,
L~~"
j.,
..-
Howard O. Thompson
Bill number 000070-00391-024 KRH
PAGE 11
TOTAL DISBURSEMENTS $ 250.00
-------------
TOTAL CHARGES FOR THIS BILL $ 15,640.50
NET BALANCE FORWARD $ 1,099.71
-------------
TOTAL BALANCE NOW DUE $ 16,740.21
rlt'i!i:lJ"i
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
"
.J_
~- =~
.-,
" .
~. .'
REPRINT OF BILLED DETAILS (as billed)
Bill number 000070-00391-012 KRH
Bill date 12/07/00
Howard O. Thompson
512 Belvedere Court
Punta Gorda, FL 33950
THOMPSON v. Yordy
Charlotte Thompson v. Mary Yordy
Date/Loss: 12/30/99
FOR PROFESSIONAL SERVICES RENDERED
DISBURSEMENTS
04/04/00 140
04/05/00 150
04/05/00 150
04/07/00 160
04/07/00 160
04/19/00 160
08/21/00 150
08/25/00 160
08/25/00 160
08/30/00 130
09/25/00 160
10/17/00 160
11/30/00 105
11/30/00 110
11/30/00 120
11/30/00 122
BILLING SUMMARY
TOTAL FEES
$
Carol A. Lyter, notary fee.
I
Cumberland County Prothonotary, filing fee for
complaint I.
Cumberlanr County Sheriff, service of complaint
adavance fee.
Melissa L:. Stickel, development of photographs.
Hampden Emergency Medical Serivce, fee for
I
photocopy and research fees.
Howard Roy Cohen, M.D., fee for copying medical
records.
Cumberland County Prothonotary, seal subpoena.
Irene Hursh, cost for Witness Fee.
Irma Davis, Witness Fee.
Steven C. Courtney, travel to file document at
Cumberland County Courthouse.
Howard Roy Cohen, M.D., fee for records review
and opinion letter.
Hughes, Albright, Foltz & Natale Reporting
Service, deposition transcripts.
Photocopies.
Postage.
Long distance phone calls.
Fax.
TOTAL DISBURSEMENTS
$
TOTAL CHARGES FOR THIS BILL
$
/
I
". '
" i;w,,~;
.00
2.00
45.50
1~0
7.15
20.00
21.37
4.00
15.00
15.00
9.10
150.00
343.85
292.86
20.40
22.04
93.00
1,161.27
1,161.27
, 11;co
CERTIFICATE OF SERVICE
AND NOW, this ~ day of December, 2001, I, Karl R. Hildabrand, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certifY that I served the foregoing
Affidavit this day by depositing the same in the United States mail, postage prepaid, in Harrisburg,
Pennsylvania, addressed to:
Dennis J. Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110-1280
B;;~\?~~--P
Karl R. Hildabrand, Esquire
Document #222040.1
,-"i~~~!!M,tlIi.li~j!1l;if,'~'~i:I1!Iillili&"'J1l'ili!iI~IOJi;jid.~"'-'il<l@~i!!LW"~~*.llS_i~i8!>~~~IIll~
!III
," ~~,~.
,~" ,.~. ~~ - ,"' -,
~.,.,~"',."
""" ~~
~........,
,~~-,~ ~
~,~-~ ~^ ~ ~~
..~ l ^
-.
-~"~...
(") = ,~
C
-,.
~ CJ
-rJf-;'::
I'Tl ' ^, ~, ;".",
~f~~.11 '. j n
t...'"
~(; ,
-r.;
2: C" --".
;D. t..J
C c..-,)
~ --.,
.c -'-,
=< __,f :0
..- -<
..
~~-
.
....h
~.
.~'~-*'{'
,-
HOWARD O. THOMPSON, EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
ORDER
AND NOW, this _ day of
,2001, upon submission of the
within Plaintiff's Petition for Court Approval of Settlement, the Court hereby directs that a
hearing on the Petition shall take place on the _ day of
,2001, at
o'clock _.m., in Courtroom No. _, at the Cumberland Couoty Courthouse.
BY THE COURT:
1.
cc: Karl R. Hildabrand, Esquire
Dennis 1. Bonetti, Esquire
Document #: 216365.1
).../
"
~
-I
"-, '" "-,
J~~
~j(\.~~-i
HOWARD O. THOMPSON, EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON,DECEASED,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
NO. 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
ORDER
AND NOW, this S" day of -y,~
,2001, upon consideration of the
within Plaintiff's Petition for Court Approval of Settlement, it is hereby ordered and directed that
the settlement ofthe above-captioned matter is approved. Payment of the settlement funds shall
be made as set forth below. Petitioner is authorized to discontinue the instant litigation against
the Defendant. Petitioner is further authorized to execute a general release in favor of the
Defendant, Mary Yordy.
The settlement proceeds of $1 0,000.00 shall be distributed as follows:
Estate of Charlotte Thompson, Deceased
Howard O. Thompson
Metzger, Wickersham (1/3 contingent fee)
Metzger, Wickersham (costs)
$ 1,069.57
4,278.30
3,333.33
1318.80
$10.000.00
BY THE COURT:
cc:
Karl R. Hildabrand, Esquire
Dennis J. Bonetti, Esquire
/JJ
L~11~
I ?.-~-O I lX
Document #: 216365.1
!MiilI_~:lilI ~''''''"'~.[i&~~~~ilia;;'!l;il...aWillllo'lb~I~~~;;j~:",''''iimlliilllm<'li!ll;l~~''''p..." ....... --'iIiliIIlJillUiil
JI!I!!" .~", "_~"'," ",.~e
~~_~ ,~','~'N_'_ ,. "_M''0~,'"",,~,"_, ,".,
^I.Nn~\"v;rQ:~~NN3d
"-,"j '-";:<"',F//'!=7,'::Ji/iin
---""fl!']
81:~ :,U
~
'..,-.
r:'U... I"
\,.i....), U
It"11
/\(,.j~;j,C': " ,
." - '""_. "",,^~", c, .,
-~",'-""""'
"'~iliillllliiiil
""_~, '_r
-
~ .,~ ~'"'
'-""~...Ol
~~
-
O"'..'''''.c
~, ~ "
~ '
o
.. !lfr.~}-~j
HOWARDO.THOMPSON,EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
PLAINTIFF'S PETITION FOR COURT APPROVAL OF SETTLEMENT
1. Plaintiff, Howard O. Thompson, is an adult individual residing at 512 Belvedere
Court, Punta Gorda, Florida, 33950. Petitioner is the Executor of the Estate of Charlotte Thompson,
deceased, his late mother, indicated by letters of administration issued by the Register of Wills of
Cumberland County, Pennsylvania, on May 12,2000. Attached hereto, marked as Exhibit "A", and
incorporated herein by reference is a true and correct copyofthe Certificate of Grant of Letters.
2. Defendant, Mary Yordy, is an adult individual currently residing at 1072 Lancaster
Boulevard, Apt. 12, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Decedent, Charlotte Thompson, was injured in a motor vehicle/pedestrianaccident
which occurred on December 30, 1999, in the parking lot of the Weis Market at 5140 Simpson
Ferry Road in Mechanicsburg, Cumberland County, Pennsylvania.
4. As a result of the foregoing accident, Charlotte Thompson sustained the following
injuries:
(a) fracture to the right tibial plateau;
(b) contusions, abrasions, and trauma to her legs and body;
(c) trauma and injury to her right leg and ankle;
Document #: 216365.1
.,
-.
1-
.
~"~
,-- ,=-...
.,
""1" ~l>i
(d) stress ulcer resulting in internal bleeding.
She was placed in a brace and used a walker. She underwent physical therapy and
seemed to progress well. See report of Dr. Cohen (9/27/00) attached hereto as Exhibit "B" and
incorporated herein by reference.
5. Charlotte Thompson subsequently died on or about April 6, 2000, due to acute
gastrointestinal bleeding and electrocardiographic changes compatible with ischemia and associated
with a rise in her cardiac enzymes consistent with acute myocardial injury. The relationship
between the injuries suffered in the accident and her subsequent death was suspected but not
definitely confirmed.
6. At the time of her death, the Decedent was 90 years of age (d.o.b. 11/27/09), she was
a widow, and she resided alone at 335 Wesley Drive, Mechanicsburg, Cumberland County,
Pennsylvania, and she had one child, Howard O. Thompson.
7. The above described accident was caused by the alleged negligence of Mary Yordy,
the operator of the car involved in the car/pedestrianaccident described above. The Decedent was
walking across the store parking lot when allegedly struck by the Defendant's car.
8. At the time of the accident, the Defendant, Mary Yordy, had a primary liability
policy with Highland Insurance Group (hereinafter Highland).
9. Highland has offered and Plaintiffhas agreed to accept the sum of $10,000.00 in
settlement of the Plaintiff's claim arising out of the accident.
10. At the time of her death, the Decedent, Charlotte Thompson, was retired.
11. Surviving the Decedentpursuantto 42 Pa. C.S. s8301(a)is her son, HowardO.
Thompson, the Executor of her estate.
-2-
Document #: 216365.1
"
-" ">
I~ ~
, '
~~*i''-'j
12. At the time of her death, Decedent, Charlotte Thompson, had debts which exceeded
her minimal assets. Due to the insufficiency of assets, her son, and sole surviving heir, incurred
personal expenses of $2,600.00 for funeral expenses, tombstone, and last month's rent.
13. As a result of her death, Howard O. Thompson, the decedent's son, has been
deprived of the services, gifts, advice, and succor of his mother.
14. Petitioner, as Executor of the Estate of Charlotte Thompson, believes, and therefore
avers, that it would be in the best interest of the Plaintiff and the estate to accept the aforementioned
settlement.
15. Contemporaneous with the settlement herein, Petitioner proposes to sign a release
with the payor herein, releasing any and all claims for the accident in question.
16. Plaintiff entered into a written Contingent Fee Agreement with his attorneys,
Metzger, Wickersham, Knauss & Erb, P .C., for the handling of the within claim. Attached hereto,
marked as Exhibit "C", and incorporated herein by reference is a copy of said Fee Agreement.
Pursuant to the terms thereof, Plaintiffhas agreed to pay to his attorneys a one-third contingent fee,
or $3,333.33, from the gross recovery.
17. Pursuant to the terms of the aforesaid Fee Agreement, Plaintiffhas agreed to
reimburse Metzger, Wickersham, Knauss & Erb, P.c., for advanced costs which are itemized as
follows:
Carol A. Lyter, notary fee.
Cumberland County Prothonotary, filing fee for Complaint.
Cumberland County Sheriff, service of Complaint, advance fee.
Development of photographs.
Hampden Emergency Medical Service, fee for photocopy
and research fees.
Howard Roy Cohen, M.D., fee for copying medical records.
Cumberland County Prothonotary, seal subpoena.
2.00
45.50
38.44
7.15
20.00
21.37
4.00
- 3 -
Document #: 216365.1
,.
-
- I.
j "
._~-
"""",tj,""
Irene Hursh, cost for witness fee.
Irma Davis, witness fee.
Travel to file document at Cumberland County Courthouse.
Howard Roy Cohen, M.D., fee for records review and
opinion letter.
Hughes, Albright, Foltz & Natale Reporting Service,
deposition transcripts.
The MCS Group, fee for copying medical records.
Travel expense to Carlisle.
Photocopies.
Postage.
Long distance phone calls.
Fax.
Total.
15.00
15.00
9.10
150.00
343.85
84.39
17.75
375.66
22.00
34.59
113.00
1,318.80
18. The Petitioner herein requests that this Honorable Court enter an Order allocating
the distribution of said $10,000.00 settlement as follows:
Estate of Charlotte Thompson, Deceased
Howard O. Thompson
Metzger, Wickersham (1I3 contingent fee)
Metzger, Wickersham (costs)
$ 1,069.57
4,278.30
3,333.33
1.318.80
$10.000.00
19. The aforesaid allocation of 80% to the wrongful death claim and 20% to the
survival claim has been approved by the Pennsylvania Department of Revenue. See Exhibit "D"
attached hereto.
- 4-
Document #: 216365.1
-
"'" ~ -'
_ 0 ~
-
~~~
~'w
~< -" " -= -"4m;',t,
WHEREFORE, Petitioner respectfully requests that this Court enter an Order in the
proposed form approving the settlement and allocating the distribution as set forth herein.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Dated: 11- '1 ~ 0 (
By ~~~6~ eo . e..f7
arl R. HIldabrand, EsqUIre
Attorney I.D. No. 30102
P.O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
- 5 -
Document #: 216365.1
"
~
"
~, ~
, 'Ulf.jgb
..
CONTINGENT FEE AGREEMENT
Charlotte W. Thomps.on, by Dr. Howard O. Th.ompson, P.ower of Attorney for Charlotte W.
Thompson, hereby employs KARL R. HILDABRAND, Esquire of Metzger, Wickersham, Knauss
. & Erb, as my attorney to negotiate a settlement, institute, conduct, superintend and prosecute to
, final determinati.on by suit or action, if necessary, a clajrn arising out of injuries to Charlotte W.
";\:
.~
Thomps.on on December 30, 1999, when she was struck by a vehicle operated by Mary Yordy,
. ; . . - . .'
:' ~'
l-'
. . ilgainst Mary Y.ordy, Pro~essive Insur,anceC.olllpany (unc;lerinstirance claim), or other responsible
'.'~
'j
;~~~.'
_ Pi!rties::
'10
~ ..t
.. r'. .~,~.i' " _
~",..." . "'.< .,. ~ '-',' "
The fee of the att.orney shal.! be contingent as foll.ows:
. . ~ '.!
1.,
. ._"
Attornev'sFees:
, ~
i~ j :
! i
(a)
, '. .-;-..: .j
Thirty~thJee and one-thiJ:;d 'percent (33 1/;3 :V?) of gross recoyt;ry if case is
;,~ , :
<
.~
" .
, .
.., settled .or ~f gross amount recovered if tried.
,,}-
,
"j
~r
.
't
(b)
Forty peq::ent (40%) of gr.ossamount recoyered if P.ost trial mQtions are filed
'. ,. . ~ . ,~
.~' ,; , .
or if the c~se is appealed beyond the local countY, .or district court,;
. .,
(c) SHOULD THERE BY NO RECOVER);" BY SUIT OR SETTLEMENT,
SAID ATTORNEY IS TO HAVE NO CLAIM AGAINST ME OF ANY KIND FORLEGAL
SERVICES RENDERED.
2.
EXDenses of Litigation:
Actual expenses incurred on the business of the client
, .
shall be borne by the client and my attorney sha11be reimbursed out of the balance of any recovery
for all legal expenses incurred in the prosecuti.on .of this claim.
I agree t.o pay all expenses incurred by my att.orney in the preparati.on and presentation of
this case and do understand that these expenses include, but may not be limited to, court costs,
Document #: 171814.1
"
~".
~ ~~
Jf_ ~
- ,. "
~".. - ''''':N
. .
stenographic expenses connected with depositions, expert witness fees, photocopying charges,
travel and mileage charges, telephone charges and related expenses connected with the rendering of
legal services. I understand tliat I am responsible for payment of these expenses regardless of the
eventual outcome of the case and further understand that if my attorney deems it necessary, I may
be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any
deposition.
3.
1
I further agree that my att'orney is authorized" to bring suit or to settle and
compromise the smd claim, to execute all documents perj:aining thereto; and to do all lawful acts
.:' '. .i-
JeqWsit~ fo~~ffe~~g th~cl~on PlYbehal~ :
4. I agree that ,my attorney ac~~pts this employment on the cO!;ldition that he will;
,<:'0,- " , ;i.( , ,:_.-
in~l;lstigate this claim, ahd if it appears to ~l;l a recoverable claim, he will proceed to handle the
"-.~, ~. ' ',~. ~ .,~ .
claim; but if, after investigation, the claims (foes not appear to be recoverable, .then said attorney
- : r,..
shaf~ have the right to re$cin!lthis Agreernen~ ..
5; I agree that ~y attorney may' wi!hdraw from this case at any time after reasonable
-?
notice to me, and I agree to keep him advised of my whereabouts at all times and to cooperate at all
times in the preparation and trial of this case, :to appear upon reasonable notice for depositions
. . ~
and court appearances, and to comply with all reasonable requests made of me in connection with
.. '.' .
the prepara,tion and presenta,tiQn of this case.,
Dacument#,171814.1
--'--
~~
<
". '-~~ I< ~
IN WITNESS WHEREOF, I have signed below on this ~ day of
I11Il ~ ({ 2000.
, ,
.,
"f
Document #: 171814.1
~~~----::
, arlott" W:'fhmiiPSOn;hy Dr. Howard O. Thom;;;:~'~wer of
Attom~y for Charlotte W. Thompson .
--~
;~ ',.
"- , '.~f ~ - -
<.1 <~'.. .
MET~GER, WICKERSHAM, KNAUSS & ERB
-: "
:~
-' -"~ . -: ;., " ~, !
~~~~-~
~ ,f
;
4
.,~
L~' "~~m;~>t,
~
,
$
~,
-.-
~'"'..
~ L
~.
. ~ HaVRS liv
,APPOIN1"MENT
"
.!f{olJ)a~d ~oy C;oherz, .Sl1. !J)
INTERNAL MEOICINE
4713 EAST TRINOLE ROAD
MECHANICSBURG, PENNSYLVANIA 17055
September 27,2000
Melissa LStickel
Metzger, Wickersham, Knauss and Erb, p"C.
RE: Charlotte Thompson
Dear Ms. Stickel:
1 had the pleasure of attending Charlotte Thompson from 1989 until her recent death.
Charlotte's premorbid condition included congestive heart failure and peripheral vascular
disease. Medications had included Lanoxin 0.125 mg. o.d., Lasix 40 mg. o.d., KCL 10
mEq. and PrinivillO mg. o.d.
On January 5, 2000 Charlotte was hit directly by an automobile in a grocery store parking
lot She suffered a tibial plateau fracture and hemearthrosis. At the time of this accident
she had been doing quite well. Her congestive heart failure was under excellent control
and asymptomatic as was her peripheral vascular disease.
The patient was admitted to the hospital,seen in consultation by orthopedic surgery,
placed in a brace Jmd.was asked to 1lSe utilized walker andmadetlOlloweigh~
The patient actually appeared to be in little distress secondary to the fracture. She
ambulated with full weight I:l'aring against advice and did not use her walker except to
carry it along. She did not have any significant pain. The patient was advised to go from
the hospital to a rehabilitation center but felt that she could manage without difficulty at
home stating that a friend was available to help her that she had no difficulty in activities
of daily living,could dress herself, feed herself, bathroom herself and bath herself. She
was seen in consultation by physical therapy during the hospitalization and we
acquiesced to allow her to go directly home from the hospital.
.-,
~ '{::r~:
TEL..EI~HONE
737~8686
-
~~
~_I
I-.
" ,--" ~
-'.",~",,"" jJ
RE: Charlotte Thompson
September 27, 2000
Page 2.
The patient was next admitted to Holy Spirit Hospital on February 29, 2000. She had
suffered an acute gastrointestinal bleed and presented with melena and hematocrit of 20.
She also had dramatic electrocardiographic changes compatible with ischemia and
associated:with a rise in her cardiac enzymes consistent with acute myocardial injury.
The patient was transfused with 4 units of packed red blood cells and stabilized. She was
asymptomatic until March 8th when at approximately 3:30 a.m. she developed chest
pain, shortness of breath, hypotension and clinical shock with a systolic blood pressure of
60.
Electrocardiogram at that time rev~ed an acute inferolateral myocardial infarction.
Additionally the patient suffered from sustained ventricular tachycardia. She was
transferred to the intensive care unit and stabilized. Later that day she was transferred to
the Harrisburg Hospital for cardiac catheterization and possible intervention.
The patient was found to have multi vessel disease and was able to have a single vessel
partially opened via angioplasty. Remaining distal disease was present.
The patient continued to have a progressively downhill course with severe congestive
cardiomyopathy secondary to a very low ejection fraction secondary to her multiple
infarcts. Further intervention was unfeasible and medications were eventually
withdrawn. The patient proceeded to die of her cardiac disease.
The major question in this case is the potential relationship of the motor vehicle accident
with the patient's eventual demise.
The.patient .was.essentially asymptomatic at the. time oiber injury relative to her
underlying cardiovascular disease. She had been stable on her current treatment regimen.
Shortly thereafter she did present with an acute significant gastrointestinal bleed. It is
fairly clear that the bleed stressed her already diseased coronary arteries beyond their
ability to provide adequate blood supply to the myocardian causing myocardial
infarction. It is also clear that the myocardial infarctions caused the severe congestive
cardial myopathy which became refractory to treatment and resulted in the patient's
death.
,.....-.
I
-' "
,i^ "
, l
.~
RE: Charlotte Thompson
September 27, 2000
Page 3.
What is unclear to me is to state with any degree of medical certainty is whether the
gastrointestinal bleed was directly related to the motor vehicle accident. It is well known
that any episode of severe stress can cause stress ulceration of the stomach and
gastrointestinal bleeding particularly in the elderly. Although the patient did not seem
particularly stressed in that she did not complain of pain nor did she seem particularly
hampered with the injury it is certainly possible that this did create enough stress to cause
ulceration and bleeding. The patient did not undergo endoscopy at the time of her acute
gastrointestinal bleed.
I am enclosing the pertinent medical records once again for your review.
Finally I would state that the motor vehicle accident seemed to set in motion a series of
events that eventually led to the patient's demise. I am however unable to state with
absolute certainty that they were related.
Sincerely,
stfJ~;.~,o
Howard Roy Cohen, M.D. .
HRC/mls
'"""''''';~'i
i
,
l
i
I
/
MAY- 7-01 MON 3:10 PM
"
HOWARD R" COHEN, MD
I. ~
~, ~~
p" 1
foIOURS BY
ApPOINTMENT
TELEP.HONE
7S7~a6e6
.jfowa..J !Roy r..'ohe~, jJ( flJ.
lNTERNAL MEDICINE
4713 EAST TRINDLE ROAO
MECHAN1CSBURG. PENNSVLVANIA r1055
5/7/01
Melissa L. Stickel
Metzge~,Wicke~sham, Knauss & Erb, P.C.
Re: Charlotte Thompson
Dear Ms. Stickel:
Per our telephone conversation, please be
advised that Mrs. Charlotte Thompson's
date of accident was 12/30/99, and not
1/5/00 as stated in my 9/27/00 letter.
Her chart well docUments the correct
date of accident as 12/30/99.
Sorry for any inconvenience in this matter.
Sincerely,
~.
Howard R. Cohen, M.D.
HRC/pbg
, ~ ",-
~- ~
"
-
. "
~'!M&Yi,
-..
Register .of Wills of CUMBERLAND County, Pennsylvania
Certificate of Grant of Letters
No. 2000-00397 PA No. 21-00-0397
ESTATE OF THOMPSON CHARLOTTE W
\L~~~, rLK~~, MLUUL~}
Late of
UPPER ALLEN TOWNSHIP
'~UMtl~~La~U ~UUN~~,
,
Deceased
Social Security No. 184-2$-4529
WHEREAS, on the 12th day of May 2000 an instrument
dated May 22nd 1996
was admitted to probate as the last will of THOMPSON CHARLOTTE W
(L~~~, rLK~~, MLUUL~)
late of UPPER ALLEN TOWNSHIP
,
CUMBERLAND County, who died on the
6th day of April 2000 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, MARY C. LEWIS , Register of Wills in and for
the county of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify
that I have this day granted Letters TESTAMENTARY
to HOWARD 0 THOMPSON
who has duly qualified as Executor(rix)
and has agreed to administer the estate according to law, all of whic~ fully
appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF; I have hereunto set my hand and affixed the seal
of my Office the 12th day of May 2000.
~-t~v(J ?6ff{t~~/~;~p.;p,,~
**NOTE** ALL NAMES.ABOVE APPEAR (LAST, FIRST, MIDDLE)
I.
"
-'~
-~ .~, '. '
-.di~Jijfb
,
,
21-00-397
5
Last Will and Testament
Unmarried Individual with One'Beneficiary
I,
presently residing at
/2, / 7tJsr
,
y revoke any and all
U
do hereby make, publish and deci this to be my Last Will and Testament and do
other Wills and Codicils heretofore made by me.
,
First. I am an unmarried person. I do hereby give all my estate to the following named person:
/rlutrz;V1r~ laa~/' ~~I 7-71y~fiL-70
Second. In the event that ~he said ,~r/'-A,?A., ((J./o '---JiIt:.rz--rf<hall predecese me.
{).,t- , R -//
I give all of my estate to (fcU/{ ../L~ Xli ..,J--;I?~r~......-"
Third. I order and direct that my just debts and funeral expenses, expenses for administration of my
estate and any inheritance and succession taxes, state or federal, upon my estate shall be paid as soon after my
death as may,be practicaL ,,-.~__
~/. . /7""" /;/ ~
Fourth. I nominate and appoint ~LUJ--;1J .k...d... if "~. /-:?i~ ;'2
as Executor I Executrix of this Will. In the event that hel she shal e ce\lse rpe or ils su : e me or fails
to serve as" Executor I Executrix then I nominate and appoint .
Executor I Executrix of this my Last Will and Testament. I further direct that no appointee hereunder all be
required to give any bond for the faithful performance of hisl her duties.
Fifth. I hereby authorize my Executor I Executrix to exercise all the powers, rights, discretions, duties
and immunities conferred upon fiduciaries to the extent permitted by law with full power to sell, lease,
mortgage, invest, reinvest, or otherwise dispose of the assets of my estate.
""''''''b< my ,_ \' ""W.ll "" .:2. J- D.y ,f ~ 19 j'~
:. ...' r?4/1-t.b%/tj, .IJ/~J-#--
(Sign here) . . , "";.. ..
..3__ .
..d.
Signed, sealed, published fu"'1d $clared to be his/her Last Will and TestaJ;Ilent by the withi~ named
Testator' in the pr~sence of 'hi!; 'Who'1rl'lpsfher presence and at his~er request, !P.1d in thq,resen~;f,~
other, have hereunto subsc~bed our munes as witnesses t~'s :2~ day Of~-" , 19 .
1 .... ...".~,......_..,.. _._.. - r/JI.
(I) ": .':- / '>"!". . .~ '. 0 ';;~~t7'" ..... ~-/'7&O'7
'c, /..';m~,;"'"",~'. . (City), _ . / . . /1 ' (Stat~)
(2) ;lULr#Z'~'"'--". Of#~(~~~' /)1',.:.'
. . . Wily) ,," r,)>t~~ate)
(3) 1Btf.")~n.W hU.R..-v of ;J1RA. PA., "....
(City) (State}
\' \, -
, :', j~,: .}
":.k
. ".
( ': :,~~.,,*:;,,,~:Vr;,::i~\._h .;
~"'.) , ,., .
.';};'li';I~~~iJ1i,
@: 1995 ~y ,AF~P~. An rig~ts ,rese.~~.
"j'" '..':'"
? <!;i~;;~~1i';
...
.
'-:-"fl?W
Affir1a~it'i;of,,;Rx~cuti<J;!f1'2d1JdAttestat;on
I sign my name to this, my Will, and being duly sworn, declare that Isign voluntarily for the purposes
expressed therein, and am of lawful age, of sound mind, and under no undue influence.
. (1-1AJ,j,,~7 ;J7J;~
(festator) . . . .,. .
The undersigned witnesses being duly sworn, each declares that the Testator signed this Will consisting
of one page With writing on both sides thereof, at the end thereof, and on each side thereof, in our presence,
and signified, published and declared in our presence that this instrument is his/ her Last Will and Testament,
and that at the request of and in the presence of Testator and in the presence of each other and in the presence
of a No a Public each has W9scribed his/her name 10 this Will as witness to Testator signing this d.a.
day of , 19~, and to the best of his/her knowledge Testator is of lawful age, of sbund
mind and under no ndue influence.
(I) ,A~v V ?~~'reSidinga~~Jff.w' 1f-~fC./J7
'JA"') //' ~. 4 . ,1
(2) ,ill 'Ib,,f";!;f1';tJ' 4.. residing at /- ~: If!
(3) ~..,~ ~ t'{\ IE" h/ " residil,1&;~t. . /J\.e~1. Pit
. Sctoauntetoy'O' ~:;j~ '
" .... _~~_ . '. ,CitYOrTown;'Th()~~N\~~~~~IX~
S~;;Sclw!!, s~(~~and~OWledged bef~re me by ~~'i;~t\~f'(' ~ l\ Q~o ' . \ 1 ) ..~ ~ ~~~
.~,..~:,,~, Ol,.\~. '. ,"U.k', .,:;".>,'.h' d
'':'<- ,.'~.nd:~. . .n" 'c,'."';' :a"x ), . ..,'\l.'~I"'-~'~~''-'.,.'.,--'."a.nu:.,,::''<: ,an
~-"~:'1. .-^.~' ...1\,,,,r4~ib~"'~;~'.'-;'< . "'.-~'" .~.~ ..~.,._'J>,.;,.,,~~,",..._~~,,__,,:~~
-- :. - .\?;~ tw~(i -.~i o?- - -~-r." t~~~~;';~~s, t~s ~c~ . day of
lI! .~ ,. .
'0"0 ~ ;~~~c
....~ C,(j) .'
,.~". ." .,':iJf"a< ''? ,., .S. -~I~" "~; ."
,,~, ~ ,;",',fW .. . .. ~;.: .... . ." .,
I~lli 't_< \~"--;.;".' ~ ..,~ l1iJ?lic). ~~ ",..,~
~"-'!~'~'-;"'4l~~~CU~ .,~~~.~,~
/&""".1, . ,"~"., '.."<_;"'"'~~'" "'_.'~ '^, "BQiI:j; ~"'
';1;;" i,' ,.', ~ '~~?l;;;;':~";::; h; . :/"'~qomm;ss;on~Sof1~' 199,
; .'CO, .... .~:./ /1'." ..:," ," ...... .".,.. .
;f)(8it;',tt!p2 ...... m ';~f . ..........,~i>.,;.::; :;"~l:rH:
1[~~~.:t;i4]b.&~;.... i;~l..
~'i~:idaL/~~~~"
~ 'l"." ~ o-u ,; _ ' "
f}-,l~l;~a~;~.;cj;:!.'_
,
,,},"'i'.',i!l/ ,
,\ ,.: f
-" .,;'.-
'-,\'
" '.
,~., G-~j
" "
-"
.~ ~~
. . 'J:~
') .,
OEFICE OF CHIEF COUNSEL
OEPT. 281061
HARRISBURG" PA 17128-1061
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
November 7, 2001
PHONE: 717787-1382
FAX: 717772-1459
THOMAS J. GOHSLER
OIRECT OIAL: EXT. 3036
tgohsler@state.pa.us
Karl R. Hildabrand, Esq.
Metzger, Wickersham, Knauss
& Erb, P.C.
3211 North Front Street
Harrisburg, PA 17110-0300
Re: Estate of Charlotte Thompson, deceased
Court of Common Pleas of Cumberland County
Dear Mr. Hildabrand:
The Department of Revenue received the Plaintiff's Petition
for Court Approval of Settlement, to be filed on behalf of the
above-referenced estate in regard to a wrongful death and
survival action. It was forwarded to this Office for the
Department's approval of the allocation of settlement proceeds.
Pursuant to the Petition, the ninety-year-old decedent died
December 30, 1999, as a result of injuries sustained from being
struck by a motor vehicle. Decedent's sole heir is her adult
son.
Please be advised that based upon these facts and for
inheritance tax purposes only, this Department has no objection
to the proposed allocation of the gross proceeds of this action,
$8,000.00 to the wrongful death claim and $2,000.00 to the
survival claim.
Proceeds of a survival action are an asset included in the
decedent's estate and are subject to the imposition of
Pennsylvania inheritance tax. 42 Pa.C.S.A. ~ 8302; 72 P.S.
~~ 9106, 9107. Costs and fees must be deducted in the same
percentages as the proceeds are allocated. In re Estate of
Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of
the Department's position on this matter. As the Department has
no objections to the Petition, I will not be attending any
~ .
'"
"'!}.,;".;
:1
y
Karl R. Hildabrand, Esq.
November 7, 2001
Page Two
;1
Ij
l!
U
P
j'i
,
hearing regarding it. Please do not hesitate to contact me if
you or the Court has any questions or requires anything
additional from this Office.
~
Sincerely,
[;
11
~
Thomas J. Gohsler
Assistant Counsel
Ii
cc: Cumberland County Clerk of Court
TJG: sa
Ii
I
Ii
;1
I,
:]
.J ~
w
~ ~.
"~~'''-.',,'
CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, Esquire, do hereby certify that on the date set forth below, I did
serve a true and correct copy of the Plaintiff's Petition for Court Approval of Settlement upon the
following person at the following address indicated below by sending same in the United States
Mail, first-class, postage prepaid:
Dennis 1. Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, P A 17110-1280
~~~~
Karl R. Hildabrand
Dated: J l-q -0 (
Document #: 216365.1
.*"Wiliill>,"'"":""~"""~g;:!:ii~~_Willitl!ltllil~.",,"""1l!O;M,,~i>!i<M~i~~;..J.....,--,, ~"""""",,
-
...,
~ ,'-
"
--'O~~IillII"
,~
- Mliilm~ri:t'rwl!.ll.'~=
~~"..-
0 CJ 0
~ -"
L1f;:7 .,-
..,,- '..-1
C.:) :ri,;'1.
n"l r--:'~ "":::
Z'x;>
zc- :1'R
~:i~ ~n t,:'.;:r;
r,::CJ ,,,,....,.
;?o " 1-~=-B
~"
~, ( ) ->-
Z:o 5 C)'
)>C ~ 0"1
~ -;
~n ~
(TI ""<;
=.'.~,.
= ~""- ..,""~,..- ~~
~
_I
~
1 ..~~~~ _
". 'I,{/
HOWARD O. THOMPSON, EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY>l'ENNSYL VANIA
CIVIL ACTION - LAW
v.
NO. 00-2098
MARY YORDY,
. Defendant
JURY TRIAL DEMANDED
AFFIDAVIT OF KARL R. IDLDABRAND, ESQUIRE
IN SUPPORT OF PETITION FOR COURT APPROVAL OF SETTLEMENT
1. I, Karl R. Hildabrand, Esquire, am counsel for Plaintiff Howard O. Thompson,
Executor of the Estate of Charlotte Thompson, deceased.
2. On March 27, 2000, I was first consulted by Dr. Howard O. Thompson, the son
of the decedent, with respect to injuries Charlotte Thompson had received in a motor vehicle
accident on December 30, 1999. At that time, Charlotte Thompson was hospitalized at Manor
Care East, a full-time nursing facility in Harrisburg, Pennsylvania, being treated for a recent
heart attack and related medical complications.
3. On March 29, 2000, I met with Charlotte Thompson at Manor Care East.
4. On April 6, 2000, Charlotte Thompson died due to complications from her
recent heart attack.
5. Attached hereto, marked as Exhibit A and incorporated herein by reference, is a
printout showing the attorney time and expenses incurred by Metzger Wickersham in the
investigation and prosecution of the within action.
Document #222040"1
-
",.., ""' "-f " ~,....""" .. ~ ~~~~, .'~ "-
"" "J
"'" ~"
-
'"
~ ~
-
~~-'1F':
6. Liability was contested and depositions of the Defendant and other witnesses
were necessary.
7. An investigation was commenced to determine whether the heart attack, related
complications, and subsequent death of Charlotte Thompson were accident related. Initially, the
undersigned received information from Howard O. Thompson, a medical doctor, that there was a
medical connection between the motor vehicle - pedestrian accident and the medical problems
leading to her death. Efforts were made to obtain the medical records, consult/contact the
medical doctors involved, and determine that relationship.
8. Because the action had initially been commenced on behalf of Charlotte
Thompson, it was necessary to raise an estate an substitute a representative of the estate upon her
death.
9. The medical doctors involved in the care of Charlotte Thompson following the
motor vehicle accident were unable to state within a reasonable degree of medical certainty that
it was causally connected to the motor vehicle accident, although strong suspicions were
advanced.
10. The medical records connected with Charlotte Thompson's treatment following
the motor vehicle accident; hospitalization on February 28, 2000, due to loss of blood volume;
treatment for her massive heart attack shortly thereafter; hospitalization in the Intensive Care
Unit and Coronary Care Unit of the Harrisburg Hospital; records relating to her catheterization
and resuscitation; and records related to her transfer to and care at Manor Care East in Harrisburg
were voluminous but necessary for the proper review and analysis of the Plaintiffs case.
Document #222040.1
-2-
"
~ ~ ~ ,
" -,~..
"
~~
- -,<_'"0_
~t"
Photocopy charges reflected on the statement of costs were reasonable and necessary in order to
obtain and review these records.
Date: December L 2001
Document #222040.1
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: ~V. ;:;/f?~
Kar . Hlldabrand, Esqurre
PA CourtLD. No. 30102
3211 North Front Street
P.O. Box 5300
Hanisburg,PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
-3-
'="~H'~'~'~.
.flli1i<'"L.."~.. ,"-
-
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
P.O. BOX 5300
HARRISBURG, PA 17110-0300
717/238-8187
TAX I.D. 23-2871395
November 30, 2001
Billed through 11/21/01
Bill number
000070-00391-024 KRH
Howard O. Thompson
512 Belvedere Court
Punta Gorda, FL 33950
THOMPSON v. Yordy
Charlotte Thompson v. Mary Yordy
Date/Loss: 12/30/99
Balance forward as of bill number 012 dated 12/07/00
Payments received since last bill (last payment 04/19/00)
$
$
$
Net balance forward
FOR PROFESSIONAL SERVICES RENDERED
03/27/00 KRH
03/27/00 MLS
03/28/00 KRH
03/28/00 MLS
03/28/00 MLS
03/28/00 MLS
03/28/00 MLS
Conference with Dr. Thompson; open new file;
confer with MLS. 1.20 hrs
Meeting with Karl Hildabrand. .30 hrs
Review police report; confer with MLS; letter to
M. Yordy; letters to healthcare providers for
records. 1.00 hrs
Phone call from Officer Krone. .30 hrs
Memo to file regarding Paul Thompson interview.
.50 hrs
Phone call to Lower Allen Township Police.
.30 hrs
Phone call to witnesses. . .20 hrs
~
.
1,161.27
61. 56
1,099.71
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
jj""'- ,- r'!'~jfft'p!:'
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
"~"'<HiL-_,"~'"""I<"""""O ~ ~~'~'-'",,,,~ L ~ ""
-
" ~I "
.
'"1!IiI!J
Howard o. Thompson
Bill number 000070-00391-024 KRH
03/28/00 MLS
03/29/00 KRH
03/29/00 MLS
03/29/00 MLS
03/30/00 MLS
03/30/00 MLS
04/03/00 MLS
04/03/00 MLS
04/03/00 MLS
04/03/00 KRH
04/04/00 MLS
04/04/00 MLS
04/05/00 MLS
04/06/00 MLS
04/06/00 MLS
04/06/00 MLS
04/06/00 KRH
04/06/00 KRH
04/07/00 MLS
04/07/00 MLS
04/07/00 KRH
04/08/00 KRH
04/10/00 MLS
Phone call from witness Paul Thompson.
. 30 hrs
Meet with Mrs. Thompson and Dr. Thompson at
ManorCare. 2.00 hrs
Phone call from witness; memo to file.
Preparation of Complaint; conference
Hildabrand; review of file notes.
Preparation of Complaint.
Review file and prepare Complaint.
.60 hrs
with Karl
1. 50 hrs
2.00 hrs
1. 50 hrs
Phone call to Dr. Thompson; revision of
Complaint. .70 hrs
Meeting with Dr. Thompson; letter to EMS and
check request. .80 hrs
Review medical records received by client in
preparation of data sheet to obtain billing
number. .80 hrs
Revisions to complaint; confer w/MS; medical
records from Hampden Township EMS; letter to
Prothonotary. .70 hrs
Phone call from Client in preparation of Power of
Attorney. .80 hrs
Meet with client to sign Power of Attorney.
1. 00 hrs
Phone call to Mary Yordy and memo to file.
.50 hrs
Phone call to Highland Insurance Group; Notice of
Deposition; letter to Highland Insurance Group;
photographs of weis Market parking lot and
development of photos. 1.80 hrs
Yellow check regarding photographs.
.30 hrs
Phone call to witness regarding scheduling
interview. .30 hrs
Travel to Accident scene; photograph accident
scene; phone call to Dr. Thompson; phone call to
Yordy agent and Highland INS; phone call from
Highland Ins. 2.50 hrs
Set up deposition of C. Thompson. .50 hrs
Preparation for witness interview.
1. 00
Interview Irma Davis. 2.50
Medical records from Manor Care; confer w/
letter from and to Dr. Cohen. 1.00
Harrisburg Hospital and Manor Care Medical
Records. .50
Review medical records from Manor Care.
.30
hrs
hrs
MS;
hrs
hrs
hrs
~_,~="'o",__
PAGE 2
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
"_."~"~;I
"
!I
il
* I'
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
.' ~< .""'-' ,~~ ,. ~-
- ~ . ~~
~-I~-~,
, 1""~'-' ~
1.--
~.,
Howard O. Thompson
Bill number 000070-00391-024 KRH
04/10/00 MLS
04/10/00 MLS
04/10/00 KRH
04/11/00 MLS
04/12/00 MLS
04/12/00 MLS
04/12/00 MLS
04/14/00 MLS
04/18/00 MLS
04/18/00 MLS
04/20/00 MLS
04/20/00 KRH
04/21/00 MLS
04/21/00 MLS
04/21/00 MLS
04/21/00 KRH
04/24/00 MLS
04/25/00 MLS
04/25/00 MLS
04/25/00 KRH
04/26/00 MLS
04/28/00 KRH
05/04/00 MLS
05/04/00 MLS
05/08/00 MLS
05/08/00 KRH
05/08/00 KRH
05/09/00 MLS
05/11/00 MLS
Phone calls to Doctor regarding
records request.
Review witness statement.
Confer w/Dr. Thompson; correspondence.
postponing
.60
.30
hrs
hrs
.40 hrs
Letter to Irma Davis; review and outline medicals
from Manor Care. 1.80 hrs
Phone call to Irma Davis. .30 hrs
Phone call to Sally Allen and Virginia Cookson
and Reverend Brown, memo to file regarding
witness information. 1.10 hrs
Phone call from Irma Davis. .20 hrs
Phone call to Virginia Cookson regarding
scheduling appointment. .20 hrs
Preparation for witness interview.
.50 hrs
Interview witnesses. 2.00 hrs
Memo to file regarding Virginia Cookson
interview. 1.00
Correspondence; preliminary objections and
from Bonetti. .30
Research rules for procedure to subsitute
parties. .50 hrs
Phone call to Dr. Thompson. .10 hrs
Amended Complaint and suggestion of succession.
1. 00 hrs
.10 hrs
.30 hrs
of amended
substition of
1.00 hrs
Request for
1. 50 hrs
death.
.30 hrs
.30 hrs
.20 hrs
.20 hrs
Prothonotary.
. 30 hrs
1. 00 hrs
Thompson at
Harrisburg.
1.60 hrs
hrs
brief
hrs
Return of service.
Phone call to Dr. Thompson.
Phone call to client; revision
complaint; review procedure for
parties.
Preparation of Interrogatories;
production of Documents.
Confer with MLS re: substitution of
Memo to file.
Medical records from Dr. Cohen.
Research Orphan Court Rules.
Phone call to Cumberland County
Open estate.
Travel to Carlisle. Confer with Dr.
courthouse. Open estate. Return to
phone call from Register of Wills.
.10 hrs
. 30 hrs
Defendant.
.50 hrs
Phone call to Bond Company.
Revise and review discovery request to
iIlIIlllil;]
PAGE 3
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
,....... ,L,
'l;ilii1>
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
,,,,"" ~~'"l ""-'
.~....A ", "......___~
_~_.L
"""",,,.
Howard O. Thompson
Bill number 000070-00391-024 KRH
05/11/00 MLS
05/11/00 KRH
05/12/00 MLS
05/12/00 KRH
05/12/00 JAC
05/15/00 MLS
05/16/00 MLS
05/16/00 KRH
OS/22/00 KRH
OS/23/00 KRH
05/30/00 KRH
05/30/00 KRH
05/30/00 KRH
05/30/00 MLS
05/31/00 MLS
05/31/00 KRH
06/05/00 KRH
06/05/00 MLS
06/06/00 MLS
06/06/00 MLS
06/07/00 MLS
06/08/00 MLS
06/26/00 MLS
Review letter from Bond Company regarding bond
application forms; phone call to Dr. Thompson;
phone call to AAA regarding bond service; letter
to Dr. Thompson. . 80 hrs
Letter and stipulation form Bonetti. Letter to
Bonetti. Review discovery. .60 hrs
Review fax from Dr. Thompson; phone call to
Recorder of Deeds; phone call to Dr. Thompson.
.70 hrs
Review correspondence from Bonetti. Phone call
to D. Bonetti. .20 hrs
Phone call from Cumberland County Register of
wills. .20 hrs
Amend the Complaint, new caption and additions of
counts for wrongful death and survival.
1..00 hrs
law regarding wrongful
and amend the
2.00 hrs
law and statute regarding amending
.20 hrs
review of notice of argument.
.10
.10
.20
.10
D Bonetti.
.10 hrs
Research statute and case
death and survival action
complaint.
Review case
complaint.
Receipt and
Letter from D Bonetti.
Phone call to Dennis Bonetti.
Phone call from D Bonetti.
Receipt and review letter from
hrs
hrs
hrs
hrs
Phone call from Dr. Thompson regarding
information from opening of the estate.
.20
Letter to client regarding Certification of
of Letters Testimentary. .30
Receipt and review letter from D Bonetti.
.10 hrs
Review amended complaint. .20 hrs
Phone call/fax to client regarding verification
for Amended Complaint and Amended Caption.
.50 hrs
Receipt of correspondence from client.
hrs
Grant
hrs
.20 hrs
Prothonotary for
filing and phone call
.70 hrs
.20 hrs
Letter to Cumberland County
preparation of document for
from client.
Memo to file.
Correspondence from Cumberland County
prothonotary. .20 hrs
Phone call to Cumberland County Prothonotary;
certificate of service and correspondence to
prothonotary; phone call to client.
.80
hrs
-~
PAGE 4
125 /hr
125 /hr
125 /hr
125 /hr
55 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
".""
> -~'L..,
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
.lli1:i! '-~~i ~~
.' " ,"~..,. .
,_.....'-I~
l.'
Howard O. Thompson
Bill number 000070-00391-024 KRH
06/27/00 MLS
07/05/00 MLS
07/17/00 KRH
07/18/00 MLS
07/18/00 KRH .
07/20/00 KRH
07/24/00 JAC
07/27/00 MLS
08/14/00 KRH
08/14/00 KRH
08/14/00 MLS
08/15/00 MLS
08/16/00 KRH
08/16/00 MLS
08/17/00 MLS
08/18/00 MLS
08/21/00 MLS
08/23/00 MLS
08/24/00 MLS
08/24/00 MLS
08/24/00 SEH
08/25/00 MLS
08/28/00 KRH
Review correspondence and
phone call to client.
.50 hrs
. 20 hrs
Review correspondence.
Revistons to complaint and discovery.
.40 hrs
Reviston of Amended Complaint; revision of
discovery requests. 1.50 hrs
Revistons to Complaint. .30 hrs
Revise requests for production. .20 hrs
Letter to Atty Bonetti enclosing discovery
requests. .20 hrs
Review correspondence. .20 hrs
Answer and New Matter from D. Bonetti
.20 hrs
Letter and discovery requests from D. Bonetti
.20 hrs
request; phone call to
phone call to client;
and scheduling of
2.50 hrs
clients; preparation and reply
preparation of Notice of
1. 50 hrs
Preparation of discovery
attorney Bonetti office;
correspondence to client
depositions
Correspondence to
to new matter and
Depositions
Correspondence from Register of
wills
. 2 0 hrs
Prepa~ation of Certification of Notice; phone
call to Register of wills and review Rules
regarding Certification of Notice .60 hrs
Preparation of subpoenas for witnesses to attend
deposition and preparation of correspondence.
1. 00 hrs
Prepa~ation of discovery requests.
.50 hrs
Correspondence to Register of Wills; phone call
to Cumberland County Prothonotary; correspondence
to Prothonotary; preparation of Certification for
Register of wills. 1.50 hrs
Review correspondence. .30 hrs
Phone call to clients regarding status and review
correspondence. .50 hrs
Preparation of correspondence to witnesses to be
subpoenaed and Attorney Bonetti. .80 hrs
Prepare letters transmitting subpoenas.
.70 hrs
phone call from client regarding discovery
requests and review correspondence from client
regarding discovery requests. 1.50 hrs
Finalize reply to New Matter and deposition
materials .20 hrs
PAGE 5
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
55 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
55 /hr
125 /hr
125 /hr
, !I@..'i;
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
~i
-']
J
i
j
"
q
i1
,
"",", ,>- ~
"'"
~
_. '~"~,
Howard O. Thompson
Bill number 000070-00391-024 KRH
08/28/00 MLS
08/29/00 MLS
08/29/00 SCC
08/29/00 KRH
09/01/00 MLS
09/06/00 MLS
09/07/00 MLS
09/11/00 KRH
09/11/00 MLS
09/12/00 KRH
09/14/00 MLS
09/25/00 MLS
09/27/00 MLS
09/27/00 KRH
09/28/00 MLS
09/28/00 KRH
09/29/00 MLS
10/02/00 MLS
10/02/00 MLS
10/05/00 MLS
Revision of Answer to New Matter and
correspondence to Prothonotary. .60 hrs
Service of subpoenas on Irma Davis and Irene
Hursh; response to Request for production of
Documents; answer Interrogatories and review
documents sent from client. 5.00 hrs
Filed Reply to New Matter. .30 hrs
Phone call from and to Dennis Bonetti
.30 hrs
Preparation of Answer to discovery request.
1. 50 hrs
Preparation of Answers to discovery requests.
1. 50 hrs
Preparation of documents and exhibits to follow
discovery requests and revision to answers.
1. 00
to discovery (1.0)letter
1.10
requests and answers.
.50 hrs
Letters to D. Bonetti with discovery responses
. 30 hrs
Correspondence to Dr. Cohen; review file in
preparation of letter regaridng doctor's report.
.80 hrs
Phone call to client regarding approval of
payment to Dr. Cohen for report and
correspondence to Dr. Cohen. .60 hrs
Phone call to Court Reporter to confirm
depositions. .20 hrs
Letter and medical bill payment record from G.
Birton at Progressive .20 hrs
Depositions of defendant and two witnesses.
3.20 hrs
Review file; prepare for deposition; depositions
of Mary Yordy, Irene Hursh and Irma Davis;
conference with MLS 4.50 hrs
Correspondence to Progressive Insurance Company
regarding first-party file. .40 hrs
Preparation of authorization for copy of
first-party file; phone call to client regarding
signature and discussions regarding deposition.
.80 hrs
Preparation of authorization for copy of first
party file; phone call to client regarding
signature and discussion regarding depositions
.80 hrs
.20 hrs
Complete responses
Bonetti (.1)
Revision of discovery
hrs
from
hrs
Phone call from client.
PAGE 6
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
. ~ ~"l~~~,-,-
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
~.....~~ ~,_ "._ ~ .~~~. ,.v .~. "~"'_
I~
Howard O. Thompson
Bill number 000070-00391-024 KRH
10/09/00 KRH
10/12/00 KRH
10/13/00 KRH
10/17/00 KRH
10/18/00 KRH
10/31/00 KRH
10/31/00 MLS
11/01/00 MLS
11/07/00 KRH
11/13/00 MLS
11/14/00 KRH
11/15/00 KRH
11/21/00 KRH
11/27/00 KRH
11/27/00 KRH
12/01/00 KRH
12/08/00 KRH
12/08/00 MLS
12/09/00 KRH
12/29/00 MLS
01/05/01 MLS
01/08/01 MLS
01/08/01 MLS
01/11/01 KRH
01/11/01 MLS
Letter to Bonetti, prepare Stipulation to Amend
Complaint (.4); letter to Dr. Thompson (.2)
.60 hrs
Letter and Subpoena from D. Bonnetti
.10 hrs
Transcripts .20 hrs
Letter and subpoena from D. Bonetti (.1); letter
to D. Bonetti (.2) .30 hrs
Correspondence from Progressive .10 hrs
Letter and weis accident report from Bonetti
(.2); phone call to D. Bonetti (.2) Phone call
from D. Bonetti (.2) .60 hrs
Review file regarding status of case.
. 30 hrs
Phone call to Dr. Cohen's office regarding
report; calculation of damages; review of medical
records. 1.00 hrs
Letter and notice of intent from D. Bonetti
.20 hrs
Phone call to Dr. Cohen regarding report.
.20 hrs
to
.40 hrs
.20 hrs
at Highlands
.30 hrs
.10 hrs
service regarding
.10 hrs
and notice from D. Bonetti
.20 hrs
Subpoenas from D. Bonetti .20 hrs
Telephone call to Dr. Thompson re update on case
.20 hrs
.10 hrs
Correspondence from Bonetti; letters
Prothonotary and Bonetti
Letter and notice from D. Bonetti
Phone call from and to Dan Radman
Insurance Group
Letter from D. Bonetti
Correspondence from copy
Progressive file
Letter, subpoenas
Correspondence
phone call to and from Dr. Thompson.
hrs
Phone call from Dr. Thompson regarding
Cohen's report
Phone call from Dr. Thompson regarding
Cohen's report
Phone call from Dr. Cohen's office.
.30
Dr.
.20
Dr.
.20
hrs
hrs
. 20 hrs
Medical report from Dr. Cohen; medical records
from D. Bonetti (Manor Care); conference with MLS
(.5); letter from Progressive; phone call to
Progressive (.2) .70 hrs
Receipt and review of Dr. Cohen; correspondence
to Dr. Thompson enclosing records.
.50
hrs
~ -~
PAGE 7
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
tjJ,_ ;
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
~~.......'~ ~~,--
~~~'-
"'1....
Howard O. Thompson
Bill number 000070-00391-024 KRH
01/11/01 MLS
01/18/01 KRH
01/23/01 KRH
01/23/01 MLS
01/24/01 KRH
01/24/01 MLS
02/08/01 MLS
02/09/01 MLS
02/16/01 MLS
03/01/01 KRH
03/09/01 KRH
03/09/01 MLS
03/13/01 MLS
03/14/01 MLS
03/30/01 MLS
04/03/01 MLS
04/21/01 KRH
05/01/01 ASM
05/01/01 MLS
05/03/01 ASM
05/07/01 KRH
05/07/01 MLS
05/11/01 MLS
Phone call to Dr. Thompson regarding report
.30 hrs
Phone call to Dan Radman .20 hrs
Letter and Harrisburg Hospital records from
Bonetti (.3); conference with MLS (.2)
Phone call to Attorney
Authorization Request;
Bonetti enclosing such
.50 hrs
.30 hrs
.10 hrs
to client
.50 hrs
Bonetti's office regarding
correspondence to Attorney
authorization
Phone call to Dr. Thompson
Letter from D. Bonetti
Phone call from client; correspondence
.50 hrs
Correspondence to Attorney Bonetti enclosing
Manor Care authorizations .30 hrs
phone call to Attorney Bonetti and correspondence
to Attorney Bonetti enclosing release
.50 hrs
Letter and statement from Gina Burton
.10 hrs
Correspondence from D. Bonetti; letter from Dr.
Thompson; letters to D. Bonetti and client
conference with MLS and CDV 1.20 hrs
Phone call to Dr. Cohen re request CV and Amend
Report; phone call to Dr. Thompson re CV
.40 hrs
Phone call to client Left message w/in laws
.20
call to Dr. Thompson requesting copy
.20
call from MCS regarding payment made
.20 hrs
Phone
CV
Phone
hrs
of his
hrs
Phone call from MCS Group re invoice
.20 hrs
from Progressive
.30 hrs
records from Progressive
.20 hrs
Phone call to Dr. Cohen re revised report
.20 hrs
Organize records received from Progressive
.80 hrs
Motion from D. Bonetti; letter to
.20 hrs
to Dr. Cohen re revised report
.20
1. 00
Receipt and review file
Insurance Company.
Meet with KRH regarding
Letter and
Bonetti.
phone call
Preparation of Demand Letter
hrs
hrs
o=~
~ ~ ~" . ~--'li!!I;;t1>
PAGE 8
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
55 /hr
125 /hr
55 /hr
125 /hr
125 /hr
125 /hr
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
"""'""'" ~.'"~.
"" "'
I~.-
. .' =C
i~_
"' ., ,
Howard O. Thompson
Bill number 000070-00391-024 KRH
05/17/01 KRH
05/17/01 MLS
05/18/01 MLS
OS/22/01 KRH
OS/23/01 MLS
OS/23/01 MLS
OS/29/01 KRH
05/30/01 KRH
06/04/01 KRH
06/04/01 MLS
06/05/01 KRH
06/05/01 MLS
06/05/01 MLS
06/06/01 MLS
06/07/01 KRH
06/08/01 MLS
06/12/01 KRH
06/19/01 KRH
07/03/01 KRH
07/03/01 MLS
07/20/01 KRH
08/09/01 KRH
08/15/01 KRH
08/27/01 KRH
08/31/01 KRH
Order of Court; letter to Dr. Thompson.
.30 hrs
Phone call to Dr. Thompson re status of case
.20 hrs
Phone call to Dr. Thompson; receipt and review
correspondence from Dr. Thompson; Phone call to
Moffitt and Pease .60 hrs
Phone call from D. Bonetti; phone call from
Bonetti. .30 hrs
Phone call to Dr. Thompson re cardiologist
report .20 hrs
Prepare demand letter .50 hrs
Phone call from and to D. Bonnetti; phone call
from D. Bonnetti .30 hrs
Phone call to Dr. Thompson (.1); letter to Dr.
Thompson; letter to D. Bonnetti (.2)
. 30 hrs
Letter from D. Bonetti; letter to Dr. Thompson.
.30 hrs
Phone call to client .20 hrs
Phone call from Dr. Thompson; phone call Dr.
Thompson; confer with MLS. .40 hrs
Phone call to client .20 hrs
Phone call to client. .20 hrs
Meeting with client to review documents for
cardiologist .30 hrs
Review expert reports; travel to Carlisle;
argument on discovery motion before Judge Hess;
confer with Attorney Bonetti; return to
Harrisburg. . 1.50 hrs
Phone call to client re meeting.20 hrs
Court Order from Judge Hess; letter to Dr.
Thompson. .30 hrs
Report from Dr. Bokelman; letter to Dr. Thompson;
phone call to Dr. Thompson. .50 hrs
Letter to Dr. Thompson. .20 hrs
Phone call to client re Dr. Bokelman's Report &
settling case .30 hrs
Phone call to D. Bonetti. .20 hrs
Phone call to D. Bonetti. .20 hrs
Phone call to D. Bonetti; phone call from D.
Bonetti; phone call to D. Bonetti; phone call to
Dr. Thompson; phone call from Dr. Thompson; phone
call to D. Bonetti; letters to Bonetti and
client. 1.00 hrs
Letter and Release from D. Bonetti.
phone call to D. Bonnetti; prepare
Court Approval of Settlement.
.20
Petition
1.20
hrs
for
hrs
PAGE 9
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
~., ~~""'''!,
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
~;("__"ri.'" '~"'"
, ~ ~,~'"""~ -- -~
~._I-
J.~,
Howard O. Thompson
Bill number 000070-00391-024 KRH
09/18/01 MLS
09/26/01 KRH
10/18/01 KRH
10/19/01 KRH
10/29/01 KRH
11/01/01 KRH
11/02/01 KRH
11/09/01 KRH
11/16/01 KRH
11/21/01 KRH
DISBURSEMENTS
03/27/01
06/08/01
11/21/01
11/21/01
11/21/01
11/21/01
11/21/01
BILLING SUMMARY
Phone call from client;
Thompson
Revisions to Petition; review
settlement.
Phone call from Dr. Thompson.
Finalize Petition; letter to Dept.
letter to Dr. Thompson.
Phone call from Dr. Thompson; modify
correspondence to Dr.
.50 hrs
allocation of
.60 hrs
.20 hrs
of Revenue;
.50 hrs
Petition.
.20 hrs
Phone call to D. Bonetti. .10 hrs
Correspondence. .10 hrs
Correspondence from Department of Revenue;
finalize Petition; letters to Prothonotary, Dr.
Thompson, and D. Bonetti. .70 hrs
Letter to Dr. Thompson. .20 hrs
Phone call from and to Judge Hess' office.
.10 hrs
Total fees for this matter
$
The MeS Group, fee for copying medical records.
Karl R. Hildabrand, travel expense to Carlisle.
Photocopies @ .12/copy
Photocopies.
Postage.
Long distance phone calls.
Fax.
Total disbursements for this matter
$
(SCC)
(JAC)
(KRH)
.30
.40
39.30
.70
1. 00
82.60
hrs
hrs
hrs
hrs
hrs
hrs
STEVEN C. COURTNEY
JUDITH A. CUNNINGHAM
KARL R. HILDABRAND
SUSAN E. HOSLER (SEH)
AMY S. MASON (ASM)
MELISSA L. VAN ECK (MLS)
TOTAL FEES
124.30 hrs
PAGE 10
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
125 /hr
15,390.50
84.39
17.75
5.52
97.20
11.40
13.74
20.00
250.00
37.50
22.00
4,912.50
38.50
55.00
10,325.00
15,390.50
. ~, <,. - '~"?1'1
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
~'"'< ~"
J~~,~",O"",-,,-- ~~
, ~~ ~~'~'""""'"""
_. ~
Howard O. Thompson
Bill number 000070-00391-024 KRH
PAGE 11
TOTAL DISBURSEMENTS $ 250.00
------------
TOTAL CHARGES FOR THIS BILL $ 15,640.50
NET BALANCE FORWARD $ 1,099.71
------------
TOTAL BALANCE NOW DUE $ 16,740.21
~ lil,~"
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
il!!--'~--'~
-I
J-- . ~-~ , -', "-I1iIl1ii~, - ~-," ~ ~ .~.
~"~
~ . I
REPRINT OF BILLED DETAILS (as billed)
Bill number 000070-00391-012 KRH
Bill date 12/07/00
Howard O. Thompson
512 Belvedere Court
Punta Gorda, FL 33950
THOMPSON v. Yordy
Charlotte Thompson v. Mary Yordy
Date/Loss: 12/30/99
FOR PROFESSIONAL SERVICES RENDERED
DISBURSEMENTS
04/04/00 140
04/05/00 150
04/05/00 150
04/07/00 160
04/07/00 160
04/19/00 160
08/21/00 150
08/25/00 160
08/25/00 160
08/30/00 130
09/25/00 160
10/17/00 160
11/30/00 105
11/30/00 110
11/30/00 120
11/30/00 122
BILLING SUMMARY
TOTAL FEES
$
Carol A. Lyter, notary fee.
Cumberland County Prothonotary, filing fee for
complaint.
Cumberland County Sheriff, service of complaint
adavance fee.
Melissa L. Stickel, development of photographs.
Hampden Emergency Medical Serivce, fee for
photocopy and research fees.
Howard Roy Cohen, M.D., fee for copying medical
records.
Cumberland County Prothonotary, seal subpoena.
Irene Hursh, cost for Witness Fee.
Irma Davis, Witness Fee.
Steven C. Courtney, travel to file document at
Cumberland County Courthouse.
Howard Roy Cohen, M.D., fee for records review
and opinion letter.
Hughes, Albright, Foltz & Natale Reporting
Service, deposition transcripts.
Photocopies.
Postage.
Long distance phone calls.
Fax.
TOTAL DISBURSEMENTS
TOTAL CHARGES FOR THIS BILL
f
I
= .~~ ~ ~
~L!!~,:
.00
2.00
45.50
1~0
7.15
20.00
21.37
4.00
15.00
15.00
9..10
150.00
343.85
292.86
20.40
22.04
93.00
$
1,161.27
$
1,161.27
~.M,' . -" "
.'""
~.I...
L ."~ ~.. '""
, ~-
""'Oli':"-
CERTIFICATE OF SERVICE
AND NOW, this ~ day of December, 2001, I, Karl R. Hildabrand, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served the foregoing
Affidavit this day by depositing the same in the United States mail, postage prepaid, in Harrisburg,
Pennsylvania, addressed to:
Dennis J. Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110-1280
B~\C::~~-P
Karl R. Hildabrand, Esquire
Document #222040.1
-~
- -,~
..J
. ,
.
HOWARD O. THOMPSON, EXECUTOR
OF THE ESTATE OF CHARLOTTE
THOMPSON, DECEASED,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
NO. 00-2098
MARY YORDY,
Defendant
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Kindly mark the above action settled, discontinued, and ended.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By~R-~t?f-<
Karl R. Hildabrand, Esquire
Attorney J.D. No. 30102
P.O. Box 5300
3211 North Front Street
Harrisburg, P A 17110-0300
(717) 238-8187
---Jt'
Attorneys for Plaintiff
Dated: 1-;7 ~ D2--
Document #: 222877.1
=.-
"~'" '>,:.:
I,i
\1
II
d
\1
I
']
i
'I
1
ii
'I
.,
lj
1
il
i
II
r1
~I
II
'I
!I
il
II
II
13
Ii
II
U
ii
'i
!i
~ =..
.1
~ "
i;
,
,
, .
CERTIFICATE OF SERVICE
i,-;
C
"
I, Karl R. Hildabrand, Esquire, of the law firm Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a true and exact copy of the within Praecipe with reference to the
foregoing action by First Class Mail, postage prepaid, this t ( day of January, 2002, on the
I
I
I~
I,
v.
following:
1,0
f"
I
!"
,..
Dennis 1. Bonetti, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110-1280
,
I
K~'S?-/ae', -;C
----:::>
f
i
I
I
,
Karl R. Hildabrand, Esquire
Document #222040.1
-2-
;;"'l!i$J~!iiOilll8$liif1iil~~iIl!~ml..a~~* ~
-
_>IIIoo;~",,~~.
.,
. .
",^"
;""..0
Iiid~
00....'
"
(") 0 ~
C f'->
s: '- .,
-Om :"" ::.:\:'1
5293 z :!1?
zs:;: N -:;h",
~c w 'X'-('
L 'C'IO
r:: r"'
<::"......., ;p.. -....\.
;$ J:: 0:0
zO '.7Q
;;;0 co -on:
c -~~l
~ ':J1 ;po
U1 ::g
~.
d~~iIl!tlil'i~id~~~IW~~.!~i~i~~~~II_~lIliI~~~"'~"-"',l;"'"", :~-',,-
~- 1~1liaIIiIf~ -"~-~
" '-,'"' ""
~~~.-
L~,
\
,
I
HOWARD O. THOMPSON,
Executor of the Estate of
CHARLOTTE THOMPSON, deceased:
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARY YORDY,
Defendant
00-2098 CIVIL TERM
IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY
ORDER OF COURT
AND NOW, this 7th day of June, 2001, this matter
having been called for argument, the motion of the Defendant to
compel discovery is granted, and the Plaintiff is given 90 days
within which to respond to the interrogatories and request for
production of documents regarding expert witnesses.
By the Court,
Karl Hildabrand, Esquire
For the plaintiff
Dennis Bonetti, Esquire
For the Defendant
It
~
l\-DI
~'
!l.Jw;; ~.tU?
~~.~~
~/.:""~09~
"~ ~
,",
.,
J
f
V1NVAlASNN3d
noa mNll::!:18I^1nO
~ ; '!!
r~J:flf.U'
:,i'
,',,'.'
.l>
""'.'"
,.,', ,"""ii.< , ...."~ " '':':1lJ
~,
~