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BARRY DUVALL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
GEORGE RICHARDSON,
Defendant
00-2780 CIVIL TERM
PRETRIAL CONFERENCE
At a pretrial conference held January 9th, 2002,
before Edward E. Guido, Judge, present for the Plaintiff was David
W. Knauer, Esquire, and for Defendant was George B. Faller, Jr.,
Esquire.
The parties indicate that this case will take
approximately two days to try. This includes jury selection.
Defendant's counsel is not available on Wednesday, January 30,
2002 because of a prior hearing scheduled in Philadelphia. He is,
however, available the remainder of the week. He indicates that
if this case started on Monday, it would be done by the end of the
day on Tuesday.
This case involves a rear-end collision with the
defendant being drunk. Liability is admitted. The only issue at
trial is appropriate damages. plaintiff has claimed both
compensatory and punitive damages.
There are three evidentiary issues that will need to
be decided by the trial judge, they are as follows:
1. Whether plaintiff's prior driving under the
influence conviction is admissible on the issue of
punitive damages.
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2. Whether Defendant's work history is relevant
in light of the fact that no work loss claim is being
made.
3. Whether Defendant's educational records are
relevant.
plaintiff has filed a motion in limine dealing with
those three issues. Both parties are directed to file briefs in
support of their respective positions on those issues by close of
business on Friday, January 25, 2002. The briefs should be filed
in the chambers of the trial judge.
Settlement does not appear to be likely. However,
the parties are discussing whether this case might be disposed of
with binding arbitration. They will advise the Court
Administrator as soon as possible with regard to that potential
resolution.
By the Court,
Edward E. Guido, J.
George B. Faller,
For Defendant
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David W. Knauer, Esquire
For plaintiff
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JAN 0 7 2002 If
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PLAINTIFFS' PRE-TRIAL MEMORANDUM
STATEMENT OF THE BASIC FACTS AS TO LIABILITY:
On January 21,2000, at approximately 5:00 p.m., the Defendant started to consume beer
at home. Between 6:00 p.m. to 7:00 p.m. he left home to go to Penn National Race Course. By the
time he left home he had already drank a six-pack of Budweiser. At the racetrack, he drank a few
mixed drinks. He thought that he consumed two or three drinks at the track. He left the track
between 10:00 p.m. and II :00 p.m. to return to his home in Mount Holly Springs.
At approximately II :33 p.m., the Plaintiff was the unfortunate passenger in a pick up
truck that was lawfully proceeding on Interstate 81 when the Defendant drove into the rear of the
vehicle.
The force of the collision snapped the Plaintiffs head back and through the rear window
of the truck. His glasses and hat were found in the bed of the truck. The truck came to rest off road.
After the collision that injured the Plaintiff, another vehicle ran into the rear of the
Defendant's vehicle. The driver of that vehicle suffered injuries.
The Defendant's Blood Alcohol was .20.
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The Defendant was approximately 45 years of age at the time of the accident. Over his
lifetime, he had experienced drunkenness. He knew when he had had enough to drink. He
understood that when he was under the influence of alcohol, he could cause an accident that might
injure or kill other drivers, or their passengers.
Despite that experience and knowledge, he drove nnder the influence until suddenly
ramming the vehicle that had the Plaintiff as a passenger. The Defendant assumed the risk and the
Plaintiff suffered the consequences.
The Plaintiff claims both compensatory and punitive damages.
STATEMENT OF THE BASIC FACTS AS TO DAMAGES:
PLAINTIFFS' DAMAGES:
The Plaintiff is entitled to compensatory damages for, inter alia, the soft tissue injuries and
closed head injury he suffered as a result of the collision involved in this case. He is also entitled to
punitive damages because the Defendant was operating his vehicle with a Blood Alcohol of .20.
PRINCIPAL ISSUES OF LIABILITY AND DAMAGES:
The Plaintiff assumes that the Defendant will stipulate that his negligence was the sole cause
of the accident.
On compensatory damages, the Plaintiff assumes that the Defendant will contest the extent
ofthe Plaintiff s injuries.
On punitive damages, the Plaintiff assumes that the Defendant will stipulate that the Plaintiff
is entitled to punitive damages but, as with compensatory damages, that the Defendant will contest
the amount ofthose damages.
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SUMMARY OF LEGAL ISSUES OR ANY OTHER MATTER
1. On compensatory damages, the extent of the Plaintiff s injuries will be at issue.
2. On punitive damages, the amount of punitive damages will be at issue.
3. The Plaintiffs request stipulations that:
a.) All medical records are authentic, that copies of said records may be used in lieu
of the originals, that the records were kept in the normal course of business and that
the charges are fair, reasonable and customary. The Defendant would reserve the
right to challenge said care on the basis of necessity and causality. The parties
would also reserve the right to object to any information in the medical records that
should or could be kept out of evidence.
b.) The United States Life Tables as to longevity as set forth in the Suggested
Standard Civil Jury Instructions for the Plaintiffs life expectancy.
c.) The Defendant's Blood Alcohol shortly after the accident was .20.
d.) The Defendant violated the Pennsylvania Motor Vehicle Code Sections 3731,
3361 and 3714 and that he was unfit to operate a motor vehicle with a Blood Alcohol
of.20.
e.) The Plaintiff had had juvenile problems and guilty pleas for minor offenses in the
1980s. He has not had any criminal convictions that for the past ten years except in
one incident involving a DUI and possession of drug paraphernalia, i.e. neither crime
involving crimens falsi. Pursuant to Pa.R.E. 609 the criminal offenses that occurred
in the 1980s are barred because they occurred more than ten years ago and the DUI
and possession of drug paraphernalia are not crimins falsi.
IDENTITY OF WITNESSES TO BE CALLED:
I. Plaintiff Barry Duvall
61 East Main Street
Mechanicsburg, P A 17055
2. Dr. Cynthia Socha-Gelgot
890 Poplar Church Road
Camp Hill, Pennsylvania
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3. Dr. Michael R. Warner
Warner Chiropractic, Inc.
5315 E. Trindle Road
Mechanicsburg, Pennsylvania
4. Mr. & Mrs. David Donat
2197 Bradford Drive
Mechanicsburg, Pennsylvania
5. Cpl Timothy J. Goletti
Pennsylvania State Police
6. Ms. Tina M. Carannante formerly of
434 West Simpson Street
AptB
Mechanicsburg, Pennsylvania
The Plaintiff reserves the right to supplement this list of witnesses prior to trial and
to call any witness the Defendant identifies.
EXHIBITS
The Plaintiff may use any medical records from the Plaintiff s medical care providers, and
Police diagrams The Plaintiffs reserve the right to supplement this response prior to trial and to
any exhibit the Defendant identifies.
STATUS OF SETTLEMENT NEGOTIATIONS:
The Plaintiff has made a policy limit demand and has notified the Defendant that if policy
limits are not tendered and a jury returns a verdict in excess of the policy limits and/or punitive
damages, the Plaintiff will pursue a bad faith claim against the Defendant's insurance company.
The Defendant has made a settlement offer of $25,000.
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Without prejudice to the Plaintiff's policy limitlbad faith demand, the Plaintiff has indicated
that he is willing to consider a $85,000 counter settlement offer.
Respectfully submitted,
Date: January 7, 2002
KNAUER & ASSOCIATES, LSC
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David W. Knauer, Esquire
Attorney for the Plaintiff
Attorney LD. No. 21582
411-A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certifY that I did this 7th day of January, 2002, serve a true
and correct copy of the Plaintiff s Pre-Trial Memorandum on all counsel of record by United
States mail, first class, prepaid addressed as follows:
George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, P A 17013
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Attorney for Plaintiff
Attorney LD. No. 21582
411-A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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F:\FILES\DA T AFILE\Travdoc.liUr\684-ptm, l/ajt
Created: 04/~/OI08:53:1iiAM
Revised; 01107102 02:54:40 PM
3090,684
,
BARRY DUVALL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00 2780
CIVIL ACTION-LAW
GEORGE RICHARDSON,
Defendant
JURY TRIAL OF TWEL VB DEMANDED
PRETRIAL MEMORANDUM OF DEFENDANT. GEORGE RICHARDSON
I. FACTS AS TO LIABILITY:
On January 22, 2000, the Defendant, George Richardson, was involved in an automobile
accident with a vehicle in which Barry Duvall was an occupant. At that time, Mr. Richardson rear-
ended the vehicle in which Plaintiff was in. As a result of the accident, Mr. Richardson was charged
and plead guilty to driving under influence. The Defendant has admitted liability for this accident.
II. FACTS AS TO DAMAGES:
The Plaintiff went to Cumberland Valley High School up until the ninth grade. At that time,
he was expelled from school for massive truancy and went through several situations with private
schools and halfWay houses before allegedly obtaining his GED. The Plaintiff is currently 37 years
old and has worked at numerous odd jobs since that time. He indicated that in approximately 1995,
he tried to start a hauling business with his brother. He claimed that he made approximately
$3,500.00 in 1997, 1998 and 1999. Although Plaintiff has not asserted a wage loss claim, this
employment history is indicative of Plaintiff s general cognitive abilities and domineer prior to the
accident.
Plaintiff alleges that he sustained a closed head injury and soft tissue injury to his back.
Plaintiffhas not alleged nor has he supplied defense counsel with any recoverable medical expenses.
III. PRINCIPLE ISSUES OF LIABILITY AND DAMAGES:
A. Amount of general damages.
B. Amount of punitive damages if any.
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IV. LEGAL ISSUES:
A. Whether Plaintiff may recover punitive damages from an essentially judgment proof
Defendant.
B. Whether the issue of punitive damages should be bifurcated since the chance of
prejudice so greatly outweighs the probative value of the information regarding Defendant's
intoxication at the time of the accident.
V. IDENTITY OF WITNESSES TO BE CALLED:
A. Plaintiff as on cross examination
B. Defendant, George Richardson
C. Plaintiffs treating medical providers identified in Section VI below
D. Any witnesses listed by Plaintiff
E. Defendant reserves the right to add additional witnesses upon reasonable notice of
Plaintiff s counsel.
F. Defendant reserves the right to call additional witnesses if the punitive damage issue
is allowed to go forward, which witnesses will be identified as directed by the Court.
VI. EXHIBITS:
A. Deposition of Barry Duvall
B. Medical records from the following:
1. Dr. Michael Warner
2. Holy Spirit Hospital
3. Cynthia Socha-Gelgot, Ph.D.
4. Dr. Todd Samuels
C. Student records from Cumberland Valley School District
D. Criminal file from Mr. Richardson's DUl
E. Criminal records from Mr. Duvall's DUl
F. Net worth statement from the Defendant
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VII. SETTLEMENT NEGOTIATIONS:
Defendant has requested with Plaintiff s counsel that settlement negotiations not be included
in the Pretrial Memorandum but be discussed with the Court at the time ofthe conference.
By
Geor e B. Faller Jr.
AttorneyLD. # 49813
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Defendant
Dated: January 7,2002
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CNIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S MOTION IN LIMINE
MOTION TO EXCLUDE EVIDENCE OF THE PLAINTIFFS' PRIOR Dill
1. In part VI of the Defendant's pre-trial memorandum captioned Exhibits, the Defendant
has listed under subsection "E" the "Criminal records from Mr. Duvall's DUI".
2. Pa.R.E. 401 captioned "Definition of 'Relevant Evidence" the rule provides that:
'Relevant evidence' means evidence having any tendency to make the existence of
any fact that is of consequence to the determination of the action more probable or
less probable than it would be without the evidence.
3. Pa.R.E. 402 captioned "Relevant Evidence Generally Admissible: Irrelevant Evidence
Inadmissible" provides that:
All relevant evidence is admissible, except as otherwise provided by law. Evidence
that is not relevant is not admissible.
4. The Defendant has admitted liability for this accident. Pretrial Memorandum of
Defendant, George Richardson Section 1.
5. The issues involved in this case are the extent ofthe Plaintiffs injuries and the amount of
punitive damages.
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6. The Plaintiffs prior DUI has no relation to the accident involved in this case and PaRE.
40 I and 402 prohibit the introduction of the Plaintiff s prior DUI.
WHEREFORE, the Plaintiffs pray that Your Honorable Court will grant their motion in
limine and preclude the Defendant from introducing into evidence the Plaintiffs DUI.
MOTION TO EXCLUDE PLAINTIFF'S EMPLOYMENT RECORD
7. The Plaintiff has not made any work loss claim.
8. The Defendant acknowledges that no work loss claim is made.
9. With no work loss claim, the Plaintiffs employment record is not involved in this case.
10. Pursuant to Pa.R.E. 401 and 402, the Plaintiffs work history is not relevant to the case
and his work history is not admissible.
WHEREFORE, the Plaintiffs pray that Your Honorable Court will grant their motion in
limine and preclude the Defendant from introducing into evidence the Plaintiffs employment
record.
MOTION TO EXCLUDE THE PLAINTIFF'S STUDENT RECORDS FROM
CUMBERLAND VALLEY SCHOOL DISTRICT
II. In part VI of the Defendant's pre-trial memorandum captioned Exhibits, the Defendant
has listed under subsection "C" the Plaintiffs student records from Cumberland Valley School
District.
12. The Plaintiff is thirty-seven years old and Cumberland Valley School District expelled
him when he was in ninth grade.
13. The Plaintiffs school records are almost twenty-two years old.
14. As aforesaid, the Plaintiff is not making any work loss claim.
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15. Pursuant to Pa.R.E. 401 and 402, the Plaintiffs educational records from Cumberland
Valley School District are not relevant to the case because the Plaintiff is not making any wage loss
claim.
WHEREFORE, the Plaintiffs pray that Your Honorable Court will grant their motion in
limine and preclude the Defendant from introducing into evidence the Plaintiffs records from
Cumberland Valley School District.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: January 8, 2002
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Attorney for Plaintiff
Attorney LD. No. 21582
4ll-A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DW ALL
CIVIL ACTION - LAW
Plaintiff
v.
GEORGE RICHARDSON
No<,x:::'l .::2."lit:> Civil Term
JURY TRIAL DEMANDED
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you WiIdlto4efendagainst the claims set
forth in the following pages, you must take action wi~ 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 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 LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
(717) 249 3166 or 1 800 990 9108
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NOTICIA
Le han demaandado a usted en la corte. Si usted quieie defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo
al partir de la fecha de la demanda y la notificacion. Usted debe presentar una
apa,riencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma
escrita sus defensas 0 sus objections alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas y puede entrar una
orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio
que eS pedido en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importanted para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVIClO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA'OFICINA CUYA
DIRECClON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBELAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
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David W. Knauer
Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg. PA 17055
(717) 795-7790
Date: May 2, 2000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
GEORGE RICHARDSON
Defendant
No. 0-0 ~ .2 7 N Civil Term
JURY TRIAL DEMANDED
COMPLAINT
1. The Plaintiff Barry Duvall is an adult individual with an address of61 East
Main Street, Mechanicsburg, Pennsylvania.
2. The Defendant George Richardson is an adult individual with an address of 83
Mountain Rd. Mt. Holly Springs, Pennsylvania.
3. At all times relevant herein, the Defendant George Richardson was the owner
and operator of a certain 1995 Isuzu Rodeo.
4. At all times relevant herein, the Plaintiff was a passenger in a certain 1984
Chevrolet pick-up truck owned by Raymond D. Nicholson and operated by
Brian Allen Nicholson.
5. On or about January 21,2000, Defendant was operating his vehicle on
Interstate 81, when his vehicle suddenly and violently collided with Raymond
Nicholson's vehicle.
6. The Defendant Richardson was careless; reckless and negligent in that he:
a. was unfit to operate a motor vehicle because he had a blood alcohol
level of .20;
b. drove at an excessive rate of speed;
c. failed to see Nicholson's vehicle;
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d. failed to maintain an assured clear distance between his vehicle and
the Plaintiffs vehicle;
e. failed to be attentive to his driving;
f. failed to bring his vehicle to a stop without striking the Plaintiffs
vehicle;
g. drove at an excessive rate of speed;
h. failed to exercise reasonable care under the circumstances then and
there extant;
i. struck the Plaintiff s vehicle;
J. violated the Pennsylvania Motor Vehicle Code Sections 3731, 3361,
3714 and;
k. was negligent per se because he operated a vehicle with a blood
alcohol level of .20 in violation of the aforesaid statute;
7. Solely as a result of the Defendants' aforesaid carelessness, recklessness, and
negligence, the Plaintiff suffered severe and sundry injuries to his person
including but not limited to injuries to his neck and back, closed head and
other injuries.
8. Solely as a result of the carelessness, recklessness and negligence of the
Defendants, the Plaintiff has suffered the following elements of past and
future damages recognizable under the law of the Commonwealth of
Pennsylvania including bnt not limited to:
a.) pain and suffering;
b.) medical expenses;
c.) emotional distress;
d.) enjoyment oflife;
e.) loss of wages and impairment of economic horizons;
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f.) other damages recoverable under the law of the
Commonwealth of Pennsylvania.
WHEREFORE, the Plaintiff demands judgment in his favor and against
the Defendant in an amount in excess of the amount for mandatory referral to
arbitration.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: May 2, 2000
David W. ner, uire
Attorney for Plaintiff
Attorney LD. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717)795-7790
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VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to
authorities, we hereby certify that the facts in the foregoing pleading are true and
correct to the best of our information and belief.
Date: E-02-OEJ
(3rt J),vd
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-02780 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DUVALL BARRY
VS
RICHARDSON GEORGE
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
RICHARDSON GEORGE
the
DEFENDANT
, at 0016:46 HOURS, on the 9th day of May
, 2000
at 83 MOUNTAIN ROAD
MOUNT HOLLY SPRINGS, PA 17065
by handing to
GEORGE RICHARDSON
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.72
.00
10.00
.00
31.72
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R. Thomas Kline
05/11/2000
KNAUER & ASSOCIATES
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Sworuand Subscribed to before By:
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F:\FILES\DATAFILE\Travdoc.cur\684-pral/nlm
Created: 08/03/00 03:24:13 PM
Revised: 08fO~/OO 03:26:38 PM
3090.684
, ,
BARRY DUVALL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO. 002780
CIVIL ACTION-LAW
GEORGE RICHARDSON,
Defendant
JURY TRIAL OF TWEL VB DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above
captioned action.
MARTSON DEARDORFF WILLIAMS & OTTO
By
George B. Faller, Jr., Ulre
J.D. No. 49813
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Defendant
Dated: August 3, 2000
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CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
David W. Knauer, Esquire
411 A East Main Street
Mechanicsburg, P A 17055
MARTSON DEARDORFF WILLIAMS & OTTO
BY,-J(~ '-A.~
Nichole L. Myers
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 3, 2000
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F:\FJLES\DA TAFILB\Travdoe,cur\684-ans.llnlmftde
Created: 08104100 10:24;09 AM
\ Revised: 08115100 03:48:40 PM
3090.684
/
BARRY DUVALL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 002780
CIVIL ACTION-LAW
GEORGERlC~SON,
Defendant
JURY TRIAL OF TWEL VB DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
TO: BARRY DUVALL, Plaintiff, and his attorney, DAVID W. KNAUER, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
1-4. Admitted.
5-8. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. The
averments are therefore deemed denied and proof is demanded.
WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiff's
Complaint with prejudice.
NEW MATTER
9. The averments of paragraphs 1 through 8 of this Answer are incorporated herein by
reference.
10. The Plaintiff's claims are barred by the applicable Statute of Limitations.
11. The Plaintiff's recovery is barred or reduced by the Pennsylvania Motor Vehicle
Financial Responsibility Law as amended.
12. Plaintiffs or their representatives chose the limited tort option by signing a valid
selection form.
13. Plaintiffs' injuries do not involve death, serious impairment of bodily function or
permanent disfigurement.
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WHEREFORE, Defendant demands judgment in his/her favor and dismissal of Plaintiffs'
Complaint with prejudice.
MARTSON DEARDORFF WILLIAMS & OTTO
By
George B. Faller, Jr., Esquire
LD. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
Date: September 1, 2000
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VERIFICATION
The foregoing Defendant's Answer With New Matter to Plaintiff's Complaint is based upon
information which has been gathered by my counsel in the preparation ofthe lawsuit. The language
of the document is that of counsel and not my own. I have read the document and to the extent that
it 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 document is that of
counsel, I have relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
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I, Jennifer L. Kelley, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Defendant's Answer to Plaintiff s Complaint was served this date
by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
David W. Knauer, Esquire
411 A East Main Street
Mechanicsburg, P A 17055
MARTSON DEARDORFF WILLIAMS & OTTO
By
Dated: September 1, 2000
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
GEORGE RICHARDSON
Defendant
No. 00-2780 Civil Term
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO THE DEFENDANT'S NEW MATTER
9. The Plaintiff incorporates herein by reference thereto paragraphs 1
through 8 inclusive of the Complaint as if more fully set forth herein by reference
thereto.
10. Denied as alleged. The Plaintiff avers to the contrary that paragraphs
10 through 13 inclusive of the Defendant's New Matter are conclusions of law to
which no reply is required pursuant to the Pennsylvania Rules of Civil procedure
and strict proof thereof is demanded at time of trial.
WHEREFORE, the Plaintiff demands judgment in his favor and against
the Defendant on the Defendant's New Matter.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: September 8, 2000
t!dJd.e::::
Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
GEORGE RICHARDSON
Defendant
No. 00-2780 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 8th day of September,
2000, serve a true and correct copy of the within Plaintiff's Reply to Defendant's
New Matter on all counsel of record by United States mail, first class, prepaid
addressed as follows:
Jennifer L. Kelly, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
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Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
GEORGE RICHARDSON
Defendant
No. 00-2780 Civil Term
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO THE DEFENDANT'S NEW MATTER
9. The Plaintiff incorporates herein by reference thereto paragraphs 1
through 8 inclusive of the Complaint as if more fully set forth herein by reference
thereto.
10. Denied as alleged. The Plaintiff avers to the contrary that paragraphs
10 through 13 inclusive of the Defendant's New Matter are conclusions of law to
which no reply is required pursuant to the Pennsylvania Rules of Civil procedure
and strict proof thereof is demanded at time of trial.
WHEREFORE, the Plaintiff demands judgment in his favor and against
the Defendant on the Defendant's New Matter.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
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Date: September 12, 2000
David W. Knauer, Esquire
Attorney for Plaintiff
Attorney 1.0. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v,
GEORGE RICHARDSON
Defendant
No, 00-2780 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, David W, Knauer, hereby certify that I did this 12th day of September,
2000, serve a true and correct copy of the within Plaintiff's Reply to Defendant's
New Matter on all counsel of record by United States mail, first class, prepaid
addressed as follows:
Jennifer L. Kelly, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
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David W. Knauer, Esquire
Attorney for Plaintiff
Attorney 1.0. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S REQUEST FOR PRODUCTION
OF DOCUMENTS UNDER PA. R.C.P. NO. 4009
FIRST SET
TO: George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, pA 17013
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 photocopied, photograph negatives will be processed and
photographs reproduced. Said documents or tangible things are to be produced at the
offices of David W. Knauer, Esquire, 411-A E. Main Street, Mechanicsburg, PA 17055
within forty-five (45) days of the date of service hereof and supplemented thereafter in
accordance with Pa. R.C.P. 4007.4:
1. The entire contents of any investigation file or files and any other
documentary material in your possession which relate in any manner (excluding
references to mental impressions, conclusions or opinions regarding the value or merit
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of the claim or defense or respecting strategy or tactics and privileged communication
from and to counsel) to the within action.
2. Any and all statements concerning the action, as defined by Rule 4003.4
from all witnesses including any statements from the parties herein, or their respective
agents, servants or employees.
3. All photographs taken or diagrams prepared of the scene of the
accident/incident or any instrumentality involved therein.
4. Any and all documents containing the names and home and business
addresses of all individuals contacted as potential witnesses.
5. Reports of any and all experts who will testify at Trial.
6. Reports of any and all agents or employees of Defendant prepared as a
result of the incident.
6. A copy of the Defendant(s) insurance policy.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: December 11, 2000
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Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 11th day of December, 2000,
serve a true and correct copy of the Plaintiff's Request for the Production of Documents
to the Defendant on all counsel of record by United States mail, first class, prepaid
addressed as follows:
Date: December 11, 2000
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Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 11th day of December, 2000,
serve a true and correct copy of the Plaintiffs Interrogatories to the Defendant on all
counsel of record by United States mail, first class, prepaid addressed as follows:
Date: December 11, 2000
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Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
NOTICE OF DEPOSITION
Please be advised that on February 8, 2001, at 10:00 a.m., the Plaintiff will take the
deposition of George Richardson, at the offices of Knauer & Associates, LSC, located at 411-A
East Main Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer
oaths. The oral examination will continue from day to day until completed.
You are invited to attend and participate in this examination.
Respectfully submitted,
KNAUER & ASSOCIATES, LSC
Date: December 20, 2000
David W. Knauer, sire
Attorney for the Plaintiff
Attorney l.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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No. 00-2780 Civil Term
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GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certifY that I did this 20th day of December, 2000, serve a
true and correct copy of the Deposition Notice on all counsel ofrecord by United States mail,
first class, prepaid addressed as follows:
George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
Date: December 20, 2000
0flt1<t lJ.~.uI
David W. Knauer
Attorney for Plaintiff
Attorney 1.0. No, 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
NOTICE OF DEPOSITION
Please be advised that on February 8, 2001, at 10:00 a.m., the Plaintiff will take the
deposition of Barry Duvall, at the offices of Knauer & Associates, LSC, located at 411-A East Main
Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer oaths. The
oral examination will continue from day to day until completed.
You are invited to attend and participate in this examination.
Respectfully submitted,
Date: December 20, 2000
KNAUER & ASSOCIATES, LSC
2t:i{~L~
Attorney for the Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 20th day of December, 2000, serve a
true and correct copy of the Deposition Notice on all counsel of record by United States mail,
first class, prepaid addressed as follows:
George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
Date: December 20, 2000
2,~~~
Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PLAINTIFF BARRY DUVALL'S ANSWER TO DEFENDANT GEORGE
RICHARDSON'S INTERROGATORIES
1.
These dates are the Plaintiff's best recollection. Plaintiff reserves the right to
supplement this answer. Any exact dates will be provided by medical records.
January 2000
ER at Holy Spirit Hospital Dr. Glen Daughtry
February 2000
Dr. Mike Warner, Warner Chiropractic and Rehabilitation Center
March, 2000
Dr. Cynthia Socha-Gelgot
Dr. Robert Stine
Dr. Todd Samuels, 897 Poplar Church Rd. Camp Hill, PA
2.
Plaintiff did not see any doctors or healthcare providers prior to the accident.
3.
Rehabilitation was required by Dr. Warner
See Answer 1
Plaintiff reserves the right to supplement this answer
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a. Closed head injury
b. back
c. neck
d.headaches
e. depression
f. dizziness
Plaintiff reserves the right to supplement this answer
5.
No
6.
Jan. 21, 2000 - present
Plaintiff will supply an estimate of the amount of lost income.
7.
Plaintiff suffers from severe headaches
Plaintiff suffers from severe neck pain
8.
Chiropractic treatment
Plaintiff reserves the right to supplement this answer
9.
See attached police report
10.
American Aluminum and Insulation
150 Fulling Mill Rd.
Middletown, PA
Approx. $1001 day
Duties: Siding houses
Plaintiff was self-employed. He operated a hauling business.
11.
Plaintiff has provided all Tax Returns in his possession. Past employers should
have the relevant information and documents.
12.
Plaintiff is unable to do any lifting. Sitting for long periods of time causes pain in
Plaintiffs back. Plaintiff is unable to participate in hobbies, which he participated
in preceding the accident. These hobbies and activities include swimming,
hiking, working on cars, working at his job. Plaintiff had an inspection license but
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is unable to use the license due to his injuries. Plaintiff reserves the right to
supplement this answer.
13.
Raymond Nicholson, State Farm Insurance
Tom Duvall, Progressive claims made: Medical Treatment
Plaintiff does not know the amount paid or the policy limits.
14.
None to Plaintiffs knowledge
15.
Plaintiff has not yet decided what experts he will call at trial.
16.
See answer 15.
17.
Traveller's Insurance recorded statement
18.
Kevin Nelson, teaches fire safety at HAAC
Cumberland County Fire dept.
Cumberland County Ambulance
Also see police report
19.
No
20.
Yes.
Sept. 1999
Erford Rd. Camp Hill, PA
Plaintiff was not injured
No claims were made
No lawsuit was initiated
21.
Yes
Cumberland County
DUI approx. Sept. 1999 Plaintiff does not recall exact date
Plaintiff plead guilty
22.
No.
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Barry Scott Duvall
179-56-8683
D.O.B. 1/13/64
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Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: February 15, 2001
David W. Knauer, suire
Attorney for Plaintiff
Attorney 1.0. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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Subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to
authorities, we hereby certify that the facts in the foregoing pleading are true and
correct to the best of our information and belief.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 15th day of February, 2001,
serve a true and correct copy of the Plaintiff's Answers to Defendants Interrogatories on
all counsel of record by United States mail, first class, prepaid addressed as follows:
George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
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Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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F:\FlLE,."\DATAFILE\Travdoc,cur\684.inl_Jlnlm
Created: OSJ031OO03:47:5IPM
Revised: 08/03/0003:51:55 PM
3090.68A
BARRY DUVALL,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 002780 IltCflfEl>A/'l' ~
CIVIL ACTION-LAW Uo 0 D 2000
JURY TRIAL OF TWELVE DEMANDED
GEORGE RICHARDSON,
Defendant
DEFENDANT'S FIRST SET OF INTERROGATORIES
DIRECTED TO PLAINTIFF
TO: BARRY DUVALL, Plaintiff, and his attorney, DAVID W. KNAUER, ESQUIRE
Enclosed are Interrogatories propounded by Defendants to be answered under oath by the
aforesaid Plaintiff pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service
hereof. A copy of said Answers shall be served upon counsel for Defendants at the address below.
These Interrogatories shall be deemed to be continuing Interrogatories and if, between the
time of your Answers to said Interrogatories and the time of trial of this case, you or anyone acting
in your behalf learn of any further information not contained in your said Answers, you shall
promptly furnish said information to the undersigned by supplemental answers.
As used herein, the words "accident" or "occurrence" refer to the event or events described
in your Complaint and all related events and circumstances. The word "you" or "your" includes
your attorneys, representatives, insurers, and all others purporting to act on your behalf.
Unless otherwise specified, response to the following Interrogatories shall give the requested
information for the period from January 22, 2000 to the present (hereinafter sometimes referred to
as the "time period").
It is hereby certified that a true and correct copy of these Interrogatories was mailed to
counsel for the Plaintiff on this date by the undersigned.
MARTS ON DEARDORFF WILLIAMS & OTTO
eorge B. Faller, Jr., EsqUJ
LD. Number 49813
Ten East High Street
Car1isle,PA 17013
(717) 243-3341
Date: August 3, 2000
Attorneys for Defendant
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For each health care practitioner Plaintiff has seen since the date of the accident (whether in
connection with the injuries suffered in the accident ornot), provide the identity of same, the purpose
of seeing practitioner, the number and inclusive dates of each visit, a description of all medication
recommended or prescribed, a description of any treatment received or recommended, a listing of
any charges incurred and the identity of the person or entity paying same if not Plaintiffs.
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Identify any health care practitioner that you have seen for ten (10) years prior to the incident
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State whether, as a result of the said occurrence, you required any medical or vocational
rehabilitation services; that is, services necessary to reduce disability and to restore the physical,
psychological, social and vocational functions, including but not limited to: medical care, diagnostic
and evaluation procedures, physical and occupational therapy, other necessary therapies, speech
pathology and audiology, optometric services, nursing care under the supervision of a registered
nurse, medical social services, vocational rehabilitation and training services, occupational licenses
and tools, and transportation necessary to secure such services.
If so, state fully:
The names and addresses of all medical, rehabilitation facilities, hospitals and/or clinics at
which you were examined or attended; the names and addresses of all individuals and physicians
who attended or examined you; the date of each treatment; and a description of the treatment
received.
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State fully all the injuries you claim to have suffered in or as a result of the said occurrence.
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As to the injuries claimed in Interrogatory No.4, have you ever experienced or been treated
for the same or similar condition?
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State fully all elements of economic loss, and the dollar value thereof, that you claim to have
suffered in or as a result ofthe said occurrence. As part of your answer, state specifically, any claims
for loss of income, past, present and future, explain how that was computed, and provide the
inclusive dates of all time lost from work, whether full time or part time.
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If you still suffer pain from any of your injuries and conditions resulting from the incident,
state specifically the frequency and nature of the pain and the injuries or conditions from which it
emanates.
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What future reasonable and necessary professional medical treatment and/or care do you
claim you will require as a result of the said occurrence?
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Was any investigation made of the accident or accident scene by you or by anyone acting on
your behalf after the accident?
If so, then for each such investigation, kindly state further:
(a) The date and time it was made;
(b) The name, address and employment of the person who made it;
(c) The date and present custodian of any report concerning the inspection or
investigation;
(d) The identity of all persons interviewed as part of the inspection or investigation; and
(e) A description of any exhibits, including, but not limited to, photographs or drawings
prepared in connection with the investigation or inspection.
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Please identifY each of your employers, state the inclusive dates of employment and your
gross and net earnings on a weekly or monthly basis for the period beginning five years before the
accident to and including the present. With respect to each such employment, please describe your
job duties and responsibilities.
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Interrogatory No. II
If you have filed a Federal, State or LocaUncome Tax return for any of the five calendar
years preceding the accident or any year since, please state whether copies were kept or subsequently
obtained, and, if so, identify every person who has, or at any time had, a copy of same. Alternatively
to an answer, you may attach complete copies of each return as filed, to include, without limitation,
all schedules, W-2, 1099's and other attachments.
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Interrogatory No. 12
State whether you have been unable to perform satisfactorily all duties required of you in
your employment and all activities of daily living since the date of the said occurrence, indicating
with particularity those duties and activities you were unable to perform and the names and addresses
of all persons having knowledge of such, including your supervisors, fellow employees, family,
friends and the like. State further the identity of any physician who has advised you concerning the
limitations or duration of any such disability.
ANSWER:
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Interrogatory No. 13
Please state the name and address of any insurer, auto or otherwise, which you believe
provides coverage, whether first party, third party, primary, secondary, contingent worker's
compensation or other, for any injury or loss arising out of the said accident, and state further the
owner of the policy, the type of policy, a description of any claim made, the nature of the coverage,
the limits of each coverage applicable, the nature and amounts of any benefits paid by any such
insurer and a description of any claim that was denied in whole or in part.
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Identify any medical expenses which you have incurred which have not been covered by a
collateral source (i.e. first party medical coverage, worker's compensation, Blue Cross/Blue Shield,
etc.).
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Please identify each person you expect to call as an expert witness at trial and state the
subject matter on which each person is expected to testify.
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As to each person identified in your answer to the preceding interrogatory, please state the
substance of the facts and opinions to which he is expected to testify and the grounds for each
opinion. *
Signature of Expert
* A report, personally signed by your expert, may be furnished in lieu of your answer to this
interrogatory. If you elect to furnish reports in lieu of an answer, then please indicate in the space
above the date of each such report and the persons by whom they were prepared.
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IdentifY every person known to you who claims to have seen or heard any of the parties make
any statement or statements pertaining to any of the events or happenings alleged in the pleadings.
ANSWER:
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IdentifY every person known to you, who you believe may have knowledge concerning:
(a) The happening of the accident;
(b) Any fact or circumstance pertaining to the accident; or
(c) The conditions at the scene at, or immediately before or after, the time of the accident.
ANSWER:
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Have you, your attorney, or any representative of you or your company entered into or been
a party to any releases, stipulations, understandings or agreements regarding your liability for the
claims which have been made in this case?
ANSWER:
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Have you ever been an occupant of an automobile that was involved in a collision, other than
the collision described in your Complaint? If so, please state:
(a) the date and location of each collision;
(b) the identity of all other occupants of all vehicles involved in the collision;
(c) whether you were injured in the collision, and, if so, the nature and extent of your
injuries;
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of the insurer and claims adjuster and location of the claims office of all insurers against whom any
claim was made by you, whether as a first party or third party;
( e) whether you were a party in any court action or arbitration arising out of the collision,
and, if so, please state below the full caption, identity of all attorneys, and the present status of said
court action or arbitration.
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Have you ever been convicted or pled guilty to a crime? If so, list the court, the offense and
the date of the conviction or guilty plea.
ANSWER:
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Interrogatory No. 22
Have you ever, either prior to or after the accident, made a claim for a personal injury or
worker's compensation? If so, describe the circumstances surrounding the claim including the name
of the party against whom the claim was made and their insurance company.
ANSWER:
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Interrogatory No. 23
State your full name, any aliases, prior names, nicknames and your social security numbers
and date of birth.
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
Barry Duvall, being duly sworn according to law, depose and say that the facts set forth in
the foregoing Answers to Interrogatories are true and correct.
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Sworn to and subscribed before me
this day of , 2000
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CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Defendant's First Set ofInterrogatories Directed to Plaintiff was
served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage
prepaid, addressed as follows:
David W. Knauer, Esquire
411 A East Main Street
Mechanicsburg, P A 17055
MARTS ON DEARDORFF WILLIAMS & OTTO
By~ AlcJw-& ~ ffLtpvv
Nichole L. Myers
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: August 3, 2000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S REPLY TO DEFENDANT GEORGE RICHARDSON'S REQUEST
FOR PRODUCTION OF DOCUMENTS
1. See attached
2. See attached police report
3. Plaintiff will supply recorded statement form Traveller's Insurance upon
receipt
4. Plaintiff has not yet decided what expert witnesses he will call at trial
5. See attached
6. Plaintiff does not have any such files in his possession
7. See attached
8. See attached
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Date: February 15, 2001
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
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Attorney for Plaintiff
Attorney 1.0. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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Created: 08103/00 03:43:22 PM
Revised: 08/03fOQ03:46:30PM
3090.684
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BARRY DUVALL,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 002780 RICB'YBJ)AlJS
CIVIL ACTION-LAW 05 ZOllO
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GEORGE RICHARDSON,
Defendant
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JURY TRIAL OF TWELVE DEMANDED
DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO PLAINTIFF
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TO: BARRY DUVALL, Plaintiff, and his attorney, DAVID W. KNAUER, ESQUIRE
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AND NOW, this 3rd day of August, 2000, pursuant to Pa. R.C.P. 4009, as amended, comes
the Defendant, George Richardson, by its Attorneys, MARTSON DEARDORFF WILLIAMS &
OTTO, Ten East High Street, Carlisle, Pennsylvania, and requests Barry Duvall to produce for
inspection, examination and copying, at the above office, not later than thirty (30) days after service
of this Request the following documents:
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1. All photographs in the possession, custody or control of Plaintiff, counsel for
Plaintiff, or any other person or entity acting on behalf of Plaintiff, including any insurers for
Plaintiff, showing, representing or purporting to show any vehicles, locales, instrumentalities,
persons, property, and any and all other matters related to the subject matters ofthis litigation.
2. All diagrams, sketches, drawings, plans, measurements or blueprints in the
possession, custody or control of Plaintiff, counsel for Plaintiff, or any other person or entity acting
on behalf of Plaintiff, including any insurer of Plaintiff, showing representing or purporting to show
any of the instrumentalities, locales, persons or other matters involved in the incident which forms
the basis of Plaintiffs Complaint.
3. All statements, signed statements, transcripts of recorded statements or interviews,
recorded statements if not transcribed or any statement or recorded statements if not transcribed
verbatim taken of any parties, persons or witnesses as part of an investigation of the happening or
cause of the incident in question, conducted by, or in the possession of, Plaintiff, Plaintiffs attorney,
insurers or anyone else action on behalf of Plaintiff.
4. All expert opinions, expert reports, expert summaries or other writings of experts in
possession, custody or control of Plaintiff, Plaintiffs attorneys or insurers, which relate to the subject
matter of this litigation and the incident in question.
5. All documents prepared by Plaintiff, or by any insurers, representatives, agents or
anyone acting on behalf of Plaintiff, except Plaintiffs attorneys, during an investigation of any aspect
of the incident in question. Such documents shall include any documents made or prepared up
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through the present time, with the exclusion of the mental impressions, conclusions or opinions
respecting the value or merit of a claim or defense, or respecting strategy or tactics.
(NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic
matter, however produced or reproduced, including correspondence, telegrams, other written
communications, data processing storage units, tapes, contracts, agreements, notes, memoranda,
analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films,
photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the
foregoing, regardless of whether the parties to whom this request is addressed are now in the
possession, custody or control of the original) now in the possession, custody or control of Plaintiff,
Plaintiffs former or present counsel, agents, employees, officers, insurers or any other person action
on Plaintiffs behalf.)
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6. If not otherwise covered by the above Requests, the complete
claims/investigation/subrogation/no-fault file(s) of Plaintiff or any insurers thereof, dealing with the
incident in question, with the exclusion of the mental impressions, conclusions or opinions
respecting the value or merit of a claim or defense, or respecting strategy or tactics.
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7. All documents in the possession, custody or control of Plaintiff, Plaintiffs counsel,
insurers, or anyone else acting on Plaintiffs behalf, dealing in any way with aII injuries, damages
and losses sustained by the Plaintiff. This should indicate, but not be limited to, bills, invoices,
estimates, appraisals, inventories, reports and aII other documents relating to the damages alIeged
in Plaintiffs Complaint.
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8. A copy of the declarations page of any insurance policy where you would be an
insured party or other document indicating the tort option (fuII or limited) which would be
applicable.
9. If any document or class of documents is being withheld on the basis of any privilege,
identifY the document or class of documents, the date or dates of the documents, its author or
originator, as weII as the privilege which is being asserted.
MARTSON DEARDORFF WILLIAMS & OTTO
By
George B. Faller, r.
J.D. Number 49813
Ten East High Street
Carlisle, PAl 7013
(717) 243-334 I
Attorneys for Defendant
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CERTIFICATE OF SERVICE
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I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Defendant's Request for Production of Documents Directed to
Plaintiff was served this date by depositing same in the Post Office at Carlisle, P A, first class mail,
postage prepaid, addressed as follows:
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David W. Knauer, Esquire
411 A East Main Street
Mechanicsburg, P A 17055
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MARTSON DEARDORFF WILLIAMS & OTTO
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By JV;cJ~ cA I~
Nichole L. Myers
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
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Dated: August 3, 2000
Account Balance:
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Date of Se"i~.. '0".-
07/07 /00 .;"-;~\
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503 NORTH 21 ST STREET
CAMP Hill, PA 17011.2288
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!II
Patient Name:
Account Number:
BARRY S DUVALL
]5289366
1",111",111""1,1"1,1",11,1..1,,,,11,,,111,1,,1,1,""III
BARRY S DUVALL
6] E ~lA1N ST
~lECHA."ICSBliRG, PA 17055-38ll
Dear Patient/Guarantor:
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Payment has not been received in response to our recent requests. Your account is now
p3~t dl..:e. Ple2se rZ:i1it p3.\'D1e:::t in Ld!. Dr cont2ct 0Ui Patient :\::counts DCD:.1rtn1ent 2t
(Toll Free) 1-877-25-+-9239 if you ha\;e any questions or wish to make pa:/ment arrangements.
If you have already paid the balance, thank you, and please disregard this letter.
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Sincerely,
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P31ient Accounts Department
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ if !".2'~e~t!l~ 6l.'..e:!,dt l2.e<;!' ~l~d~ ~e~s~ l2.is!e~a~d]l2!s_L!:tt~r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Jj
Please Indicate Method of Payment:
PLEASE RETURN THIS ?ORTtO~ WITH YOUR PAYMENT
Cred i t Card II
r1-...,.'. ..., !r,.f '~.'" a'- Order D
'-'"......'. .... ....'.,...-;
Visa 0 MasterCard 0
Discover 0 Optima 0
Arne, 0
:;:;-\pii.:.~i;:"j; ~:"k:
r'3j-":r.::r:t .\ir;ot:r.t s:
Cardholder Name:
Signature:
Patient Name:
Account Number:
BARRY S DUVALL
]5289366
Account Balance:
1",111",111"""11",11"1,1,,1,11,,1,1,,1,11,,,,,11,1",111.,,1
HOLY SPIRIT HOSPITAL
503 NORTH 2]ST STREET
CAMP Hill, PA ]70ll-2288
HBCS-AR-N039-0 1
N001009-000832
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- ","1-.=,,,,,.
PLEASE PAY THIS AMOUNT .
DUE BY
90.55 09/28/00
AMOUNT PAID l- S
WE ACCEPT VISA,M/C
'. ACCOUNT' NUMBER AND NAME
15289366
DUVALL ,BARRY S
. FOR.lNFOR,joATION. ON ACCOUNT, PLEASE CALL
877-254-9239
SEND
AYMENT
TO
HOLY SPIRIT HOSPITAL
503 N 21ST STREET
:CAM~ HILL, PA 17011
'ADM'DT: 070700
i DSH DT: *NONE*
"SB: 21025
;717-691-0793
,
1...111..,111.,..1,1..1.1".11,1,,1..,,11,.,111,1,,1,1.",,111
15289366
BARRY S DUVALL
61 E MAIN ST
MECHANICSBURG PA 17055-3811
,HR:
p84.0
HSG
...._'____.______._.+_+U____._..V~_.___.__.._.....h____._._._h_n.....______n____n_n_u_._........_________.....ou_______...._______....___.........___..........nu........J.
""'00' ",~,,'" 15289366
?a1,,,,t"a~,' DUVAL L , BARRY S
$,,"" $'", 0 7/0 7/0 0 $'0"" ",0'
~~~:f::1f-nt JG:e; 0 9/1 3/0 0 Last S:a~,€;:-,l Dc:~f:
Pa ge ~~o.
07/12/00
JESTJONS? Please Call:
877-254-9239
Contact:
ACCOUNT BALANCE
ESTlIJiATEO INSURANCE DUE
TOTAL PATIENT CREDITS
90.55
.00
TRA.'>:$ DATE DESCRIPTION
AMOUNT
PREVIOUS BALANCE
07/07/00 KETOROLAC 60MG INJ
07/07/00 OFF VST LEVEL II
.00
17.55
73.00
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THIS BILL REPRESENTS THE AMOUNT NOT PAID BY YOUR INSURANCE.
REMIT PAYMENT TODAY DR CALL 877-254-9239 IF QUESTIONS.
M81 AUTO INS .00
PLEASE DISREGARD THIS STATEMENT IF YOU HAVE PAID.
1
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address or insurance changes on back and check this box D. Please detach along dotted line and return this portion with your payment
PLEASE PAY '11-115 AMOUNT
OUEBY'
HOLY SPIRIT HOSPITAL
503 N 21ST STREET
CAMP HILL PA 17011
JJ' .
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2,047.80
AMOUNT PAID ~ $
WE ACCEPT VISA,M/C
SEND:.
PAYMENT,
TO' .
HOLY SPIRIT HOSPITAL
503 N 21ST STREET
CAMP HILL, PA 17011
. ACCOUNT NUMBER AND NAME
15268832
DUVALL ,BARRY S
FOR INFORMATION ON ACcOU'NT, PLEASE CAll:
877-254-9239
FADM DT: 070300
~ DSH DT: *NONE *
SB: 21025
~ 717-691-0793
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15268832
BARRY S DUVALL
61 E MAIN ST
MECHANICSBURG PA 17055-3811
u HR:
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15268832
DUVALL ,BARRY S
07/03/00 S.....'" "j;
09/13/00 L'S; S""C.".1 """
?cgel\o.
07/18/00
UESTIONS? Please Call:
877-254-9239
Contact:
ACCOUNT BAlANCE
2,047.80
. PLEAsE PAY THIS AMOUNT
ESTIMATED INSURANCE DUE
TOTAL PATIENT CREDITS
.00
2,047.80
TRANS DATE .
. AMOUNT. '',''J!:
. OO';~
17.55.>
54.25';
64 . 0 O:'~
40.00'1
46.00,-0:
50.00/; .
38. 0 O,~
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49;00:~;
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511. OO;',,~
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2,047.80
YOUR INSURANCE.
qUESTIONS ..
DESCRIPTION
PREVIOUS BALANCE
07/03/00.. KETOROLAC 60MG INJ
07/03/00. LUMBAR PUNC ADULT
07/03/00; .METABOLIC PANEL,C
07/03/00~ GLUCOSE, CSF
07/03/~0~ PROTEIN, CSF
07/0.3/00': FL".CELL CT W DIFF
07/03/00t HEMOGRAM W/AUTO DIFF
07/03/00\;; .'HEPATITIS C. ..
07/03/00.{ ~HEP;B';SURF..AG.
07/03/00':HEP;B'COREAB
07/03/~0~ HEP;B:SURF,AB
07/03jOO~;CSFi'~M/C~LT~
07/03'/00':: ;REFERENCE. LAB
07/03/0~ STAT HANDLING~E~
07/03LOOtSTATHANDLING FEE
07/03/00; CT.BRAIN'WO CON
07/03/00.' .ED:VISIT'LEVEL.;IV'
07/0.3/00:iVENIPUNCTURE.... .'
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H
o R HO SG 1 000022072
THIS BILL REPRESENTS THE AMOUNT NOT PAID BY
REMIT PAYMENT TODAY OR CALL 877-254-9239 IF
M8l AUTO INS .. 00
PLEASE DISREGARD THIS STATEMENT IF YOU HAVE
PAID.
.," .
Until your insurance has paid. the PLEASE PAY THIS AMOUNT represents the balance we estirnate you owe.
Any balance unpaid by your insurance will be cue hem you... Thank. you.
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NEUROLOGY CENTER, P. C.
897 POPLAR CHURCH ROAD
CAMP HILL, PA 17011
Tel: ~17/975-8585
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STATEMENT
Patient: DUVALL,BARRY S
Tax I.D. 251629738
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DUVALL, BARRY S
61 E MAIN ST NO 1
MECHANICSBURG, PA 17055
STATEMENT DATE PAGE
09/18/00 1
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ACCOUNT NUMBER
1009962 - 1 / AA
INDICATE
J'.J>10UNT PAID $
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Place Codes:
IH=In Patient
OH=Out Patient
ER=Emergency Room
I DATE II ICD9 CDII PL* II
DESCRIPTION
II AMOUNT
107/13/001784.0
08/24/00
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Balance forward last statement
99213 EST PATIENT EXPANDED
INDN INSURANCE DENIED .JI
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$ 45.00
YOUR ACCOUNT IS NOW PAST DUE
PLEASE SEND YOUR PAYMENT r1ITHIN 10 DAYS
OR CALL OUR OFFICE TODAY TO MAKE
PAYMENT ARRANGEMEN1'$
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rrn PICA HEALTH INSURANCE CLAIM FORM PICA m-
,. MEDICARE MEDICAID CHAMPUS CHAMPVA -"BOUP FEeA Oih:;; 1B. Ih!SURED S 1.0, NUMEi~R (FOP. PROGRAM IN ITEM ')
h~Mtlr1IClJffl fi) 0 (Medica/a ") Drspansof" SSN) DrvA Fils 'J o HEALTH PLAN 0 SLK LUNG[X]
(SSN or ID) (SSN) X (ID)
2, PATIENT'S NAME (L.asl Name. First Name, Middi8 Inilial) 3. PATIENT'S BIRTH DATE SEX 4. INSUREO"S NAME (Last Na'l1e, FirSl Name, Mlodle Ini,ial)
MM DO VV M[X] FD
DUVALL,;:lARRY ~ -. 01 P :1964 DUVALL ,BARRY S
5, PATIENT'S ADDRESS (No" Street) S. PATIENT REI.ATICNSHI? TO INSURED 7, INSURED'S ADDRESS (No., Street)
61 EAST I"IAIN :-: TREFT Self [i]spouseDchi'c::D Oth8rD 61 EAST ~lAH-J STEEET
CITY I fSTATE B. PATIENT STATUS CITY I STATE
r4ECHAN I CSBUR:i PA SingleD MBrriedD OtharD MECHANICSBURG PA
ZIP CODE I TELEPHONE (Incluce Area Coce) ZIP CODE TELEPHONE (lNCLUOE AREA CODE)
17055 ( 717) ';91-0793 Ern~lo edDFulI.nme Dpart.Time 0 17055 ( 711 "';91-0793
Y Slueent Student
9. OTHER INSUREO.S NAME {Las~ Name, Fils\ Name, Micele lni\ial} '0.15 PATIENTS CONDITION ~ELATED TO: ". INSUREO.S POUey Gf;OUP OP. FEe"- NUMBER
NONF
B. OTHER IN SUR EO'S POLICY OR GROUP NUMBER 8. EMPLOYMENT? (CURRENT OR PREVIOUS) a. INSUREO.S OATE OF 61RTH SEX
DYES MM DO YV M[i] FD
[X] NO 01: 1~ 1964
"
b. OTHER INSURED.S DATE OF BJR1H SEX ~. AUTO ACCIOE!\:T? PLACE (S:ale) b. EMPLOYER'S NAME OR SCHOOL NAME
MM I 00 i YY MD FD [X]VES DNO
, , -
c. EMPLOYER'S NAME OR SCHOOL NAME c, OTHER ACCIDENT? c. I~~SUF.ANCE PLAN NAME OR PROGRAM NAME
DYES [X] NO
"
d, INSURANCE PLAN NAr.',E OR PROGRAM !'I:AME ~ 00, RESERVED FOR LOCAL USE c. IS THERE ANOTHER HEALTH BENEFIT PLAN?
01 24 2000 DYES [i] NO lfyes,relum\Oa:1CCO"11;llelEile.,.,ga-d.
READ BACK OF FOAM BEFOAE COMPLETJNG & SIGNING THIS FOAM, 13. Ii':SUREO'S OR AUThORIZED PERSON'S SiGNATURE I &ul~orize
12, PATIENT'S OR AUTHOFl.IZEO PERSON'S SIGNATURE I aut....orize me release ~ any medical or ot~e~ j.,lorrr.a:io:1 :'Iecessa:y ;layme:"l\ of medical be:"lefi:s 10 t:'le unoerS'9:'1ed p!'lysicie,:'1 o~ supplier fer
10 ;lrecess this Claim. I also re=1;;est payme:'\l 01 govemme:'\t be:1efits either to ml'sell o~ to tne ;la:;y w~c acce~:s assi;:'\":"le."ll servicesoescrioeo below,
below,
SIGNED Si Or1Cl,t.lt l-e on Fi Ie DATE 02 09 2000 SIGNED 5i Oiiat \.ti-e 0\, fi Ie
'4. DATE OF CURRENT: ~ ILl.NESS (First symptom) OR '5. IF PATIENT HAS HAD SAME OR Slt....ILAR ILlNESS, 16. DATES PATiENT UNABLE TO WORK IN CURRENT OCCUPATION
MM 1 DO vv INJURY (AcciCenl) OR G!Ve FIRST DATE MM 1 DO '('( MM DO YY MM 00 YY
1 , FROM:: TO::
, , PREGNANCY (LMP) 1 ,
'7. NAME OF REFERRING PHYSICIAN OR OTHER SOURCE , 7a, 1.0, NUMBER OF REFERRING PHYSICIAN 18. HOSPITAliZATiON DATE:S RELATEO TO CURRENT SERVICES
MM DO VV MM DO VV
SHARMA, RANJr'\NA S r.iD FROM 1 , TO I 1
, , , ,
19. RESERVED FOR LOCAL USE 20. OUTSIDE LAB? $ CHARGES
DYES ONO I I
21. DIAGNOSIS OR NATURE OF ILlNESS OR INJURY. (RELATE ITEMS 1,2.3 OR 4 TO ITEM 24: BY LI~E) ~ 22. MEDICA!D RESUSMISS:ON
CODE ~ ORIGINAL REF. NO.
1786, 50 3,L--, .
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23. PRIOR AUTHORIZATION NUM6ER
2 L--, (.L-.
,., A B I C 0 E F G H 1 J K
DATEiS) O~ SERViCe P1e.cel'l"V:.le PROCEDUMi:S, SERVICES. 0;:; SUPPLIES I OIAGNOSIS DAYS EPSDT RESERVED FOR
From To of > cpl.f,~c!:apc~n1l5I.1al C'rcl.lt.76~J~1~~ 5 CHARGES oA Fsm<ly EMG COB LOCAL USE
MM 00 YY Mt./I DO VV Service $e'Vtee CODE UNITS Plan
,
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01 ;;L',2qOO 01S:':;..J(~OO 2 71100 1-- 1 48: 00 1 X
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25. FEDERAL TAX 1.0. NUMBER SSN EIN 26. PA,lENT"S ACCOUNT NO, 127' ACCEPT ASSIGNMENT? ;:8. TOTAL CHARGE 129. AI.10UNT PAID 30. SALANCE DUE
DEl (Forgcvt. ctallTlS see beck) 93:00
25179280E. 20595378-1/ r"iV [KJVES ONO S 9-1 00 s 0: 00 s
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31. SIGNATURE OF PHYSICIAN OR SUPPLIER 32. "'AME AND ADDRESS OF FACILiTY WHERE SERVICES WEAE 33_ PHYSICIAN S, SUPPLIEA.S BILLING NAME, ADDRESS. ZIP CODE
INCLUDING DEGREES OR CREDENTIALS RENDERED (II dlher II'\.,n h9n-.I! or otloce) & PHONE'
{lce"'!yll'\all~,e slatemefl\son the reverse I-IDLY SPIRIT HOSPITAL (E) QUANTUM IMAG&:THERA ASSOC(HOLY
a.pply \0 lhlS tl.1l and are made a part lhereol.]
BUXTON JR, me, ALD R 503 N 21ST STREET P 0 BOX 2226
02 09 2000 CAMP HILL, P(4 YORJ( , PA i7405-2226
SIGNED DATE i 7011 0390004 PI~. IG".800/529-7621
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(APPMO~'ED BY AMA COU"-CIL ON r/.EDICAL SEi'lVICE f'Sf)
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APPROVED OMS.0938-000a FORM HCFA.1S00 p2-90)< FORM FoRB.1500,
APPROVED OMB.'21S.0055 FORM OWCP.1500. APPROVED OMS.QnO.OO01 (CHA'....'
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ea.se enter address or insurance changes on back and check this box O. Please detach a10ng- dotted line and return this portion with your payment I
PLEASE PAY THIS AMOUNT DUE BY
HOLY SPIRIT HOSPITAL - 408.00 03/11/0C
503 N 21ST STREET AMOUNT PAID ~ Is
CAMP HILrL PA nOIl -
# WE ACCEPT VISA,M/C
ACCOUNT NUMBER AND NAME .
HOLY SPIRIT HOSPITAL 14535595 .
,END 503 N 21ST STREET DUVALL ,BARRY S
YMENT CAMP HILL, PA 17011 .
TO FOR INFORMATION ON ACCOUNT. PLEASE CALL
717-763-2138
ADM DT: 012400
DSH DT: *NONE*
SB: 21025
717-691-0793 I
HR: HSG
922.9
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1,..111...111",.1.1,.1.1,.,11.1..1....11".111.1..1,1....,111
14535595
BARRY S DUVALL
61 E MAIN ST
MECHANICSBURG PA 17055-3811
Account Number:
Patient Name:
Service Slart:
Statement Dale:
14535595
DUVALL ,BARRY S
01/24/00 SeN;ceEnj:
02/25/0 0 last Statement D,:e:
Page No. 1
01/29/00
E$TIONS? Please Call:
717-763-2138
Contact:
ACCOUNT BALANCE
ESTIMATED INSURANCE DUE
TOTAL PATIENT CREDITS
408.00
.00
TRANS DATE
DESCRIPTION
I
AMOUNT
PREVIOUS BALANCE
.00
143.00
197.00
68.00
01/24/00
01/24/00
01/24/00
CHEST
UNILAT LFT RIBS
OFF VST LEVEL II
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NEUROLOGY CENTER, P. C.
897 POPLAR CHURCH ROAD
CAMP H1LL, PA 17011
STATEMENT
Patient: DUVALL, BARRY S
Tax I.D. 251629738
Tel: 717/975-8585
QBARRY S
61 E MAIN ST NO 1
MECHAN1CSBURG, PA 17055
STATEMENT DATE
08/28/00
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ACCOUNT NUMBER
1009962 - 1 / AA
INDICATE
AMOUNT PAID $
Place Codes:
IH=In Patient
OH=Out Patient
ER=Emergency Room
DATS II ICD9 CDII PL* II
DESCRIPTION
II AMOUNT
07/13/00 784.0
08/24/00
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Balance forward last statement
99213 EST PATIENT EXPANDED
INDN INSURANCE DENIED
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I CURRENT AMOUNT I PAST DUE AMOUNT
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PAYMENT IS DUE WITHIN 10 DAYS
PLEASE PAY II
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Subject to the penalties of 18 Pa, C. SA 4904 relating to unsworn falsification to
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 15th day of February, 2001,
serve a true and correct copy of the Plaintiff's Answers to Defendants Request for the
Production of Documents on all counsel of record by United States mail, first class,
prepaid addressed as follows:
George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
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Attorney for Plaintiff
Attorney 1.0, No, 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
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Plaintiff
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JURY TRIAL DEMANDED
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No. 00-2780 Civil Term
GEORGE RICHARDSON
Defendant
NOTICE OF DEPOSITION
Please be advised that on March 26, 2001, at 10:00 a.m" the Plaintiff will take the
deposition of George Richardson, at the offices of Knauer & Associates, LSC, located at 411-A
East Main Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer
oaths, The oral examination will coiltimie from da'y"to day uritil completed,
Respectfully submitted,
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You are invited to attend and participate in this examination,
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David W. Knauer, Esquire
Attorney for the Plaintiff
Attorney I.D, No, 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717)795-7790
Date: March 2,2001
....
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W, Knauer, hereby certify that I did this 2nd day of March, 2001, serve a true
and correct copy of the Deposition Notice on all counsel of record by United States mail, fIrst
class, prepaid addressed as follows:
George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
~o>>U IJ, (~V
David W, Knauer
Attorney for Plaintiff
Attorney J.D. No. 21582
411- A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No, 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PLAINTIFF BARRY DUVALL'S SUPPLEMENTAL ANSWER TO DEFENDANT
GEORGE RICHARDSON'S INTERROGATORIES
12. While presently working, Plaintiff is unable to do any lifting without pain,
Sitting for long periOdS of time causes pain in Plaintiffs back. Plaintiff is unable
to participate in hobbies, which he participated in preceding the accident. These
hobbies and activities include swimming, hiking, and working on cars. Plaintiff
had an inspection license but is unable to use the license due to his injuries,
Plaintiffs previous answer to this interrogatory was made in September, 1999,
Plaintiff reserves the right to supplement this answer.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: March 7, 2001
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, Nathanael J, Byerly, hereby certifY that I did this 7nth day of March, 2001, serve a true
and correct copy of the Plaintiff Barry Duvall's Supplemental Answer to Defendant George
Richardson's Interrogatories on all counsel of record by United States mail, fIrst class, prepaid
addressed as follows:
George B, Faller, EsquiTe
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PIOI'HOIDI'ARY OF CUMBERLAND COUNI'Y
Please list
the following case:
(~ for JURY trial at
the next tenn of civil court.
(Check one)
for trial without a jury.
CAPTION OF CASE
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(~CiVil Action -
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Appeal from Arbitration
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(The party listing this case for trial shall
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Indicate the attorney who will try,case for the party who files this praecipe:
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Indicate trial counsel for other parties if known:
This case is ready for trial.
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
GEORGE RICHARDSON
Defendant
No. 00-2780 Civil Term
JURY TRIAL DEMANDED
\
ORDER
AND NOW, this l' ~ day of ~
, 2001, upon
consideration of the attached motion, it is hereby ORDERED and DECREED that
a rule to show is issued on the Defendant to show cause why the Plaintiff's
motion to amend his Complaint to include a demand for punitive damages should
not be granted. ~. p~~ --. ~/I/ JodI
Rule returnable witl'lifl says sf 88p:is8.
By the Court,
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v,
GEORGE RICHARDSON
Defendant
No. 00-2780 Civil Term
JURY TRIAL DEMANDED
PLAINTIFF'S MOTION TO AMEND COMPLAINT
1. On January 21, 2000, the Plaintiff was a passenger in a truck driven by
Raymond D. Nicholson. The Defendant, who had a BAL of .20 rammed his
vehicle into Nicholson's, severely injuring the Plaintiff.
2. Pa,R.C.P. No. 1033 under the caption "Amendment" provides
that:
A party whether by filed consent of the adverse party or by
leave of court, may at any time change the form of action,
correct the name of a party or amend his pleading. The
amended pleading may aver transactions or occurrences
which have happened before or after the filing of the origina(
pleading, even though they give rise to a new cause of action or
defense, An amendment may be made to conform the pleading to
the evidence offered or admitted,
3, The Plaintiff in paragraphs 6 through 8 inclusive of the Complaint pled
that the Defendant's conduct in this case constituted reckless conduct. Reckless
conduct is the basis for an award of punitive damages. Consequently, the
Defendant is on notice that the conduct to support an award of punitive damages
has been pled.
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4. The Plaintiff desires to amend his Complaint to make a demand for
punitive damages based on the Defendant's BAL of ,20 that was twice the legal
limit and that made him unfit to operate a motor vehicle.
5. Although the statute of limitations has not yet expired, the Defendant
will not consent to the aforesaid amendment.
6. The above action is listed for the April 30, 2000 Civil Trial Term.
WHEREFORE, the Plaintiff prays that Your Honorable Court will issue a
rule to show cause on the Defendant to show cause why the Plaintiff should not
be permitted to amend his Complaint to include a claim for punitive damages as
aforesaid.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: April 2, 2001
David W. nauer, squire
Attorney for Plaintiff
Attorney 1.0. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 2nd day of April, 2001, serve a
true and correct copy of the Plaintiff's Motion to Amend Complaint on all counsel of
record by United States mail, first class, prepaid addressed as follows:
George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
fJ;2tJ~
David W, Knau r
Attorney for Plaintiff
Attorney I.D, No. 21582
4ll-A East Main Street
Mechanicsburg, P A 17055
(717)795-7790
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F~,FILES\DA T~FILE\Travdoc,cur\684-rep.lImah
Created; 02/13fOl 03:49:13 PM
Revised: OS/21/011O:11:21AM
3090.684
BARRY DUVALL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO, 002780
CIVIL ACTION-LAW
GEORGE RICHARDSON,
Defendant
JURY TRIAL OF TWELVE DEMANDED
DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO
AMEND THE COMPLAINT
TO: BARRY DUVALL, Plaintiff, and his attorney, DAVID W, KNAUER, ESQUIRE
I. Denied as stated. Although it is admitted that Plaintiff was a passenger in a Truck
driven by Raymond Nicholson, Defendant denies the remaining averments and indicates that they
are subject proof at the time of trial
2, Admitted,
3. Admitted that Plaintiffs Complaint includes a conclusory allegation that the
Defendants conduct was reckless, It is denied that reckless conduct may form the basis for an award
of punitive damage. To the contrary punitive damages may only be awarded if conduct is more than
reckless and arises to the level of outrageousness or reckless indifference to the rights of others.
4, Denied as stated. To the contrary Plaintiff is not entitled to Amend his Complaint
at this late date after having attempted to list the case for TriaL
5. Admitted,
6, Denied, The case was stricken from the Trial list by Order of Judge Hoffer.
WHEREFORE, Defendant requests that this Court deny Plaintiffs Motion to Amend its
Complaint to include account for punitive damages,
F WILLIAMS & OTTO
By
George B. Faller, r. Esquire
l.D. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: U1;lOjj ,fll; ,jOO I
Attorneys for Defendant
George Richardson
,
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CERTIFICATE OF SERVICE
I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Defendants Response to Plaintiffs Request for Production of
Documents was served this date by depositing same in the Post Office at Carlisle, P A, first class
mail, postage prepaid, addressed as follows:
David W, Knauer, Esquire
411-A East Main Street
,Mechanicsburg, P A 17055
MARTS ON DEARDORFF WILLIAMS & OTTO
By (IVtJ~h {l. Jm
Melinda A, Hall
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: LJ1{, ,:11/ ,!)()D I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DUVALL'
.
Vs.
NO. 002780
RICHARDSON
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena{s) for documents and things
pursuant to Rule 4009.22 GEORGE B FALLER, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena{s) with a copy of
the subpoena{s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena{s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena{s) is attached to this certificate,
3. No objection to the subpoena{s) has been received, and
4. The subpoena{s) which will be served is identical to
the subpoena{s) which is attached to the Notice of Intent
to Serve the Subpoena{s) .
Date: 5/24/01
GEORGE B FALLER, ESQUIRE
MARTSON DEARDORFF WILLIAMS
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
717-243-3341
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-3653
By: Susan Tyre
File #: R274339
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DUVALL
Vs.
RICHARDSON
No. 002780
TO: DAVID KNAUER
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(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 5/2/01
GEORGE B FALLER, ESQUIRE
MARTSON DEARDORFF WILLIAMS
TEN EAST HIGH STREET
CARLISLE, PA 17013-3093
ATTORNEY FOR DEFENDANT
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INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-3653
By: Susan Tyre
Enc(s): Copy of subpoena(s)
Counsel return card
File #: R274339
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~TH OF. PrnNSYLVANIA
CD.ltfI"Y Of' a..MBERIAND
-----
DUVALL
Va.
File No.
002780
RICHARDSON
SUBPOENA TQPACn..CE OOCl.I'ENTS OR lli I NGS
FOR DI~F!'PI,.flSU4NT TO RllLE 4009.22
CENTER FOR NEUROBEHAVIOR, 2;73 EMBASSY DR STE 366, LANCASTER PA 17603
TO:
(N_ of Person or Entity)
Within twenty (20) days after serVIce of this subpoena, you are ordered by the court to
produce the following cIocunent'l orS~..tll ACHED ADDENDUM
at
MEDICAL LEGAL REPRODUCTIONS(Ag~~st940 DISSTON ST., PHILA... --px--'--~
You may de I iver or mail legible copies of the docunents or produce things requested h,
th i s subpoena, together wi th the cert i f i cate of ccIrc:> 1 i ance, to the party mak i ng th i ,
request at the address listed above. You have the right to seek in advance the reasonablE
cost of preoaring the copies or producing the things sought.
I f you fai 1 to produce the clocunents or things required by this subpoena within t"'lenty
(20) days after its serv~ce, the party serving thit; ~;ubpoena may seek a court orde.'
c.x:r;pe 11 ing you to carp ly with it.. '
lli I S SUBPOENA WAS
NAl'-E :
ADDRESS:
ISSUED AT THE REGllEST OF THE FOLLONING PERSON:
GEORGE B FALLER, ESQ
,',
M~~T~ON nF.~RnORFF WILLIAMS
~LI5LE, FA 17013-3093
215-335-3212
49813
TELF.PHONE:
SU"REI-E CXJURT I D #
ATTORNEY FOR:
DEFENDANT
DATE:-l~~ ~~~I
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ProthOnotary/Cle.- Civi 1 Division
4~ # - [! 7r;h~J
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R274339-01
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ADDENDUM TO SUBPOENA
DL~\'A.:....:.
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No. 002780
RICHARDSON
CUSTODIAN OF RECORDS FOR: CENTER FOR NEUROBEHAVIOR
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: BARRY DUVALL
ADDRESS: 61 E MAIN ST MECHANICSBURG PA
DATE OF BIRTH: 01/13/64
SSAN: 179568683
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
~
RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of'
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
NO DOCUMENTS A VAlLABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
RECORDS
X-RAYS
PATIENT BILLING
RECORDS / XRAYS have been destroyed
Date
Authorized s1gnature for
CENTER FOR NEUROBEHAVIOR
CUMBERLAND
R274339-01
*** SIGN AND RETURN THIS PAGE ***
.
.
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<XJMM)NWEM.TH OF PENlSYLVANIA
<XXJNl'Y OF aJMBERLAND
. DUVALL
VS.
Fi Ie No.
002780
RICHARDSON
SUBPOENA TO PROOUCE OOCl.tENTS OR TH I NGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
ST MICHAELS SCH FOR BOYS, 227 DAMON ST, W PITTSTON PA 18643-1640
TO: ATTN: REGISTRAR'S OFFICE
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunent!; OSEftinA~TACmID ADDENDUM
at
-
MEDlCA~ LEGAL REPRODUCTlONS'(;~~ss~940 DlSSTON ST., PElLA., PA
You may del iveror mai I legible copies of the docunents or produce things requested b\
this subpoena, together with the certificate of carpliance, to the party making thi,
request at the address listed above. You have the right to seek in advance the reasonablE
cost of preoaring the copies or producing the things sought.
1 f you fai I to produce the docunents or things required by this subpoena within twenty
(20) days after its serv~ce. the party serving thi:; f;ubpoena may seek a court orde.'
c:arpelling you to corrply with it. " '.
TH I S SUBPOENA WAS
NA/'E :
AOORESS :
ISSUED AT THE REQUEST OF THE FOLLONING PERSON:
~.,
GEORGE B FALLER, ESQ
~~TS~T DEn~nnRFF WILLIAMS
TELEPHONE:
SUPREI'E <XlURT 10 #
ATTORNEY FOR:
CAKLISLE, ~A 17013-3093
215-335-3212
49813
DEFENDANT
R274339-02
DATE:,~" ~'l 'Jrb(
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(Eff. 1/97)
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ADDENDUM TO SUBPOENA
DUVALL
Vs.
No. 002780
RICHARDSON
CUSTODIAN OF RECORDS FOR: ST MICHAELS SCH FOR BOYS
ANY AND ALL SCHOLASTIC RECORDS, REPORTS, GRADES, ATTENDANCE, AND ANY
OTHER INFORMATION PERTAINING TO:
NAME: BARRY DUVALL
ADDRESS: 61 E MAIN ST MECHANICSBURG PA
DATE OF BIRTH: 01/13/64
SSAN: 179568683
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
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RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
RECORDS
X-RAYS
PATIENT BILLING
RECORDS / XRAYS have been destroyed
Authorized signature for
ST MICHAELS SCH FOR BOYS
Date
CUMBERLAND
R274339-02
* * * SIGN AND RETURN THIS PAGE * * *
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~TH OF PENNSYLVANIA
axJNI'Y OF aJMBERIAND
. DUVALL
VS.
Fi Ie No.
002780
RICHARDSON
SUBPOENA TO PR<lOlX:E DOCl..t1ENTS OR TH I NGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
AMERICAN ALUMINUM & INSUL, 150 FULLING MILL RD, MIDDLETOWN PA 17057-291
TO: ATTN: PERSONNEL DEPT
(Na-ne of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunentO'l orStftrgAl'TACHED ADDENDUM
at
MEDICAL LEGAL REPRODUCTIONS(AJJi~sf940 DISSTON ST., PElLA., PA
You may deliver or mai 1 legible copies of the docunents or produce things requested hI
this subpoena, together with the certificate of'Carpliance. to the party making thi:
request at the address 1 isted above. You have the right to seek in advance the reasonab IE
cost of preoaring the copies or producing the things sought.
I f you fail to produce the docunents or things required by this subpoena within t",enty
(20) days after its serv~~, the party serving thhsubpoena may seek a court orde.'
ccrrpelling you to carply with, it. '
TH I S SUBPOENA WAS
NA/'E :
ADDRESS :
ISSUED AT THE REQUEST OF THE FOl.LOI'/ING PERSON:
,
GEORGE B FALLER, ESQ
M~R~~nN nF.~~nORFF WILLIAMS
TELEPH:lNE:
SU'REI'E CXlURT I D #
ATTORNEY FOR:
CkRLI5LE, PA 17013-3093
215-335-3212
49813
DEFENDANT
DATE: _ 41JrMt Z. ~ i'Y'>/
, s2t7the' rt
R274339-03
(Eff. 1/97)
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ADDENDUM TO SUBPOENA
DUVALL
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Vs.
No. 002780
RICHARDSON
CUSTODIAN OF RECORDS FOR: AMERICA' Al.lMINUM & INSUL
ANY EMPLOYMENT APPLICATIONS, EARN1N]S, LEDGER SHEETS, TIME CARDS
REVIEWS, ATTENDANCE SHEETS, ANY AN: ALL MEDICAL RECORDS AND REPORTS
AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY
W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO:
NAME: BARRY DUVALL
ADDRESS: 61 E MAIN ST MECHANICSBURG PA
DATE OF BIRTH: 01/13/64
SSAN: 179568683
CERTIFIED PHOTOCOPllES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of' ,.
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX) :
RECORDS
PATIENT BILLING
X-RAYS
RECORDS / XRAYS have been destroyed
Authorized s~gnature for
AMERICAN ALUMINUM & INSUL
Date
CUMBERLAND
R274339-03
*** SIGN AND RETURN THIS PAGE ***
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CIVIL ACTION - LAW
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
Plaintiff
v.
No. 00-2780.Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
NOTICE OF DEPOSITION
Please be advised that on August 7, 2001, at 2:00 p.m., the Plaintiffwill take the deposition
of George Richardson, at the offices of Knauer & Associates, LSC, located at 411-A East Main
Street, Mechanicsburg, Pennsylvania, before a person authorized by law to administer oaths. The
oral examination will continue from day to day until completed.
You are invited to attend and participate in this examination.
Respectfully submitted,
KNAUER & ASSOCIATES, LSC
Date: July 6, 2001
David W. a er, Esquire
Attorney for the Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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Plaintiff
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GEORGE RICHARDSON
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CERTIFICATE OF SERVICE
I, David W, Knauer, hereby certify that I did this 6th day of July, 2001, serve a true and
correct copy of the Deposition Notice on all counsel of recoTd by United States mail, first class,
prepaid addressed as follows:
George B, Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, P A 17013
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Attorney for Plaintiff
Attorney I.D. No, 21582
411-A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
GEORGE RICHARDSON
Defendant
No. 00-2780 Civil Term
JURY TRIAL DEMANDED
ORDER
IN'
AND NOW, this }lI day of September 2001, upon consideration of the
attached motion it is hereby ORDERED and DECREED that the Plaintiff may
amend his Complaint filed in the above matter to include a claim for punitive
damages as well as a claim for compensatory damages.
By the Court,
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PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v,
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
MOTION TO AMEND COMPLAINT
1, The Plaintiff desires to amend his Complaint to include a claim for punitive
damages.
2. The Defendant has stipulated that the Plaintiff may amend his Complaint to
include a claim for punitive damages. The Plaintiff marks as Exhibit "A" and attaches
hereto the executed Stipulation.
WHEREFORE, the Plaintiff prays that Your Honorable Court will enter an Order
permitting the Plaintiff to amend his Complaint to include a claim for punitive damages.
Respectfully submitted,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v,
No, 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
STIPULATION
WHEREAS, the Plaintiff wishes to amend the Complaint filed in this action to include a
claim for punitive damages and,
WHEREAS the Defendant has agreed to permit the Plaintiff to amend his Complaint to
include a claim for punitive damages,
IT IS HEREBY AGREED BY AND BETWEEN the Plaintiff by his counsel David W,
Knauer, Esquire and the Defendant by his counsel George B. Faller, Esquire that the Plaintiff may
amend his Complaint to include a claim for punitive damages,
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EXHIBIT
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PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 4th day of September, 2001, serve a true
and correct copy of the Plaintiff s Motion to Amend Complaint on all counsel of record by
United States mail, first class, prepaid addressed as follows:
George B, Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, P A 17013
avid W, Knauer
Attorney for Plaintiff
Attorney I.D, No. 21582
4ll-A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONJTARY OF CUMBERIJ\ND COUNTY
Please list the following case:
(Check one)
(X) for JURY trial at the next tenn of civil court.
for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
Barry Duvall
(check one)
ex Civil Action - Law
Appeal from Arbitration
(other)
( Plaintiff)
vs.
George Richardson .
The trial list will be called on
and 12-31-01
Trials conrnence on 01-28-02
(Defendant)
Pretrials will be held on 01-09-02
(Briefs are due 5 days before pretrials. )
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 00-2780 Civil Action Law -1-9-
Indicate the attorney who will try case for the party who files this praecipe:
David W. Knauer, Esquire, 411A E Main st., Mechanicsburg, PA 17055
Indicate trial counsel for other parties if known:
George B. Faller, Esquire, Ten East High St., Carlisle, PA 17013
This case is ready for trial.
Si_Qilij))J~
Date: OJJA J- ~ ~ 0 (
Print Name: David W. Knauer, Esq.
Attorney for: Pl,,; nt-; ff
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PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v,
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W, Knauer, hereby certify that I did this 23rd day of October, 2001, serve a true
and correct copy of the Praecipe For Listing Case For Trial on all counsel of record by United
States mail, first class, prepaid addressed as follows:
George B. Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
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David W, Knauer
Attorney for Plaintiff
Attorney J.D. No, 21582
4ll-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v,
No, 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S INTERROGATORIES (SECOND SET) DIRECTED TO THE
DEFENDANT GEORGE RICHARDSON
To: George B. Faller, Esquire in care of George Richardson
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, P A 17013
PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules
of Civil Procedure No, 4005, to serve upon the undersigned, within thirty (30) days after service
of this Notice, your answers in writing under oath to the following Interrogatories.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: November 14, 2001
avid W. Knau, quire
Attorney for Plaintiff
Attorney I.D, No, 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
DEFINITIONS AND INSTRUCTIONS
(A) Whenever the term "document" is used herein, it includes (whether or not
specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however
produced or reproduced and however formal or informal.
(B) Whenever you are asked to "identify" a document, the following information
should be given as to each document of which you are aware, whether or not you have
possession, custody or control thereof:
(I) The nature of the document (e,g" letter, memorandum, computer
print-out, minutes, resolution, tape recordings, etc.);
(2) Its date (or if it bears no date, the date when it was prepared);
(3) The name, address, employer and position of the signer(s) (or if there is no
signer, of the person who prepared it);
(4) The name, address, employer and position of the person, if any, to whom
the document was sent;
(5) If you have possession, custody or control of the document, the location
and designation of the place or file in which it is contained;
(6) If you do not have possession, custody or control of the document, the
present location thereof and the name and address of the organization
having possession, custody or control thereof; and
(7) A brief statement of the subject matter of such document.
(C) Whenever you are asked to "identify" an oral communication the following
information should be given as to each oral communication of which you are aware, whether or
not you or others were present or participated therein:
(I) The means of communication (e,g., telephone, personal conversation,
etc.);
(2) Where it took place;
(3) Its date;
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(4) The names, addresses, employers and positions
(a) of all persons who participated in the communication; and
(b) of all other persons who were present during or who overheard that
communication;
(5) The substance of who said what to whom and the order in which it was
said; and
(6) Whether that communication or any part thereof is recorded, described or
referred to in any document (however informal) and, if so, an
identification of such document in the manner indicated above,
(D) If you claim that the subject mater ofa document or oral communication is
privileged, you need not set forth the brief statement of the subject matter of the document, or
the substance of the oral communication called for above. You shall, however, otherwise
"identify" such document or oral communication and shall state each ground on which you claim
that such document or oral communication is privileged.
(E) Whenever you are asked to "identify" a person, the following information should
be given:
(1) The name, present address, present employer, and position of the person;
and
(2) Whether the person has given testimony by way of deposition or
otherwise in any proceeding related to the present proceeding and! or
whether that person has given a statement whether oral, written or
otherwise, and if so, the title and nature of any such proceeding, the date
of the testimony, whether you have a copy of the transcript thereof, the
name of the person to whom the statement was given, where the statement
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is presently located if written or otherwise transcribed, and the present
location of such transcript or statement if not in your possession,
(F) The term "you" shall be deemed to mean and refer to the party to whom these
Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall
not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators and
any other agents insofar as the material requested herein is not privileged,
(G) The word "incident" shall be deemed to mean and refer to the incident as alleged
to have occurred and as set forth in the Complaint.
These Interrogatories shall be deemed to be continuing Interrogatories, Between the time
of your answers to said Interrogatories and the time of trial, if you or anyone acting in your
behalflearns the identity or whereabouts of other witnesses not disclosed in your answers, or if
you obtain or learn of additional information requested herein, but not supplied in your answers,
then you shall promptly furnish a supplemental answer under oath containing the same,
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INTERROGATORIES
1. With respect to each of the past five (5) years, state:
(a) Your yearly gross income,
(b) Your yearly net income.
(c) The name and address of the person, firm or corporation having custody of any
papers pertaining to your income.
(d) Attach copies of your income tax records for the preceding five (5) years,
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2. List by name of company, type of policy and dollar amount of coverage any insurance
contracts you own.
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3. Attach copies of the policies listed in the preceding interrogatory.
4. List by address and name, any bank, savings and loan association, credit union or
other fmancial institution by type of account and account number any savings, checking,
certificate of deposit or any other type of instrument held in or through one or more of those
types of institutions,
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5. List any type of retirement account or program including but not limited to IRAs,
SEP IRAs, 40lKs or any other type of retirement account whether funded solely by you or your
employer or a combination of funding by you and your employer,
6. Do own whether in your name or in the name of a brokerage any stocks, bonds or
other financial instruments.
a.) if the answer is yes, then list by name each stock, bond or fmancial
instrument.
b.) ifthe answer to the question and the question in subparagraph (a.) ofthis
interrogatory is in the affirmative, identify the holder of the securities including
brokerages, other type of financial institution and any trust or trustee that holds
those stocks, bonds and fmancial instruments.
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7. Do you own or hold any real estate whether solely or jointly with any other
person?
a.) ifthe answer to the question was in the affirmative, list the property owned by
municipality, county and state, the physical address of the property and the deed book
and page number of the property,
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8. List any other type of property whether personal property or real estate in
which you have any ownership or beneficial interest.
Cfl;/Ja~
David W. Knauer
Attorney for Plaintiff
Attorney l.D, No. 21582
411- A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
Date: November 14, 2001
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No, 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W, Knauer, hereby certify that I did this 14th day of November, 2001, serve a
true and correct copy of the within document on all counsel ofrecord by United States mail, first
class, prepaid addressed as follows:
Date: November 14, 2001
0cun;~ tJ &~
David W.Knauer
Attorney for Plaintiff
Attorney I.D, No, 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No, 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S REQUEST FOR PRODUCTION
OF DOCUMENTS UNDER P A. R.C.P. NO. 4009
SECOND SET
TO: George B. Faller, Esquire
Martson DeardorffWiIIiams & Otto
Ten East High Street
Carlisle, P A 17013
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
photocopied, photograph negatives will be processed and photographs reproduced. Said
documents or tangible things are to be produced at the offices of David W. Knauer, Esquire,
4ll-A E, Main Street, Mechanicsburg, PA 17055 within thirty (30) days of the date of service
hereof and supplemented thereafter in accordance with Pa. R.C,P. 4007.4:
1. The Plaintiff marks as Exhibit "A", attaches hereto and incorporates herein by
reference thereto a true and correct copy of the Plaintiffs Interrogatories (Second Set) Directed
to the Defendant George Richardson.
2. For any documents identified in the Plaintiff's Interrogatories (Second Set) Directed
to the Defendant George Richardson please provide those aforesaid documents and in the event
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that since the last time that you responded to the Plaintiff s first set of requests for production of
documents you have received any documents subject to production of documents please provide
those documents as well.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.c.
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Date: November 14,2001
Attorney for Plaintiff
Attorney I.D, No. 21582
411- A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CML ACTION - LAW
Plaintiff
v,
No, 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 14th day of November, 2001, serve a
true and correct copy of the within document on all counsel of record by United States mail, first
class, prepaid addressed as follows:
Date: November 14, 2001
Q~;lJKna~' (~",'1I
Attorney for Plaintiff
Attorney I.D, No, 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717)795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v,
No, 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PRAECIPE TO FILE DEFENDANT'S DEPOSITION
TO THE PROTHONOTARY:
File the original deposition of the Defendant George Richardson taken August 7,
200 I.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.c.
Date: November 20,2001
David W, auer, quire
Attorney for Plaintiff
Attorney J.D. No, 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v,
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
I, David W. Knauer, hereby certify that I did this 20th day of November, 2001, serve a
true and correct copy of the Praecipe To File Defendant's Deposition on all counsel of record by
United States mail, first class, prepaid addressed as follows:
George B, Faller, Esquire
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
9d11()i~
David W, Kn~uer
Attorney for Plaintiff
Attorney I.D. No. 21582
411-A East Main Street
Mechanicsburg, P A 17055
(717) 795-7790
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RECEIVED AUG 15 2001
OR I 6,INAL
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BARRY DUVALL,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V
CIVIL ACTION - LAW
NO, 00-2780 CIVIL TERM
GEORGE RICHARDSON,
DEFENDANT
JURY TRIAL DEMANDED
DEPOSITION OF:
GEORGE RICHARDSON
TAKEN BY:
PLAINTIFF
BEFORE:
DIANE F. FOLTZ, RMR
NOTARY PUBLIC
DATE:
AUGUST 7, 2001, 2:20 P.M.
C'
PLACE:
KNAUER & ASSOCIATES, L.S.C.
411-A EAST MAIN STREET
MECHANICSBURG, PENNSYLVANIA
FOR - PLAINTIFF
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APPEARANCES:
KNAUER & ASSOCIATES, L.S.C.
BY: DAVID W. KNAUER, ESQUIRE
MARTSON, DEARDORFF, WILLIAMS & OTTO
BY: GEORGE B. FALLER, JR., ESQUIRE
FOR - DEFENDANT
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Foltz
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2080 Linglestown Road · Suite 103 · Harrisburg, PA 17110
717.540,0220 · fax 717.540.0221 · Lancaster 717.393.5101
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WITNESSES
2
NAME
EXAMINATION
3 GEORGE RICHARDSON
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BY: MR. KNAUER
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STIPULATION
2
It is hereby stipulated by and between counsel
3 for the respective parties that reading, signing, sealing,
4 certification and filing are hereby waived; and that all
5 objections except as to the form of the question are
6 reserved to the time of trial.
7
8
GEORGE RICHARDSON, called as a witness, being
9 duly sworn, testified as follows:
10 EXAMINATION
11 BY MR. KNAUER:
12
Q
Mr. Richardson, I'm attorney David Knauer, and I
13
represent the Plaintiff, Barry Duvall, in this case where
14 you are the Defendant. I'm going to be asking you some
15 questions. If you answer the questions, I will assume that
16 you have both heard and understood the questions, so that
17 if you don't understand the question, ask me to repeat it,
18 or if you don't hear it, ask me to repeat it.
19
A
Okay.
20
Q
Also you have Mr. Faller here who is with you as
21 your counsel. If you feel that at any point in time that
22 you need to speak with him or you need to take a break, let
23 us know, and we'll be happy to do that. Also, because the
24 court reporter is taking down the statement, a verbal
25
statement, please make all of your answers verbal instead
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of a nod of the head or a shrug of the shoulders so that
she can get it down accurately.
Now, on Friday evening, January 21, 2000, was
your address 83 Mountain Road, Mt. Holly Springs,
Pennsylvania?
A Yes, it was.
Q And how long had you lived there?
A Eleven years.
Q Can you speak up a little bit? I'm not sure
whether
A Eleven years.
Q And where do you work?
A The Patriot-News.
Q And what position did you hold at The
Patriot-News at that time?
A District sales manager.
Q And are you still employed by them?
A Yes, sir.
Q The same function?
A Yes.
Q And were you the owner and the operator of a 1995
Isuzu Rodeo?
A Yes, I was,
Q And were you the driver of that vehicle on
Interstate 81 when' you collided with the rear end of the
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vehicle in which Mr. Duvall was a passenger?
A Yes.
Q What shift did you work that day?
A I went in at 2 o'clock in the morning, 2
o'clock Friday morning, and got off 11 o'clock in the
morning.
Q And after 11 o'clock in the morning that day what
did you do?
A I was preparing to go down to Penn National
Racetrack, gassed up, went home, got a shower, and got a
racing form, and basically took a nap but nothing else.
Q And did you, in fact, leave to go to Penn
National Racing Track?
A Yes, I did,
Q And do you bet at the track?
A No.
Q What do you go there for then?
A The WTPA radio station was giving away $10,000
that night, and you had to be present to win.
Q All right,
A And it was as good a chance as any.
Q And when did you start consuming alcohol?
A probably five o'clock.
Q And where did you start consuming it?
A At home.
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Q And how much did you drink at home?
A I'm not sure.
Q And what were you drinking at home?
A Budweiser.
Q Did you have any drink besides beer that evening?
A Not until I got to the racetrack.
Q And about what time did you leave home for the
racetrack?
A Probably 6, 7 o'clock. I was supposed to meet
some friends. They never showed up, so I went by myself.
Q And before you left home, had you consumed more
than one bottle or can of Budweiser?
A I drank about a six pack.
Q All right. And when you got to the racetrack,
what time did you get there?
A I don't remember.
Q Do you remember about what time you left the
racetrack?
A Well, they cancelled the races, but they still
had the drawing I think at 10 o'clock, so it would have
been 10, 11 o'clock.
Q And were you drinking at the track?
A I had a few mixed drinks.
Q And what were you drinking?
A I don't remember.
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0 1 Q Can you tell me how many a few mixed drinks
2 were?
3 A I'd say two or three.
4 Q Now, approximately what time of the evening would
5 you have had those?
6 A Nine 0' clock.
7 Q Until about what time?
8 A Until 10:00.
9 Q Were you with anybody that you know at the track?
10 A No.
11 Q Is there one bar at the track, or are there many
12 bars?
0 13 A I don't know. I don't know.
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14 Q Okay. Do you remember the name of the bar you
15 were drinking at?
16 A No.
17 Q Were you in the stands drinking it or --
18 A I was in the walkway. It was a cold night, very
19 cold. In fact, they cancelled the races.
20 Q And where would you go from the walkway to get
21 toe drink?
22 A It was on the concourse.
23 Q I may have asked this, but do you remember the
24 name of the bar?
() 25 A No, sir.
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And what time did you leave the track?
A
I don't know for sure. There was traffic.
Q
But by about 11:30 you were on the other side of
4 the Susquehanna, the west side?
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7 drive?
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10 drive?
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17 you
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Yes.
Q
Did you feel you had taken too many drinks to
A
I don't remember what I felt.
Q
Do you know whether you took too many drinks to
A
Well, obviously I did if my blood alcohol was .2.
Q
Have you ever been drunk before?
A
Yes, sir.
Q
Do you know how you behave when you're drunk?
A
No, sir.
Q
Do you ever -- do you get more talkative? Do
A
Probably. Most people do.
Q
Do you have problems coordinating your vision and
20 your time and distance?
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A
No, sir.
Q
Do you get nasty when you're drunk?
A
No.
Q
How frequently between 1999, between January 21
of 1999 and January 21 of 2000 were you drunk in that
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MR. FALLER: Object to the form.
MR. KNAUER: Okay.
MR. FALLER: You mean where he felt he was too
5 drunk that he shouldn't have driven?
6 BY MR. KNAUER:
Q
First I'll ask about the drinking, and then I'll
8 get to the question about driving.
A
I have no idea.
Q
How frequently do you drink?
A
Maybe twice a week, once a week, twice a week.
Q
And what do you drink?
A
Beer.
Q
Do you go to bars for it?
A
Yes.
Q
Had you gone to any bar on the 21st?
A
No, sir.
Q
Do you know when you have had too much to drink
19 and cannot drive or should not drive?
A
A good idea.
Q
Would somebody looking at you or hearing you
22 talk, would they have known whether you had drank -- you
23 had consumed too much alcohol?
A
I can't answer that. I don't know.
Q
Do you slur your words when you --
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A I don't know.
Q Have you had anybody tell you you slur your words
when you are drunk?
A No.
Q Do you lose your balance when you're drinking?
A No.
Q Do you remember how many bartenders were at the
bar that night?
A No, I don't.
Q Do you remember whether you bought the alcohol
from the same bartender every time?
A I don't know that either.
Q Did you talk to -- would you tell me what
happened immediately or prior -- between the racetrack and
the split between 81 going to Carlisle and 83 going to
York, did you notice whether you were having difficulty
driving?
A I didn't seem to have any trouble, no. I was
moving with the flow of the traffic.
Q And were you driving erratically at all; do you
know?
A No. There was three lanes. I was in the middle
lane following a tractor trailer.
Q How about between the turnoff and the east side
of the Susquehanna?
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I don't know.
Q How far were you from the western bank of the
Susquehanna River when you ran into the vehicle Mr. Duvall
was riding in?
A It was Wertzville Road, about five miles.
Q What happened?
A I was traveling in the middle lane behind a
tractor trailer, I went to pass the tractor trailer, and
the vehicle Mr. Duvall was riding in was going way under
the speed limit, and I hit him.
Q What lane of travel did you attempt to pass in,
the right or the left?
A On the left.
Q And was there anything to stop you from seeing
the vehicle?
A Not that -- no, it was just going that slow, and
I was going with the flow of traffic, pulled out from
behind a tractor trailer, and boom, there he was, just like
they were going 35, 40 miles an hour.
Q Okay. Did you talk to the driver of that vehicle
after the accident?
A I asked if they were all right, and they
responded yes.
Q Did you talk --
A In fact, they were out of the vehicle. I asked
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them to help me get my vehicle off the road, and they
wouldn't do that, of course, but I could see why.
Q Did you strike another vehicle?
A Another vehicle struck me,
Q And where was that vehicle coming from?
A It hit my vehicle after mine hit their vehicle.
Q Did you talk to the driver of that vehicle?
A No.
Q Did Mr. Duvall have his glasses on or did he have
them off when you talked to him?
A He was out of the vehicle walking around the
vehicle.
Q Did he have glasses on or not?
A I don't remember.
Q Where were -- were you injured in the accident?
A No.
Q Where did they take you for the blood alcohol?
A The Processing Center. I don't know if it's
Lower Allen or Lemoyne. I don't know.
Q And did you give them a sample of blood?
A Yes.
Q And your blood alcohol reading was .20?
A They didn't take a blood sample. They took a
Breathalyzer.
Q And your level was .20?
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A
That's what they said, yes.
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Do you have any reason to doubt that?
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No, not really.
4
Q
Since the accident have you driven when you have
5 been drinking?
6 A No, sir.
7 Q Now, you said you talked to them when they got
8 out. Did you talk to Mr. Duvall specifically?
9 A I asked, I yelled down to see if they were all
10 right. Their vehicle was in the median strip quite a few
11 piece quite a few yards away from my vehicle which was
12 still on the highway. They were down in the middle of the
median strip. I ran down to see if they were all right.
Q
Did you talk to both of them or just one of
15 them?
16
A
They said they were fine. They were out of the
17 vehicle, so I went back to my vehicle to see if I could get
18 it off the road before what happened happened.
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Who said they were fine?
Q
A
Both of them together. I didn't know who was
21 who.
22
Q
Okay. Was this your first driving under the
23 influence charge?
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A
No, sir.
Q
How many other times have you had --
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A I had one.
Q When was that?
A 1973, I was 19 years old.
Q Are you an alcoholic?
A No, sir.
Q Have you ever attended Alcoholics Anonymous?
A No, sir.
Q What did you have to do -- I'm assuming you pled
guilty?
A Yes.
Q And what did they have you do? What was the
sentence?
A They gave me a drug and alcohol evaluation, and I
didn't have to attend anymore classes.
Q Okay. And do you have a copy of that?
A I probably do at home, yes.
Q Would you give a copy to Mr. Faller?
A Sure.
MR. KNAUER: George, if you would give me a copy
when you get it, please.
MR, FALLER: 1'11 talk to him about the privilege
and the statutes that protect it and make that decision.
MR. KNAUER: Whatever, you know, you'll let me
know either way what you want to do?
MR. FALLER: Yeah,
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BY MR. KNAUER:
Q How old are you now?
A 47.
Q Are you married?
A No, sir.
Q
A
Q
A
Q
A
Do you own your own home?
No, sir.
Are you divorced?
Yes.
When were you divorced?
1980, '79 or '80. It's been awhile ago, 20
years.
Q
Are you living with anybody?
A Yes.
Q Do you claim a common-law husband and wife
relationship?
A No.
Q What rate of speed were you traveling at? How
fast were you going?
A I was traveling with the flow of traffic which
would have been 65, 70 miles an hour.
Q When did you last look at the speedometer before
you struck the vehicle that Mr. Duvall was riding in?
A
Q
I'm not sure.
After the driving under the influence charge at
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19, why did you ever get behind the wheel when you had been
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drinking?
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I'm not sure.
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Q
So at the time of the accident you were aware
5 that if you were drunk you could cause an accident?
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A
I guess there's always a possibility. I didn't
7 plan on having no accident, no, if that's what you're
8 asking me.
9
Q
No, I wasn't saying did you plan it, but were you
10 aware when you drink and get behind the wheel you could
11 cause an accident and injure or kill a person?
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A
There's always that possibility.
Q
Were you aware of that before you got in the car
14 that evening?
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A
I didn't really consider that, no.
Q
But you were aware there was a potential?
A
No, I don't know. I don't know. I don't
18 remember what I was thinking that night,
19
Q
Were you aware at any time before the accident
20 that if you were driving under the influence of alcohol
21 that you could cause an accident that could injure or kill
22 some people?
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A
Yes, sure, you have to be aware of that.
Q
Then why did you drive that way under the
influence?
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A I didn't think I was that bad.
MR. KNAUER: No further questions.
MR. FALLER: Thanks.
(Discussion held off the record. )
BY MR. KNAUER:
Q Is there anything you know about the accident,
either before or after the accident that you haven't told
us here today?
A Like what? I don't know.
Q Pardon?
A Like what? I'm not sure.
Q Anything.
A No.
Q
A
And were you at the track with anybody else?
No, I wasn't.
MR. KNAUER: No further questions. Thank you.
(The deposition was concluded at 2:36 p.m.)
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1
COUNTY OF DAUPHIN
2
: SS
3 COMMONWEALTH OF PENNSYLVAN1A :
4 I, Diane F. Foltz, a Notary Public, authorized to
5 administer oaths within and for the Commonwealth of
6 Pennsylvania, do hereby certify that the foregoing is the
7 testimony of George Richardson.
8 I further certify that before the taking of said
9 deposition, the witness was duly sworn; that the questions
10 and answers were taken down stenographically by the said
11 Reporter-Notary Public, and afterwards reduced to
12 typewriting under the direction of the said Reporter,
13
I further certify the said deposition was taken at
14 the time and place specified in the caption sheet hereof.
15 I further certify I am not a relative or employee or
16 attorney or counsel to any of the parties, or a relative or
17 employee of such attorney or counsel, or financially
18 interested directly or indirectly in this action.
19 I further certify that the said deposition
20 constitutes a true record of the testimony given by the
21 said witness.
22 IN WITNESS WHEREOF, I have hereunto set my hand
23 this 13th day of August, 2001.
24
25
Notarial Seal
Diane F. Foltz, Notary Public
Harrisburg, Dauphin County
My Commission Expires Mar, 19, 2003
a~
Notary Public
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GEORGE RICHARDSON
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12:15 13:4 16:4 blood [S) 8:11 12:17 DEARDORFF [I] 1:20
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bought [1) 10:10 1:7
action [21 1:4 18:18 deposition [51 1:8
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afterwards [I] 18:11 Budweiser [2] 6:4 Diane [3] 1:10 18:4
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10:00[1] 7:8 12:22 14:13 16:20 cancelled [21 6:19 directly [1] 18:18
II [3] 5:5 5:7 alcoholic [11 14:4 7:19 Discussion [1] 17:4
6:21 Alcoholics [11 14:6 cannot [11 9:19 distance [1] 8:20
II:30[1] 8:3 Allen [1] 12:19 caption [1] 18:14 District [1] 4:16
I3th[l] 18:23 always [2] 16:6 16:12 car [I) 16:13 divorced [2] 15:8
19(2) 14:3 16:1 Anonymous [1] 14:6 Carlisle [1) 10:15 15:10
1973[1] 14:3 anSWCT[2] 3:15 9:24 case [1] 3:13 doubt [1] 13:2
1980[1] 15:11 answers [2] 3:25 Center[l] 12:18 down [7] 3:24 4:2
1995[1] 4:21 18:10 certification [1] 3:4 5:9 13:9 13:12
1999[2] 8:24 8:25 APPEARANCES [1] certify [~ 18:6 18:8 13:13 18:10
1:16 18:13 18:15 18:19 !drank [2) 6:13 9:22
, .
-2- ASSOCIATES [2] 1:13 chance [1] 5:21 !,drawmg[l] 6:20
2(2) 5:4 5:4 1:17 chuge [2] 13:23 15:25 . drink [7] 6:1 6:5
20[1] assume [1] 3:15 CIVIL [2] 1:4 1:5 7:21 9:10 9:12
15:11 9:18 16:10
2000 [2] 4:3 8:25 assuming [1] 14:8 claim [1] 15:15 ;drinking [9]
attempt [1] 11: 11 classes [1] 14:14 6:3
2001 [2] 1:12 18:23 6:22 6:24 7:15
21 [3] 4:3 8:24 attend [1] 14:14 cold [2] 7:18 7:19 7:17 9:7 10:5
8:25 attended(l] 14:6 coIIided[11 4:25 13:5 16:2
2Ist[1] 9:16 attorney [3] 3:]2 coming [1] 12:5 drinks [4] 6:23 7:1
2:20[1] 1:12 18:16 18:17 COMMON [1] 1:1 8:6 8:9
2:36[1] 17:17 August [2] 1:12 18:23 common-law [1] 15:15 drive [S) 8:7 8:10
authorized [1] 18:4 Commonwealth[2] 18:3 9:19 9:19 16:24
-3- aware [0] 16:4 ]6:10 18:5 driven [2] 9:5 13:4
16:13 16:16 16:19 concluded [1] 17:17 driver [3] 4:24 11:20
3[1] 2:4 16:23 12:7
35(1) 11:19 away [2] 5:18 13:11 concourse [I] 7:22 driving [0] 9:8 10:17
awhile [1] 15:11 consider [1] 16:15 10:20 13:22 15:25
-4- constitutes [1] 18:20 16:20
-B- consumed [2] 6:11 drug [1] 14:13
40[1] 11:19 9:23 drunk. [7] 8:12 8:14
4II-A[1] 1:14 B[l] 1:21 consuming [2] 5:22 8:22 8:25 9:5
47[1] 15:3 bad [1] 17:1 5:24 10:3 16:5
balance [1] 10:5 coordinating [1] 8:19 duly [2] 3:9 18:9
-6- bank [1] 11:2 copy [3] 14:15 14:17 Duvallco] 1:1 3:13
6[1] 6:9 bareS) 7:11 7:14 14:19 5:1 11:3 11:9
7:24 9:16 10:8 counselc4] 3:2 12:9 13:8 15:23
65[1] 15:21 Bany[2] 1:1 3:13 3:21 18:16 18:17
bars [2] 7:12 9:14 COUNTY [2] ]:2 -E-
-7-
bartender [1] 10:11 18:1 east [2] 1:14 10:24
7[2] 1:12 6:9 bartenders [1] 10:7 course [1] 12:2 either [3] 10:12 14:24
70[1] 15:21 beer [2] 6:5 9:13 court [2] 1:1 3:24 17:7
Eleven[2] 4:8 4:11
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HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
Index Page 1
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employee [2] 18:15 -H- LAW [II 1:4 -0-
18:17 hand[ll 18:22 leave [3] 5:12 6:7 o'clock ['] 5:4 5:5
end [I] 4:25 happy [II 3:23 8:1 5:5 5:7 5:23
erratically [II 10:20 head [I] 4:1 left [4] 6:11 6:17 6:9 6:20 6:21
ESQillRE [2] 1:18 11:12 11:13 7:6
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evaluation [I] 14:13 heard [I] 3:16 level [I] 12:25 Object[11 9:2
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few [4] 6:23 7:1 1:15 Pardon [II 17:10
13:10 13:11 -1- median[2] 13:10 13:13 parties [2] 3:3 18:]6
filing [I] 3:4 idea [21 9:9 9:20 meet [I] 6:9 pass [2] 11:8 11:11
financially [II 18:17 intmediately [I] 10:14 middle [3] 10:22 11:7 passenger [I] 5:1
fine [2] 13:16 13:19 indirectly [I] 18:18 13:12 Patriot-News [2] 4:13
first [2] 9:7 13:22 influence [4] 13:23 miles [3] 11:5 11:19 4:15
five [2] 5:23 11:5 15:25 16:20 16:25 15:21 Penn [2] 5:9 5:12
flow [3] 10:19 11:17 injure [2] 16:11 16:21 mine [II 12:6 Pennsylvania IS] 1:2
15:20 injured [I] 12:15 mixed [2] 6:23 7:1 1:15 4:5 18:3
following [I] 10:23 instead [I] 3:25 morning [4] 5:4 18:6
follows [I] 3:9 interested [I] 18:18 5:5 5:6 5:7 people [2] 8:18 16:22
Foltz [3] 1:10 18:4 Ioterstate [I] 4:25 Most [I] 8:18 person [I] ]6:11
]8:25 IsUZU[I] 4:22 Mountain [I] 4:4 piece [I] 13:11
foregoing [I] ]8:6 moving [I] 10:19 place [2] 1:13 18:14
form [3] 3:5 5:11 -1- Mt[l] 4:4 Plaintiff [4] 1:2
9:2 1:9 1:19 3:13
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9:10 8:24 8:25 PLEAS [I]!:I
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7:24
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nap [I] 5:11
function [I] 4:19 position [II 4:14
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National [2] 5:9 possibility [2] 16:6
-'G- kill [2] ]6:11 16:21 5:13 16:12
gassed [I] 5:10 Knauer [14] 1:13 need [2] 3:22 3:22 potential [II 16:16
George [1] 1:6 1:8 1:17 1:18 2:4 6:10 preparing [I] 5:9
3:11 3:12 9:3 never [I]
1:21 2:3 3:8 9:6 14:19 14:23 night [4] 5:19 7:18 present [I] 5:19
14:19 18:7 15:1 17:2 17:5 10:8 16:18 privilege [I] 14:21
given [I] 18:20 17:16 Nine [I] 7:6 problems [I] 8:19
giving [I] 5:18 known [I] 9:22 nod [I] 4:1 Processing [I] 12:18
glasses [2] 12:9 12:13 Notary[2] 1:11 18:4 protect [I] 14:22
gone [I] 9:16 -L- nothing [I] 5:11 PubliC[3] 1:11 18:4
good [2] 5:21 9:20 L.S.C[2] 1:13 1:17 notice [I] 10:16 18:11
guess [I] 16:6 lane [3] 10:23 11:7 now [4] 4:3 7:4 pulled [I] 11:17
guilty [I] 14:9 11:11 13:7 15:2
lanes [I] 10:22 -Q-
Index Page 2
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
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17:16 18:9 shoulders [I] 4:1 track [1] 5:13 5:15 WITNESSES [I] 2:1
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races [2] 6:19 7:19 side [3] 8:3 8:4 traffic [4] 8:2 10:19 -Y-
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6:6 6:8 6:14 signing [I] 3:3
6:18 10:14 trailer [4] 10:23 11:8 year [I] 9:1
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5:11 5:13 slow [I] 11:16 travel [I]
radio [I] 11:11 14:3 15:12
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rate [I] 15:18 10:16
specifically [I] 13:8 trial [2] 1:7 3:6
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really [2] 13:3 16:15 speed [21 11:10 15:18 true [I] 18:20
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reason [I] 13:2 split [I] 10:15 twice [2] 9:11 9:11
record [2] 17:4 18:20 Springs [I] 4:4 two [I] 7:3
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relationship [I] ]5:16 stands [I] 7:17
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10:10 12:14 16:18 statutes [I] 14:22 understand [I] 3:17
repeat [2] 3:17 3:18 stenographically [I] understood [I] 3:16
reporter [2] 3:24 18:10 up [3] 4:9 5:10
18:12 still [3] 4:17 6:19 6:10
Reporter-Notary [I] 13:12
18:11 stipulated [I] 3:2 -v-
represent [I] 3:13 STIPULATION [1]3:1 V [I] 1:4
reserved [I] 3:6 stop [I] 11:14 vehicle [21] 4:24
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5:20 6:14 10:25 11:3 vision [I] 8:19
11:12 11:22 13:10
13:13 sworn [2] 3:9 18:9
River [1] 11:3 -w-
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road [4] 4:4 11:5 taking [2] 3:24 18:8 waived[l] 3:4
12:1 13:18 talkative [I] 8:16 walking [I] 12:11
Rodeo [I] 4:22 TERM[I] ]:5 walkway [2] 7:18
testified [I] 3:9 7:20
-S- testimony [2] 18:7 week [3] 9:11 9:11
sales [I] 4:16 18:20 9:11
sample [2] 12:20 12:23 Thank [I] ]7:16 Wertzvi1le [I] 11:5
sealing [I] 3:3 Thanks [I] 17:3 west [II 8:4
12:2 13:9 th;nldng[l] 16:18 western [I] 11:2
see [4]
13:13 13:17 three [2] 7:3 10:22 wheel [2] 16:1 16:10
seeing [I] 11:14 times [I] 13:25 WHEREOF [I] 18:22
seem [I] 10:18 todaYlI] 17:8 wife [I] 15:15
sentence [I] 14:12 together [I] 13:20 WILLIAMS [I] 1:20
set [I] 18:22 toOlS] 8:6 8:9 win [I] 5:19
9:4 9:18 9:23 within [I] 18:5
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HUGHES, ALBRIGHT, FOLTZ & NATALE
7l7-540-0220\717~393-5101
Index Page 3
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYL VANIA
BARRY DUVALL
CIVIL ACTION - LAW
Plaintiff
v.
No. 00-2780 Civil Term
GEORGE RICHARDSON
JURY TRIAL DEMANDED
Defendant
PRAECIPE TO MARK DOCKET SETTLED. ENDED AND DISCONTINUED
TO THE PROTHONOTARY:
Mark the docket settled, ended and discontinued.
Respectfully submitted,
KNAUER & ASSOCIATES, L.S.C.
Date: January 25, 2002
qlJ){j.~
David W. knaue , Esquire
Attorney for Plaintiff
Attorney LD. No. 21582
411-A East Main Street
Mechanicsburg, PA 17055
(717)795-7790
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JAN 2 8 2002
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CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
David W. Knauer, Esquire
KNAUER & ASSOCIATES, L.S.C.
411-A East Main Street
Mechanicsburg, P A 17055
MARTSON DEARDORFF WILLIAMS & OTTO
ByL~y~ 1Jr;p;J
Ten East High Street.
Carlisle, P A 17013
(717) 243-3341
Dated: February 4, 2002
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