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Home My WebLink About97-00196 \ l.1 \!: ~ ~ '1 ~ . ~ :) '- J : ~I ~ ~, IJ ~ t t THOMAS. THOMAS & HAFER BY: Kevin C. McNamara. Esquira IOENT~ICATION NO.: 72668 30S Nor1h Fron1 SUNt P,O, 801 DBB H.nilbu'g. PA 17I0a0999 11111 237,7132 Allornayslor Dafendants SALLY A. BOBB and JAMES E. BOBB, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 97-196 , l LORA THOMAS and YORK WASTE DISPOSAL, INCORPORATED, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Lora Thomas and York Waste Disposal, Incorporated in the above matter. Respectfully submitted, THOMAS. THOMAS &: HAFER DATE: ';/{,./17 By: ,_ ("I) j"'/ ')I."n, 'c.... evin C. McNamara, Esquire 1.D.II72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants c:llI<l" , 1 ',' hl.nmtl - !.JUT lit' "'JIHHV ('^':': NIJ: 1 '.1017.0,I1':)h r CIJMMIJNW,:^I.TH III-' n:NNSYI,VMHA: CUllIHY IlF CUMrlHlLANl' I)IJlJlI :;^I.I.Y A .:'1' AL v';.~ . THIIM^:; I.tlr/A .:T AL Il. ThnmelEl K linE' , Sher1.f!. liho bE'lng duly Sliorn accord1ng to J ali, says, that he made a dil1.gcnt seal'Ch and InqU1.ry for the li1.th1n namcd ctefcndant, to li1.t: TIlIJM^:i I,IIRA bu t. was IJnelblr:> to locelte Her 1n hI':; ba1.) '. litck. 1fE' ther l:'lorE:? rlr:>[JlJti.;,c>,j thE' "hen. f f of YL1r/K Ci.lUIIIY - l:ounty, Pennsylv;:Jnli.l. t" 8C?rVe the liith1n CIJMt'I.^INT On Februelry 'Ith, l'J97 , th1.s offl.c(l lias 1n receipt of the attached return from YOr/K CUIJtHY County, PE'nnsylvania. Shr:>riff'o Coots: [Io,c'kc>tinq Out of County Surcharge YORK COUNTY So answers: 11\.00 9.00 2.fll0 52.80 I IL r . , /, I homas Kll.ne, ::>herll1 ~81.e0 ANGINO & ROVNFU v);::/07/1997 u,,'" 1c>Ci.-,delY ILl C,7 A.D, and rJub8crlbed to before' me of ~t....1 :-;""Qfn \.. LLL 0 )!l<t'(v..- .uJ/J~ ---, I Prot.hQnotar"y :~I!U;J H ':; Id.:nJlm l~iUl IIF f~I.1Urn'l' C^~;r: ~l": I' n I.. L~\:'1 ')h t' 1-,JMMUtlWE^l.rH IW I't-:/W:';;'(!.VMU^: CIJlItl'fY IW CUMI1Ul1.^ND I1IJIIH :;^'.I.V A .:T ^L V';-;. TIHlMN; 1.1Jl\^ Er AI. bul lias unelbl~ to loc3t~ rhe", in tl13 baillWlCI{. He therefore , , t , I I i I ! I Il. Thnm3:J K1,ne , Sher1f!. liho being duly Sliorn accord1ng to Jali, says, that he made a dll1.genl search ~nd 1.nqu1.ry for the li1.th1n namcd defendant, to li1.t: 'lURK WASTE DIHPU~A1. [Nel JIlrUKATI,:[' d~putl~erl the Bher1ff of YUI1K CU\J~Il'( Lounty. Penn.sylV::lnla. t" serve the li1th1n CUMI'L^ItH On February 7th, l'J97 th1S off1ce VdS In receipt of the attached return fro", YUr,I( CUUllrY . County, Perlnsylvania. She.'f iff' 3 CODtS: >~o an;.Jwert;: r)(')l:-kr:>t 1.nq lIut of County ~';ur8h;Jrgl? ...<'11'1 .1ZI0 :::.00 / r.;:- IhomaG hllne, ~herltf HI. 001) M1GINCi I. flOVNlI, 0:::/07/1997 :;""lrn ~nd ~lJh~':r lhe1j ttJ be-1orr:. "'(1 'hi', 10" delYOfJ..tt-u.,^-') 1'l (11.. ^. D. \.. 1.. .. f.J )lw! (",-, ---,--J L<.p r ttfl I) n I) t a I .,. I Uf"l'1' THOMAS, THOMAS & HAFER BY: Kevin C, McNamara. Esquira IOENTWICATlON NO,: 72888 305 Narlh rronl SliM' P,O, BOI 999 H."'lburg, PA 1710a 0999 17111 231.J132 AlIorneyslor Defandanls SALLY A. BOBB and JAMES E. BOBB, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 97-196 LORA THOMAS and YORK WASTE DISPOSAL, INCORPORATED, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Sally A. Bobb and James E. Bobb, Plaintiffs; and Richard A. Sadlock, Esquire, Attorney for Plaintiffs: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. DATE:,)!1;1'7 THOMAS. THOMAS &: HAFER By: "L c /Y) y?~ _ Kevin C. McNamara, Esquire I.D.1I72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants I i I 10. Deni~d as stated. At the time and place alleged, Lora Thomas moved into the center portion of the road to go around the Plaintiff's postal vehicle which was traveling on the shoulder at a low rate of speed. The accident occurred when the Plaintiff turned the postal vehicle into Lora Thomas' path without signaling her intention to do so. 11. Denied as stated. It is admitted that an accident occurred involving the left side of the postal truck and the right front portion of the York Waste Disposal truck and that the postal vehicle turned onto its side. COUNT I Sally A. Bobb and James E, Bobb Y. Lora Thomas 12. Defendants here by incorporate their answers to Paragraphs 1 through 11 herein as if set forth at length. 13(a)-(i). All allegations of negligence, carelessness, wantonness and recklessness are denied. It is admitted that Lora Thomas was in the course and scope of her employment with Defendant York Waste Disposal at the time of the accident. COUNT II Sally A. Bobb and James E. Bobb Y. York Waste Disposal. Inc. 14. Defendants hereby incorporate their answers to Paragraphs 1 through 13 herein as if set forth at length. - 2 - t ( , 15 (a) - (h) . All allegations of negligence, carelessness, wantonness and recklessness are denied. As to any damages or injuries which may have been sustained in the accident, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. CLAIM I Sally A, Bobb v. Lora Thomas and York Waste Disposal. Inc. 16. Defendants hereby incorporate their answers to Paragraphs 1 through 15 herein as if set forth at length. 17-24. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. By way of further answer, any injuries sustained by the Plaintiff were due entirely to her own negligence. CLAIM II James E. Bobb v. Lora Thomas and York Waste Disposal. Inc. 25. Defendants hereby incorporate their answers to Paragraphs 1 through 24 herein as if set forth at length. 26. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations and proof thereof is demanded. By way of further answer, if Plaintiff has suffered the injuries and - 3 - t ( losses alleged, said injuries and losses are due entirely to his wife's own negligence. WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint be dismissed without cost to them. NEW MATTER 27. Plaintiffs' claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 28. Plaintiffs have or may have failed to mitigate their WHEREFORE, Defendants respectfully request that Plaintiffs' damages. 29. Plaintiffs' claims are barred or reduced by the Pennsylvania Comparative Negligence Act and Sally Bobb's contributory negligence. Complaint be dismissed without cost to them. Respectfully submitted, THOMAS. THOMAS &: HAFER L (,' /y.JV.....,.,..~ DATE: ';;/'7/97 By: Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants VERIFICATION I, Lora Thomas, have read the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, informat.i on and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. DATE: .... C", ~ , ~ L(; . ~.. , , LJI(- '" ,'( c' " F, ....:; J l/:. , r:> c. (', ; ~'- -' '" :'J L'.' " I... w_ ... Li- , i ", r- 0 CI' 0 ~ SALLY A BOBB and JAMES E, BOBB, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v, NO, 97-196 Civil LORA THOMAS and YORK WASTE DISPOSAL, INCORPORATED, Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, PC" and hereby enter the following Reply to the New Matter of Defendants as follows: 27, Defendants' averment is a conclusion of law to which no responsive pleading is required, To the extent the averment may be deemed factual, it is hereby specifically denied, By way of amplification, all of Plaintiffs' injuries and damages are recoverable in the instant action, The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiffs may recover herein, 28, Defendants' averment is a conclusion of law to which no responsive pleading is required, To the extent the averment may be deemed factual, it is hereby specifically denied, By way of amplification, where possible and appropriate, Plaintiffs mitigated their damages, 107715/MLM I I 29, Defendant's averment is a conclusion of law to which no responsive pleading is required, To the extent the averment may be deemed factual, it is hereby specifically denied, By way of amplification. Plaintiff was not negligent in any way, Therefore, the Pennsylvania Comparative Negligence Act does not apply to the instant action, Further, all of Plaintiffs' injuries and damages are recoverable in the instant action and are in no way reduced, WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendants' Answer and New Malter and enter jUdgment in their favor against the Defendants, ANGINO & ROVNER, p_C, _.~:,_.. -;.:..--- , I "I I f -,~ ----~ ~ardA-Sadlock, Esquire -- I,D, No, 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: February 28, 1997 ~ ~. , " , CERTIFICATE OF SERVICE L/JJ (M (1j.J. p( m f).uh , Mlr~y L. Moyer Q I, Marcy L. Moyer, an employee of the law firm of Angino & Rovner, P,C" do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS on the following via postage prepaid, first class United States, requested addressed as follows: Kevin McNamara, Esquire Thomas, Thomas & Hafer 305 North Front Street P,O, Box 999 Harrisburg, PA 17108 Date: February 28, 1997 , ( ;' >.: ,. r ;' .:. fl"i , .. , Ie .' ( . , (~~ :., 'r I L_ r .' ...... I!_ r-- 0"' ) - .' J::. ~: :;t: ~, " - '::'.... ,;"}~ -'_0~'-e ""i~'" ..'" '.'"}., . -{!l :')<9 i~Jfl1 ~()a: . . :1''''' cl a. \~ ~") ,~ J ~ ~ crl \~ 0... ~ ~ ('(\~ oI'PC'(') 'f I' ri..:::t> ~C()~ . w w. ..... ~ Vl . . 0 III < ~I~ Ii! .... ;11I0 ... ..... UJ C < ~ ""..... '" .... 1"). ... g~ '" 2: ffi i ~ . c c: - U~.I! ,'0'0 .~ >-0 <lJ <: c::c "' ",2! ..... -' "'"' ~ <U 0- .0 0. 0:::0 0 5 ~~. <<l..., 2: ..., 0":: Vl_ I~i .~ to ,., ~ . .s;. . <lJ' 0-' . i '.' :<.s.:: . :J:< . , . . .....Vl ~m. . > 0 <0- .;.JIX) Q::Vl tS::6 0- -'0 'f' ! . . . f . ~ ~ 5, At that time and place, Plaintiff Sally A. Bobb was operating a United States mail truck and was travelling north on Old Scotland Road, Southampton Township, Franklin County, Pennsylvania. 6. At that time and place, Defendant Lora Thomas was operating a garbage truck owned by Defendant York Waste Disposal, Inc., and was travelling north on Old Scotland Road directly behind Plaintiff Sally A. Bobb. 7. At that time and place, Defendant Lora Thomas operated the garbage truck in the course and scope of her employment with Defendant York Waste Disposal, Inc, 8, At that time and place, Plaintiff Sally A. Bobb activated her left turn signal, and prepared to make a left turn off of Old Scotland Road into a private driveway to make a delivery, 9, At that time and place, Defendant Lora Thomas operated Defendant York Waste Disposal, Inc.'s vehicle at a high rate of speed and struck the postal vehicle. 10. At that time and place, Defendant Lora Thomas swerved the truck out of her travel lane, into the opposite lane of traffic, and struck Plaintiff Sally A. Bobb while Plaintiff Bobb was making her left turn. 2 I t ~ " 11. At that time and place, the front portion of Defendant's vehicle violently collided with the left side of the postal truck, forcing it to flip onto it's right side. COUNT I Sally A. Bobb and James E. Bobb v, Lora Thomas 12. Paragraphs 1 through 11 of Plaintiffs' Complaint are incorporated herein by reference. 13, The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Sally A. Bobb and James E. Bobb are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Lora Thomas operated the garbage truck in the scope and course of her employment for Defendant York Waste Disposal, Inc., as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (bl failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; (c) failure to apply her brakes in sufficient time to avoid striking the postal vehicle operated by Plaintiff Sally A. Bobb; (d) failure to travel at a safe speed; (el failure to keep a proper watch for traffic on the highway; 3 (b) failing to properly train and instruct its driver in the proper manner of operating its garbage truck; (c) permitting Defendant Thomas to operate its truck although he knew or should have known that Ms. Thomas did not have any training, experience and judgment to adequately control and operate it; (d) hiring, instructing and retaining its operator and maintaining its truck in a manner which endangers persons and property without due regard for the rights and safety of others on the highway and in violation of the Pennsylvania Motor Vehicle Code; (e) permitting Defendant Thomas to operate the garbage trur.k although it knew or should have known that she was careless or reckless in the operation of trucks or other motor vehicles; (f) failing to properly test. train and supervise the operation of its vehicle in accordance with the duty a commercial vehicle owes to the safety of other motorists on the highway; (g) failing to properly supervise Defendant Thomas's operation and use of the vehicle; and (h) permitting Defendant Thomas to operate the vehicle in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Sally A. Bobb y. Lora Thomas and York Waste Disposal. Inc, 16. Paragraphs 1 through 15 of Plaintiffs' Complaint are incorporated herein by reference. 5 17. Plaintiff Sally A. Bobb sustained painful and severe injuries which include, but are not limited to, multiple abrasions of the left arm, thoracic strain, and lumbar strain, exacerbating L2-L4 degenerative changes. 18, As a result of the injuries sustained, Plaintiff Sally A. Bobb was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor, 19. Because of the nature of her injuries, Plaintiff Sally A. Bobb has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 20, As a result of the aforementioned collision and resulting injuries, Plaintiff Sally A. Bobb has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 21. As a result of the aforementioned collision and resulting injuries, Plaintiff Sally A. Bobb has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 6 THOMAS. THOMAS & HAFER BY: Kavin C, McNamara. Esquira IlENTJICATION NO,: 72666 J05 North F'OOI StrMI P,O, SOl BBB Horrilbulg, PA 17I0a.0889 1717123].7\32 SALLY A. BOBB and JAMES E. BOBB, her husband, Plaintiffs Attorneys lor Dafendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 97-196 LORA THOMAS and YORK WASTE DISPOSAL, INCORPORATED, Defendants JURY TRIAL DEMANDED CERTIPICATE PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the day on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submitted, DATE: /(/~ /47 THOMAS, THOMAS &: HAPER By: L t h) '; )....H'A- <-<L- Kevin C. McNamara, Esquire 1.D.II72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants CERTIFICATE OF SERVICE I, KEVIN c. MCNAMARA, ESQUIRE, hereby certify that I have '. served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the /6".!:aay of ~10~/nk;- ,1997: Richard A. Sadlock, Esquire ANGINO &: ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS &: HAFER By, iCmYl~ Kevin C. McNamara, Esquire .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SALLY A, DODD and JAMES E. BOBB. v, File No. 97-196 CIVIL TERM LORA THOMAS anD YORK WASTE DISPOSAL INCORPORATED SUB P 0 E N A TO: DONEGAL MUTUAL INSURANCE COMPANY 1. You olre hereby ordered by the court to come to THOMAS. THOMAS & HAFER 305 N, FRONT ST. atHARRISDURG at 10:00 DEFENDANTS in the above case. (Specify courtroom , DAUPHIN o'clock, or other place) County, Pennsylvania, on October 10. 19' A. M., to testify on behalf of ____ and to remain until excused. 2, And bring with you the following: SEE ATTACHED NOTICE OF RECORDS DEPOSITION rOR ANY AND ALL CLAIM RECORDS OF PLAINTIFF SALLY BOBB If you fail to attend or to produce the documents or -things required by thin uubpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of civil Procedure, including but not limited to cootn, attorney fees and imprisonment. ISSUED DY A PARTY/COUNSEL IN COMPLIANCE WITH Pa.R.C.P. No. 234.2(a) NAME:KEVIN C. McNAMARA ADDRESS:305 N, FRONT ST,. P,O, BOX 999 HARRISBURG. PA 17108 TELEPHONE: (717) 237-7132 SUPREME COURT IDII72668 BY THE COURT: DATE: flu; /C;'9f 1 Seal f Llle Court t~lJ.L4-U-l't. . JI- (1 / itA-_ Prothonotary, iv'l Division OFFICIAL NOTE: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa.R.C.P. No. 234,1. If a subpoena for production of documents, records or things is desired, complete paragraph 2. (Rev. 1/90) CERTIFICATE OF SERVICE I, KEVIN C. MCNAMARA, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing document on the fOllowing person by placing same in the United States mail, postage 5rl' / prepaid, on the!!!...: day of t"" n' ,t.....-. , 1997: Richard A. Sadlock, Esquire ANGINO &: ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS &: HAFER By: L {. )Y1 ~'}...nY><'1--'''eL Kevin C. MCNamara, Esquire 071."'.' I ' ,J 1" .:." 1"< ',," ? I " . I ~ r !~,.;~. (~:. ,:'::: , .. ~ I I "i {'_. \,: Cl;., .' h:j\~'I:}'l:.;/:'; .' .. . , SALLY A. BOBB and JAMES E. BOBB, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO, 97-196 Civil LORA THOMAS and YORK WASTE DISPOSAL, INCORPORATED, Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO COMPEL DISCOVERY OF DEFENDANT LORA THOMAS Plaintiffs, by and through their attorneys, Angino & Rovner, P.C" respectfully move this Honorable Court to compel Defendant Lora Thomas to file full and complete answers to Plaintiffs' discovery requests for the following reasons: 1. The instant action was commenced by the filing of a Complaint on January 13, 1997, with service made on Defendant Thomas on January 24, 1997. 2. On February 6, 1997, counsel for Defendant entered his appearance. 3. On February 5, 1997, Plaintiffs forwarded t~ Defendant Thomas Interrogatories and a Request for production of Documents. A copy of these discovery requests are attached hereto as Exhibit A, 4. On February 10, 1997, Defendants forwarded to Plaintiffs Interrogatories and a Request for Production of Documents. 112233/CLM A .. 6, On February 17, 1997, Defendant Thomas filed an Answer with New Matter to Plaintiffs' Complaint to which Plaintiffs replied on February 28, 1997. 7, To date, Defendant Thomas has not responded to Plaintiffs' Interrogatories or Request for Production of Documents and said responses are overdue. 8. All of the discovery sought by Plaintiffs through their Interrogatories and Request for Production of Documents is relevant to the instant action, 9, Our Rules of Civil Procedure provide for the liberal granting of discovery. I I 'I I i 10, Defendant Lora Thomas has failed to comply with the discovery as required by Pa.R,C.P 4005 and 4006, 11. Defendant Lora Thomas has had more than ample time to respond to Plaintiffs' Interrogatories and Request for Production of Documents. 12. Pa,R.C,P. 4019 provides that upon motion of a party, the Court can make an appropriate order when a party "fails to make discovery," Pa.R,C.P 4019(a) (viii). 13. Plaintiffs. therefore, believe that answering all of Plaintiffs' discovery requests would not burden or oppress Defendant Lora Thomas. SALLY A. BOBB and JAMES E. BOBB, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs v. NO. 97-196 Civil LORA THOMAS and YORK WASTE DISPOSAL, INCORPORATED, Defendants JURY TRIAL DEMANDED PLAINTIFFS' REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT LORA THOMAS , P.C. i I.D. No. 03 ront Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: February 5, 1997 PLAINTIFF'S I~ . PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and 4009 and/or F.R.C.P. No. 34, please furnish at our expense, at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. 1. Any and all documents referred to, relating to, or pertaining to any answer to any Interrogatory. 2. Any and all documents containing information relating to any answer to any Interrogatory. 3. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf. 4. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. 5. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. 6. Any and all expert reports from each person whom you expect to call as an expert witness at trial. 7. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concern- ing the case, investigation or review of the plaintitt and his case. . 8. Copies of all statements, memoranda, sWTUnaries of other writings, documents, diagrams and pictures obtained from your inves- tigation, your insurance company's investigation or your attorney's investiga tion into the incident involved. You need not supply any attorney's "work product" or other material which is specifically excepted as privileged by the above rule. 9. All documents in your possession, custody or control pre- pared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or sum- maries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impres- sion, conclusions, or opinions respecting the value or merit of the claim or defense. 10. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this law suit, and all such statements, memoranda, or records made by parties to this law suit or their representatives. 11. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements, signed or otherwise adopted or approved t , by the person making it, or stenographic, mechanical, electrical or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pa.R.C,P. 4003.5 and/or F.R.C.P. No. 34. 12. To the extent that you have not already provided the same, copies of all records, documents and memoranda which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 13. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this law suit. 14. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. 15. To the extent not already provided, all photographs, motion pictures, diagrams, maps, surveys, plans and models of the site of the incident and of the vehicles in question that are in your possession. 16. Copies of Declaration Sheets for each and every policy insuring you against the claims made in the instant action. 17. Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. , ~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-196 Civil SALLY A. BOBB and JAMES E. BOBB, her husband, Plaintiffs Defendants JURY TRIAL DEMANDED LORA THOMAS and YORK WASTE DISPOSAL, INCORPORATED, PLAINTIFFS' INTERROGATORIES DIRECTED TO DEFENDANT LORA THOMAS R' , Esquire' .D. No. 03 Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: February 5, 1997 Plaintiffs, through their attorney, hereby propound the following Interrogatories to defendants pursuant to Pennsylvania Rule of civil Procedure 4006 to be answered within thirty (30) days from service thereof. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your answer to said Interrogatories and the time of the trial of this case you, or anyone acting on your behalf, learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested ~nformation not supplied in your answers, you shall promptly furnish the same to plaintiffs' attorney by a supplemental answer. For the purposes of these Interrogatories, "you or "your" refers to the defendants and their files and all other persons, ~ent~ or re resentatives of the defendants and their files. You s a urt er nc u e a persons on w ose e a efendants prosecuted this action and all persons who will benefit or be legally bound by the results of this action. Your answer to the Interrogatories shall reflect and contain the knowledge of all of the above persons. References to plaintiff and/or defendant shall be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendants shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies and the last known address of each custodian. "Document" shall mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without limitation letters, memoranda, articles, studies, notebooks, diaries and notes, as well as all mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendants or known by them to exist. It shall also mean all copies of documents by whatever means made. Answer each Interrogatory in the space following the Interrogatory. Supplemental sheets may be attached for answers which require additional space. Please take notice that you are required' to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories are deemed continuing and supplemental answers should seasonably be provided. t 2. State the year, make, model number, and registered owner of the vehicle which you Were driving at the time the accident in question occurred. ANSWER 1 ~ f c 4. List the names and addresses of persons known or believed by you, or any person acting on your behalf, to have been within sight or hearing distance of the accident referred to 1n the Complaint, and with regard to each person, state: (a) his or her exact location at the time of the accident; (b) his or her activity at the time of the accident; and (c) whether he or she witnessed the accidEnt. . l ANSWER 6. Did you consume any alcoholic beverage, sedative, tranqUilizer, marijuana, cocc:..ine, hashish or other drug, medication or pill during the eight hours immediately preceding the incident referred to in the Complaint? If so, state: (a) the nature, amount and type of item consumed; (b) the amount of time over whi~h consumed; (c) the names and addresses of any and all persons who have knowledge as to the consumption of those items; and (d) the names and addresses of the physician (s) or other person(s) who gave, purchased or prescribed any of the said items. ANSWER t .I, 11. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) date of birth; (b) name and address of present employer, and if self- employed, name and address of the business; (c) full formal educational background, with date of attendance and degrees obtained; (d) a list of all writings and/or documents of any kind prepared in whole or in part by the expert; and (e) names and addresses of all persons, firms or corpora- tions who have retained this expert in the past ten years to render a report or testify as an expert witness. I I ANSWER 13. State the purpose of the trip or journey in which you were involved at the time of the incident in question, including the exact time and point of departure, destination and time and place of all stops and departures. ANSWER 14. As of the time of the incident referred to in the Complaint, please state whether or not you were familiar with the location where the occurrence happened and state the nature and extp.nt of your familiarity, indicating the number of times you had visited the location where the incident took place within the last year. ANSWER 18. State exactly how you contenc the incident occurred. ANSWER j J " 21. Have you ever been charged for any violation of the motor vehicle traffic laws or ordinances of any state or municipality arising from the incident involved in this action. If so, state: (a) the specific violation with which you were charged: (e) the court involved. (b) the manner in which you were charged, i.e. citation: (c) by and before whom you were charged: (d) the verdict rendered and/or fine paid regarding said violation: and r ANSWER i 23. If your attorney has completed an investigation, please provide the name, address, and telephone number of all witnesses identified in the investigation. II !i ANSWER I, II Ii [i I Ii , I' " Ii " I, J ~, 25. With regard to any restrictions, qualifications or conditions on your license, please state: (a) a full and complete description including the exact and precise language or wording on your license; and (b) the time, in months and years, that such wording appeared on your license. ANSWER 26. At the time of the incident referred to in the Complaint, did your license contain any reference to any prior actions, violations or offenses committed by you? If so, please state: (a) the date, time and place; and (b) the precise language or wording of each action, viola- tion or offense as it appeared on your license. ANSWER I ~ j j , I j t l \ I II I! :I " 27, nt the time of the incident referred to in the Complaint, did you have any condition for which you wore , , " II I! I' I! :1 " :1 I: " i: eyeglasses, or for which eyeglasses were prescribed? I f so, state: (a) a description of the condition; (b) whether you were wearing eyeglasses at the time of the incident; (c) the name and address of the person who prescribed the eyeglasses; and i \ I r '\ i r (d) a description of accident referred and uncorrected. your vision at the time of the to in the Complaint, both corrected ANSWER " I' " Ii ,I " I, I, II !I I ~ 30. Have you ever been convicted of a crime? If so, state: (a) the nature of the conviction I (b) the date and location of said conviction I and (c) the penalty imposed. ANSWER 32. Have you ever received any citation or summons of a criminal nature resulting from the operation of a motor vehicle? If so, state: (a) (b) the nature of the citation or summons; the final disposition; and (c) the court involved. ANSWER I I "I I , I , t 33. Have you ever had an operator's license suspended or revoked? If so, state: (a) time and location of suspension or revocation I (b) period of time of said suspension or revocation, including datesl (c) reason for such suspension or revocation I and (d) whether such suspension or revocation was lifted. ANSWER l . " - These Interrogatories shall be deemed to be continuing. If between the time of your answers to these Interrogatories and the time of trial of this case, you or anyone acting on your behalf learn the identity and whereabouts of any other witness (es) not identified in your answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish same to the undersigned by supplemental answers. ANGINO & ROVNER, P.C. . Sadlock, Esquire . No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: February 5, 1997 CERTIFICATE OF SERVICE I, Marcy L. Moyer, an employee of the law firm of Angino & Rovner, P.C" do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' MOTION TO COMPEL DISCOVERY OF DEFENDANT LORA THOMAS on the following via postage prepaid, first class United States, requested addressed as follows: Kevin McNamara, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Jilor (( I L, U(l 1 !trJ Marcy L. I Moyer Date: May 8, 1997 , ';;' l' "'"'iI - I') , --...... , ") '-I .-.1 ~ ~ J ", 1: ;::: >- C) .." L- ').....: 0, o' j ~ I' " U.I . -- t,,; u_. 'j I" (5' 0' , , :, (?'" I (l) " "" -!\ .l.. . '.-~. u- ~: I "J u' r- 0 U U" SALL Y A, BOBB and JAMES E, BOIlB, her hushand, IN TilE COURT OF COMMON PLEAS CUMBER1.AND COUNTY, PENNSY1.V ANIA Plaintiffs CIVI1. ACTION - 1.AW v, NO, 97-1% Civil LaRA TIIOMAS and YORK WASTE DISPOSAL, INCORPORATED, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as sellled, satisfied. and discontinucd and issue a Ccrtificatc of SClllemcnt, ANGINa & ROVNER, P,C, -_.._.-~- ----_.--~-- / Richard_A- Sadlock, Esquirc , ,No, 4721<1 4503 North Front Strcct Harrisburg. P A 171 III (717) 23X-(,791 Counsel for Plaintiffs Date: Scptembcr 15, 199X cc: Kevin McNamara, Esquire 13HHI5fMLIl :>;: ~ ( . " <- . ; l-' N (-, lU~ - , 0< " , .--l y: ~I-'r G.. /)1.' .J'[.) 6:' I.::> .t....: UI:- ' , -' 0- .. ..- c.\. , llld L.' I. : ,', ~ ! '- j' Ul II. C :_l u 0', u