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02111-40
05/05/97
IN THE COURT OF PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 17 - ,d 4 () t fh. ~~.L
LEWIS E. GREEN,
Defendant.
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by 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.
COURT ADMINISTRATOR
CUMBERLAND CO COURTHOUSE 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE PA 17013 3367
(717) 240 6200
02111-40
05/05/97
6. Defendant left his vehicle in the lane of traffic with no
parking lights or emergency lights to indicate his presence, even
though it was dark.
7. The accident occurred when another southbound vehicle, a
1989 Dodge Dynasty bearing Pennsylvania vehicle registration
AL00026, being operated by Daniel W. Dreese, struck the rear of
Defendant's parked vehicle. Mr. Dreese lost control of his vehicle
following the accident and the vehicle entered the middle lane,
striking Plaintiff's motorcycle.
8. As a result of the accident, Plaintiff sustained serious
personal injuries, including injuries to his abdomen, face, right
thumb, ribs, neck, spine, and arms.
9. As a result of his injuries, Plaintiff was hospitalized
and was forced to undergo numerous medical procedures and incur
numerous medical bills for all of which damages are claimed.
10. As a result of the accident, Plaintiff sustained damage to
personal property including damage to his motorcycle, to the
clothing and eyeglasses he was wearing, including his helmet, for
which damages are claimed.
11. As a result of the accident, Plaintiff suffered pain,
sleeplessness, discomfort, diminishment of life's pleasures and a
disruption of his daily routine, for all of which damages are
claimed.
12. As a result of his injuries, Plaintiff will suffer
scarring at the site of the bridge of his nose and also as a result
of abdominal surgery made necessary to repair a hernia caused by
the accident.
-2-
02111-40
05/05/97
13. As a result of the accident, Plaintiff sustained the loss
of wages and has been unable to engage in gainful employment.
14. The accident was due to the negligence of Defendant Green.
15. The Defendant was negligent in one or more of the
following particulars:
A. In parking his vehicle on the roadway;
B. In failing to eliminate his vehicle;
C. In failing to warn persons, such as the Plaintiff, of
the existence of his vehicle in the roadway;
D. In operating while under the influence of alcohol to a
degree which would render him incapable of safe driving; and
E. In failing to obey the provisions of the Pennsylvania
Motor Vehicle Code regarding proper parking of motor vehicles.
WHEREFORE, Plaintiff demands judgment against Defendant in the
amount of $10,000.00, which sum exceeds applicable arbitration
limits, plus interest related to the accident, plus costs of suit.
Respectfully submitted,
ZIMMERMAN, PFANNEBECKE & NUFFORT
By:
1 L. Albert, Esquire
Attorneys for Plaintiffs
Attorney 1.0. #23368
22 South Duke Street
Lancaster, Pennsylvania 17602
Telephone No. (717) 299-0711
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SHERIFF'S RETURN - NOT FOUND
CASE NOI 1997-02408 P
COMMONWEALTH OF PENNSYLVANIA I
COUNTY OF CUMBERLAND
tANDIS .JAMES S
VS.
GREEN LEWIS E
R. Thomas Kline . Sheriff, who
to law, says, that he made a diligent search
named defendant, to wit: GREEN LEWIS E
but was unable to locate Him in his bailiwick.
being duly sworn according
and inquiry for the within
He therefore returns
the COMPLAINT
NOTICE
NOT FOUND J as to the within named defendant
GREEN LEWIS E
NO SUCH PERSON AT ABOVE ADDRESS. POST OFFICE HAS
NO INFORMATION ON DEFT.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
2.00
So answers I /
/ -
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H' Thomas IU1n"', ~her1:U
$23.10 ZIMMERMAN PFANNEBECKER NUFFORT
05/14/1997
Sworn and subscribed to before me
this I?lr.... day of lh'J
19 q 7 A. D.
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&JlUG 2 2 1997
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROSEANN COVIELLO, as parent
and natural guardian of
Theresa M. Coviello, a minor,
Petitioner
No. 1997 - 02551 Civil
.
.
CIVIL ACTION - LAW
v.
SHAUN M. GOODWIN,
Respondent
MINOR'S COMPROMISE
ORDER
AND NOW, this
day of
, 1997, it is
hereby ORDERED and DECREED that a hearing on the Petition of
Roseann Coviello for Minor's Compromise is hereby scheduled for
o I clock on
1997, in Courtroom
Number
of the Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania, at which time all interested
parties shall appear and be heard.
, J.
BY THE COURT:
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Pennsylvania, with a place of business at 115 Limekiln Road, Post
Office Box 257, New Cumberland, Pennsylvania 17070-0257.
5. state Farm, as the insurer for Respondent, has
offered to compromise this claim in the amount of eight thousand
dollars ($8,000.00).
6. This Petition is filed as a result of injuries
sustained by the Minor when her mother's car was struck on the
passenger side by Respondent I s vehicle. As a result of this
accident, Petitioner has made a claim to state Farm under the
provisions of the automobile liability insurance policy under which
Respondent was insured.
7. As a result of the accident, the Minor sustained a
non-displaced hairline fracture of the radial head. She was taken
to Holy Spirit Hospital in Camp Hill, Pennsylvania, where she was
x-rayed and released.
8. After experiencing continued pain, the Minor
presented to smith Radiology, where x-rays of her arm were taken.
Dr. Malnar's impression was a non-displaced hairline buckle
fracture of the radial head with point tenderness. A copy of Dr.
Malnar's report is attached hereto, incorporated herein by
reference and labeled as Exhibit "A".
9. The Minor had follow up therapy at Central Penn
Physical Therapy Sports Medicine. The Minor had therapy for her
right elbow on seven visits from July 26, 1995, through August 18,
1995. The Minor was discharged from therapy on August 18, 1995, at
- 2 -
which time the Minor could perform her therapy without complaint.
A copy of the Minor's discharge report from Central Penn is
attached hereto, incorporated herein by reference and labeled as
Exhibit "B".
10. The Minor was seen on October 10, 1995, by Dr. Segal
at the Milton S. Hershey Medical Center. At that time, examination
of the right elbow revealed a full range of motion. Additionally,
x-rays and an MRI scan of the right elbow were normal. A copy of
Dr. Segal's October 10, 1995, letter to Dr. Wolf is attached
hereto, incorporated herein by reference and labeled as
Exhibit "C".
11. The Minor was born on september 10, 1981, and is now
15 years and 11 months of age.
12. At the time of the accident, the Minor was under the
majority care, custody and control of Petitioner.
13. Petitioner had made a careful and diligent inquiry
and investigation and ascertained the facts surrounding the
accident, the responsibility therefor, and the nature, extent and
seriousness of the Minor's injuries. State Farm, as the insurer
for Respondent, has offered to compromise this claim for the amount
of $8.000.
14. Petitioner believes that this compromise with State
Farm is fair and in the best interest of the Minor.
15. State Farm requests that Petitioner give a Release
in the form which is attached hereto as Exhibit "0".
- 3 -
VERIFICATION
I, Roseann Coviello, depose and say, subject to the
penalties of 18 Pa.c.S.A., Section 4904, relating to unsworn
falsification to authorities, that the facts set forth in the
foregoing Petition for Minor's compromise are true and correct to
the best of my knowledge, information and belief.
7-ZQ-97
Date
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Roseann Covel 0
3657
Exhibit A
Exhibit B
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JEFF SHlE1DS.1oI. U. A. T
~Dta
STEPIlANIlI CL DREw. P.T.. A. T
Clroaotol~l
PIt.,.bl THtIpy--::
'ENN
Spom M.dklnt B75 POIlIlr CIlurch Road. sun. 100. Camp H;II. PA 1701 I . (717) 7~. Fox: (717) 73Q.O<
DISCHARGE SUMMARy
HfJ1TffAM'G
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HAHE: Theresa COviello
DIAGNOSIS: Status post fracture, right radial head
PHYSICIAN: Steven B. Wolf, M.D.
DATE OF DISCHARGE: August 18, 1995
PATIENT STATUS: The patient was seen in therapy for the
treatment of her right elbow between the dates of July 26, 1995,
and August 18, 1995, for a total of seven visits.
At the time of discharge the patient's treatment program
consisted of Nordic ski track for the upper extremities, U.B.E.,
isotonic pronation and supination, isotonic tricep extension,
isotonic wrist flexion and extension, rowing and bicep curls on
the cable column, and dowel roller for wrist flexion and
extension. Acti ve range of motion on August 1'6, 1995, for
extension was 0 degrees and flexion was 149 degrees. The patient
reported a decrease in discomfort and was able to perform her
therapy program without complaints. The patient did record a
decrease in discomfort in the radial head area.
HOME PROGRAM: A home program for the patient's right elbow
consisted of isotonic tricep extension, pronation and supination,
and wrist flexion and extension.
Respectfully,
#L/'..s. ~
Michael S. Krackow, A.T.C., P.T.A.
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Martha N. DeAngelis, L.P.T.
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Steven B. Wolf, :\I.D,
Orthopae<4c Instit:Ute of Pennsylv:lJUa
3916 Trindle Road
Camp Hill, PA 17011
OctOber 10, 1995
RE:
COVIELLO, TERESA
:'tlSIDIC# 673250
Deer Steve:
I had the pleasuro of evnluating Teresa in my Pediatric Orthopaedic Clinic for
scoliosis. As you know. Teresa is a pleasant 14-yeer-old.and.one-month child
who is nOIed to have scoliosIS. The iamily notes a positive Iustory of scoliosis on
tho paternnl side. Teresa complains of occasionnllow back pam approximately
one time a woek. It is located in tho mid thoracic area. She occasionnlly wos a
heoting pad. She has had a history of migraine headaches. which is related to
her back pam. She occasionally takes Darvocet ior her migraine headaches.
She has h3d onset oi menarche for over :"NO years. She has not had any pnor
treaIment :'or her scoliosIs except ior physlcai therapy In wluch :leXlbility
exerClses anci a home exerc:se program was prescr:beci. 5he n3s not taken :my
medication except for occaslonnl use of Darvocet. She has an :Jnremarkable
past medical. past surlPc:u history. She has no known drug aller!1les. In
addition to her scoliosIs. she has had contlnuance oi nght elbow pam. secondary
:0 :l motor vehicle 3cc:den: on :\[ay 17. 1995, X.r:lYs and :\IRI 5= were normal,
[ reVIewed the records and radiogr3phs sent WIth the iamily, in September 1994.
Teresa had a nght thoracic curve measunng 43 degrees in T7 and T11, and a
Ie it lumbar cur:e measunng 40 degrees. In )1ovember 1994. the right thoracic
CUl"\'e measured 40 de\.'l'ees and a left lumbar CUl"\'e measured 37 degrees. She
was round to be a Risser .jJ5. In Februar:: 1995. she was round :0 have a right
thoracic curve me3surmlj 43 degrees and a left lumbar cur:e ::leasuring 30
degrees, Risser 5i5. On Seotember 12, 1995, the n~ht thoraCIC :'ll'Ve from Tj-T11
measured 43 degrees and the left lumbar cw-:e fromT11-L4-Zle3~Ure(r~1
degrees, A later:ii x.r3Y irom :-; ovember 1994 re':e3led a thoraCIC k,l'hosls
measu"nng 54 degrees.
On physical examlnatlon. T ~resa had :l norm:!i pit and .tance. Her height
wa. 160 cm and her welljht W3S 95.7 kg, which pUIS her well abo\'e the 95
percentlle full weigh:. Her c:o.e neurologlc exammatlon was ennrely intact.
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RE:COVIELLO.TERESA
:\1SHMC# 6732S0
Page 2
October 10, 1995
HARR'SBU~r.
AUG 21 1996
ReC!:.t "ILl.
She IS 3ble to walk on her toes and heels, jump up and down, and do a deep knee bend without
difficulties. Her deep tendon rellexes were symmetric to over 4 for both knee and ankle jerks. She
had down going plantar responses bilaterally. :\[otor and sensory examination was entirely
intact. Her posterior midline skin was without continous stigmata, such as hairy patches or
dimples. On forward bending, she had a mild right thoracic prominence measuring 5 degrees by
scoliometer. a left lumbar prominence measunng 15 degrees by scoliometer. She had a level
pelVls. On forward bending, 'she hact a mild postural low back deiormity without a sharp rigorous
deior:nity noted.
::xa::unatlon of the ngbt eibow revealed full ~ange of motion of the elbow inducing ileDon.
~x:e~Slon. supInation. :uHi pronation. She was :lontende:- over ::ldial head. She ',vas nontender
')Ver ~he oiecf311on or the mewal conciyle. She 'S:!3 ;JOlnt :ender ')\'er the i:lter::1.i e;:Hconayie relfion.
! ~av~ :'2\~ewed the x-r:lYs at' ::he r:ght eibow ',vrue:: were ~nt1rei:: :1ormal, 3:: repor:. her ~IRI scan
was also normal.
I ~epeaIed a lateral x.ray of the thoracolumbar spine. The thoracic kyphosis had :lot changed. It
measured 52 degrees from T3-T12. There was no evidence of a spondylolisthesis.
:\1y impression is that Teresa has adult scoliOSIS. I have reco=ended observation at the present
time. She has not documented any signiiicant progression of her thoracic or lumbar curve since
inioal x-rays in September 1994. At the present time, she does not meet the indications for
operative intervention for adult scoliosis, there has been progression, neurologic signs or
symptoms, pain. or cosmesis which is a relative indication. I have asked to see Teresa back in six
months for followup care. At that time, I will reevaluato her elbow as woll as tho spine. I might
want to consider repeat radiographs of the :c.ray if this is still clinically a problem. With an MRI
beinlj nOr::1al. the oniy other dia!Sllostic study to consider would be a bone scan or ~epeat the :\lRI
~can, : have recommended no actr:lty :-esrnc::ons for Tergsa. except that she continue vdth her
;:ome ~xerc~se pnyslc31 :her:lpy pro!5T:lm that ::OU had presc:-:beci.
Th:mk ::ou ':ery much :"or allowing me to pamc:pate in the care oi this child. [will keep you
appnsed oi any additiq~ai followup.
\ .
With best ~~:~.: \" r-
'-
!.~e 5. S~~ai. .~I.D.
ASSIstant E:oiessor
D~par':ment oi Orthopaedics
~5S;:nrg
D 10/10/95 T: lOi10/95
?c:
Steohen Snoke, D.O.. lS00 Carlisie Road. C.lIIlO Hill. PA 17011
J. Cho. :\I.D., Trindle RahnbiiiIauon :\leciicai :-\ssoclates. 51~~ E. T~indle ~03d.
:\[echanisburg, PA 17055
~.[edical Records
F,ie copy
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Hl""OCUO@
exhibIt 0
FULL AND FINAL REf.EASE
FOR AND IN CONSIDERATION of the sum of Eight Thousand
Dollars ($8,000.00) paid to the undersigned, Roseann Coviello,
("Ms. Coviello"), as parent and natural guardian of Theresa M.
Coviello, a minor ("Theresa"), and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, and in accordance with the Order of the Honorable
, Judge of the Court of Common Pleas of
Cumberland County, dated 1997, and entered
pursuant to a Minor's Compromise hearing held on said date, the
undersigned agrees fully to release, discharge and hold harmless
and indemnify State Farm Mutual Automobile Insurance Company
("State Farm") and Shaun M. Goodwin, their heirs, executors,
administrators, agents, servants and attorneys from any or all
causes of action, claims and demands of whatsoever kind on account
of all known and unknown injuries, losses and damages allegedly
sustained by the undersigned on May 17, 1995, and, specifically,
from any claims, or joinders, for sole liability, contribution,
indemnity or otherwise as a result of, arising from, or in any way
connected with injuries sustained by Theresa, and on account of
which a Legal Action was instituted by the undersigned in the Court
of Common Pleas, Cumberland County, Pennsylvania, at Civil Docket
Number 1997 - 02551, and the defense and handling thereof from the
Page 1 of 4
inception of the claim until the date of this full and final
Release. The undersigned understands and agrees that the
acceptance of said sum is not an admission of liability by any
party named herein.
It is expressly understood and agreed that this Release
and settlement is int.ended to cover and does cover not only all now
known injuriesl losses and damages, but any further injuries,
losses and damages which arise from or are related to the
occurrences set forth in the Legal Action noted above and the
handling and defense thereof.
It is further understood and agreed that the undersigned
reserves the right to pursue any claim she may have against every
other person and reserves the right to make claim that they, and
not Releasees herein, are solely liable to the undersigned for her
injuries, losses and damages.
The liability of any and all other tortfeasors other than
Releasees is not extinguished by this Release and the undersigned
specifically reserves all claims or causes of action arising out of
the above mentioned incident against any and all other tortfeasors.
should it appear that two or more persons or entities are
jointly or severally liable for the said injuries resulting from or
arising out of the said incident, the consideration for this
Release shall be received in complete satisfaction of the full
Page 2 of 4
extent of the fault of the said Releasee, whether proportionally
allocated or total, as ultimately determined under the law and for
which the said Releasees are ultimately found liable.
The undersigned agrees to hold harmless and indemnify the
said Releasees from any loss, claim or liability arising out of any
claim against them or either of them for contribution by any
alleged joint tortfeasor under the Uniform contribution
Tortfeasor's Act of the Commonwealth of Pennsylvania.
It is further understood and agreed that this is the
complete Release agreement and that there are no written or oral
understandings or agreements, directly or indirectly connected with
this Release and settlement that are not incorporated herein. This
agreement shall be binding upon and enure to the successors,
assigns, heirs, executors, administrators and legal representatives
of the respective parties hereto.
The undersigned hereby declares and warrants that she is
of legal age; that she is the natural parent and guardian and has
legal and physical custody of Theresa M. Coviello, a Minor; that
the terms of this settlement have been completely read, that she
has discussed the terms of this settlement with legal counsel of
choice; and said terms are fully understood and voluntarily
accepted for this purpose of making a full and final compromise,
Page 3 of 4
adjustment and settlement of any and all claims on account of the
injuries and damages above mentioned.
IN WITNESS WHEREOF, and intending to be legally bound
hereby, I have hereunto set my hand and seal this
day of
, 1997.
WITNESS:
(SEAL)
Roseann Coviello,
as parent and natural guardian of
Theresa M. Coviello, a minor
Page 4 of 4
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SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. PLAINTlFF/~
JAMES S. LANDIS
3 OEFENOANT/:I1
LEWIS E. GREEN
SERVE { 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ET~. TO OE SERVED
~ Lewis E. Green
..,.. 6. ADDRess (Slrool Of AFO, Apartment No , City, Dora. Twp , Slalo and ZIP Codel
AT 514 North pitt Street, Carlisle, PA
7. INDICATE UNUSUAL SERViCE: COMMON. OF PA. DEPUTIZE OTHER
240-6390
INSTRUCTIONS FOR SERVice OF PROCESS on 1ht f1....,.. of the lilt (No.
6) copy of ltIil form. PttIM type 01 pMl leQbIy. 00 not delAch any copItl,
2 counT NUMUEn
97-2408 CIVIL
4 TYPE OF WRIT on COMPLAINT
COMPLAINT
17013
19 _ , I, SHERIFF OF LANCASTER COUNTY, PA., do hereby dopulize tho Shoriff of
County 10 execute this Wrll and make return thereof according
to law. This deputalioR boing made at the request and risk 01 tho plaintill,
8. SPECIAL INSTHUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOITlNG SERVICE:
Now,
~,"llmf O. IAtlCA51111 COUIi'V
AN - Any deputy sherlll leVYing upon Of attaching any property undor
ssossion, ,lller nolllYlng pOIson 01 levy or allachmcnl. Without liability on
'moval 01 nny such property beloro sheriff's salo Ihereof
10, TELEPHONE NUMBER
(717) 299-0711
11. DATE
12..SENO.NOtlCE OE SERVICE COPY..JO NA"IE AND AOORESS.PE~Q.I'/;JTbll..reo U'l b'.~WJ!Ig)~_ll nolle. i. \0 bo m.II.<tl
Ne~l L. Aloert, ~squ~re, ZIMMERMAN, FANN~ti~~KER & NUFFORT
22 South Duke Street, Lancaster, PA 17602
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
NAME 01 Authorlzcd LeSD Doputy or Clerk 14_ Dale Receivod 15
13. I aCknowledge recoipt oltha Writ}
or complalnl 8S mdlcated above.
EllpirahonIHearing dale
16 I hereby CERTIFY and RETURN thai I have pCfsonally served. have legal OVldonco 01 SCr'oI'lCO as shown In "Rcm<,uks', have oloculcd as shown In
"Remarks', tho wnt or complamt described on tho IndiVidual, company. corporallon, cle. <11 the address sho....n above Of on tho mdiVldual, company, cor-
porallon. ole" allho address inserted below by handing a TRUE and ATIeSTED COPY Ihereol,
17. I hereby corllly and felurn a NOT FOUND because I am unablo 10 loc.,'o tho Individual. company, cOlporatlon, cle, named abovo (See remarks below)
18, Namo and Iltlo 01 Individual sorved (II nolstlown abo....e) (Rctallomihlp to Delendant) 19 A pm!>On 01 'Ullolblo ..yo .1r.d d,~rohlYl
lhen rOlld'OI} In !.he oolond.\nl'. usu.\l
placo of abode
20, Address 01 whoro served (complolo only II dlllerent !niln shOwn abovoj (Slreet Of RFD. Apartment NO. CIIy, Doro. Twp 21. Date 01 Servico 22. Time
Slate and ZiP Code)
AM
PM
EST
EDST
24. Advanco Costs
Miles Dop. Int.
Oep,lnl.
23 AnEMPTS
30, REMARKS:
I
I
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S.T.A.:
SO ANSWER,
31. AFFIRMED and subscnbod 10 boloro mo lhl!.
34 day 01
\9
31~luleof
Oep Shen"
J~ S"l'1<lluro 01 Shen"
3J Dale
J6 Dale
37.
Plolhoflfllary Ot>pul)' tlol,lry I'ullhc
SHERIFF OF LANCASTER COUNTY
MY COMMISSION EXPIRES
38, I ACKNOWLEDGE RECEIPT OF lHE SHERIFF'S RETURN SIGNATUREr
OF AUTHORIZED ISSUING AUTHORITY AND TI!L~ ____ ____ __ ____~__ ___
IJ~ (},IIO HO(e'~t>('\
lese. 1 . 1977 Arn,mood 19'n
1 ISStJlNG .,\UrHOHI!..
02112-69
11/14i97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 97-2408 CIVIL
LEWIS E. GREEN,
Defendant.
MOTION TO AMEND COMPLAINT
1. This action arises out of a automobile/motorcycle
accident which occurred July 25, 1996.
2. This action was commenced by the filing of Complaint on
May 7, 1997.
3. Defendant was served with a copy of the Complaint by the
Sheriff of Cumberland County on September 16, 1997.
4. No response has been received from Defendant nor from any
attorney acting on behalf of Defendant in the above-captioned
matter.
5. The ad danmum clause of the Complaint, through oversight
of counsel, asks for judgment against Defendant in the amount of
"$10,000.00, which sum exceeds applicable arbitration limits."
Since arbitration limits in Cumberland County exceed $10,000.00, it
was the intention of counsel to have the clause read "in excess of
$10,000.00, which sum exceeds applicable arbitration limits."
6. No party will be prejudiced by the amendment of the
Complaint.
02112-69
11/14197
\
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 97-2408 CIVIL
LEWIS E. GREEN,
Defendant.
PROOF OF SERVICE
I, Neil L. Albert, Esquire, hereby certify that on November
14, 1997, I did cause a true and correct copy of the foregoing
Motion to Amend Complaint to be served upon the person(s) and in
the manner(s) indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure and the
Cumberland County, Pennsylvania, Rules of Civil Procedure.
Service by first class mail addressed as follows:
Lewis E. Green
514 North Pitt Street
Carlisle, PA 17013
Neil L. Albert, Esquire
Attorneys for Plaintiff
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
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02112-69
11/14/97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 97-2408 CIVIL
LEWIS E. GREEN,
Defendant.
ORDER
AND NOW, this
day of
, 1997, upon
consideration of the within Motion, the Motion is hereby granted
and Plaintiff is granted leave to file an amended Complaint in
accordance with the prayer of the Motion.
BY THE COURT:
J.
ATTEST:
02112-69
11/14/97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 97-2408 CIVIL
LEWIS E. GREEN,
Defendant.
MOTION TO AMEND COMPLAINT
1. This action arises out of a automobile/motorcycle
accident which occurred July 25, 1996.
2. This action was commenced by the filing of Complaint on
May 7, 1997.
3. Defendant was served with a copy of the Complaint by the
Sheriff of Cumberland County on September 16, 1997.
4. No response has been-received from Defendant nor from any
attorney acting on behalf of Defendant in the above-captioned
matter.
5. The ad danmum clause of the Complaint, through oversight
of counsel, asks for judgment against Defendant in the amount of
"$10,000.00, which sum exceeds applicable arbitration limits."
Since arbitration limits in Cumberland County exceed $10,000.00, it
was the intention of counsel to have the clause read "in excess of
$10,000.00, which sum exceeds applicable arbitration limits."
6. No party will be prejudiced by the amendment of the
Complaint.
. i
,
02112-69
11/14/97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 97-2408 CIVIL
LEWIS E. GREEN,
Defendant.
PROOF OF SERVICE
I, Neil L. Albert, Esquire, hereby certify that on November
14, 1997, I did cause a true and correct copy of the foregoing
Motion to Amend Complaint to be served upon the person(s) and in
the manner(s) indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure and the
Cumberland County, Pennsylvania, Rules of Civil Procedure.
Service bv first class mail addressed as follows:
Lewis E. Green
514 North Pitt Street
CarliSle, PA 17013
Neil L. Albert, Esquire
Attorneys for Plaintiff
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
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02112-69
11/14/97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 97-2408 CIVIL
LEWIS E. GREEN,
Defendant.
MOTION TO AMEND COMPLAINT
1. This action arises out of a automobi1e/motorcycle
accident which occurred July 25, 1996.
2. This action was commenced by the filing of Complaint on
May 7, 1997.
3. Defendant was served with a copy of the Complaint by the
Sheriff of Cumberland County on september 16, 1997.
4. No response has been'received from Defendant nor from any
attorney acting on behalf of Defendant in the above-captioned
matter.
5. The ad danmum clause of the Complaint, through oversight
of counsel, asks for judgment against Defendant in the amount of
"$10,000.00, which sum exceeds applicable arbitration limits."
Since arbitration limits in Cumberland County exceed $10,000.00, it
was the intention of counsel to have the clause read "in excess of
$10,000.00, which sum exceeds applicable arbitration limits."
6. No party will be prejudiced by the amendment of the
Complaint.
02112-69
11/14/97
VERIFICATION
DATED:
I Neil L. Albert, Esquire, verify that the statements made in
the foregoing Motion to Amend Complaint are true and correct to the
best of my knowledge, information, and belief. I further verify
that I counsel for Plaintiff, James S. Landis and that as such, I
am authorized to make this Verification on his behalf. I
understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. S4904 relating to unsworn falsif cation to
authorities.
02112-69
11/14/97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 97-2408 CIVIL
LEWIS E. GREEN,
Defendant.
PROOF OF SERVICE
I, Neil L. Albert, Esquire, hereby certify that on November
14, 1997, I did cause a true and correct copy of the foregoing
Motion to Amend Complaint to be served upon the person(s) and in
the manner(s) indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure and the
Cumberland County, Pennsylvania, Rules of Civil Procedure.
Service by first class mail addressed as follows:
Lewis E. Green
514 North Pitt Street
Carlisle, PA 17013
Neil L. Albert, Esquire
Attorneys for Plaintiff
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
02112-69
11/14/97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs.
No. 97-2408 CIVIL
LEWIS E. GREEN,
Defendant.
MOTION TO AMEND COMPLAINT
1. This action arises out of a automobilelmotorcycle
accident which occurred July 25, 1996.
2. This action was commenced by the filing of Complaint on
May 7, 1997.
3. Defendant was served with a copy of the Complaint by the
Sheriff of Cumberland County on September 16, 1997.
4. No response has been received from Defendant nor from any
attorney acting on behalf of Defendant in the above-captioned
matter.
5. The ad danmum clause of the Complaint, through oversight
of counsel, asks for judgment against Defendant in the amount of
"$10,000.00, which sum exceeds applicable arbitration limits."
Since arbitration limits in Cumberland County exceed $10,000.00, it
was the intention of counsel to have the clause read "in excess of
$10,000.00, which sum exceeds applicable arbitration limits."
6. No party will be prejudiced by the amendment of the
Complaint.
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02112-69
12/16/97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S, LANDIS,
Plaintiff,
vs.
No, 97-2408 CIVIL
LEWIS E, GREEN,
Defendant,
AND NOW, this
~d.:~:R~
, 19'i1
upon consideration of the within Motion, the Motion is hereby
granted and Plaintiff is granted leave to file an amended Complaint
in accordance with the prayer of the Motion,
BY THE COURT:
ATTEST:
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02111-40
01/20/98
IN THE COURT OF PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S, LANDIS,
Plaintiff,
vs,
No, 97-2408 CIVIL
LEWIS E, GREEN,
Defendant.
AMENDED COMPLAINT
1, Plaintiff is James S, Landis, an adult individual residing
at 91 Scotland Road, Quarryville, Lancaster County, Pennsylvania
17566,
2, Defendant is Lewis E, Green, an adult individual residing
at 452 North West Street, Carlisle, Cumberland County, Pennsylvania
17013.
3, On or about July 25, 1996, at approximately 5:30 a,m.,
Plaintiff was operating a motorcycle southbound on State Route 81,
southbound in East pennsboro Township, Cumberland County,
Pennsylvania,
4, At an unknown time prior to the time in question,
Defendant had operated a 1994 Toyota Camry, bearing Pennsylvania
vehicle registration ALA1854, southbound on State Route 81 and
stopped said vehicle in the right-hand southbound lane,
5, Following his stopping of the vehicle, Defendant went to
sleep,
02111-40
01/20/98
6. Defendant left his vehicle in the lane of traffic with no
parking lights or emergency lights to indicate his presence, even
though it was dark,
7. The accident occurred when another southbound vehicle, a
1989 Dodge Dynasty bearing Pennsylvania vehicle registration
AL00026, being operated by Daniel W. Dreese, struck the rear of
Defendant's parked vehicle, Mr, Dreese lost control of his vehicle
following the accident and the vehicle entered the middle lane,
striking Plaintiff's motorcycle.
8, As a result of the accident, Plaintiff sustained serious
personal injuries, including injuries to his abdomen, face, right
thumb, ribs, neck, spine, and arms,
9, As a result of his injuries, Plaintiff was hOBpitalized
and was forced to undergo numerous medical procedures and incur
numerous medical bills for all of which damages are claimed,
10, As a result of the accident, Plaintiff sustained damage to
personal property including damage to his motorcycle, to the
clothing and eyeglasses he was wearing, including his helmet, for
which damages are claimed.
11, As a result of the accident, Plaintiff suffered pain,
sleeplessness, discomfort, diminishment of life's pleasures and a
disruption of his daily routine, for all of which damages are
claimed,
12, As a result of his injuries, Plaintiff will suffer
scarring at the site of the bridge of his nose and also as a result
of abdominal surgery made necessary to repair a hernia caused by
the accident,
-2-
02111-40
01/20/98
13, As a result of the accident, Plaintiff sustained the loss
of wages and has been unable to engage in gainful employment,
14, The accident was due to the negligence of Defendant Green,
15. The Defendant was negligent in one or more of the
following particulars:
A, In parking his vehicle on the roadway;
B, In failing to eliminate his vehicle;
C, In failing to warn persons, such as the Plaintiff, of
the existence of his vehicle in the roadway;
D. In operating while under the influence of alcohol to a
degree which would render him incapable of safe driving; and
E, In failing to obey the provisions of the Pennsylvania
Motor Vehicle Code regarding proper parking of motor vehicles,
WHEREFORE, Plaintiff demands judgment against Defendant in an
amount in excess of $25,000,00, which sum exceeds applicable
arbitration limits, plus interest related to the accident, plus
costs of suit,
Respectfully submitt d,
ZIMMERMAN,
By,
Neil L, Albert, Esquire
Attorneys for Plaintiffs
Attorney I,D. #23368
22 South Duke Street
Lancaster, Pennsylvania 17602
Telephone No, (717) 299-0711
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02112-69
01/20/98
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S, LANDIS,
Plaintiff,
vs,
No. 97-2408 CIVIL
LEWIS E, GREEN,
Defendant,
PROOF OF SERVICE
I, Neil L, Albert, Esquire, hereby certify that on January 20,
1998, I did cause a true and correct copy of the Order entered by
the Honorable George E, Hoffer on December 31, 1997, granting leave
to Plaintiff to file and amended Complaint to be served upon the
person(s) and in the manner(s) indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil
Procedure and the Cumberland County, Pennsylvania, Rules of Civil
Procedure.
Service by first class mail addressed as follows:
Lewis E, Green
514 North Pitt Street
Carlisle, PA 17013
ZIMMERMAN,
eil L. Albert, Esqurre
Attorneys for Plaintiff
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
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02112-69
01/20/98
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES S. LANDIS,
Plaintiff,
vs,
No. 97-2408 CIVIL
LEWIS E, GREEN,
Defendant,
PROOF OF SERVICE
I, Neil L. Albert, Esquire, hereby certify that on
January 30, 1998 _' I did cause a true and correct copy of the
Amended Complaint to be served upon the person(s) and in the
manner(s) indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure and the Cumberland
County, Pennsylvania, Rules of Civil Procedure.
Service by first class mail addressed as follows:
Lewis E, Green
514 North Pitt Street
Carlisle, PA 17013
ZIMMERMAN,
il L. Albert, Esquire
Attorneys for Plaintiff
22 South Duke Street
Lancaster, PA 17602
(717) 299-0711
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2. The applicablc Statute of Limitations may havc expircd prior to thc institution of
this action,
3. Answcring Dcfendants were not ncgligcnt.
4. Any acts or omission of Answcring Defcndants alleged to constitutc ncgligcncc wcre
not substantial causcs or factors of the subjcct incident and/or did not result in the injuries and/or
losscs allcged by thc Plaintiff.
5. The incidcnt and/or damages dcscribcd in Plaintiffs Complaint may have bccn
causcd or contributed to by thc Plaintiff.
6. Thc ncgligcnt acts or omissions of othcr individuals and/or cntitics may have
constitutcd intervcning, superscding causes of thc damagcs and/or injuries allegcd to havc bccn
sustaincd by the Plaintiff.
7, The Plaintiff may have assumcd thc risk.
8. The Plaintiff may have bcen contributorily ncgligcnt.
9, The incident, injuries and/or damagcs alleged to have bccn sustaincd by thc Plaintiff
wcre not proximately causcd by Answering Dcfendant.
10, Plaintiff may not have propcrly mitigated hcr damagcs.
-2-
VERIFICATION
LAWRENCE F, BARONE, ESQUIRE, states that he is the attorney for the party serving the foregoing
document; that he makes this affidavit as an attorney because he has sufficient knowledge or infornlation and
belief, based upon his investigation of the matters averred or denied in the foregoing document; that time is
of the essence in the filing of this document; and that this statement is made subject to the penalties ofPa. c.s.
94904, relating to unsworn falsification to authorities.
Date:
~
i-, ~"-
,-
84682/01007 - Landis
CERTIFICATE OF SERVICE
I, Jamie M, Dengler, an employee for the law finn Post & Schell, P.C., hereby slate
that a true and correct copy of the foregoing Answer with New Maller to Plaintifl's Complaint was
served upon all counsel of record by first class United States mail, postage prepaid, addressed as
follows, on the date set forth below:
By Fir~t Cla~~ 11 SMail:
Neil Albert, Esquire
22 South Duke Street
Lancaster, PA 17602
pr-T & SCHELL, P.C,
C" tn1~ ('Crt ~t n~(v<
Jamie M, Dengler
Dated: 5 \ Ie"":) \ q ~
ORIGINAL
POST & SCHELL, P.C.
BY: LAWRENCE F, BARONE, ESQUIRE
I.D. II 68921
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717) 731-1970
ATTORNEYS FOR DEFENDANT
LEWIS E. GREEN
JAMES S. LANDIS
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plainti ff,
v.
NO: 97-2408
LEWIS E, GREEN
CIVIL ACTION - LAW
Defendant,
v,
JURY TRIAL DEMANDED
DANIEL W, DREESE,
Additional Defendant.
NOTICE
TO: Daniel W. Dreese
R,R, III, Box 3050
McAlIisterville, PA 17049
You have been sued in Court, If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days aftcr the Complaint and Notice are
served, by entering a written appearance or objections to the claims sct forth against you. You arc
warncd that if you fail to do so. the case may proceed without you and ajudgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for any
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.
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, PA 17101
3, Additional Dcfcndant approachcd Dcfcndant Jamcs Landis' vchiclc from thc rcar
striking Dcfcndant Landis' vchiclc, Additional Dcfcndant Danicl Drecsc thcn swcrvcd his
vchiclc into thc lanc of oncoming traffic. Plainti IT Jamcs S. Landis thcn struck thc lcft rcar of
Additional Dcfcndant Drcesc's vchiclc.
4, In its Answer and Ncw Mallcr to thc Amcndcd Complaint, Dcfcndant Lcwis E.
Grccn alleges that the negligent acts or omissions of othcr individuals and/or entities may havc
eonstituted intervening, superseding causes of the damages and/or injuries alleged to have bcen
sustained by the Plaintiff. A copy of the Answer and New Maller to Plaintifrs Amended
Complaint is attached hereto and made a part of this Complaint against Additional Defendant, as
Exhibit "B".
5, Additional Dcfendant would be responsible for any damagcs alleged in Plaintifrs
Complaint if Plaintiffs are suecessful in proving the allegations of his Complaint.
6, Should it be detemlined that Defendant Lewis E, Green, is in any way responsible
for Plaintifrs alleged damages, then the Additional Defendant Daniel W. Drecse is either solely
liable to PlaintifT, or jointy and scvcrly Iiablc to Plaintiff with Dcfcndant Lcwis E. Grccn or is
liablc ovcr Dcfcndant Lewis E, Grecn for indcmnity and/or contribution,
-3-
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CERTIFICATE OF SERVICE
AND NOW, this ~ f1 day of , 199~, I, Coleen M.
Hartman of the law firm of Thomas, Thomas & Hafer, hereby certify thaI I sent a true
and correct copy of the foregoing document by placing a copy of the same in the United
States Mail, postage prepaid, to the following:
Lawrence F. Barone, Esq,
Post & Schell, P,C,
240 Grandview Avenue
Camp Hill, PA 17011
Neil L. Albert, Esq,
Zimmerman, Pfannebecker & Nuffort
22 South Duke Street
Lancaster, PA 17602
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response, the allegations contained in Defendant's Answer with New Maller speak for
themselves,
5, Denied, It is specifically denied that Additional Defendant is in any way
responsible for any damages alleged in Plaintiffs Complaint if Plaintiff is successful in
proving the allegations of his Complaint. Any and all other allegations contained in
paragraph 5 are specifically denied and strict proof thereof is demanded at time of trial.
6, Denied, II is specifically denied that if Defendant is in any way responsible
for Plaintiffs alleged damages, then Additional Defendant is either solely liable to
Plaintiff, or jointly and severally Iiablll to Plaintiff with Defendant Lewis E. Green or is
liable over 10 Defendant Lewis E. Green for indemnity andlor contribution.
WHEREFORE, Additional Defendanl Daniel W. Dreese respectfully requests that
judgment be entered in his favor and against Defendant Lewis E. Green,
NEW MATTER PURSUANT TO Pa.R.C.P. 2252
7, Defendant incorporates by reference its responses to paragraphs 1
through 6 above as though fully set forth herein.
8, Additional Defendant denies any liability to the Plaintiff on lhe claims of the
Plaintiff as set forth in his Complaint against Defendant.
9, If it is judicially determined that the allegations in the Plaintiffs Complaint
permit a claim of recovery, then in such event, Defendant Lewis E. Green is alone liable
to the Plaintiff and no liability to rest wilh Additional Defendant Daniel W. Dreese,
10, If it is determined that Additional Defendant is in any way liable to Plaintiff
for any damages which Plaintiff may have sustained, the existence of such liability being
expressly denied, then in such evenl, Additional Defendant avers that Defendanl Lewis
E. Green is jointly liable with Additional Defendant to the Plaintiff, or is liable Over by
way of contribution and indemnification to Additional Defendant for any verdict
recoverable by Plaintiff,
11, If Additional Defendant is in any way found to be liable to the Plaintiff on
the claims of Plaintiff, the existence of any liability being expressly denied, then in such
event, Defendanl Lewis E, Green is liable over to Additional Defendant for
indemnification on any verdict.
WHEREFORE, Additional Defendant Daniel W. Dreese, joins Defendant Lewis
E. Green pursuant to Pa,R.C,P, 2252(d), to protect Additional Defendant's right of
contribution, liability over and indemnification from Defendant and requests the Court to
find said Defendant liable over by way of contribution and/or indemnification for any
verdict against Additional Defendant.
Respectfully submitted,
by:
THOMAS, THOMAS & HAFER, LLP
b5,~
Brooks R. Foland, Esquire
I.D. No, 70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
:21960,1
Attorneys for Additional Defendant
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JUN 2 1 1999 J
Y
POST & SCIIELL, P,C,
BY: PAUL W. GREGO, ESQUIRE
J.D. /I 39701
240 GRANDVIEW A VENUE
CAMP IIILL, PA 17011
(717)731-1970
ATTORNEYS FOR DEFENDANT
LEWIS E. GREEN
JAMES S. LANDIS
Plaintiff,
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v,
NO: 97-2408
LEWIS E, GREEN
CIVIL ACTION - LAW
Defendant,
JURY TRIAL DEMANDED
ORDER
II
II
I
i
AND NOW, TO WIT, this S" day of 1~
of the Motion of Defendant, Lewis E, Green, it is hereby,
, 1999, upon consideration
IT IS HEREBY ORDERED that Defendant's Motion is GRANTED, Plainliffs are to
provide full and complete responses to the outs landing Interrogatories and Request for Production
of Documents l'ly ~1.l3n'ch..,,,t! fJulII ;lIl1ududng testiA19RY. iR~lutli~g "xpf:rt ~,.:itRe~3 te:Jtiffl8RY,
IIttria1,~!;,"dillb ,~,"I,). Plaintiffs are to produce said discovery responses within twenty (20) days
.rc.w I 'U. '1
of the date oflhis order or suffer the possibility of sanctions, upon further motion by Moving
Defendant.
BY THE COURT.
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POST & SCHELL, P,C,
BY: AMY L. CORYER, ESQUIRE
I.D, 1182718
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717)731-1970
ATTORNEYS FOR DEFENDANT
LEWIS E. GREEN
1
I! JAMES S, LANDIS
II
v.
LEWIS E. GREEN
Plaintiff,
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 97-2408
CIVIL ACTION - LAW
Defendant,
II
,I
II
JURY TRIAL DEMANDED
DEFENDANT LEWIS E, GREEN'S
MOTION TO COMPEL ANSWERS TO OUR
INTERROGATORIES AND REQUEST FOR PRODUCTION
DIRECTED TO PLAINTIFF
I'
.1
I,
II
AND NOW, comes Defendant Lewis E, Green, by and through their attorneys, POST &
SCHELL. P.C, and for its Motion to Compel Plaintiffs to file responses thereto, states as follows:
1, Plainti ff filed the instant negligence action on or about April 22, 1998.
2, On January 18, 1999, moving Defendant served Plaintiff with Interrogatories and
Request for Production of Docul11ents in accordance with Pa. R,C,P. 4005 and Pa, R.C.P, 4009,11.
I'
I'
"
II
II
I,
(See Exhibit "A"),
3. Plaintiff has failed to respond in any fashion to the Defendant's discovery requests
within thirty (30) days,
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exhibit A
.
POST & SCIIELL, I',C.
BY: PAUL W. GREGO, ESQUIRE
1.0, /I 39701
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717)731-1970
A TfORNEYS FOR DEFENDANT
LEWIS E. GREEN
JAMES S. LANDIS
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
,"
v.
LEWIS E, GREEN
NO: 97-2408
.
CIVIL ACTION - LAW
Defendant,
JURY TRIAL DEMANDED
INTERROGATORIES PROPOUNDED UPON PLAINTIFF
BY DEFENDANTS
PLEASE BE ADVISED that you are required, pursuant to Pa. R,C.P. Nos. 4005 and 4006, as
amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and
.
under oath, to the following Interrogatories within thirty (30) days after service oflhe Interrogatories,
The Answers shall be inserted in the space provided, If there is insufficient space to answer an
Interrogatory, the remainder of the Answer shall follow on a supplemental sheet.
'!
,
(a) its datc;
(b) thc placc whcrc it occurrcd;
(c) its substancc;
(d) thc idcntity ofthc pcrson who madc thc communication;
(c) thc idcntity of cach pcrsonto whom such communication was madc; and
(I) thc idcntity of each pcrson who was prcscnt whcn such communication was
....
madc;
(3) A corporatc cntity:
(a) its full corporatc namc;
(b) its datc and placc of incorporation, if known; and
(4) any othcr contcxt: a dcscription with sufficicnt particularity that thc thing may
thcrcaftcr bc spccificd and rccognizcd, including rclcvant datcs and placcs, and thc
idcntification of rclcvant pcoplc, cntitics, and documcnts.
"Incidcnt" mcans thc occurrcncc that fom1s thc basis of a causc of action or claim for rclicf
sct forth in thc complaint or similar plcading,
"Pcrson" mcans a natural pcrson, partncrship, association, corporation, or govcrnmcnt
agcncy,
Standard Instruction, Thc following instructions arc applicablc to thcsc standard
intcrrogatorics:
(1) Duty to answcr, -- Thc intcrrogatorics arc to bc answcrcd in writing, vcrificd,
and servcd upon the undersigncd within 30 days ofthcir service on you, Objections must be signcd
-3-
INT.:nnOGATOnv NO.2: Arc you marricd atlhc prcscnt timc and, ifso:
a, Givc your spousc's full namc.
b. 1 f a fcmalc, hcr maidcn namc,
....
c. The datc and placc of your marriagc.
.
d, Statc whcthcr or not your spousc is now living with you.
c, If not, whcn thc scparation occurrcd; and
f. Vour spousc's prcscnt addrcss.
-6-
f, For cuch cmploycr, whcthcr or not you mudc uny rcprcscntations in writing or
unswcrcd in writing any qucstions conccming your physicul condition.
g, Thc name of your immcdiate boss, forcman, orothcr superior to whom you were
rcsponsible at cach of the place of employmcnt listed above.
....
-9-
INTEIUWGATORV NO. 10: Whal is your social security number"
4...
-16-
f. Ifso, the nature and exlenl of such disability,
g. Whether or nol you had any disability at the time of the incident described in the
Complaint.
.....
h, If so, the nature and ex ten 1 of such disability,
-19-
i,
II
,
f. The lUlture of your injuries and complaints at the lime you were examined andlor
treated by said physician.
g. Whether or not said physician has rendered n medical report in connection with
the aforesaid earc'lllid treatment.
-28-
INTERROGATORY NO. 21: Have you ever been arrested for any crime other than n
traffic violation? If so, please state:
a. The nature ofthc offense.
b. The date.
.....
.
e. The county in which you were arrested.
d. The disposition of the charge against you.
-30-
INTEIUWGA TORY NO. 22: Did you consume any alcoholic beverage of any type, or any
sedativc, tranquilizer or other drug, medieinc, or pill during thc 24 hours immediately preceding the
incident described in the Complaint? Ifso, please statc:
....
a. The nature, amount and type of item consumed.
b. The amount of time over which consumed.
c. The names and addresses of any and all persons who havc any knowledge as to
the consumption of these items.
-31-
INTERIWGA TORY NO. 25: Please stale whether or not prior to the dale of thc incidcnt
described in your Complaint you had any disabilities or physical impaimlents. Ifso, pleasc state:
a. The nature and extent of the disability and impairment.
,"
b. The length oftimc you had this disability andlor impairment.
c. The effect the disability or impairment had on your daily activities.
d. The effect which the physical disability or impairmcnt had on your operation of
an automobilc.
-34-
INTERROGATORY NO. 26: Please give the number of your driver's licensc, the date of
issuc, and describc the rcstrictions, if any, under which you operate a motor vehicle.
.....
.
-35-
INTERROGATORY NO. 27: State whether you, your allorncy, your insurance carrier, or
anyone acting on their behalf obtained statements in any foml from any persons regarding any of the
events or happening that occurrcd at the scene of the incident referred to in the Complaint
immediately before, at the time of, or immediately after said regarding and, if so, state:
a. The name and address of the person from whom any such statement were taken.
....
b. Thc dates on which such statcmcnts wcre taken.
c. Thc names and addrcsses of thc pcrsons and cmploycrs of such persons who took
such statcmcnls.
d. The namcs and addrcsses of the pcrsons having custody of such statcments.
-36-
INTEIUWGATOIW NO. 211: Statc thc namcs and addrcsses of any and all proposcd
expert witncsscs and thc technical field in which you claim they arc an expcrt.
.....
-38-
INTERROGATORY NO. 29: Do you, your allomey, your insurance carricr or anyone
acting on your or their behalf, have or know of any photographs, motion pictures, maps, drawings,
diagranls, measuremcnts, survcys or other descriptions conceming the cvents and happenings allegcd
in thc Complaint, the sccnc ofthc accident, or the areas or persons or vchiclcs involvcd made cither
bcforc, aftcr, or at the timc ofthc evcnts in qucstion, including any photographs made ofthe plaintiff
at anytime since the ineident rcferrcd to in thc Complaint and, if so, as to cach such item, statc:
".,
a. Its nature.
.
b. Its spccific subjcct mattcr.
c. The date it was madc or taken.
-39-
INTImROGA TORY NO. 30: Plcase give thc name and address of cach physician or
medical practitioncr who has examined andlor treatcd you as a result of the accident or for thc
injurics dcscribcd in your Complaint, and plcase state with regard to each such physician or medical
practitioner:
a. Thc first date on which you were cxamined andlor trcated by caeh.
.....
b. Thc number of occasions you were cxamined andlor trcaled by each.
c. The last datc on which you were examined andlor trcatcd by each.
d. The nature of thc treatment rendercd by cacho
e. Whether or not a medical report has bccn rendcred in conncction with thc said care
and trcatment.
-41-
INTERlWGATORY NO. 32: (fyou rcceived treatment at any hospital in connection with
the injuries allegedly suffercd, please state:
a. The name and addrcss of cach hospital at which you wcrc so treated andlor
admitted.
....
b. The dates on which said treatment was rcndercd, including the dates of entry into
and discharge from said hospital or hospitals.
c. The name and address of the physicians who attendcd you at said hospital or
hospitals.
-43-
INTERROGATORY NO. 33: Havc you, as a result of the injurics described in your
Complaint, worn any lype of brace, corset, cervical collar, support, or any type of orthopedic
appliancc?
If so, statc:
a. The name of the doctor who fittcd or prcscribed said appliance.
b. 'Describe the appliance and state its cost.
c. When did you start wearing said appliancc.
d. When did you stop wcaring said appliance.
e. Was said appliance worn constantly or intcrmittcntly during the foregoing period
and, ifboth, slate the period in which it was worn constantly.
-44-
INTERROGATORY NO, 35: With rcgard to the accident and injuries described in your
Complaint in the above-numbercd and entitled action, please state:
a. Thc nature and frequcncy of any prcscnt complaints rcsulting from said accident
andlorinjury, if any.
....
b. The nature and extcnt of any disability.
c. Dcscribc in detail the location of the pain you suffer and the duration and intensity
of such pain.
d. Whether or not you suffer any restraint of your normal activitics due to the
aforesaid injurics.
-46-
INTEImOGA TORY NO. 37: lIavc YOll cvcr becn involved in any othcr lawsuits, cither
as a dcfcndant or as a plaintiff! Ifso, slate:
a. The datc and placc caeh such action was filcd, giving the name of lhe court, the
namc of the othcr party or partics involved, the numbcr of such action, and the namcs of the
attorneys rcprcsenting cach party.
b. A description ofthc nature of cach such action.
....
c. Thc rcsult of cach such action, whcther or not thcre was an appeal and the result
of the appeal, and whether or not such case was reported, and the namc, volumc, and page citation
of such rcport.
Respectfully submittcd,
POST & SCHELL, P.C.
Dale: I~ 18 ~9~
-49-
84682/0 I 007 - Landis
CERTIFICATE OF SERVICE
!, Angela M. Flynn, an cmployec for the law firm Post & Schell, P.C., hercby statc
that a true and correct copy ofthc foregoing Intcrrogatories to Plaintiff was served upon all counsel
ofrccord bX.!irst class United States mail, postage prepaid, addressed as follows, on thc date set forth
bclow:
.....
By First Class U.S. Mail:
Neil Albert, Esquire
22 South Dukc Strect
Lancaster, P A 17602
Brooks Foland, Esquire
THOMAS, THOMAS & HAFER
305 North Front Street
Sixth Floor
P.O. Box 999
Harrisburg, P A 17108
POST & SCHELL, P.C.
~Q.~-'--\ "0
Angela M. nn
Dated: \ \ \ 'f$ \'\ ~
.~
-12-
.f
POST & SCIIELL, I',C,
I3Y: PAUL W. GREGO, ESQUIRE
J.D. 1139701
240 GRANDVIEW A VENUE
CAMP HILL, PA 17011
(717)731-1970
ATTORNEYS FOR DEFENDANT
LEWIS E. GREEN
JAMES S. LANDIS
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff,
,,-
v.
NO: 97-2408
LEWIS E. GREEN
CIVIL ACTION - LAW
Defendant,
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS
UNDER P,R.C.P, NO, 4009
DIRECTED TO PLAINTIFFS
Pursuant to P.R.C.P. 4009, you arc hercby requested to produec the below-listed documents
and/or items for purposes of diseovcry. This matcrial will bc cxanlined andlor photoeopicd,
,
photograph negatives will be processed and photographs reproduecd. Said documents or tangible
things arc to bc produced at thc offices of Post & Schell, P.C., 101 North Front Strcct, Harrisburg,
PA 17101 within thirty (30) days of lhe datc of servicc hereof and supplemcnted thcreafter in
aceordanec with P.R.C.P. 4009.
I. TIle entirc contents of any investigation file or files and any other documentary
matcrial in your possession which support or rclate to thc allegations of Plaintiffs' Complainl
(excluding refcrcnees to mental impressions, conclusions or opinions rcgarding thc values or merit
of the claim or defcnse or respecting stratcgy or tactics and privilcged communication from and to
counsel).
....
.
.~
-2-
NOTE: As referrcd 10 hercin "document" includes wrillen, prinled, typed, rceorded,
or graphic matter, howcver produecd or rcproduccd, including corrcspondcnce, lelcgrams, other
written communications, data proccssing storage units, tapes, contracts, agrccments, notes,
Illclllomnda, analyscs, projections, indices, work papcrs, studies, rcports, surveys, diaries, calendars,
films, photographs, diagrams, drawings, minutes or mectings, or any othcr writing (including copies
of any ofthc forcgoing, rcgardless ofwhcthcr you arc now in posscssion, custody, or control ofthc
original) now in your possessions, custody or control, your former or present eounscl, agents,
cmployces, officers, insurcrs, or any othcr person acting on your behalf.
POST & SCHELL, P.C.
.'"
PAUL W. GREGO, ESQ
Attorney for Defendant
Date:
I-I S -q C)
-11-
exhibit B
0."<0',',.,, '"
exhibit C
o
. .
-- - _..._'" . - -0 .
. .
84682/01007 - Landis
CERTIFICATE OF SERVICE
!, Angela M. Flynn, an employec for the law firm Post & Schcll, P.C., hcreby state
that a truc and eorrcet copy ofthc forcgoing Motion to Compcl was scrved upon all counsel of record
by first class Unitcd States mail, postagc prepaid, addrcssed as follows, on thc date set forth below:
By First Class U.S. Mail:
Neil Albert, Esquirc
22 South Dukc Strcet
Laneastcr, P A 17602
Daniel W. Dreese
R.R./l1, Box 3050
McAllistcrvillc, P A 17049
POST & SCHELL, P.C.
Angcla M. Flynn
Datcd:
-4.
.... (~
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CERTIFICATE OF SERVICE
I, Rcbeeca S. Rusbateh, an cmployee for thc law firnl Post & Schell, P.C., hercby
state that a true and corrcct copy of the forcgoing documcnt was scrved upon all eounscl ofrceord
by first class United Statcs mail, postagc prcpaid, addrcsscd as follows, on thc date sct forth bclow:
By First Class lJ.S, Mail:
Neil Albcrt, Esquirc
22 South Duke Strect
Laneastcr, P A 17602
Brooks R. Foland, Esquire
Thomas, Thomas & Hafer
P. O. Box 999
Harrisburg, P A 17108-0999
POST & SCHELL, P. C.
Date: 9/23/99
Ijl,WvL,
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