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HomeMy WebLinkAbout97-03211 ,- ~ \' " t ~ I i ~ I i- ~ ~ ~ "- "- ". \ , \ I / I ( , ~ '" . . .~ , CJ - .... 'i C1) / , ( . t"-' Q- .{ . -~'7 :" ;~. <~', "_:-'i', q: ., i- 't.~ -~x' ".1 ::;i""1 ~J j ;:-4 ] ",i "1 '.1 >- U. .... I, ~~: r.:", , Ci:~ ;~ ~f ~WL ~ rt" r~ 'L a C') C. .'. 1"4 r.': ; ~ ! ;1; I., ~ 1:;': ~:~ .J~? ',.r. . ') ~l] '-.:..1.. :::j u =.; -, r- 0' t J 't ~~ ~ ~ o :r- -..:1 "'" \ ' .I) , . ri -4 ~ <;;) ,-;) ./> v,' ~ 'l'\' ~ -- -- '" r" ~ ~ Jj Jj tLj / I n iJ. <,:> (91 Z ,J~~fIf~-W<sl. 1.-< If- , (,f' J I ~{ic ,,\ - 0:: W Z W :>. g > u - fI ~ " " Q ~C~!::-O . z .. - C l\l ... ~ u. il o <( ,,)( 1'1 ~ ~ggN ja:IO~~ w ~ Q. ~ ~ -.J M If- o ~ z cl: I JOSEPH K. NEHRT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: Q7-3J.1I ~ T~ CIVIL ACTION - LAW JODIE A. WITMER and RICKIE S. BEVAN, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attOl"llE-Y and filing in writing with the Court your defenses or obJect lens cO the claims set forth against you. You are warned that if you Ldl: to do so the case may proceed wi thout you and a judgment tl1ay be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 B WIENER thew S. Crosby, 319 Market Stree P. 0, Box 1177 Harrisburg, PA (717) 238-2000 Date: C-!;-Cj? taf\complalnt\nehrt.mva JOSEPH K. NEHRT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q7- 3;),/1 ~ T.l/Imo- CIVIL ACTION - LAW v. JODIE A. WITMER and RICKIE S. BEVAN, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, JOSEPH K, NEHRT, by and through his attorneys, HANDLER & WIENER, and makes the within Complaint against the Defendants, JODIE A. WITMER and RICKIE S, BEVAN, as follows: 1. Plaintiff, Joseph K. Nehrt, is an adult individual currently residing at 501 Windy Hill Road, Lot Number 1, Shermansdale, Perry County, Pennsylvania, 17090. 2. Defendant, Jodie A. Witmer, is an adult individual currently residing at 445 North Second Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. 3. Defendant, Rickie S. Bevan, is an adult individual currently residing at 445 North Second Street, Wormleysburg, Cumberland County, Pennsylvania, 17043, 4, At all times material hereto, Defendant, Jodie Witmer, was operating a 1994 Saturn SC, Pennsylvania Registration Number ANA9711. 5. At all times material hereto, Defendant, Rickie Bevan, owned the same 1994 Saturn SC, Pennsylvania Registration Number ANA9711. 6. At all times material hereto, Plaintiff had elected a full tort coverage in his motor vehicle insurance policy that was in effect at the time of the collision. 7. On or about January 20, 1996, at approximately 12: 00 a,m" Plaintiff, an employee of Int~rstate Towing and Recovery, was in the course and scope of his employment, preparing to tow a disabled vehicle on the northern berm of Route 581 westbound. The emergency lights of Plaintiff's tow truck were on and a police cruiser was parked directly behind the disabled vehicle with its emergency lights activated. 8. At approximately the same time and place, Defendant, Jodie Witmer, approached the aforementioned portion of Route 581 westbound and suddenly, without any warning, failed to stop or move to the left lane and struck Plaintiff's body. 9. After striking Plaintiff, Defendant, fled the scene of the impact and proceeded onto Route 15 North, at which time a police officer stopped her. 10. Defendant was arrested and transported to Holy Spirit Hospital to obtain a legal blood sample. 11. Defendant was cited for driving under the influence of alcohol, in violation of 75 Pa,C.S.A. ~3731 of the Pennsylvania Motor Vehicle Code, and pled nolo contendere to that charge. 12. As a direct and proximate result of the negligence of the Defendants, Jodie Witmer and Rickie Bevan, plaintiff sustained extensive and serious personal injuries requiring medical 2 treatment shortly after the collision and continuing medical treatment. 13. Plaintiff believes, and therefore avers, that Defendant was driving while intoxicated and driving carelessly, and was thereby grossly negligent. Plaintiff further avers that Defendant was driving while intoxicated and fled the scene of the impact, and Defendant acted with a reckless disregard .for the safety of Plaintiff and others while traveling on Route 581. Count I JOSEPH K. NEHRT v. JODIE A. WITMER 14. Paragraphs 1 through 13 are incorporated herein as if set forth at length. 15, The occurrence of the aforesaid collision and the resultant injuries to Plaintiff were caused directly and proximately by the negligence of Defendant, generally and, more specifically as set forth below: (a) In failing to keep a reas~nable lookout for pedestrians lawfully stopped on the side of Route 581; (bl In failing to be reasonably vigilant to observe Plaintiff; (c) In failing to be reasonably vigilant to observe the emergency lighting on the vehicles at the scene; (d) In failing to operate said vehicle under proper and 3 adequate control so that she could avoid striking Plaintiff; (e) In failing to operate said vehicle in such a manner so that she could apply her brakes to avoid striking Plaintiff; (f) In failing to operate said vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance and avoid striking Plaintiff, in violation of 75 Pa.C.S. ~ 3361; (g) In failing to properly and adequately observe the traffic conditions then and there existing; (h) In failing to operate said vehicle at a speed which was safe for existing conditions, in violation of 75 Pa.C,S.A. ~ 3361; (i) In failing to stop her vehicle at the scene of a collision in which she was involved, in violation of 75 Pa.C.S.A. ~3742; (j) In driving while intoxicated, in violation of 75 Pa. C.S.A. ~ 3731; and (k) In driving her motor vehicle at a time when she was unfit to do so due to her consumption of alcohol. 16. As a direct and proximate result of the negligence of the Defendant, Jodie Witmer, Plaintiff sustained severe injuries, including but not limited to, lower back, leg, abdominal, hip, and pelvic injuries. 4 17. As a result of the negligence of Defendant, Plaintiff, Joseph Nehrt, has been, and may in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 18. As a result of Defendant's negligence, Plaintiff has suffered great physical pain, discomfort, and mental anguish, and may continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 19. As a result of the negligence of Defendant, Plaintiff has suffered a loss of life's pleasures and he may continue to suffer the same in the future, to his great detriment and loss. 20. As a result cf the negligence of Defendant, Plaintiff has suffered a loss of income and may continue to suffer the same in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Joseph Nehrt, seeks damages from the Defendant, Jodie Witmer, in an amount in excess of twenty-five thousand dollars ($25,000.00). Count II JOSEPH K. NEHRT v. JODIE A. WITMER 21. Paragraphs 1 through 20 are incorporated herein as if set forth at length. 5 22. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff were caused directly and proximately by the gross negligence of the Defendant generally, and more specifically, as set forth below: (al In failing to stop her vehicle at the scene of a collision in which she was involved, in violation of 75 Pa.C.B.A. ~3742; (bl In driving while intoxicated, in violation of 75 Pa. C.B.A. ~ 3731; and (c) In operating her motor vehicle at a time when she was unfit to do so due to her consumption of alcohol. 23. Defendant's actions in operating her motor vehicle under the aforementioned conditions amount to gross negligence, which Defendant knew or should have known, constituted reckless and wanton disregard for the safety of others. 24. As a direct and proximate result of the gross negligence of Defendant, Jodie Witmer, Plaintiff sustained serious injuries including but not limited to, lower back, leg, abdominal, hip, and pelvic injuries. 25. As a result of the gross negligence of Defendant, Plaintiff, Joseph Nehrt, has been, and may in the future be, hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 6 (a) In allowing Defendant, Jodie Witmer, to operate his vehicle without maintaining a reasonable lookout for pedestrians and emergency. vehicles lawfully located on the side of Route 581; (b) In allowing Defendant, Jodie Witmer, to operate said vehicle without maintaining reasonable vigilance to observe Plaintiff; (c) In allowing Defendant, Jodie Witmer, to operate said vehicle without maintaining reasonable vigilance to observe the emergency lighting on the vehicles at the scene; (d) In allowing Defendant, Jodie Witmer, to operate said vehicle without proper and adequate control so that she could avoid striking Plaintiff; (e) In allowing Defendant, Jodie Witmer, to operate said vehicle in such a manner so that she could apply her brakes to avoid striking Plaintiff; (f) In allowing Defendant, Jodie Witmer, to operate said vehicle at a speed, and under such control, so as to be unable to stop within the assured clear distance, in violation of 75 Pa.C.S.A ~ 3361; (g) In allowing Defendant, Jodie Witmer, to operate said vehicle at a speed which was unsafe for existing conditions, in violation of 75 Pa.C.S.A. ~ 3361; 8 (h) In allowing Defendant, Jodie Witmer, to operate said vehicle without properly and adequately observing the traffic conditions then and there existing. (i) In allowing Defendant, Jodie Witmer, to operate said vehicle without properly stopping at the scene of a collision in which she was involved, in violation of 75 Pa.C.S.A. 5 3742; (j) In allowing Defendant, Jodie Witmer, to operate said vehicle while intoxicated, in violation of 75 Pa.C.S.A. 5 3731; and (k) In allowing Defendant, Jodie Witmer, to operate said vehicle at a time when she was unfit to do so due to her consumption of alcohol. 31. As a direct and proximate result of the negligence of the Defendant, Rickie Bevan, Plaintiff sustained severe injuries including, but not limited to, lower back, leg, abdominal, hip, and pelvic injuries. 32. As a result of the negligence of Defendant, Plaintiff, Joseph Nehrt, has been, and may in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 33. As a result of Defendant's negligence, Plaintiff has suffered great physical pain, discomfort, and mental anguish, and may continue to endure the same for an indefinite period of time in 9 the future, to his great physical, emotional, and financial detriment and loss. 34. As a result of the negligence of Defendant, Plaintiff has suffered a loss of life's pleasures and he may continue to suffer the same in the future, to his great detriment and loss. 35. As a result of the negligence of Defendant, Plaintiff has suffered a loss of income and may continue to suffer the same in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Joseph Nehrt, seeks damages from the Defendant, Rickie Bevan, in an amount in excess of twenty-five thousand dollars ($25/000,00). Date: 6'{J.-17 ULLY SUBMITTED, tthew S. Crosby, re 1.0. No. 69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff 10 VERIFICATION The undersigned hereby verifies that the statements in the foregoing COMPLAINT, are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the above-named COMPLAINT is of counsel and not my own. I have read the COMPLAINT and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the COMPLAINT is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) Section 4904, relating to unsworn falsification to authorities. Date: 6 - f' -f~/ ~" W' ---- - / ,..-. __ I' _ ",/ ./ C -~~~~. ../ OSEP NERRT JOSEPH K. NEHRT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No:Q7-3,').1I ~T~ v. CIVIL ACTION - LAW JODIE A. WITMER and RICKIE S. BEVAN, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice ar~ served, by entering a written appearance personally at" by ,ILtUI:1f"; dId filing in writing with the Court your defenses or obJen :'_"" ~ C,' :he claims set forth against you. You are warned that i[ yu~ [..:: to do so the case may proceed without you and a Judgmenl ILlY be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 TRUE COpy FROM RECORD In T eSllmony whe , I h and lh reo , ere unto sot my haM e seal 01 said Co at (;Jrlisle, Pa. da C eN? B thew S. Crosby, uire 319 Market Stree P.O. Box 11 77 Harrisburg, PA 17108-1177 (717) 238-2000 Date: C- [) "77 t.d \complall1t\llt'hrt .mv.... JOSEPH K. NEHRT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION - LAW JODIE A. WITMER and RICKIE S. BEVAN, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, JOSEPH K. NEHRT, by and through his attorneys, HANDLER & WIENER, and makes the within Complaint against the Defendants, JODIE A. WITMER and RICKIE S. BEVAN, as follows: 1. Plaintiff, Joseph K. Nehrt, is an adult individual currently residing at 501 Windy Hill Road, Lot Number 1, Shermansdale, Perry County, Pennsylvania, 17090, 2. Defendant, Jodie A. Witmer, is an adult individual currently residing at 445 North Second Street, Wormleysburg, cumberland County, Pennsylvania, 17043. 3. Defendant, Rickie S. Bevan, is an adult individual currently residing at 445 North Second Street, Wormleysburg, Cumberland County, Pennsylvania, 17043. 4. At all times material hereto, Defendant, Jodie Witmer, was operating a 1994 Saturn SC, Pennsylvania Registration Number ANA9711. 5. At all times material hereto, Defendant, Rickie Bevan, owned the same 1994 Saturn SC, Pennsylvania Registration Number ANA9711. 6. At all times material hereto, Plaintiff had elected a full tort coverage in his motor vehicle insurance policy that was in effect at the time of the collision. 7. On or about January 20, 1996, at approximately 12: 00 a.m., Plaintiff, an employee of Interstate Towing and Recovery, was in the course and scope of his employment, preparing to tow a disabled vehicle on the northern berm of Route 581 westbound. The emergency lights of Plaintiff's tow truck were on and a police cruiser was parked directly behind the disabled vehicle with its emergency lights activated. 8. At approximately the same time and place, Defendant, Jodie Witmer, approached the aforementioned portion of Route 581 westbound and suddenly, without any warning, failed to stop or move to the left lane and struck Plaintiff's body. 9. After striking Plaintiff, Defendant, fled the scene of the impact and proceeded onto Route 15 North, at which time a police officer stopped her. 10. Defendant was arrested and transported to Holy Spirit Hospital to obtain a legal blood sample. 11. Defendant was cited for driving under the influence of alcohol, in violation of 75 Pa.C.S.A. s3731 of the Pennsylvania Motor Vehicle Code, and pled nolo contendere to that charge. 12. As a direct and proximate result of the negligence of the Defendants, Jodie Wit:ner and Rickie Bevan, Plaintiff sustained extensive and serious personal injuries requiring medical 2 adequate control so that she could avoid striking Plaintiff; (e) In failing to operate said vehicle in such a manner so that she could apply her brakes to avoid striking Plaintiff; (f) In failing to operate said vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance and avoid striking Plaintiff, in violation of 75 Pa.C.S. ~ 3361; (g) In failing to properly and adequately observe the traffic conditions then and there existing; (h) In failing to operate said vehicle at a speed which was safe for existing conditions, in violation of 75 Pa.C.S.A. ~ 3361; (i) In failing to stop her vehicle at the scene of a collision in which she was involved, in violation of 75 Pa.C.S.A. ~3742; (j) In driving while intoxicated, in violation of 75 Pa. C.S.A. ~ 3731; and (k) In driving her motor vehicle at a time when she was unfit to do so due to her consumption of alcohol. 16. As a direct and proximate result of the negligence of the Defendant, Jodie Witmer, Plaintiff sustained severe injuries, including but not limited to, lower back, leg, abdominal, hip, and pelvic injuries. 4 17. As a result of the negligence of Defendant, Plaintiff, Joseph Nehrt, has been, and may in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 18. As a result of Defendant's negligence, Plaintiff has suffered great physical pain, discomfort, and mental anguish, and may continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 19. As a result of the negligence of Defendant, plaintiff has suffered a loss of life's pleasures and he may continue to suffer the same in the future, to his great detriment and loss. 20. As a result of the negligence of Defendant, Plaintiff has suffered a loss of income and may continue to suffer the same in the future, to his great detriment and loss, WHEREFORE, Plaintiff, Joseph Nehrt, seeks damages from the Defendant, Jodie Witmer, in an amount in excess of twenty-five thousand dollars ($25,000.00). Count II JOSEPH K. NEHRT v. JODIE A. WITMER 21. Paragraphs 1 through 20 are incorporated herein as if set forth at length. 5 22. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff were caused directly and proximately by the gross negligence of the Defendant generally, and more specifically, as set forth below: (a) In failing to stop her vehicle at the scene of a collision in which she was involved, in violation of 75 Pa.C.S.A. ~3742; (b) In driving while intoxicated, in violation of 75 Pa. C.S.A. ~ 3731; and (c) In operating her motor vehicle at a time when she was unfit to do so due to her consumption of alcohol. 23. Defendant's actions in operating her motor vehicle under the aforementioned conditions amount to gross negligence, which Defendant knew or should have known, constituted reckless and wanton disregard for the safety of others, 24. As a direct and proximate result of the gross negligence of Defendant, Jodie Witmer, Plaintiff sustained serious injuries including but not limited to, lower back, leg, abdominal, hip, and pelvic injuries, 25. As a result of the gross negligence of Defendant, Plaintiff, Joseph Nehrt, has been, and may in the future be, hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassmen~. 6 26. As a result of the Defendant's gross negligence, Plaintiff has suffered great physical pain, discomfort, and mental anguish, and may continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 27. As a result of the gross negligence of Defendant, Plaintiff has suffered a loss of life's pleasures and may continue to suffer the same in the future, to his great detriment and loss. 28. As a result of the negligence of Defendant, Plaintiff has suffered a loss of income and may continue to suffer the same in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Joseph Nehrt, seeks damages, including punitive damages, from the Defendant, Jodie Witmer, in an amount in excess of twenty-five thousand dollars ($25,000.00). COUNT III JOSEPH K. NEHRT v. RICKIE S. BEVAN 29. Paragraphs 1-28 are incorporated herein as if set forth at length. 30. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff were caused directly and proximately by the negligent entrustment of Defendant, Rickie Bevan, generally and mOl'e specifically as set forth below: 7 (a) In allowing Defendant, Jodie Witmer, to operate his vehicle wi thout maintaining a reasonable lookout for pedestrians and emergency. vehicles lawfully located on the side of Route 581; (b) In allowing Defendant, Jodie Witmer, to operate said vehicle without maintaining reasonable vigilance to observe Plaintiff; (c) In allowing Defendant, Jodie Witmer, to operate said vehicle without maintaining reasonable vigilance to observe the emergency lighting on the vehicles at the scene; (d) In allowing Defendant, Jodie Witmer, to operate said vehicle without proper and adequate control so that she could avoid striking Plaintiff; (e) In allowing Defendant, Jodie Witmer, to operate said vehicle in such a manner so that she could apply her brakes to avoid striking Plaintiff; (f) In allowing Defendant, Jodie Witmer, to operate said vehicle at a speed, and under such control, so as to be unable to stop within the assured clear distance, in violation of 75 Pa.C.S.A ~ 3361; (g) In allowing Defendant, Jodie Witmer, to operate said vehicle at a speed which was unsafe for existing conditions, in violation of 75 Pa.C.S.A. ~ 3361; 8 (h) In allowing Defendant, Jodie Witmer, to operate said vehicle without properly and adequately observing the traffic conditions then and there existing. (i) In allowing Defendant, Jodie Witmer, to operate said vehicle without properly stopping at the scene of a collision in which she was involved, in violation of 75 Pa.C.S.A. 5 3742; (j) In allowing Defendant, Jodie Witmer, to operate said vehicle while intoxicated, in violation of 75 Pa.C.S.A. 5 3731; and (k) In allowing Defendant, Jodie Witmer, to operate said vehicle at a time when she was unfit to do so due to her consumption of alcohol. 31. As a direct and proximate result of the negligence of the Defendant, Rickie Bevan, Plaintiff sustained severe injuries including, but not limited to, lower back, leg, abdominal, hip, and pelvic injuries. 32. As a result of the negligence of Defendant, Plaintiff, Joseph Nehrt, has been, and may in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 33. As a result of Defendant's negligence, plaintiff has suffered great physical pain, discomfort, and mental anguish, and may continue to endure the same for an indefinite period of time in 9 INSTRUCTIONS 1. If you object to the production of any documents on the grounds that the attorney-client, attorney work product or any other privileges applicable thereto, with respect to that document, state: (a) its date; (b) identify its author; (c) identify each person who prepared or participated in preparation of the document; (d) identify each person who received it; (e) identify each person from whom the documents were received; (f) state the present location of the document and all copies thereof; (g) identify each person who has ever had possession, custody or control of it or a copy thereof; (h) provide additional information concerning the document and the circumstance thereof to explain the claim of privilege and tu permit the adjudication of the propriety of that claim. 2. The term "identify" as used with respect to documents means to state the date, author, addressee, type of document (e.g. letter), to identify its last-known custodian and location and the exhibit number of the document if it has been marked during the course of a court proceeding. 2 3. The term "identify" as used with respect to non-written communication means state the date, persons that participated in the communication, type of communication (e.g. telephone conversation) and substance of the communication. 4. The term "identify" when used with respect to an indi vidual, means to give the person's full name, all known aliases, present and last known business and home address, present and last known telephone number and present position or business affiliation. 5. The term "identify" when used with respect to any other person, means to give the person's official, legal and/or formal name and/or the name under which the persol) acts or conducts business; the address of the person's place of business, profession, commerce or home; and the identity of the person's principle or chief executive officer or person who occupies a position most clearly analogous to a chief executive. DOCUMENTS REOUESTED 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing the incident which gave rise to this action, and any defenses thereto. 2. All photographs taken or diagrams prepared concerning this matter or any instruments involved therein. 3 3. Any and all documents containing the names and home and business addresses of all individuals who may be potential witnesses in this case. 4. All documents which you intend to rely upon or introduce at trial of this litigation. 5. The entire file accumulated by you or your insurance company relating to the incident which is the subject matter of this litigation, including, but not limited to, any item within the definition of documents explained above, as well as any other document, intangible object, correspondence, memoranda, notes, telephone log, guidelines, in the possession and control of your insurance company which in any way relate to the incident which is the subject matter of this litigation. 6. All expert opinions, reports, summaries or other writings in your custody or control or the custody and control of your attorneys or insurers which relate to the subject matter of this litigation. 7. All exhibits intended to be used at .trial. 4 ., 8. Please also consider this a formal request for production of all documents referenced in your Answers to the within Interrogatories. B Date: (;",1) -, 7 thew S. Crosby, I.D. No. 69367 319 Market Street P.O. Box 1177 Harrisburg, PA 17108-1177 Attorney for Plaintiffs 5 . (3) an oral communication: (a) its date and the place where it occurred; (b) its substance; (c) the identity of the person who made the communication; and, (d) the identity of each person to whom such communication was made, and each person who was present when such communication was made. (4) a corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known, and, (c) its present address and telephone number; (5) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and the documents. ., Incident" means the occurrence that forms that basis of a cause of action or claim for relief set forth in the Complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. 2. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number; (c) The type of each policy and the effective dates; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; (e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons why you or the carrier claim the exclusion is applfcable; and, (f) Please consider this a formal Request to Produce a copy of the declaration pagels) of said insurance policy or policies. ANSWERS: 6. If you know of anyone that has given any statement (as defined by the Rules of civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded; and, (d) Please consider this a Request to produce copies of each such statement(s). ANSWER: J , 8. If you were required by law or regulation to be licensed for the activity in which you were engaged at the time of the incident, state: (a) The type of license required; (b) The date you first obtained such a license; (c) The dates of issuance and expiration of your current license(s) ; (d) The identity of the authority that issued your license (s) ; (e) The number of your license (s) ; (f) The nature of your license(s) ; (g) The special restrictions, if any, imposed on your license. ANSWER: 9. If you have been charged with any criminal violations as a result of the incident, describe the charges and identify all documents filed or served in connection with those charges. ANSWER: 11. If you, or someone not an expert subject to Pa. R.C.P. 4003.5, conducted any investigations of the incident, identify: (a) Each person, and the employer of each person, who conducted any investigations; (b) All notes, reports or other documents prepared during or as a result of the investigations and the persons who have custody thereof; and, (c) Please consider this a Request to Produce such documents, except those port ions which are protected from discovery. ANSWER: . 15. If you intend to use any book, magazine, or other such writing at trial, state; (a) The name of the writing; (b) The author of the writing; (c) The publisher of the writing; (d) The date of publication of the writing; and, (e) The identity of the custodian of the writing. ANSWERS: 22. State in detail the manner in which ~ou assert that the incident occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. ANSWER: 24. If you deny you are negligent, set forth the facts that Bupport the basis of your denial. ANSWER: 26. Has the Defendant, or any representative of the defendant, his/her counsel, or his/her insurer, performed, or contracted to be performed, or arrange in any way any type of surveillance of the plaintiff or his activities at any time? If so, please identify any such persons or entities who have custody of, and attach a complete copy, without editing. of all reports, memoranda, letters, electronic data, or information of any type (including computer records) regarding such surveillance activity, along with a copy of any photographs, films, videotapes or other information including, but not limited to videotapes, 8 millimeter film and handwritten notes. ANSWERS: JOSEPH K. NEHRT. Plaintiff , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO: 97-3211 JODIE A. WITMER and RICKIE S. BEVAN. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint which was filed in the above- referenced matter and forward it to the Sheriff for service on the Defendant, Jody Witmer, at the Defendant's place of employment, Midtown Tavern, 1101 North Second Street, Date: OJ I'~-. )7 B PA. .- ew S. Crosby, quire 9 Market Street P.O. Box 11 7 7 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff "11 ',;'I.!-f " i';' I" I, "'dO ii' :1 1_~Il! UJ !T" I .\';!' !lti: '/';,' :U:.:' ~'-IIM1'11H~W:-:,I\I.rll IIF ! :1.jU'-iYl '/:\nlr\: l"ll1llj ['1' IlF (UtlHl<lil.,\NP NI-:II:\I" JI)~;I'TH h VS. WIH!I';P. JIl[JH: ,\ " I',. Thnm5~; 1\ 1, fll.? Sh.;;:'rlf::.". ....ho l:".?lllg dUll' 5....(..rn '3CCOrdlng to }.:)\{, 33}'2, th;:it. h..~ rn;ide ;j .jllJ..~lt?rjt :.='?arch -3nd lnq'Jlry for the WI th~n n;Jmerj defi?ndant.. +:0 wit.: WlrM~:l~ ,!Ilr'p.: f." ~)'.1t ....az 11natJ!r' to loc:.te Her '0 tllZ bal1iw)cl:. He t.herc-f ore d"';)ld.i-=(~d +.h,' ::her-l!f of PAUI';l: 1J :'lIU:~ j"{ (,,":IUllty. r~enn3,.lv;:Hjld. t,l\ :;'?r':o:' t hp .....'.thln ':f.\MI'1 AIIF I In ,!l,ll Y ~. it h. 1 ')';'1 . ~h13 ofil,:e W3~ If I r~(-01~t of .. he at tache.-j r ~t'lT'n fr',m .,tlll: ;: 1 tl I-Illn: fl' C '':',1: n '. ::. J'.: fi 11'::;)' 1 van 1;:;. ! .-".'k.?t , nCl i III t ;Jf l~' e'I.l;'I..,' < ;\Ir-r:h''1r'q..:- . :'AUPH 1 tl-l~'r)!:!lTY : '^'.. ~ ~ \,:"'1 '---I. C.(: ,~. ~',"'i "<I.".::JO' /). ~\~.-~/~/ I..l lr;_'~Tld3 r.llne. ~~tl-:JI'111 .' -' ~";ll"i....lf'= 1~C1::;lE': J.'I. c.(: .~t;j:-C:li} l:t\~ji;r l,,,t-: ,I~ '",' \ i. ~ll h (I ,-1 '~j . : '.', '. i-' t. ~ I 1 :. rJ' . ,-~. II t. ,~,' t' , r' .:. i t"\ ',' 'ft - .:. I ~ -' "1 '. ~,) - .hv ('::: ~ >::'.1' '}l" ..:~ ",:" : ~ '0: ,--' r' :.. 1" '17,. n. , /. '-/,,'} /- ,~ . , (IJ-~l~''; ! .A.it-'1' '.. C,lt I v- i :.."": " " ( ". f. f l,' , 0 ., . I,. r. ,.. I', v. I' ,- , ; (J 0' cr w z w D o ~ . ~ r- ~ ~ ~ ,.. - 0 Cl If) <( N Z to a.. cD <t ~~O~ ~ m a: [l ~O=;:: W Q) a.. ii ~ .J 11 ~ o I Z <t: I . w u ;;: . o l ~ ,.... ....... ,jti,'~ JURY TRIAL DEMANDED -...... .-".'" -',i@ .:';,~;;~; l.~'W ";"::'i ~g~;~ "-~L~Y ~~~~ ~;~j1 l,;~{o: ~_~,J~' .-\1:;,'; ;:;:~?: >~i~~ c'~',::: ~"?i ;';~~ J~ ;:~~?1 ;0:; >.,4'7"; JOSEPH K. NEHRT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 97-3211 JODIE A. WITMER and RICKIE S. BEVAN, Defendants CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO: Prothonotary of Cumberland County: please mark the above-captioned action as settled and discontinued. '~1..'?, ,::~. ~:%, "'~:;~~ "r thew S. Crosby, e I. D. No. 69367 319 Market Street P.O. Box 11 77 Harrisburg, PA 17108-1177 Attorneys for Plaintiffs ..' ..;(~ '/'!~~ -.''-'':;: ., .",,, ':'?i? Date: g-IO-Q7 ""'-i..~i o..fS .~;<~ .:;')~ ;~(,~ :,~,) ,';Ii: ::..~ .<!J '" ~ ..~" '-'~.__''''''or-_'.w;","