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6. It is admitted that the Rosson v. McKeithan matter remains active. After
reasonable investigation, Defendant is without sufficient knowledge or information to
form an opinion regarding the averment that discovery is not yet completed and proof
thereof is demanded.
7. Admitted.
8. Denied. The impact between the Buffil"']ton and Rosson vehicle was
minor and produced little or no damage to either vehicle. It is specifically denied that
the impact could have caused any injury to the Plaintiff.
9. It is admitted that as of May 15, 1995. Plaintiff was treating with
Dr. Stouffer and Dr. Zabinski. After reasonable investigation, Defendant is without
sufficient knowledge or information to form an opinion as to the averment that the
treatment was related to the September 15, 1994 accident. By way of further averment.
Plaintiff has a substantial prior history that may be causing all of the Plaintiff's problems.
10. Denied. It is specifically denied that any treatment after May 15. 1995 was
related to the May 15, 1995 automobile accident.
11 Admitted.
12. Admitted.
13 Admitted.
14. Admitted.
15 Admitted.
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16. After reasonable investigation. Defendant is without sufficient knowledge
or information to form an opinion regarding the truth of the averments contained in
Paragraph 16 of the Motion and proof thereof is demanded.
17. After reasonable investigation. Defendant is without sufficient knowledge
or information to form an opinion regarding the truth of the averments contained in
Paragraph 17 of the Motion and proof thereof is demanded.
18. Admitted.
19. It is admitted that pursuant to Pa.R.C.P. 213.1(c){d)(2). that this Honorable
Court may order that the case pending in York County captioned Tina V. Rosson v,
Heather McKeithan be transferred to Cumberland County for coordinate proceedings
with the other two actions filed by Tina Rosson. It is specifically denied that
coordination and consolidation would be appropriate. On the contrary. Plaintiff has
presented no evidence that her doctors cannot differentiate her injuries between the
vanous accidents. In addition. consolidation would prejudice the rights of the Plaintiff in
that the Plaintiff would not be required to establish what injuries are related to each
accident.
20. It is admitted that Pa.R.C.P. 213(1)(e)(1) authorizes this Court to order
joint loats of pending matters. For reasons stated in Paragraph 19 above, consolidation
IS not appropriate.
21 . Denied It is Specifically denied that consolidation and coordination would
be appropriate in this matter.
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,
22. Denied. It is specifically denied that the actions involve common
questions of law and fact. For instance, the Rosson v. Buffington matter does not
involve issues as to the nature and extent of the Plaintiff's injuries and compensation to
be received in the Rosson v. Fegan matter. Rather. the sole issue in the Rosson v.
Buffington matter is what injuries are causally related (0 the accident.
23. After reasonable investigation. Defendant is without sufficient knowledge
or information to form an opinion regarding the truth of the averments contained in
Paragraph 23 of the Motion and proof thereof is demanded.
24. Denied. For reasons stated above, consolidation and coordination is not
appropriate.
25. Denied. For reasons stated above, consolidation and coordination is not
appropnate.
26. Denied. For reasons stated above. consolidation and coordination is not
appropriate.
27. Denied. Any cost to the Plaintiff is as a result of her decision to fde suit on
account of the three different accidents.
28. Denied. Each jury could be properly instructed and an appropriate
measure of damages awarded in each case.
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v
I IH THB COURT OF COMMOH PLEAS
I CUMBBRLAHD COUH'l'Y, PBHHSYLVAHIA
i HO. ~7 - lI'J&'{ dl'/~/m
,
I CIVIL ACTIOH - LAW
TIHA V. ROSSOH,
Plaintiff
JBSSICA REHBB FBOAK,
Defendant
HOTICB
YOU HAVE BBD SUED IH 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(s). You may
lose money or property or other rights important to you.
YOU SHOULD TUB THIS PAPER TO YOUR LAWYBR AT OHCIl:. IF YOU
DOR' '1' HAVE A LA1fYER OR CABJlO'f AFFORD on, GO TO OR TELBPHOn THIl:
OFFICI!: Sft FORTH BBLOIf TO FIn OU'!' 1fBBRE YOU CAR Oft LEGAL HELP.
COURT ADMIHISTRATOR
Fourth Floor
Cuaberland County Court Houa.
On. Courthous. Square
Carlisi., PA 17013-3387
717-2tO-6200
HO'fICIA
1.1 au DBMAIIDADO A US'1'BD D LA CORft. 5i u.ted quiere
defenderse de eataa demandaa expuestas en 1as paginas siguientes,
usted tiene veinte (20) dia. de plaza al partir de 1a fecha de 1a
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en peraona 0 par abogado y archivar en 1. corte en
fo~ eacrita aua defenaas 0 aua objeciones alas demandas en
contra de au peraona. Sea aviaado que ai uated no ae defiende,
1a corte tomaro -.didaa I puede entrar una orden contra uated sin
previa aviao 0 notificac on y par cua1quiar quej. 0 a1ivio que ea
pedido en 1a peticlon do demanda. Usted puede perder dinero 0
sua propiedad.. 0 otroa derechoa i~rtantea para uated.
entrance ramp to Interstate Route BJ North, to the rear of the
vehicle of Plaintiff.
5. At the aforesaid time and place, the Defendant failed to
stop her vehicle as she approached Plaintiff's vehicle stopped
for traffic, and the front of Defendant's vehicle struck the rear
of Plaintiff's vehicle, as a result of which Plaintiff suffered
severe physical injury.
6. Said collision resulted from the negligence of Defendant
and was due in no matter whatsoever to any act or failure to act
on the part of Plaintiff.
7. Defendant owed a duty to other lawful users of the
roadways in the Commonwealth of Pennsylvania to operate her
vehicle in such a way as not to cause harm or damages to said
other persons and to the Plaintiff in particular.
8. The negligence of Defendant consisted of the following:
(a) failing to keep her vehicle under proper and adequate
contraIl
(b) failing to keep alert and maintain a proper lookout for
the presence of other motor vehicles on the streets and highwaysl
(c) operating her vehicle in careless disreqard for the
rights, ..fety and position of others I
(d) traveling too f.st for conditions,
(e) following too clo..ly;
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(f) failing to apply her brakes in time to avoid striking
Plaintiff's vehicle;
(g) failing to operate the vehicle with the skill and care
required to safely operate such a vehicle; and,
(h) operating her vehicle in violation of the laws of the
Commonwealth of Pennsylvania;
9. As a direct and proximate result of the aforesaid
collision, Plaintiff suffered injuries including, but not limited
to, the following:
(a) cervical, thoracic, lumbar and sacroiliac
sprain/strain;
(b) bilateral shoulder and arm pain and numbness;
(cl chronic headaches;
(d) bruising and injury to the right hip; and
(e) injury to right ankle and foot.
10. Plaintiff suffered from pre-existing Temporomandibular
Joint disease (THJ), which was aggravated by the aforesaid
collision, and the resulting injuries and treatment therefrom.
11. Aa a direct and proximate result of the aforesaid
collision, Plaintiff suffered aggravation of pre-existing
injuries including, but not li~ted to, the following:
(a) cervical, thoracic. and luabar sprain/strain:
(bl trau.atic bursitis in her left shoulder;
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(b) traumatic bursitis in her left shoulder;
(c) trapezius strain; and,
(d) headaches
12. As a result of the injuries she received in this
collision, Plaintiff has in the past, and may incur in the
future, reasonable and necessary medical and rehabilitative costs
and expenses for treatment of her aforesaid injuries.
13. As a further result of this collision, the Plaintiff has
suffered a loss of earnings, and impairment of her earning
capacity and power, and claim is made therefore.
14. As a further result of this collision, the Plaintiff has
suffered a permanent disability and permanent diminution of her
earning power and capacity.
15. As a further result of the aforesaid collision, the
Plaintiff has suffered permanent diminution of her ability to
enjoy life and life's pleasures.
16. As a result of the injuries she received in this
collision, Plaintiff has undergone in the past, is undergoing in
the present, and will undergo in the future great pain and
suffering.
17. As a direct and proxi..te result of this colliaion, tb.
Plaintiff ha. incurred other financial expena.. or 10.... whicb
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Plaintiff also suffered injuries in motor vehicle accidents which
occurred on: September 15, 1994 and May 15, 1995. Plaintiff
also suffered a work-related injury to her lower back on March 4,
1997. In addition, Plaintiff has been diagnosed as suffering
from other medical conditions including rheumatoid arthritis,
hypothyroidism, asthma, JGG immunodeficiency, mitral valve
prolapse, migraine headaches, Tic douloureux and pre-existing
TMJ.
7. Admitted. Undersigned counsel has been requesting and
compiling the medical records from the health care providers
necessary to respond to Defendant's discovery requests.
8. Admitted.
9. Admitted. Counsel for Defendant's letter of
September 25, 1997 also requested complete information regarding
injuries and legal actions brought in regard to the incidents
occurring on September 15, 1994 and May 15, 1995, and the workers
compensation injury.
10. Adaitted in part, denied in part. It is admitted that
Plaintiff has to date failed to provide formal Answers to
Defendant's discovery requests. Plaintiff to date has been
unable to provide complete Answers to Defendant's discovery
requests because Plaintiff has not yet received all of the
~ic.l records, -.dical bills and waqB loss information
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County, when Heather McKeithan failed to stop her vehicle and
struck an automobile stopped in front of her, which then struck
another stopped vehicle, which collided with Plaintiff's vehicle.
2. As a result of the aforesaid collision on September 15,
1994, Plaintiff suffered injuries to her jaw, neck, left
shoulder, mid-back, and lower back.
3. As a result of her injuries suffered on september 15,
1994, Plaintiff obtained medical treatment from Vance Stouffer,
M.D., and from Robert C. Zabinski, D.C.
4. Plaintiff filed suit seeking damages for her injuries
suffered in the September 15, 1994 accident, in the York County
Court of Common Pleas by way of Praecipe For Writ of summons,
filed on September 11, 1996, captioned Tina V. Rosson v Heather
McKeithan, which was indexed at 96-SU-04222-01.
5. On March 8, 1999, Plaintiff filed a Complaint in the
aforesaid case of 1ina V. Rosson v Heather McKeithan.
6. The aforesaid case remains active and pending before the
York County Court of Common Pleas, with discovery not yet
completed.
,
.
II. Second Accident
7. On May 15, 1995, eight (8) months after the aforesaid
initial accident, plaintiff, Tina Rosson, was involved in a
second automobile accident, when her vehicle was struck from
behind by another automobile driven by Helen Buffington, in
Lemoyne. CUmberland County, Pennsylvania.
8. As a result of the May 15, 1995 collision, Plaintiff
suffered injuries to her jaw, neck, left shoulder, mid-back, and
lower back.
9. At the time of the May 15, 1995 motor vehicle accident,
Plaintiff was still treating with Dr. Stouffer and Dr. Zabinski
for her injuries suffered in the first accident, on September 15,
1994.
10. Subsequent to the second accident of May 15, 1995,
Plaintiff, Tina V. Rosson, continued treatment with Dr. Stouffer
and Dr. Zabinski. and also began treatment for her injuries with
Steven Morganstein, D.O., and with Larry Pepper, D.M.D. on
August 3, 1995.
11. On May 14, 1997, a lawsuit was COIlllllBnced regarding the
_ccident of May 15, 1995, by Praecipe For Writ of Summon. in the
,
York county Court of Common PleAs, captioned Tina V. Rosson v
Helen M. Buffinqton, indexed at No. 97-5U-226701.
12. On July 10, 1997, Plaintiff filed a Complaint in the
aforesaid case of Tina V. Rosson v Helen M. Buffinqton.
13. As a result of Preliminary Objections filed by Defendant
Buffington, the parties entered into a Stipulation To Transfer of
Venue, which resulted in an Order from the York County Court of
Common Pleas dated February 10, 1999, transferring venue of the
case captioned Tina V. Rosson v Helen M. Buffinqton to the
CUmberland County Court of Common Pleas,
14. The case of Tina V. Rosson v Helen M. Buffinaton was
docketed in the CUmberland county Court of Common Pleas on
February 16, 1999, at No. 99-3625, and is currently pending.
IXI. Third Accident
15. On August 9, 1995, less than three 131 months after the
second accident, Plaintiff Tina V. Rosson was involved in a third
automobile accident when her vehicle was struck from behind by an
automobile operated by Jessica R. Fegan.
16. As a result of the collision with the Fegan vehicle on
August 9, 1995. Plaintiff again suffered injuriea to her jaw,
neck, left shoulder, mid-back, and lower back.
~
17. Plaintiff Tina V. Rosson continued treatment for her
injuries after her August 9, 1995 accident with Dr. Morganstein
and Dr. Pepper, among others.
18. On August 7, 1997, Plaintiff began a lawsuit seeking
damages for her injuries suffered in the August 9, 1995 accident,
when she filed a Complaint in the Cumberland County Court of
Common Pleas, indexed at No. 97-4289, which is currently pending.
IV. Basis For Relief
19. Pursuant to Pa.R.C.P. 213.1(c) (d) (2), Your Honorable
Court may order that the case pending in the York County Court of
Common Pleas captioned Tina V. Rosson v Heather McKeithan,
indexed at 96-5U-0422-01, be transferred to CUmberland County for
coordinated proceedings with the other two (2) aforesaid actions
pending in Cumberland County,
20. Pa.R.C.P. 213(1) (e) (1) authorizes this Court to order
coordination for a joint trial of the two (2) actions pending in
CUmberland County, captioned as Tina V. Rosson v Jessica Renee
Fegan, indexed at 97-4289; and, Tina v, Rosson v Helen M.
Buffinaton, indexed at 99-3625.
21. Pursuant to Pa.R.C,P. 213.1(a), Your Honorable court is
the appropriate court to consider coordination of all three (3)
~
of the aforesaid pending actions, since a Complaint was first
filed in the case of Tina V. Rosson v Jessica Renee Feqan,
CUmberland County Court of Common Pleas No. 97-4289.
22. Each of the aforesaid pending actions involve common
questions of law and fact, which are predominating and
significant to the litigation, namely which Defendant's
negligence was a substantial factor in causing Plaintiff's
injuries and the extent and severity of Plaintiff's injuries
which are attributable to each Defendant.
23. Because Plaintiff suffered injuries to the same areas of
her body in each of the aforesaid accidents, all of which were in
close proximity in time to each other, it is likely that
Plaintiff's treating physicians will be unable to determine which
of the accidents caused which injuries.
24. Coordination of the above-captioned three (3) pending
matters for a joint trial in the Cumberland County Court of
Common Pleas would result in the most just and efficient conduct
of trial in the actions, since consolidation would allow the jury
to hear the totality of the damages that arose from the three (3)
ft
accidents, damages could not be assigned to a missing defendant,
and the possibility of double recovery would be avoided.
25. Transfer of the case of Tina V. Rosson v Heather
McKeithan from York County to CUmberland County and coordination
with the aforesaid other two (2) cases pending in Cumberland
County, for purposes of a single joint trial, would provide for
the most efficient utilization of judicial facilities and
personnel.
26. Transfer and coordination of the aforesaid York County
case of Tina V. Rosson v Heather McKeithan. with the other two
(2) pending aforesaid cases in CUmberland County for a joint
trial would not result in unreasonable delay or expense to any
party, nor would it otherwise prejudice any party to any of the
actions.
27. Failure to coordinate the aforesaid three (3) actions
would result in prejudice to Plaintiff, since she would incur the
excessive cost of multiple depositions of the same medical
witnesses, when the subject matter of each deposition would be
largely the same.
28. Transfer and coordination of the aforesaid York County
case of Tina V. Rauon v Hellt~r ~KeithAD, with the other two
~
(2) pending cases in Cumberland County would eliminate the
possibility of duplicative and inconsistent rulings, orders,
and/or judgments.
29. Should coordination of the aforesaid three (3) pending
actions be denied, it is unlikely that settlement as to any of
the actions will occur without trial. since the expected outcome
of each pending action will be uncertain.
WBBRIFORB, the Plaintiff, Tina V. Rosson, respectfully
requests that Your Honorable Court grant her motion for
coordination and joinder of actions in different counties, and in
the same county and order:
(a) The case captioned Tina V. Rosson v Heather McKeithan,
No. 96-5U-04222-01, be transferred from the York County Court of
Common Pleas to the cumberland County Court of Common Pleas;
(b) The case captioned Tina V. Rosson v Heather McKeithan,
No. 96.5U-04222-01, and the cases of Tina v, Rosson v Helen H.
Buffinaton. indexed at 99-3625, and Tina V. Ross9n v Jessica
Renee Feaan, indexed at 97-4289, be coordinated and consolidated
for a joint trial in the CUmberland County Court of common Pleas;
.
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17. It is admil1ed that Plaintiff treated with Or. Morganstein and Dr. Pepper. as well
as other healthcare providers.
18. Admil1ed. By way of further answer. the case of Rosson v. Fel!an. Cumhcrland
County No. 97-4289. ha~ hcen listed Illr trial by Praecipe datcd January 10, 200 I.
IV. Basis for Relief:
19. It is admil1ed that it is within the authority of the court to coordinate proceedings
pursuant to Pa.R.CP. 213. However. it is specifically denied that coordination is appropriate in
this case.
20. It is admitted that it is within the auth'lrity of the court to coordinate proceedings
pursuant to Pa.R.C.P. 213. However. it is specifically denied that coordination is appropriate in
this case.
21. It is admitted that it is within the authority of the court to coordinate proceedings
pursuant to Pa.R.CP. 213. However. it is specifically denied that coordination is appropriate in
this case.
22. Denied. lbese Casl'S innlhe thn.'C separate motor vehicle accidents and three
separate Defendants. Therefore. they do not mvolve common questions of law and fact. as
contemplated by Pa.R.CP. No. 213.
23. Denied.
24-29. Denk-d. It is denied that the coordination of the three above-captiooed
actions wlluld result in the "most .iust and dUdent conduct of trial in the 3L1ions". Specifically,
according to the allegations of PlaintilT, di~'owry has not yet b...en compk"ted in the case ofIiDA
V. Rosson ". lkathct ~kKcithan. York COlll'lty No.: Q6..Stl.o.l222-OL 1S4.'e Plaintill's Motion.
pilI'agrarh (q Mt'l't\.l\et'. that ca'<o\.' ha.~ Ill" yet b..-en transl,,'m'd to Cumb..'tbnd (\lIll'lIy. See
lilr the Dl.'lendanl. 1\ copy of said correspondence is a\lached herelo, incorporated herein by
reference and marked as Exhibit "B:' By way of telephone conversation in June of 200(}.
Plaintitrs counsel advised defense counsel that he may tile a Motion for Coordination. Defense
counsel waited until January' of 2(}O I and. having received no Motion filr Coordination. defcnse
counsel listed the trial in this mal1er.
4. Denied. This case is ready filr trial.
5. Denied.
(a) It is admil1ed that detense counsel ~'Ot the lel1er dak-d January 9. 2001.
prior to listing this case for trial. Ilowever, it is helien.'t! that PlaintilThad most. ifnot all.
of those records already in his possession. Thc Ictter w3.~ sent for the purpose of
thomughness.
(b) Admil1cd.
(c) Denied. IJpon receipt of Plaintiff counsel's letter n.'Ilucsting copies of
records. Defendant provided those n.-cords by letter dated February 2. 2001. A copy of that letter
is attached hereto, incorporated herein by relen.'Oce and llIaI'ked a~ Exhibit "C",
6. Admiued.
7. Admitted.
8. Admitt~. Ily way of further anSlU'r, it should he noted thaI Plaintitrs COIlIlseI
fiI~ the Motion ftlr Coordination and Jtlindt.'r of A~tion~ in Uinen.'Ot Counties l!tkr &fense
counsel had lis\~ the within (3.'<0\.' for trial. Udmsc coun.wllislctlthe \\lthin (3.'<0\.' Itlt trial on tlt
abomt January In, 2001. l'taintil1's Motion was lik-d on or ab.1UI Joouary 2~.1tIOI.1 \\\'1:1.5 al\\'r
lho: lriallistill(,!..
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4. Thc Intcrrogatorics and Rcqucst tilr Ilroduction of Documcnts scrved by Defendant
upon PlaintilT secks discovcrable information as dcfincd undcr POl. R.CP. 4003.1.
5. Despitc thc pa~sagc of7 wceks from the date of servicc of Defcndant's discovcry
requests, PlaintilThas failcd to respond in contervention of Pa. R.C.P. 4006 and 4009.12.
6. In hcr Complaint, PlaintifT claims that she has sulTered numerous injurics and
aggravation of pre-existing injuries as a result of the collision ",ith Dcfendant.
7. In part. Defendant's discovcry requests seek medical records and a narrative
description substantiating PlaintitT's alleged injuries.
8. Undersigned counsel for Defendant initially requested PlaintitT's medical records by
letter dated September 5,1997, cnclosing the above-referenced discovery requests. A true and
correct copy of this letter is enclosed as Exhibit "n" ,and is incorporated herein by reference.
9. Undersigned counsel for Defendant again requested the above information by leller
dated September 25.1997. A copy (lfthis leller is attached hereto as Exhibit "C"', and is
incorporated herein by reference.
10. To date, PlaintilThas failed to pro,'ide any Answers to Defendant's discov'ery
requests, nor has Plaintifrs counsel indicated that such information ",ill be forthcoming.
WHEREFORE, Defendant. Jessica Renee Fegan. respectfully requests that this
Honorable Court enter an Order in the form allached hereto, requiring PlaintilTto file complete
and responsiv'e answers to Delendant's Inh:rrogatories and Request for Production of
Documents. includintt the provision of all C\pt-ct rep.lrts and medicalra...ll\Is, within 20 days or
suller sanctit"'5. includintt but notlimik't! In the Illllo\\ inll:
a. I'n.-cluding l'laintill' thlfll intttltlucintt an) e\p''rt \\itll\."U testimony .,aitut
Intendant, Jes"ica Ren..-c "..-gan.. at Ih..' lime llftrial.
".
.
DEFINITIONS AND INSTRUCTIONS
(A) Whenever the term "document" is used herein. it includes (whether or not
specifically called for) all printed, typewritten. handwritten. graphic or recorded matter, however
produced or reproduced and however formal and informal.
(8) Whenever you are asked to "identify" a docwnent, the follov.ing information
should be given as to each document of which you are aware, whether or not you have
possession. custody or control thereof:
(I) The natUre of the document (~, letter, memorandum. eomputer
print-out, minutes. resolution. tape recording, etc.);
(2) Its date (or if it bears no date, the date when it was prepared);
(3) The name, address, employer and position of the signer or signers
(or if there is no signer, of the person who prepared it);
(4) The name. address. employer and position of the person. ifany, to
whom the document was sent;
(S) If you have possession. custody or control of the document, the
location and desiption of the place or tile in which it is contained. and the name,
addms and position of the person having custody of the docwnent;
(6) If you do not have possession. custody or control of the document.
the pruent location theteof and the name and address of the oraanization havin&
possessioa. custody or control thereof; and
(7) A brief statement of the subject matter of such document
(e) \\~'Cf you are asked to "identify" an on! c:ommunic.ation. the followina
information should be given as to each oral communication of which you are aware, whether or
not you or others were present or participated therein:
(I) The means of communication (~, telephone. personal
conversation. etc.);
(2) Where it took place;
(3) Its date;
(4) The names, addresses, employers and positions (a) of all persons
who participated in the communication; and (b) of all other persons who were
present during or who overheard that communication;
(5) The substance of who said what to whom and the order in which it
was said; and
(6) Whether that communication or any part thereof is recorded.
described or referred to in any document (however informal) and, if so, an
identification of such document in the manner indicated above.
(D) If you claim that the subject matter ofadocument or oral communication is
prh'ilelled. you need not set forth the brief statement of the subject matter of the document, or the
substance of the oral communication called for abo\'C. You shall, however. o~ise ~identify~
such document or oral communication and shall state each ground on which ~'ou claim that such
document or oral communication is pri\ileged.
(E) \\"benn'eT )-OU are asked to "identitY a penon. the folloY,inll infonnation should
be Ilh'CII:
( I ) the name. pmcnt addrns and prCsetll employer and positioa of the
...
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person; and
(2) Whether the person has given testimony by way of deposition or
otherwise in any proceeding related to the present proceeding and/or whether that
person has given a statement whether oral. wrinen, or otherwise, and if so, the title
and nature of any such proceeding, the date of the testimony. whether you have a
copy of the transcript thereof. the name ofthe person to whom the statement 'lias
given. where the statement is presently located ifwrinen or otherwise transcribed,
and the present location of such tranSCript or statement if not in your possession.
(F) The tenn "you" and "plaintiff' shall be deemed to mean and refer to the plaintiff.
TIIl3 V. Rosson, where applicable. and shall also be deemed to refer to, but shall not be limited
to, her attorneys. consultants, sureties, indemnitors, insurers, investigators. and any other agents
insofar as the material requested herein is not privileged.
(0) The word "incidenC shall be deemed to mean and refer to the incident as alleged
to have occurred and as set forth in your Complaint
These Interrogatories shall be deemed to be continuing Interrogatories. Between the time
of your answers to said Interrogatories and the time of trial. if you or anyone acting in your
behalf learns the identity or whereabouts of other witnesses not disclosed in your answers. or if
INSTRUCTIONS
I. If you object to the production of any document on the grounds that the anomey-
client, anomey work-product or any other privilege is applicable thereto. you shall, \\;th respect
to that document:
a. State its date:
b. Identify its author;
c. Identify each person who prepared or participated in the preparation of the
document;
d. Identify each person who received it;
e. Identify each person from whom the document was received;
f. State the present location of the document and all copics thereof;
g. Identify each person who has ever had possession. custody or control of it
or a copy thereof;
h. PrO\;de sufficient information concerning the document and the
cirtumstances thereof to explain the claim of privilege and to permit the adjudication of the
propriety of that claim; and
i. As referred to herein. Mdocument" includes writkn. printed. typed,
recorded. or graphic maner, however produced or reproduced, including correspondence,
telqrams. other ""Tinen communications, data processing stOfa&e units. tapes, contractS,
agrnmcnts. notes. mmlOflllld&. analy,es, projections, indices. won. papers. stUdies. reports,
sun~ diaries. calendan. films. pbotopphs. diagrams. drawinp. minlltts of meetinp. or any
other wriq {includinG copies of any of the forqoing, reprd1tss of whether you ate now in
pouession. custc:ld}'. or con1rol of the originali !\Ow in your poswnion. custody, or cordrol. your
DOCUMENTS REOUESTED
I. All statements, signed statements, transcripts of recorded statements or interviews
of any person or Vl.itness relating to, referring to or describing any of the events described in the
Complaint.
2. All expen opinions, reports, summaries or other writings in your custody or
control or your attorney or insurers. which relate to the subject matter of this litigation.
3. All documents. correspondence or other drawings, sketches, diagrams, or writings
in your custody or control or your attorney or insurers, which relate to the subject matter of this
litigation.
4. All documents prepared by you, or bi' any insurer, representative, agent, or
anyone acting on your behalf, except your attomey(s). during the investigation of the incident in
question or any of the events or allegations described in the Complaint. Such documents sha1l
include any documents made or prepared up through the present time, Vl.ith the exclusion of the
mental impressions. conclusions, or the opinions respecting the value or merit of the claim or
defense or respecting strategy or tactics.
S. All records of medical treatment and medical bills paid or alleged to have been
paid by you, which relate to the subject matter of this litigation.
6. All photographs of any item or thing involved in this litigation.
7. All statements as defined within Pa. R.C.P. No. 4003.
8. All statements and/or transcripts of inteniews of fact witnesseS obtained in this
.
maner.
9. All docwncnls identified in ~our Ans\\U$ to any set of Intm'OplOries
propounded by any party in this litiption.
v
I IN THE COURT OF COMMON PLEAS
I CUJlBERLAHD COURTY, PEHHSYLVAHIA
I
I NO. 97-4289 CIVIL TERM
TINA V. ROSSON,
Plaintiff
JESSICA RENEE FEOAR,
Defendant
PLAINTIFF'S RESPONSE
TO DEFEHDAH'l" S HElf MATTER
AND NON this
.&1#.
day of November, 1997, comes the
Plaintiff, TINA V. ROSSON, by her attorney, Richard F. Maffett,
Jr., Esquire, and respectfully represents the following:
18. Denied. This Paragraph is a conclusion of law to which
no responsive pleading is required.
19. Denied. This Paragraph is a conclusion of law to which
no responsive pleading is required.
20. Denied. This Paragraph ia a concluaion of law to which
no responsive pleading is required.
21. Denied. This Paragraph is a conclusion of law to which
no responsive pleading is required.
22. Denied. This Paragraph is a conclusion of law to which
no responsive pleading is required.
23. Denied. The injuries alleged by Plaintiff in Paragraph
9 of her Co.plaint were suffered by Plaintiff aa a result of this
accident and were directly and proxt.ately caused by the
negligence of Defendant, did not exiat prior to August 9, 1995,
and were not the result of any pre-existing ~ical conditions of
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TINA V. ROSSON,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
v.
JESSICA RENEE FEGAN,
Defendant
No.: 97-4289
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009 22
TO: Custodian of Records. Compuler Aid. Inc.
(Name oK Pe<sonor EnlJIy)
- twenty (201 doys after servoce cJ ll1is sutJpoeno. you ore ordered by !he CXlUt\ 10 produce !he lOlIowong documents or things
All employment records. including but not limited to application for employment. medical or disabnity slips. nurse's stal>
or infirmary room records, attendance records, payroll records. correspondence. etc. on behalf of Tina J. Rosson.
ssn: 192-42-4663; dlo.'b: 612/50.
al THOMAS. THOMAS & HAFER, LLP. 305 N. Front Street. POB 999. Harrisburg. PA 17108
(-I
You may deIi_ or mai Iegil>Io _ oK It>e _ or ll'Oduce Ihngs requesIed by 1hos 1UllpOena. lOgethet _ !he certlflCale oK
com;>liance. 10 !he pany mBing IhI request at !he -.. _ _ YOU""'!he ngtlllO _. n advance. Ihe reasonable cost oK
p<epamg !he ""'""s or procIucIog lho 1I1ings sougt1l
ft you lalIlO ptOduOo!he _ or lMgS roquored by.... "",-,,". ....... _ (201 doys after IS _. !he pany serving 1hos SUllpoena
may _ a COUll order """....... you 10 comply _ .
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
~,owo-.on
NAME MIChele J Thoro EsculIll
AOORESS 305 N Front Street POB 999
Hamsbura PA 17108
TELEPHONE 1717\237.7153
SUP!U:UE COURT 10 No 11111
..nQRN€Y FOR Oefendant.le5sicA R F"QiVl
00lMy
DATE. 215/00
Seal of !he Court
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TINA V. ROSSON,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
JESSICA RENEE FEGAN.
Defendant
No.: 97-4289
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009 22
TO Custodian of Records, Dr. Larry Pepper, 4700 Unoo Deposrt Road, Harrisburg. PA 17111
(Name 0/ Penon or Enbty)
w.,"'" Noenty t2ll1 Clays aner _ 0/ Ih..lUtlMJeN. you ar. _ by "'" wort 10 1lfOCI<a!he '-'!IdOCumOntS or u.ngs
All medICal reports, treatment notes. test results, correspondence, etc. for treatment rendered on
behalf of Tina V. Rosson. d.'oIb: 6/2150; ssn: 192-42-4663.
a' THOMAS. THOMAS & HAFER. LLP, 305 N Front Street. P06 999, Hamsburg, PA 17108
,-,
Vau ma, d..... or ""'" leg<l>lo _ 0/ !he _ or pooduC. !lllnI;lS __ by ... _. togelher ...., Iho t_ 0/
tom;lllance 10... paItt mal<"'9 ..... _ .. IN -. _ aoo.o Vou""" IhO ngI'f 10 _. .. advance. tho ..- toll 0/
P"epatong "'" _ or pooduCong "'" __ sougI'C
~ you loA 10 poodutelhe dOCumOntS OI!lllnI;lS _ by .....1UtlMJeN. -.. _1201_ Iller.. _. lhe party _-1\IbllOO<1oI
may.... o wortorllO<tDo1"",,,'11 you IOctJmlllr-.
THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOlLOWING PERSON
Piull..~. CMI 0MscIn
NAAlE Michele J. Thorn ESQuire
AOORESS 305 N Front Street. PCB ~
HarnsburQ PA 17108
TelEPHONE 1717) 237. 7153
SUPREME COlJRT 10 No --!l11l_
ArrQRN(.V fOR Defendant JeuICll R Fw.an
Oopuly
DATE 215100
Seal oIlhe Coort
TINA V. ROSSON,
COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF CUMBERLA~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
JESSICA RENEE FEGAN,
Defendant
No.: 97-4289
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009 22
TO: Custodian of Records.Harrosburg Area Community College
(Name 0/ _ 01 Enbtyl
\Whin!wOrdy (2lI) _ after _ 0/ "'1Ubpoena. you are _ by Ihe alUIllO IlfOCI<a 1he -.g _... OIIhingS
All employment records. including bu1 not limrted to applicatIOn for employment, medical or dlsabdily slips. nurse's slat,
or IOfnnary room records, attendance records. payroll records, correspondence. etc. on behalf of Tina J. Rosson,
ssn 192-42-4663; dloIb: 612/50.
It THOMAS, THOMAS & HAFER, LLP. 305 N. Front Street, POB 999. Harrisburg, PA 17108
.-...,
Y", may - 01 mai IolJIllIo tGpOO$ d IN _ 01 _ !lllnI;lS -'"" by ... subpoena. togelher ...., lhe COIIlIItote d
tomj>Iionce. 10 "'" party ~ ... I1lqUOIt It Iho -.. _ _ Yow _ lie I1ghl to _, in idv....... Iho reasonotllt toll 0/
I>rel>a<ing Iho _ 01 pr-.g Iholhngs IOUghI
W IOU loA 10 _Iho _ 0I1hngs _ by \Iq 1\lC(l<lenI. ....,.. ~ 1201 days _.. leNa.lhe Pa<ly MMng",1UIlp:lona
may _. COurt...... ~ you 10 tompIy ......
THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOlLOWING PERSON'
NAME MIChele J Thoro Esoutl'e
I\DORESS 305 N. Front Stretll P08 999
Harrisburg PA 171 08
tELEPHONE /7171237,7153
suPREME COURT 10 No hm
A !TORtEY FOR O.fwldal)l............ R ,. \!g8n
~.CMI11t....""
\loputy
DATE 2lSlOO
Seal of !he Coort
TINA V. ROSSON,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
v,
JESSICA RENEE FEGAN.
Defendant
No.: 97-4289
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUB60ENA TO PRODUCE DOCUMENTS OR THINGS
F R DISCOVERY PURSUANT TO RULE 4009 22
TO: Custodian of Records, Allstate Insurance Company. 6435 Flank Drive, Harrisburg, PA 17112
(Name 01 Penon 01 Enbtyl
W_!wOrdy (20) _ after IOMtO 01 thIS subpOena. you... adored by "'" wort to proclute lhe IoIlowIng dotumenlS 0I1hingS
All claim files, including but not limited to application for benefits. medical records, medical bills. PRO reviews,
arbitration awards, correspondence, e1c., for any claims presented on behalf of Tina J. Rosson, dloIb: 612150:
ssn: 192-42-4663; Allstate Insured: Heather McKeithan. Claim No: 155178289705
.. THOMAS, THOMAS & HAFER, LLP. 305 N. Front Street, P08999, Harrisburg, PA 17108
(McllesS )
y"" may _ or _ leg<l>lo copieS 0/ .. _ or lJI'lCluce !lllnI;lS ~ by thl5 sut>;>oena. logeIIle< - lhO terIII'cate d
ccmpIIante. 1<> .. polly moki1g II1iS _ .. .. _ li51e<1 above. You hi.. .. nghl1<> _. .. ad....... II1e ....- c"" 0/
_lhe copieS 0I1l'OIklt"'9" __ SCIUgIt
. you laoIlO proclute \he _ 0I....1llqUlt8d by 1M $Ullpllerla. _ -.., (20) CloyS _lIS _.lhO polly MMng II1iS subI><JOna
may _ a tCIUtI """""","""",'II you loc:omply_ il.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOlLOWING PERSON:
P..AI...""" ,/CIIIr\. CMI 0Ms00n
NAME Michele J Thoro Esouire
AO(IR€SS 305 N front Slreet. POB 999
H3msburo PA 17108
THEPHONE r7171237-7153
SUl'MIAE COUfU lO No. 1111l___
ATTORNEYf(lll Defendant Je5""''' R FOQIltl
DopuIy
OA TE ~SIOO
Seal rJ lhe Coort
. .
TINA V. ROSSON,
C9M.M.Q~W.E.l\LItiO.f.J:E.NJ'!S.YJ.'llIN1A
C.Q.!.INIY_QEC.UM.6E.Bl.A....MQ
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
JESSICA RENEE FEGAN,
Defendant
No.: 97-4289
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCEDQc.UMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009 2~
TO: Custodian of Records, Allstate Insurance Company.
IName 01 Person or Enblyl
WilhllllWenty (201 days after 5el'VtCe oIlha$ subpoeno:a. you are ordered by tne court to produce the Ioftowsng documents or tfwlgs
All da,m files. including but not limIted to applicatIOn for benehts. medICal records. medICal bdls, PRO reviews.
arbilrat'on awards, correspondence. etc. for any cla,ms presented on behalf of Tina J. Rosson. d/oIb: 6/2150;
ssn 192-42-4663; Allstate Insured Helen M Buffington, Clall'll No: 628309398
al THOMAS, THOMAS & HAFER, LlP. 305 N Front Street. POB 999, Harrisburg, PA 17108
IAdd_1
yO\> may...."'" or mad IegtbJe "-' 0/ !he <Iocuments or _ Ih"'ll' _led by !his SWpoona. IOgeIher ...., lhe ,"""otaIlI 0/
~. 10 the potty ....."'9 "'" roquesl at ... addreSs "ted at>ove You ""'" ... nghIlO ..... WI ad\Ianao. Ihe rea_ tllOl cI
pttt""""9 .... top<es or P<Oducong Ihe I10ngs IOUg/lI
~ ,au ra4 10 ptOduce tho <lotuments or!lllnl;lS __ bt... subQoe<la. ...",., _i2ll1 day. after...-e. ""porty _... oubpoeno
ma, .... a COU'1 onIer ~ you 10 tcmpIy _ .
THIS SUBPOENA WAS ISSUED AT THE REOUEST OF THE FOllOWING PERSON
N"'ME Michele J. Thoro. Esou1l'e
ADDRESS 305 N Front Street. P06 999
Harnsbura. PA 17108
TElEPHONE 17171237-7153
SUPREME COlJRT 10 No __llUl_
ArTOIlNEV fOR Defendant Jessp R ft!Q811
~.CMIOMsoofl
Oopuly
DA TE _ 2/5/00
Seai of the Court
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I'RAECIPE FOR USTIN(; CASE FOR TRIAL
(Must bc typewrittcn and submilll'd in duplicatc)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Plcase list thc follo\\ing case:
(Chcck one) (X) for JUR Y trial at the next tenn of civil court,
( ) for trial without a jury.
M____________________________________________________________________
CAI'TION OF CASE
(entire caption must be stated in full)
(check onc)
TINA V. ROSSON.
Plaintiffs
(X) Civil Action. Law
( ) Appeal from Arbitration
v,
JESSICA RENEE FEGAN.
Defendant
The trial list \\ill be called on February 13.2001
( )
(Other)
Trials commence on March 12.2001
Pretrials \\ilI be held on February 21. 200 I
(Briefs are due 5 da}'s before pretrials.)
(The party listing this case for trial shall
provide fonh~ith a copy of the praecipe to all
counsel. pursuant to local Rule 214.1)
No. 97-4289 Chit
Indicate the attorney who ~;1I try case for the party who liIes this praecipe, Michele J. Tholp.
F"'''';re. Thomas.. Thomas I;, Hafer. LlP. P.O. Box 999. Harrisbun!. PA. 17108..()999 file
Def,....,un.. Jessiq Renee FclWl.
Indicate trial counsel for other parties if known: R.icbard F. Maffett. Jr.. F<rqIrire. 2~1 Nonh
Second Street. Harrisbun!. PA 17110. counsel for Plaintiffs,
-~
I'latN , I' \ ''''/'') I
. l...~'? ',..
lIto1l101
Print N~: .
Alk'tmt)' fur De~
Jmka R~ Fqan
,
Zt11
This case is ready for trial.
which Plaintiff sustained injuries to the same parts of her body
as were injured in the instant matter.
7. The aforesaid other two automobile accidents are the
subject of additional pending litigation captioned as: Tina V.
Rosson v Heather McKeithan, York County Court of Common Pleas No.
96-8U-04222-01; and, Tina V, Rosson v Helen Buffinqton,
CUmberland County Court of Common Pleas No. 99-3625.
8. On January 24, 2001, plaintiff filed a Motion For
Coordination And Joinder Of Actions In Different Counties
Pursuant To PA. R.C.P. 213.1 And In The Same County Pursuant to
PA. R.C.P. 213, seeking to join the above-captioned matter with
the other two (2) aforesaid actions for a single trial.
9. No ruling has been made as to Plaintiff's aforesaid
Motion For Coordination and Joinder of Actions, and said Motion
is currently pending.
10. Plaintiff has received medical treatment for her
injuries from the auto accident involving the above-captioned
matter with 8teven Morganstein, D.O., and Larry Pepper, D.M.D.,
among others.
11. Dr. Morganstein and Dr. Pepper both are unwilling to
testify live at trial due to their medical responsibilities.
l
12. Upon receiving notice of the listing of the above-
captioned matter for trial, Plaintiff attempted to schedule the
trial depositions of Dr. Morganstein and Dr. Pepper, both of
whose testimony as to Plaintiff's injuries, treatment and
disability is essential to the presentation of Plaintiff's case.
13. Dr. Morganstein and Dr. Pepper also provided treatment
to Plaintiff for her injuries suffered in the aforesaid other two
(2) auto accidents from which litigation is pending.
14. In order to avoid the excessive cost of multiple
depositions of the same medical witnesses in each of the three
(3) aforesaid actions, when the subject matter of each deposition
would be largely the same, Plaintiff attempted to schedule joint
trial depositions of Dr. Morganstein and Dr. Pepper, for use in
all three (3) pending actions.
15. Dr. Pepper is not available for a trial deposition on
any date prior to. or during. the presently scheduled trial week
of March 12, 2001.
16. The only date Dr. Morganstein is available for a trial
deposition prior to, or during, the presently scheduled trial
week of March 12. 2001. is on February 19, 2001.
~
17. Dr. Morganstein's trial ceposition is presently
scheduled for February 19, 2001; however, James G. Nealon, III,
Esquire, the attorney for the Defendant in the aforesaid related
case of Tina V. Rosson v Helen M. Buffinqton, is not available on
that date,
18. Dr. Morganstein's trial testimony is also essential in
the aforesaid related case of Rosson v Buffinqton.
19. Should Plaintiff be forced to take Dr. Morganstein's
trial deposition on February 19, 2001, in order to be ready for
trial in the above-captioned matter during the March, 2001 civil
trial term, Plaintiff would be forced to repeat Dr. Morganstein's
trial deposition for use in the case of Rosson v Buffington,
resulting in prejudice to Plaintiff as a result of the excessive
cost of multiple depositions of the same witness as to the same
subject matter,
20. No previous continuances of the above-captioned matter
have been granted or requested.
21. Continuance of the above-captioned matter from the
March, 2001 civil trial term will not cause prejudice to either
of the parties and is in the interests of justice.
~
RlctlARD F. MAFFETT. IR.
MAFFETT &. ASSOCIATES
ATTORNEYS-AT-LAW
JAMES M. rETRASCU
January 23. 2001
Michele J, Thorp. Esquire
Thomas, Thomas & Hafer. LLP
306 Nonh Front Street, Sixth Floor
P,Q, Box 999
Harrisburg. PA 17108
Re: Tina V. Rosson v Jessica Renee Faaan
Cumberland County Coun of Common Pleas
No. 97-4289
Your File No.: 602-90183
Dear Michele:
This lener is in response to your lener dated January 9. 2001, which listed
the documents you have obtained as a result of subpoenas involving the above-
captioned case; and. inquired as to which ones I wanted copies of,
Please provide me with copies of the following documents from your list:
1. Allstate Insurance Company (Buffington);
2. Pa, Insurance Consortium for Schools;
3, TICQ;
4. Computer Aid. Inc,;
5. Harrisburg Area Community College;
8. Prudential Insurance Company;
8. Or. John Schietroma;
10. Or, George Kunkle;
14. Harrisburg Hospital;
115. Polyclinic Medical Center;
18. Or. William PoIecheck. Jr.;
18. A1tstate Insurance Company;
20. Or, Mthony Mosca;
21. Occupetional Reheb & ResMrCh Association;
24. Or. St8'Vlllf'Morganat..n;
a. Or.lany Pepper; and.
28. K.....uff Lennington.
11Z11I81'1' C
Hill NO"'" ,((,'NP 'I HI I . '''''''IU\'Il.G rlN"\\lV.'NI~ 11110
r 11\'.... I ". ~" . ,.,\ . '" :t, J II J U J
the aforesaid issues based upon their medical records and reports
as Plaintiff's treating physicians.
4. As a result of previously scheduled commitments, and his
responsibilities of patient treatment, Dr. Pepper is not
available to testify live at trial, and is not available to
testimony by trial deposition until after the March, 2001 term of
civil court.
5. Undersigned counsel made effort to procure the
attendance of Dr. Pepper at a deposition to be held in time for
use at trial during the March, 2001 term of civil court, by
having his staff telephone Dr, pepper's office on January 22,
2001 and January 23, 2001, at which times contact was made with
the scheduling secretary.
6. As a result of previously scheduled commitments, and his
responsibilities of patient treatment, Dr. Morganstein is not
available to testify live at trial, and is only available for
testimony by deposition prior to, or during, the March, ~001 term
of civil court, on February 19, ~001,
7, Ondersigned counsel made effort to procure the
attendance of Dr, Morgan.tein at a trial deposition to be held in
time for use at trial during the March. ~OOl term of civil court
~
by having his staff telephone Dr, Morganstein's office on
January 22. 2001, at which time contact was made with the
scheduling secretary.
8. Plaintiff was involved in two (2) other auto accidents
within approximately the year before this accident, having
occurred on September 15, 1994. and May 15, 1995, during which
Plaintiff sustained injuries to the same parts of her body as
were injured in the above-captioned matter.
9. These other two (2) automobile accidents are the subject
of additional pending litigation captioned as: Tina V. Rosson v
Heather McKeithan, York County Court of Common pleas No. 96-SU-
04222-01; and, Tina V. Rosson v Helen M. Buff inQton , cumberland
County Court of Common Pleas No. 99-3625.
10. Dr. Morganstein also provided treatment to Plaintiff for
her injuries suffered in the aforesaid other two (2) auto
accidents from which litigation is pending.
11. In order to avoid the excessive cost of multiple
depositions of tbe same medical witness in each of the three III
actions involving Plaintiff, w~n the subject matter of each
deposition would be largely t~ same. plaintiff attempted to
,
schedule a joint trial deposition of Dr. Morganstein, for use in
all three (3) pending actions.
12. Dr. Morganstein's trial deposition is presently
scheduled for February 19, 2001; however, James G. Nealon, III,
Esquire, the attorney for the Defendant in the aforesaid related
case of Rosson v Buffinaton, is not available on that date.
13. Undersigned counsel made effort to procure the
attendance of Attorney Nealon at the trial deposition of Dr.
Morganstein, presently scheduled for February 19. 2001. by having
his staff telephone Attorney Nealon's office on January 22, 2001
and January 25, 2001. at which times contact was made with his
secretary.
14. Should Plaintiff be forced to take Dr. Morganstein's
trial deposition on February 19, 2001. in order to be ready for
trial in the above-captioned matter during the March, 2001 civil
trial term. Plaintiff would be forced to repeat Dr. Morganatein'.
trial deposition for use in Rosson v Buffinaton. resulting in
prejudice to Plaintiff as a result of the excesaive cost of
multiple depositions of the same witness regarding the .ame
subject matter.
4
IS, It is believed that the trial depositions of Dr. Pepper
and Dr. Morganstein can and will be obtained in time for use
during the next term of Cumberland County civil court.
16. All of the averments set forth in Plaintiff's Objections
To Listing And Motion For Continuance of Trial, to which this
Affidavit is attached, are true and correct to the best of my
knowledge, information, and belief.
17. This Affidavit and Verification of Plaintiff's
Objections To Listing And Motion For Continuance of Trial is made
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating
to unsworn falsification to authorities; and, I verify that all
statements made therein, and herein, are true and correct, and
acknowledge that false statements may subject me to the penalties
of 18 Pa. C.S.A. Section 4904.
Dated:
'J.. jJ../iJ1
Respectfully submitted,
Rit2;~, ~f~~"
Esq.
.
,
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given to the York County I'rothonotary by counsel for the plaintin', The costs of transfer. ifany.
shall be paid by the plaintifT.
BY TIlE COURT.
Riehard F, Maffett, Jr,. Esquire
For the PlainlilT
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Michele J, Thorp. Esquire
For Defendant Fegan
James G. Nealon. III. Esquire
For Defendant Buffington
Michael B Scheib. Esquire
For Defendant McKeithan
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