The URL can be used to link to this page

Home My WebLink About97-04803 , . " ','i , I, I, " I /, / II i " , , I i , 1,1 I, , " I,: , I I ~ I I I I I , " I, , , I .. 'I ~ C:l t co; 7. if' ~~~ M ' . .,~~~ v: 1,.- t.., ,.. , ) ~:l I " II 0' r- :0:('1 !ill' I I.'. Ir'~ [j~ I,' ~,. grt ( t::' I or, ~ m I I t j ~ ~ ~! ~ Jl~!~ ~ J ~ ~ I f"; I ~ . I '1', ,,' " , , I . ~- ~, ... h- ,,~ 1" ~{~ '. t!.~ ~) ~r I');cl- , fl '. . j;, . I u_ ',1 ",I ~ I: ~I' ,... \ 'd I , I I".. l.i.' . "" I ~j ~'" ,Ill. ' J' -I '; b rJ.; ,~ (/I Ii' ., ~ ~~~ .. 0 ~ IS j l ~ .. If !l-. ~ . .; 0 " .. ~ ~ ~ ~ 0 .. on ~ ~ j~ i " . % ~ , , . t;. I" '.. .~ ~ ,.., ~; fIl JI'" I,' l,if r?, ~: I ';l . .;, (.l. .' , , ~ ~j!: <;l " () - I,' " ~I ITl ~:if~ ' , l/ t' " 15 ffi a , , " " I . ., I. " .. , --.. , Ida a~s&d !llClf~p: !~j~~f i = i ~ = = , I \ ',' -" ;1'11 ,! ~ . fl.'''!IfJ.,l",,,lll>ttyt< ,.';7.11';,'1, 3. pefendant Delores W. StQphens, Executrix of the Estate of Charles Grant Kuhlwind, is an adult individual residing at the Lansvale Street Extended, Marysville, Perry County, Pennsylvania, 17053. Delores Stephens was appointed as the Executrix of the Estate of Charles Grant Kuhlwind on June 20, 1997, and L6tters of Testamentary were issued to her as the Executrix on June 20, 1997, by the Cumberland County Register of Wills. 4. Defendant Jean R. Todd is an adult individual residing at 4105 Park Street, Camp Hill, Cumberland County, Pennsylvania 17011. PACTS 5. On September 6, 1995, at approximately 6t1S p.m., Linda Le was a front-seat passenger in a vehiclG driven by her husband, Matthew Le, and David Le, Darla Le, and Diane Le were seated in the back seat of said vehicle. 6. At the aforesaid time, Matthew Le was operating his vehicle in the westbound lane of State Route 11 near its intersection with Gateway Drive in Hampden Township, Cumberland County, Pennsylvania. 2 . lu,,,I..;,I-I,,l,,,,,,/,,,',,)",'JHi_(, 14. At the atoresaid time and place, Charles Kuhlwind operated his vehicle in a negligent, careless and reckless manner as tollows I a. by tailing to have his vehicle under proper and adequate control at all times I b. by failing to keep a reasonable lookout for other vehicles lawfully on the highwaYI c. by failing to take any evasive action in order to avoid the collision, d. by operating his vehicle at an excessive speed under the conditions I e. by failing to operate his vehicle at a safe speed and/or by operating his vehicle in excess of the posted speed limitl and t. by failing to stop his vehicle within an assured clear distance so as not to strike the Todd vehicle. 15. As a result of Mr. Kuhlwind's negligence. careless and recklessness, Plaintiffs have sustained injuries and damages as set forth herein. 16. The aforementioned accident resulted solely from the negligence, carelessness and recklessness of Charles Kuhlwind and was not due to any act or failure to act on the part of any of the Plaintiffs. 4 . ".""!,,,'/"hl'OIIIl'" I,OJ"!.I),,.,(, 22. As a result of his injuries, Plaintiff Matthew Le may be obligated to receive and undergo medical attention, care and therapy and incur various expenses related thereto. 23. As a direct result of Charles Kuhlwind' s negligence, carelessness and reckleRsness as set forth above, Plaintiff Matthew Le has been deprived of the society, companionship, contributions and consortium of his wife, Plaintiff Linda Le, to his great detriment and financial loss. 24. As a result of Charles Kuhlwind's negligence, carelessness and recklessness as set forth above, Plaintiff Matthew Le has incurred medical bills and expenses to treat his wife's injuries. 25. As a result of Charles Kuhlwind's negligence, carelessness and recklessness as set forth above, Plaintiff Matthew Le has suffered disruption of his daily habits and pursuits, loss of wages and loss of enjoyment as a result of the injuries sustained by his wife, Linda Le. WHEREfORE, Plaintiff Matthew Le demands judgment against Delores Stephens as Executrix of the Estate of Charles Kuhlwind in an amount in excess of the jurisdictional amount requiring arbitration as set forth by Local Rule, plus interest, damages for delay and costs of this proceeding. 6 '1l,,,/..,l..,,l'III","" 'J'- IjH:,1, COtJIfT II Matth.w L. v. J.an R. Todd 26. The allegations contained in Paragraphs 1 through 25 are incorporated herein by reference as if fully set forth at length. 27. As a direct and proximate result of Jean R. Todd's negligence, carelessness and recklessness, Plaintiff Matthew Le sustained numerous severe and potentially permanent injuries in the form of various contusions, abrasions. sprains and strains to various parts of his body. 28. As a result of said injuries, Plaintiff Matthew Le has suffered, and will continue to suffer in the future. physical pain, suffering, mental anguish, embarrassment, humiliation and loss of life's pleasures. 29. As a result of said injuries, Plaintiff Matthew Le has suffered physical impairmenta which have, and may, hinder all, substantially all, or part of the material duties which constitute his usual and customary daily activities. 30. As a result of his injuries, Plaintiff Matthew Le has suffered impairment of his earning capacity and loss of earnings. 31. As a result of his injuries, Plaintiff Matthew Le may be obligated to receive and undergo medical attention. care and therapy and incur various expenses related thereto. 7 . i;lj~/.;.I~oIIt; 11",/.'1 . ')."IJHI'(, 32. As a direct result of Jean Todd's negligence, carelessness and recklessness as Bet forth above, Plaintiff Matthew Le he.s been deprived of the society, companionship, contributions and consortium of his wife, Plaintiff Linda Le, to his great detriment and financial loss. 33. As a r.esult of Jean Todd's negligence, carelessness and recklessness as set forth above, Plaintiff Matthew Le has incurred medical bills and expenses to treat his wife's injuries. 34. As a result of Jean Todd's negligence, carelessness and recklessness as set forth above, Plaintiff Matthew Le has suffered disruption of. his daily habits and pursuits, loss of wages and loss of enjoyment as a result of the injuries sustained by his wife, Linda Le. WHEREFORE, Plaintiff Matthew Le demands judgment against Jean R. Todd in an amount in excess of the jurisdictional amount requiring arbitration as set forth by Local Rule, plus interest, damages for delay and costs of this proceeding. COUNT III Linda Le v. Delores W. Stephens, Executrix of the Estate of Charles Grant Xuhlwind 35. Paragraphs 1 through 34 are incorporated herein by reference thereto as if set forth in their entirety. 8 .'~j" /,,";,',"1, "111/,,'. 'J 7. 'JHijf, 36. As a dirQct and proximate result ot Charles Grant Kuhlwind's negligence, carelesfmess and recklessness, and the aforesaid accident, Plaintif f Linda Le has suf fered severe and permanent injuries which include, but are not limited to, the following I a. cervical, thoracic and lumbar sprain/strain! b. bilateral shoulder injuries! c. right shoulder tendonitis or aggravation of right shoulder tendonitis! d. aggravation of degenerative A-C joint disease! e. right shoulder impingement syndrome! f. spondylosis or aggravation of spondylosis! g. r.ight rotator cuff tear and/or syndrome! and h. cervical and lumbar radiculopathy, i. right knee injury and pain, j. cervical, thoracic and lumbar spine injuriesl k. internal injuries, especially to her urinary system, and 1. various other severe contusions, bruises and abrasions to various parts of her body. 37. As a result of her injuries, Plaintiff Linda Le has suffered, and in the future will continue to suffer, severe physical pain, mental anguish and suffering, humiliation, inconvenience, embarrassment and loss of life's pleasures. 9 ill,,.I.,i~'lIll m",..'" ,)7"/111'(, 38. As a result of her injuries, Plaintitr. ~inda Le has been, and will continue to be, limited in her normal daily activities. 39. As a result of her injuries, Plaintiff Linda La has suffered, end will continue to suffer, great nervous and emotional distrefls, as well as impairment of her general health, strength and vitality. 40. As a result of her injuries, P1Bintiff Linda Le has been and will continue to be, required to spend money for medicine, medical care, nursing, hospital and/or surgical attention, medical appliances, therapy and household care beyond that which she might otherwise be entitled to recover. 41. As a result of her injuries, Plaintiff Linda Le has suffered, and may continue to puffer, a loss of income and loss of earning capacity beyond that which she may be otherwise entitled to recover. 42. As a result of her injuries, Plaintiff has suffered, and may continue to suffer, other financial losses beyond that which she may otherwise be entitled to recover. 43. As a direct result of Charles Kuhlwind's negligence, carelessness and recklessness as set forth above, Plaintiff Linda Le has been deprived of the society, companionship, contributions 10 . 111I,./.,,,/_'I.l.'''"I''''-,)7. tJn/,f, and consortium of her husband, Plaintift Matthew Le, to her grea~ detriment and tinancial loss. 44. As a result of Charles KUhlwind's negligence, carelessness and recklessness as set forth above, Plaintiff Linda Le has suffered disruption of her daily habits, pursuits, loss of wages and lOBS of enjoyment as a result of the injuries sustained by her husband, Matthew Le, WHEREFORE, Plaintiff Linda Le demands judgment against Charles Kuhlwind in an amount in excess of the jurisdictional amount requiring arbitration as set forth by Local Rule, plus interest, damages for delay and costs of this proceeding. COtJIfT IV Linda La v. Jean R. Todd 45. Paragraphs 1 through 44 are incorporated herein by reference thereto as if set forth in their entirety. 46. As a direct and proximate result of Jean R. Todd's negligence, carelessness and recklessness, and the aforesaid accident, Plaintiff Linda Le has suffered severe and permallent injuries which include, but are not limited to, the following! a. cervical, thoracic and lumbar sprain/strain! b. bilateral shoulder injuries; c. right shoulder tendonitis or aggravation of right shoulder tendonitis! 11 . fu,,.I"'/.!...,l, ''''Y''' ',. 'J.,. 'JX/~I, d. aggravation o~ degenerative A-C joint disease! e. right shoulder impingement syndrome! f. spondylosis or aggravation of spondylosis! g. right rotator cuff tear and/or syndrome I and h. cervical and luniliar radiculopathy! i. right knee injury and pain, j. cervical, thoracic and lumbar spine injuries! k. internal injuries, especially to her urinary system, and 1. various other severe contusions, bruises and abrasions to various parts of her body. 47. As a result of her injuries, Plaintiff Linda Le has suffered, and in the future will continue to suffer, severe physical pain, mental anguish and suffering, humiliation, inconvenience, embarrassment and loss of life's pleasures. 48. As a result of her injuries, Plaintiff Linda La has been, and will continue to be, limited in her normal daily activities. 49. As a result of her injuries, Pl.aintiff Linda Le has suffered, and will continue to suffer, great nervous and emotional distress, as well as impairment of her general health, strength and vitality. 50. As a result of her injuries, Plaintiff Linda Le has been and will continue to be, required to spend money for medicine, 12 . ' . l;"'.d./,f.",/" '''"I'"' '.')7. 'JH"l medical care, nursing, hospital and/or surgical attention, medical appliances, therapy and household care beyond that which she might otherwise be entitled to recover. 51. As a result of her injuries, Plaintiff Linda Le has sutfered, and may continue to suffer, a loss of income and loss ot earning capacity beyond that which she may be otherwise entitled to recover. 52. As a result of her injuries, Plaintiff has suffered, and may continue to suffer, other financial losses beyond that which she may otherwise be entitled to recover. 53. As a direct result of Jean Todd' a negligence, carelessness and recklessness as set forth above, Plaintiff Linda Le has been deprived of the society, companionship, contributions and consortium of her hUFoband, Plaintiff Matthew Le, to her great detriment and financial loss. 54. As a result of Jean Todd's negligence, carelessness and recklessness as set forth above, Plaintiff Linda Le has suffered disruption of her daily habits. pursuits, loss of wages and loss of enjoyment as a result of the injuries sustained by her husband, Matthew Le. WHEREFORE, Plaintiff Linda Le demands judgment against Jean Todd in an amount in excess of the jurisdictional amount requiring 13 . . . ''''''/.I'I-,,,/IIIItf/v'.'J''.''I1:,I, arbitration as set forth by Looal. Rule, plus interest., damages for delay and oosts of this proceeding. COUNT V Matth.w Le and Linda Le, on Behalf of Minors David Le, Darla Le and Diane Le v. Delores W. Stephens, as the Bxaautrix of the Estate of Charles Grant Kuhlwind 55. Paragraphs 1 through 54 are incorporated herein by reference thereto as if set forth in their entirety. 56. As a direct and proximate result of Charles Kuhlwind's negligence, carelessness and recldessness, Minors, David Le, Darla Le and Diane Le, sustained numerous severe and potentially permanent injuries in the form of various contusions, abrasions, sprains and strains to various parts of their bodies. 57. As a result of said injuries, David. Darla and Diane Le have suffered, and will continue to suffer in the future, physical pain, suffering, mental anguish, embarrassment, humiliation and loss of life's pleasures. 58. As a result of said injuries, David, Darla and Diane Le have suffered physical impairments which have, and may, hinder all, substantially all, or part of the material duties which constitute their usual and customary daily activities. 14 ',. I~l I i~ C"~i j.l, .. HI" ) (~I '_0' n "I: , -; I'd , ~r' ~ " I !.I ~ " r~t " \ 0; ~: "~I i . ~ , ' -'V [I: r', It1J ~ t' "-6..- I ~,tj I' ,-~ , CI \,/, I;.) " 1', ,J !., , , I 'I , " ., " , I I I' . II I " I" , , , , I. I , I ,. \. ., I. .. , , I I. , < ... ....~ Ii Q i ~j ~ o - 'I ",< 1 ;;. t)\ ~ ~ ""r.I J1~ li~~ ..J it C; , l d r!1 ;r.f.;t:$ .s!Z8 oi::i:5 ~ c.. 1M :I: ~~~ ~<~ .. . 7. ~ ~.. :$~?- - 01;0'1 Vl '" ~sE~ < u " ~~Z ~'-~:5 ~ ~ Q . ~ '~~Gi C8<C f~~ O"~"" I- _Z ..J ,- 0 <W.. ~~~ ~ 01 [jj~~r- ~ ,!!~ Q ~ C<I.J ~~ U~~ r......J ~ ~~ 1 < = uJj:X I.I.J < i5 i=~ ~ ~< ~~ a~ ,~ of, u ~ Q Q~ e " "I, I Hllhl"'IAlIIIIIlA\UOl.'~~~n.A"hl 1 'nil'" 1).111'01". HIli. II At.! ...,".". 11\ IN ~. II/.~ ~, At.! MA'ITIIEW LE. LINDA L.E. lIusbllnd and Wife; DA VIO l.E. u Minor. by MA'ITHEW LE AND LINDA l.E. his PurenlS and NlllUrul Guurdillns; DARL.A L.E. u Minor. by MATTHEW LE IInd LINDA I.E. her PUl'enls und NIlIUI'OI : Guul'diuns; und DIANE I.E, II Minor, by MATTHEW LE AND LINDA L.E. her Parenls und NIUUrul Guul'dlllns. Plaintiffs IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.4803 CIVIL ACTION.LAW v. DELORES W, STEPHENS, As Ihe Executrix oflhe ESTATE OF CHARLES GRANT KUIILWIND; and JEAN R. TODD, Defcndunts JURY TRIAL OF TWELVE DEMANDED DEFENDANT DELORES W. STEPIIENS. As the Eucutrlx of the Estate of Charles Grant Kuhlwlnd's ANSWER WITH NEW MATTER AND CROSSCI.AIM TO PLAINTIFFS' COMPLAINT TO: MATTHEW LE. LINDA 1.1', Husband and Wife. DAVID LE, 0 Minor. by MATTHEW LE and LINDA l.E. his I'arenls IInd Natural Guardians; DARLA LE, a Minor, by MATTHEW l.E and LINDA LE. her Parents and Nalural Guardians; and DIANE LE, a Minor, by MA lTHEW 1.1' and LINDA LE, her Parents and Natural Guardians, Plaintiffs, and their allomey, DENNIS R. SHEAFFER and JEAN R. TODD, Defendanl, IInd her allomey, TIMOTHY I. MARK, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND CROSSCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. \.2, Admilled base on Information received. 3. Admilled. 4. Admilted based on inlilrmalion received, 5-16. Denied pursuanllo Po, R.CI'. \029(e). WHEREFORE, Defendanl Delores Stephens, Executrix of the Estate of Charles Grant Kuhlwind demands judgment in her favor and dismissal of PIaintill's Complaint with prejudice. COUNT I Mllllhew 1.e v. J)elorn...W.....stJ:I1Iu:/JJJa~ulrlJ( of Ihe EmlDte ull:J1JIrlfi.!llJllltKllJtlwJwl 17. The IlVCnnenlS of pllmgraphs I through I (I arc hereby in.:orpomted by reference. IH.25. Denied pursuanllol'a, ltCI', 102'1(e). WIlEREFORE. Defendanl Delores Slephens. he.:utrix of tbe ESHlle of Charles Grunt Kuhlwind demllllllsjudgmenl in her lill'or IInd disnlissalnf I'lainlitrs Complaint with prejudice. U1Um.11 Mallhc>>:..LLV. Jc.m It Todd 26. The avcnnents ofp"mgmphs I through 25 arc IIl:reby in.:orporated by reference. 27-34. The Ilvcnnents of these paragraphs refer to a party other than the Answering Defendant and, therelilre. no response is required, WIlEREFORE. Defendant Delnres Stephens. Exe.:utrix of the Estate of Charles Grant Kuhlwind demands judgment in her 1:ll'0r and dismissalnf Plaintiffs Complaint with prejudice. C.illlJ~ITJU l.Indlll.e v. Delores W. Stl:vhells, Exe.rutID of Ihe Estate ull:hul'les Grnnt Kuhlwlnd 35. The avennents of paragraphs I through 34 arc hereby in.:orporllted by reference. 36-44. Dcnicd pursuant 10 Pa, R,C.p, 1029(e), WHEREFORE. Dcfcndant Delores Steplwns. he.:utrix of the Estate of Charles Granl Kuhlwind demands judgmcnt in her I:lvnr and dbmissal of Plaintitrs Complaint with prejudice. COlJNT IV Lin.!1o Le v. Jelln R. 'IJlillI 45. The avcrmcnts of paragraph I through 44 arc hereby incorporated by refercnce~ 46-54, The averments of these paragraphs refer to a party other than the Answering Dcfcndant and. thcrcli)rc, no response is required, WHEREFORE. Defendant Delores Stcphens. Exceutrix of the Estate of Charles Grant Kuhlwind demands judgmcnt in her Iilvor and dismissal of Plaintiffs Complaint with prejudice. COUNT V MBUllew Le IInd L1ndll Lc.JJJJ Uclllllf of Millon I)lIvld Le. Dllrln Lc !llId J)hlJl~L!LY,JldJ.lt.\'Ji..ww'iliIl.lill1Jl.JLLtbe.. EllJ:u II"I x I) (jjl!: J:.:~JlIh:J1llJI1111n.!.l r 11111 K II II Ilrlnd 55. The llwnnents of parugraph I lhrllugh 54 arc herehy ineorporaled by reference. 56-64. Denied pursuant hI I'a. R.CI'. 1029(e). WHEREFORE. Dclcndant Delores Stephens. Execulrix Ill' lhe Estllle of Charles GrIlnl Kuhlwind demllllds judgmem in her l'lvor and dismissal of Plaintilrs Complllint with prejudice. I'lliW MA'IIJ:;n 65. The avennents of paragraphs I through Moflhis AnsIVer lire incolpllmled hereill by refcrence. 66. The Plaintift's claims arc harred by the applicable Statute of Limitations. 67. The Plaintift's recovery is baITed or reduced by the Pennsylvanill Motor Vehicle Financial Responsibility I.aw as amended. 68. Plaintiffs or their representatiws cbose tbe limited tort option by signing a valid sele.;tion fonn. 69. Plaintiffs' injuries do not involve death, serious impainnent of bodily function or permanent disfigurement. WHEREFORE, Defcndant demands judgment in his/her favor and dismissal of Plaintiffs' Complaim with prejudice. NEW MATTER PURSUANT TO PA. R.CP. 2252/0\ 70. The avennents of paragraphs 1 tbrough 69 of this Answer arc hereby incorporated by reference. 71. ffPlaintitls arc entitled to recovcr Iromany party as alleged in Plaintiffs' Complaint, Ihen Defendant Jean R, Todd is primarily liable to Plail1ljft:~ or liable over 10 Defcndanl Delores W. Stephens, As Ihe Executrix of the Estate ofCbarles Grant Kuhlwind; or isjointly and severally liable ~; ,.... ~. - t:,; (.1: ,. ."_oj .f/' ra l. . ' 2, ~ .J. (I." ,i ,~j I", fj>,. l 'jll r.:' /, ,,, ,I, el!, (,..', J/(;,I ' , t:2 ,IJI.l.. f: ..1 '\ .)., d '.J rJ' ". ~, " , ~ 1- o ~ _ N ~ ~ t:- oIiI ~ & ~. ~ a i:! If J > !:: ~~i '~"I · ~ <:< 0; .:IV) .... I~ j~ == '"/,.l",J_'li",I'~'_ '~,~i ~t', 1'1':'" . MATTHEW LE, LINDA LE, Husband and Wife! DAVID LE, a Minor, by MATTHEW LE AND LINDA LE, his Parents and Natural Guardians I DARLA LE, a Minor, by MATTHEW LE and LINDA LE, her Parents and Natural Guardians I and DIANE LE, a Minor, by MATTHEW LE AND LINDA LE, her Parents and Natural Guardians, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-4803 CIVIL ACTION - LAW Plaintiffs v. DELORES W, STEPHEnS, As Executrix of the ESTATE CHARLES GRANT KUHLWIND! JEAN R. TODD, the OF and Defendants JURY TRIAL DEMANDED PLAINTIPPS' REPLY TO DEPENDANT KUHLWIND'S NEW MATTER 65. No response is necessary, 66. Denied as concl.usion of law, 67. Denied as conclusion of law. 68. Denied. It is sped f icaHy denied that the Plaintiffs or their representatives chose the limited tort option by signing a valid selection form, To the contrary, Plaintiffa or their representatives chose full tort option under their automobile insurance policy in effect at the time of thin accident, 69. Admitted in part and denied in part, It i[1 admitted that Plaintiffs' injuries did not involve death. It in specifically denied that Plaintiffs' injuries did not result in serious impairment of a bodily function and/or permanent dinf igurement. ".- 1.(,1 (t; r-: .. I . : ~ (.; . . I: ,L, I.. I ld Iii -- ,.; I. I' ~, I, (:~l '.1 O"l '. r... , .-'7 j., '..1, I J 'J',',;. '-'(JI ! I ~ .. . . ) \,~) , , I , I I' " ". , , ,I I; .\ ., , , " " , ' ~ en is C'l '. t\, ~" .. .,)...r; ~~~,l - '-'I". ," ~l: I,./:;!, lJ, f, ~'... ;'~] ~I';" ,- I' - : .;0'1) b'" I ("J,;> r'l: ~- ' <. 111,1 J. ,,' LOr~-.. I ;~ J ~:; m . u" , ,.f , i , 1,1 " , 1\; . , I ':) lI. t I I .,. ~ 8 ~~ ~ ~ co E J } Ii : ~ ~ k oj i IX " i 0 ill .. it IX . ~ c .. z J 0 '" ..... r:l tr. ~; r CO'; 111:1 N r'j ( )j" ,.,. :or.: "I" f~j' ,~. .~ I~:j '~l ti [" Cl r'?" ("l I ..~ 6-" 1-' ":', " f.J ,,/ilj C.J " en .J '2 q' d [rj 1 ! I ~ .~ J ~ ~ ) ~O l.! ~ '" I~~ ~ . 'I ~ i~ ~ . 'iil .HI ~ ~ ~ +J ~ c- L~ " ~ ~ ~ ~ if :: ~~' ~~~:A $ ~ l~lQ !~j i'- ~ .~ ~ I I 8V)~R . ;5 ~ ~ Q ~ E ~ Q ~ Ui ~ . ~:x: ~ I ~ ~ ~ ~! c ~ I ~ ~ ~ <I- I- " 'I . i d " ' , 'I, . ~ .. . " , ,r/,' <-, . '.."',1 I, ,'. 'j',: ;_,,'_I',,'~J': 1':'1',\,',> , I ,_,- ~, .' . .,' ,.- ,/ t'" ',' , ,: t . _ i' 'J. .f; ,"/"1\ L~_I' :, ~1;1 . , , ,,' \ - ,r "~I ,; ~, ~ \ 11 i ,,' ,; I \' ..' ",',::';':'}':;'f';\;"I:'?;:;,:;',:,.,; "" I _, I," j' ,'- _ ' . ~ r _. t "! '- t " I " I .' .. t"',. v'- ,r, ~l-~; ',. " ~ . I ,.'! ~ :,_,' d:,~I'/';;_-;,-'!i',~ ,'of ," ,', ,_' l' -)-; :' "~'l .,' ! ,\ ~. (I . . ,;.;:.:i.~"J.~i"J;-;:,::~r"';_'\''-t,._:~-"",I::,. ':' 'i., I " .' '1.1"" ..\.,..:_ '';~ "-'," . I,.: 1_, . ',. . ,,_ 1-,'I..J IJ, ~.., f ", - , . 'I Ji: ::1":, ~-'.~?Y .,1,::',: '" , ' ~ , , I' . I .. ",., \ ... . '" " " NOV 0 4. 199atiJ ... ~ I 'J III )'JIA IAIIII'~ IliA' I ~ M. .,..., ~ I 1.11 1I1'.1I11 I '..~I,.I II~~N" 1M N411'M .."....1 II~~Y". Itl"; 'II'''' .,~\'n MA'ITIIEW I.E. LINDA I.E. 1I11shlllul 1I11l1 WI'~; DA VIIJ I.E. u MlnLlr. hy MA'ITI WW I.E ANIJ LlNIJA I.E. his Purents lInd NUlllrul Ollurdluns; IJAIU.A I.E. u MinLlr. hy MA'ITIIEW I.E und LlNIJA LI:. her Purents und NUlll1'll1 : Olluntlllns; nnll IJIANE LI:. u Minor. by MATnlEW I.E AND LINDA I.E. her Purents ulllI NUlllrul GlIurdiuns. Plulnliffs IN TilE COURT OF COMMON PLEAS OF cUMllmU.AND COUNTY, PENNSYLVANIA NO. 1)7-411113 CIVIL ACfION-LAW v, DELORES W, STEI'IIENS. As lhe EXe~1I1rlx of the ESTATE OF CIIARLES GRANT KUIILWIND; und JEAN R, TODD. Dd~ndurlls JURY TRIAL OF TWELVE DEMANDED DEFENDANT DELORES W, STEPHENS'. whe EXI~~lItrix of the Es!ute of Churles Grun! KlIhlwlml. MOTION TO COMPFL DISCOVFRY AND NOW, ~on1CS Dct~ndulll. Delorcs W. Stephcns. us the Exe~utrix of Churles Grunt Kuhlwind, by und through her ullorneys. MARTSON DEARDORFF WILLIAMS & OTTO, und moves the Court us follows: I. This personul injury ~use wus ~omn1Cn~ed viu Pruedpe for Writ of Sununons on September 4, 11)1.)7, by Dennis R. Sheufl~r. Esquire. 2. On June Ill, )lJ<JII. Defendllnl's ~ounsel ~onlemporuneously served upon Allorney Sheuffer, Defundunt's First Set of Inlerrogu!ories Dire~ted to Pluintiff und u Reljuest for Produ~tion of Do~uments. Copies of lhe Interrogutories and the Reljuest for Produ~tion of Documents ure hereby uttu~hed us Exhibits A und B. respe~tively. 3. The Inlerrogutories und Re'IUes! for Produclion of Do~un1Cnls seek busl~ information regurding uny rnedkul providers Plaintiff may havc seen sin~e the date of the a~ddent, und other perlinent information ne~essury 10 do~un1Cnl!heir daim for damages. 4. On September II. II)<JII. Defendunl's ~ounsel notitied Attorney Sheuffer thut in the interests of expediling selllen1Cnt of Churles Grunl Kuhlwind's Estute. unswers to Defendant's discovery should be providcd fOrlhwith. ExhIbIt A ~ o o , 'III H"'AtAtlIHIlA\.'lkll'"'\''' IN' 1'1111.. l,,~.. 1~'ll""1I1Iln"M 1It.1..... ...1"""11111'.11'1'14 Il/llll " ~ MArrllL:W LE, LINDA LE, lIu~hand olld Wife; DA VID I.E, a Minor. hy MA 11'IIEW I.E AND LINDA I.E. hi~ l'arclIl~ Illld NIllUrill GUllnIiIlIlN; DARI.A 1.E, II Millor. hy MA'ITIIEW I.E Illllt LINDA I.E. her I'llrelllN alld Nlllural GuurdiallN; Illld DIANE I.E. II Minor, hy MA'ITHEW I.E AND LINDA I.E. her I'llrclIlN Illld Nlllurul GuardillnN. Plllintillii IN TilE COURT OF COMMON PLMS OF CUMIJl!RI.AND COUNTY, PENNSVLVANIA NO. 97-4803 CIVIL ACTlON.LA W v, DELORES W, STEPHENS, AN the EXI.'Culrix of the ESTATE OF CJlARI.ES GRANT KUIILWIND; and JEAN R, TODD, JURY TRIAL Of TWELVE DEMANDED Defendllnl~ DEFENDANT DELORES W, STEPHENS' FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS TO: MAITHEW LE. LINDA I.E. Ilushand Ilnd Wile, DAVID I.E. a Minor, by MATTHEW LE and LINDA LE, hiN PllrenL~ and Nalural Ouardians; DARI.A I.E. a Minor, by MATTHEW I.E and LINDA I.E. her Parenls and Natural Guardians; and DIANE LE, II Minor. by MATnlEW I.E and LINDA I.E, her Parenls and Naluml Guardians, PlaintilTs. and their lI11orney. DENNIS R. SIIEAFFER Enclosed arc Interrogatories propounded by Defendanls 10 he answered under oath by the aforesaid Plainti 11' pursuant to Pa, R,C.p. No, 4()()S, wilhin thirty (30) days from the date of~CIVice hl.'Teof. A copy of said Answer.; shall he served upon counsel f(lr DelendW1L~ atlhe address below. These Interrogalories shall he deemed to he continuing Interrogatories and if. between the time of your Answers to said Interrogatories and the time of trial oflhis case. you or onyone acting in your beholf learn of any further infonnalion not contained in your said Answers, you shall promptly furnish said in'llmmtionto Ihe undersigned by supplcmcntal answers. As used hcrein. the words "accident" or "occurrcnce" rcfcr 10 the event or events described in your Complaint and all related events and circumstances, TIle word "you" or "your" includes your attorneys, representatives, insurers. and all others purporting to act on your behalf. Unless otherwise specified. response to the following Interrogatories shall give the requested infonnation for the period from September 6, 1995 to the present (hereinafter sometimes referred to as the "time period"), Exhibit "A" Intorroaalllry Nil. 5 As to the Injuries claimed In InllllTOaltory No.4. have YOllllVor e~pcrlllIIcod 0' been tteatod for the same or similar condition? ANSWER: , , , , ,I , , " , , I ,,' , " , , " I , exhibit B , , \ ~ o u t' \JltI.~)A r Mil t11J1AVIl"'C YI\.U 111m Iv"," n... WU/tlill t' 01 1''''' 1t.1I.... OClIIM'UI JI III'''' JOlfl)lIJ MA'lTIIEW 1.E. LINDA LE. Hushand nnd Wife; DAVID LE, u Minor. hy MA'lTHEW I.E AND LINDA LE, his Parents Bnd Natural Guardiuns; DAI~LA I.E,11 Minor. by MATrJlEW I.E und LINDA LE, her Parenls und Nnturul Guardians; and DIANE LE, u Minor, hy MA'lTIIEW LE AND LINDA I.E. her Pnrents IlI1d NUlumI Guurdians, Plaintill.s IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97.4803 CIVIL ACTION. LAW v, DELORES W, STEPHENS, As the ElIcculrill of the ESTATE OF CHARLES GRANT KUHLWINU; und JEAN R. TODD, Defendants JURY TRIAL OF TWELVE DEMANDED DEFENDANT DELORES W, STEPHENS'REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS TO: MA TIHEW LE. LINDA LE. Husband and Wife. DAVID LE. a Minor, by MA TIIIEW LE and LINDA I.E, his Parenl~ and Natural Guardians; DARLA I.E, a Minor. by MA THIEW LE and LINDA LE, her Parents und Nutuml Guardiuns; and DIANE LE, a Minor, by MA TrIIEW LE and LINDA I.E. her I)areal~ and Naturul Guardians. 1)laintifT.~, and their attorney. DENNIS R, SHEAFFER AND NOW, this 18th day of June, 1998. pursuant to Pa, R,C.P. 4009, as amended, eomes the Defendant, Delores W. Slephens, by its Allomeys, MARTSON, DEARDORFF, WILLIAMS & OlTO, Ten EllStlligh SlrL'Ct, Carlisle, Pennsylvania, and requests PlaintitTs to pmduce for inspection, ellamination and copying, at the above otlke, not laler tban thirty (30) days nller service of this Request the following documenls: I. All photographs in the possession, custody or control of Plain tilT, counsel for Plaintiff. or any other person or entity acting on behalf of Plaintiff. ineluding any insurers for Plaintill: showing, representing or purporting to show any vehicles. locales, instrumentalitics, persons, property, and any and all other mailers related to the subject matters of this litigation, 2. All diagmms, sketches. dmwings, plans, measareml:n15 or blueprints in the possession, custody or control of Plaintiff. counsel fill' Plaintifl~ or any other person or entity acting on behalf of Plaintiff. ineluding any insurer of Plaintiff, showing representing or purporting to show any of the instrumentalities. locales, persons or other matters involved in the incident which limns the bllSis of Plaintiffs Complaint, 3. All statements, signed statemcnts. transcripts of recorded statements or interviews. recorded statements if not transcribcd or any statement or recorded statements if not tmnscribcd vcrbatim takcn of any partics, persons or witncsses as part of an investigation of thc happening or cause of the incident in question, conductcd by, or in thc posscssion of, Plainlill~ Plaintill's attomcy. insurers or anyone else action on bchalf of Plaintiff Exhihlt "B" 4. All expert opinions. expel1 report~. cxpert summaries ur othcr writings of expeau in possession, custody or conlrol of I'laintlfl', I'laintlll's allomeys or insurers. which relate to the subject malleI' of this Iillgatiunand the incidcnt in ,!uestiun, 5, All documcnts pl'cpurcd hy I'lainlll1'. or by any insarers, reprcsentatives, agents or anyone aCling on behalf ofl'lainlill; cxccpll'luilllill's attomeys. durin!! unlnvcsligaliun of any Wipect oflhe incidcnt in qucslion. Sud, doculllcnts slmll includc any doculllenls mude or prcparcd up through the prcsenttlmc. with the exclusion of Ihe IlIcntalunprcssions. conclusions or opillions rcspectlng the 'Ialuc or mcril of a claim or dcfcnse. or rcspccting slmlegy or taclics. (NOTE: As rcferrcd to herein. "d'lcumcnIS" includes writtcn. printed. typcd. rL'l:orded or grnphic mullcr, howcver pl'llduced ur rcproduccd. including correspondence. telcgrams, othcr written comlllunlcations. dala pmccssing storngc units. lapcs, contrncts. lIgreements. notcs. IlIcmoranda, analyses. projcctions, indicclJ. work pupcrs. sludics. reports, surveys, diaries, calcndars, mms, photographs, diagrams, drawings. minules ofmcclings or any other writiag (including copies of the foregoing. rcgardlcss of whclher Ihe parties 10 whom this request is addrcsscd arc now in the posscssion, custody ur conlrol of Ihe original) now in Ihe posscssion. euslody or control of Plaintiff, I'laintill's fonner or presenl counsel. agents. cmployees. ollicers. insurers or any other person action on Plainlifl's behalf.) 6, If not othelwise coverLd by the above Requests, the complete c1aimslinvestigulion/subrogation/no-tilUlllile(s) of I'laintitl' or any insurers Ihereof, dealing with the incident in question, with the exclusion of the mcnlal imprcssions, conclusions or opinions respt.'Cting the value or merit of a claim or defense, or respecling strategy ur taclics. 7. All documents in the possession, custudy or control of Plaintiff, I'laintifl's counsel, insurers, or Ilnyune else acting 011 Plaintill's behalf; dealing in any way wilh all injurics, damages and losses sustaincd by the Plaintifl This should indicate, but not be limiled to, bills, invoiccs. estimates, appraisals, inventories, reports and all uther documents rclating to the damages allegcd in Plaintifl's Complaint. 8, A copy of the declarations pagc of any insurance policy where you would be lID insured party or other documcnt indicating Ihc tort option (full or limited) which would be applicable, 9, If any doeumcnt or class of documents is being withheld onlhe basis of any privilege, identify the document or class of documents. the datc ur dates of Ihe documents, its author or originator, as well as the privilege which is being asserted, M^~ARUO~FJ. WILLIAMS & OlTO B 15:Jt~ ,11 y ..._.___..-.1 Georg , roller, Jr., Esquire J.D. Number 49813 Ten Eastlligh Streel Carlisle, PA \7013 (7\7) 243-334\ Attorneys f(lr Oefendant Delores W, Stephens " , , " , , " I'! I' Exhibit C .\ !I Ii !Il " I! ,I " '1-.1 , , : , ". I \ \ . . , . \ , I . \ '.,r! !HI! . , TUCKER ARENSBERO & SWARJ'Z III NORTH FIloNT STRI!ET P,O, BOX 889 HARRISBURG. PENNSYLVANIA 17108,OBK9 (717) 2J4.4121 . . FEB, 0, 8 200BbP ".~~......_- ._",.........,....--~.. -'-1 . , , , ,I . I , , ! ,I>" I, I I .\ , I " , Ji'. 'f, d '. , , i Lr/ -., 'i- vehicle lIccidenl which occulTed llll RuUlU II Suuthbound (Cudlslu Plku) In Ilumpden Township. Cumberlllnd Cuunt)', PellllsylvlInill. 2. Minor Durlu's dute ufbirth Is Decumbel' I. 1'187, Minor Diune's dutu ufblrth Is December I, 1'187, 3. On the dute oftbe uccldent. September 6, 1995. Petitluner MUllhcw J.u wus uperullng u vchlclc which \\'US struck from behind hy u vehiclc driven by Jean R. Tudd, which hud been slruek vlulently frum hehlnd hy u vehicle drlwn by Churles G. Kuhlwlnd, The Tl)dd vehicle wus pushed into the I.e vehicle, Jcun It Tudd wus Insurcd by Eric Insumnce. 4. On the dute of the uccldent. the Minors resided with Petitiuners. Unlhu dute of the uccldenl. the Petlliuners hud un mllu insurunce policy with Uberty Mutuullnsurunee Compuny. Policy Nu. A02-281-355002-805. Petltiuners brought u c1uim ugulnst Churles 0. Kuhlwind und Jeun R. Tudd und thclr Insumnce compunles. Tl'llvelers Property Cusuulty und Eric Insurunce Group. individuully und us parents und natuml guardiuns of the Minors. 5, Euch of the Mlnurs sustuined Minur injuries liS u resulloflhe uccidenl in question. None oflbe Minors required cure or Ireulment I'll' the injuries sustuined In Ihe uccidenlln queslion, The Minors quickly recuvered froll1the injuries sustained In Ihe acclden\. 6, Tmvelers Property Casually Insurance Company has accepled Ilabilily forthe uccldenland on behalfofCharles G, Kuhlwind. has uffered tu pay $100.00 to euch oflhe Minors lor Iheir claims arising froll1the injuries susluined in the accidenlln queslion. 7, The Petilioners cunsider the uffcr uf $1 00.00 1(11' each uf the Minors 10 be a fuir selllementand believes it is in the best interest of the Minurs to acceptthut oncr, The Petilioners retuincd Dennis R, Shcaffcr. Esquire, of thc law tinn of Tuckcr Arensbcrg & Swarlz 10 rcpresent Ihc Minors In lhcir cluhllK. Counscl hus ul!reed to wuiw un)' Utlllrnc)'s' Icus und Cllsts III bc ussesscd ul!ulnsllhc Minors' sUlllcmcnts. 8. Thc sulllcmenl puyuble to Minors Nhull he deposited Inn suvlnl!s uecount inlhe nUlllc oflhe Minor, In u hunk. building und lounnsNoc!ollon or slIvlnl!s nnd IOlln uSNociutlon, dcposiled und which urc Insurcd by u Fedcrul Govcl'llmcnlul ^gency, pruvldcd thutlhe umounl deposited inuny one such savings IInd IOlln inslltutlon shullnol excced the IImount which uccounls ure thus insured, No wlthdrllwlIl shull be mude from such IIccount until the Minor obtulns muJority, exccptus ullthorlzcd by powcr of this ('ourt. I'roof of the dcpusit shull bc promplly med of record. pursuant to Pa.R,C.P, 2039(b)(2), 9. Churles G. Kuhlwlnd wus rcpresented hy Georgc FlIller, Esquire. Inlhc nbovc action. Jeun Todd wus represcnted by (', Kentl'rice. Es4uirc.lnlhe ubove uctlon, BOlh oflhese counscl concur in the liIing of the Petition und join inthc requcsl oflhe upprovnlof Ihe selllcmenl und dislribtlllon. WIIEREFOI~E, your Petitioners respcctfully rC4uests this Ilonorublc Court to cnter an Order upproving the proposed sClllementllnd distributlonofthc nforCIllCl1lloncd c1nims 1l1r Minors, Durlu Le and Diune Le, und ulllhorizlng the PctltlonerN 10 executc u ruleasc liS Ihe Minors' parents und nUlural guurdiuns in fuvor ofChurlcs Kuhlwind und Jeun Todd .Travclcrs r . , I \ I I \ \ , , .. , \ " ~ _,,", .-i,,-;~ 'fi '''t'H:;,&tNf}~1;1'ft~~V'f;'i!''ft-fi!f'iI~~~"~~ll'J!~4,'i%''-'''h'n:,L -"1,"-,;' j " " MDW&O 11'..."'MA'Hl,j,A'!\1l I ,AIJ\".A' I , . " jl " Tv,," EA\!' "111,11 STlll'H CAfIIJ~U. Ilt"'N~~ ,...'At.;I" 17l)1.~ "I , , "~~';41';i.\{.~~,Ift""o~~"1.v~liIW'Ujif-~" .... l'v~--'-.I"-' .It . \ . r, " , ~ " " " '. I , i \ \ '. \ ,I/' . , ~.~.. ,. ,- ,~;:~. "'~':'''''''''''-r, ;...:..:~~"" "~'""J'~ , ,.) "t' ,.., .,... ''',: ,,~ I'~ . , I .. 1"1"r " v's '! ' , ","' II" iJ rf '" fL. d I' I I d "n , , , ,I,;;. ",' ,<I 'jJ " \:)(1" ... " (,.-, "i , I f:a .:j " I, " II' if 1 , (' I' I' I-I " , , I,',