HomeMy WebLinkAbout98-00062
HAROLD .. IRWIN, III, "QUIR.
ATTORN.., ID NO. 2112.
U .A'T HIGH IT
CARLIIL. PA 17.U
(717) 2a.....
ATTORN.., 'OR PLAIN",,,.
TBRRY L. DITCH .nd
PAULA J. DITCH, hi. wlf.,
PI.lntIH.
: IN THE COURT OF COMMON PLeAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
; NO. ~ - (p,) CIVIL TERM
VS.
WILLIAM F. JENNINGS .nd
C F C TRANSPORTATION, INC.,
D.f.nd.nt.
.
.
: IN TRESPASS
: JURY TRIAL DEMANDED
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 an attorney
and filing in writing with the court your defenses or objections to the claims set forth
against you, You are warned that if you fail to do so the case may proceed without you
and a jUdgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the
plaintiff, You may lose money or property or other rights important to you,
NOTICE
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP,
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
\
TI!IUIY L. DITCH .nd
PAULA J. DITCH, hi. wlf.,
".Intl".
: IN THI! COURT OF COMMON PLIIAI OF
: CUMBI!RLAND COUNTY, PI!NNIYLVANIA
: CIVIL ACTION. LAW
VS.
:
: NO.". qf.~:J- CIVIL TERM
WILLIAM F. JENNINGS .nd
C F C TIlANSPORTATION, INC.,
Defend.nt.
: IN TRESPASS
: JURY TRIAL DEMANDED
COMPLAINT
NOW come the plaintiffs, Terry L. Ditch and Paula J, Ditch, his wife, by their
attorney, Harold S, Irwin, III, Esquire, and file this complaint against the defendants,
William F, Jennings and C F C Transportation, Inc" representing as follows:
1, Plaintiffs Terry L. Ditch and Paula J, Ditch, his wife, are adult individuals
residing at 2084 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania
17201,
2, Defendant William F, Jennings, is an adult individual residing at Route 1,
Box 114, Dardaman, Mississippi 38878,
3, Defendant C F C Transportation, Inc" is a corporation, with its principal
office located at p, 0, Box 8057,2601 B Cleda Drive, Columbus, Mississippi 39705,
4, At all times relevant hereto, defendant William F, Jennings was an
employee of defendant C F C Transportation, Inc" and acting within the scope of his
employment.
"
.'
5, On January 15, 1996, defendant William F, Jennings was operating a
tractor trailer northbound on Interstate Route 81, In Cumberland County, Pennsylvania,
6, At said time and place, the tractor trailer being operated by defendant
Jennings was owned by defendant C F C Transportation, Inc,
7, At said time and place, plaintiff Terry L. Ditch was operating a 1990
Nissan automobile northbound on Interstate Route No, 81 in Cumberland County,
Pennsylvania, directly in front of defendant Jennings,
8, At said time and place, plaintiff Paula J, Ditch was a passenger in the
automobile being lawfully and carefully driven by her husband, plaintiff Terry L. Ditch,
9, At said time and place, defendant Jennings attempted to pass plaintiffs'
vehicle; however, in the process of passing, defendants' vehicle struck plaintiffs'
vehicle In the rear, causing a collision between these vehicles and the resultant injuries
and damages to plaintiffs as hereinafter set forth,
I
,
I
10, Said collision and the resulting injuries and damages to plaintiffs were
solely due to the carelessness, recklessness and negligence of defendant Jennings,
Including but not limited to the following:
A.
I'
I
In falling to have his vehicle under proper control;
8,
In failing to drive at a safe speed;
,
I':
,(
-'
C, In failing to properly maneuver his vehicle into the passing lane so
as to avoid a collision with plaintiffs;
D, In failing te take appropriate action to avoid the plaintiffs' vehicle;
and
E, In otherwise failing to exercise appropriate care and caution under
the circumstances,
11, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collision that resulted therefrom, plaintiffs suffered
property damages to their vehicle in an amount of at least $3,339,00,
COUNT I
TERRY L. DITCH
v.
WILLIAM F. JENNINGS and CFC TRANSPORTATION, INC.
12, The averments of plaintiffs' complaint, paragraphs one through eleven are
incorporated herein by reference as if fully set forth at length,
13, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Terry L.
Ditch suffered serious personal injuries, including, but not limited to serious lower back
injuries and sciatica,
I"
14, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Terry L.
Ditch's back Injuries and sciatica have required an extensive course of treatment and
physical therapy, Including, but not limited to three painful lumbrosacral spinal
Injections, which have not fully resolved his Injuries nor eliminated the pain suffered as
the result of these Injuries,
15, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Terry L.
Ditch's back injuries and the resultant sciatica are likely to create the necessity for
future medical treatment, physical therapy, extended recuperation and medical
expenses resulting therefrom,
16, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Terry L.
Ditch incurred substantial medical expenses in excess of Eight Thousand ($8,000,00)
Dollars for evaluation and treatment of his i'1juries and extended care and will probably
in the future incur medical expenses for care related to the injuries incurred in this
accident.
17, As the direct result of defendant's negligence, reckless and carelessness
as aforesaid and the collisions that resulted therefrom, plaintiff Terry L. Ditch suffered
loss of income during the period of time in which he was unable to work due to the
injuries, treatment and recuperation therefrom and will probably again in the future
suffer loss of income due to future medical care related to the injuries incurred in this
accident.
18, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the coli is Ions that resulted therefrom, plaintiff Terry L.
Ditch suffered serious pain, suffering and discomfort, Inability to perform his normal
routine, household activities, and a loss of life's pleasures, and wlli probably again in
the future suffer serious pain, sUffering and discomfort and related affects on his
enjoyment of life due to his injuries and future medical care related to the injuries
incurred in this accident.
19, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the coliisions that resulted therefrom, plaintiff Terry L.
Ditch suffered the loss of his wife's affections, care and companionship during the time
of their treatment, care and recuperation from their injuries, and continues to suffer
similar losses due to the physical problems from which she continues to suffer and due
to future medical care she wili receive related to the injuries she incurred in this
accident.
WHEREFORE, plaintiffs demand judgment against the defendants in an amount
in excess of Twenty-five Thousand and no/100 ($25,000,00) Dollars, plus costs of this
action, attorney fees and delay damages,
COUNT II
PAULA .J. DITCH
v.
WILLIAM F. .JENNINGS and CFC TRANSPORTATION, INC.
20, The averments of plaintiffs' complaint, paragraphs one through eleven are
incorporated herein by reference as if fuliy set forth at length,
\
21, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Paula J,
Ditch suffered serious personal Injuries, Including, but not limited to a herniated disc
and a central disc protrusion, numbness from her neck to her toes, arms and fingers,
headaches, low back pain, pain In her thigh, decrease In all motions of the neck and
the Inability to extend her neck beyond neutral, tenderness over the lumbar spine and
over the posterior midcervlcal region and dizziness,
22, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Paula J,
Ditch's Injuries have required an extensive course of treatment and physical therapy,
including, but not limited to physical therapy, the wearing of a cervical collar, heat
therapy and medication, none of which have resolved her injuries nor eliminated the
pain suffered as the result of these injuries,
23, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Paula J,
Ditch's requires surgery consisting of an anterior cervical discectomy with possible
spinal fusion and cervical plate, which surgery, although designed to relieve her
continual pain, has the potential for new pain, numbness, weakness, paralysis, loss of
bladder, bowel and/or sexual functions, problems breathing, swallowing and/or
speaking, spinal fluid leak, the need for future surgery, spinal instability or other major
difficulties, In addition, there is an 8 - 12 week recovery period to determi':le whether or
not the surgery is effective and a 3 - 6 month physical therapy regimen following
surgery, Both the surgery and the physical therapy afterwards will be difficult, painful
and expensive processes,
24, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted tharefrom, plaintiff Paula J,
Ditch Incurred substantial medical expenses In excess of Five Thousand ($5,000,00)
Dollars for evaluation and treatment of her Injuries and extended care and will In the
future Incur medical expenses for surgery and care related to the injuries Incurred in
this accident. Said future surgery has been estimated to require medical expenses
from about $15,000,00 to as high as $40,000,00 for hospital and physician costs,
25, As the direct result of defendant's negligence, reckless and carelessness
as aforesaid and the collisions that resulted therefrom, plaintiff Paula J, Ditch has
suffered loss of income and continues to be unable to maintain any gainful employment
due to the injuries, treatment and recuperation therefrom and her constant pain,
26, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Paula J,
Ditch suffered serious pain, suffering and discomfort, inability to perform her normal
routine, household activities, and a loss of life's pleasures, which condition continues
as present and will probably continue in the future to suffer serious pain, suffering and
discomfort and related affects on her enjoyment of life due to her injuries and future
medical care related to the injuries incurred in this accident.
27, As the direct result of defendant's negligence, recklessness and
carelessness as aforesaid and the collisions that resulted therefrom, plaintiff Paula J,
Ditch suffered the loss of her husband's affections, care and companionship during the
time of their treatment, care and recuperation from their injuries, and continues to suffer
similar losses due to the physical problems from which he continues to suffer,
, .
WHEREFORE, plaintiffs demand Judgment against the defendants In an amount
In excess of Twenty-five Thousand and no/100 ($25,000,00) Dollars, plus costs of this
action, attorney fees and delay damages,
HAROLD S, IRWI ,III
Attorney for plaInt s
January ~ 1998
35 East High Street
Carlisle, PA 17013
(717) 243-6090
Suprer,ne Court 10 No, 29920
(
VERIFICATION
The foregoing complaint Is based upon Information which has been gathered by
our counsel In the preparation of this lawsuit. The language of the document Is the
language of our counsel and not our own, We have read the complaint and to the
extent that it Is based upon Information which we have given to our counsel, it Is true
and correct to the best of our knowledge, information and belief, To the extent that the
content of the complaint is that of counsel, we have relied upon counsel in making this
verification, We understand that false statements made herein are subject to the
penalties of 18 Pa,C,S.A. Section 4094, relating to unsworn falsification to authorities,
January & ,1998
~r~/b!-/A:/
ERRY , ITCH
~-~~
PAULA J, o/fCH
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COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PRAECIPE FOR ENTRY OF APPEARANCE
Kindly enter my appearance in the above-captioned action
on
behalf
Defendants,
William
Jennings
and
of
F.
CFC Transportation, Inc.
I am authorized to accept service on
behalf of said participants in this matter.
REYNOLDS & HAVAS
A professional Corporation
Date: 71 {[11 e
By:
Banko, Jr.
.D. #41727
101 pine Street
Harrisburg, PA 17108-0932
(717) 236-3200
Counsel for Defendants,
William F. Jennings and
C F C Transportation, Inc.
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct
copy of the foregoing document on all counsel of record by placing
the same in the united States Mail at Harrisburg, Pennsylvania,
first-class postage prepaid, on the ~~ day of February, 1998,
addressed as follows:
Harold S. Irwin, III, Esquire
Hitner House, suites 201 and 202
35 East High street
CarliSle, Pennsylvania 17013
(Counsel for Plaintiffs)
REYNOLDS & HAVAS
A Professional corporation
By:
/J ('
ctlAMhJ AP#.~
s~aron Dell-Gallagher ~
Secretary
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAUL J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
: CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defel1dants
.
.
.
.
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Terry L. Ditch and Paula J. Ditch, Plaintiffs
c/o Harold S. Irwin, III, Esquire, counsel for Plaintiffs
Hitner House, suites 201 and 202
36 East High Street
Carlisle, Pennsylvania 17013
YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER
AND NEW MATTER OF DEFENDANTS, WILLIAM F. JENNINGS and
C F C TRANSPORTATION, INC., within twenty (20) days from service
hereof, or a default judgment may be entered against you.
Respectfully submitted,
REYNOLDS & HAVAS
A Professional Corporation
~; ,
Date: 11ID)0 1
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. Banko, Jr.
1.0. #41727
101 pine Street
Harrisburg, PA 17108-0932
(717) 236-3200
Counsel for Defendants,
William F. Jennings and
C F C Transportation, Inc.
, ,
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and : No. 98-62 Civil Term
PAUL J. DITCH, his wife, .
.
Plaintiffs .
.
. CIVIL ACTION - LAW
.
v. :
: IN TRESPASS
WILLIAM F. JENNINGS, and :
C F C TRANSPORTATION, INC. , .
.
Defendants . JURY TRIAL DEMANDED
.
ANSWER AND NEW MATTER OF DEFENDANTS,
WILLIAM F, JENNINGS, and
C F C TRANSPORTATION, INC.,
-- Pa.R.C.p. No. 2252(d) -_
TO PI,ATNTIFFS' COMPLAINT
1 . Denied. After reasonable investigation , Defendants,
William F. Jennings ("Mr. Jennings") and C F C Transportation, Inc.
("CFC") , hereinafter referred to sometimes collectively as
Defendants, are without knowledge or information sufficient to form
a belief as to the truth of the averments contained in this
paragraph and, therefore, they are denied.
2. Admitted,
3. Admitted.
4. Admitted.
5. Admitted.
6, Admitted.
7. Admitted.
8, Denied. While
it is admitted that Plaintiff Paula
Di tch was a passenger in a motor vehicle being operated by her
husband, all other allegations contained in this paragraph state a
legal conclusion to which no response is necessary.
9. Denied.
10. (a) - (d).
Denied. The allegations contained in
this paragraph state a legal conclusion to which no response is
necessary.
(e). Pursuant to an agreement of counsel, this
subparagraph has been withdrawn from Plaintiffs' complaint and
accordingly, no response on the part of Defendants is required.
11. Denied. The allegations contained in this paragraph
state a legal conclusion to which no response is necessary. By way
of further answer, it is specifically denied that any conduct on
the part of Defendants was negligent or that Plaintiffs sustained
any injury as a result of any conduct on the part of Defendants.
Count I
Terry L. Ditch v. William F. Jennings
and C F C Transportation. Inc.
12. The answers contained in paragraphs 1 through 12
hereof are incorporated herein by reference as if set forth in
their entirety.
13. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
- 2 -
14. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
15. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
16. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
17. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety,
18. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety,
19. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
WHEREFORE, Defendants, William F. Jennings and
C F C Transportation, Inc., demand judgment in their favor and
against Plaintiffs.
~
- 3 -
~
Count II
Paul J. Ditch v, William F. Jennings
and CFC Transportation. Inc.
20. The answers contained in paragraphs 1 through 11
hereof are incorporated herein by reference as if set forth in
their entirety,
21. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
22, Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
23. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
24. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
25. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
26. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
- 4 -
27. Denied. The answer contained in paragraph 11 hereof
is incorporated herein by reference as if set forth in its
entirety.
WHEREFORE, Defendants, William F. Jennings and
C F C Transportation, Inc., demand judgment in their favor and
against Plaintiffs,
NEW MATTER
28. The answers contained in paragraphs 1 through 27
hereof are incorporated herein by reference as if set forth in
their entirety.
29. Plaintiffs' claims, if any, are governed by their
tort selection.
WHEREFORE, Defendants, William F. Jennings and
C F C Transportation, Inc., demand judgment in their favor and
against Plaintiffs.
NEW MATTER - Pa.R.C,P. No, 2252(dl
30. without admitting the truth or falsity thereof,
Defendants incorporate herein by reference paragraphs 1 through 7
of Plaintiffs' complaint as if set forth in their entirety.
- 5 -
a. failing to have his vehicle under proper
control;
b. failing to drive at a safe speed;
c. failing to maneuver his vehicle properly
so as to avoid losing control of the
vehicle and having his vehicle leave the
traveled portion of the roadway; and
d. failing to take appropriate action to
avoid the loss of control of his vehicle.
31, At the time and place stated, Plaintiff Terry L.
Ditch, negligently, carelessly and recklessly operated his motor
vehicle as follows:
32. Such negligence, was the sole, direct and proximate
cause of any injury allegedly sustained by his wife, plaintiff
herein, Paula J. Ditch, any injuries being specificallY denied by
Defendants herein.
33. As a result of the negligent conduct of plaintiff
Terry L. Ditch as aforesaid, he is solely liable to plaintiff,
Paula J. Ditch, jointly and severally liable with Defendants or
liable over to Defendants by way of indemnity or otherwise, any
liability on the part of Defendants being expressly denied.
WHEREFORE, plaintiff Terry L. Ditch is solely liable to
plaintiff, Paula J. Ditch, jointly and severally liable with
Defendants or liable over to Defendants by way of indemnity or
- 6 -
otherwise, any liability on the part of Defendants being expressly
denied.
REYNOLDS & HAVAS
A Professional Corporation
Date: ~\ ~\~~
By;
. Banko, Jr.
I.D. #41727
101 Pine Street
Harrisburg, PA 17108-0932
(717) 236-3200
Counsel for Defendants,
William F. Jennings and
C F C Transportation, Inc.
- 7 -
VERIFICATION
I, Jimmy Rhodes, in my capacity as Safety Manager for
C F C Transportation, Inc., hereby certify that I am authorized to
make this Verification on behalf of said Company, that I have
reviewed the foregoing Answer and New Matter which has been drafted
by counsel on behalf of the Company, and the facts set forth
therein are true and correct to the best of my knowledge,
information and belief.
This statement and Verification are made subject to the
penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn
falsification to authorities, which provides that, if I make
knowingly false averments, I may penalties.
Date: ';;/:7/ fi'
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct
copy of the foregoing document on all counsel of record by placing
the same in the united states Mail at Harrisburg, Pennsylvania,
first-class postage prepaid, on the Id~day of February, 1998,
addressed as follows:
Harold s. Irwin, III, Esquire
Hitner House, suites 201 and 202
35 East High street
Carlisle, Pennsylvania 17013
(Counsel for Plaintiffs)
REYNOLDS & HAVAS
A professional corporation
By:
/
.
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SIIERIFF'S RErUfHl - U, S, CERTIFIED 11AIL
CASE NO: 1998-00062 P
COMMONWEAL Tll OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DITCH TERRY L ET AL
VS.
JENNINGS WILLIAM I" ET AL
R, Thomas Kline ' Sheriff or Deputy Sheriff of
CUMBERLAND County, Penn~ylvania, who being duly sworn ~ccording to law.
served the within named DEFENDANT. JENNINGS WILLIAM I"
by United States Certified Mail postage prepaid, on the
12th
day of
January 1998,-, at 1100:00 HOURS, at ROUTE 1 BOX 114
DARDAMAN. MS 38878
a true and attested copy of the attached COMPLAINT
The returned receipt card wa~ signed by NICOLE JENNINGS
on 1/J.611998.
18,00
2,98
,00
2.00
S2~,~B HAROLD IRWIN III
02/05/1998
Sw,?rn ang.,Bubscribed,to before me
th~s ,,- day of ,::;,.1.", ")'
19_1J_sr.. A, D.
~~
Sher~ff's Costs:
Docketing
Certified 11ail
Affidavit
Surcharge
SIIEBIFT'S RETUrW
l),c;, L:(,WrIFIEI' tlAIL
CASE HO: 1998-00062 P
COMMotlWEALTlI OF PENIISYLVAIIIA:
COUNTY OF CUMBERLAND
DITCH TERRY L ET AL
VS,
JENNINGS WILLIAM F ET AL
R, Thomas Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT, C F C TRANSPORTATION INC
by United States Certified Mail postage prepaid, on the 12th day of
January 1990 , at 1100:00 HOURS, <It POBOX 8057
2601B CLEDA DRIVE
COLUMBUS, MS 39705
a true and attested copy of the attached COMPLAINT
The returned receipt card was signed by CONNIE MURPHY
on 1/28/1998.
Sheriff's Costs:
Docketing
Service
Certified Mail
Surchargo:
5,00
.00
2,98
2.00
s~answe~. : .,~ ,./
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H. omas K11ne, ~her1II
.~,~:.::. ~
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$1(1), ':11:3 HAROLD IRWIN, III
02/05/1998
Sworn and sUbscribe~jo before
th1s ~ day of J .........7
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I -P1tnI)'OlXnItIW and add,.. on IhI ,...,..,.. 01 th61 form 10 IhII WI can ,aU,m this extra 'ee): i
cord 10 you,
._1hla loon 10 tho IronI 01 tho mollpioco, or on tho bode hpoce - not 1, 0 AddrelO8e'a Addre..
I .=;'RetumR~_ed'onthomolploc:obolowthoOJtldo......-, 2,0 Reolr1ctodDellvery ,- .,~".....,~-
'Ii _The RMwn ReceIpt wlIlhow to whom IhI artIde was deIvIfed 1M the date I'
8 - ConouIlpootmallarlorfee,
13, Ar1IcIe Addreooed to: 4a, Ar1IcIe Number : :
William F. Jennings Z 013 269 784 j' '".
,,) Rou te 1. Box 114 4b, Service Type .
'-' " ..J
Dardaman. MS 38878 CI Reglstored IIilCerUnod','
CI Expre.. Mall CI Insured f:," . ,
CI RoIumRoc:olptforMorthondse CI COD ~"
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I C F C Transporation. Inc.
, P.O. Box 8057
! 2601B Cleda Dr.
I Columbus. MS 39705
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followtng oorvlcea (for en
oxtra 110): I;',:
1, 0 Addre_'a Add....
2, 0 Roolr1ctod Delivery
Consul Ii"
t pootmaotor for 1M,
4a, Ar1IcIo Number
Z 013 269 783
JI:
4b, Servtce Type
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7, DOle 01 Deliry '" I
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8, Addre_'a Addre.. (Only" rlqUNrod I':'
end fH ,. pokI) ~
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eel By: (Ptfnl NIImo)
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8,. SIgnature: (Addrrweo or Agont)
X i(J~}J IJ (E .M. u~Pi:l
PS Fonn 3811. December 1994
I025Q5..97.8.()179
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HAIIOLD I, IIIWIN, III, IIQUIIII
ATTOIINIY ID NO, 2112.
n BAIT HIOH IT
CAIILIILI PA 17.13
1717) :aa.....
ATTOIINIY 'Oil PLAINTI"I
TE....Y L. DITCH .nd
PAULA J. DITCH, hll wife,
PI.lntlHI
: IN THE COU"T OF COMMON PLEAS OF
: CUMBE"LAND COUNTY, PENNSYLVANIA
!
: CIVIL ACTION. LAW
VS.
: NO. II . 82 CIVIL TE"M
WILLIAM F. JENNINGS .nd
C F C TRANSPORTATION, INC.,
Defend.nts
.
.
: IN TRESPASS
: JURY TRIAL DEMANDED
ANSWER TO DEFENDANT"S NEW MATTER
NOW, come the plaintiffs, by their attorney, Harold S, Irwin, III, Esquire, and
respond to the defendant's new matter, representing as follows:
\
,
I
28, In response to this paragraph, the averments of plaintiffs' complaint,
paragraphs one through twenty-seven are incorporated herein by reference as if fully
set forth at length,
1
29, The averments of paragraph nineteen of the defendant's new matter are
conclusions of law to which no response is required,
~
WHEREFORE, plaintiffs demand judgment against defendant as prayed for in
their complaint.
,\
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,
ANsweR TO DEFeNDANTS'
New MATTeR. PA.R.C.P. NO. 2252 00
30, In response to this paragraph, the averments of plaintiffs' complaint,
paragraphs one through seven are Incorporated herein by reference as If fully set forth
at length.
31, The averments of paragraph thirty-one of the defendants' new matter are
conclusions of law to which no response Is required, However, If a response Is
required, these averments are specifically denied, On the contrary, the negligence of
defendants was the sole, direct and proximate cause of the motor vehicle accident
which is the subject of this action and the resulting personal injuries suffered by
plaintiffs, as stated in plaintiffs' complaint.
32, The averments of paragraph thirty-two of the defendants' new matter are
conclusions of law to which no response is required, However, if a response is
required, these averments are specifically denied, On the contrary, the negligence of
defendants was the sole, direct and proximate cause of the motor vehicle accident
which is the subject of this action and the resulting personal injuries suffered by
plaintiffs, as stated in plaintiffs' complaint.
33, The averments of paragraph thirty-three of the defendants' new matter
are conclusions of law to which no response is required, However, if a response is
required, these averments are specifically denied, On the contrary, the negligence of
defendants was the sole, direct and proximate cause of the motor vehicle accident
which is the subject of this action and the resulting personal injuries suffered by
plaintiffs, as stated in plaintiffs' complaint.
WHEREFORE, plalnllffs demand judgment against defendant as prayed for In
their complaint.
February '20,1998
HAROLD S, IRWIN, III
AUomey for plaintiffs
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243.8090
Supreme Court 10 No, 29920
,
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VERIFICATION
The foregoing answer is based upon Informallon which has been gathered by my
counsel In the preparallon of this lawsuit. The language of the document Is the
language of my counsel and not my own, I have read the answer and to the extent that
It Is based upon Informallon which I have given to my counsel, it is true and correct to
the best of my knowledge, information and belief, To the extent that the content of the
answer is that of counsel, I have relied upon counsel in making this verification,
understand that false statements made herein are subject to the penalties of 18
Pa,C,S.A. Section 4094, relating to unsworn falsification to authorities,
February ~ 1998
~/l/2~/- /?.;if~
TERRY L, Q!fCH
~~N4L
PAULA J, DIT
'~
"
y
:,.
Ci~
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing answer to new mailer was served
this date by depositing same In the Post Office at Carlisle, PA, first class mall, postage
prepaid, addressed as follows:
STEPHEN L, BANKO, JR" ESQ
REYNOLDS & HAVAS
101 PINE ST .
HARRISBURG PA 17108-0932
February .111998
Attorney for Defendants
/~~
~ROLD S, IRWIN, III
Attorney for Plaintiffs
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID No, 29920
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COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No, 98-62 civil Term
CIVIL ACTION - LAW
v,
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents
and things pursuant to Rule 4009.22, Defendants, William F.
Jennings and C P C Transportation, Inc" certify that
(1) a Notice of Intent to serve subpoenas with
copies of the subpoenas attached thereto was mailed or
delivered to each party at least twenty (20) days prior
to the date on which the subpoenas are sought to be
served;
(2) a copy of the Notice of Intent, including the
proposed subpoenas, is attached to this certificate;
(3) no objection to the subpoenas has been
received; and
(4)
identical
Intent to
the subpoenas which will be served are
to the subpoenas attached to the Notice of
serve the subpoenas.
REYNOLDS & HAVAS
A Profes 'onal corporation
Date: , D'~B~
By:
L, anko, Jr.
ey I.D, #41727
101 pine Street
Harrisburg, PA 17108-0932
(717) 236-3200
Counsel for Defendants,
William F. Jennings and
C F C Transportation, Inc.
:;:
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
.
.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendants, William F. Jennings and C F C Transportation,
Inc., intend to serve subpoenas identical to the ones attached to
this Notice. You have twenty (20) days from the date listed below
in which to file of record and serve upon the undersigned an
objection to the subpoenas. If no objection is made the subpoenas
may be served.
REYNOLDS & HAVAS
A Professional Corporation
Date:
By:
Stephen L. Banko, Jr.
Attorney I.D. #41727
101 pine Street
Harrisburg, PA 17108-0932
(717) 236-3200
Counsel for Defendants,
William F. Jennings and
C F C Transportation, Inc.
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
: IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
:
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Lobar Construction Company
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Terry Lynn Ditch IDOB: 5/8/53. SS No. 172-46-4089\: all
emplovment records. includina applications. performance
evaluations. disciplinarv notifications. attendance records.
salary/payroll records. and all else relating to Mr. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(prothonotary)
.1
"""
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 Civil Term
v.
CIVIL ACTION - LAW
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
IN TRESPASS
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE nOCUMENTS OR THINGS
TO: Records Custodian for Chambers burg Hospital
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of ReynOlds
& Havas, A Professional corporation, 101 Pine Street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
~e~~~ L~nu Di~b lnQB' S/B/53. SS N~. lZ2-4~-J~a9\' all h~apital
records. including intake, ~h~~ts~ admission notes. ~harts. results
of diagnostic studies. 1nclu....ina films. a!:ld all I:li!tient records
relatina to Mr. Dttgh
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of COmpliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
ReynOlds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
( Prothonotary).
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 Civil Term
v.
CIVIL ACTION - LAW
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
IN TRESPASS
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Waynesboro Hospital
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 Pine Street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Ter~ I~nn Ditch lDOB: 5/8/53. SS No. 172-46-40B9), all hgapital
records. including intake sheetis. a~~iis~i~n ~ot;;~ ~harts. results
of diagnostic studies. includ_~g !!_ms. and all ~tient records
relating to Mr. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
HarriSburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(Prothonotary)
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
v.
CIVIL ACTION - LAW
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Washington county Hospital
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of ReynOlds
& Havas, A Professional corporation, 101 pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Ter~ ~nn Ditch IDOB: 5/8/53. SS No. 172-46-40B9\: all hospital
records. including intake sheets. admission notes. charts. results
of diaanostic studies, including films. and all patient records
relatina to Mr. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Prothonotary)
(Seal of the Court)
3632-1
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Carlisle Hospital
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 Pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Terrv Lvnn Ditch IDOB, 5/B/53. SS No. 172-46-4089\, all hospital
records. including intake sheets. admission notes. charts, results
of diaqnostic studies. includina films. and all Datient records
relating to Mr. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
BY THE COURT:
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
Date:
(Seal of the Court)
3632-1
(Prothonotar}') "
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
(
).
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Frank S. Bryan, M.D.
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 Pine Street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Terry ~nn Ditch lDOB: 5/8/53. SS No. 172-46-4089\: all records,
includina notes of office visits. films. results of diaanostic
studies. correspondence. and all else relating to Mr. Ditch.
,
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
I I
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If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(Prothonotary)
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
v.
CIVIL ACTION - LAW
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Daniel J. Chess, M.D.
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Terry Lynn Ditch IDOB: 5/B/53. SS No. 172-46-4089\: all records.
including notes of office visits. films. results of diagnostic
studies. corresDondence. and all else relatinq to Mr. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY TIlE COURT:
Date:
(prothonotary)
(Seal of the Court)
3632-1
~, ~
h.
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records custodian for John P. stratis, M.D.
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 pine Street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Terry ~nn Ditch IDOB, 5/B/53, SS No. 172-46-4089): all records.
including notes of office visits. films. results of diaqnoBtic
studies. correspondence. and all else relating to Mr. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Prothonotary)
(Seal of the Court)
3632-1
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 civil Torm
CIVIL ACTION - LAW
v.
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
IN TRESPASS
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Keystone Health Services
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 Pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Terry Lvnn Ditch (DOB: 5/8/53. SS No. 172-46-4089), all records.
includinq notes of office visits. films. res~if~ of ~i;Q~~;ti~
studies. corresDondence. and all else relating to M~~ D!!~n.
,
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(Prothonotary)
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 90-62 civil Term
v.
CIVIL ACTION - LAW
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Donegal Mutual Insurance
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Terry Lynn Ditch mOB: 5/8/53. SS No. 172-46-40B9\: the claim
file regarding your insureds, Ray and Barbara Rotz: File No.
G095046B 072595: DOL: 07/25/95) reqarding injuries sustained bV
including claim activity loas. ~ayout sheets. medical records. peer
review reports. correspondence. and all else related to
Mr. Ditch's claim.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
(Seal of the Court)
(Prothonotary)
I
I
i
~
;
Date:
3632-1
COMMONWEALTH OF PENNSYLVANIA
IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCII, his wiro,
plaintirts
No. 98-62 civil Torm
v.
CIVIL ACTION - LAW
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for PMA Insurance
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Terry Lynn Ditch IDOB: 5/8/53. SS No. 172-46-4089): the workers'
comDensation file generated as a result of claims filed ~y
Mr. Ditch at Claim No. 5095W06962000000. DOL, 09/20/95: and Claim
No. 5095W07561000000. DOL: 10/26/95). including claim activity
logs. payout sheets. medical records. peer review reDorts.
correspondence. and all else related to Mr. Ditch's claims.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
",
i,
BY THE COURT:
Date:
(Prothonotary)
(Seal of the Court)
3632-1
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, hiD wire,
plaintirtB
No. 98-62 civil Term
v.
CIVIL ACTION - LAW
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Hershey Medical Center
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 Pine Street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch lDaB: 12/03/55. SS No. 220-58-2724\: all hospital
records. including intake sheets. admission notes. charts. results
of diagnostic studies. including films. and all patient records
relating to Ms. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(prothonotary)
(Seal of the Court)
3632-1
c
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Washington County Hospital
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch IDOB, 12/03/55. SS No. 220-58-2724\: all hosDital
records. including intake sheets. admission notes. charts. results
of diagnostic studies. including films. and all patient records
relating to Ms. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this SUbpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This SUbpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
HarriSburg, Pennsylvania 17108-0932
(717) 236-3200
;
I
,
~
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
i
,
,.
~
I
t
,
I
I
I
I
I
BY THE COURT:
Date:
(Seal of the court)
3632-1
(Prothonotary)
i,
! 1
~
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMUERLAND COUNTY
v.
I No. 90-62 civil Term
I
I
I CIVIL ACTION - LAW
I
I IN TRESPASS
I
TERRY L. DITCH and
PAULA J. DITCH, his wiro,
plaintiffs
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Chambersburg Hospital
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 Pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch (DOB' 12/03/55. SS No. 220-58-2724\: all hospital
records. includina intake sheets. admission notes, charts. results
of diagnostic studies. includin9 films. physical theraDV records.
and all patient records relating to Ms. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(Prothonotary)
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 civil Term
v.
CIVIL ACTION - LAW
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Chambers burg Hospital
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 pine Street, Harrisburg,
Pennsylvania 17101 the fOllowing documents or things relating to
Paula J. Ditch lDOB: 12/03/55. SS No. 220-58-2724\: all hos~ital
records, including intake sheets. admission notes. charts. results
of diagnostic studies. includina films. phvsical therapy records.
and all patient records relating to Ms. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
)
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
!
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(Prothonotary)
"
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 90-62 civil Term
CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Waynesboro Hospital
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 pine street, HarriSburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch IDOB, 12/03/55, SS No. 220-58-2724\, all hospital
records. includinQ intake sheets. admission notes. charts, results
of diaQnostic studies. includinQ films, and all patient records
relating to Ms. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
stephen L. Banko, Jr.
Attorney I.D. No. 41727
ReynOlds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(prothonotary)
(Seal of the Court)
3632-1
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'l
TERRY L. DITCH and
PAULA J. DITCH, his wifo,
Plaintil'l's
No. 98-62 Civil Term
v.
CIVIL ACTION - LAW
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
IN TRESPASS
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Carlisle Hospital
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 Pine Street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
EaYla ~ Ditch lDQB' 12/03/55. SS No. 22g-5a-2Z2~\' all hga~ital
records: inc1udina intake Sh;;";t,,~ a;;;;;ission notes. ~harts. results
of diaQ'nostic studIes. inc~udlnq films. atld all ~tient records
relating to Ms. Dfuh.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
ReynOlds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(prothonotary)
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 90-62 civil Term
v.
CIVIL ACTION - LAW
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Frank S. Bryan, M.D.
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 pine Street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch (DOB: 12/03/55, SS No. 220-58-2724\: all records,
includinq notes of office visits. films. results of diagnostic
studies. correspondence. and all else relating to Ms. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this SUbpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(Prothonotary)
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Keystone Health Services
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 Pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch IDOB: 12/03/55. SS No. 220-58-2724\: all records.
includinq notes of office visits. films. results of diagnostic
studies. correspondence. and all else relatina to Ms. Ditch.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or prOducing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
stephen L. Banko, Jr.
Attorney I.D. No. 41727
ReynOlds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(prothonotary)
(Seal of the court)
3632-1
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Manpower Temporary Services
Within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 Pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch (DOB: 12/03/55. SS No. 220-58-2724\, all records
relatina to positions held bv and jobs assigned to Ms. Ditch.
includina aDDlications. businesses to which she was assigned. jobs
to be performed. dates assianed, attendance at those assiqnments,
rate of pav. claims for workers' comDensation. job evaluations. and
all else relating to Ms. Ditch's association with Ma~power.
You may deliver or mail legible copies of the documents
or produce things requested by this SUbpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the court)
3632-1
(Prothonotary)
COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
Plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for Assante's Pizza
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional Corporation, 101 Pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch IDOB: 12/03/55. SS No. 220-58-2724\: all records
relating to Ms. Ditch's emDloyment, including applications. jobs
assiQned. attendance records. performance evaluations. salary
records. disciplinary reports. and all else relating to Ms. Ditch's
emlllqyment.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producinq the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
i
I
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i
I
,
Attorney for Defendants,
William F. Jenninqs and C F C Transportation, Inc.
BY THE COURT:
Date:
(Seal of the Court)
3632-1
(prothonotary)
.~
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COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
CIVIL ACTION - LAW
v.
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records Custodian for State Farm Insurance companies
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch mOB: 12/03/55. SS No. 220-5B-2724\: all claim
file materials related to the claim of Paula Ditch v. Paul Haaer
138-1504-616: DOL: 06/19/97\. including claim activity logs.
status reports. pavout sheets. medical ~ecords. ~eer review
re\;lorts. photographs. corre:;;pondence. and all else relating to
Ms. Ditch's claim.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
HarriSburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(Prothonotary)
(Seal of the Court)
3632-1
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COMMONWEALTH OF PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. DITCH and
PAULA J. DITCH, his wife,
plaintiffs
No. 98-62 civil Term
v.
CIVIL ACTION - LAW
IN TRESPASS
WILLIAM F. JENNINGS, and
C F C TRANSPORTATION, INC.,
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
TO: Records custodian for General Accident Insurance
within twenty (20) days after service of this subpoena,
you are ordered by the court to produce at the offices of Reynolds
& Havas, A Professional corporation, 101 pine street, Harrisburg,
Pennsylvania 17101 the following documents or things relating to
Paula J. Ditch (DOB: 12/03/55, SS No. 220-58-2724): all claim
file mate.rials relat"'id !=o the claim of Paula Ditch 173658697P:
DOL' 0~/97L- inc ud1ng claim activity logs. status reports.
pav~ut sheets. medi~;ii ~~~i~rds. peer review reports, photograuhs.
~~e~PQ~Qg~gg, ~nQ ~_l g_~g ~"'latina to Ms. Ditch's claim.
You may deliver or mail legible copies of the documents
or produce things requested by this subpoena, together with the
certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance the
reasonable cost of preparing the copies or prOducing the things
sought.
If you fail to produce the documents or things required
by this subpoena within twenty (20) days after its service, the
party serving this subpoena may seek a court order compelling you
to comply with it.
This subpoena was issued at the request of:
Stephen L. Banko, Jr.
Attorney I.D. No. 41727
Reynolds & Havas
Post Office Box 932
Harrisburg, pennsylvania 17108-0932
(717) 236-3200
Attorney for Defendants,
William F. Jennings and C F C Transportation, Inc.
BY THE COURT:
Date:
(prothonotary)
(Seal of the court)
3632-1
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct
copy of the foregoing document on all counsel of record by placing
the same in the united states Mail at Harrisburg, Pennsylvania,
first-class postage prepaid, on the q~i day of September, 1998,
addressed as follows:
Harold S. Irwin, III, Esquire
Hitner House, Suites 201 and 202
35 East High Street
Carlisle, Pennsylvania 17013
(Counsel for Plaintiffs)
REYNOLDS & HAVAS
A Professional corporation
I
By: 'l ., ;
Sharon Dell-Gal
'secretary
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CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct
copy of the foregoing document on all counsel of record by placing
the same in the United states Mail at Harrisburg, Pennsylvania,
first-class postage prepaid, on the ;~ day of October, 1998,
addressed as follows:
Harold S. Irwin, III, Esquire
Hitner House, suites 201 and 202
35 East High street
Carlisle, Pennsylvania 17013
(Counsel for Plaintiffs)
REYNOLDS & HAVAS
A Professional Corporation
By:
dh~ aol,~//~
~haron Dell-Gal1aghe ,
Secretary
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.
IIAROLD S. IRWIN, III, ESQUIRE
ATIORNEY ID NO. 29920
35 EAST IIIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATIORNEY FOR PLAINTIFFS
TERRY L. DITCII and PAULA
J. DITCH, husband and wife,
Plaintiffs
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS.
: NO. 98-62 CIVIL
WILLAIM F. JENNINGS, and
CFC TRANSPORTATION, INC.
Defendants
: IN TRESPASS
PLAINTIFF'S RESPONSE TO DEFENDANTS'
REQUEST FOR PRODUCTION OF DOCUMENTS
1. None yet created.
2. Excluding the Plaintiffs, whose statements the Defendants already possess in the form
of transcribed depositions, there are no other witness statements currently in the possession the
Plaintiffs, their agents, attorney or employees possession. Letters to the Plaintiffs and Plaintiffs
attorney are included under Answer 8.
3. See 2. above
4. No experts have yet been retained.
5. See 4. above
6. See 4. above.
7. In response to Defendants' request, Plaintiffs attach the following:
a. Copy of Application to Obtain Copy of Accident Report stating "No Record", dated
11/29/97. .
b. Copy of Paula 1. Ditch's financial responsibility ID card.
c. Copy of Rclcasc for Propcrty Damagc Only relcasing Dcfcndants and Midland
Insurancc for an amount of$3,339.00.
"Plaintiffs' counscl is in thc proccss of obtaining tax rcturns, as rcqucstcd by Dcfcndants'
Intcrrogatory numbcr 27 and this Rcqucst and will supplcmcnt this rcsponsc at that timc.
8. In rcsponsc to Dcfcndants' rcqucst, Plaintiffs attach thc following mcdical information:
A. Lcttcrs from doctor Lchman to Dr. Bryan datcd 2/27/96;3/20/96;
6/18/96;10/17/96;11/21/96
B. Itcmizcd statcmcnt from Dr. Bryan datcd 10/10/96
C. Estimatc Icttcr from John Rcitzcl datcd 12/2/96
D. Lcttcrs from Dr. Bryan datcd 12/26/96;4/22/96;5/2/97;6/2/98
E. Hcalth Insurance Claim Form from Dr. Bakcr datcd 10/31/98
F. Chambcrsburg Hospital bill datcd 6/21/96
G. Itcmization form Chambcrsburg Hospital totaling $141.00
H. Itcmization from Chambcrsburg hospital for PT totaling $521.02
I. Bill from Bclvcdcre Mcdical Ccntcr datcd 11/29/96 totaling $170.00
1. Bill from Bclvcdcre Mcdical Ccnter datcd 5/10/96 totaling $220.00
K. Bill from Bclvcdcrc Mcdical Ccntcr datcd 11/10/97 totaling $25.00
L. Bill from Walnut Bottom Radiology datcd 7/19/96 totaling $312.00
M. Bill from Central Pcnn. MRI datcd 5/10/96 totaling $875.00
N. Mcdical Claim form for above
O. Paticnt Icdgcr from Carlisle Imaging totaling $105.00
P. Dctail statcmcnt from Carlislc Hospital datcd 2/1/96 totaling $554.00
Q. Copy of bill for above
R. Billing statement from Doctor Bryan from 9/8/98;10/30/98;7/14/98
S. Medical insurance claim forms from Dr. Bryan for services on
6/10/97;4/29/97;3/18/97; 1/31/97; 12/20/96; 11/25/96;2/12/96; 1/29/96; 1/22/96;2/12/96; 1 0/20/98
S. Mcdical insurance claim form for Dr. McNamera for service on 10/31/96
U. Copy of bill for same totaling $200.00
T. Copy of bill for MRI on 10/20/96
V, Claim forms for Dr. Lehman for services on 10/17/96; 1 0/31/96
W. Chambersburg Hospital bill for services on 1/15/96 totaling $141.00
X. Chambersburg Hospital bill for services totaling $460.50
Y. Chambersburg Hospital itemization for PT totaling $460.50
Z. Health insurance claim form for Dr. Chess for services on
7/11/96;6/26/96;6/1 5/96
AA. Detail statement from Carlisle Hospital for services on 7/11/96
BB. Carlisle Hospital patient master list for services on
7/11/96;7/26/96; 11/1 0/96; 11/20/96;6/13/96;6/26/96; 10/11/96
CC. Bill from Belvedere Medical Center for services on 5/10/96;5/30/96
DO. Bill for Walnut Bottom Radiology datcd 7/19/96
EE. Bills from Dr., Bakcr datcd 6/17/96;6/3/96;5/30/96;2/12/96;1/29/96;1/20/96
FF. Itcmizcd statcmcnt from Dr. Bryan datcd 10/10/96
GG. Medical claim form from Dr. Bryan for scrvices on
10/1/96; 1/22/96;6/3/96;5/30/96;6/17/96
HH. Medical claim form from Dr. Chess for services dated 6/13/96
II. Bill from Dr. Jurgensen fro services on 5/10/96
JJ. Bill from Dr. Bryan fro $482.00
9. In response to Defendants' request, Plaintiffs' counsel is in the process of obtaining this
infonnation from Plaintiffs and will supplement this response at that time.
10. Attached.
Respectfully submitted:
Dated: 1/-/0 -?P
Harold S. Irwin,
35 East High Str t
Carlisle PA 17013
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of Plaintiffs' Response to
Defendants Request for Production of Documents on Defendants' counsel of record by placing
same in the United States Mail at Carlisle, Pennsylvania, first-class postage prepaid, on the
IcJ
day of November, 1998 and addressesd as follows:
Steven L. Banko, Jr., Esquire
10 I Pine Street
Harrisburg, PA 17108-0932
Counsel for Defendants
Joh
3S East High Street
Suite 201
Carlisle, Pa 17013
Paralegal
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HAROLD S. mWIN, ill, ESQUIRE
A TIORNEY ID NO. 29920
3S EAST mGH STREET
CARLISLE PA 17013
(717) 243-6090
A TIORNEY FOR PLAINTIFFS
TERRY L. DITCH and PAULA
J. DITCH, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
.
.
Wn.LAIM F. JENNINGS, and
CFC TRANSPORTATION, INC.
Defendants
. NO 98 62 CIVIL'""'="
. . - -.--....;;
:
: IN TRESPASS
/'
PLAINTIFF'S RESPONSE TO DEFENDANTS'
FIRST SET OF INTERROGA.TORlES
NOW come the plaintiff, Teny L, Ditch, by his attorney, Harold S. Irwin, ill, and replys
to defendants' first set of Interrogatories as follows:
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1. Plea.e ie!entity your.elt ane! .tate your elate ane! place ot
birth, your marital .tatu. at the ti.e ot the accie!ent which
torm. the ba.i. ot this action, your pre..nt social s.curity
number, Mee!icare and/or Madicaie! nuabar., your Blue Cro.. ane!
Blue Shiele! or other h.alth in.urance group ane! agr....nt
numbers ane!, it your ware ever in tha Armee! Porcas, plea.e
state the e!ate., the branch ot service, your rank at
e!ischarge, whether you hae! any intirmities at e!ischarge,
whether you have any claim or are receiving benefits tor any
intirmities tro. saie! service, your Identitication service
number ane! your Veterans 'c' number.
1, ANSWER:
Terry L, Ditch
May 8, 1953
born: Waynesboro, Pennsylvania
Married
172-46-4089
Phone Number: (717) 352-4984
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2. It you .utter.d or w.r. .x..in.d for any injury, i11n...,
di..... or abnoraa1ity within the t.n (10) y.ar. prior to the
accid.nt upon which this .ction i. ba..d, pl.... .peaify the
n.tur. ot ..ch .ucb injury, i1ln..., di..... or .bnaraa1ity,
wh.n, wh.r. .nd how ..ch .uch injury, i1ln..., di.__.. or
.bnoraality w.. .u.t.ined, and the n.... and addr..... of .11
medical per.onnel and .edical car. tacilitie. havinq any
connection with the treatment ot such injury, illne.., di..ase
or abnormality, the nature of such treatment and the date upon
which such tr.atment was rendered.
2. ANSWER:
On October 26, 1995, I was involved in an accident at Nitterhouse Concrete Products,
PO Box N Chambersburg, PA The accident happened while at work and I injured my right
ankle, I w:SS taken to Cumberland Valley Family Physicians. I later had two surgeries on my ri~t
ankle at Carlisle Hospital on 3/12196 and 9/10/96, I was under the care of Doctor 10hn P. Stratis,
816 Bclcvedere Street, Carlisle, PA for my ankle,
I also had several broken noses which were treated at Chambersburg Hospital and the
Polyclinic, 2601 North Third Street, Harrisburg, PAl cannot reca1l the exact dates of these
incidents.
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3. It you .utt.r.d or w.r. .xaain.d tor any injury, illn...,
di..... or .bnoraality ot .ny kind at .ny ti.. prior to the
.ccid.nt upon which thi. action i. ba.ed involvi"9 any part or
tunction ot the body clai.ed to have baen injured in the
accident which con.titute. the ba.i. ot this action, plea.e
.pecity the nature ot each .uch injury, illne.., di.ea.e or
abnormality, when, where and how .ach .uch injury, illne..,
di..a.. or abnormality was .u.tain.d, and the nam.. and
addr..... ot all medical per.onnel and all medical tacilitie.
in any way connected with the treatment ot each .uch injury,
illne.., di.ea.e or abnormality, the nature ot .uch treatment
and each date upon which .uch treatment was rendered.
3, ANSWER:
Prior to the accident on January 15, 1996 involving the Defendants, William Jennings and
CFC Trucking, I had surgery on my back approx. 25 years ago, The surgery was perfonned by
Dr. Armstrong from Carlisle. To the best of my recoUection, he no longer practices. In 1994. I
had an MRI at Keystone Health Center 820 Fifth Ave., Chambersburg, PA The purpose of the
MRI was to address back discomfort,
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4. It you h.v. .v.r ....rt.d . cl.i. or til.d . .ui~ tor any
purpo.. includinq, withou~ li.i~a~ion, a claim tor injury,
d...q., properly daaaljJ., dinbi1i~y, vorJcaen'. COIIp8IlIIaUon or
occup.~ional di..a.. ~o obtain ben.ti~., pl.as. id.n~ity the
claim or suit, the na~\U'. ot the injuri.. alleqed in each .uch
suit, the period d\U'inq which you w.r. disabled, and, it said
suit has been terminated, .tate the results of the ~rial or
settlement, including the amounts of each recovery or
settlement, if any.
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4. ANSWER:
I was injured at Nitterhousc Concrete Products on October 26, 1995. I filed for
Workmans Compensation and I received weekly loss ofwage9 payments of$254, 50 through
PMA I was released by my doctor in February of 1998, after receiving weekly payments totaling ,
535,235,29, I received a fina1lump sum settlement of$25,OOO,OO less 15% to my attorney,
Harold S. Irwin, m.
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5. S~a~e the name and addre.. of your faaily phy.ician a~ ~he
~ime of the acciden~ upon which this .c~ion i. ba.ed, the
approxima~e number of vi. it. made in the year preceding .aid
trea~men~ and the reason for each .uch vi.i~.
S, ANSWER.:
At the time of the accident upon which this claim is based, my family physician was
Keystone Health Center, 820 Fifth Ave., Chambersburg, PA I usually make several visits a year,
The purpose for these visits were for regular check-ups and exams.
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6.
Pl.a.. .tat. in d.tail what injuri.. you claim you .u.tain.d
a. . r..ult ot the accident upon which thi. action i. ba..d,
and the d.t.. contin.d to bed by your injurie., the dat..
con tined to your hou.. by your injuri.., the date you
r.covered trOll ..ch particular injury and it you are not tully
r.cov.red, pl.... d..cribe in what r..p.ct you are .till
att.cted by your injuri.., di.abiliti.. and complaint..
6. ANSWER:
A!J a result of the accident upon which this claim is based I suffered the following injuries:
I injured my lower back, approx. 3-4" above my belt line, I have received three (3)
lumbrosacral spinal injections but I continue to have constant nagging back disconfort that did not
exist at this level prior to the accident and the current discomfort and constant aching is in a
different location than it was previous to the accident. I cannot lift as much weight or put any
significant strain on my lower back, I also cannot stand or walk as far or long as I could before
the 1anuary IS, 1996 accident, because my lower back starts to ache even greater.
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7. It you claim a permanent injury re.ulting trom the accident
upon which thi. action i. be.ed, de.criba .uch injury fully
and in detail and the tre.tlIent you have received and the
treatment you are currently receivinq for .uch re.idual injury
or di.ability, including the identity ot all medical per.onnel
pr..ently involved in your treatment, where .uch treat.ent i.
being rendered, the nature of the treatllent and how trequently
such treatment. are given.
7, ANSWER:
As a result of the January 15, 1996 accident, I have continual lower back pain which
effects the WilY I walk, lift and sit.
Doctors and treatment:
Walnut Bottom Radiology
850 Walnut Bottom Road
Carlisle P A
(717) 245-0071
Dates: 1/22/96 - X-rays lumbosacral spine
Dr. Daniel Chess
Carlisle Pain Clinic
246 Parker Street
Dates: 6/13/96
6/26/96
7/11196
7/26/96
8/29/96
Blue Mountain Anesthesia
PO Box 49
Pittsburgh, PA 15230
Dates: 6/13/96
7/26/96
Doctor J, Craig Jurgensen, M,D,
Belvedere Medical Corporation
850 Walnut Bottom Road
Carlisle P A
(717) 243-9010
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ANSWER: 7 CONTINUED:
Dates: 5/10/96 - Electromyography of extremities
Chambersburg Hospital
PO Box 897
Chambersburg P A 17201
(717) 267-3000
1/15/96. ER treatment for accident
2/6/96 - general evaluation, electric stimulation, physical therapy, hot pack
2/8/96 - electric stimulation, physical therapy, hot pack
2/13/96. n n
2/15/96 - n n
mm6.n n
Central P A MRI Center
4930 Ritter Road
Mechanicsburg P A
(717) 766-1514
Dates: 1/124/96 - MRI oflumber spine
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Carlisle Pain Clinic
246 Parker Street,
Carlisle, P A
(717) 249-6676
Dates: 1/19/96 - Bone scan, entire body
1/22/96 - MRI of lower extremeities
6/13/96 - methylprednisolone injection
6/13/96 - epideral injection
6/17/96- methylprednisolone injection
6/17/96 - epideral injection
6/26/96 - methylprednisolone injection
6/26/96 - epideral injection
7/11/96 - methylprednisolone injection
7/11/96 . epideral injection
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ANSWER 7. CONTINUED I
7/26/96 - follow up visit
Dr, Frank Bryan
Belvedere Medical Center
850 Walnut Bottom Road
Carlisle P A
(717)243-9010
Dates: 1/22/96 - office visit
1/29/96 - office visit
2/12/96 - office visit
5/30/96 - office visit
6/3/96 - office visit
6/17/96 - office visit
6/17/96 - injection at Pain Clinic
10/1/96 - office visit
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8. Pl.a.. .tat. the name. and addr..... of all ..dical faciliti..
in which you have be.n confin.d or throuqh which you have
r.c.iv.d outpati.nt tr.at..nt aa a r..ult of your injuri..,
the dat.. of .ach .uch confin...nt or tr.atm.nt, the 9.n.ral
nature of the tr.ataent in each, the charg.. for .1lII., and the
amount that ha. be.n paid. .
8, ANSWER:
Walnut Bottom Radiology
850 Walnut Bottom Road
Carlisle P A
(717) 245-0071
Dates: 1/22/96 - X-rays lumbosacral spine - $81.00
Dr, Daniel Chess
Carlisle Pain Clinic
246 Parker Street
Dates: 6/13/96 - $536,00
6/26/96 - $605,00
7/11/96 - 5605,00
7/26/96 - 5605,00
Blue Mountain Anesthesia
PO Box 49
Pittsburgh, PA 15230
Dates: 6/13/96
7/26/96
Doctor J. Craig Jurgensen, M,D,
Belvedere Medical Corporation
850 Walnut Bottom Road
Carlisle PA
(717) 243-9010
Dates: 5/10/96 - Electromyography of extremities - $220,00
Chambersburg Hospital
PO Box 897
Chambersburg P A 17201
(717) 267-3000
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ANSWER B. CONTINUED:
1/15/96 - ER treatment for accident - $141.00
2/6/96 - general evaluation, electric stimulation, physical therapy, hot pack
2/8/96 - electric stimulation, physical therapy, hot pack
2/13/96 - ..
2/15/96 -"
2/23/96 - ..
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Central P A MRI Center
4930 Ritter Road
Mechanicsburg P A
(717) 766-1514
Dates: 1/24/96 - MRI of lumber spine - $1225.00
Total for PT $460.50
Carlisle Hospital
246 Parker Street,
Carlisle, PA
(717) 249-6676
Dates: 1/19/96 - Bone scan, entire body - $554.00
1/22/96 - MRI oflower eldremeities - $742.00
6/13/96 - initial visit evaluation - $67.00
6/13/96 - methylprednisolone injection - $21.00
6/13/96 - epideral injection - $232.00
6/17/96- methylprednisolone injection - $21.00
6/17/96 - epideral injection - $249.00
6/26/96 - methylprednisolone injection - $21.00
6/26/96 - epideral injection - $249,00
7/11/96 - methylprednisolone injection - $21.00
7/11/96 - epideral injection - $249.00
7/26/96 - follow up visit - $34.00
Dr. Frank Bryan
Belvedere Medical Center
850 Walnut Bottom Road
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ANSWER B. CONTINUED:
Carlisle PA
(717) 243.9010
Dates: 1/22/96 - office visit - $ 13 5,00
1/29/96 - office visit - $40,00
2/12/96 - office visit - $50,00
5/30/96 - office visit- $40,00
6/3/96 - office visit - $40,00
6/17/96 - office visit - $40.00
6/17/96 - injection - $97,00
10/1/96 - office visit - $40,00
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9. Pl.a.. .tat. the name. an4 a44r..... ot all ..4ioal p.r.onn.l
who have r.n4.r.4 tr.atm.nt or ..rvio. to you beoau.. ot the
injuri.. ret.rr.4 to in your an.w.r. to Int.rrogatori..
Number. 6 and. 7, the 4at.. ot .uch tr.ataent or ..rvio., where
such treatment or ..rvioe was ren4er.4, the charge. tor eaoh
treatment or servioe, an4 the amount that has been paid as to
each.
9. ANSWER:
Walnut Bottom Radiology
850 Walnut Bottom Road
Carlisle P A
(717) 245-0071
Dates: 1/22/96 - X-rays lumbosacral spine - 581.00
Dr. Daniel Chess
Carlisle Pain Clinic
246 Parker Street
Dates: 6/13/96 - 5536,00
6/26/96 - 5605,00
7/11/96 - 5605.00
7/26/96 - 5605.00
Blue Mountain Anesthesia
PO BOll: 49
Pittsburgh, PA 15230
Dates: 6/13/96
7/26/96
Doctor J. Craig Jurgensen, M,D,
Belvedere Medical Corporation
850 Walnut Bottom Road
Carlisle PA
(717) 243-9010
Dates: 5/10/96 - Electromyography ofeJdremities - 5220.00
Chambersburg Hospital
PO BOll: 897
Chambersburg PA 17201
(717) 267-3000
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ANSWER 9. CONTINUED:
1/15/96 - ER treatment for accident - $141.00
2/6/96 - general evaluation, electric stimulation, physical therapy, hot pack
2/8/96 - electric stimulation, physical therapy, hot pack
2/13/96 _ u
2/15/96 _ u
2/23/96 _ u
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Total for PT $460,50
Central P A MRI Center
4930 Ritter Road
Mechanicsburg P A
(717) 766-1514
Dates: 1/24/96 - MRI oflumber spine - $1225.00
Carlisle Hospital
246 Parker Street,
Carlisle, P A
(717) 249-6676
Dates: 1/19/96 - Bone scan, entire body - $554.00
1/22/96 - MRI oflower extremeities - $742.00
6/13/96 - initial visit evaluation - $67.00
6/13/96 - methylprednisolone injection - $21.00
6/13/96 - epideral injection - $232.00
6/17/96- methylprednisolone injection - $21.00
6/17/96 - epideral injection - $249.00
6/26/96 - methylprednisolone injection - $21.00
6/26/96 - epideral injection - $249.00
7/11/96 - methylprednisolone injection - $21.00
7/11/96 - epideral injection - $249.00
7/26/96 - follow up visit - $34.00
Dr. Frank Bryan
Belvedere Medical Center
850 Walnut Bottom Road
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ANSWER 9. CONTINUED:
Carlisle P A
(717) 243-9010
Dates: 1/22/96 - office visit - S135.00
1/29/96 - office visit - S40.00
2/12/96 - office visit - S50.00
5/30/96 - office visit- $40.00
6/3/96 - office visit - $40.00
6/17/96 - office visit- $40,00
6/17/96 - injection - S97,OO at Pain Clinic
10/1/96 - office visit - $40,00
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10. Identify all medical personnel who were consulted by you in
connection with the accident upon which this action ia baaed
or the injuries you claim to have resulted from said accident,
and state when, where and for what purpose each such person
was consulted.
lO. ANSWER:
See Interrogatories 7,8,9
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11. state your contentions as to the liability ot each detendant
as well as the .pecitic tact. known to you upon which you ba.e
each claim of negligence alleged in tbis action.
11. ANSWER
At the time of the accident, all parties were traveling north on Interstate Route 81, The Plaintiffs
were traveling in the right hand lane and defendant Jennings was driving defendant CFC
Trucking's tractor trailer in the left hand lane, The defendant, William F, Jennings waS driving
defendant CFC trucking's tractor trailer within the scope of his employment. 1?efendant Jennings
attempted to pass the Plaintiffs' automobile and in the process negligently impacted the driver's
side of the Plaintiffs' vehicle, as it was traveling entirely within the left hand lane. A3 the tractor
trailer was passing, it continued to impact the Plaintiffs' vehicle, forcing the vehicle off onto the
right shoulder of the road. A3 a result of the impact, both Plaintiffs were injured and their vehicle
suffered extensive damage,
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12. If you have r.c.iv.d any medical, hospital or x-ray r.ports
from any medical facility or medical p.rsonn.l conc.rninq the
injuri.s all.q.d to have be.n caus.d by the accid.nt upon
which thia action is based, pleas. id.ntify such r.port, whar.
and when each report was rec.ived, the p.rson from whom each
report was received, the person who has cu.tody or pos....ion
of each report or any copy thereof, and whether each report
was written or oral.
12. ANSWER:
There have been reports made by the following individuals and are in the custody of those
individuals ot the facilities listed below:
ANSWER:
Walnut Bottom Radiology
850 Walnut Bottom Road
Carlisle PA
(717) 245-0071
Dr. Daniel Chess
Carlisle Pain Clinic
246 Parker Street
Blue Mountain Anesthesia
PO Box 49
Pittsburgh, PA 15230
Doctor J, Craig Jurgensen, M,D,
Belvedere Medical Corporation
850 Walnut Bottom Road
Carlisle P A
(717) 243-9010
Chambersburg Hospital
PO Box 897
Chambersburg P A 17201
(717) 267-3000
Central P A MRI Center
4930 Ritter Road
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. Mechanicsburg P A
(717) 766-1514
Carlisle Hospital
246 Parker Street,
Carlisle, P A
(717) 249-6676
Dr, Frank Bryan
Belvedere Medical Center
850 Walnut Bottom Road
Carlisle P A
(717) 243-9010
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13. Plea.e identity all individual., in.urance adju.ter.,
attorney., partie. or other. who have conducted any
inve.tigation or review of .edioal or legal literature with
re.pect to the i.sue. involved in thi. ca.e and whether you
will produoe or have produoed at a mutually convenient place
and time the result. of the investigation (without di.clo~ing
the mental impressions of the party's attorney or his
conclusions, opinions, memoranda, notes or summaries, legal
research or legal theories or, with respect to the
representative of the party, without disclosing his mental
impressions, conclusions or opinions respecting the value or
merit of the claim or defense or respecting strategy or
tactics).
13, ANSWER
Harold S, Irwin, m
35 East High Street
Carlisle, P A
Attorney for Plaintiffs
lohn 1, Baranski, lr,
3S East High Street
Carlisle, PA
Law Clerk for Attorney Irwin
The results of all research fall into the exception as stated in Defendants' Interrogatory # 13,
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14. It you have obtain.d trom any p.rson or persons any oral or
written stat..ent. or docuaent. concerning the accid.nt upon
which thb action i. ba.ed or it you have 'liven any .ueh
stat..ents or docuaent. to anyone, pl.... .pecity the identity
ot .ach such person, when, wh.re and by whom each .ueh
statement or document was obtained or made, whether each ..ueh
statement or document was oral or written and the identity ot
the person who has custody or possession ot each Buch
statement or document.
14. ANSWER
Debbie Elliot
Crawford Company
Suite 401
201 South Cleveland Ave
Hagerstown, MD
Dates: 7/10/96. written.
10/9/96 . oral -
10/17/96 - written.
10/18/96 - oral-
11118/96 - written-
4/10/97 . written -
4/16/97 - oral -
Nancy
Duckworth-Morris Columbus Inc,
2002 North 45 highway
PO Box 867
Columbus MS 39703
Willis Baker
Adjuster for Midland Risk Insurance Company
825 Crossover Lane
Suite 112
Memphis TN 38117
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ANSWER l4. continued
Allison Aliff
Midland Risk Insurance Company
825 Crossover Lane
Suite 112
Memphis TN 38117
10/10/96 - written -
Attorney Steven Banko
Reynolds & Havas
101 Pine Street
PO Box 932
Harrisburg. PA 17108
Attorney for Defendant
8/17/98 - written.
912198 -
Harold S, Irwin, m
35 East High St.
Carlisle, PA 17013
Attorney for Plainti1fs
John M. Reitzel
Price Quote Analyst
. College of Medicine
University Hospital
Hershey P A
12/2/96 - written.
Owens E, Myers
Wenger & Myers
17 North Main St,
Chambersburg, P A
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2/29/96 - written - discussed vehicle coverage
Kerry 0 ConneU
Claims Rep,
Integon Insurance
PO Box 22086
Albany Georgia
10/18/96 - written discussed vehicle coverage
Plaintiffs discussed the accident with Officer Day of the Chambersburg State Police Barracks.
According to Officer Day,no accident report was ever filed,
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16. Deacribe any converaation., whether held in per.on or u.ing
any device of co..unication, between or amonq any defendant
and any other peraon pertaining to the .ubject matter of thia
aotion by .tating the date, ti.e and place of each .uch
conver.ation and exactly what waa aaid by each per.on privy to
each converaation if you can, and if you cannot, summarize as
accurately as you can each such conversation,
16, ANSWER
Plaintifi's talked to Defendant William Jennings. Rte 1 Box 114, Vardaman, MS 38878
imm~iate1y after the accident. Defendant Jennings stated that he was sony for the accident, it
was his fault and he thought he had a flat tire and did not realize he made any contact with the
Plaintiffs' car.
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17. If you or anyone to your knowledge are in po.....ion of any
photograph., drawinqs, sketche., plan., document. or
blueprints relating to the sUbject matter of this action,
including, but not limited to, the area involved in the
accident upon which this action is based, the locale or
surrounding area of the site of said accident, the injuries
you allege in this action, or any other matter or thing
involved in the accident, please state the date and each such
photograph, drawing, sketch, plan, document or blueprint was
taken or prepared, the name and address of the party taking or
making it, where it was taken or made, the object(s) or
subject(s) or the particular site or view it represents, its
present whereabouts and the name and address of the person who
has possession or custody of each or any copy or print
thereof.
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l7. Not applicable. There have been no such items produced.
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18. Please id.ntity all per.on. who you know or believe witn....d
all or any part ot the accid.nt upon which this action i.
based, were pr..ent at or n.ar or within the .ight or h.aring
ot the .c.ne or the accident upon which this action i. ba..d
and/or has any knowledge or the injuries you claim to have
resulted trom .aid aocident. ,
18. ANSWER:
Plaintiffs discussed the accident with Officer Day of the Chambersburg State Police barracks, to
the best of Plaintiffs' knowledge, no accident report was ever filed.
As a result of treating or having consultations with the Plaintiffs, all doctors and medical care
persoMellisted in the previous interrogatories have knowledge of the injuries Plaintiffs suffered,
The Plaintiffs were present at the accident and have personal knowledge of the injuries suffered by
each other,
Robert Gene Kellum
2200 Ritner Highway
Shippensburg, PA
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20. Plea.. id.ntity any and all tact wi tn....s who have any
knowl.dge whatsoever pertaining to the issues involved in the
instant case, a. well a. any and all potential witne.se. or
individual. whom you may call at trial and who have not
hereto tore been identitied, including the name, place and
manner ot contact between the potential witne.. and, the
parti.s, the substance ot tacts to which the witness could
testify if called by any party, and method ot discovery ot the
potential witnesses, the purpose of the witness' testimony (if
applicable) and whether any statement or summary or written
memoranda has been taken with respect to the potential witness
and if so, who has possession of that statement or document at
the present time. (Please attach a copy of the same without
the necossity of filing a formal request for production of
documents. )
20, ANSWER
Plaintiffs plan on calling fact witnesses to testify to the extent of the Plaintiffs injuries as known
and understood by them in their capacity as lay witnesses, the effects these injuries have on the
lives of the Plaintiffs and any other relevant infonnation necessary and within their personal
knowledge. An exact list of these persons cannot be presented at this time, but Plaintiffs are fully
aware and understand their obligation to supplement these answers when they obtain those names
and addresses.
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21.
Identity all other witne..e. other than those identified in
the toreqoin9 Interrogatori.. who you will call to t.stity at
trial and with r..pect to each such witne.., .ummarize all the
testimony they will otter.
21. Answer:
See Interrogatory 20.
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22. Please .pecify the damage. you claim by itemizing lost
earning., 10.. ot earning capacity, all medical expen.e.,
expenses incurred for rehabilitation and custodial care,
tuture los.e. and all other elements ot special damage.
22, ANSWER:
1990 Nissan,Sentra: $3,339,00
Medical Expenses to date: $ ?, 420 . 50
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23.
It you .u.tained any financial. 10.. as a result ot the
accident upon which this action is based, other than those
covered by the precedinq Interrogatorie., plea.e specity the
nature, date. and amount. ot .uch 10....; and it a claim is
beinq made tor nursinq .ervice or household help, identity
.ach .uch p.r.on employed, the period ot employment" the
amount. at the charqe. tor the service., the amount. actually
paid and whether you have retained any bills, canceled checks
or copies thereot, retlecting such charges.
23. ANSWER,
All current 108808 aro included in Interrogatory 22.
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24. y~ you hAve nQ elAim ~or logg or e~rninqg or ARming ~v.r. do
no~ An.WAr ~hill or the ~o11owinC1 ~iV8 TntArroqlltori.. And
mAr.ly RtlltA "no elllim."
If, during the five years preceding the accident which is the
subject matter of this action, you were employed by another,
please state, for that five year period, the name and address
of each employer, the job title or classification of your work
for each employer, the amount of salary or wages received from
each employer during each calendar year, the weekly, monthly
or annual wage or rate of pay received from _ch employer, the
exact weekly, monthly or annual wage or rate of pay being
received from your employer at the time of said accident.
24. Answer:
no claim.
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If1 during the five year. preceding the accident upon which
th . action i. ba.ed, you were engaged in a bu.ine.. a. a
partner with other., identify each of the other partner. or
a..ociate., the ~ and addre.. ot the partner.hip, the type
of bu.ine.. engaged in by the partner.hip, the dates during
which .uch partner.hip or a..ociation operated, and the, exact
a.ount of inco.e and other bene tit. di.tributed to you trom
the partner.hip tor each of the tive years, stating
.pecifically the income during each year and the amount
received during the last calendar year in which the accident
occurred up to the time thereof.
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Answorl
No 'claim.
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If, durinq the five year. pr.cedinq the accident upon which
thia action ia baaed, you were .elf-..ployed, identify the
bu.ine.., the nature of the bu.ine.., and your exact inco..,
qro.. and net, fro. the bu.ine.. for .ach of the five year.
.tatinq .pecifically the incom. durinq each year and the
income earned durinq the calendar year in which the accident
occurred up to the time thereof.
26.
Answer:
No claim.
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27.
For the tive years prior to the accident which constitutes the
basis tor this action and tor each at the years since that
date, state the naae in which your tederal incoae tax return
was tiled, your gross incOlll8, adjusted taxable net incOll8, and
for each such year, the aggregate gross inco.e stated on "-2
forms attached to your federal inco.e tax return; if you did
not file a tederal income tax return, supply the reque.ted
information as contained on your state and local incom. tax
returns.
27.
Answer:
No claim.
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28.
If you olaim that you were unable to work a. a re.ult of the
accident upon which this action i. ba..d, plea.e .pecify the
date. you ware unab1. to work and the r.a.on. you w.r. unab1.
to work; and if you al1eg. that you have not been ab1. to
parfora your work .ati.factori1y a. a re.u1t of the accid.nt,
p1ea.e .pecify what duties you are unab1. to perform, the
manner in which you were prevented from performing' tho.e
duties, and the identity of all persons having knowledge of
.uch fact. including your BuperviBorB or employers at the time
of such incapacities.
28.
Answer:
No claim.
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30.
It your claim in this action i. ba.ed in whole or in part upon
eXpert opinion, plea.e identity each and every expert yoU
expect to call at trial, hi. prote..ion or occupation, the
.Ubject matter upon which the expert will te.tity, the
.ub.tance ot the tact. and opinion. to which the expert will
te.tity, a .UllUllary ot the grounds tor each opinion ot, the
expert, the date upon which you ~irst contacted the expert,
the author, title, date and PUbliSher ot any article, text,
part ot a text, treatise, paper, speech, or any other source
ot medical intoJ:'lllation upon which the expert will rely in
expressing his opinion and identity all claims or actions in
which SUch person has served as an expert witness.
30, ANSWER.
Not plans as of yet to have an expert testifY. although Dr, Frank Bryan and Dr, Lehman may be
called,
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31. For each expert identified in the previous Interrogatory,
plea.e statu the expert's age, pre.ent profe..ional
affiliations and _ploy.ent, prior educational bacJcgrouncl, the
title. and date. of publication of any article, text, part of
a text, treatise, paper or .peech authored by the expert or to
which the expert contributed. It the expert i. a Doctor,
state the number of patients which the expert has diagno.ed
and/or treated for the .same or .imilar injury, illne..,
disease or abnormality which forms the basis of this action
within the past five years.
31, ANSWER
No infonnation available until it is known for sure whether these individuals win be called,
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32. Deacribe the motor vehicle in which you were riding at the
time ot the accident, ita make, model, year, aarial nnlllhu' and
regiatration nuaber.
32. ANSWER
1990 Nissan Sentra
Vm, number JNIGB22B2LUS04763
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33. With re.pect to the motor vehicle occupied by you at the ti.e
ot the accident in your Complaint, identity it. owner by name
and addre.. and each ot it. occupant. by name, addre..,
.eating po.ition, and the relation.hip or connection with
you.
33, ANSWER
Owner:
Paula A Ditch - front passenger seat
2084 Lincoln Way East
Chambersburg, PA 17201
Terry L, Ditch - driving
2084 Lincoln Way East
Chambersburg, P A 17201
Husband and Wife
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34. What w.. the pw:po.e ot the trip that wa. teninated or
inten-upted by the accident; when did .aid uip co.enae and
what .top. were ..de, it any, prior to the accident?
34. ANSWER
The purpose of the trip was to visit Carlisle Hospital for pre-admission for surgery on Terry
Ditch's ankle, The trip commenced at approx, 8 0 clock AM on January IS, 1998. We made no
stops prior to the accident.
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35. Do you claim that you were injured as a re.ult of a collision
between your vehicle and some other object? If so, state the
points of contact between your vehicle and the other objects
involved in the accident.
35, ANSWER
Our vehicle was impacted on the rear drivers side, the drivers side quarter panel and the
front fender. The vehicle that made the impact was a CFC Trucking tractor trailer driven by the
defendant, William 1ennings,
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37. Wa. the motor vehicle which you were operatinq at the time of
the accident equipped with .eat belt.? If .0, were you
wearinq a .eat belt at the ti.e of the accident?
37, ANSWER:
Plaintiff; Mr, Ditch, was wearing his lap belt.
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38. Ple".e .tate whether you have elected the lillited or full tort
option and .tate with .pecificity the naae of your private
pa..enqer automobile in.urance company and it. addr....
38, ANSWER
Plaintiffs elected the fuIIlort option,
Wegner and Myers
17 North Main Street
Chambersburg,PA
Respectfully submitted,
HAROLD s. IRWIN, III, SQUIRE
ATTORNEY ID NO. 2
35 EAST HIGH STREET
CARLISLE, PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFFS
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The foregoing answers to interrogatories are based upon information which has been
gathered by my counsel in the preparation of this lawsuit. The language of the document is the
language of my counsel and not my own. I have read the answers and to the extent that they are
based upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the content of the answers is that of
counsel, I have relied upon counsel in making this verification. I understand that false statements
made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn
falsification to authorities.
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TERRY IlDlTCIr
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CERTIFICATE OF SERVICE
I hereby certifY that I have served a true and correct copy of Plaintiffs' Answers to
Defendants First Set ofInterrogatories on Defendants' counsel of record by placing same in the
United States Mail at Carlisle, Pennsylvania, first-class postage prepaid, on the / () day of
November, 1998 and addressesd as follows:
Steven L. Banko, Jr., Esquire
101 Pine Street
Harrisburg, PA 17108-0932
Counsel for Defendants
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Joh . Bara , Jr.
35 East High Street
Suite 201
Carlisle, Pa 17013
Paralegal
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HAROLD S. IRWIN, m, ESQUIRE
A TIORNEY ID NO. 19910
35 EAST mGH STREET
CARLISLE PA 17013
(717) 143-6090
A TIORNEY FOR PLAINTIFFS
TERRY L. DITCH and PAULA
J. DITCH, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNlY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS.
: NO. 98-61 CIVIL-"-~,,,
WILLAIM F. JENNINGS, and
CFC TRANSPORTATION, INC.
Defendants
: IN TRESPASS
fLAINTI1!.F'S RESPONSE TO DEFENDANTS'
f.If!ST SET OF INTERROGATORIES
NOW come the plaintiff. Paula J. Ditch, by her attorney, Harold S. Irwin, m, and replys to
defendants' first set ofInterrogatories as follows:
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1. Plea.e identify your.elf and .tate your date and place of
birth, your marital .tatu. at the time of the accident which
torm. the ba.i. of this action, your pre.ent Social s.curity
number, Medicare and/or Medicaid nuaber., your Blue ero.. and
Blue Shield or other health in.urance group and agre_ent
numbers and, it your were ever in the Armed Forces, plea.e
state the date., the branch ot .ervice, your rank at
discharge, whether you had any intirmities at discharge,
whether you have any claim or are receiving benefits tor any
infirmities from said service, your Identification service
number and your Veterans .c. number.
1. ANSWER:
Paula Jean Ditch
December 3, 1955
born: Carlisle, Pennsylvania - Carlisle Anny Barracks
Married
220-58-2724
Phone Number: (717) 352-4984
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2.
It you .uttered or were examined tor any injury, illnes.,
di.ea.e or abnormality within the ten (10) years prior to the
accident upon which this action i. ba.ed, plea.e .pecity the
nature of each .uch injury, illne.., di.ea.e or abnormality,
when, where and how .ach .uch injury, illn..., di.ea.. or
abnormality was su.tained, and the names and addre.se. of all
medical personnel and medical care facilities having any
connection with the treatment of such injury, illness, disease
or abnormality, the nature of such treatment and the date upon
which such treatment was rendered.
2,ANSWER:
On May 2, 1989, I was involved in an automobile accident on Route 30 in Pennsylvania.
I injured my left elbow and left arm, Specifically, I suffered damage to the ulnar nerve which
required surgery in 1990.
Immediately following the accident, I was treated at the Chambersburg Hospital,
Chambersburg PeMsylvania on May 2, 1989 and was released. I underwent surgery to repair the
u1nar nerve on 1990. The surgery was perfonned by Dr. Robertson at Chambersburg Hospital,
Chambersburg, P A
I was seen for an follow-up appointment on some time later that year by Dr, Robertson,
Chainbersburg Hospital, Chambersburg, P A 17201, I received physical therapy at the
Chambersburg Hospital following the surgery for approximately on month,
I have not seen or been treated for any other injury, illness or disease.
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3. It you .uttered or were examined tor any injury, illne..,
di.ea.e or abnormali~y ot any kind a~ any ~i.e prior ~o the
accident upon which this action is based involvin9 any part or
tunc~ion ot ~he body clai.ed ~o have been injured in ~he
accident which con.~i~utes the basis ot this ac~ion, please
specity ~he na~ure ot each such injury, illnes., disease or
abnormali~y, when, where and how each such injury, illness,
disease or abnormality was sustained, and ~he names and
addresses of all medical personnel and all medical tacili~ies
in any way connected with the treatmen~ of each such injury,
illness, disease or abnormality, the na~ure ot such ~rea~men~
and each date upon which such ~rea~men~ was rendered.
3, ANSWER:
Prior to the accident on January 15, 1996, involving the Defendants, William Jennings and
CFC Trucking, I have not had any problems with my neck or back nor have I been seen by any
medical care providers for same,
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4. If you have ever a..erted a claim or filed a .uit for any
purpo.. includinq, without limitation, a claim for injury,
damaqe, property damag., di.ability, workmen'. compen.ation or
occupational di.ea.. to obtain benefit., plea.e id.ntify the
claim or suit, the nature of the injuries alleged in each such
suit, the period during which you were disabled, and, if said
suit has been terminated, state the results of the trial or
settlement, including the amounts of each recovery or
settlement, if any.
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4, ANSWER:
I was injured in an automobile accident on November 8, 1974. Specifically, I fractured
both my femurs. I brought a claim against Social Security Disability for SSI benefits, No law suit
was filed. I was treated at Chambersburg Hospital, Chambersburg P A
I was injured while at work at Pet Ritz when a box fell and bent my thumb back. I worked
at Pet Ritz in 1995 but I am not sure of the date of the accident. Pet Ritz has since changed its
name to Van de Camps. Again, I was treated at Chambersburg Hospital and released. I made no
claim for Workman's Compensation.
I injured my right knee in an automobile accident on June 19th, 1997 on Route 30 in
Chambersburg PA No claim has been made yet.
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5. state the naae and addre.. of your faaily phy.ician at tho
ti.. of the accident upon which thi. action h ba.ed, the
approxiaat. nuabar of vi.it. aad. in the year preceding .aid
treataent and the r.ason for each .uch vi.it.
S, ANSWER:
At the time of the accident upon which this claim is based, my family physician was
Keystone Health Center, 820 Fifth Ave" Chambersburg, PA I usually make several visits a year,
The purpose for these visits were for regular check-ups and exams.
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6. Please state in detail what injuries you claim you sustained
as a result of the accident upon which this action ia baaed,
and the dates confined to bed by your injuries, the date.
confined to your house by your injuries, the date you
recovered from each particular injury and if you are not fully
recovered, please describe in what respect you are still
affected by your injuries, disabilities and complaints.
6. ANSWER:
As a result of the accident upon which this claim is based I suffered the following injuries:
I injured my cervical spine, the lumbar regions of my back and my head. Immediately following
the accident, I was bed ridden from January IS to 22, 1996. Since that time, I have been confined
to bed off and on depending on the severity of the pain. The most recent episode was October 6
through the 17, at which time, I could only lie in bed or soak in a wann bath, I am not fully
recovered but have not yet had surgery on either my back or neck, although it has been
recommended by my treating physician, Dr., Bryan and by Dr. Lehman. Specifically, they
recommended removal of the C6 and C7 vertebrae and fusing bone from my hip, This would
require 8 to 12 weeks to heal and 3 to 6 months of physical therapy.
My injuries limit me in a number of ways. Specifically, I cannot walk, sleep, sit or stand
for long periods of time. I do not work now because my back or neck will not allow me to do
so. My upper back and arms go numb due to the neck injury and my legs don't always hold me up
when my back is really bothering me.
I am still affected by the January IS, 1996 accident. I am effected every day of my life
because I cannot do much of anything. I used to go on hikes in the mountains. Now I cannot
walk very far without hurting. I don't do housework often because my back and neck can't take
bending or standing for long periods oftime. I can't write very long at a time and I have to take
breaks. I've gained weight from lack of activity. I get severe headaches, can't sleep, can't go on
long trips in the car and I don't hunt like I did before, all due to neck injury. I can't take care of
my grandchildren ages 10 months and four years. I can't function with my husbands needs, can't
work with wood or dra\'l or paint. I can't plant flowers in my yard or perfonn all the yard work
like I could before the accident. I can't move my neck or body in a nonnal full range. My
eyesight is getting weak, I can't do the work I'm used to doing all my life. Prior to the accident, I
never had to take medications like I do now to keep the pain down, but at times, the medication
doesn't help and taking hot baths doesn't always help either. I was never afraid to travel in a
vehicle until this accident. Now I'm afraid to travel on Interstate 81 or any other main highway.
When I want to go anywhere I have to call my daughter or friend but I usually don't go anywhere
because I'm scared that I'm going to be hit again by a tractor trailer.
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7. It you claim a permanent injury re.ultinq from the accident
upon which thi. action i. ba.ed, de.criba .uch injury fully
and in "etail and ~e treataent you have received and ~e
treatment you are currently receivinq for such re.idual injury
or disability, includinq the identity of all medical personnel
presently involved in your treatment, where .uch treatment is
being rendered, the nature ot the treatment and how trequently
such treatments are given.
7, ANSWER:
An MRI from 1/24/96 taken at he Carlisle Hospital, 246 Parker Street, Carlisle, P A,
shows that I have a herniated disk on the right at C6-7 and a C5-6 central herniated disc with
bilateral forarnenal narrowing, with spinal stenosis at the CS-t level. As a result, I have severe
nagging pain in my neck and the lumbar region of my back. In addition, I have numbness in both
my arms, especially in my right ann and fingers, in my back and both legs and constant severe
headaches. I have pain in my right thigh and feel dizzy or drunk when I walk
Doctors and treatment:
Doctor Frank Lelunan
University Medical Physicians
Dept, of Neurosurgery
PO Box 854
Hershey, PA
(717)531-3858
Dates: 2/27/96 - outpatient treatment in neurological clinic
3/19/96 - follow-up visit
6/18/96 - outpatient treatment in neurological clinic
10/17/96 -follow-up visit
10/30/96 - MRI of Spine
10/31/96 - follow-up consultation
Walnut Bottom Radiology
850 Walnut Bottom Road
Carlisle PA
(717) 245-0071
Dates: 1/19/96 - X-rays of cervical spine and thoracic spine and lumbosacral spine
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ANSWER 7. continued
Doctor J, Craig Jurgensen, M.D,
Belvedere Medical Corporation
850 Walnut Bottom Road
Carlisle PA
(717) 243.90 I 0
Dates: 11129/96 - Electromyography of extremities
Chambersburg Hospital
PO Box 897
Chambersburg P A 17201
(717) 267.3000
1/15/96. ER treatment for accident
2/6/96 . general evaluation, electric stimulation, physical therapy, hot pack
2/8/96 - electric stimulation, physical therapy, hot pack
2/9/96 - .. ..
2/13/96 . .. ..
2/15/96. .. ..
2/23/96 .
Central P A MRI Center
4930 Ritter Road
Mechanicsburg P A
(717) 766-1514
Dates: 2/13/96 - MRI of spinal cord
11127/96. MRI oflumber spine
Carlisle Hospital
246 Parker Street,
Carlisle, P A
(717) 249-6676
Dates: 1/24/96 - bone scan, whole body
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ANSWER 7. continued
Dr, Frank Bryan
Belvedere Medical Center
850 Walnut Bottom Road
Carlisle P A
(717) 243-9010
Dates: 1/22/96 - office visit
1/29/96 - office visit
2/12/96 - office visit
11/25/96 - office visit
12120196 - office visit
1/31/97 - office visit
3/18/97 - office visit
4/29/97 - office visit
6/10/97 - office visit
7/14/98 - office visit
9/B/98 - office visit
10/20/9B - office visit
Chambenburg Fitness
Walnut Bottom Road
Shippensburg PA
Therapy on neck
Carlisle Imaging Associates
246 Parker Street
Carlisle, P A
Dates: 1/24/96. Bone and 10int Imaging, whole body
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8. Plea.. .tate the name. and addr..... ot all ..dical faciliti..
in which you have be.n contin.d or through which you have
r.c.iv.d outpati.nt tr.at..nt a. a re.ult ot your injuri..,
the dat.. of each .uch contine.ent or tr.ataent, the general
nature ot the tr.atment in .ach, the charg.. tor .u., and the
amount that haa been paid.
8. ANSWER:
University Medical Physicians
Doctor Frank Lehman
PO Box 854
Hershey, P A
Dates: 2/27/96. outpatient treatment in neurological clinic: $200.00
3/19/96 . follow.up visit -
6/18/96 . outpatient treatment in neurological clinic.
10/17/96 -follow-up visit - $64.00
10/30/96 - MRI of Spine - $1042,00
10/31/96 - follow-up consultation $36.00
Hershey Medical Center
Doctor Kevin Manamara
500 University Drive
Hershey P A
Dates: 10/31/96 - office consultation -
5200.00
Walnut Bottom Radiology
850 Walnut Bottom Road
Carlisle P A
Dates: 1/19/96 - X-rays of cervical spine and thoracic spine
and lumbosacral spine - $ 312 . 00
Belvedere Medical Corporation
Doctor J, Craig Jurgensen, M.D.
850 Walnut Bottom Road
Carlisle PA
Dates: 11129/96 - Electromyography of extremities - $l 70 . 00
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9. Pl.a.. .tat. the n.... an4 a4dr..... of all .edical per.onnel
who have ren4er.4 tr.at.ent or s.rvic. to you becau.e of the
injuri.. r.t.rr.4 to in your anaver. to Interroqatorie.
NWlbers 6 an4 7, the 4at.. ot such t:rut:.ent or service, vher.
such treatment or service va. r.n4.r.4, ~he charge. tor each
treatm.nt or .ervice, an4 the amount that has been pai4 a. to
each.
Chambersburg Hospital
PO Box 897
Chambersburg P A 1720 I
1/15/96 - ER treatment for accident- $83.39
2/6/96 - General evaluation, electric stimulation, physical therapy, hot pack
2/8/96 - electric stimulation, Physical therapy, hot pack
2/9/96 - .. ..
2/13/96 - .. ..
2/15/96 - .. ..
2/23/96 -
Total for PT - $620,50
Central P A MRI Center
4930 Ritter Road
Mechanicsburg P A
Dates: 2/13/96 - MRI ofspina1 cord-
11/27/96- MRI of Lumber spine
$875.00
$875.00
Carlisle Hospital
246 Parker Street,
Carlisle, P A
Dates: 1/24/96 - bone scan, whole body _
$554.00
Belvedere Medical Center
Dr. Frank Bryan
850 Walnut Bottom Road
Carlisle P A
Dates: 1/22/96 - office visit and initial examination _ $150,00
1/29/96 - office visit $ 40.00
2/12/96 - office visit $ 50,00
10/17/96 - office visit $ 65.00
11/25/96 - office visit $ 65.00
12/20/96 - office visit $ 40.00
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1/31/97 - office visit
3/18/97 - office visit
4/29/97 - office visit
6/10/97 - office visit
7/14/98 - office visit
9/8198 - office visit
Chambersburg Fitness
Walnut Bottom Road
Shippensburg P A
Therapy on neck
$ 40,00 10/20/98 - office visit $l27. 00
$ 40.00
$ 40,00
$ 40,00
$ 40,00
$40.00
Carlisle Imaging Associates
246 Parker Street
Carlisle, P A
(717) 245-5400
Dates: 1/24/96 - bone andjoint imaging, whole body - $105,00
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10.
Identity all medical personnel who were consulted by you in
connection with the accident upon which this action i. ba.ed
or the injuries you claiJI to have re.ultecl trOll .aid accident,
and state when, where and tor what purpose each such person
was con.ulted.
IO. ANSWER:
See Interrogatories 7,8,9
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11. state your contention. a. to the liability ot each detendant
a. well a. the .pecir1.c tact. known to you upon which you ba.e
each claim ot negligenc. alleged in thi. action.
11. ANSWER
At the time of the accident, all parties were traveling north on Interstate Route 81. The Plaintiffs
were traveling in the right hand lane and defendant Jennings was driving defendant CFC
Trucking's tractor trailer in the left hand lane, The defendant, William F, Jennings was driving
defendant CFC trucking's tractor trailer within the scope ofbis employment. Qefendant Jennings
attempted to pass the Plaintiffs' automobile and in the process negligently impacted the driver's
side of the Plaintiffs' vehicle. as it was traveling entirely within the left hand lane, As the tractor
trailer was passing, it continued to impact the Plaintiffs' vehicle, forcing the vehicle oft' onto the
right shoulder of the road, As a result of the impact, both Plaintiffs were injured and their vehicle
suffered extensive damage,
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12. If you have received any medical, hospital or x-ray reports
from any medical facility or medical personnel concerning the
injuries alleged to have been caused by the accident upon
which this action is based, please identify such report, where
and when each report was received, the person from whom each
report was received, the person who has custody or possession
of each report or any copy thereof, and whether each report
was written or oral.
12. ANSWER
There have been numerous reports, both oral and written by:
Doctor Frank Lehman
University Medical Physicians
PO Box 854
Hershey, PA
Dated: 2/27/96
3/20/96
6/18/96
10/17/96
11/21/96
.
Chambersburg Hospital
PO Box 897
Chambersburg P A 17201
Carlisle Hospital
246 Parker Street,
Carlisle, P A
Dr. Frank Bryan
Belvedere Medical Center
850 Walnut Bottom Road
12/26/96
4/22/97
5/2/97
6/2/98
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13. Plea.e identity all individual., in.urance adju.ter.,
attorney.,. partie. or other. who have conducted any
inve.tigation or review ot .edical or legal literature with
re.pect to the i..u.. involved in thi. ca.. and wheth.r you
will produce or have produced at a .utually convenient plac.
and time the r..ult. ot the inv..tigation (without di.clo.ing
the mental impre..ions ot the party's attorney or his
conclusions, opinions, memoranda, not.. or summaries, legal
research or legal theories or, with respect to the
representative ot the party, without disclosing his mental
impressions, conclusions or opinion. respecting the value or
merit ot the claim or detense or respecting strategy or
tactics).
13. ANSWER
Harold S, Irwin, m
3S East High Street
Carlisle, P A
Attorney for Plaintitrs
Iohn 1, Baranski, Ir,
3S East High Street
Carlisle, P A
Law Clerk for Attorney Irwin
The results of all research fall into the exception as stated in Defendants' Interrogatory # 13,
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14. It you have obtained fro. any person or persons any oral or
written stat..ent. or docuaents concarnin9 the accident upon
which thh action i. based or it you have 9iven any .uch
.tateunt. or doauunt. to anyon., pI.... .peaUy the identity
ot each .uch per.on, when, where and by who. each .uch
statement or document wa. obtained or made, whether each .uch
statement or document was oral or written and the identity ot
the person who has custody or po.....ion ot each such
statement or document.
14, ANSWER
Debbie Elliot
Crawford Company
Suite 401
201 South Cleveland Ave
lfaserstown, MD
Dates: 7/10/96 - written.
10/9/96 - oral-
10/17/96 - written .
10/18/96 - oral-
11118/96 . written -
4/10/97 - written -
4/16/97 - oral-
Nancy
Duckworth-Morris Columbus IDc,
2002 North 45 highway
PO Box 867
Columbus MS 39703
Willis Baker
Adjuster for Midland Risk Insurance Company
825 Crossover Lane
Suite 112
Memphis TN38117
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ANSWER 14. continued
Allison Aliff
Midland Risk Insurance Company
825 Crossover Lane
Suite 112
Memphis TN 38117
10/10/96 - written. .
Attorney Steven Banko
Reynolds & Havu
101 Pine Street
PO Box 932
Harrisburg, PA 17108
Attorney for Defendant
8/17/98 - written.
9/2/98 -
j
Harold S. Irwin, m
35 East High St.
Carlisle, PA 17013
Attorney for PlaintiftS
lohn M. Reitzel
Price Quote Analyst
. College of Medicine
University Hospital
Hershey P A
12/2/96 - written-
,:
Owens E. Myers .
Wenger & Myers
17 North Main St.
Chambersburg, PA
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2/29/96 - written - discussed vehicle coverage
Kerry 0 COMell
Claims Rep.
IntegoD Insurance
PO Box 22086
Albany Georgia
10/18/96. written discussed vehicle coverage
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PlaintiftS discussed the accident with Officer Day of the Chambersburg State Police Barracks.
According to Officer Day,no accident report was ever filed.
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15. It the injuries you alleqe in this ac~ion were cau.ed in whole
or in part by .ickne.., di.ea.e, abnormality or injury other
~han the injuries you clai. re.ul~ed fro. the acclden~ upon
which this ac~ion i. ba.ed, .pecify the nature of .ach .uch
.ickne.., d18ea.., abnoraality or injury and how each att.~ed
you, whether there are any .edical, x-ray, ho.pital or other
reports which indicate the nature of each such .ickn...,
di.ea.e, abnormality or injury and how each affected you and,
if so, state where and when each such report was made, the
identity of the person who made each such report, each person
who has custody or possession of each such report and whether
you have been furnished any such information in any way other
than by the documents referred ~o in this Interrogatory and,
if so, how, when, where and by whom.
15. ANSWER:
Not applicable
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15.
If the injuries you alleqe in this action were cau.ed in whole
or in part by .ickne.., di.ea.e, abnormality or injury other
than the injuries rou clai. re.ul~ed fro. the acolden~ upon
which this ac~ion . ba.ed, .peoify the nature of each .uch
.ickne.., di.ea.e, abnormality or injury and how eaoh afte~ed
you, whether there are any .edioal, x-ray, hospital or other
reports which indicate the nature of each such sickness,
disease, abnormality or injury and how each affected you and,
if so, state where and when each such report was made, the
identity of the person who made each such report, each person
who has custody or possession of each such report and whether
you have been furnished any such information in any way other
than by the documents referred to in this Interrogatory and,
if so, how, when, where and by whom.
15. ANSWER:
Not applicable
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16. Describe any conver.ations, whether held in per.on or u.in9
any devioe ot communioation, between or ..on9 any detendan~
and any other person pertaininc) ~o the .ubjeo~ ..~ter ot this
aotion by .~a~in9 the date, ~1ae and place ot each .uch
conversation and exa~ly wha~ was .aid by each person privy to
each conversation if you can, and it you cannot, summarize as
accurately as you can each such conversation.
16. ANSWER
Plaintiffs talIced to Defendant William Jennings, Rte 1 Box 114, Vardaman, MS 38878
immediately after th6 accident. Defendant lennings stated that he was sorry for the accident, it
was his fault and he thought he had a flat tire and did not realize he made any contact with the
Plaintiffs' car.
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17. It you or anyone to your knowl.d9. are in po.....ion ot any
photoqraph., drawin9., .k.toh.., plan., docum.nt. or
blu.print. re1atinq to the .ubj.ct .att.r of th18 action,
includinq, but not limit.d to, the ar.a involv.d in the
accid.nt upon which th18 action i. ba..d, the local. or
.urroundinq ar.a of ~h. .it. of .aid accident, the injuri..
you all.qe in ~hi. action, or any other matt.r or thing
involved in the accident, please sta~e the date and each such
photoqraph, drawinq, sketch, plan, document or blueprint was
taken or prepared, the name and address of the party taking or
making it, where it was taken or made, the object(s) or
subject(s) or the particular site or view it represents, its
present whereabouts and the name and address of the person who
has possession or custody of each or any copy or print
thereof.
17. Not applicable. There have been no such items produced.
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18. Please identity all persons who you know or believe wi~nes.ed
all or any par~ ot the aocident upon which this action i.
ba.ed, were pre.ent .~ or near or within the .iqht or hearinq
of the scen. ot the accident upon which this action i. ba.ed
and/or has any knowledqe of the injurie. you claim ~o have
resulted troa .aid accident.
18. ANSWER:
Plaintiffs discussed the accident with Officer Day of the Chambersburg State Police barracks, to
the best ofPlaintifTs' knowledge, no accident report was ever filed.
As a result of treating or having consultations with the Plaintiffs, all doctors and medical care
per50Mellisted in the previous interrogatories have knowledge of the injuries Plaintiffs suffered.
The Plaintiffs were present at the accident and have personal knowledge of the injuries suffered by
each other.
Robert Gene Kellum
2200 Ritner Highway
Shippensburg, PA
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19.
With respect ~o each of the persons named in your answer to
~he preoedin9 Interroqatory, sta~. his exac~ looation a~ the
time ot said acciden~ or other relevant ti.e and the activity
in which he was ftn9a9ed at the ~i.e o~ .aid acciden~ or other
relevant ti.e.
19. ANSWER
Robert Gene Kellum was situated in his vehicle in the North bound passing lane ofI81 behind the
tractor trailer being driven by Defendant lennings.
Officer Day arrive shortly after the accident and took statements from the Plaintiff Terry Ditch
and Defendant lennings.
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20. Pl.as. id.ntity any and all tact wi tn..... who have any
knowledq. what.oev.r p.rtainin9 to the i.su.. involv.d in the
in.tant oa.., a. w.ll as any and all pot.ntial witn..... or
individual. whom you aay oall a~ ~rial and who have not
her. to for. be.n identifi.d, includin9 the na.., place and
mann.r of con~act betw..n the pot.n~ial witn... and the
parties, the sub.tance of fact. to which the witne.. could
testify if called by any party, and method of discovery ot the
potential witnesses, the purpose of the witness' testimony (if
applicable) and whether any statement or summary or wri~ten
meMoranda has been taken with respect to the potential witness
and if so, who has possession ot that statement or documen~ at
the present time. (Please attach a copy of the same without
the necessity of filinq a formal request for production of
documents. )
20. ANSWER
Plaintiffs plan on calling fact witnesses to testify to the extent of the Plaintiffs injuries as known
and understood by them i,n their capacity as lay witnesses, the effects these injuries have on the
lives of the PlaintiftS and any other relevant information necessary and within their personal
knowledge. An exact list of these persons cannot be presented at this time, but Plaintiff's are fully
aware and understand their obligation to supplement these answers when they obtain those names
and addresses.
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21. Id.ntify all oth.r witn..... oth.r ~han tho.. id.ntiti.d in
the toreqoinq Interroqatori.. who you will call to ~..tity at
trial and with r..pect to .ach .uch witne.., .umaarize all the
t..timony they will ott.r.
21. Answer:
See Interrogatory 20.
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22. Plu.e speoify the damage. you clab, by itemizinq lost
earning., 10.. of earninq oapaoi~y, all m.dioal expen.e.,
expen... incurred for rehabilitation and custodial care,
future 10.... and all other elem.nt. of .p.cial damaqe.
22. ANSWER
LOST EARNINGS:
Assante's Pizza
510 South Gate Mall
Chambersbur& P A
S127.50/week for 52 weeks - S6,630.00
Manpower
801 Wayne Avenue
Chambersburg, P A
S240.00/week for 52 weeks - S12,480.00
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1990 Nissan Sentra: S3,339.00
Medical expenses as of date total approximately: $ 5 , 826 . 89
Costs for future surgery per estimate by 10hn Reitzel: $40,000.00
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23. If you .u.tain.d any finanoial 10.. .. a r..ul~ of ~h.
accident upon which this action i. ba.ed, other than ~ho.e
cov.r.d by the prec.dinq Int.rroqatori.., pl. a.. .p.city the
natur., da~.. and amount. of .uch 10....; and it a claim i.
b.inq made for nur.inq .ervioe or hou..hold h.lp, identify
each such per. on _ployed, the p.riod of .mploymen~, ~he
amount. of the charge. for the .ervice., the amounts actually
paid and whether you have retained any bills, canceled checks
or copies thereof, reflecting such charges.
23. ANSWER:
All current losses are included in Interrogatory 22.
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24. yt yOU hAV. no ~lAim ~Qr 10.. at .Arntnq_ or .srninq nOVAr. do
not. An.WAr t.hi. or t.h. tallow!"" tiv. Ynt..rro9At.ori.. and.
mAr.Iy .~At.. "no clAim."
If, during the five years preceding the accident which is the
subject matter of this action, you were employed by another,
please state, for that five year period, the name and address
of each employer, the job title or classification of your work
for each employer, the amount of salary or wages received from
each employer during each calendar year, the weekly, monthly
or annual wage or ra~e of pay received from each employer, the
exact weekly, monthly or annual wage or rate of pay being
received from your employer at the ~ime ot said accident.
24. ANSWER
Assante's Pizza
510 South Gate Mall
Chambersburg, P A
Title: Pizza Delivery
.
Employment dates: 1986 to lanuary 14, 1996
Rate: S4.25/hr. + commission and tips or approx. S127.50/week for 52 weeks
Roadway Safety
415 Railroad Ave
Shermanstown, PA
Title: Flag person
Employment dates: 1982 to 1989, 1992 to 1993
Rate: S13.66/hr. for 40+ hours/wk or approx. $ 546.40 Iweek for 52 weeks
Manpower, Inc.
801 Wayne Avenue
Chambersburg, P A
Mount Brook Orchards
Employment dates: Early 1995 to December of 1995 vacation, scheduled to return on lanuary 19
1996. As a result ofaccident, I never returned. '
Varying wages; $5.50 to $6.50/hr. for 40 hours/wk. or approx. $240.00/week for 52 weeks
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25. It, durinq the tive year. preoedinq the aocident upon which
this aotion i. ba.ed, you were enqaged in a bu.ine.. a. a
partner with other., identity each ot ~he other partners or
a..ociate., the name and addre.. ot the partner.hip, the ~ype
ot bu.ine.. enqaged in by the par~ner.hip, the date. durinq
whioh .uch partner.hip or a..ociation operated, and ~he exac~
amount of income and other benefi~. die~ribu~ed to you trom
the partner.hip for eaoh of the five years, statinq
specifically ~he income durinq each year and the alDount
received during the last calendar year in which the accident
occurred up to the ~ime thereof.
25. ANSWER:
Not applicable
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26. If, durinq the five year. preoedinq the aooiden~ upon which
~hi. aotion i. ba.ed, you were .elf-employed, id.n~ity the
bu.ine.., the nature of the bu.ine.., and your ex.c~ inco.e,
9ro.. and ne~, tro. the bu.ine.. for each of the five year.
.tatinq .pecitically the income durin9 each year and the
income earned durinq the calendar year in which the acciden~
ocourred up ~o ~he time thereof.
26. ANSWER:
Not applicable
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27.
For the five rear. prior to the accident which oonstitute. the
ba.i. tor ~h . aotion and tor each ot ~he year. .ince ~ha~
da~e, state the name in which your federal income tax return
was filed, your qro.. inoOM, adjU8~ed ~able net incou, and
for eaoh .uoh year; the aqqreqa~e qro.. income .tated on W-2
form. attached ~o your federal inoome ~ax return; it you did
not file a federal income tax return, 8upply the requ..~ed
intormation as contained on your state and local income ~ax
returns.
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28.
It IOU claim ~ha~ you were unable to work a. a re.ul~ ot the
acc dent upon which this action i. ba.ed, plea.e apecifY the
date. you were unable ~o work and the rea.on. you were unable
~o work; and it you allege tha~ you have not been able ~o
perfora your work .a~i.ta~orily a. a re.ult ot the acoiden~,
plea.e specify what duties you are unable ~o pertorJI, the
manner in which you were prevented trom perforainq tho.e
duties, and the identity of all persons having knowledqe ot
such tacts including your supervisors or employers at the time
of such incapacities.
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28. ANSWER:
Prior to the time ofthe accident, I worked road construction for Roadway Safety, I delivered
pizzas for Assante's pizza and warehouse work for Pet Ritz, Inc. through Manpower, Inc.
While working for Roadway, my duties included moving heavy signs and standing on my
feet holding a flag, As a result of the accident on lanuary 15, 1996, I can no longer do this type
of work. The injuries to my back and neck, as outlined in the previous interrogatories cause me
too much pain to perfonn these duties.
While working for Assante's pizza, my duties included delivering pizzas in my own
vehicle, lift and move a dough bowl, mop, sweep and clean. I CaMot sit in an automobile for any
extended period of time, nor can I enter and exit repeatedly, as is required by a pizza delivery
person, without suffering pain in my back and neck and head. I cannot put the strain on my back
required to lift the dough bowl at Assante's and I do not have the strength any longer to lift the
dough bowl without my back or neck hurting. I CaMot move my back and upper body as
necessary to mop or sweep without suffering pain. My supervision at Assante's was Pat
Caranante'
While working for Manpower at Pet Ritz, my duties were to lift and shelve large boxes in
the warehouse. I can no longer lift these item over my head as necessary with out suffering pain
in my back and neck, nor can I stand on my feet for any extended period of time.
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29.
Identity any insurance oompany, assooiation, .xohange or
benetit sooiety or 9roup. whioh have paid any health,
.ickne.., aocident, .edioal, disability or lite insurance
benefit. arisinq out of the accident which torms the basi. ot
this aotion, specify the amount and dat.s ot such payments and
spGcify the nature and extent of any eubrogation interest
claimed or asserted.
29. ANSWER
Debbie Elliot
Crawford Company
Suite 401
201 South Cleveland Ave
Hagerstown, MD.
Nancy
Duckworth-Morris Columbus Inc.
2002 North 45 highway
PO Box 867
Columbus MS 39703
Willis Baker
Adjuster for Midland Risk Insurance Company
825 Crossover Lane
Suite 112
Memphis TN 38117
discussed damage to Plaintiffs vehicle shortly after the accident
Allison Aliff
Midland Risk Insurance Company
825 Crossover Lane
Suite 112
Memphis TN 38117
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30. It your claim in this action is ba..d in whole or in ~ upon
.xpert opinion, pl.... id.n~ity .ach and .v.ry .xp~ you
.xp.c~ ~o call .t ~i.l, hi. prot...ion or ocaup.~ion, the
.ubj.ot: ..t~.r upon which the .xp.rt will t..~ity, the
.ub.~ana. ot the tac1:. and opinion. ~o which the .xp~ will
~..~ity, a .ummary of the ground. tor .ach opinion ot.~.
.xp.rt, the date upon which you tir.~ con~ac~.d the .xp.rt,
the author, tit:le, da~e and publisher ot any articl., ~.xt,
part of a text, ~rea~ise, paper, speech, or any other .ource
of medical informat:ion upon which the expert will rely in
expressinq his opinion and identify all claims or ac~ions in
which such person has served as an expert witness.
30. ANSWER.
Not plans as of yet to have an expert testify, although Dr. Frank Bryan and Dr. Lehman may be
called.
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33.
With re.peot ~o the aotor vehicle occupied by you a~ the ti.e
ot the acoidan~ in your complain~, iden~1ty it. owner by name
and addre.. and each ot i t. oocupan~. by nUl., addre..,
.ea~in9 po.i~ion, and the rela~ion.hip or connec~ion wi1:h
you.
33. ANSWER
Owtier:
Paula A Ditch - front passenger seat
2084 Lincoln Way East
Chambersburg, PA 17201
Terry L. Ditch - driving
2084 Lincoln Way East
Chambersburg, PA 17201
Husband and Wife
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34.
Wha~ wa. ~. purpo.. ot ~. trip tha~ was ~erJIinat:.d or
interrupted by the acoid.nt, wh.n did .aid ~rip co...nce and
wha~ .~op. were aade, it any, prior ~o ~. aocident?
34. ANSWER
The purpose of the trip was to visit Carlisle Hospital for pre-admission for surgery on Terry
Ditch's ankle. The trip commenced at approx. 8 0 clock AM on January 15, 1998. We made no
stops prior to the accident.
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37. Was the motor vehicle which you were operatinq at the ~i.e ot
~h. aooiden~ equipped with .ea~ bel~.? It so, were you
wearinq a .eat bel~ a~ the ti.e ot the aooident?
37. ANSWER
Plaintiff, Mrs, Ditch was wearing her lap belt.
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38. Pl.as. stat. wh.ther you have .lected the l1a1ted or tull t:on
option and .~.~. vi~ .p.citiai~y ~. n... ot your priva~e
p....n9.r au~o.obil. in.ur.no. comp.ny and it. addr....
38. ANSWER
Plaintiffs elected the full tort option.
Wegner and Myers
17 North Main Street
Chambersburg,PA
Respectfully submitted,
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38. Pl.... .tat. whether you have .l.c~ed the liai~ed or tull ~ort
option .nd .t.~. wi~ .p.oifici~y ~. name of your priv.~.t
p....n9.r automobile in.uranc. coap.ny and it. .ddr....
38. ANSWER
Plaintiffs elected the full tort option.
Wegner and Myers
17 North Main Street
Chambersburg, P A
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Respectfully submitted,
ESQUIRE
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The foregoing answers to interrogatories are based upon information which has been
gathered by my counsel in the preparation of this lawsuit. The language of the document is the
language of my counsel and not my own. I have read the answers and to the extent that they are
based upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the content of the answers is that of
counsel, I have relied upon counsel in making this verification. I understand that false statements
made herein are subject to the penalties of 18 Pa.C,S.A. Section 4094, relating to unsworn
falsification to authorities.
\) "'-,. . ~ ---J 1998
,
A(~ d~
PAULA J, DlTCH't" -
44
: . . ,
.. .
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, . . .
CERTIFICATE OF SERVICE
I hereby certifY that I have served a true and correct copy of Plaintiffs' Answers to
Defendants First Set ofInterrogatories on Defendants' counsel of record by placing same in the
United States Mail at Carlisle, Pennsylvania, first-class postage prepaid, on the 10 day of
November, 1998 and addressesd as follows:
Steven L. Banko, Jr., Esquire
101 Pine Street
Harrisburg, PA 17108-0932
Counsel for Defendants
35 East High Street
Suite 2.01
Carlisle, Pa 17013
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TERRY L. DITCH and PAULA J.
DITCH, husband and wire,
Pll/illt!t/.i'
: IN THE COURT OF COMMON
:PLEAS OF PENNSYLVANIA
: CIVIL ACTION . LAW
VS.
: NO. 98.62 CIVIL 1996
Wll..LIAM F. JENNINGS. lIud
CFC TRANSPORTATION. INC.
D~r<!lIIllllrt.~
: IN TRESPASS
PLA1NT1FF PA Uf.A .I, D1TCH'S SlJPPl.EMENTAL RESPONSE TQ
DEFENDANT'S lNTERROGATORlES
The Plaintiff, by and through her attorney, Harold S, Irwin, III, hereby provides
the following supplemental responses to the Defendant's first set ofInlerrogalories, and
states the following:
Interrogatorv #7:
Plaint~ff's Supplemental ResDonse:
Dr. Frank Bryan
8/20/97 - office visit
8/26/97 - office visit
9/23/97 - otlice visi t
]0/7/97 - otlice visit
Interrogatorv # 8
Plaintiff's Suoplemental ReSDonse
Chambersburg Hospital
PO Box 897
Chambersburg P A 17201
1/15/96 - ER treatment for accident-
$83.39
2/6/96 - GCllcral cVlIlullt ion, electric stimulation, physical therapy, hot
pack
2/8/96 - electric stil11ullllioll, Physical therapy, hot pack
2/9/96 _ " u
2/13/96. " "
2/15/96 . " u
2/23/96 .
Total for PT . $620.50
Central PA I-dRI Center
4930 Ritter I{oml
Mechanieshlll'g PA
Dates: 2113/% - MRI of spinal cord -
11/27/96- M R I ur Lumber spine
$875.00
Carlisle Hospital
246 Parker Street,
Carlisle, I' A
Dates: 1/24/96 - hone selin, whole body -
$554.00
Belvedere l'vlcdical Center
Dr. Frank Bryan
850 Walnut Bottom Road
Carlisle P A
Dates: 1122/96 - ollice visit and initial examination. $150,00
1/29/96 - olliec visit $ 40.00
2/12/96 - oJ1ice visit $ 50.00
10/17/96 - ol1iee visit $ 65.00
11/25/96 . oJ1ice visit $ 65.00
12/20/96 - ollice visit $ 40,00
1/31/97 - olliec visit $ 40.00
3/18/97 - olliec visit $ 40.00
4/29/97 - olliec visit $ 40.00
6/10/97 - olliec visit $ 40.00
8/20/97 - olliec visit - $130,00
8/26/97 - olliec visit - $ 40.00
9/23/97 - olliec visit - $ 40.00
10/7/97 - olliec visit - $ 40.00
7/14/98 - olliec visit $ 40.00
Paid $130.00
Paid $ 26.40
Paid $ 26.40
Paid $ 26.40
Chambersburg Filness
Walnut Ballo III Road
Shippensblll'g P A
Therapy on neck
Carlisle II1111gi ng Associates
2461'arker SIIl'l'l
Carlisle, 1'1\
(717) 2.15-5,1110
Dates: 1/2.11% - hone and joint imaging, whole body - $105.00
No other amounts have heclI pnid, 10 the best ofl'lainlifl's knowledge,
InterropatOlY II 9
Plaintiff's SlIl1I~eml'lllaJl~~~llPnSe
Dr, Fl'llnk Blsan
Billed
8/20/97 - ollke visit - $130.00
8/26/97 - ol1ice visit - $ 40,00
9/23/97 - ollke visit - $ 40.00
10/7/97 - ollke visit - $ 40.00
Paid
$130.00
$ 26.40
$ 26.40
$ 26.40
No other amounts have becn paid, to best of Plaintiff's knowledge.
Interrollatorv # 23
Plaintiff's SUllplenW!1Jal Resp-onse
Medical expcnscs 10 date lotal approxi
Dated: 1/-~~-9r_
. ail. in,
Attorney ID /I 29 20
35 East High Stre, . 2011202
Carlisle, PA 17013
(717) 241-2312
Attorney For Plaintiffs
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The foregoing answers 10 interrogatories arc based upon information which has
been gathered by my counsel in the preparation of this lawsuit. The language of the
document is the language of illY counsel and not my own. I have read the answers and to
the extent that they are based upon information which 1 have given to my counsel, it is
true and correct to the best 01' illY knowledge, information and belief, To the extent that
the content of the answers is Ihnt of counsel, I have relied upon counsel in making this
verification. I understand thnl Iillse statements made herein are subject to the penalties of
18 Pa,C.S.A. Section 4094, relnting to unsworn falsification to authorities.
\:)t';\J" )~~, 1998
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Paula 1. Ditch
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HAROLD S. IRWIN,lII, ESQI1I1Uo;
ATIORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATIORNEY FOR PLAINTIFFS
TERRY L. DITCH and PAULA
J. DITCH, husband and wire,
Plailltiffl'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS.
: NO. 98-62 CIVIL 1996
WILLAIM F. JENNINGS, and
CFC TRANSPORTATION, INC.
Defelltlllllt.~
: IN TRESPASS
PLAINTI PP'S RESPONSE TO DEFENDANTS'
FIRST SET OF INTERROGA TORIES
NOW come the plaintin: Paula J. Ditch, by her attorney, Harold S. Irwin, III, and replys to
defendants' first set ofInterrogatorics as follows:
. .
29. Identify any insuranoe oompany, a..ocia~ion, exchanqe or
benefit society or group. which have paid any health,
.iokne.., accident, medioal, dillabili~y or lite in.urance
benefits arisinq ou~ of the acciden~ which tora. the ba.i. of
this aotion, specify the amount and dates of .uch payman~s and
specify the nature and extent of any subrogation in~erest
claimed or asserted.
29. ANSWER
General Accident Insurance Company
100 Corporate Center
CampHiIlPA 17011
8/20/97 - $130.00 - we are aware of no subrogation interest at this time
8/26/97 - $ 26.40 - we are aware of no subrogation interest at this time
9/23/97 - $ 26.40 - we are aware of no subrogation interest at this time
10/7/97 - $ 26.40 - we are aware of no subrogation interest at this time
~
The foregoing answers to interrogatories are based upon information which has
been gathered by my counsel in the preparation of this lawsuit. The language of the
document is the language of my counsel and not my own. I have read the answers and to
the extent that they are based 1I pon information which I have given to my counsel, it is
true and correct to the best of my knowledge, information and belief. To the extent that
the content of the answers is that of counsel, I have relied upon counsel in making this
verification. I understand that false statements made herein are subject to the penalties of
18 Pa.C,S.A. Section 4094, relating to unsworn falsification to authorities.
PIHr. 4& 1998
i,
TERRY L. DITClllllld 1',\ l! 1.,\ ,I.
DITCH, husblllld III1lI wif','.
I'II/illlif/.\
: IN 'I'll E COURT OF COMMON
:I'LJo:AS 011 PENNSYLVANIA
: CIVIL ACTION - LAW
",'
VS,
: NO. 98-62 CIVIL 1996
(
),
WILLIAM F. JENNIN(;S. IIlId
CFC TRANSPOIrI'ATION. INC.
I"~fi'/IIII/IIIS
: IN TRESPASS
PLAINTIFF mUll I' I.. IHTCIl'S SUPPLEMENTAL RESPONSE TO
/)FFHNIJIlNT'S INTERROGATORIES
The Plaintifl: by and through his attorney, Harold S. Irwin, Ill, hereby provides the
.
,
following supplemental responses to the Defendant's first set ofInterrogatories, and states
No amounts havc been paid, to the best of Plaintiff's knowledge.
the following:
Interrogatorv # 8~
Plaintiff's SUl2plelllC.llt a!J~csponse:
InterrOl!8torv #9:
I
,
Plaintiff's Sup-plcn)ClllalJ~esponse:
No amounts have been paid, to the best ofP intiff's knowledge..
Dated:
I/-';Y- rt
Harold S. Irwin
Attorney ID # 2 20
35 East High Stree ,
Carlisle, PA 17013
(717) 241-2312
Attorney For Plaintiffs
01/202
'...'
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The foregoing answers to interrogatories are based upon information which has
been gathered by my counsel inlhe preparation of this lawsuit. The language of the
document is the language of illY counsel and not my own. I have read the answers and to
the extent that they are based upon information which I have given to my counsel, it is
true and correct to the best of my knowledge, information and belief. To the extent that
the content of the answers is that of counsel, I have relied upon counsel in making this
verification. I understand that fhlse statements made herein are subject to the penalties of
18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities.
. .
f)1HY~. 1998
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HAROLD S.IRWIN,III, ESt.lllllm
ATIORNEY ID NO. 299211
35 EAST IIIGH STREET
CARLISLE PA 17013
(717) 243-6090
ATIORNEY FOR PLAINTIFFS
TERRY L, DITCH and l'AlJU
J. DITCH, husband and wil'l',
Pllli/ltifl.i'
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS.
: NO. 98-62 CIVIL 1996
WILLAIM F. JENNINGS, anll
CFC TRANSPORTATION, 1i'iC.
Defe/ld/tIIt".
: IN TRESPASS
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NOW come the plaint ill: Tl'ITY L. Ditch, by his attorney. Harold S. Irwin, III, and replys
PLAINTIFF'S RESPONSE TO DEFENDANTS'
FIUST SET OF INTERlUJerA TORIES
to defendants' first set oflnlcl'l'ogalorics as follows:
~
,
.
. ..~
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, .. ,
29. Identify any insuranoe oompany, associa~ion, exohange or
benefit sooiety or 9roups which have paid any health,
siokness, accident, m.dioal, disability or life insurance
benefi~. arisincJ ou~ ot the acoiden~ which foras the ba.is ot
this action, specify the amount and date. of such payman~s and
specify the nature and enen~ of any subroqation in~eres~
claimed or asserted.
.
29. ANSWER:
None, to the best of Plaintill' knowledge.
. .
. ,
~
The foregoing IInSll'l'1 s 10 interroglltories lire bllsed upon information which has
been gathered by my counsel inlhe prepnrntion of this Inwsuit. The language of the
document is the langunge of lilY cllunsclnnd not my own. I have read the answers and to
the extent that they are bnsed upon information which I have given to my counsel, it is
true and correct to the best Ot'III)' knowledge, information and belief. To the extent that
the content of the answcrs is thai of counsel, I hnvc relied upon counsel in making this
verification. I understnnd thaI Ihlsc stnlcments mnde herein are subject to the penalties of
18 Pa.C.S.A. Section 4094, relating to unsworn fnlsification to authorities,
IJ~ ~.2 ,1998
TERRY L. DITClIlllld I'AULA ,J.
DITCH, hll5bllnd Ilnd wife,
Plaintiffl'
: IN TilE COUll'/' OF COMMON
:I'U;AS 0/; I'ENNSYLVANIA
VS.
: CIVIL ACTION. LAW
WILLIAM F. JENNINGS, Ilnd
CFC TRANSPORTATION, INC.
/Jefentlant,~
: NO. 98-62 CIVIL 1996
: IN TRESPASS
PLAINTIFF PAUlA J. /J/TCH'S SUPPLEMENTAl. RESPONSE TO
/JEFEN/JANT'S INTERROGA TORIES
The Plaintiff, by and through her attorney, Harold S. Irwin, III, hereby provides
the following supplemental responses to the Defendant's first set ofInterrogatories, and
states the following:
Interrogatorv # 30
Dr. Frank Bryan,
Belvedere Medical Center
850 Walnut Bottom Road
Carlisle, PAl 70 I 3
Orthopaedic surgeon
Will testifY concerning the Plaintiff, Paula Ditch's injuries, specifically as to the
cause, extent, continuing nature, treatment and possibility of recovery of these injuries and
any other relevant facts surrounding these injuries that are within his personal knowledge
or on which he can base his expert opinion.
Dr. Bryan's opinion will be based on his expertise as an orthopaedic surgeon and
his contact with and treatment of the Plaintiff.
Doctor Bryan's CV is attached hereto and contains a list of published articles.
It is unknown at this time which other sources of medical information Dr. Bryan
will rely on,
InterroBntOl)' // 31
Dr. Brynn's CV is nllnched hereto,
Dated: -I If ;,:P
Law Offices of Harold S. Irwin, III
By:
Jo J. aranski, Jr.
Attorney ID II 82585
35 East High Street, Suite 201/202
Carlisle, PA 17013
(717) 241-2312
Attorney For Plaintiffs
'....
Frank S. Bryan. M.D.
850 Walnut Bottom Rd. . Carlisle, Pa, 17013
Phone (717) 243-9010
2-~~jll & Joint Surgery' Arthroscopic Surgery' Joint Reconstructive Surgery' Rehabilitation
Harold S. Irwin,/1/
Hitner House. Suites 20 I and 202
35 East High Street
Carlisle, Pa. 17013
Re: Paula Ditch
Dear Mr. Irwin,
I will testifY as an expert witness for the case based on my qualifications as an
orthopaedic surgeon. I have testified in many cases. Enclosed, please find my CV.
If you have further questions or have more information regarding the date of the court
case, please contact my office.
Sincerely,
..-
L Fra~~'~;:dD;tID~ ~ ~/.
-
Curriculum Vitae
Frank S. Bryan, M.D.
nmn. Add",..
850 Walnul BOllom Road
Carlisle, PA 17013
Relldenre
527 Mooreland Avenue
Carlisle, PA 17013
Phone:
Date of Birth:
Binhplace:
Family:
License:
(717) 243-90 I 0
July 2, 1932
Masonlown, PA
Wife: Sally - 3 children
MD 026051-L
Education:
Residency:
Resident in Basic Science and Orthopaedic Surgery, University
of West Virginia,1967-1971
Graduate Hospital, University of Pennsylvania, Philadelphia, PA
Internsbip: '
Philadelphia Naval Hospital, Philadelphia, PA 1958-1959
College:
M.D., Jefferson Medical College, Philadelphia, PA 1957
B.S., Davis & Elkins College, West Virginia, 1953
Board Certification:
American Board of Orthopaedic Surgery Certification, 1974
American Academy of Orthopaedic Surgeons Fellowship, 1977
American Academy Disability Evaluating Physicians, 1991
Academic
Appointments:
Hershey Medical Center, Hershey, PA, Clinical Instructor in
Orthopaedic Surgery. 1971 to present
Hospital
Appointments:
Carlisle Hospital, Orthopaedic Surgery, 1971 to present
Carlisle Hospital, Medical Service, 1961-1966
Milton S. Hershey Medical Center, 1971 to present
Dunham Anny Hospital, Consultant, 1991 to present
Health South, Mechanicsburg Rehab Hospital, 1973 to present
Seidle Memorial Hospital, Courtesy Staff, 1987 to present
Medical Director, Work Perfonnance Center, 1990 to 1995
Harrisburg Hospital, Orthopaedic Surgery/Courtesy Staff,
1994 to present
Page 2
Frank S. Bryan
Curriculum Vitae
Publications:
Spontaneous Paralysis of the Posterior Interosseous Nerve,
Clinical Orthopaedics 30: 9-12, 1971
Initial Care of the Critically Injured Patient, Pennsylvania Medicine 75:
1963-1968, 1972
ProCessional
Memberships:
American Medical Association
Pennsylvania Medical Society
Cumberland County Medical Society
Fellow, American College of Surgeons
American Trauma Society
American Academy of Orthopaedic Surgeons
Eastern Orthopaedic Society
American Association for Automotive Medicine
American Association Disability Evaluating Physicians
College of Physicians of Philadelphia
Who's Who in Executives and Professionals 1996-1997
Training Seminars:
Basic Course AO/ASOF in Davos, Switzerland
Advanced Course AO/ASOF in Davos, Switzerland
Yearly meetings of the Eastern Orthopaedic Association
Yearly meetings, along with Clinical training and Annual Scientific
Seminars of the American Association of Disability Evaluating'
Physicians
Advanced courses on Arthroscopy of the Knee
Updated 2/4/99
".........
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of Plaintiff Paula
Ditch's Supplemental Responses to Defendants' Interrogatories via service upon
Defendants' counsel of record by placing same in the United States mall at Carlisle,
Pennsylvania, first-class postage prepaid, on thisJJday of February, 1999 and
addressesd as follows:
Stephen L. Banko, Jr, Esquire
Reynolds and Havas
101 Pine Street
P.O. Box 932
Harrisburg, PA 17108-0932
Counsel for Defendants
J n J. aranski, Jr.
35 East High Street
Suite 201/202
Carlisle, PA 17013
Attorney for Plaintiff
HAIlOLD a. IIlWIN, III
ATTOIlNEY ID NO 21120
31 oaT HIOH aTIlEET
CAMilLE PA nit'
(7t7) za.ao.o
ATTOIlNEY FOil PLAINTIFFI
TERRY L. DITCH and
PAULA.I. DITCH, ilia wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
: CML ACnON . LAW
vs.
:
: NO. 11..2 CML TERM
WILLIAM F. .IENNINGS and
C F C TRANSPORTAnON, INC.,
Defendants
.
.
: IN TRESPASS
: .IURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
To the Prothonotary:
Upon the request of Plaintiffs, please settle and discontinue this action with
prejudice to the Plaintiffs.
October 7,1999
cc Steve L Banko, Esquire
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