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HomeMy WebLinkAbout98-00266 '.~ f,. ;K. -.";)'.,t. , i:.:),[~_,l ,{:'::~~' 1:;J~'1 ,~(r.f) Y~f.~ ,1'l""i'.1 " \1 (l;l~--- .--_;W-- - ,- .~ ~ a .~ 'r~ , ;, ;;u+ "e' :Iii;. ',", - ....5l -..!l ~ ~ '*1 ,Ii.. Q o l.h ,.~ '$ -.J ,~ ,(j " 'i 'I'; 1t;!(" 'l'IiJE)::;,f " ,,1 ~ ':' ,~;i:I;..' c' ,,' "",,:J:: ---d,:!:;:./! " " " '," ,'" cause thc front end of his vchiclc to nose dive under Plaintiffs vchiclc and viokmtly collide with the rcar end of her vehicle, 6, The collision was a direct and proximatc result of Derendant's negligence, in that the Defendant: a, Failed to maintain his vehicle under proper and adequate control at the time; b, Failed to keep a careful lookout for the vehicle which Plaintiff was operating; c, Failed to operate his vehicle at such a speed and in such a manner as to be able to stop his vehicle within the assured clear distance ahead so as to avoid Plaintiff's car; d, Operated the vehicle without duc regard for thc rights, safety, well-being and position of Plaintiff under the aforesaid circumstances; e, Operated the vehicle in violation of local ordinances and the statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles on the public highways, which conduct constitutes negligence as a matter of law, 7, As a result of Defendant's negligence as aforesaid, the Plaintiff, Cindy Webster-Dill, was seriously injured in and around hel' limbs, head and body and suffered severe shoek to hl:r nerves and nervous system, More specifically, the Plaintiff suffered a sprain and stmin of the cel'vical and lumbar spine and paraspinal museulature and ligaments, as wcll as injury to her right hand and right arm, 8, As a further result of Defendant's negligence, PluintifThas been tlll'ecd to suffer continuous pain in her neck, back, upper extrelllities and severe shock to bel' nerves and , " " , .!J.\' l ;'. c ,:. -' '.':'~~ ..'; :~; 1';';'\\ ! g:'~'J;j', ,,; , i4" "f" , "'. ~u ',\,' l~ :. .',1 r.if ;h \1:' C._ ,f-~D~~'h~if , ..',;';":I::I/-:':.'i' " " , I': ,!',. /: "f ~;;?f ", :i~:\ - ~l ')1 , -~:. '- Oi ,. , j l._~ I'"~ ~ ~ t.. ...:::.. ... E'" 8ft J ... trJ l ji.:i-' ::J' , .!.~) .'" -:.,t,__,- " j-'- ;' "'.'- .. "', ," l.f .~, .Cj.>. .. J:: '-'..f:i" ; 'l.r: ;"- " i' II ~..lii ~ I ; IIJ~ HI I~I R 1-,,;- ,( , , "" .,J, . REQUEST FOR PRODUCTION OF DOCUMENTS I. The entire contents of any investigation file(s) and any other documentary material in your possession which Sl.lpport or relate to the allegations contained in Plaintiffs Complaint (excluding references to mental impressions, conclusions or opinions representing strategy or tactics and privileged communications from and to counsel), 2, Any and all statements concerning the action, as defined by Rule 40034, from all witnesses including any statements from the parties herein, or their respective agents, servants 01' employees. 3, All photographs taken 01' diagrams prepared of the scene of the accident 01' any instrumentality involved therein, 4, Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. Reports of any and all experts who will testify at trial. 6, Any and all medical records, physician's reports and bills, hospital records 01' abstracts of same which relate in any way to the injuries allegedly sLlstained by Plaintiff, as well as the treatment of any similar injuries prior or subsequent to the occurrence in question, 11, Have you ever made a claim for personal injuries or property damage under any insurance policy, 01' against any person, firm or corporation 01' to any governmental agency? If so, state: (a) the name and address of the person or entity against whom such claim was made; (b) a description of each injury or damage which was the subject of each such claim; (c) the name and address of the tribunal where such claim was filed, the title of the cause, case 01' claim and the number assigned by the tribunal to such cause, cnse or claim; (d) the name and address of the insurer affording coverage applicable to said claim and the claim number assigned to said claim; (e) the date and manner in which you suffered the injuries or damage giving rise to such claim; and (f) the date and amount of money paid, if any, to settle or othelWise satisfy said claim, ANSWER: ~ 31. If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: (a) his name, address, and the professional occupation and field in which he Is an expert (you may attach his curriculum vitae); (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; (c) if the opinion is based upon a medical or scientific rule or principle, or is based upon any code, regulation, standard (governmental 01 otherwise) or is based upon any scientific, medical or engineering tex1book or publication, identify the scientific or medical rule or principle, code or regulation or scientific, medical or engineering tex1book or publication; (d) whether any of the experts were compensated for their work and efforts In connection with this action and, if so, state how much the expert Is to be paid, whether he has already been paid, and if not, when he will be paid. ANSWER: : .. ~' , " ,.,. , , , ~ r;r, - ,-' ,,' \Lh "~I ~r N ;~') <<t'C ,- <.J'/: J' ar:' t~ "J .~l ..11 OC' , i:)~:J rl:' i! ,.... :;;,'{i~, ',', '" ,('\1 - J~i!'. " ~~ '(~,; ~<;1 1) "-1' ,j,,, Sf """ ' 'fl,l) :;:-:1, tJ.. t:1.., cd ;rJ! d " ~ 0'\ ,,' - ~ ~ " "'.t' C),~ , C),~~_ "I:> ::;:'- ~;; ;;-;'(1) .'.:: ~,;.: (~.: ,"'#' , r!.in) i/Hl.:, , ~~~ !':-t!, I ~: <1.;,1 ,:,:I"":.~','~&~, ;)~! -'-': ~'j, ::.'~,:/'_:_;~,---';~~F,' " , '}' .L, - r-- ,,,i; ;''''",'' ',:,u., ,'_. ~,:,~, ,~,'t,:; 0 ".;#' c N :(: ,..... '(~ "''', ';J, ~ , ' " ,:",".f {J ,.c..' -,;1, ., I !' , ~ I I,'" 1(1', S I = IIi , " I"',.' , I'~ , , I' , . " , " , R", , "'-.::t' ,I' " " plaintiff that she should sccure new counsel to reprcsent her In this matter, That advice was provided to the plaintiff verbally on 01' ahout October 8, 1998, which udviee was eonfirmcd in writing by letters duted October 9, Novcmber 12 and November 17, 1998, Such lettcrs shull be available for inspection by the court if required but arc not all ached hereto as exhibits so as to not unnecessarily divulge an)' matter which may be subject to the attol'l1ey-elient privilege, 5, The law firm has delivered the entire, original contents of its file to thc pluintiff so that she may interview other lawyers to secure new counsel. From time to time, the law fiml has written to the plaintiff to remind her of her need to seeme new counsel as quickly as possible, 6, Defense counsel, Christopher Knight of Nea/on & Gover, was advised in writing of the law tirm's intention to withdraw shortly after that decision was made, That circumstance was further confirmed by letter sent by the plaintiff directly to MI'. Knight, in which she inquired as to the prospects of sellling the malleI' directly, It should be uoted that the plaintiffs leller to defense counsel was sent without the knowledge or endorsement of the law firm, 7, It is believed and therefore averred that no prejudice has 01' will result to the defendant by the law Jlrm's withdrawal as .'ounseL However, substantial time has elapsed since the plaintiff and the law firm determined that ongoing representation by the law firm was not mutually satisfactory, The defendant has patiently accommodated the ensuing period wherein the plaintiff had soughtrcplaeement counsel. Although the law firm is desirous of providing the plaintiff with as much time as possible to secure new counsel, additional delay in the tiling of this petition may give rise to a claim of prejudice on the part of the defendant andlor the delay in the preparation and scheduling of the malleI' for trial. Accordingly, the Jaw firm has determined that this petition could be held in abeyance no longcr and has proceeded accordingly, 8, A true and correct copy of this petition has been forwarded to the plaintiff Cindy Webster-Dill. A true and correct copy of this petition has been forwarded to Christopher J, Knight, counsel to the defendant. WHEREFORE, your petitioner respectfully requests that the court approve its request to withdraw as counsel for the plaintiff in this multer, , , , , I I I I i I I I I , i I I i I () lO () \;. \.,D " .t'-~ j ~I r;i .-q ~'q [' I (' I --J , /, \ h1 "'i' i"J , \D U , , 1,-') .." , \ , ,I ~ ; :)-~ , I , I \~ (~\ ," \ ), r'~) , ( .. .:! . ~.,'l ':'-',~ ;;: I'i' GALLAGHER. SCIIOENFEI.D, SlJRKIN & ClllJl'E1N BY: JOSI~I'H W, CIIUI'EIN, JR" ESQ, Attorney LD, 1/36709 25 Wcst Seeond Street 1',0, Box 900 Media,l'A 19063 (6 I 0) 565-4600 Attorney for Plaintiff CINDY WEBSTER-DILL 55 Cold Spring Road Carlisle, PAl 70 13, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY.I'A Plaintiff v, CIVIL ACTION JOHN DA VID FLOWERS S-3 Antrium Drive Meehaniesblll'g, P A 17055, Defendant NO, 98-266 MOTION TO MAKE RULE ABSOLUTE AND NOW Gallagher, Schoenfeld, Surkin & Chupein (formerly known as Richard, DiSanti, Gallaglwr, Schoenfeld & Surkin), requests the relief set forth herein and avers and support thereof that: 1. YOUI' Honorable Court issued a Rule upon I'luintiffand Defendant to show cause why your petitioners should not be permitted to withdraw as counsel for t:le plaintiff, A tl'lle and correct copy of that Order is uttaehed hcrcto as Exhibit "A", 2, A true and correct copy of the Ordel of Court which issued thut Rule was served upon the plaintiff, Cindy Webster-Dill, by certified mail retul'll receipt requested article number Z 399217225, which was delivered on May 18, 1999, The rclul'llreceipt is attached hereto as Exhibit "13", 3. A tl'ue and eorrcet copy of the Order of Court which issued that Rule was served upon defendant's counsel, Christophcr J, Knight, by certified mailretul'll reccipt rcquested article number Z 399 217 226, which was delivered on May 18, 1999, Thc rcturn rcceipt is attached hereto as Exhibit "C", 4, Morc than lwcnty days has clapsed sil1<~c scrvicc of thc Rule upon the rcspondcnts, Accordingly, your pctitioner is enlitlcd to have the Rulc mnde ahsolutc and an Ordcr cntl'rcd in the f(l/'In affixed hereto, ('i.v /)IJ !A)(rJ.>c, rl'rl- i);LL In The Court of Car.nnon PIcas of ""\ ol-\,v '--. UA\i:\o. F::'J\.u{l ~ ) ) ) ) ) ) ) CllIltber land County I ?ennsy Ivania ~Io.~(;f" {' I vi I 19 qg C/L OATH / I" l;e do solemnly swear (or affirm) that we will support I obey and defend the Constitution of the United States and the cans. titUtJ.o '~Of this Common- ',o/ealth and that we ',o/ill discharge the duties of ourCil'fi e w h fidelity. ,." ( J / AWARD We, the undersigned arbitratcrs, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar~ed, they shall be separately stated.) I:: ALk.,2 () /.. T (I C:: /) C f: (w () 11'''' I /,<.) A}t..' b A'("A, I" ~ 7 -; t{c:: /7{ Ar tUrl 'r- C applicable. ) Date of Hearing: '1. I~ tier Date of Award: ? (0 '19 . Arbitrator, dissents, (Insert name 1: / .~-;-) ...-// (. ,/ '<:-" ~OTICE OF ~f? ~~ --:-~~/ //i: / .y c.,'~ ,')"./ . ~> '1 / / , /. /,- / ( r r /" ENTRY OF ,WARD irman , 11 ' 0 .... Now, the I () day of ~~F'" award was entered upon the docket and parties or their attorneys. ,199',/, at9:,'i, fl.:!., notice chereof given bY-mail the above to the 4 Arbitrators' compensation to be paid upon appeal: $ ,;I, (/0. 0" By: (' +. '\J . "I' A..v\.l<.dJ' (", L-"'r-t1 H~ Prothono tary .-) I (( O~ ....O.:J...'L,I . Dcaut'l {I, " -A:J/"/ /<-1 ~/ I. 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