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AUf; 2 3 2000 of}
CUMBERLAND COUNTY. PENNSYLVANIA
No. 98-3492 Civil Term
Plaintiffs :
: CIVIL ACTION - - LAW
v.
;
Doris Jean Smyser and
Shelly Lynn Wise
:
JURy TRIAL DEMANDED
Defendants
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PRE-TRIAL CONFERENCE MEMORANDUM OF PLAINTIFFS.
JUSTIN C. PORTER and SARA J. PORTER. minors
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I. FAcrS REGARDING LIABILITY
On July 3, 1996. minor Plaintiffs Justin C. Porter and Sara J.
Porter were passengers in a car driven by Defendant. Doris Jean
Smyser. Mrs. Smyser was driving north on Zion Road, approaching
the intersection with Park Drive. Zion Road was controlled by a
stop sign.
Mrs. Smyser stopped, looked both ways, looked left
again and passed through most of the intersection when the rear
left corner of her automobile was struck by an automobile operated
by Defendant Shelly Lynn Wise. Ms. Wise was travelling east on
Park Drive at the time her car struck Mrs. Smyser's car.
II. FAcrS RRGARDING DlIMAr.:ES
Justin Porter sustained scrapes, bruises and contusions. He
sustained injuries to his mouth, including loss of three permanent
teeth and two baby teeth as a result of the accident. His jaw was
wired and his ability to eat anything but soft food was restricted
for several weeks after the accident. Because two of the permanent
teeth which he lost were his front teeth, he wears false teeth
wired into place. He has no sensation in these teeth, and cannot
bite into pizza, apples and other hard foods. He will not be able
to obtain implants until he is over age eighteen and he will never
have normal use of his front teeth. Justin Porter has a permanent
scar by the right corner of his mouth.
Sara Porter Sustained scrapes, bruises ~nd contusions. She
has a permanent scar on her face as a result of the accident. She
was treated and released from medical care on the date of the
accident.
III. PRINCIPLE ISSURS:
1. The comparative liability of the Defendants.
2. Plaintiff Justin Porter's damages.
3. Plaintiff Sara Porter's damages.
IV. PRE-TRIAL LRGAL/EVIDEN'rTARY ISSURS:
Plaintiffs seek a continuance to the next trial list in order
to avoid the expense of securing depositions of Plaintiffs expert
witnesses, pending an offer from Defendants.
AI: this date, no
offer has been made, however an offer is anticipated.
V. WITNRSSES
1. Justin Porter
2. Sara Porter
3. Doris Porter
4. Shelly Lynn Wise as on cross-examination
5. Ss-examination
Michael J. Muul, D. D. S ., by video- taped deposition, to be
scheduled
7. If necessary to prove causation of damages to Justin
Porter, Plaintiffs will call A.J. Apicella, D.D.S., M.S.,
Michael E. Andrews, D.M.D., Brian Robertson, D.D.S. and
Frederick L. Hecht, D.M,D. Plaintiffs will seek
stipulations from counsel for Defendants regarding
causation
Plaintiffs reserve the right to call further witnesses as may
be listed by the other parties hereto, and to call rebuttal
witnesses, if necessary.
VI. EXHIBITS
1. Records of all medical/dental care providers who treated
the minor Plaintiffs in connection with the accident, as
previously obtained and reviewed by Defendants' counsel.
Photographs of the automobiles, the accident scene and
Justin Porter shortly after the accident.
Plaintiffs reserve the right to list and/or present such other
further exhibits as may be listed by the other parties hereto
and those needed for rebuttal.
VII. SETI'LEMENT NEGOTIATIONS
On June 6, 2000, counsel for Plaintiffs made a settlement
demand of Forty-Five Thousand ($45,000.00) dollars for Justin
Porter and Four Thousand Five Hundred ($4500.00) dollars for Sara
Porter. Counsel for Plaintiffs notified opposing counsel that she
would be out of the country from June 14, 2000 to July 20, 2000.
On her return, she found no offer of settlement from either
Defendant and, despite several follow up communications and
promises from opposing counsel that a settlement offer would soon
be made, no offer has been received, to date. Both parties
continue to indicate that they expect to participate in a
2.
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-'-.--
IlUG 1 7 2000'
...! lU
I.AW orl'ICES
GOLDDEHO, !{ATZMAN & SHIPMAN, p.e,
o'-!o H^nKI~T S.TII~CT ~
!'nUAWIII~UUY SQUAUlt
". O. !lOX I~OIl
IIAlllfISUlJHO. l'I~NNSYLV^Nr^ 17100-120U
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Jefferson J. Shipman, Esquire
1.D. H: 51785
John R. Ninosky, Esquire
1.D. H: 78000
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P,O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
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JUSTIN C. PORTER and SARA J.
PORTER, Minors, by JERRY
PORTER and DORIS PORTER,
Their Guardians,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVF~IA
CIVIL ACTION - LAW
DORIS JEAN SMYSER and
SHELLY LYNN
NO. 89-3492
~~
JURY TRIAL DEMANDED
,
Defendants
PRE-TRIAL MEMORANDUM OF
DEFENDANT DORIS JEAN SMYSER
I. Statement of Basis Facts as to Liabilitv
This matter arises from an automobile accident which
occurred on July 3, 1996 at approximately 8:54 a.m. Defendant
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Doris Jean Smyser (hereinafter "Ms. SmyserH) was operating a 1986
Chevrolet Eurosport automobile along Zion Road near the
intersection with State Route 2003 near Mount Holly Springs
Borough. Plaintiffs were passengers in Ms. Smyser's vehicle.
Further, Doris Porter is Ms. Smyser's daughter and Justin and
Sara Porter are Ms. Smyser's grandchildren.
Defendant Shelly Wise was operating her vehicle along State
Route 2003 eastbound away from Mount Holly Springs Borough. Ms.
Smyser pulled from Zion Road into the intersection wi.th State
Route 2003 when the Wise vehicle struck the Smyser vehicle. The
vehicles impacted at the very back passenger side of the Smyser
vehicle.
The Defendants have filed cross-claims pursuant to Pa.R.C.P.
2252(d) .
II. statement of Basic Pacts as to Damaqes
Plaintiffs allege that Justin Porter has suffered damages to
his teeth which have caused the extraction of four (4) permanent
teeth and two(2) baby teeth. Plaintiffs also allege that Justin
Porter has suffered various cuts and bruises. Sara Porter
allegedly suffered abrasions and bruises.
III. Issue of Liabilitv
Whether Ms. Smyser or Ms. Wise were negligent with
regard to the happening of the accident?
IV. Issue of Damaqes
Whether the auto accident caused Plaintiffs' alleged
injuries as well as the nature and extent of the alleged
injuries?
V, Leaal Issues
None anticipated at this time.
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COMMONWEALTH OF PENNSYLVANIA
COUN'l'Y OF CUMBERLAND
JUSTIN C. PORTER and
SARA J, PORTER, Minors
by JERRY PORTER and
DORIS PORTER, their Guardians
PLAINTIFFS
'1,.3'1'1:<'-
NO. CIVIL TERM
B(?gJ5d~ E,;-
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 20952
----...
v,
DORIS JEAN SMYSER and
SHELLY LYNN WISE,
DEFENDANTS
CIVIL ACTION LAW
PRAECIPE FOR A WRIT OF SUMMONS
To The Prothonotary;
Please issue a Writ of Summons in the above captioned matter to each of the
following;
Doris Jean Smyser
402 East Old York Road
Carlisle, P A 17013
Shelly Lynn Wise
307 Sandbank Road
Mt. Holly Springs, PA 17065
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Commonwealth of Pennsylvania
County of Cumberland
Justin C. Porter and
Sara J. Porter, Minors by
Jerry Porter and
Doris Porter, their Guardians
vs
Doris Jean Smyser and
402 East Old York Road
Carlisle, Pa. 17013
Court of Common Pleas
No. _9.a"'3492.CiYiLTeIJIL___nnuuu 19____
Shelly Lynn Wise
307 Sandbank Road
Mt. Holly Springs, Pa. 17065
In __~:J-~g_!!.~~~9.!l":~SlK_______________u_m__
To. }!<?FA!'? _ q E!_C!.Q _ ~~!'?~:r_ _C!1JQ. _ pJ1~H.Y. ~YnIL !:JJ-se
You are hereby notified that
. - q'p_'!. t:!!1_ _G, - P_Q1;; ~S!~__';m9__~ggt .oJ.. _ P_Q1;tS!K.c_t:tiOW;:,6 _ by- _J e~_Pw;:teI:..and..Dm:is.. J2orJ:e!:. __
Guardians
the Plaintiff ha s commenced an action in _GiI!.tlJ&u_u__n___nu______u__u_u_nu______n___
against you which you arc required to defend or a default judgment may be entered against you.
(SEAL)
.____~_ll~If!fL_____________________________
Prothonotary
Date
June 23
By __~-~~"-t:2--2tt~~~~--------------------
Deputy
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Justin C. Porter and
Sara J. Porter, minors, by
Jerry Porter and
Doris porter, their Guardians,
No. 98-3492 Civil Term
plaintiffs
CIVIL ACTION -- LAW
v.
Doris Jean Smyser and
Shelly Lynn wise
JURY TRIAL DEMANDED
Defendants
COMPLAINT
NOW COMES the plaintiffs, Justin C. porter and Sara J.
Porter, minors, by their Guardians Jerry porter and Doris porter
and their attorney, Emily J. Leader, Esquire, and asserts this
cause of action upon the following allegations:
1.
plaintiffs, Justin and Sara porter are the minor children of
Jerry and Doris Porter, with an address at 370 Grahams Wood Road,
Carlisle, Cumberland County, Pennsylvania 17013.
2.
Defendant Doris Jean Smyser lives at 50 Bonnybrook Road, Lot
48, Cumberland county, pennsylvania.
3.
Defendant, Shelly Lynn wise lives at 307 Sandbank Road, Mt.
Holly springs, Cumberland county, pennsylvania.
4.
On July 3, 1996, Plaintiffs were passengers in a car driven by
Defendant Doris Jean Smyser (Smyser's car) .
,
similar expenses in the future.
9.
As a result of the aforementioned injuries, plaintiffs have
undergone, and in the future will undergo great physical and mental
suffering, great inconvenience in carrying out their daily
activities and loss of life's pleasures and enjoyment.
10.
Plaintiffs have both suffered permanent scarring as a result
of this accident and Justin Porter's loss of permanent teeth have
caused further permanent injury to him.
COUNT I
JUSTIN AND SARA PORTER v. SHELLY LYNN WISE
11.
The foregoing accident and the injuries sustained by
Plaintiffs are the direct and proximate result of the following
negligent, careless and reckless acts of the Defendant, Shelly Lynn
Wise as follows:
A. Failing to drive within the posted speed limit or at a
speed and in a manner which would allow her to stop within the
assured clear distance ahead;
B. Failing to have her vehicle under proper and adequate
control;
c. Failing to observe Smyser's vehicle on the highway; and
D. Permitting or allowing her vehicle to strike and collide
with the rear of Smyser's vehicle.
WHEREFORE, Plaintiffs claim damages from Defendant Shelly Lynn
Wise in an amount which exceeds the amount requiring arbitration in
'this jurisdiction, together with interest and costs of suit.
98'.096
LAW OFFICES OF RUBINATE, JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendant, Shell L nn Wise
JuSTIN C. PORTER AND SARA J. PORTER,
MINORS BY JERRY PORTER AND DORIS
PORTER, THEIR GUARDIANS,
PLAINTIFFS
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98-3492
VS.
DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANTS
CML ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Answer to
Complaint with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) and Notice are
served by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against
you by the court without further notice for any money claimed in the Answer to Complaint
with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE lHE
OFFICE SET FORlH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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98.{J96
LAW OFFICES OFRUBINATE, JACOBS & SAnA
214 Senate Avenue, Suite 503
Camp lIi11, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendant, Shell L nn Wise
JUSTIN C. PORTER AND SARA J. PORTER,
MINORS BY JERRY PORTER AND DORIS
PORTER, TIlElR GUARDIANS,
PLAINTIFFS
VS.
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98-3492
DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANTS
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy of the attached Answer of Defendant.
Shelly Lynn Wise, to Plaintiffs' Complaint with New Malter and New Matter Pursuant tQ
Pa,R.C.P.2252(d) to be selVed by regular first class mail upon:
Date: November 25. 1998
Emily J, Leader, Esquire
2623 North Second Street
Harrisburg, PA 17110
Attorney for Plaintiffs
Doris Jean Smyser
50 Bonnybrook Road, Lot 48
Carlisle, PA 17013
, )l
\
onald R. Dorer, Esquire
Attorney for Defendant, Shelly Lynn Wise
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sign at the intersection of Zion Road and Park Drive. The
remaining averments of Paragraph 5 are denied as stated.
6. Admitted.
7. Admitted in part, denied in part. It is admitted that
the Minor Plaintiffs were both taken from the scene by the
ambulance. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the remaining averments of Paragraph
7 and the same are, thereiore, denied.
8. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the averments contained in Paragraph
8 and the same are, therefore, denied.
9. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the averments contained in Paragraph
9 and the same are, therefore, denied.
10. Denied. After reasonable investigation the answering
Defendant is without sufficient knowledge or information to form
a belief as to the truth of the averments contained in Paragraph
10 and the same are, therefore, denied.
2
C. Denied, It is specifically denied that Ms. Smyser
failed to observe Wise's vehicle on the highway; and
D. Denied. It is specifically denied that Ms. Smyser
failed to yield the right-of-way at an intersection
controlled by a stop sign.
WHEREFORE, the Defendant, Doris Jean Smyser, respectfully
requests that jUdgment be entered in her favor and that the
Plaintiffs' Complaint be dismissed with prejudice.
NEW MATTER
By way of additional answer and reply, Defendant, Doris Jean
Smyser, interposes the following New Matters:
13. That the Plaintiffs have failed to state a cause of
action for which relief may be granted.
14. That the Plaintiffs' injuries and damages, in any, were
not caused by any acts, omissions or breaches of duty by
answering Defendant.
15. That if it should be found that the answering Defendant
was negligent in any manner with respect to Plaintiffs' alleged
cause of action, which is specifically denied, then in that
event, any such negligence of answering Defendant was not a
proximate cause of any damages to the Plaintiffs.
4
16. That the accident and resulting injuries were caused In
whole or in part by the negligence of third persons not presently
involved in this action.
17. That this action is subject to the provisions of the
Pennsylvania Motor Vehicle Financial Responsibility law, 75 Pa.
C.S.A. ~1701, et ?eq.
18. That the Plaintiffs' claims may be limited or barred by
the Limited Tort Option, pursuant to 75 Pa. C.S.A. ~1705.
19. That if the Plaintiffs suffered the injuries alleged in
the Complaint, those injuries may be barred by the Pennsylvania
Comparative Negligence Act, 42 Pa. C.S.A. s7102, et seq., or by
the Doctrine of Comparative Negligence.
WHEREFORE, the Defendant, Doris Jean Smyser, respectfully
requests that judgment be entered in her favor and that the
Plaintiffs' Complaint be dismissed with prejudice.
NEW MATTER PURSUANT TO PA. R.C.P. 2252(d)
20. If it is determined that the Plaintiffs are entitled to
recover any and all of the damages sought in their Complaint,
which right as to Ms. Smyser is specifically denied, then in that
event liability rests solely with Defendant, Shelly Lynn Wise,
based on the allegations set forth in the Plaintiffs' Complaint.
5
9H'()96
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendant, Shell L nn Wise
JUSTIN C. PORTER AND SARA J. PORTER,
MINORS BY JERRY PORTER AND DORIS
PORTER, TIIEIR GUARDIANS,
PLAINTIFFS
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98-3492
VS.
DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANTS
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant
herein, and that he caused a true and correct copy of the attached Answer of Defendant.
Shelly Lynn Wise, to New Matter Pursuant to Pa.R.C.P. 2252(d) to be served by regular
frrst class mail upon:
Emily J. Leader, Esquire
2623 North Second Street
Harrisburg, PA 17110
Attorney for Plaintiffs
Date: August 13. 1999
Jefferson J, Shipman, Esquire
Goldberg, Katzman & Shipman, P.C.
P.O. Box 1268
Harrisburg, PA 17108-1268
_r",NOO_{JIcsm~0L-
Donald R. Dorer, Esquire
Attorney for Defendant, Shelly Lynn Wise
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98-096
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendant, Shell L nn Wise
JuSTIN C. PORTER AND SARA J. PORTER,
MINoRS BY JERRY PORTER AND DORIS
PORTER, THEm GUARDIANS,
PLAINTIFFS
VS.
DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANTS
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IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98-3492
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this
!lu~tJ-., v ,1999, upon consideration of the
,
within Petition of Defendant, Shelly Lynn Wise, to Compel Answers to Interrogatories and
Request for Production of Documents Addressed to the Plaintiffs, a Rule is hereby issued upon
the Plaintiffs to show cause, if any they may have, as to why the relief requested in said
Petition should not be granted, with the Plaintiffs being compelled to provide full and
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day of
complete responses to the Interrogatories and Request for Production of Documents Addressed
to the Plaintiffs within thirty (30) days, fie:l:eof.
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BY TIIE COURT:
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The Defendant, Shelly Lynn Wise, filed Answer of Defendant, Shelly Lynn Wise, to
Plaintiffs' Complaint with New Matter and New Matter Pursuant to Pa.R.C.P, 2252(d) on or
about December 1, 1998, with a true and correct copy of same being attached hereto as
Exhibit "C". The Defendant, Doris Jean Smyser filed Answer to New Matter Pursuant to
Pa.R.C.P. 2252(d) on or about July 2, 1999, with a true and correct copy of same being
attached hereto as Exhibit "D".
3, Thereafter, Defendant, Doris Jean Smyser, filed Answer, New Matter and
Crossclaim of Defendant, Doris Jean Smyser on or about July 29, 1999, with a true and
correct copy of same being attached hereto as Exhibit "E",
4. Defendant, Shelly Lynn Wise, filed Answer of Defendant, Shelly Lynn Wise to
New Matter Pursuant to Pa.R.C.P. 2252(d) on or about August 13, 1999, with a true and
correct copy of same being attached hereto as Exhibit "F".
5. The Defendant, Shelly Lynn Wise served Interrogatories and Request for
Production of Documents Addressed to the Plaintiffs under cover of a letter dated May 20,
1999 by counsel for the Defendant, Shelly Lynn Wise, to counsel for the Plaintiffs. A true
and correct copy of the letter of May 20, 1999, and the enclosed Interrogatories and Request
for Production of Documents Addressed to the Plaintiffs, are attached hereto as Exhibit "G".
6. By letter dated June 25, 1999, counsel for the Plaintiffs indicated that there
would be a delay in responding to the Interrogatories and Request for Production of
Documents, previously attached hereto as Exhibit "G". A true and correct copy of the letter
dated June 25, 1999 is attached hereto as Exhibit "H".
7, By letter dated July 16, 1999, counsel for the Defendant, Shelly Lynn Wise,
inquired of counsel for the Plaintiffs as to when responses to the Interrogatories and Request
for Production of Documents served on or about May 20, 1999 may be expected, with a true
and correct copy of the letter of July 16, 1999 being attached hereto as Exhibit "I", No
.(
,.
written reply has been forthcoming from counsel for the Plaintiffs; however, a phone message
was received on August 16, 1999 from counsel for the Plaintiffs, and counsel for the Plaintiffs
indicated that the overdue discovery responses would be received within a few days,
8. The Interrogatories and Request for Production of Documents served upon the
Plaintiffs, and previously attached as Exhibit "G", are routine and appropriate written
discovery requests in a case involving a claim for personal injury allegedly arising out of a
motor vehicle collision.
9. To date, the Plaintiffs have failed to serve any responses to the Interrogatories
and Request for Production of Documents Addressed to the Plaintiffs, previously attached
hereto as Exhibit "G", nor have any objections been lodged by the Plaintiffs, or their counsel,
with regard to the aforesaid discovery requests.
10. The failure of the Plaintiffs to provide full and complete responses to the
Interrogatories and Request for Production of Documents Addressed to the Plaintiffs,
previously attached hereto as Exhibit "G", are hindering and prejudicing the ability of the
Defendant, Shelly Lynn Wises, to evaluate the merits of the claim of the Plaintiffs with regard
to either settlement opportunities, or for expeditious trial preparation.
WHEREFORE, this Honorable Court is respectfully requested to issue a Rule upon the
Plaintiffs to show cause, if any they may have, as to why the Plaintiffs should not be ordered
and compelled to provide full and complete responses to the Interrogatories and Request for
Production of Documents, previously attached hereto as Exhibit "G", within thirty (30) days
hereof, and to grant such other and further relief as may appear just to the Court under the
circumstances.
JUL, -21' 98(T~EI 09"02
CHBG SE, ,E CENTER
TEL 117263
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5.
Smyser'S car was travelling north on Zion Road and stopped for'
a stop sign at the intersection of Zion Road and Park Drive, after
which Smyser's car continued north into the intersection.
6.
A car operated by Defendant Shelly Lynn Wise (Wise's car) was
travelling east on Park Drive toward Zion Road and Wise'S car
collided with Smyser's car, striking the rear corner of Smyser'S
car with sufficient force that the car spun around over two times,
,
the trunk lid was sprung and the car was totalled.
7.
-.-
As a result of this collision, minor Plaintiffs were both
taken from the scene by ambulance. Justin Porter suffered serious
injuries, including bleeding, swelling, loss of five teeth
(including three permanent and two baby teeth) cuts, including a
lip laceration and a cut inside his mouth which together required
approximately twenty-five stitches. He required a liquid diet for
two weeks, x-rays to rule out fracture, and has permanent scarring
to his face, temporary teeth until he has reached full growth, the
need for a permanent dental bridge, as well as pain and suffering.
Sara Porter sustained serious injuries including facial abrasions
resulting in permanent scarring to her cheek, discoloration to her
left hand, blunt abdominal trauma and cervical strain as well as
pain and suffering.
8.
,4
.-
As a result of this accident, Plaintiffs incurred expenses for
medical treatment, medications and similar miscellaneous expenses
in an effort to restore their health and may be expe~ted to incur
.
similar expenses in' the future.
9.
AS a result of the aforementioned injuries, plaintiffs have
undergone, and in the future will undergo great physical and mental
suffering, great inconvenience in carrying out their daily
activities and loss of life's pleasures and enjoyment.
10.
Plaintiffs have both suffered permanent scarring as a result
of this accident and Justin Porter's loss of permanent teeth have
caused further permanent injury to him.
COUNT I
..
JUSTIN AND SARA PORTER v. SHELLY LYNN WISE
11.
The foregoing accident and the injuries sustained by
Plaintiffs are the direct and proximate result of the following
negligent, careless and reckless acts of the Defendant, Shelly Lynn
wise as follows:
A. Failing to drive within the posted speed limit or ata
speed and in a manner which would allow her to stop within the
assured clear distance ahead;
B. Failing to have her vehicle under proper and adequate
control;
C. Failing to observe Smyser's vehicle on the highway; and
D. Permitting or allowing her vehicle to strike and colliae
with the rear of Smyser's vehicle.
WHEREFORE, Plaintiffs claim damages from Defendant Shelly Lynn
wise in an amount which exceeds the amount requiring arbitration in
this jurisdiction, together with interest and costs pf suit.
,*
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.
'IN 'n\E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Justin c. porter and
Sara J. porter, minors, by
Jerry porter ana
Doris porter, their Guaraians,
:. No. 96-3492 Civil Term
plaintiffs
CIVIL ACTION - - LAW
v.
Doris Jean Smyser ana
Shelly Lynn Wise
JURy TRIAL DEMANDED
Defendants
I hereby affirm that the foregoing facts are correct: I am
the ".ll!l!/mother of the plaint,iffs in this suit. . The attached
~-
Complaint is based upon information which has been furnished to
counsel ana information which has been gathered by counsel in the
preparation of this document. The language of the complaint is
that of oounsel and not mine. I have read the complaint and to the
extent that the same is based upon information which I have given
to oounsel, it is true and correct to the ~est of my knowledge,
information and ~elief. To the extent that the content of the
complaint is that of counsel, I have relied upon counsel in making
this verification. I hereby acknowledge that the averments of fact
set forth in the aforesaid Complaint are made subject to the
penalties of 18 Pa.C.S. 84904 relating to unsworn falsification to
authorities.
Pate:
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98'()96
" LAW OmCEs OFRUDINATE, JACOIlS & SABA
214 Senate Avenue, Suite 503
Camp Hili, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Shelf, Lynn Wise
JUSTIN C. PORTER AND SARA J. PORTER,
MINORS BY JERRY PORTER AND DORIS
PORTER, TrlEm GUARDIANS,
PLAINTIFFS
IN TIlE COURT OF COMMON PLEAS
CUJl.IDERLAND COUNTY, PENNSYLVIl.J"I/IA
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No. 98-3492
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DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANTS
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JURY TRlALDEMANDED
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NOTICE
YOU HA VB 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 Answer to
Complaint with New Matter and New Malter Pursuant to Pa.R.C.p. 2252(d) and Notice are
served by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a jUdgment may be entered against
you by the court without further notice for any money claimed in the Answer to Complaint
with New Malter and New Matter Pursuant to Pa.R.C.P. 2252(d) or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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16. Paragraph 12 of Plaintiffs' Complaint is incorporated herein by reference as if set
forth in full, without admission or adoption by Defendant, Shelly Lynn Wise.
17. Defendant, Shelly Lynn Wise asserts this cross-claim pursuant to Pa.R.C.P.
2252(d) against Defendant, Doris Jean Smyser, to preserve any right to identification and/or
contribution Defendant, Shelly Lynn Wise may have with respect to Defendant, Doris Jean
Smyser.
Respectfully submitted,
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LAW OIPIer OF RUBIl~ATE, J!;CO S & SABA
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By: ~ /
Donald R. Dorer, Esquire
Attorney for Defendant, Shelly Lynn Wise
Identification No. 39126
Date: November 25. 1998
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If a response is deemed to be required, the averments contained
therein are specifically denied.
Respectfully submitted,
GOLDBERG, KATZMAN &
P.c.
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f 'on J. Shipman,
3 0 Market Street
P.O. Box 1268 .
Harrisburg, PA 17108-1268
Attorneys for Defendant, Smyser
25799.2
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C. Denied. It is specifically denied that Ms. Smyser
failed to observe Wise's vehicle on the highway; ~nd
D. Denied. It is specifically denied that Ms. Smyser
failed to yield the right-of-way at an intersection
controlled by a stop sign.
WHEREFORE, the Defendant, Doris Jean Smyser, respectfully
requests that judgment be entered in her favor and that the
Plaintiffs' Complaint be dismissed with prejudice.
4.
NEW MATTER
By way of additional answer and reply, Defendant, Doris Jean
Smyser, interposes the following New Matters:
13. That the Plaintiffs have failed to state a cause of
action for which relief may be granted.
14. That the Plaintiffs' injuries and damages, in any, were
not caused by any acts, omissions or breaches of duty by
answering Defendant.
15,. That if it should be found that the answering Defendant
was negligent in any manner with respect to Plaintiffs' alleged
cause of action, which is specifically denied, then in that
event, any such negligence of answering Defendant was not a
proximate cause of any damages to the Plaintiffs.
4
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21. That if it is determined that Plaintiffs are entitled
to recover any or illl of the damages sought in their Complaint,
which right as to Ms. Smyser is specifically denied, then in that
event Defendant, Shelly Lynn Wise, is jointly and/or severally
liable with Ms. Smyser or liable over to Ms. Smyser for
contribution and/or indemnity.
WHEREFORE, the Defendant, Doris Jean Smyser, demands
judgment against Defendant, Shelly Lynn Wise, for all sums which
may be adjudged against her in favor of Plaintiffs~ while in the
4.
alternative demands jUdgment against Shelly Lynn Wise for
contribution and/or indemnity.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
1~
25799.1
e on J. Shipman,
32 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant, Smyser
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VERIFICATION
'-
I, DORIS JEAN SMYSER, have read the foregoing Answer and
hereby affirm that it is true and correct to the best of my
personal knowledge, or information and belief. This Verification
and statement is made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities; I verify
that all the statements made in the foregoing are'true and
,-
correct and that false statements may subject me to the penalties
of 18 Pa. C.S. ~4904.
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Smyser
Doris Jean
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CERTIFICATE OF SERVICE
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I hereby certify that a copy of the foregoing document has
been duly served upon the following counsel of record by
depositing a copy of the same in the United states mail, postage
prepaid, at Harrisburg, Pennsylvania, on July 29, 1999:
Donald Dorer, Esquire
Jacobs & Saba
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Emily J. Leader, Esquire
2623 North Second Street
Harrisburg, PA 17110
..
GO RG, KATZMAN & SHIPMAN, P.C.
Je e on J. Shipman,
320 Market Street
Harrisburg, PA 17108
Attorneys for Defendant Smyser
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Exhibit F
98-09&
LAW OFFlCES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, l'A 17011
Telephone Number: (717) 731-0988
Attorneys for Defendant, Shell L nn Wise
JUSTIN C. PORTER AND SARA J. PORTER,
MINORS DY JERRY PORTER AND DORIS
PORTER, THEIR GUARDIANS,
PLAINTIFFs
IN TIm COURT OF COMMON PLEAS
CUMDERLAND COUNTY, PENNSYLVANIA
No. 98-3492
VS.
DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANTS
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS
UNDER Pa. R.C.P. 4009
ADDRESSED TO: Plaintiffs, Justin C. Porter and Sara J. Porter, Minors by Jerry
Porter and Doris Porter, their ~uardians
You are directed to produce the following documents pertaining to the incident,
OCcurrence, or accident described in Plaintiffs' Complaint for inspection and copying at the
offices ofJacobs & Saba, 214 Senate Avenue, Suite 503, Camp Hill, PA, 17011, pursuant to
Pennsylvania Rule of Civil Procedure 4009:
1. The entire contents of any and all claims and investigation files prepared in this
matter, however labeled, excluding references to mental impressions, conclusions or opinions
representing the value or merit of the claim or defense, or respecting strategies or tactics in
privileged communications from counsel.
2. All statements, memoranda, or writings, whether signed or unsigned, of any and al1
witnesses, including any and all statements, memoranda, and writings of Plaintiff.
3. All photographs, recordings, films, charts, sketches, graphs and diagrams taken
and/or prepared.
..
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1. PERSONAL INFORMATION:
PLEASE PROVIDE TIIE FOLLOWING INFORMATION FOR EACII PLAINTIFF INVOLVED IN.
TillS ACTION:
(A) FuLL NAME AND ANY PRIOR NAMES USED FROM TIIE mlE OF TIIE INCIDENT FOR
WHICH TIllS ACTION IS DROUGIIT.
(D) CURRENT ADDRESS AND ANY PRIOR ADDRESSES USED FROM THE mlE OF THE INCIDENT
.'.
FOR WHICH TllJS ACTION IS DROUGHT.
(C) DATE OF BIRTH.
(D) SOCIAL SECURITY NUMBER.
..
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4. HEALTH CARE PROVIDERS:
IDENTIFY EACH HEALTH CARE PROVIDER WHO HAS EXAMINED, TREATED OR RENDERED
SERVICES TO EACH PLAINTIFF BECAUSE OF THIS INCIDENT, INCLUDING TIlE DATES OF SUCD
SERVICES AND TIlE CHARGES FOR SAME.
~-
S. MEDICAL EXPENSES AND INSURANCE PAYMENTS:
STATE TIlE TOTAL AMOUNT OF MEDICAL EXPENSES INCURRED BY EACH PLAINTIFF
THAT RELATES TO THIS INCIDENT, THE AMOUNT COMPENSATED BY FOOT PARTY BENEFITS, ,
THE AMOUNT, IF ANY, SUBJECT TO A LIEN OF ANY SORT, TIlE IDENTITY (INCLUDING TIlE
NAME, ADDRESS, AND POLICY NUMBER) OF ANY LIENHOLDER, AND TIlE AMOUNT CLAIMED TO
BE RECOVERABLE AT TRIAL.
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6. TERMINATION OF MEDICAL SERVICES: ,
WHEN AND BY WIIO~1 WAS EACH PLAINTIFF LAST EXAMINED OR GIVEN MEDICAL
ATTENTION FOR TIlE INJURIES RECEIVED IN TIIIS INCIDENT?
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7. CONTINUATION OF MEDICAL SERVICES:
IF THE PLAINTIFF IS STILL BEING TREATED FOR THE INJURIEs RECEIVED IN THIS
INCIDENT, IDENTIFY BY WHOM AND STATElIOW FREQUENTLY SUCH TREATMENTS ARE BEING
GIVEN NOW, THE NATIlRE OF THE TREATMElIiT BEING ADl\fiNISTERED, AND THE EXTENT TO
WHICH TREATMENT WILL BE REQUIRED IN THE FUTURE.
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~-
15. WITNESSES:
IDENTIFY ANY WITNESS WIIO lIAS ANY KNOWLEDGE 01' OR INFORJlfATION AS TO TIlE .
FACTS PERTAINING TO TillS INCIDENT. ALSO I>ROVIDE A SUMMARY 01' TilE INF'ORMATION
WillCn EACH WITNESS liAS CONCERNING TIllS INCIDENT.
'.
16. EXPERT WITNESSES:
IDENTIFY ALL EXPERTS WHO ANY PLAINTIFF EXPECTS TO CALL AT THE TRIAL OF THIS
CASE, AND PURSUANT TO PAR.C.P. 4003.5(A)(1)(B), STATE TIIE SUBSTANCE OFTIIEFACTS,
AND OPINIONS TO WmCH ANY PLAINTIFF's EXPERT WILL TESTIFY AND TIIE SUMMARy OF THE
GROUNDS FOR EACH OPlNION. THE FACTS, OPINIONS AND GROUNDS OF TIIE EXPERT MAY BE
CONTAINED IN AN EXPERT REPORT WillCH MAY BE AlTACaED. SUCH REPORT OR ANSWER TO
THIS INTERROGATORY SHOULD BE SIGNED BY ANY PLAINTIFF'S EXPERT.
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JACOBS & SABA
TDD (800) 622.2421
(NOT A PARTNERSlllr)
214 SENATE AVEN1JE
SUITE 503
CAMP HILL. PA 17011
(717)731.0988
FA'" (717)731-0987
DONALD R. DORF.R
W. DARREN POWELL
AnORNEVS
RICIIARD L. JACOBS
WARRENDALE, PA
CEORGE E. SAD..... JR.
KINGSTON, PA
REfER To: 98-096
July 16, 1999
Emily 1. Leader, Esquire
2623 North Second Street
Harrisburg, PA 17110
Re: lustin C. Pprter and Sara 1. Porter, Minors by lerry Porter,and Doris Porter,
their guardians vs. Doris lean Smyser and Shelly Lynn Wise
Cumberland County: No. 98-3492 Civil Tenn
Dear Emily,
This is in follow up to yourletter ofJune 25, 1999.
Consistent with the contents of your letter, my office has been in contact with your
office for the pUIJlose of rescheduling the party depositions postponed from lune 25, 1999 for
a date in late August, 1999, with the last date under discussion being August 25, 1999. Your
cooperation in responding back to Ms. Kauffman of my office in this regard would be most
appreciated.
Additionally, I am requesting that you promptly supply the Plaintiffs' long overdue
Answers to Defendant Wise' Interrogatories and Request for Production of Documents served
upon you on or about May 20, 1999 by August 15, 1999, or I will me an appropriate Motion
to Compel with the Court.
Thahk you for your attention.
/ /~iJiz? rely yours,.._. ..'
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DRD:dek
c: Jefferson J. Shipman, Esquire
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LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendant, Shell Lynn Wise
JuSIlN C. PORTER AND SARA J. PORTER,'
MINORS BY JERRY POR1ER AND DORIS
PORTER, THEIR GUARDIANS,
PLAINTIFFS
VS., ,
DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANTS
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNSYLVANIA
No. 98-3492
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CIVIL ACIlON - LAW
JURY TRIAL DEMANDED
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PETITION OF DEFENDANT, SHELLY LYNN WISE, TO COMPEL
ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION
OF DOCUl\fENTS ADDRESSED TO THE PLAlNTIFFs
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AND NOW, comes the Defendant, Shelly Lynn Wise, who through her counsel
Donald R. Dorer, Esquire, Jacobs & Saba, Camp Hill, Pennsylvania, respectfully states as
follows:
1. The above referenced matter was commenced by the filing of a Writ of
Summons on or about June 23, 1998, with a true and correct copy of same being attached
hereto as Exhibit" A" .
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2. Thereafter, a Complaint was fIled on behalf of the Plaintiffs on or about
November 7, 1998, with a true and correct copy of same being attached hereto as Exhibit liB".
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The Defendant, Shelly Lynn Wise, filed Answer of Defendant, Shelly Lynn Wise, to
Plaintiffs' Complaint with New 'Malter and New Malter Pursuant to Pa.R.C.P. 2252(d) on or . ,.,.
about December I, 1998, with a true and correct copy of same being attached hereto as
Exhibit "C". The Defendant, Doris Jean Smyser filed Answer to New Matter Pursuant to
Pa.R.C.P. 2252(d) on or about July 2, 1999, with a true and correct copy of same being
attached hereto as Exhibit "D".
"
3. Thereafter, Defendant, Doris Jean Smyser, med Answer, New Matter and
':.
Crossclaim of Defendant, Doris Jean Smyser on or about July 29, 1999, with a true and
correct copy of same being attached hereto as Exhibit "E".
4. Defendant,' Shelly Lynn Wise, med Answer of Defendant; Shelly Lynn Wise to
New Matter Pursuantto Pa.R.C.P. 2252(d) on or about August 13, 1999, with a true and
correct copy of same being attached hereto as Exhibit "F".
5. The Defendant, Shelly Lynn Wise served Interrogatories and Request for
Production of Documents Addressed to the Plaintiffs under cover of a letter dated May 20,
1999 by counsel for the Defendant, Shelly Lynn Wise, to counsel for the Plaintiffs. A true
and correct copy of the letter of May 20, 1999, and the enclosed Interrogatories and Request
for Production of Documents Addressed to the Plaintiffs, are attached hereto as Exhibit "G". '
, 6. By letter dated June 25, 1999, counsel for the Plaintiffs indicated that there
would be a delay in responding to the Interrogatories and Request for Production of
Documents, previously attached hereto as Exhibit "G". A true and correct copy of the letter
dated June 25, 1999 is attached hereto as Exhibit "H".
--
7. By letter dated July 16, 1999, counsel for the Defendant, Shelly Lynn Wise, ~~
inquired of counsel for the Plaintiffs as to when responses to the Interrogatories and Request
for Production of Documents served on or about May 20, 1999 may be expected, with a true
and correct copy of the letter of July 16, 1999 being attached hereto as Exhibit "I". No
. .
"
written reply has been forthc'oming from counsel for the Plaintiffs; however, a phone message
was received on August 16, 1999 from counsel for the Plaintiffs, and counsel for the Plaintiffs'"
indicated that the overdue discovef'; responses would be received within a few days.
8. The Interrogatories and Request for Production of Documents seIVed upon the
Plaintiffs, and previously attached as Exhibit "G", are routine and appropriate written
discovery requests in a case involving a claim for personal injury allegedly arising out of a
motor vehicle collision.
9. To date, the Plaintiffs have failed to seIVe any responses to the Interrogatories
and Request for Production of Documents Addressed to the Plaintiffs, previously attached
,
hereto as Exhibit "G" ;-nor have any objections been lodged by the Plaintiffs, or their counsel,
with regard to the aforesaid discovery requests.
10. The failure of the Plaintiffs to provide full and complete responses to the
Interrogatories and Request for Production of Documents Addressed to the Plaintiffs,
previously attached hereto as Exhibit "G", are hindering and prejudicing the ability of the
Defendant, Shelly Lynn Wises, to evaluate the merits of the claim of the Plaintiffs with regard
to either settlement opportunities, or for expeditious trial preparation.
WHEREFORE, this Honorable Court is respectfully requested to issue a Rule upon the
Plaintiffs to show cause, if any they may have, as to why the Plaintiffs should not be ordered
and compelled to provide full and complete responses to the Interrogatories and Request for
Production of Documents, previously attached hereto as Exhibit "G", within thirty (30) days
hereof, and to grant such other and further relief as may appear just to the Court under the ~
circumstances. .
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appear just to the Court under the circumstances.
Respectfully submitted,
LAW OFFICES OF JACOBS & SABA
" ..../ //
By:' .. U
l/ onald R. Dorer, Esquire
Attorney for Defendant, Shelly Lynn Wise
Identification No. 39126
Date: November 23. 1999
98'()96
"
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne s for Defendant, Shell Lynn Wise
JUSTIN C. PORTER AND SARA J. PORTER,
MINORS BY JERRY PORTER AND DORIS
PORTER, THEIR GUARDIANS,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 98-3492
VS.,
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DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANTS
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
,..,
PETITION OF DEFENDANT, SHELLY LYNN WISE, TO COMPEL
ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION
OF DOCUMENTS ADDRESSED TO THE PLAINTIFFs
--
AND NOW, comes the Defendant, Shelly Lynn Wise, who through her counsel
Donald R. Dorer, Esquire, Jacobs & Saba, Camp Hill, Pennsylvania, respectfully states as
follows:
1. The above referenced matter was commenced by the filing of a Writ of
Summons on or about June 23, 1998, with a true and correct copy of same being attached
hereto as Exhibit "A".
2. Thereafter, a Complaint was med on behalf of the Plaintiffs on or about
November 7, 1998, with a true and correct copy of same being attached hereto as Exhibit "B".
n
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The Defendant, Shelly Lyn'n Wise, filed Answer of Defendant, Shelly Lynn Wise, to
-.
Plaintiffs' Complaint wilh New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) on or "
about December 1, 1998, with a true and correct copy of same being attached hereto as
Exhibit "C". The Defendant, Doris Jean Smyser filed Answer to New Matter Pursuant to
Pa.R.C.P. 2252(d) on or about July 2, 1999, with a true and correct copy of same being
attached hereto as Exhibit "D".
3. Thereafter, Defendant, Doris Jean Smyser, fIled Answer, New Matter and
Crossclaim of Defendant, Doris Jean Smyser on or about July 29, 1999, with a true and
correct copy of same being attached hereto as Exhibit "E".
4. Defendant; Shelly Lynn Wise, fIled Answer of Defendant; Shelly Lynn Wise to
New Matter Pursuantto Pa.R.C.P. 2252(d) on or about August 13, 1999, with a true and
correct copy of same being attached hereto as Exhibit "F".
5. The Defendant, Shelly Lynn Wise served Interrogatories and Request for
Production of Documents Addressed to the Plaintiffs under cover of a letter dated May 20,
1999 by counsel for the Defendant, Shelly Lynn Wise, to counsel for the Plaintiffs. A true
and correct copy of the letter of May 20, 1999, and the enclosed Interrogatories and Request
for Production of Documents Addressed to the Plaintiffs, are attached hereto as Exhibit "G".
, 6. By letter dated June 25, 1999, counsel for the Plaintiffs indicated that there
would be a delay in responding to the Interrogatories and Request for Production of
Documents, previously attached hereto as Exhibit "G". A true and correct copy of the letter
dated June 25,1999 is attached hereto as Exhibit "R".
7. By letter dated July 16, 1999, counsel for the Defendant, Shelly Lynn Wise, ,,~
inquired of counsel for the Plaintiffs as to when responses to the Interrogatories and Request
for Production of Documents served on or about May 20, 1999 may be expected, with a true
and correct copy of the letter of July 16, 1999 being attached hereto as Exhibit "I". No
written reply has been forthcoming from counsel for the 'Plaintiffs; however, a phone message
was received on August 16, 1999 from counsel for the Plaintiffs, and counsel for the Plaintiffs'
indicated that the overdue discovery responses would be received within a few days.
8. The Interrogatories and Request for Production of Documents selVed upon the
Plaintiffs, and previously attached as Exhibit "G". are routine and appropriate written
discovery requests in a case involving a claim for personal injury allegedly arising out of a
motor vehicle collision.
9. To date, the Plaintiffs have failed to sen'e any responses to the Interrogatories
and Request for Producti~n of Documents Addressed to the Plaintiffs, previously attached
hereto as Exhibit "G';; nor have any objections been lodged by the Plaintiffs, or their counsel,
with regard to the aforesaid discovery requests.
10. The failure of the Plaintiffs to provide full and complete responses to the
Interrogatories and Request for Production of Documents Addressed to the Plaintiffs,
previously attached hereto as Exhibit "G", are hindering and prejudicing the ability of the
Defendant, Shelly Lynn Wises, to evaluate the merits of the claim of the Plaintiffs with regard
to either settlement opportunities, or for expeditious trial preparation.
WHEREFORE, this Honorable Court is respectfully requested to issue a Rule upon the
Plaintiffs to show cause, if any they may have, as to why the Plaintiffs should not be ordered
and compelled to provide full and complete responses to the Interrogatories and Request for
Production of Documents, previously attached hereto as Exhibit "G", within thirty (30) days
hereof, and to grant such other and further relief as may appear just to the Court under the
circumstances.
"t
"
Respectfully submitted, r
LAW OFFICES OF JA
~
onaId R. Dorer, Esquire
Attorney for Defendant, Shelly Lynn Wise
Identification No. 39126
Date: August 20. 1999
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LAW OmCES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorne 's for Defendant, Shelly Lynn Wise
JuSTIN C. PORTER AND SARA J. PORTER,
MINORS BY JERRY PORTER AND DORIS
PORTER, TIIEIR GUARDIANS,
PLAINTIFFS
No. 98-3492
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IN THE COURT OF COMMON PI;EAs '.",
CUJ\ffiERLAI'ID COUNTY, PENNSYi:y~
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VS.
DORIS JEAN SMYSER AND SHELLY LYNN
WISE, DEFENDANrS
CIVIL AcTION - LAW
JURY TRIAL DEMANDED
'.
PETITION OF DEFENDANT, SHELLY LYNN WISE,
TO MAKE RULE ABSOLUTE WITH REGARD TO PETITION TO COMPEL
PLAINTIFFS' DISCOVERY RESPONSES
AND NOW comes the Defendant, Shelly Lynn Wise who, through her counsel,
Donald R. Dorer, Esquire, Jacobs & Saba, Camp Hill, Pennsylvania, respectfully states as
follows:
1. Petition of Defendant, Shelly Lynn Wise, to Compel Answers to Interrogatories
and Request for Production of Documents Addressed to the Plaintiffs, was fIled with this
Honorable Court on or about August 23, 1999. A true and correct copy of said Petition, less
exhibits referred to therein, is attached hereto as Exhibit "A" for the reference pUIposes of this
Honorable Court.
2. This Honorable Court issued a Rule to Show Cause dated August 30, 1999 upon
the Plaintiffs to show cause, if any they may have, as to why the requested Petition of
Defendant, Shelly Lynn Wise to Compel Ans\yers to Interrogatories and Request for
Production of Documents Addressed to the Plaintiffs should not be granted, with an Answer
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RUl.E ',009.22' F
IN TilE MATTER OF:
COURT OF COHMON PLEAS
JUSTIN C.& SARA J. PORTER. ET AL (AUTO)
TERM,
o
-VS-
CASE NO: 98-3492
DORIS JEAN SMYSER, ET AL
- WISE
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of DONALD R. DORER. ESQUIRE
defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena. is
attached to the certificate,
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 02/10/2000
if~~~# () ~
DONALD R. DORER, ESQUIRE
Attorney for DEFENDANT
DEll-160745 18723 -LOJ..
COMMONvVEAL TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JUSTIN C. PORTER AND SARA J. PORTJ>R, MINORS
BY JERRY POR'l'J>R AND DORIS PORTER, TIIEIR
GUARDIANS
File No.' 98-3492
VS.
DORIS JEAN SMYSER AND SHELLY LYNN WISE
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:CUSTODIAN OF RECORDS FOR: DONALD KOVACS, M.D.
(r-.:ame DC Per30n or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or
things: SEE ATTACHED
at THE MCS GROUP,INC., 1601 MARKET STREET SUITED 800 PHILAoELPHIA,PA.19103
(Address)
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 sough!.
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 THE FOLLOWING PERSON:
NAME: DONALD DORER, ESQUIRE
ADDREss:214 SENATE AVF.NTm !:TEII ~01
CAMP HILL,PA. 17011
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
A TIORNEY FOR: THE DEFENDANT
DATE: 14/71
(/
/9, ,1()Qu
,
Seal of the Court
(Eff. 7/97)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
IN THE P~TTER OF:
COURT OF COHMON PLEAS
JUSTIN C. & SARA J. PORTER, ET AL (AUTO)
TEm,
o
-VS-
CASE NO: 98-3492
DORIS JEAN SMYSER&SHELLY LYNN .~SE-.~SE
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
FREDERICK L. HECHT, D.H.D.
MICHAEL J. MUUL, D.D.S.
DR. APICELLA
CARLISLE HOSPITAL
MICHAEL E. ANDREWS, D.H.D.
BRIAN ROBERTSON, D.D.S.
DONALD KOVACS, M.D.
MEDICAL
MEDICAL
MEDICAL
MEDICAL
MEDICAL
MEDICAL
MEDICAL
TO: EMILY J. LEADER, ESQUIRE
JEFFERSON J. SHIPMAN, ESQUIRE
HCS on behalf of DONALD R. DORER, ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have twenty (20)
days from the date listed below in which to file of record and serve upon tbe
undersigned an objection to the subpoena. If no objection is made tbe subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. Complete copies of any reproduced records may be ordered at your
expense by completing the attached counsel card and returning same to MCS or
by contacting our local HCS office.
DATE: 01/21/2000
MCS on behalf of
DONALD R. DORER, ESQUIRE
Attorney for DEFENDANT
CC: DONALD R. DORER, ESQUIRE
ANNETTE LONG
- 98-096
Any questions regarding this matter. contact
THE MCS GROUP INC.
1601 MARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-112274 lB724-C03
COMMON''\'EALTI-I or PENNSYLVANIA
COUNTY or CUMBERLAND
JUSTIN C. PORTER AND SARA J. PORTER,HINORS jlY
JERRY PORTER AND DORIS PORTER, TIIt:IR GUARIJIANS
VS.
File :\0.
, 98-3492
DORIS JEAN SMYSER AND SHELLY LYNN WISE
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR:MICHAEL J. MUUL, D.D.S. ,MILLER ORAL SURGERY
(Same o( Person or Entity)
W~lhin twenty (20) days after service of this '!ilflaA~IrA~tl~be ordered by the court to produce the following dacumenlS or
thIngs:
al THE MCS GROUP. INC.. 1601 MARKET STREET SUTTEI/800 PRn.ADm.PATA PA lQl01
(Addres~l
)'au may deliver or mail legible copies of the documents or produce things requested by this subpoena. lagether with the
certificate of compliance. 10 the party making this request althe address listed above. )'au 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, ......ithin t.....enty (20) days after its service, the part)'
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: DONALD DORER, ESQUIRE
ADDRESS: 214 SENATE AVENUE STEU 503
CAMP HILL,PA. 17011
TELEPHO:-iE: (215) 246-0900
SUPREME COURT ID #:
ATfOR!\'EY FOR: THE DEFENDANT
DATe JIM 10 1 ;XYD
Seal of the Court
(Eff. 7/97)
.7
CER1'IFICATf:
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RUU; ',009.22' P
IN TilE HATTER OF:
JUSTIN C. & SARA J. PORTER, ET AL (AUTO)
COURT OF COMMON PLEAS
TERM,
o
-VS-
DORIS JEAN SHYSER&SIlELLY LYNN WISE-WISE
CASE NO: 98-3492
As a prerequisite to service of a subpoena for docuwents and things pursuant
to Rule 4009.22
MCS on behalf of DONALD R. DORER, ESQUIRE
defendant certifies that
(1) A notice of intent to serve the subpoena with a COpy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to the certificate.
(3) No objection to the subpoena has been received, and
(4) The subpoena which wiIl be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 02/10/2000
DONALD R. DORER, ESQUIRE
Attorney for DEFENDANT
DEll-160749 :t: B 724 - L 0 4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
III THE P.~TTER OF:
COURT OF COMMON PLEAS
JUSTIII C. & SAP~ J, PORTER, ET AL (AUTO)
TEPJ-l,
o
-\'5-
CASE 110: 98-3492
DORIS JEAII SMYSER&S~E!.LY LYllN IHSE-.'ISE
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
FREDERICK L. HECHT, D.H.D.
MICHAEL J. MUUL, D.D.S.
DR. APICELLA
CARLISLE HOSPITAL
MICHAEL E. ANDREWS, D.H.D.
BRIAN ROBERTSON, D.D.S.
DONALD KOVACS, H.D.
MEDICAL
MEDICAL
MEDICAL
MEDICAL
MEDICAL
MEDICAL
MEDICAL
TO: EMILY J. LEADER, ESQUIP~
JEFFERSON J. SHIPMAN, ESQUIRE
HCS on behalf of DONALD R. DORER. ESQUIRE intends to serve a subpoena
identical to the one that is 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 subpoena. If no objection is made the subpoena
may be served pursuant to the applicable pennsylvania Rules of Civil Procedure
4009.24. Complete copies of any reproduced records may be ordered at your
expense by completing the attached counsel card and returning same to HCS or
by contacting our local HCS office.
DATE: 01/21/2000
HCS on behalf of
DONALD R. DORER, ESQUIRE
Attorney for DEFENDANT
CC: DONALD R. DOP~R, ESQUIRE
ANNETTE LONG
- 98-096
Any questions regarding this matter, contact
THE HCS GROUP INC.
1601 HAPJKET STREET
1800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-1l2274 18724-C03
EXlJIANATION OF REQUIREI> RECORDS
TO: CUSTODIAN OF RECORDS FOR:
MICHAEL E. ANDREWS, D.M.D.
BELVEDERE MEDICAL CENTER
850 WALNUT BOTroM RD
CARLISLE, PA 17013
RE: 18724
JUSTIN PORTER
Any and all rcrords, roITespondcncc, files and memorandums, handwriucn
notcs, billing and payment rcrords, relating to any cxamination,
ronsuItation, carc or trcatmcnt.
Dates Requested: up to and including the prescnt.
Subject: JUSTIN PORTER
370 GRAIlAMS WOODS ROAD, CARUSLE, PA 17013
Social Security #: 203-66-0963
Date of Birth: 11-23-1985
SU10-231576 lB724-L05
~ ,._"..._...~, .... ..o<.._.,......~."'...,..
COMMON\'\'EAL TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
JUSTIN C. PORTER AND SARA J. PORTER,HINORS BY
JERRY PORTER AND DORIS PORTER, THEIR GUARDIANS
VS.
I 98-3492
FileNo,
DORIS JEAN SMYSER AND SHELLY LYNN WISE
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
CUSTODIAN OF RECORDS FOR: DONALD KOVACS,M.D.
TO:
(Same o( Per!ion or En"!)'}
Within twenty (20) days oiler service of this subpoena, you are ordered by the court to produce the following dacumenls or
things: <:"" ^TI^MWn
THE HCS GROUP, INC., 1601 MARKET STREET SUITEU800 PHlLADELPHIA,PA.I9103
al
(Addre!l~)
You may deliver or mail legible copies of the documents or produce Ihings requested by this subpoena, lagether with the
certificate of compliance, to the party making this request althe address listed above. You have the right 10 seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or Ihings required by this subpoena, within twenty (20) days after its sel\'ice, the part)'
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO\VING PERSON:
DONALD DORER, ESQUIRE
~AME:
214 SENATE AVENUE STEU 503
ADDRESS:CAUP HILL,FA. 17611
lZl:>) Z4b-U~UU
TELEPHO!'\E:
SUPREME COURT lD #:
'l'tili VMeNVANT
ATIORNEY FOR:
DA"jOA'L /q ;JOQG
BY THE COURT'
- ,
Protho otary/Clerk.. Ci\'il Divi~
11J17J~. L~;J0AY')
Seal of the Court
(Eff.7!97].
7. Proof of the deposit of the funds as set forth in this
Order shall be filed of record by Jerry and Doris Porter within
seven days of receipt of the settlement proceeds.
BY THE COURT:
/-1-:
DO
~'
t' ~.\ ~
IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA
Justin C. Porter and
Sara J. Porter, minors, by
Jerry Porter and
Doris Porter, their Guardians,
Plaintiffs
No. 98-3492 Civil Term
CIVIL ACTION -- LAW
v.
Doris Jean Smyser and
Shelly Lynn Wise
JURY TRIAL DEMANDED
Defendants
PETITION FOR APPROVAL OF MINORS' SETTLEMENT
AND NOW, to wit, this ___ day of September, 2000, comes the
Plaintiffs, Justin C. Porter and Sara J. Porter, minors, by their
parents and natural guardians, Jerry Porter and Doris Porter, who
petition this Honorable Court to approve a settlement in favor of
the minor Plaintiff in the above-captioned case.
thereof, petitioner represents as follows:
In support
1. Minor Plaintiff, Justin C. Porter, born November 23, 1985
is the son of Jerry and Doris Porter.
2. Minor Plaintiff, Sara J. Porter, born February 5, 1989 is
the daughter of Jerry and Doris Porter.
3. On July 3, 1996, Justin and Sara Porter were passengers in
a car, driven by their grandmother, Doris Smyser. As Mrs. Smyser
approached an intersection at the corner of Zion Road and Park
Drive, she states she pulled to a complete stop at the stop sign
which controls Zion Road, looked left, right and left again, saw no
oncoming cars from either direction, and proceeded through the
intersection.
Shelley Lynn Wise was approac~ing the same
intersection from Park Drive. Her way was not controlled by a stop
sign at this intersection.
Ms. Wise drove through the
intersection, hitting the left back fender of Mrs. Smyser's car,
injuring only the two minor children who were the passengers in the
back seat. Neither Mrs. Smyser nor her daughter, Doris Porter,
were injured. Both rninnr children were thrown about the car and
~
both sustained injuries requiring treatment at Carlisle Hospital
Emergency Room.
4. As a direct result of this accident, Justin C. Porter has
a permanent scar by the right corner of his mouth. He lost his two
permanent front teeth and currently wears false teeth wired into
his mouth. He lost a third permanent tooth at the time of the
accident and two baby teeth.
Almost three years after the
accident, a fourth permanent tooth was pulled due to trauma from
the accident. Justin C. Porter required twenty-five stitches in
his mouth and was limited to a liquid diet for some weeks after the
accident. He has two false teeth wired into his mouth and will not
be eligible to receive more permanent implants until he is eighteen
years old. From the time the initial swelling from the accident
subsided and continuing thereafter, he is unable to eat any foods,
such as slices of pizza or whole apples, which require that he
bite down with his front teeth.
He was receiving orthodontic
treatment at the time of the accident and the accident has changed
the course of that treatment. He also suffered, cuts, scrapes and
bruises as a result of the accident. At age eighteen, he expects
to have the oral surgeon insert permanent implants to replace the
temporary false teeth he currently uses, at a cost of approximately
$3500.00.
5. Except for the implants, Justin C. Porter has recovered as
fully as he is expected to recover from the injuries he sustained
in this. accident and he requires no further medical or dental
treatment in connection with the injuries he sustained in the
accident.
6. Sara J. Porter was cut on her right cheek and she suffered
cuts, scrapes and bruises as a result of the accident. She has a
visible permanent scar on her right cheek. She recovered from all
of her injuries other than the scar within two weeks of the
accident and she is not expected to require any further medical or
dental treatment in connection with the injuries she sustained in
the accident.
7. All medical and dental bills incurred to date in
connection with the injuries sustained by the minor plaintiffs have
been paid through first party automobile insurance.
8. Defendant Doris Smyser is insured with Erie Insurance
Company and Defendant Shelley Lynn Wise is insured with Nationwide
Insurance Company.
9. Petitioners have received an offer of direct reimbursement
to their attorneys of their out of pocket costs in the total amount
of $469.68 and additional compensation in the amount of $26,700.00
for a full release of the Minor Petitioner's claim for the injuries
sustained in this accident.
10. Petitioners have agreed to accept this offer, subject to
approval by this Honorable Court, and believe this offer to be
fair, just and reasonable considering the damages incurred and the
legal issues involved.
11. Petitioners have entered into a contingent fee
arrangement with Andrea Jacobsen with the law firm of Jacobsen and
Milkes, providing for payment of attorneys' fees of 25% of the
total amount recovered in this action, and further agreed that
Attorney Jacobsen and Attorney Emily J. Leader may share this fee
as they see fit, provided the total fees payable to them do not
exceed 25% of the proceeds of this settlement.
CERTIFICATION OF SERVICE
I, Emily J. Leader, Esquire, 2623 North Second Street,
Harrisburg, Pennsylvania 17110, hereby certify that I have, on
the date below written, served a true and correct copy of the
foregoing by Petition, addressed to the party or attorney of record
as follows:
Donald R. Dorer, Esquire
Law Offices of Jacobs & Saba
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P.C
P.O. Box 1268
Harrisburg, PA 17108-1268
DATE: September 13, 2000
'.
(/
r, Esquire
(717) 238-0336
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JUSTIN C. PORTER and SARA J.
PORTER, Minors, by JERRY
PORTER and DORIS PORTER,
Their Guardians,
PlaintiffS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
".J.... ''',,,
cry' :) I I.^
no. "&9-3492
DORIS JEAN SMYSER and
SHELLY LYNN WISE,
Defendants
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
PLEASE mark the above-caption matter settled and
discontinued.
DATE:
/0131/0,)
I
~o
Andrea paco sen, Esquire
52 Eas t'--H-' gh Street
Carlisle, PA 17013
Attorney for Plaintiff
25771. 2