HomeMy WebLinkAbout98-06924
J. Failing to drive at a speed that would allow her
to stop within the assured clear distance ahead;
K. Failing to drive in a manner that would allow her
to stop within the assured clear distance ahead;
and
L. Operating her vehicle in violation of the
Pennsylvania Motor Vehicle Code, Section 3361,
"Driving Vehicle at Safe Speed" which is
negligence p~r se.
10. As a direct and proximate result of the aforesaid
accident, the Plaintiff suffered severe injuries which were
believed to be permanent as follows:
A. Neck pain;
B. Back pain.
11. As a direct and proximate result of the accident, the
Plaintiff incurred medical bills and may continue to incur
medical bills in the future.
12. As a direct and proximate result of the injuries
sustained in the accident, the Plaintiff, YVONNE WELSH, suffered
Seven Hundred Thirty-Five Dollars ($735.00) in wage loss and may
continue to incur additional lost wages in the future.
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YVONNE WELSH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
i
v.
CIVIL ACTION. LAW
OLGA H. KOSAROWICH,
Defendant
NO. 96.6924
JURY TRIAL DEMANDED
NOTICE
TO: Abel Temps
You are required to complete the following Certificate of Compliance when
producing documents or things pursuant to the Subpoena.
CERTIFICATE OF COMPLIANCE
WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
pURSUANT TO RULE 4009.23
I, Records Custodian for Abel Temps, certify to the best of my knowledge,
information and belief that all documents or things required to be produced pursuant to the
Subpoena issued on
have been produced.
DATE:
Records Custodian
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meetings with Plaintiff's counsel, and to provide information as
necessary to litigate her claim.
4. Plaintiff's counsel had several incidents where
the Plaintiff did not cooperate. In fact, Plaintiff's counsel
informed Plaintiff on more than one occasion that if she did not
cooperate he would be left with no choice but to withdraw as her
counsel.
5. The Plaintiff admitted after each lack of
cooperation that she failed or refused to cooperate, and then
indicated to her counsel that the episode would not happen
again.
6. Recently, the Plaintiff's deposition was scheduled
for May 26, 1999.
7. Plaintiff had an appointment on May 19, 1999, to
meet with her attorney, to prepare for her deposition.
S. Plaintiff did not appear for the appointment with
her attorney, nor did she call or write.with an explanation as
to why she did not attend the appointment.
9. The May 19, 1999, appointment was scheduled at
least two weeks before the apPointment and the Plaintiff was
sent a confirmatory letter.
10. After the Plaintiff did not appear for the
May 19, 1999, appointment, the Plaintiff's counsel telephoned
her twice to inquire as to why she did not appear at his office,
4
and she did not return either call left on her answering
machine.
11. The Plaintiff's counsel then sent her a certified
letter informing her that he was going to withdraw as her
attorney because she failed to cooperate.
12. The letter was sent certified letter and the
green card returned.
13. Despite warnings that Plaintiff's counsel would
be withdrawing as her attorney, the Plaintiff has not called or
written to the Plaintiff's counsel to let him know she has
retained other counsel, nor has she indicated that she objects
to the Plaintiff's counsel withdrawing.
14. Pursuant to the Pennsylvania Rules of
Professional Conduct, Rule 1.16(b) (4), a lawyer may withdraw as
counsel for a client if the client fails to substantially
fulfill an obligation to the lawyer and has been/given
reasonable warning that the lawyer will withdraw unless the
obligation is fulfilled.
15. The Plaintiff has not fulfilled the Contingent
Fee Agreement and had been given notice of the intent to
withdraw.
16. The Plaintiff's counsel believes and avers that
the Plaintiff/client has failed to cooperate in the prosecution
of the claim.
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