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Home My WebLink About00-06958 - , '--,,), -'0<- " '" -~-',-:, , - <,' ..... ... STEPHEN R. PEDERSEN, Esq. Attorney LD. No. 72026 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 Attorney for Plaintiff: JOHNNIE CARTER JOHNNIE CARTER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. QUINTON VANCE, Defendant. NO. 2000-6958 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PROPOSED POINTS FOR CHARGE Plaintiff's Proposed Points for Charge are the following, according to the Pennsylvania Suggested Standard Civil Jury Instructions: 2.21 (Civ) 5.04 (Civ) Impeachment Of A Party, Or A Party's Own Witness Conflicting Testimony 5.07 (Civ) Part III. Failure To Call A Witness Circumstantial Evidence v/'/ -v-- 5.06 (Civ) 5.33 (Civ) Weighing Conflicting Expert Testimony 5.50 (Civ) Burden Of Proof 6.00 (Civ) Damages 6.01 (Civ) Injuries To Adult Not Resulting In Death ~, I ~ ' _, _c' I ~j ~<": '?- ~, "'- 6.01C (Civ) Past Lost Earnings And Lost Earning Capacity 6.0lD (Civ) Future Loss Of Earnings And Lost Earning Capacity 6.01E (Civ) Past Pain And Suffering 6.01F (Civ) Future Pain And Suffering 6.0lG (Civ) Embarrassment And Humiliation 6.0lH (Civ) Disfigurement 6.01I (Civ) Enjoyment Of Life 6.23 (Civ) Preexisting Injuries 20.00 (Civ) Concluding Instructions ,,,-,,- Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendant: QUINTON VANCE JOHNNIE CARTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6958 CIVIL ACTION - LAW QUINTON VANCE, Defendant JURY TRIAL DEMANDED REOUESTED JURY INSTRUCTIONS OF DEFENDANT.OUINTON VANCE Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ;;;:-- ~ STEPHEN E. GEDULDIG, ESQUI~ Attorney I.D. No. 43530 dL~G '- Attorneys for Defendant, Quinton Vance -'.' ^~ - -~ '"", , " ",,-j;; '-> .,~< ~" """,~ [,.,~ , "'~";."., -;:,"'NJ' --;"""",h,-~_'",.'" I , , -. '4';,~ DEFENDANT'S REOUESTED POINT FOR CHARGE NO.1 After reviewing the law and the testimony at evidence in the light most favorable to the Plaintiff, you are directed to find that the evidence is insufficient to support a verdict against Defendant, Quinton Vance, and you are hereby directed to enter a verdict in his favor. ~ Highland Tank and Manufacturing Company v. Duerr, 423 Pa. 487, 225 A.2d 83 (1966); Kuisis v. Baldwin-Lime-Hamilton Corp., 457 Pa. 321, 319 A.2d 914 (1974). 2 ~--" ~".I' -J ',.. _'", '-, _,".'~' . 1"--,,, '-~,'''d_l',.-i- ,"""';'" -,- ""u,,~_,~,' -,,,,",J ,,~ -~"'''~'''' J- 'I DEFENDANT'S REOUESTED POINT FOR CHARGE NO.2 Defendant, Quinton Vance, would request that this Honorable Court charge on the following Pennsylvania Suggested Standard Civil Jury Instructions: ~2.05 - Deposition Testimony ~2.2l - Impeachment of party by prior inconsistent statement ~3.00 - Cases Issues ~3.25 - Legal Cause ~5.04 - Conflicting Testimony ~5.30 - Expert Testimony - Credibility Generally ~5.3l - Expert Testimony - Basis for Opinion and Generally ~5.32 - Hypothetical Questions ~5.50 - Burden of Proof ~6.23 - Pre-Existing Injuries c/ 3 ,-~' ," '---" " <__" ~'.,'L ",'<,-\ ! '. '" ~' , ',- ~" k-", ,~ ~"~" '"' ,- - " ,';;' , "-,'" ',' /" ~" ':""-",,,,~ ',,~; ";;'! ';;'';;'_!,--i;,,__, ~ ' '''.''''''('-[J DEFENDANT'S REOUESTED POINT FOR CHARGE NO.3 You should not allow sympathy, emotion or prejudice to influence your deliberations. You should not be influenced by anything other than the law and the evidence of the case. Pa. S.S.J.I. 20.00. 4 o,~" I".,; -,~ -,', ,,'-""-' .Vi>', "'j",,., ,,-. , -g,~-'-,,,-,' i.\-'. ",:,%-,',i-....., vi , , , ":':: DEFENDANT'S REOUESTED POINT FOR CHARGE NO.4 You are not bound to accept or believe the evidence or testimony offered by any party, fact witness or expert witness, even if no other evidence or testimony is offered to contradict it. The credibility of witnesses is solely for you, the Jury, to determine and you are free to accept or reject any testimony in whole or in part. Gaita v. Damula, 385 Pa. 171, 122 A.2d 63 (1956); Gottlob v. Hillegas, 195 Pa. Super. 453, 171 A.2d 868 (1961). r/ 5 '"'' "" ,_.'k'<" _ ,_""m ~_" ~,- -I " '"" y ",__-,,-, "..' '- '''>-, '. -%hr'>~ ",Ii,';-_ ~'0 ,"^'" ~".',,"" ,) :., ~ ,,' d'8,'" ',_ "" -'u"';'.;;''';'::1 DEFENDANT'S REOUESTED POINT FOR CHARGE NO.5 If you decide that a witness has deliberately falsified his or her testimony on a significant point, you should take this into consideration in deciding whether or not to believe the rest of the witness's testimony; and you may refuse to believe the rest of his or her testimony, but you are not required to do so. Pa. S.S.J.I. 5.05. 6 ...," ~<~ -, -, eo ,"~-"_,, b ,-' ',;:, ,'-,. _ -" .1 '.'L .,;.;,' "~__ ~-.,,' ',.' -J_, - ";~'_,'c ,:,_" i ,;.,,;,' :. ,~;.;. - ' I I DEFENDANT'S REOUESTED POINT FOR CHARGE NO.6 In examining the evidence and the testimony presented, you may draw reasonable inferences from them, but you may not speculate or guess on factual issue. Cuthbert v. City of Philadelphia, 417 Pa. 610, 209 A.2d 261 (1965); Rubenstein v, J.E. Kunkle Company, 244 Pa. Super. 474, 368 A.2d 819 (1976). 7 , ',n_. ^., ~ < -~ ,--'d . ',".'; -'r.' '-w'- ,- ".'-> "','<'" ,;~ -'''''-'-',''",,'i'' - ",...'".:-;:." '"' i _-,~' .'" ",< DEFENDANT'S REOUESTED POINT FOR CHARGE NO.7 In determining the amount of damages, there should be no attempt by you to punish the Defendant. Murray v. P.T.C., 359 Pa. 69, 71, 58 A.2d 323 (1948). 8 , . .,,-~ ~ ~- , ~ ~ ~ " "'< .^, -~ "~ ' -':: I DEFENDANT'S REOUESTED POINT FOR CHARGE NO.8 Damages for pain and suffering should not be awarded on the basis of sympathy, but should be limited to reasonable compensation for the injuries, if any, you find to be caused by this accident. Pain and suffering is not measured by what the jury or some other person would charge to undergo the same pain. The question to be determined is what the reasonable allowance for the pain and suffering which is the direct and proximate result of the accident. You must use your common sense to arrive at a figure. J" Buroar v. Pittsburgh, 373 Pa. 608, 96 A,2d 889 (1953); Littman v. Bell Telephone Co. of Pa., 315 Pa. 370, 172 A. 687 (1934). 9 , ~- " . ~ " ,~' -",-~- "",,", . '<i ~ ,,'=' ~-"'. ..'-.' , - ',,"-, , <". ~. ,'" .-;;''::''''",,;;;;:-,-.' ~.- - '.' ,,~_I ~ -, C"'.\J DEFENDANT'S REOUESTED POINT FOR CHARGE NO.9 If the Plaintiff is entitled to recover money damages, he should be compensated with the least burden to the Defendant, consistent with the idea of fair compensation to the injured victim. Incollingo v. Ewing, 444 Pa. 299, 282 A.2d 206 (1971). / 10 . , , ., " I '<"~ " " " , " ij".., ,>',~ ,'./\. -,;,',.-,-j,'-':.!"~~-\ .. : .. DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 10 It is for the jury to determine how seriously the Plaintiff was injured and, what allowance should be made to him for pain and suffering, past, present and/or future. The jury need not accept even uncontradicted evidence of pain and suffering. Kirby v. Carlisle, 170 Pa. Super. 389 (1955); Racto v. Nelson, 194 Pa. Super. 317 (1960). 11 ^ ~' - - '" < ~ ' .' .:.", >, ;, _-,_ C'.,' e"~" ~_. ~)',"","",' ,,- , ~I -, ~ _''-'! DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 11 The credibility of witnesses is always a matter for the jury. It is the province of the jury to appraise the testimony and to accept or reject the evidence given by the witness. A jury need not believe the testimony of a Plaintiff and his witnesses concerning injuries; otherwise, there would be no way for a Defendant to protect himself against fraudulent claims for injuries which never occurred or are unrelated to the accident. Gottolb v. Hillegas, 195 Pa. Super. 453 (1961). 12 .-, .,;, '~;~."" ,_0 I: "-.'~'~ - >., ~ .",,-_,' c...,.- '-""".' " . ," ...- .'," __ , ,-.' ,,, c'" ,_.- '., ~";':_ ,1',--. L""~i DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 12 Damages will not be presumed. They cannot be recovered unless the evidence affords a sufficient basis for estimating them with reasonable certainty. Damages should not be estimated on the basis of mere conjecture or speculation. Lorch v. Eglin, 369 Pa. 314, 85 A.2d 841 (1952). 13 ..'" .""",~,,-.-~-y '-"'a""-,,,_,, "' ,-,-' ;' .~ "';'''< ,;;...'';''''-~ -""h ',-~-', -,' " ''',:;-:p,",,,;~,-, "";b"'~-_"'.!_'__' ',W.,,, .-: -,---,- ,-"I:. DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 13 Defendant is only liable to pay Plaintiff those damages which are the direct and proximate consequence of the accident. Offensend v. Atlantic Ref. Co., 322 Pa. 399, 402 (1936). I 14 ,-' ~ , ..-,' -,..;--- ," ;-[~"'.; ",---"~' .-'-, ;--, ,>-,~"', ,,' ~ __,;-;,;. ~' ._" '. -- j,",,~, -1-",,' 0 ,. .~ ~" "";;,f DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 14 Under Pennsylvania law, in order to recover damages for an alleged aggravation of a pre-existing condition, Plaintiff is required to present competent medical opinion testimony, rendered to a reasonable degree of medical certainty, that establishes the extent and duration of the aggravation. See Joyce v. Boulevard Physical Therapy, 694 A.2d at 658 (1997 Pa. Super.) cl 15 '" '"', .', - ~<-< ,"' '---~---' '2"-"<>' ,,~,,', ,"" '"'-'i'"'"",,,,>",,,~-,," <"...." I",,-,'~~;-, ,,.. w'_,'_~"_~'''' .',,- ";-'.'; .'L_,I_",,_ "'~"';:'~i DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 15 If you find that Plaintiff has failed to present competent medical opinion testimony, rendered to a reasonable degree of medical certainty, that establishes the extent and duration of the alleged aggravation of Plaintiff's pre-existing condition, then you may not award Plaintiff any damages as a result of the alleged aggravation. 16 " .^"" ~' " 1-=, '" ",^, <,,'~, ,:;~,,,,,:,--,, ',-"" ,'_h~ - ^",,-,,~,.';'i""'d';;;-~'" ,",~i,"j(i DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 16 If you find that Plaintiff has proven by competent medical testimony that Plaintiff's pre-existing shoulder condition was aggravated, and that he has proven the extent and duration of the aggravation, you may only award damages for the period of time the condition was aggravated, and you may not guess, speculate or conjecture as to the extent or duration of the aggravation, but instead must base your findings on competent evidence of record. See Joyce v. Boulevard Physical Therapy, 694 A.2d 648, 658 (Pa. Super. 1997) and Offensend v. Atlantic Refining Co., 322 Pa. 399, 185 A. 745 (pa. 1936). 17 , - ~;,,'- " '- ~, ^ I, -~ ''"-'- -;",,<,~ ,_"_<Z, , ,_;.,.",~'",_,,"-,,,~,-.,;,~ ,:';,;'~-:""'.."",_'t.,';-.oo,_~""~,;~.,, <,^"",: ~,- ';1Di DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 17 I instruct you that there has been absolutely no medical evidence presented that the aggravation is permanent, and you may not therefore award damages on this basis. /} . 18 - ~. , ~__'" , ' , ,i; -' _ ~~ ~" - ~'" < -" ,-",>y"'".. ;-- :-'":~~ ,-" '",- ,--,-", DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 18 You will recall that Rex A. Herbert, D.O., an orthopedic surgeon, and Jamie L. Hettick, M.D., a family physician, testified as expert witnesses for Plaintiff in this case, and Robert R. Dahmus, M.D., testified as an expert orthopedic witness for Defendant. A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his opinion as an expert as to any matter in which he is skilled. You, as jurors, determine the weight, if any, to be given to the testimony of the experts. In doing so, you should consider the qualifications of the expert with respect to the opinion he has given. In determining the weight to be given to his opinion you are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses; or give it the weight, if any, to which you deem it entitled. Griffith v. Clearfield Truck Rentals. Inc., 427 Pa. 30, 233 A.2d 896 (1967); Reardon v. Meehan, 424 Pa. 460, 227 A.2d 667 (1967); Steele v. Sheppard, 411 Pa. 481, 192 A.2d 397 (1963). 19 , _~rl. , >J.._~ I ,'^-'''~ , -., "',j~";;..,,,;,;,),.- 1', , DEFENDANT'S REOUESTED POINT FOR CHARGE NO. 19 In general, the opinion of an expert has value only when you accept the facts upon which it is based. Standard Civil Jury Instructions, ~5.31. 20 ._~ "" "~i", - :-: - _~,,: I . . ,-'~ ~ifu.-" ~'"'' VS (/anc.e. 510,1 w,d ' Auf~>>b;\e- F"",~ F,,~<t)l ( / IJudge _ ClerklProlh j(Tipstaff _I COURTROOM NO.: t;~ - CASE NO.: i~ Car t ~r DOCKET NO.: (J 0 - (i:J,r:;'({ c"') I DATE: ;', :J:?- 0;' Juror # Name Random No. "_.~1M"~'~__'n"",''''''_~'''''''';'''''''.''''''___~~'''''''''''";_s;>="""""~.,~"",,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,_~,,,~~,,",""""_U>..",,,",,,,~.,,,~,~'~""~-"'I Iilll'.<f<'! /;~ 144 Dnncan, William E -2132746572 liO 8't\artz, TerI3...-..IJ-J 1949483898 P-I .,,:;: 'l:rlllH8l~ EdwaFd A 183J3111939- P-2-. 106 Mumma, Matthew J -1626140674 Ill. Glb3uu, AlaI} I -.tiOG'J.41185 i?-? 91 'fhalB.k~, A...~H.d l. -oo..,ul'Ht~ 0-.3 '6 Mowen, Kennelh E -1U I o~~:tO JLJ - <- 1~1 _BI t8Sler, ARb,...... IC _t>/iRllRll~ll~ Jj)- ( ,73 Glunt, Ronald V -5095113100 132 Filson, Donna L -361742698 86 McPherson, Stephanie A -312826443 34 Fa2ue, Michael J -19535496 4J R9d~ I{aLbcrlnc 1\.1 n'70/i~,5 p-~ 27 ~unkel, Janet A 90475706 1,H. Silu..._~ffl~:thl, Cb~ ~Liuc G J/:H~_J,J.th_ r;J~y 7 A~y,Sandni L 484MtQ911 63 Boh~ Frederick W 68~94255 bs J:lf; f.~l!en.,__l,.i~ ~11l~ v 718~i9~gm 21 ~!uulr,=~, ~':r 1'~6~8 P-5 122 fiper, Alan E 9fl.8414SC19 9 Bosler, Wendy S 9351,04311 130 Toomey, John H 1013210152 143 - Wille, Richard K~ 1165345887 33 T~~;C!nll, T gn"A ...I43@1ti'JI~ p-~ 114 D~IO~.J8mesM.- ~~ 10/:><<169;4 ~' . 92 Fran e, Andrew W 1794230608 5 Ritter, Cristine A 1897072673 125 Pentz, Ginny E 1930111978 91 Craft, Geof2e W n 2025141995 ~ ~ , , , - i . I I , -, j /) , I " , n , ~() c , - , ~! '" -~' , , ' " . " ~', L'. ... JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO.2txJJ- te,q5'l VANCE QUINTON, DEFENDANT. JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim of relief requested by the Plaintiff You may lose money or property or other rights important to you. 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, Central Pennsylvania Legal Services 118 North Eighth Street Lebanon, PA 17042 (717) 274-2834 .<-,J ,~-, .. JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO, VANCE QUINTON, JURY TRIAL DEMANDED DEFENDANT. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en las corte en forma excrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LIEVE EST A DEMANDA A UN ABOGADO IMMEDIATEryIENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LIAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUSENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUECE CONSEQUIR ASISTENCIA LEGAL. Central Pennsylvania Legal Services 118 North Eighth Street Lebanon, PA 17042 (717) 274-2834 ,~ , , J '. .:..,~",'i .. JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA.~ ...-:...., NO. Lio- &'?C? ~ I~ VANCE QUINTON, JURY TRIAL DEMANDED DEFENDANT. COMPLAINT 1. Johnnie Carter ("Carter"), is a resident ofthe Commonwealth of Pennsylvania, and an adult individual who resides at 1518 S. 12th Street, Harrisburg, Pennsylvania, 17104. 2. Defendant Vance Quinton ("Quinton"), the driver, is an adult individual and resident of the Commonwealth of Pennsylvania who resides or works at 1023 Mumma Road, P 0 Box 900, Camp Hill, Pennsylvania 17001. The vehicle was owned by Juliet M, McLaughlin ("McLaughlin"), the insured, who is an adult individual and resident of the Commonwealth of Pennsylvania who resides at 1613 N. 2nd Street, Apt. 3, Harrisburg, Pennsylvania. 3, The facts and occurrences hereinafter related took place on or about September 29, 1999 on or close to the 4400 block ofthe Carlisle Pike, at the intersection of the Carlisle Pike and St. John's Church Road, Camp Hill, Pennsylvania. 4. At that time and place, Carter was operating his vehicle in a southbound direction on the Carlisle Pike. 5. At that time and place, Quinton was also operating his vehicle in a southbound direction on the Carlisle Pike, behind Carter's vehicle. "-'"~'" ~-~ " "' _I ' , ,~' "J'~, - 6. At the stated location, the Carlisle Pike is a two-way, two-lane roadway with one lane of travel northbound and one lane of travel southbound. The intersection at the Carlisle Pike and St. John's Church Road is controlled by a traffic signal. 7. Carter was stopped at the red light at the intersection with approximately 8 vehicles in front of him also stopped at the red light. He was stopped with his foot on the brake when Quinton hit him from behind. Quinton was traveling at approximately 25 to 30 miles an hour at the time of the accident. 8. Since the automobile accident, Mr. Carter has experienced pain in his back, and numbness and loss of sensation in his arms. Carter presented himself to Dr. Jamie L. Hettick, M.D., who ordered x-rays and prescribed medications that he has taken regularly since the accident to control the pain. 9. Carter was also referred to the Arlington Rehab Center and Sports Medicine, 805 Sir Thomas Court, Harrisburg, Pennsylvania, where he has undergone, and continues to undergo, physical therapy to control the pain from his injuries. 10. The foregoing accident and all of the injuries and damages set forth in this Complaint sustained by Carter are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Quinton operated his motor vehicle as follows: a. failure to keep alert and maintain a proper watch for vehicles traveling along the highway; b. failure to keep proper and adequate control over his vehicle; c. driving his vehicle upon the roadway in a manner endangering persons and property in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. ,-,-' - -,->~ ..~~ ~ ~ -'>, '~~!,. " 11. By reason of the injuries sustained by Carter, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 12. Because of the nature of his injuries, Carter has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Carter has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of some oflife's pleasures and enjoyment, and claim is made therefor. 14. Carter continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries are of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 15. As a resuIt of the aforementioned injuries, Carter has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 16. Prior to the accident, Carter was retired at the age of 55 from AMP, Carter obtained a commercial driving permit in order to become a commercial driver. Following the accident, Mr. Carter realized that he could not hold the steering wheel ofthe commercial vehicle and could not shift the gears due to the injuries he sustained in the accident. Carter anticipated that he would earn $32,000 a year as a commercial driver until he reached the age of 62, at which time he intended to retire from commercial driving. His social security and retirement from AMP would not have been reduced while he was a commercial driver. 17. As a result of the aforesaid accident, Carter has sustained monetary damages including, but not limited to damage to his vehicle, and claim is made therefor. ,- ~ " ,-a,~ _ .......;"'_ "* WHEREFORE, Plaintiff Carter demands judgment against Defendant Quinton in an amount in excess of$ 35,000, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, DATE: 7' 1M'; 00 ~re I. D. No. 72026 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 Counsel for Plaintiff , - ""~.~ J, "-"Iill',t'j,;', " . VERIFICATION I, JOHNNIE CARTER, hereby verifY that the facts contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S, Section 4904, relating to unsworn falsification to authorities. ~ i II) J' 'e Carter (}(iA-;k Dated, this .Ie; day of 5 ed, 2000. ~_~~'ll:~~l'Ill<.ilIIl~~illllI&li'''''ir!'f~.j''t",---J,].j'fdiN~~t(s>:I1IdI"/i.'l;;~~_~llijnMWiiliii'~I'J'I~-- ~ ~ It: ~ -- 0 - "-l () w OQ ~- ..j.j G' ",j"1",,J" ,-,."~(I.L..l",uj-",: ,jJj1::,:U,_,;,,,_,,_V,~~:,L ,,,,ll.f!lc, ,'~="""'F , "',~~, ," ,""_,~"'f ~ ~ I_11ft ., C.ij (') C:, () c.: C) ::C_"'" " : 9J~-'" C) ~, ~ --!:.." " ~"-f ~ c::::, -7,-- - 02,-, '11 (:> ;--, err Cl ~ c:::t-] ~~~:} () 0 d;c} ~..-.. ~_1 i~~ CIJ '- ~:::(-\ '1 Pc \.0 (Sf'll Z ~;~ 1- --j ''J ::r.J -<, (J1 -< V> ~ < .",,, Stephen E. Geduldig, Esquire Attorney 1.0, No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seo@tthlaw.com Attorneys for Defendant: QUINTON VANCE i: I: I: il JOHNNIE CARTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6958 CIVIL ACTION - LAW if ,i: L QUINTON VANCE, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and his counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ill6L.~ ( 7 V lO& By: ST~ Attorney I.D. No. 43530 2 Attorneys for Defendant, QUINTON VANCE ,--,~, "I . --'"" .~ "" - ",,~_ ""'<'.~ ~'''~,,-, -.-,;_,-,"""._~c., J'. i- I. Stephen E, Geduldig, Esquire Attorney I.D, No, 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendant: QUINTON VANCE JOHNNIE CARTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6958 CIVIL ACTION - LAW QUINTON VANCE, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, QUINTON VANCE, TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Quinton Vance ("Defendant"), by and through his undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiff's Complaint: 1. Denied pursuant to Pa, R.C.P. 1029(e) 2. Admitted in part and denied in part. It is admitted that Defendant, Quinton Vance, not "Vance Quinton", who, at the time of the accident, resided at 1613 North Second Street, Apartment 3, Harrisburg, Pennsylvania, resides at 1603 Green Street, Apartment 1, Harrisburg, Pennsylvania. It is denied that he resided at the Camp Hill, Pennsylvania address. "- .-~-, ," ",-,", "'~ "'<>*"-,~ -,-' '- ,~ ' "'" 3. Admitted that the accident occurred near the intersection of Carlisle Pike and St. John's Church Road, Camp Hill, Pennsylvania. 4. Admitted that Plaintiff operated his vehicle southbound on Carlisle Pike, behind the Plaintiff's vehicle. 5. Admitted that Mr. Vance operated his vehicle southbound on Carlisle Pike. 6. Admitted in part and denied in part. It is admitted that the Carlisle Pike at St. John's Road is controlled by a traffic signal. 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). 9. Denied pursuant to Pa. R.C.P. 1029(e). 10. The remainder of paragraph 10 and subparagraphs a.-c. of Plaintiff's Complaint is denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 11. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . 12. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . 14. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . 13. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . 2 ~'-,' ,,-~,,^ " ,~' " L_' I; " ; .' ::, !~ u - ~ '.....,''"" ,i'. - , <. -~ ,,' , , ~-'w__ '-"~-".''''-F-'.''';e;""~..t,,-_,,,,;, ~";,J 0,_",,<>, ~i 15. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) , 16. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . 17. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . WHEREFORE, Defendant, Quinton Vance, respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in his favor. NEW MATTER 18. Paragraphs 1 through 17, above, are incorporated herein by reference as if fully set forth at length. 19. Some or all of Plaintiff's claims may be barred or limited by Plaintiff's election of the limited tort option. 20. Some or all of Plaintiff's claims may be barred or limited by application of the Pennsylvania Financial Responsibility Act. 21. Some or all of Plaintiff's claims may be barred or reduced by previous payments for which Defendant is entitled to a credit. 22. Plaintiff may have failed to mitigate his injuries and/or damages. 3 " " I "'~C<, . ., ""'""-,,,,;,," ~' , ;-0, " "~~,,-,, ,~-"-'~'''',._',,.' ,--",,~-~-:, . 23. Plaintiff's Complaint fails to allege a cause of action. 24. No act or omission on the part of Defendant caused or contributed to Plaintiff's alleged injuries and damages. 25. Defendant asserts that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendant, Quinton Vance, respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in his favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP [c(}a(rx, :113668.1 By: ~ ~PHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendant, QUINTON VANCE 4 _ "":",L <, -I"~," " ' '-''',.,' "-,, ~;, '" , " ".',[ ",0., -,' 'ii::j VERIFICATION I, Quinton Vance, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ,. ,', ,',," - ',"-'~ -"" i'" '.J-"" C",,"'" -, .',"-'" ''kmH;';,o,_ ''''N,~ - "'-~'" -....,i:" <~fl " --' ' , .. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of November, 2000, on all counsel of record as follows: 1" F Stephen R. Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, Pennsylvania 17011 Attorneys for P1aintiff THOMAS, THOMAS & HAFER, LLP :111640.1 ,-' ~"-~ 11111l ,-- " ,:, iI.:Ii""'-''"' -...m.~'~'","=,""IlI~iii:ifJ1itl ,- -"p "'"", _~_ ,'_~, ",0 _co, '" -Y',' ,_ ~, ~ ~, , >.. ~ . ~'J' ~' . ,_~" A " ~~-~ -^' ~j 0 0 C::. "'1') '::;' M ,,=1;1 !:P' n :lJ t .'C;' 8 ~~ "J. ...- ~i~~ r:>:i5 """ S;:' ~O :c: Q(,5 sg 6 (jlT.l .. N ~ \0 ?t -< ". - " ~ ,,~~ ". . --lbc.,! , . - ~ JOHNNIE CARTER, Plaintiff #12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW QUINTON VANCE, Defendant 2000-6958 CIVIL TERM IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, January 9, 2002, before the Honorable George E. Hoffer, President Judge, in this automobile accident case, Stephen R. Pedersen, Esquire, represents the plaintiff, and Stephen E. Geduldig, Esquire, is representing the defendant. It is a rear-end collision case and liability is admitted but not causation. Plaintiff's witness list includes at least six doctors and various other medical service providers; at the pretrial conference plaintiff's counsel tells the Court he has not yet decided which people to call as witnesses, and no depositions of any kind have been taken to this point by plaintiff. The Court is unhappy that these questions about witnesses have been delayed to this point, and we direct the case be rescheduled for pretrial in front of Judge Hess on Monday, Japuary 14, 2002, in his chambers, at that time Mr. Pedersen Shall supply the names of witnesses intended to be brought to court, together with deposition dates if they are to be presented either on tape or by paper deposition. Defendant's only medical witness will be Dr. Robert Dahmus, whose deposition, to be presented in court on tape, is scheduled for January 21, 2002, in the afternoon hours. Mr. Geduldig already has a trial in Dauphin County scheduled to last two days beginning January 28, 2002, and court directs the administrator not to list him for trial before January '...' .) 13, 2002. , -, , -,,1- KlCf If this case goes to trial, the Court estimates it can be tried in two days. Stephen R. Pedersen, Esquire For the Plaintiff Stephen E. Geduldig, Esquire For the Defendant pcb cc: j . ,l-'esr By the Court, .. ~~'~"","",,'M-tl-"~~~iIliIllIiIaM~J\J';:\~im!"'iH@r_~...#;,",Hl'II.wi'ikl~~ ,MJJ",ll iff ~ n. ".,.. . ."'_',.~,~~"',,-"~" .," ' "" '-, -,_ e ~" _~,,~ , ,~ ,"v . .......~ c ~~ .~ 0 c:" c~ ('..,: 1"0 ~~ S': -" [CJ '- .. ! '"T1r-i, )= -~ h~. .,,:,- ZC S!< Q C::C'.-, $; '"[) GC~ :J~ pC, .~. .. '... -, :S .:::> .-- ~<: (J) '::::<.J .~ ,. ....: . - __', ".'_".0.__ "" '~ ! ~ JOHNNIE CARTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 00-6958 CIVIL QUINTON VANCE, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held January 14, 2002, were Stephen R. Pedersen, Esquire, attorney for the plaintiff, and Stephen E. Geduldig, Esquire, attorney for the defendant. Mr. Pedersen presented an updated witness list in accordance with the instructions of Judge Hoffer at the pretrial conference held on January 9, 2002. The notes of that pretrial conference are amended to reflect that this case should not be listed for trial before January 30, 2002. January 14,2002 d14 Stephen R. Pedersen, Esquire For the Plaintiff Stephen E. Geduldig, Esquire For the Defendant Court Administrator :rlm .. - ,-1-',' ,",'- - .' ^, -~ -, \ ,~ ,,- ,~ "'" ij~,j JOHNNIE CARTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW 00-6958 CIVIL QUINTON VANCE, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held January 14,2002, were Stephen R. Pedersen, Esquire, attorney for the plaintiff, and Stephen E. Geduldig, Esquire, attorney for the defendant. Mr. Pedersen presented an updated witness list in accordance with the instructions of Judge Hoffer at the pretrial conference held on January 9, 2002. The notes of that pretrial conference are amended to reflect that this case should not be listed for trial before January 30, 2002. January 14,2002 ,;14 Stephen R. Pedersen, Esquire For the Plaintiff Stephen E. Geduldig, Esquire For the Defendant Court Administrator :r/m . 'I.'," 'jllil~l" . .. JOHNNIE CARTER, Plaintiff #12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW QUINTON VANCE, Defendant 2000-6958 CIVIL TERM IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, January 9, 2002, before the Honorable George E. Hoffer, President Judge, in this automobile accident case, Stephen R. Pedersen, Esquire, represents the plaintiff, and Stephen E. Geduldig, Esquire, is representing the defendant. It is a rear-end collision case and liability is admitted but not causation. Plaintiff's witness list includes at least six doctors and various other medical service providers; at the pretrial conference plaintiff's counsel tells the Court he has not yet decided which people to call as witnesses, and no depositions of any kind have been taken to this point by plaintiff. The Court is unhappy that these questions about witnesses have been delayed to this point, and we direct the case be rescheduled for pretrial In tIV 4,frJ. in front of Judge Hess on Monday, January 14, 2002, in his chambers, at that time Mr. Pedersen shall supply the names of witnesses intended to be brought to court, together with deposition dates if they are to be presented either on tape or by paper deposition. Defendant's only medical witness will be Dr. Robert Dahmus, whose deposition, to be presented in court on tape, is scheduled for January 21, 2002, in the afternoon hours. Mr. Geduldig al~eady has a trial in Dauphin County scheduled to last two days beginning January 28, 2002, and court directs the administrator not to list him for trial before January ~~ ,-, " 13, 2002. If this case goes to trial, the Court estimates it can be tried in two days. By the Court, Stephen R. Pedersen, Esquire For the plaintiff Stephen E. Geduldig, Esquire For the Defendant pcb cc: J. .~sr ~<". . I ,,~"l~"tlilliiiilm!lij;;:'; JOHNNIE CARTER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 00-6958 CIVIL QUINTON VANCE, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held January 14, 2002, were Stephen R. Pedersen, Esquire, attorney for the plaintiff, and Stephen E. Geduldig, Esquire, attorney for the defendant. Mr. Pedersen presented an updated witness list in accordance with the instructions of Judge Hoffer at the pretrial conference held on January 9, 2002. The notes of that pretrial conference are amended to reflect that this case should not be listed for trial before January 30, 2002. January 14, 2002 d14 Stephen R. Pedersen, Esquire For the Plaintiff Stephen E. Geduldig, Esquire J' For the Defendant Court Administrator :r/m . , ",-", ",'." <-,.-. " , C,.',_", , -, ,''- 6~ . ,<. _ ". ,,';J_-'-", Stephen E, Geduldig, Esquire Attorney 1.0. No. 43530 JAN 0 :3 200? t~ :1-,;:,. ~~<':':~'\; ! ! #...\ < THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendant: QUINTON VANCE JOHNNIE CARTER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6958 CIVIL ACTION - LAW QUINTON VANCE, Defendant Pre-Trial January 9, 2002 Judge Hoffer JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT, OUINTON VANCE I. BRIEF NARRATIVE STATEMENT OF THE CASE On September 29, 1999, Defendant Quinton Vance had been traveling southbound on the Carlisle Pike behind Plaintiff, Johnnie Carter. Defendant was traveling approximately 10 mph when he bumped the rear of Plaintiff's vehicle in stop-and-go rush hour traffic. Damage to Plaintiff's 1992 Volks Wagon Jetta GL was minimal, totaling $400.84. II. LIST OF TYPES AND AMOUNTS OF ALL DAMAGES CLAIMED Defer to Plaintiff. III. LIST OF NAMES AND ADDRESSES OF ALL PERSONS WHO MAY BE CALLED AS WITNESSES. CLASSIFYING THEM AS LIABILITY OR DAMAGE WITNESSES A. Liability Plaintiff Johnnie Carter, as on cross-examination Defendant Quinton Vance Any witness identified by Plaintiff in discovery . ~,~ ~ -'.. ._', ~. i.>__~1 '."-,, .-, --"",'.", , l' '"' '~ ,., _ .~,-",;j . -;;"',i__ ,;-j- .'- S-.. ;~~. . Any witness identified by Plaintiff in his Pre-Trial Memoranda Defendant reserves the right to supplement his list prior to trial B. Damages Plaintiff, Johnnie Carter Defendant Quinton Vance Defendant may call at trial as an expert, Robert R. Dahmus, M.D., Def~ndant's IME physician Records Custodians for all health care providers and employers identified in discovery Any health care provider or past/present employer identified in discov~ry Any witness identified by Plaintiff in his discovery Any witness identified by Plaintiff in his Pre-Trial Memoranda Defendant reserves the right to supplement this list prior to trial IV. LIST ALL ~XHIBITS WHICH A PARTY INTENDS TO USE AT TRIAL Enlargement of photographs of Plaintiff's vehicle and Defendant's vehicle Plaintiff's deposition transcript Plaintiff's Complaint plaintiff's Answer to New Matter Plaintiff's Answers to Interrogatories Plaintiff's medical records 2 ,,'- ~~ ',- ---1",,',,-, ,~, --- <A - '",_."", '0 < ,,-, ',- -._- ';'--,'J^,-, ", I, ."'lHfj All Employment records and bankruptcy filings offered during discovery IME report of Robert R. Dahmus, M.D. Any exhibit identified or admitted in evidence into any deposition in this case Any exhibit identified by Plaintiff Defendant reserves the right to supplement this list prior to trial V. COpy OF WRITTEN REPORT OR ANSWER TO WRITTEN INTERROGATORY CONSISTENT WITH RULE 4003.5 CONTAINING OPINION OF EXPERT WITNESSES See attached report(s) of Robert R. Dahmus, M.D. VI. STIPULATION OF THE PARTIES. IF ANY Defendant requests that Plaintiff stipulate to the authenticity of all medical, employment, and bankruptcy records. VII. ESTIMATED LENGTH OF TRIAL 2 days. VIII. SCHEDULING PROBLEMS Defense counsel is scheduled to start trial in Dauphin County in the matter of Pompeii v. Royers (case #6) on January 28, 2002. IX.SPECIAL EVIDENTIARY ISSUES None anticipated. 3 " ,,,- - - . "'~ .,'-- ,','~ -- y-. , ~-, .. ""_c~ ., ~,,<_'.".c' - .'-. . ~~",,""'-"n>."-'''' o,A'"loioWn._,,", ,,,..,'--. ~I""~~""~::"'~i: , i-: I:: " , , I, " I, X.REALISTIC SETTLEMENT OFFER OR DEMAND Respectfully submitted, I: I Iii I i: , I I' I I:' I' I I I:: Defendant offers $4,500 to resolve this case. To our knowledge there has been no demand, other than for the $300,000.00 prior to suit being filed. THOMAS, THOMAS & HAFER, LLP ~1:> t-L'f. "Z.-- :15274.1 By: ~~~' STEmEN E. GEDULDIG, SIRE Attorney I.D. No. 43530 Attorneys for Defendant, QUINTON VANCE 4 - 'd1-/J ~' ~, ", ,,,1-, 'l-"",~S .... JAN 0 7 2002 If? BALINT BALOG, M.D. RICHARD J. BaAL, M.D. ROBERT R DAHMUS, M.D. STEPHEN W. DAILEY, M.D. WILLIAM W. DEMlITll, M.D" F .A.C.S. JOllN R. f'RANKENY II, M.D" F AC.S. MARK R. GRUBB. M.a. RICHARD tI. HALLOCK. M.D, JAMES R. llAMSlleR. M.D" F AC.S. "C>i Ip. 4;,~',- ,':"'!:"''"' , GREGORY A HANKS, M.D. ALEXANDER KA.LENAK. M.D., F.A.C.S. ROBERT R KANEDA 0.0" r AC,Q.S. RONALD W. LIPpe, M,O" r .A.C.S. JASON J. LrrIUN, M.D. eRNEST R. RUBBO. M.D, WILLIAM J. PDI.ACll= JR., M.D. STEVEN B. WOlf, M.D. THOMAS J. YUCHA, M.D. ORTHOPEDIC INSTITUTE OF PENNSYL V ANlA TELEPI10NE: (717) 761-5530 . (800) 834-4020 . FAX: (717) 737-7197 . www.orthoinslituteofpa.com May 30, 2001 Stephen E. Gedu1dig Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 RE: CARTER, JOHNNIE 1518 S 12TH Street Hacr;,sburg, PAl7104-'OOOO 207 34 6421 17934925 Dear Mr. Gedu1dig: This is in reference to JOHNNIE CARTER who I initially saw in my Powers Avenue Office on May 30, 2001 for an independent medical examination. I am sending you this letter after performing an IME on Johnnie Carter. Prior to seeing John today I read through all the records that you sent to me including records from Dr. Hettick, from Dr. York, from Dr. Green, Dr. Morganstein, Dr. Jones, Dr. Turgeon, Polyclinic Medical Center, Community Imaging Associates,. Arlington Rehab and Dr. Thompson. I also read the letter that you ~ent tome ",long witll. all the record.s dated May 22, 2001. ' I then perforinedmy evaluation, . read tp.:r-ough"fl;1i;recordsagain and dictated this report:'" I did not read the ,depositiOns that 'were sent along with this. '.... ,,,' . . . According to the records and according to what John tells me today in the office, he was in an automobile accident on September 30, 1999. He says he was sitting, stopped, and someone came up from behind him and hit him very hard. He said the other person's car was totaled. His car was not damaged significantly he says and the records state, but he says the other person's car was totaled. '. He did not go to the Emergency Room the day of the injury. He went to see his family physician Dr. Hettick on October 1, the day after the injury. Interestingly in reading through the r~cords it states that Dr. Hettick thought that he was exaggerating his complaints during the evaluation. She gave him a diagnosis of cervical strain and put him on F1exeri1 and heat. Eventually he came under the care of Dr. Green at Arlington Orthopedics via consult from Dr. Hettick. Dr. Green diagnosed traumatic subacromial bursitis and sent him for an MRI scan. The MRI scan was done on October 21, 1999. This was within one month of the injury. The MRI scan showed tendonitis and tendinopathy but no acute tear. The findings on .the ,MRI scan showed significant chronic degenerative change in the supraspinatus and other parts of the rotator cuff. Dr;, Green inj ected him into the shoulder ;;irea ?nd t;his ORTHOPWIC SURGEONS, LTD. ADDRESS ALL CORRESPONDENCE TO: 875 POPlAR CHURCH ROAD, CAMP HILL, PA 17011 CAMP lULL OFfiCE flARRISBURG OFFICE CAMP DILL OFFICE DERSUEY OfFICE CAJ'oIP "ILL OFFICE 3916 TRINDLE RD. 450 POWERS AVE. 890 POPLAR CHURCH RD., STE. 108 10 WEST CHOCOLATE AVE., STE. 105 875 POPLAR CHURCH RD. :~il;;;il-'~ =~ , - ~ I-M.oJ,"",.." . RE: CARTER, JOHNNIE PAGE 2 May 30, 2001 worked very nicely to take away all of his pain. Unfortunately he continued to have pain after that and eventually came under the care of Dr. Morganstein. Dr. Morganstein had been treating him for his neck but lately he is not being treated by anyone. He says he has not seen a physician at least since sometime in 2000. This would go along with what I found in the records. It has been close to a year since he has had any treatment from any specific physician. He says he can call Dr. Morganstein if he has to but he is not presently being treated by anyone for any significant orthopedic problem. The last physician he saw was Dr. Thompson because of a slip and fall injury which caused a radial head fracture. He was not being treated by Dr. Thompson for his shoulder or any other problem. John today in the office states that his only problem at the present time is ,his left shoulder. I asked him very straightforwardly and very repeatedly if he had any problems anywhere else. He says he did not. I asked him specifically if he had any neck, back, arm, leg or foot trouble and he said he did not. I asked him if he has any bowel and bladder trouble. He said he does not. I asked him if he has any numbness or weakness anywhere and he says he does not. I asked him if he has any tingles anywhere and he says he does not. I asked him if he has any problems with motion anywhere and he says he does not except in his left shoulder. He says when he moves his left shoulder in certain positions he gets pain. He says if he sleeps on his left shoulder wrong his shoulder hurts. Otherwise he is not having any trouble at the present time. The only medicine he is taking now at the present time includes Telex for blood pressure problems. He is not taking any arthritis medicine or pain medicine. He is not in any treatment program,at the present time. On physical exam he has 5/5 strength throughout his upper and lower extremities. His sensory exam is intact throughout his upper and lower extremities. He has no tenderness to palpation up and down his spine from the base of his skull all the way down into his pelvis. He has no tenderness in the paraspina1 muscles from his head all the way down to his pelvis. He has no spasm palpable in the paraspinal muscles from his head to his pelvis, in his trapezius bilaterally, in the rhomboids bilaterally, or in the paraspinal muscles of his lumbar spine. Basically he has no abnormalities from his neck down to his toes until ybu get to the left shoulder. Of note also is tha~ he has a full 'range of motion of his neck in all planes without any difficulty at all and none of these motions cause him any increasing pain into his left shoulder. He has full range of motion of wrists, arms, elbows, knees, ankles and hips bilaterally without 'difficulty. He has full range of motion of his right shoulder without difficulty, but range of motion of his left shoulder, although full, does cause him pain throughout the impingement arc. AS far as his left shoulder is concerned, he has pain throughout the impingement arc to range of motion. He has good strength however in his rotator cuff and there is no evidence of significant rotator cuff tear. He has no significant tenderness to palpation at ,the AC joint although he does .' , ~- , ,'" ; I.....:....,"'-',,-"~'~, RE: CARTER, JOHNNIE PAGE 3 May 30, 2001 have mild tenderness to palpation here. There is no atrophy noted on his shoulder. He, has a negative apprehension test. He has only minimal crepitation throughout a range of motion of his left shoulder and it ,is all subacromial. The glenohumeral motion itself is full and I cannot feel any crepitation with glenohumeral motion. There is no swelling in his shoulder, no evidence of atrophy, no evidence of skin breakdown or other problems around the shoulder itself. He brings with him an MRI scan that I have reviewed. In reading through the records, Dr. Green had seen an anterior osteophyte growing off the acromion. You can also See this on the MRI scan. The MRI scan definitely does show the chronic degeneration in the supraspinatus tendon and other areas of the rotator cuff. I have x-rayed his shoulder today to see if anything has changed, and the glf'.nohumeral joint still looks normal. He does have the anterior osteophyte as Dr. Green saw but the AC joint looks good, the space available for the rotator cuff looks good, and the basic mechanical configuration of the joint looks normal. Basically his diagnosis is impingement of have a significant rotator cuff tear yet. by history or by exam today. his left rotator cuff. He does not He has no other orthopedic problem The question is, when did this all start. I asked him if he had trouble with his shoulder before his accident and he says he did not. I asked him that several times. That is hard to believe considering the MRI scan which was done within one month of injury showed chronic changes already in his rotator cuff. The anterior osteophyte that he has on his acromion also is something that does not come with trauma but rather is something that has been there mo~e than likely since birth and this would also go along with a chronic type pain and chronic impingement. As people get older this is the type of acromial manifestation that causes rotator cuff injuries and rotator cuff problems which necessitate surgery, that is, acromioplasty either through a scope or by open procedure. Basically this is what he has. He has impingement of his rotator cuff that I think would do absolutely great if he would have this decompressed either arthroscopica11y or open. I do not think he has a rotator cuff tear of any significance but I do think he has significant impingement. It is possible that the shoulder harness that he was wearing at the time of the accident caused enough increased impingement to. cause him to become sympcomatic.He says he d~d not have trouble before and I do not have records that prove he had trouble before. He definitely had been seen multiple times before this injury by multiple different physicians including Dr. Green an orthopedic surgeon and no note of any shoulder pathology was noted. Therefore it is indeed possible that the injury because of being hit from behind and the shoulder harness that he states he was wearing could have caused enough impingement to cause finally some symptoms in a previously asymptomatic but already degenerating rotator cuff area. At the present time he has pain but he is able to do basically what he wants , RE: CARTER, JOHNNIE PAGE 4 May 30, 2001 to do. This is by his own statements. I do think he could get rid of his pain if he would have a subacromial decompression to get rid of that anterior osteophyte that he has growing off his acromion and therefore take the impingement off his cuff. If he doesn't do this, with time he will tear his cuff. If he tears his cuff it is not because of the accident but because he continues to have this osteophyte that is digging into his rotator cuff 'and every time he raises his arm to shoulder level or above, he is impinging on his rotator cuff. This is how the average person tears their cuff. I do think he has symptoms because of his accident but I also believe that most of his symptoms now are because of the way he is built and he needs to take care of this. At the present time he is not going to get worse because of the accident but he is going to get worse because of the way he is built. If he does come down with a rotator cuff tear it is definitely because he is not taking care of his shoulder, not because of the accident itself. The accident caused pain because of pinching of the rotator cuff, but the scans <;leti,nitely showed that the cuff was not torn. If the cuff goes on to tea.r now, it is because of the continued impingement of the osteophyte on the cuff. The fact that he already had significant degenerative changes in his cuff shows that the cuff was already starting to be damaged, and with time, continued at and above shoulder lifting would tear his cuff. Therefore he is at risk for rotator cuff tear but it is not because of the accident but rather because of the way he is built. He should have this taken care of before it does tear. This is what Dr. Morganstein put in his notes also. In reading through the records, the only injury that I can find that he could have sustained at the time of his accident would have been a cervical strain that has completely resolved. The other injury would be the shoulder problems that he states never gave him trouble before but now he is having trouble. This has not resolved, however, any further damage to his shoulder would not be because of the accident but because of the natural history of what happens with people who have these Type II acromions as he has. Basically he can do anything he wants to do except he should keep the activities at and above shoulder level to a minimum so as not to tear his cuff. If he does this he is going to hurt his cuff. This is because of the way he is built however, not because of the accident. I hope this information is helpful to you. /-!!Cer~~Y;-' / /C'--~ . ~obert R. Dahmus, M.D. '-.- RRD:g1d .'- " ~ " h1fil.R:::1f:i --f :',' ." BALINT BALOG, M.D. RICHARD J. BOAL, M.D. ROBERT R. DAI1MUS, M.D. STEPHEN W. DAlLEY, M.D. WILLIAM W. DI'.MUTH, M.D., F AC.S, JOHN R. FRANKENY n, M.D" F AC.S, MARK R. GRUBB, M.D. RICHARD H. HALLOCK, M.D. JAMES R. HAMSHER. M.D., F AC.8. GREGORY A. HANKS, M.D. ALEXANDER KALENAK, M.D., F AC.S. ROBEfIT R. KANEDA, 0.0" F AC.O.S, RONALD W. LIPPE, M.D., F AC.S. JASON J. LITTON, M.D. ERNEST R. RUBBO, M.D. WILLIAM J. POlACliECK, JR., M.D. STEVEN B, WOLf, M.D. THOMAS J. YUCHA. M.D. ~Ip. 6'--...' ORTHOPEDIC WSTlTUTE OF PENNSYLVANIA TELErtlOl'lE: (717) 761-5530 . (800) 834-4020 fAX: (717) 737-7197 . www.orthoinstituteofpa.com November 2, 2001 Stephen E. Gedu1dig Thomas, Thomaa & Hafer P.O. Box 999 Harrisburg, PA 17108 RE: CARTER, JOHNNIE 1518 S 12TH Street Ha:rr-lsburg, PA 17104-0000 207 34 6421 17934925 Dear Mr. Geduldig: I am sending you this letter after reading through the records that you sent to me regarding Johnnie Carter. These records included records from Dr. Herbert's office and the operative report from August 15, 2001 by Dr. Herbert. At that time a subacromial decomp,ession was done. No rotator cuff tear was found and no rotator cuff tear 'obviously was repaired. In reading through these records my opinions that I stated in my IME have not changed at all. It is interesting in reading Dr. Herbert's note from 7/19/2001. He states in his record that the scan from September of 2000 suggests a partial tear of the rotator cuff. I did not see that when I saw the scan and t did not see that in the official readings either. Dr. Green also did not think that. He also gave a diagnosis of full thickness tear of the anterior portion of the rotator cuff based on his exam and his reading of the MRI scan, despite him having good strength testing of his rotator cuff. At time of surgery it was confirmed that there was no tear, just an abrasion of the cuff as you would expect someone with a Type II acromion to have. Therefore based on my reading of his records, especially the operative report, my opinions have not changed at all from the opinions that I stated in my IME from May 30, 2001. I hope this information is helpful to you. Sincerely, RRD:gld R. Dahmus, M.D. ORTl10PWIC SURGEONS, LTD. ADDRESS ALL CORRESPONDENCE TO: 875 POPLAR CHURCH ROAD, CAMP HILL, PA 17011 CAMP HILL OFFICE IlARRISBIJRG OFFICB CAMP HILL OFFICE HERSHEY OFFICE CAMP HILL OFFICE 3916 TRlNDLE RD. 450 POWERS AVE. 890 POPLAR CHURCH RO., STE. 108 10 WEST CHOCOLATE AVE., STE. 105 875 POPLAR CHURCH RD. ,,,,-. , JAN 0 4 2002 V.... , , . <.<J~"'-""_'_""_ .~it:t) JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-6958 QUINTON VANCE, DEFENDANT. CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL STATEMENT 1. NARRATIVE STATEMENT OF THE CASE: On September 29, 1999, Plaintiff Johnnie Carter had been traveling in a southbound direction on the Carlisle Pike. At that time and place, Defendant was also operating his vehicle in a southbound direction on the Carlisle Pike, behind Plaintiff's vehicle. Plaintiff was stopped at the red light at the intersection with his foot on the brake when Defendant hit him from behind. 2. DAMAGES: Since the automobile accident, Plaintiff has experienced pain in his back, and numbness and loss of sensation in his arms. After the accident, Plaintiff sought medical attention and continued to undergo physical therapy to control the pain from his i11iuries. By reason of the injuries sustained by Plaintiff, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health and claim is made therefor. Medical treatment for his injuries ultimately led to subacromial decompression surgery which was performed on August 15, 2001 by Dr. Rex Herbert. Following this surgery, physical therapy was again ordered to begin on August 28, 2001. Because of the nature of his injuries, Plaintiff continues to be plagued by pain and limitation and therefore avers that his injuries are of a 1 p",,;: .' ~ " "-., ',,";'" -j -)~; c, ~ L _" ''''' '~~J '[<: , permanent nature, causing residual problems for the remainder of his lifetime and claim is made therefor. As a result of the aforementioned injuries, Plaintiff has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. Prior to the accident, Plaintiff was retired at the age of 55 from AMP. Plaintiff obtained a commercial driving pennit in order to become a commercial driver. Following the accident, Plaintiff had difficulty holding the steering wheel of the commercial vehicle and could not shift the gears due to the injuries he sustained in the accident. Plaintiff anticipated that he would earn $32,000 a year as a commercial driver until he reached the age of 62, at which time he intended to retire from commercial driving. His social security and retirement from AMP would not have been reduced while he was a commercial driver. As a result of the accident, Plaintiff has sustained this additional monetary loss and claim is made therefor. 3. WITNESSES: Plaintiff Johnnie Carter Defendant Quinton Vance, as on cross-examination Robert R. Dahmus, M. D. Michael ScWude, P.T., Arlington Rehab & Sports Medicine Rex A. Herbert, M. D., Arlington Orthopedics Jamie 1. Hettick, M. D., Family & Internal Med. Center of Union Deposit Robert 1. Green, D.O., Arlington Orthopedics Eugene P. York, M. D., Family & Internal Med. Center of Union Deposit 2 ~~~"-"~- '" ,-,,", t William B. Miller, Jr., M. D., Community Imaging Associates Robert 1. Tecau, D.O., Family & Internal Med. Center of Union Deposit Steven E. Morganstein, D.O., Arlington Rehab & Sports Medicine Thomas Pietras, D.O., Community Imaging Associates John D. Thompson, D.O. Arlington Orthopedics James W. Warren, M. D., Polyclinic - Radiology Dept. Records Custodians for all health care providers Any health care provider identified in discovery Any witness identified by Defendant in discovery Any witness identified by Defendant in his Pre-Trial Memorandum Plaintiff reserves the right to supplement his list prior to trial 4. LIST OF EXHIBITS: Photographs of Plaintiff's and Defendant's vehicle Deposition transcripts Plaintiff's medical records !ME report of Robert R. Dahmus, M. D. Timeline Pleadings Any information offered during discovery Photographs of Plaintiff's scar/incision from shoulder surgery Any exhibit identified or admitted in evidence into any deposition in this case Any exhibit identified by Defendant 3 Co". " --- 0 , ---, ~ _ ".' -- ':1 . "" -,,' <. , , :1 < '-' :~ilIf-~ i , Plaintiff reserves the right to supplement this list prior to trial 5) S11PULATIONS Plaintiff's request that all medical records and bills be considered authentic and admissible. Furthermore, Plaintiff's request that the Defendant admits to liability, 6) ESTIMATED LENGTH OF TRIAL: - Two days 7) SCHEDULING PROBLEMS: - None known. 8) SPECIAL EVIDENTIARY ISSUES: - None known. 9) REALISTIC SETTLEMENT OFFER OR DEMAND: Defendant has offered $4,500 to resolve this case. Plaintiff has previously demanded compensation directly from the insurance carrier. Plaintiff's current demand is $75,000,00 Respectfully submitted, 1f:rdl. fl QCL~/~ Stephe R. Pedersen, Esquire ~ Attorney LD. No. 72026 214 Senate Avenue Suite 602 Camp Hill, PA 17011 4 ;-, , 1 ~ ",- , "':.d.C~~i , , CERTIFICATE OF SERVICE And now, this ~ day o~ 2002, I, Carleen S. Jensen, do hereby certify that I have, this date, served a true and correct copy of the within PLAINTIFF'S PRE-TRIAL STATEMENT upon each of the attorneys of record at the following address(es) by sending same in the United States mail: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street, Sixth Floor POBox 999 Harrisburg, PA 17108 DATE: I ~L{ -0:;"" ~B '.PA1 -' . Carlee '. Jensen Assistant to Stephen R. Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 I. D. No. 72026 Counsel for Plaintiff I [;' ..... JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO. 2000-6958 QUINTON VANCE, JURY TRIAL DEMANDED DEFENDANT. PLAINTIFF'S RESPONSE TO NEW MATTER Plaintiff, by and through undersigned counsel, hereby responds to Defendant's New Matter, and avers as follows: 1-18. No response required, however, in the event the Court deems any response necessary, denied. 19. Denied. None of Plaintiff's claims are barred or limited by any of Plaintiff's elections with respect to tort options. 20. Denied. None of Plaintiff's claims are barred or limited in any way with respect to the Pennsylvania Financial Responsibility Act. 21. Denied. None of Plaintiff's claims are barred or reduced by any previous payments. Defendant is not entitled to any credits and no prior payments have been made. 22. Denied. Plaintiff has not failed to mitigate damages or losses. To the contrary, Plaintiff has mitigated whenever possible the losses and injuries. 23. Denied. Plaintiff's Complaint does state causes of action as stated in the Complaint. ,. J_~~^, . 24. Denied. Plaintiff has not, in any respect, contributed to his own injuries or losses and all of the injuries and losses have been caused by the Defendant. 25, Denied. None ofPlaintitPs claims are barred by the doctrines of res judicata or collateral estoppel. Plaintiff has stated viable claims as set forth in the Complaint. WHEREFORE, Plaintiff, Johnnie Carter, respectfully requests that Defendant's New Matter be dismissed in its entirety and judgement be entered in PlaintitP s favor. Respectfully submitted, l.:eC~~ If !2JL >eAV'i- Steph R. Pedersen I 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 Attorney lD. No. 72026 Attorney for Plaintiff DATE: /;)-I'5-dJ , ,-, ,,--" J"",.-"",..,,J': . VERIFICA nON I, JOHNNIE CARTER, hereby verifY that the facts contained in the foregoing RESPONSE TO NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 P A. C.S. Section 4904, relating to unsworn falsification to authorities. 9:b:.(1J Dated, this / day of De.e. , 2000. "~-, ~J ", ~ "~<"~'", ~' . CERTIFICATE OF SERVICE Aod now, this /5i:f;. day of j)(,.c- , , 2000, I, Carleen S. Jensen, do hereby certify that I have, this date, served a true and correct copy of the within PLAINTIFF'S RESPONSE TO NEW MATTER upon each of the attorneys of record at the following address(es) by sending same in the United States mail: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street Sixth Floor POBox 999 Harrisburg, PA 17108 DATE: /2 -6 -()O Carlee S. Jensen Assistant to Stephen . Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 Stephen R. Pedersen 1. D. No. 72026 Counsel for Plaintiff 0 0 c, C Cl '" g L.'J " ""COJ 1''''1 ,- .. fnn-, C) " Z,-",., ,)~'n ~, ZC;- CD -;:,i+":::" ~-~E ~:-j ~j~:~ '.<:CJ '-0 --\~ ~o -F" l") ,,~ --0 SO:: ;~),;Ti >c: ..,...., :z 55 ::< H:> -< f' ,"~- ~ ~:r. ~ 1~<'J~IIiiiJ:':;<j ,.. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARTER .Vs. NO. 20006958 VANCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena{s) for documents and things pursuant to Rule 4009.22 STEPHEN E GEDULDIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena{s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 5/24/01 STEPHEN E GEDULDIG, ESQUIRE 305 N FRONT ST POBOX 999 HARRISBURG, PA 17108-0999 717-237-7100 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Mercedes Feeney File #: M274299 i .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARTER Vs. VANCE No. 20006958 TO: STEPHEN PEDERSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 5/2/01 STEPHEN E GEDULDIG, ESQUIRE 305 N FRONT ST POBOX 999 HARRISBURG, PA 17108-0999 ATTORNEY FOR DEFENDANT .' INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Mercedes Feeney Enc(s): Copy of subpoena(s) Counsel return card File #: M274299 '. .. - ",1'"0,, '_"" ~OF PmNsYi;VANIA" axJNl'Y OF aJMBElttAND CARTER ,Vs. .!;l'!,i' f7HeNo.'" ' .', "'iZ0006958 VANCE sUBPOENA TO PROOUCE DOCLt1ENTS OR' 'rH I NI3S FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 LIBERTY MUTUAL, 18 SENTRY PARK W #200, BLUE BELL PA 19422 TO: , (Nane df Person or Entity)' Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent.. orsE'itnlTTACDEf) ADDENDUM , "( at "I;' MEDICAL LEGAL REPRODUCTIONS~A~ess'940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the doct.ments or produce things requested ~") this subpoena, together with the certificate 6f~liance, to the party making thi, request at the address listed abo~e~.",,~_):\!l.'(~ t,pe.r.;\aht to seek in advance the rea~()()abl, cost of preoaring the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within t....enty (20) days after its service.. the P&:'ty. servjr;'lgthin ~,~a may seek a court or'de,- cx.m:>elling you to C01l>ly with ,it. ' ' TH I S SUBPOENA WAS NA/'E : ADDRESS: ISSUED AT THE REGlUEST OF THE FOLLONING PERSON: " STEPHEN E GEDULDIG, ESQ TELF.PI-(lNE : SlPRB-E OOJRT 10 1* ATTORNEY FOR: JOS l>T PP(lTIT'T' ~'T' ~KI5ETI~G, ~A 17108-0999 215-335-3212 DEFENDANT OOJRT: M274299-01 OATE:m~. d-!-l )~Q \ selll 0 ' e COurt . ~, '.. Prothonotary I Jerk' i I oi vis ion a<?~ 'p '7ijn~ r--- , , .' Deputy c..... (Eff. 1/97) " . ~ A ,;.,- :" -' ~ ADDENDUM TO SUBPOENA CARTER Vs, No. 20006958 VANCE CUSTODIAN OF RECORDS FOR: LmERTY MUTUAL COMPLETE COPIES OF THE ENTIRE PROPERTY DAMAGE AND FIRST PARTY BENEFITS FILES REGARDING INSURED CLAIM #AL83012609199; POLICY #A022817235020091; DOL: 11/4/99 PERTAINING TO: NAME: JOHNNIE CARTER ADDRESS: SSAN: 207346421 CERTU'lliD PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN <' ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Authorized signature for LIBERTY MUTUAL Date CUMBERLAND M274299-01 *** SIGN AND RETURN THIS PAGE *** ~~, '. ~ ~~itiI$ilWilllWil!i!lliMW~~m"'I.m.'ili.<bb"'P.>.-u'i"'I'd",,,,-..;,,,,,,~;~_Ili_' c ,< -". ~ . """'JfF "'!lMli.i c s -ot>- {'11l: il,;- ~~ ~~~ 2.'::, =< ~ ~ ~ >, ~ ('7"'..) '" i ~ (I; ~J: -;:::;0 :...,~ N ,...1 '-r '-I ~T\J (:i\ c{- , .-~ 1,,6 ,-,-" --' 5:; -. , ~ ~J ~ J:ii__" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY .. CARTER Vs. NO. 2000 6958 VANCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 STEPHEN E GEDULDIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). STEPHEN E GEDULDIG, ESQUIRE 305 N FRONT ST POBOX 999 HARRISBURG, PA 17108-0999 717-237-7100 ATTORNEY FOR DEFENDANT ,\,\ \ ) File #: M269353 '-\~/ \ INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Marjorie Aiken - " , .ij~";!.'"'~~" - IL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARTER Vs. VANCE No. 2000 6958 TO: STEPHEN PEDERSON, ESQ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 11/21/00 STEPHEN E GEDULDIG, ESQUIRE 305 N FRONT ST POBOX 999 HARRISBURG, PA 17108-0999 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Marjorie Aiken Enc(s): Copy of subpoena(s) Counsel return card File #: M269353 - " cnM)NWFALTH OF PENNSYLVANIA COONl'Y OF CllMBI!mAND CARTER 2000 69S8 VS. Fi le No. ORIGINAL X-BAYS ll.EQl:JBSTBD VANCE ARLINGTON ORTHO, SUBPOENA TO PRODUCE DC:lClJ'ENTS ~ THI NGS F~ DISCOVERY PURSUANT TO RUL~ ~21109 CT HARRIS"ID)'lt I 80S SIR THOMAS , TO: (N8re of Person or Entity) within twenty (20) days after service of this subpoena, yUMe ordered by the court to produce the following docunentsM t)\iI'~ACHED ADDEND ,,,. '~: .' l '-,. i ' MEDICAL LBGAL ',,!,l!"'; ,"" , "4940 RK~~ODUCYleNs. IHC~ --- (Address) DISSTON ST., PElLA., PA at You may deliver or mail legible eopies of the docunents or produce things requested h\ this subpoena, together with the certificate of ~1iance, to the party making thi~ request at the address listed above. You have the right to seek in advance the rea~.onab lE cost of pr89aring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) days after its serv~~" \:he party" s~y.ing" thiG"s~ may seek a court orde" carpe 11 ing you to c:arp ly withtt.' ". ' " '" ' " ,'" ! , . .. ". .'"'' ' -. j ~, . ',:'\<,;, , ~- !~ - ,~: \' l~tiTE~ R8~ibffi,TlfsQOLLQYING PERSON: 30S N FRONT ST ".. " TRUE COpy FROM RECORU PA ,l71.08..,O~.9~ ,lnT~S1;r~i(Jnvw!mtm,1 ~ar911nl~" r;~ ~y llano: , " ",. " , ant! !l11J S''>' 01 saili Coo i tt Call1sle, Pc.. ' Tt1:~ 1:;V 'i~iJ;SP.TTRG , , "ri~i~~~5jj3212 1l-f I S SUBPOENA WAS NAI'E: ADDRESS: TElF,PHClNIE,: , , ' ,.) . , !', SlPReE CXlURT 10.' ATTORNEY F~: DEFENDANT . ~ . BY l1-E CXlURT: , , M2693S::-01 DATE: ' jl-1t!,'()O',.,' , ,*ea}~rthe~rt: , "i !,' " ,. ,'.'.:. " : \ ,~ .;, . '.-,.':_"::" . ,~'T: i,. - ,.. ~ . :{' , ,. .,:,:- ;i" .,'.,'; .~!" , f";: ''', \ L" (Eff. 1/97) I, ~ . -,,: - ~"~ ~, ", " ' 'ji~ , ADDENDUM TO SUBPOENA CARTER VS. No. 2000 6958 VANCE CUSTODIAN OF RECORDS FOR: ARLINGTON ORmO ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JOHNNIE CARTER ADDRESS: DATE OF BIRTH: 04/24/44 SSAN: 207346421 ORIGINAL X-RAYS REQUESTED RECORDS, REPORTS, CORRESPONDENCE, NOTES, MEMORANDA, DIAG STUDIES CERTlJ!'lliD PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M269353-01 - , <nMlNNFALTH OF PF2<lNSYLVANIA CDlNl'Y OF CUMBmIAND CARTER 2000 6958 Vs. Fi Ie No. VANCE ORIGINAL X-RAYS REQUESTED COMMUNITY TO: SUBPOENA TO PR<lOl.a< DOCJ..tENTS OR TH I NGS FOR DISCOVERY ~SUANT TO RULE 4009.22 PA 17109 ON A"E HARRISBURG INTERNAL MED, 857 S ARLINGT ,v, (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo I lowing docunen~ ~~CBJm ADDENDUl\I .H; at --;BDICAL LEGAL REPRODUCT~OKS, IHe, 4940 pTAATON ST., PBILA., PA (Address) You may deHver or mail legible copies of the cloc1..mepts or produce things requested h) this subpoena, together with the certificate of carc:ll'iance, to the party making thi~ request at the address listed above. You have the right to seek in advance the reao:-.onab IE cost of pr89aring the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t\o!enty (20) days after its serv~ce, ,the party ,serving, this sl.lbpoena may seek a court orde" cx:rrpelling you to carply withit~ ' " '. '.' .". 'I' . . THIS SUBPOENA WAS NAI'E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLQVING PERSON: STEPHEN E GEDULDIG, ESQ ,n<; N FRONT ST H1dtRISBYaG', ' Pll17;l.08-09.99 215-33~":j.G.l~ TELEPHONE:' , , SlPREt'E <XllJRT 10f ATTORNEY FOR: DEFENDANT DATE: " . ','. '" ,,-n..:.l5"OO Seal of the c:ourt ' BY THE <XllJRT: {tl:~$:,~vn 0Ivl.l'" _/t1JUAi}, ~)i~ '~ty" M269353-02 ..'; , , 'r ,~ " " (Eff. 1/97) " , " .',' . '. , ~..' ; i - 6J',_" '" - ltii.i .ADDENDUM TO SUBPOENA CARTER Vs. No. 2000 6958 VANCE CUSTODIAN OF RECORDS FOR: COMMUNITY INTERNAL MED ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JOHNNIE CARTER ADDRESS: DATE OF BIRTH: 04/24/44 SSAN: 207346421 ORIGINAL X-RAYS REQUESTED RECORDS, REPORTS, CORRESPONDENCE, NOTES, MEMORANDA, DIAG STUDIES CERTll<'lliD PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M269353-02 .. _.~ !~, ~ OF PENNSYLVANIA WJRl'Y OF CUMBEmAND CARTER 2000 6958 Vs. Fi Ie No. VANCE ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOUCE DOa.J'ENTS OR TH I NIlS FOR 0' SOOVERY ~SUANT TO RlA..E 4009.22 805 SIR THOMAS CT, HARRISBURG ARLINGTON REHAB & SPORTS, (Name of Person or Entity) Within twenty (20) days after service of this su~. you are ordered by the court to prodl.lce the fo I lowing cIocunent~m t1N'M2\CHEJl .inQENDUM PA 17109 TO: . ;1 'If"j ,I, '~',\' .:' ~." MEDICAL LEGAL " ! " i l' \ .' l~ REPRODUCT~U"S, IHC,4,9tO J)IS9'1'n'lil ST.. PllILA., PA (Address) at You may deliver or mail legible copies of the docunents or produce things requested hI this subpoena, together with the certificate of' '~'liance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing the things sought. I f you fai 1 to produc:e the doc:unents or th i ngs required by this subpoena with i n twenty (20) days, after its serv~~fFj"t,h~ ..par,ty, !ser:Xi~, ~i~ ,~ may seek a court arde" OOOllel1ing you to CCJl1)1 with~!i!t.',' ," ," ,'". .' .'! '-' ""':" y ~ ,\;j:' \; I \";, --' ','" '. ,.\':', ., I ~ f '- 1:' _ " THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOtIING PERSON: NAME: . 'STEPHEN E GEDULDIG, ESQ ADDRESS: ,nc; N FRONT ST '\,T,. '" ct".", ,.. ! ~Jt'IDBUR:€'; Ji'JI' TE,lf.P,I-QlE:lk\ 'j ! ic",''.~~t~3'j'g.:.~~~;& " SlPR8'E CXlURT 10 '. ATTORNEY FOR: 17108~099,9 " TAue COPY FROM RECORU . 'If T.lttniony whel'eof. I here unto set my hanO ;;'I._mr-;~ lf~ DEFENDANT BY THE CXlURT: M269353-03 OATE:' "'," ,'1:1,:", !. ,1'\1\ ".', j'" "1.. "'{.""_~~' ea" of'the"Odui"t ,....',.,,'. ,., , ,'.. . ,'.. \'t~ ~j , . . f .' ''':'! i : ',. ',' :~ ,~' '/" I . -~-:r ; ~" ' ",.'>-' . -,;, : ~-, i, t -~. -i'" t:., '. ,~! .\ Cf'; i" ,t ~ ",~ \ ., .\ ":1 ,', .1 " (Eff. 1/97) ! ; I;" . ': . :' ';;" f ~-.,', " ! , ! ;, : 1! .[, i . " . \ I ~ "'"''''" '. ~~ , ' ".l" ._ "-'"~""':'-"j, . ADDENDUM TO SUBPOENA CARTER VS. No. 2000 6958 VANCE CUSTODIAN OF RECORDS FOR: ARLINGTON REHAB & SPORTS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: JOHNNIE CARTER ADDRESS: DATE OF BIRTH: 04/24/44 SSAN: 207346421 ORIGINAL X-RAYS REQUESTED RECORDS, REPORTS, CORRESPONDENCE, NOTES, MEMORANDA, DIAG STUDIES CERTJl<'lliD PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M269353-03 ,^,.' - . ....' .'" " -'- i:, ( ; , ~ bF PFIlNSYLVANIA ~ OF ClJMBmUlNl> CARTER Va. VANCE ': 2000 6958 '-'-1 , Fi Ie No. , , ";'", ,I!' ,I :,' . , ORIGINAL X~RAYS RBQUESTED , ' SUBPOENA TO PRODUCE DOC::U'ENTS OR THI NGS FOR 0 I SCOVERY PURSUAN'TlO RULE 4009.22 , '. HARRISBURG PA 17110 'POLYCLINIC HOSP, 2601 ~E~~IRD ST, TO: AT'rN' MF.DICAL RECORDS , (NII11ll of Person or Entity) ,1, " Within twenty (20) days after service of this sUbpoena, you are ordered by the court to produce the following docunen~ 1\WAClIEP ..\nuE.NDUM '.'> . ~ ',', I " ~'l';; \ _',: "i : at MBDlCALLBGAL RBPRODUCT~U1'lS, . , .'.;':. ' ~., ,:>\. '. ,I ;, 1':, ,_ '. .;~_~ ~ " INC, 4910 D:i:Sa'l'nN (Address) T P"ILA. ,. 'P.!'- S ., .. You may de1ivEl"'"or ;f(I8.il1egible cdpies !of':the '~1;,s or Pl"oc:Iuce things requested hI this subpoena. wgether with the certlftcate of 'd:i1ii'l'iance.' tothepartymakin9thi~ request a~ ,the ~4<tess listed ~ve. ' ,Youhave the r;ight ,to seek in advance the reao;onabl~ cost of prll9aring the' copies or producing the things sought. ' If' you fai 1 'to produee the docunents or things required by this subpoena within twenty (20) l1ays aft~' its1 S~~C~ti !:~~ P8f~Y:"is~rirg"~~i5,!,,S~ may seek a court orde'- ~'~'. llilg you .' CCJlll ~ Wl"':l>" l' i: ,:,.,',; ','!'j'"" THIS SUBPOENA wAs IssuED AT THE REQUEST OF 1l-E FOLLQ\lING PERSON: NAIE: ' ' STEPHEN E GEDULDIG, ESQ ADDRESS: )05 N FRONT ST" " 1 """~is:BuRO. PJl'l 7l-081~;0999 TELf.~e:' i.. SlJ'REI'E caJRT ATTORNEY FOR: .;';~ ! I,'"." 'fj'_[":' {'{i\'. ,(fit 'l 215-335-321:.l 10-# ,fAUECOPV FROMRECOAU ,,,fIlltmonvWlW_.lhere._myhanO '~~~ , -.- - DEFENDANT '.',' ',il}...., ;Dv ','"i .'.,t.," M269353-04 i \ ' ",-', j , < :, 1 i: --1 II: -',:;;-'1", i, _l:~ l! f, "'I ....' ,\': , 'r'''''-':rt~t(;'" ' ,"; '\ 'r'~' " ,~ ! :-(' i ~" . ',', ,,' '.< " " "~\ " \. 'U~ . , " ',"'; .. ::)Oi'. -~ ': ~ " ; "'~,I' : -:-; '<],": -~;'"" '"],,.".1, '1':, " '.'11-1" , , ';I:~ ~ "h (Eff. 7/97) , , ",~ : '::)f;;!<>;-~jJ, f\";~;, ;').'1 ;--; ;;." I' , . - "'1"" . J i --~<J<.l, ADDENDUM TO SUBPOENA CARTER Vs. No. 2000 6958 VANCE CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: JOHNNIE CARTER ADDRESS: DATE OF BIRTH: 04/24/44 SSAN: 207346421 ORIGINAL X-RAYS REQUESTED RECORDS, REPORTS, CORRESPONDENCE, NOTES, MEMORANDA, DIAG STUDIES CERTlllED PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. County of: CUMBERLAND MLR File #: M269353-04 - ,\\ ~;' , 1,:,':'1.: t"_" ., ,'" ; , ~ i . ~'rH OF PmNSYLVAN:rA ~OF~,' ",.'!',\;. CARTER Vs. ., , ~OOO, ,6958 ',\," , F; le No" VANCE j t. . SUBPOENA TO PROOUCE ooa.telTS OR THINGS FOR 0 I SCXWERY PURSUANT TO RULE 4009.22 18 SENTRY PARK W, BLUE BELL PA LIBERTY MUTUAL GROUP, 19422-1128 TO: (NlI1lEl of Person or Ent ;ty) Within twenty (20) days after serv;ce of thb subpoena, you are ordered by the court to pr"()QJce the follOtf;l'l9 docunent~:mt.lJi"":ACB:F.n AlIDENDUM " . . "~I,: " . l~';' 'I ,', J' 'I <',,' I,,' ; \;' __ . ,_, '''I _' , IUe, '940 DTARTON (Address) ST., l'SILA., ,1'~ at MBDICALLBGAL :R.Bl':R.ODUC'.t .LOlliS, I , ' l ' You may' deHver ,or ~i1' leg;ble coPies of the ~ts, ~ 'produce things 'requested b, this subpoena" ,t0gether' ydth the certif;cate 'of' 'cdtl''1';anee, to the partymakin9thj~ request at , ~ addr~" Hsted above. , You have the r;ght t<? seek ;n advance the reao;onablE cost of pr89aring the cop;es or producing the things sought. I f you fa; 1 to produce the docunents or th;ngs requfred by th;s subpoena with;n twenty (20) days after ;tss~vi~,: ,..t':'~party ,sl!l"vin~. "..1il:l;:; ,s~ may seek a court orde'- ocrrpel1mg you to CCJl1)ly w1th "t.." " '" . ',; , , -.,;" i ,. !.'. lH I S st.ePOENA WAS NA/'E : ADDRESS: ISSUED AT THE REGlEST CE THE FOLL0tV1NG PERSON: STEPHEN E GEDULDIG, ESQ )0<; N FRONT ST' " ~i13DURQ.PA' 17108~0999 "i. , TRUE COpy FROMRECORU In Testlmonywllereof, (hereuntosetmy hano ,~, ~~..I'IIS1t,.Pa." ,.lj~ ,-' \' . I" , " .:'i . , TELEPH:lNE: StJ>REI'E CXlI.RT 10. ATTORNEY FOR: , 21S-335-3:.&J,;& ;:(, -~ , . "DEFENDANT, BY 11-E OClJRT: M269353-05 . '.. ",tIC:, AD' DATE:" ~', !~ !.~, of' tfieeour~ " ' 'I , , ,: ' (Eff. 1/91) I ,"~'~Lc'_",_". <' <, - "\(, . ADDENDUM TO SUBPOENA CARTER Vs. No. 2000 6958 VANCE CUSTODIAN OF RECORDS FOR: LmERTY MUTUAL GROUP ENTIRE FIRST PARTY BENEFITS FILE REGARDING JOHNNIE CARTER. POLICY #A02 281 723502 009 1 PERTAINING TO:' NAME: JOHNNIE CARTER ADDRESS: DATE OF BIRTH: 04/24/44 SSAN: 207346421 CERTll<l~D PHOTOCOPIES OF THE RECORDS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M269353-05 . ~ '! . 1 i ~~~~--"",.....,.~ , i \ I;' CCJoMNIEALTH OF .~' a:xJm'Y OF cmmmLAND .. , ' "'j. CARTER, ' 2000 6958 VB. File No. VANCE, SUBPOENA TO PRClOIX:E DOCl.tENTS OR TH I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 5021 LOUISE DR, ' MECH1\NICSBURG PA , LIBERT,Y MUTUAL GROUP, TO: 17055 (Hane of Person 01" Entity) Within twenty (20) days after s<<-vice of this subpoena, you are OI"dered by the court to pr~ce ,the following docunen~ iWAciiEn ADDENDTll" ',' 1 , ' ',,,:, ',11:' -,' I ,_-;,'~ \ ,"+ .. '; "..1:--; :X.'. at I"~ ,j,;' '! .,.," ONS 11{"'- .ullO DISSYaN ST; , MEDICAL LBGAl. B.ZPB.ODUCTI , (A~ess) You may ,deliver 01" mail legible copies of the docunentsi 01" produce things requested b, this subpoena. together with the certificate of'b:rrc:llianee. to the par:tymaldrig-thi~ request at the address listed above. You have the right to seek in advance the rea~.onable cost of preparing the copies or producing the things sought. U11.'I. i itA. I f you fai I to produce the docunents 01" things required by this subpoena within twenty (20) days after its serv~ce, the party, s,erving,..,j;hi$~a may seek a court orde,- c;arpel1ing you to CCfl1)lywith'i.t., ' , ",'" TH I S SUBPOENA WAS NAI'E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLONING PERSON: , STj;:PHEN E GEDULDIG,ESQ' . '30SN FIl.OWT' ~'1' ' ,,"ie'" ".,,,i,, '~16~uttG, 1'1.. TE\..F~t:t:)NE:.jt-"- """"'1~."'!~1"1""\"\ :1_..-,'-..",\, " Slf'REt<Ecxurr 10# 215-335- 3212 ATTORt!EYFOR: 17108-'0999 , ., TRUE COPY FROM REOORLt . "lriTeitlmonywber.of.1 here unto set my hand .;,a(l~ " QI;~; . 'af:Carllsle.'Pa'. '.' T Y i,"i'. , 'DEFENDANT BY THE CXlURT: M269353-06 DATE: . --. Il-f0: (J{y :Selll'of;~e'~l"t ' ,; (, . ,: ",,:^,.. '-'," '", '::n .:-i" ,..'(;:. ,i I": '" i" 'i--' t.,' (Eff. 1/97) , ; , . : ';;,l~' ,t :' .\ "" , ; ~ - ~- "' - r ~~,.l" , AODENDUM TO SUBPOENA CARTER Vs. No. 2000 6958 VANCE CUSTODIAN OF RECORDS FOR: LIBERTY MUTUAL GROUP ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: JOHNNIE CARTER ADDRESS: DATE OF BIRTH: 04/24/44 SSAN: 207346421 COMPLETE COPY OF ENTIRE INSURANCE FILE(S) REGARDING INSURED, JOHNNIE CARTER. POLICY #A02 281 723502 009 1 CERTIFIED PHOTOCOPffiS OF THE RECORDS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. County of: CUMBERLAND MLR File #: M269353-06 ~':tji!liJiW ""....:.~{!r~ii~~~jlJ;ltili;il;;i;!~"'i\","~j_,'J,:;.i'~!),","'".'-d".i" ,_;m-,_'li!'i_"'lf<,-"_~~W.~-,,",_:~;p.-""".' '","' _^C~<, ~"~~~~~H, "~" H__ _'~~.."'.._~'. _~~_'~.','"~.r^, W,,"~ ..L ~ . ~,.,~,,~, ,"_ ~h II~ . 0 0 r' C C:;. '.",'~' I ..;:- r-l 1:'; ,-,". "'1 ,~' " nc cr~ ",-"j ., 2'. ;z l "" ~. (J-' -, -< ~ '~., : :",':E> c: -",~ 2: _""w )> e, '-C \.,_.. ':..::: ""'~., .. ) :J": -1 ::=tJ -< , 0 -< ,~, 1 , " . ".-!--, 'c_,':,.....:. ",,', ~;'l. -~ ,,~"""'<,~.,:;:;;;',:- JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-6958 QUINTON VANCE, DEFENDANT. CIVIL ACTION - LAW JURY TRIAL DEMANDED STATUS REPORT OF WITNESSES PURSUANT TO INSTRUCTIONS FROM COURT Plaintiff, by and through undersigned counsel, advises the Court that the following witnesses will appear to testify live at the trial in the above-captioned matter on Wednesday, January 30,2002 and Thursday, January 31, 2002: 1. Jamie 1. Hettick, M.D. Hettick Internal Medicine 4319 Londonderry Road Harrisburg, P A 17109 (Fonnerly with Family & Internal Medicine Center of Union Deposit) 2. Steven E. Morganstein, D.O. P.R.I.S.M. 450 Powers Avenue Harrisburg, PA 17109 (Fonnerly with Arlington Rehab) 3. Thomas Pietras, D.O. Community Imaging Associates 3508 Trindle Road Camp Hill, PA 17011 4. Rex A. Herbert, M. D. Arlington Orthopedics 805 Sir Thoms Court Harrisburg, PA 17109 J By V,-J.b f"p€- I/Zp ..I {.'PO /,''1'\. 1 .-' I" . " - " ,- ", ,,~ ~, ' ", . ,- ,ri"F, . 5. Michael ScWude, P. T. Arlington Rehab & Sports Medicine 805 Sir Thomas Court Harrisburg, P A 17109 Respectfully submitted, ~~ If (J)~ Jd~ Stephe R. Pedersen DATE: I-If-@-.. 2 ./ . {( ", "_'0' ~'" ' ", "," ,- ,,-, " . C'.- ~_, _', ,j, ,.-' ,. ,.,{- ~C< ,';j ,- '" ' --", . CERTIFICATE OF SERVICE And now, this /(IJ>.....- day of ~. ,2002, I, Carleen S. Jensen, do hereby certifY that I have, this date, served a true and correct copy of the within STATUS REPORT OF WITNESSES upon each of the attorneys of record at the following address(es) by sending same in the United States mail: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer 305 N. Front Street Sixth Floor POBox 999 Harrisburg, PA 17108 DATE: (-/ (~O:2.. a~~ Car~e ~nsen Assistant to Stephen R. Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 1. D. No. 72026 Counsel for Plaintiff PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (x ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (eIrtire caption must be stated in full) (check one) (X ) Civil Action - Law ( ) Appeal from Arbitration ( ) JOHNNIE CARTER (other) (Plaintiff) vs. i',"'The. trial list will be called .on December 31, 2001 "and. . QUINTON VANCE .." - .. ''I'rial~ COmJ:iieIiceon January28, 2002 (Defendant) """...., , , ...J:'itiiti'iii:ls wIll beheld on . '(Briefs ,areduii' 5 days before pretrials.) (The party listing this case for trial shall provide fOJ:1:hWith a copy of the praecipe to all counsel, pursuant to.1ocal Rule 214.L) vs. No. Civil 2000-6958 Indicate the attorney who will try case for the party who files this praecipe: Stephen E. Geduldig, Esquire, Thomas, Thomas & Hafer, LLP, P.O. Box 999, Harrisburg, PA 17108-0999 Attorney for Defendant Indicate trial counsel for other parties if known: Stephen R. Pederson, Esquire, 214 Senate Avenue, Suite 602, Camp Hill, PA 17011 Attorney for Plaintiff This case is ready for trial. Date: ( O{1.S(o f Signed: ~ Stephen E. Geduldig, Esquire Attorney for: Defendant, QUINTON VANCE :147076.1 ,,-.~ ~-' . ~;,-,,,,.,.", ;~ "" " ,'-'"-,, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, J~ day of October, 2001, on all Pennsylvania, on the counsel of record as follows: Stephen R. Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, Pennsylvania 17011 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP Step :111640.1 >'''...--,,~~,",-- 0 .-,,,'~'";- >-'" ,_ ~ ,__ _>>. ' w - ' ii.o;'i ,;: -, ~ '.........~ :'.d"";',-,~~ - ." '.o-"1il~'~Itl.illliia' ^_. "~.. """",~''''', 'c':'< ...."'<-"~-i11111i1lii1 ,--,-, -, .,,~, ~,"',." ., ',,~., -",""".'<!"",- ,,^.. , ,~., ~- 92[~' tfj ~;--~ ~{~~ ~~ z =<! .. ,,_.,..,._- ,"..~__",~., ,,_,..A_ ~~ c,' ... .,_. o 0 C 'I i! Ii I' ::1 I [I Iii Ii Ii F I C~ c, ---< 1'.) <D :'"2 r- . ~M , ,~. - < - I J1g._ ~~" ~ l_-~"'o;t:,,~! JOHNNIE CARTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, VS. CIVIL ACTION - LAW NO. 00- 1:.'1SJ> Cud'-r~ VANCE, QUINTON, JURY TRIAL DEMANDED DEFENDANT. PRAECIPE TO CORRECT CAPTION TO THE. PROTHONOTARY: Please correct the caption in the above-captioned matter to read "Vance, Quinton" instead of Vance Quinton without the common. Vance is the last name and Quinton is the first name, ~r4'~tf ~A ~~ l?~ Stephe R. Pedersen - f DATE: 1t?-11-tJO .- _c . c~ ;1 , ,;~ ;~, '< _.;-.:\ ",:~c,;'-..>,': :'\-"",,~~ ;---':rr~'-:' .. Stephen E. Geduldig, Esquire Attorney I.D, No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendant: QUINTON VANCE JOHNNIE CARTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6958 CIVIL ACTION - LAW QUINTON VANCE, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Vance Quinton, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: :111622.1 STEPHEN E. GEDULDIG, E Attorney I.D. No. 43530 Attorneys for Defendant, QUINTON VANCE . . .eo,"-' " ,,--, , " ~c< '" . ,',-; '0' -'->"-'- , ~;!",.,' 'e'''l ,.;, ",' " ,,~';0-';'~ "':..<,.;",,.-:, ,t ';"~ ." """! . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, pennsylvania, on the ~~day of October, 2000, on all counsel of record as follows: Stephen R. Pederson, Esquire 214 Senate Avenue Suite 602 Camp Hill, Pennsylvania 17011 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP :111640.1 ,,', -'> . . ......... '. "J "'A-'- ~,-;.,,;~~., ,_",_~ ,_,,". .. ,'~_, ~'" _,,__"..~,"""<,,_~n^ '-",~'", "-'-'-t~"',C''')'~r-':.c''"'';;ti!'r.' '''J',,'' ~ -~ ,.. ~ >. ~ -, ~" ,."^. g <:;:> (:J c::> .. $: <::> .,,{ ~g] '-' ."" -i ft:1.p N ->''jr;'"j ~,~ -.l :j)y r::E; ~ 5l~~ ;,::: ~O - 2(') 5>8 ~ OfTl -; Z <=> SJ =< N -< y ,~ ,~".c" ,,' J.. ,-. J,,',~ ._>~."""~, ~~~ ~__ L ~.~ ~" ~~: .. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-06958 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARTER JOHNNIE VS QUINTON VANCE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: QUINTON VANCE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, pennsylvania, to serve tbe within COMPLAINT & NOTICE, PREAC On November 6th, 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge DEP. DA1JPHIN CO 18.00 9.00 10.00 25.50 .00 62.50 11/06/2000 PEDERSEN & S~: ,. ~ R. Thomas ~line Sheriff of Cumberland County ~ PEDERSEN Sworn and subscribed to before me this r= {'--' day of ~"M' L. , d-O"O't'1 A. D . C)"ff.L-/ (2-)n, Pf" . A2p; Prothonotary Ii'-= - - ~~." ~" .L__ ..-..;k..."'''''''''_fc''..e' . @iiite of tlr~ ~4~t'iff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Peunsylvania 171 0 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CARTER JOHNNIE vs County of Dauphin VANCE QUINTON Sheriff's Return No. 2399-T - -2000 OTHER COUNTY NO. 20-6958 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for VANCE QUINTON the DEFENDANT named in the within PREACIPE TO CORRECT CAPTION NOTICE 7 COM and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 31, 2000 DEFENDANT MOVED FROM 1613 N. 2ND ST., APT. 3, HBG. OVER A YEAR AGO PER JEN HOLLISTER, NEW TENANT. , (, r!-. l fJ~ PROTHONOTARY So Answers, ?R~ Sworn and subscribed to before me this 31ST day of OCTOBER, 2000 Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $25.50 PD 10/20/2000 RCPT NO 142487 '-l i" " '';'-'1 In 'The Court of Common Pleas of Cumberland County, Pennsylvania Johnnie Carter VS. Quinton Vance No. 20-6958 Civil Now, 10/19/00 , 20 C () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plain, tiff, " o/zI!' " ' ~~~."~;f "'f' ..-; ,. Sheriff of Cum her land County, PA Affidavit of Service Now, ,20 ,at o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 '- COSTS SERVICE MILEAGE AFFIDA VIT $ $ . PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA JOHNNIE CARTER, vs. CIVIL ACTION - LAW NO. ;)0 '.- (oC(SB JURY TRIAL DEMANDED VANCE, QUINTON, DEFENDANT. PRAECIPE TO CORRECT CAPTION TO THE PROTHONOTARY: Please correct the caption in the above-captioned matter to read "Vance, Quinton" instead of Vance Quinton without the common. Vance is the last name and Quinton is the first name. ~r-r---tl & ~-" ;;,~ Stephe R. Pedersen - I DATE: /()-f1-oO "'''<'''''''''1_ ~ , I :"~- '~> " ~, ,-,' ,~ - ><.'--. ,"- ;'i!l JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO. 20 - 1.0 QSf3 V ANCE,QUlNTON, DEFENDANT. JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 118 North Eighth Street Lebanon, PA 17042 (717) 274-2834 TRUE COPY FROMRECORO 1ft Testimony wbeleof,t ... untD.. m, hand and.~~, saId~.t'a. rhl~ ,', , c.- , - ;.r;rp.. . ~ ?1)1, ~ . ,Prothonorarv ..' , , ',)" (J; " JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO. VANCE QUINTON, JURY TRIAL DEMANDED DEFENDANT. NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en las corte en forma excrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LIEVE EST A DEMANDA A UN ABOGADO IMMEDIA TEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SER VICIO, VA Y A EN PERSONA 0 LIAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUSENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUECE CONSEQUIR ASISTENCIA LEGAL. Central Pennsylvania Legal Services 118 North Eighth Street Lebanon, P A 17042 (717) 274-2834 .~ JOHNNIE CARTER, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. VANCE QUINTON, JURY TRIAL DEMANDED DEFENDANT. COMPLAINT 1. Johnnie Carter ("Carter"), is a resident of the Commonwealth of Pennsylvania, and an adult individual who resides at 1518 S. 12th Street, Harrisburg, Pennsylvania, 17104. 2. Defendant Vance Quinton ("Quinton"), the driver, is an adult individual and resident of the Commonwealth of Pennsylvania who resides or works at 1023 Mumma Road, P 0 Box 900, Camp Hill, Pennsylvania 17001. The vehicle was owned by Juliet M, McLaughlin ("McLaughlin"), the insured, who is an adult individual and resident of the Commonwealth of Pennsylvania who resides at 1613 N. 2nd Street, Apt. 3, Harrisburg, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about September 29, 1999 on or close to the 4400 block of the Carlisle Pike, at the intersection of the Carlisle Pike and St. John's Church Road, Camp Hill, Pennsylvania. 4. At that time and place, Carter was operating his vehicle in a southbound direction on the Carlisle Pike. 5. At that time and place, Quinton was also operating his vehicle in a southbound direction on the Carlisle Pike, behind Carter's vehicle. i" " -, "-",-.,,- '..'-- ~ " ~ '-"","" .~ ' 6. At the stated location, the Carlisle Pike is a two-way, two-lane roadway with one lane of travel northbound and one lane of travel southbound. The intersection at the Carlisle Pike and St. John's Church Road is controlled by a traffic signal. 7. Carter was stopped at the red light at the intersection with approximately 8 vehicles in front of him also stopped at the red light. He was stopped with his foot on the brake when Quinton hit him from behind. Quinton was traveling at approximately 25 to 30 miles an hour at the time of the accident 8. Since the automobile accident, Mr. Carter has experienced pain in his back, and numbness and loss of sensation in his arms. Carter presented himself to Dr. Jamie 1. Hettick, M.D., who ordered x-rays and prescribed medications that he has taken regularly since the accident to control the pain. 9. Carter was also referred to the Arlington Rehab Center and Sports Medicine, 805 Sir Thomas Court, Harrisburg, Pennsylvania, where he has undergone, and continues to undergo, physical therapy to control the pain from his injuries. 10. The foregoing accident and all of the injuries and damages set forth in this Complaint sustained by Carter are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Quinton operated his motor vehicle as follows: a. failure to keep alert and maintain a proper watch for vehicles traveling along the highway; b. failure to keep proper and adequate control over his vehicle; c. driving his vehicle upon the roadway in a manner endangering persons and property in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, ;___3; .. . 11. By reason of the injuries sustained by Carter, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 12. Because of the nature of his injuries, Carter has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Carter has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of some oflife's pleasures and enjoyment, and claim is made therefor. 14. Carter continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries are of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 15. As a result of the aforementioned injuries, Carter has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 16. Prior to the accident, Carter was retired at the age of 55 from AMP. Carter obtained a commercial driving permit in order to become a commercial driver. Following the accident, Mr. Carter realized that he could not hold the steering wheel of the commercial vehicle and could not shift the gears due to the injuries he sustained in the accident. Carter anticipated that he would earn $32,000 a year as a commercial driver until he reached the age of 62, at which time he intended to retire from commercial driving. His social security and retirement from AMP would not have been reduced while he was a commercial driver. 17. As a result of the aforesaid accident, Carter has sustained monetary damages including, but not limited to damage to his vehicle, and claim is made therefor. , I - _,_ '", ,-,,' _", ~,<,^~, _I "; - ,,',,-('oj .. . WHEREFORE, Plaintiff Carter demands judgment against Defendant Quinton in an amount in excess of$ 35,000, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, Respectfully submitted, DATE: 7/.1.<f/oo ~~, 1. D. No. 72026 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 Counsel for Plaintiff -"~ '.... . ,,' -', , j -, - <, ~ " VERIFICATION ~ ,'. , i&,j I, JOHNNIE CARTER, hereby verifY that the facts contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief I understand that false statements made herein are subject to the penalties of 18 PA. C.S, Section 4904, relating to unsworn falsification to authorities. ~. ! , ~t! J9 nnie Carter Dated, this I c::; day of 5 e -f!T", 2000. &~ ~ c;;~" r:"~ ~ "-i " ,~ . o ~ ~ .~ ~ ~:' ~.,-, OCT j c , I i' I~' _,,; ~., ~, ~ , -~ . .,~, -~ ., .J J , 'i~~';LrF '.'J :-Y ..,' ,. <~~',c-~ ,~ ~," ~ ,~o ,,,,,,,,.~","" -, c ,,". ~ ,_, "m, ", ~, ~ ~'.., ,~~"~~_ 1!I!Il!I!I'~__".,~_,,_d!lJ~U,;,::II!ll~""I1"">$'!,!\~,N~It_~'" < "1, ,,--~~~~"1 -'. ,<.,,,,--,,,,,~,,," ',," - "'- ~ ~ ~ I:i=i~ 1'1, t~- ",'r__. . "~ ~l,o ''-'':.' - '" , JOHNNIE CARTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA QUINTON VANCE, Defendant : NO. 2000-6958 CIVIL TERM : CIVIL JURY TRIAL VERDICT State the total amount of damages Plaintiff Johnnie Carter sustained as a result of the negligence of the Defendant Quinton Vance. DATE: t /, I Jt!) 2.. TOTAL $ "",~C.\.f ~4.~-1LR FO~ADY/FOREMAN "r._ >"..,,;;;,', . . Cou..\a.. ~< flc~>- t\.c.. -6-,-.,.,.... \,'... e. ... ~ " ("'Cv,' -e~ S .......~e-~y . it '"' "!~C _ .'d'i'J. ~..,G\ olQ-bc.~ ...f- e'Mp\"y ~e",t ? - ~ '.,. CASE NO.: i~ CartQr- DOCKET NO.: () () - (p Cf5'ff (' \ v', I ,~. " ~ -6 If) ii i"'t ~]:--- 17 ~ S' __ ] i~ ~~o ~:2 0" ~,,"-l ') /~ - 0<::: C'6 28 ::9 VS (fa()C-e.- Juror # Name 144 60 " " ,+ 1Il6u _~...m_~ ~-,J t 3\0'\ w,,,/ . Auk".,,&b;\e.. F;.'ll~~ Fr>l:lttv ( / !JUdge _ ClerklProth XTipstaff _I COURTROOM NO.: 67~ DATE: 1- .1!?'O;< Random No. ,l!SlO~~~ , . Pllncall,William E _ ~.J.#_._ ~, T~JI_~..",1t' In_ "" _YYB!~~~_E~'al_A A -~132746572 1'Jl!lJ8389ll. ulll3;!31993'r -162614l!f!74 - ~<MU?_~f!_8S ____.:"~M().L~~~ -lUl ~~~_:tO _6~llJiJ:"JI"R::l_ -50l)~100 -36i:7426~8 -31:2!l~6443 -11)53,5496 ]"?()_~~~C 9!),,75706 ~J31~.UU 411411411398 680694255 , 7-28~1l~ -'9~lM968 9084J"SlllJ 9351043,1L 11113110152 .Uf!s3451187 1136i1U91~ , ~O'j~ P-j P-Z- J?.-3 0-3- UJ - L.. p-( p-~ VJ~y D.J P-5 p- (" 11>/:;(691)84 ,~ , 1794~(I6!).!!_n 18971)'71673 1')3.0111978 2025141995 7 !J~~_ -~.. '6, 15~ ll' 9 .73 132 ,.8f! 34 i" '. _ _ _fJ i ,4 _t~J. G \i '7 63 .m,. U 122 9 uu.130 143 J~__d___ _ -114 92 uS 115 91 1\'llllllma,l\'I.lItthew J (!J~~~~" It~~:}__ d 'f'1~.fill!~...,_-^~~J~ I.. , _M()we.!!"Kennelh~.. _;HI ~.kI,--.<-1.dIbv..., ~ m"'llt. Ron"l!! V Filson, QOllllllL MePhers'<>l1,l'lepbanie A F'aglle,I\t.icbaeIJ " ~9dit~I~!"~I,lu.I?_l\J __ ~7 .Kllnkel, .JlIllelJ\ _~i!...I!..~_._~_~~~~I,_ '_hi ~dbl:; (;___ _4I!y,Sancll'liJ.. , BOI1Is,Ere<lerickW ~.u_~~P~J~~~~'-.!!!l_~ _ ___~~_9","l)\=~_,J\~u: __ _.J'iJler, AJltIlI!: >>()~ler, W!'llJlyl' TIlll.I!l.ey, Jobll Jt , . .Wille,lUJ'l111r!!K _ ~Q""_;C!ln\ _T Q~ef' _ ~~I...~U~ la_.mr llif_ . _Franl!e. AnJ!.r(!wW Ritter,<:;risji.!!e A l'ell~J;jnny E <:;I'llft, GeolJ(!' WlI , ~", ,j i , "".-~ -jl'Ol;.~ STEPHEN R. PEDERSEN, Esq. Attorney I.D. No. 72026 214 Senate Avenne, Suite 602 Camp Hill, PA 17011 (717) 763-1170 Attorney for Plaintiff: JOHNNIE CARTER JOHNNIE CARTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, vs. NO. 2000-6958 QUINTON VANCE, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned docket settled and satisfied, with prejudice. Respectfully submitted, ~L n~~ Step en R. Pedersen, Esq. DATE: 3-/'I.-O:;l.. """'", , CERTIFICATE OF SERVICE And now, this !(j0--dayof rf) n.)." 2002, I, Carleen S. Jensen, do hereby certify that I have, this date, served a true and correct copy of the within PRAECIPE upon each of the attorneys of record at the following address( es) by sending same in the United States mail: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 N. Front Street Sixth Floor POBox 999 Harrisburg, PA 17108 DATE: ,3-1 f-IJ;). ~MW Carl S. Jensen ' Assistant to Stephen R. Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 I. D. No. 72026 Counsel for Plaintiff -'=,.~ ,,", '. '",,'.:i."-'il;j'f"'lliiIIiliI~lI<l~jlJdll~~. ~ "w~~' ,~",' "'~'" ~d_"" ~ , "--~. ' ~"'..~"~'~>~" "'''~~"'lWII ,~' "', 'i' ~,""" . ,-"-" '~"'"-' ^ ~ ,-' ,"" ~~ ""i'~ '^'<".',- o C ..or'" ?2ft S2~-:; [.:"'::(" ,; ~~E; :tc :"1 -< ,"' ," '" - (" c;:-; N ",--:,,, :)J u:J --,-, w ~;~;~ ---.:::: => en '[ ;~~ I I: I: Ii , , - ~ i-I I': i ~ ,I I I , - ~ ,~ r'" - , ^V,~. ~ _~._ i ' '~ -1'.-. ~ -. " "" ",~,,", " ""'~ -_ ~ ",_ ,-. ,-', " .,:. ,"-,,- ., I" .J, . ",- e,-- _,,,,,ao;,'''',;','l-'_'ok'ci''''.'-,,_-.._ -_ , ~ _ .~'.o \~; THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW MAR 6 - 2002 JOSEPH P. HAFER JAMES K. THOMAS. II ROBERTSON B. TAYLOR JEFFREY B. RETTIG p~TER J. CURRY R. BURKE McLEMORE, JR. EOWARD H. JORDAN, JR. C. KENT PRICE RANDALL G. GALE DAVID L. SCHWALM pETER 1. SPEAKER DOUGLASB.MARCELLO PAULJ.DELLASEGA SARAH W, AROSELL ELlGENE N. McHUGH 305 NORTH FRONT STREET SIXTH FLOOR P.O. BOX 999 HARRISBURG, PA 17108 (717) 237-7100 FAX (717) 237.7105 WRITER'S DIRECT DIAL NUMBER STEPHEN E. GEDULDIG KAREN S. COATES TODD B, NARVOL JAMES J. DODD-O DANIEL L. GRILL JOHN J. McNALLY, m KEVIN C. McNAMARA BROOKS R, FOLAND JONATHAN C. DEISHER JOHN fLOUNLACKER JOHN T. HUSK IN, JR. MICHELE J. THORP STEPHANIE L. HERSPERGER HUGH P. O'NEILL. m w. DARREN POWELL LAURAJ,HERZOG DRUMMOND B. TAYLOR DEREK D. BAHL KIMBERLY A. BOHLE MARK J. POWELL OF COUNSEL JAMES K. THOMAS (717) 237-7119 E-Mail: seg@tthlaw.com March 4, 2002 The Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 RE: 'Carter v. Vance Cumberland Co f;~6 Dear Judge Guido: Please be advised that the Plaintiff in this matter has decided not to appeal the verdict in this case. I am writing to request the return of Dr. Robert Dahmus' video deposition which was introduced at trial and marked as an exhibit. May your court reporter return this item to me at this point? Thank you for your assistance with this matter. Very truly yours, Thomas, Thomas & Hafer, LLP By: ~ Stephen E. Geduldig cc: Marylou F. Ward (Claim No: 33608526303) . . LEHIGH VALLEY OFFICE: 3400 BATH PIKE, SUITE 201, BETHLEHEM, PA 18017 (610) 868-1675 FAX (610) 868-1702