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Home My WebLink About00-07054 ,\< ',. ',':'" , "ii - $ SEP 0 4 2002 VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v 00-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Friday, August 16, 2002. In this motor vehicle case, James H. Rowland, Jr., Esquire, represents the plaintiff, and Jefferson Shipman, Esquire, represents the defendant. It is a rear-end traffic collision at a traffic light on Route 11 at the intersection of Route 114 in Silver Spring Township. Plaintiff's vehicle was stopped at the traffic light when he was struck in th~ rear by defendant's vehicle. Liability is admitted. : Plaintiff claims soft tissue injury which resulted in significant medical treatment by his chiropractor, Doctor Joseph Stynchula. Plaintiff was initially treated by Doctor Becker, a chiropractor in Mechanicsburg, for approximately three months after the accident. Doctor Becker will not be part of the trial proceedings. Plaintiff treated with Doctor Stynchula for approximately three to four months after his treatment with '- ",,-,; ~ij~1 Becker, and those treatments started approximately nine months after the accident. At some point thereafter, plaintiff moved to Philadelphia where he has continued his chiropractic treatment with yet a third doctor. Deposition of Doctor Stynchula has been taken for presentation at trial; the trial judge may have to rule on certain objections made to any of Stynchula's testimony that refers to treatment by the subsequent chiropractor in Philadelphia. Liability is admitted by the defendant; however causation is seriously at issue. Trial is estimated to take one to one and a half days with four challenges to each side. Plaintiff's counsel has brought to the Court's attention that he has two trials in criminal court in Dauphin County which is the same week as Cumberland County. The Court requests Mr. Rowland to stay in touch with our court administrator to keep us advised of his commitments in Dauphin County so that we can keep this case moving ahead on the trial list. By the Court, "'> "','/i " , '--"'''1 . James H. Rowland, Jr., Esquire 812 N. 17th St. Harrisburg, Pa. 17103'1497 For the Plaintiff Jefferson Shipman, Esquire P. O. Box 1268 Harrisburg, Pa. 17108-1268 For the Defendant Court Administrator Prothonotary :mtf r " i I' ."'.i.:'. ;:. !" i~ iJ, :1 ii ::11 !4:r,~ " ,~ ~', ~ ~, ,. - ~. ',' ,~ 'r" I FILED~"OI:FtCE Or ..,-, 1'- nr--.,r'yr11"\\ln'1t.,t1'Y ......1 ] ;7::: r';-':" ,1:1',./: ,~I,.-' :,';n 02 S"? -I., P,"II": <; I. L .,' ~- . . CUM"'''' ".~' '''''m1 ljtr~j_.Ar'JLJ t.JUUi'~ i I PENNSYLVi\NI/I .".- 1. -<ql~ nT " ,~ '..-M.,. - ~" '",' ,~ "" ',,,,- ' , ,,~_ h, ,,,,[V:R!["[~~I~!j;m]~~~/!lti~ .. ' ,,' ~-<!1,~"""",",,..,.,,~,,,.,,lJ,fl!l!l,"~Mr_ ~ "..,.,..""'"~~~. ~-~ ~ ~~ ~~. VINCENT G. TRICE, Plaintiff ,~. # : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 7054 CIVIL 2000 JAMES W. WISE, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S PRETRIAL MEMORANDUM I. BASIC FACTS: On October 16, 1998, James W. Wise was towing another vehicle as he approached the red light at the intersection of Route 11 and P A 114 in Silver Spring Township, Cumberland County, when he failed to stop and ran into the rear of a vehicle stopped at the light and being driven by the Plaintiff, Vincent G. Trice. II. STATEMENT OF DAMAGES: As a result of the rear-end collision, the Plaintiff sustained a serious injury to his neck and back from which he is still suffering and receiving chiropractic treatment. III. ISSUES: A. Whether the conduct of the Defendant was negligent? B. If the Defendant was negligent, was his negligence the cause of injury to the Plaintiff? C. What money damages are due the Plaintiff? IV. SPECIAL EVIDENTIARY ISSUES: None anticipated. V. WITNESSES: A. Dr. Joseph Stynchula (video) ~ B. Vincent Trice C. Millie Martinez _ - . . - ...~!;i;~~'", ""- ~ ~-""-,- '~ ~~'" ~- j ~ ..~ " ~ "~~- ~ - _"'~JOIl".~-""o~~'i>tl<ll~&Ild;,a$I,"*~ . " D. Danielle Angel - VI. EXHIBITS: None. V. SETTLEMENT OFFER OR DEMAND: Offer: $10,000. Demand: $70,000. Respectfully submitted, Date: if I ,.~ I (j 2- , "L'C'~""-'l>4..lJ~ """'."""--'. ---"'.'~~'''~''~''~ .- ,. ~ ~,- .."'-~""-". ~~~,~ ~-'1>-'llI~lIOJl;",,"a~1-l;." , '" CERTIFICATE OF SERVICE AND NOW, this lrJ5-dayof Al..\ q",,,7, 2002, I, JAMESH. ROWLAND, JR., do hereby certify that I did hand-serve the foregoing document at the pre-trial conference scheduled for 10:00 A.M., August 16, 2002 on Jefferson J. Shipman, Esquire, Attorney for Defendant. c--- ---, / --/ ' ames H. Rowland, Jr., Esquire 812 N. 17th Street Harrisburg, P A 17103 (717) 233-6787 Attorney for Plaintiff , v .......~....~" ' ,lllklii>- Jefferson J.Shipman, Esquire LD. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant VINCENT G. TRICE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7~54 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT 1. Statement of basic facts as to liability. This automobile accident occurred on State Route 11 eastbound near the intersection with State Route 114, in Silver spring Township. The Defendant, James Wise, struck the back of a vehicle being operated by the Plaintiff, Vincent Trice. 2. Statement of the basic facts as to damaoes. The Plaintiff, Vincent Trice, may have sustained a sprain and strain injury to his neck and back. , "' ~ .~~ h"^~""""1Ob:! 3. statement as to the principal issues of liabilitv and damaqes. The principal issue is whether this accident was a substantial factor in causing all of the harm alleged by Plaintiff. 4. Leqal issues. The Defendant does not anticipate any difficult or novel legal issues. 5. Witnesses. Vincent Trice, as on cross-examination James Wise _{o ~ hPt Mf David C. Baker, M.D., orthopedic surgeon by video-tape deposition 6. Exhibits. Medical records of the Plaintiff All materials exchanged in discovery. 2 - 7. Settlement neqotiations. ~ I j.~JJ;,f, Plaintiff has demanded $70,000. The Defendant has offered $5,000. ().~ IL. "J-QoJ- Date: ~a-' I 83580.1 Respectfully submitted, , . GOLDBERG, KATZMAN & SHIPMAN, P.C. J. Shi an, At orney I.D. #51785 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant 3 ,~ ~~.." ........ -~-~ VINCENT G. TRICE, Plaintiff IN TilE COUIlT OF COMMON PLEAS CU~IDEHlJ\ND COUNTY, PENNSYLVANIA NO. CIVIL, 2000 -70S-tf ~ CIVIL ACTION - LAW JURY TRIAL DEMANDED vs. JAMES W., WISE, Defendant NOT J C E YOU HAVE BEEN SUED IN COU1('1". If you wish tu de[ellu against the claims set forth in the following pages, you must take action Idthin twenty (20) days after this Complaint alld Notice are served, uy enterillg a written appearance pe~sonally or uy uttorlley anU filillg ill wrIlillg with the Court youruefenses or oUJections to the claims set forth agu:insL you. You are "arned that if you fail to do so the case may proceed without you and a judgmellt may ue entered against you uy the Court without further notice [or any money claimed in the Complaint or [or any other claim or relJer requested hy the I'Ja:illti[f. You may lose mOlley or property 01- other right'" importllllL Lo you. YOU SlIOULD TAKE TlIIS I'APlm TO YOU I( LAlHEI( AT ONCE. II.' YOU DO NOT lIAVE A LAWYER Ol( CANNO:r AI.'I.'01W ONE, GO TO Oli TELEPHONE Tim oFl'ICE SET FORTH BELOW TO FIND OUT 11lIEI(E YOU CAN GET LEGAL lIELl'. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liber,ty Ave. Carlisle, PA 17013 (717) 249-3166 NOT 1 C 1 ^ Le han demandado a usted en ia corLe. Si usted qui ere 'defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo aI partir de la fecha de Ia demanda y Ia'notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 1'01' auogado y archival' en la corte en forma escrita sus defensas 0 sUs oujeciones alas demandaa en contra de au 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 1'01' .cual~uier queja 0 slivio que es pedido en Ia peticion de demanda. . Usted puede pe1'de1'dine1'o 0 sus propiedades 0 otros derechos importantes para usted. . LLEVE ESTA DEMANDA A UN AIlODAGO INMEDIATAMENTE. SI NO T1ENE ABOGADO 0 S1 NO,T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1C10, YAYA EN PERSONA 0 LLAME POR TELEFONO A LA OI.'IC1NA CUYA D1RECCION 5E ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA '17013 (717) 249-3166 ~""'~'~I!Jllii:1:::\I_ .. VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL, 2000 - 70..S-'I&.::I7L.- JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. The plaintiff, Vincent G. Trice, is an individual residing at 1102 North Second Street, City of Harrisburg, County of Dauphin, Pennsylvania. 2. The defendant, James W. Wise, is an individual residing at 82 Pleasant View Drive, City of Mechanicsburg, County of Cumberland, Pennsylvania. 3. On October 16, 1998, James W. Wise was towing another vehicle as he approached the red light at the intersection of Route 11 and PA 114 in Silver Spring Township, Cumberland County, when he failed to stop and ran into the rear of a vehicle stopped at the light and being driven by the plaintiff, Vincent G. Trice. 4. The accident was directly and proximately caused by the negligence and carelessness of the defendant, James W. Wise, which consisted, among other things, of the following: (a) failing to observe a stop light and bring his vehicle to a stop; (b) not having his motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead while towing another vehicle; "'~'-" '"""~ '~~-'~'~ - (c) failing to keep a proper lookout; (d) failing to use due care under the circumstances; (e) failing to notice the motor vehicle of the plaintiff. 5. By reason of the accident, plaintiff sustained a serious injury to his neck and back which resulted in him being seriously impaired, and which rendered him sick, sore, lame and disordered, to his damage. 6. As a result of defendant's negligence plaintiff has suffered an interruption of his daily habits and pursuits, and loss of enjoyment of life, to his great and permanent detriment and loss. WHEREFORE, the plaintiff demands judgment against the defendant in an amount in excess of $25,000. exclusive of interest and costs. t ~l' .James H. Rowland, Jr., Esq ire Attorney for Plaintiff 812 N. 17th Street Harrisburg, PA 17103 (717) 233-6787 - {-J . '2-~ , . ~""" . . VERIFICATION I, VINCENT G. TRICE, hereby certify that the facts in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, and further state that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904 relating to unsworn falsification to authorities. / I , Vincent G. Plaintiff DATE: /0 Ii 3/e::o iii ~il:W!~~~~~~:1ful.\",~II@il~~w11;~iJl&:;M!&iJ~~i!!~_j~liifli;.~~' - w<~. ~,~ ,,~, \\ - <:::, ~ ~ ~ -, ". ,.I ""~ .l.i.i-~mJL.!1_ .~ ~, '" ~ ., ~I G ~ ~ '\~ ~ ~ ~ ~ ~ l , ,~~, c", u"^ ~" o c:: z' -,;:;=. ~g": -;>',---" ~:~:': l/C' 2;~ >c :.(:.~ =< , """ ;! ~ C) :::::> ~ ;, --; 8 .~~"D ~,:'~ ;:? ~-::~ (() -"..;--r, ~.~1~ ~j ,'"-1 ~O -< 0', '" ~: :::> r,) .~ , ,".","--- '~( '. <k VINCENT G. TRICE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-7054 CIVIL CIVIL ACTION - LAW JAMES W. WISE, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this ~ SO' day of January, 2002, argument on the within motion to compel is set for Wednesday, February 6, 2002, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, f\, /1//1.. Kevin/Hess, J. / James W. Roland, Jr., Esquire For the Plaintiff Jefferson J. Shipman, Esquire For the Defendant :rlm L~ 1l\~ ~~ 2>\\\f (no...) )> 0)- JZ . 0 ~ ~rrs '"Ko w\ o..~ "RXS !ii~~~lliI!f~"""" "!,~illJoltr~" "~i.!JI';'=~';;''''''f_BlL 'lIrilt" _~' .'~ ....;; .,,' FlLED'{)FFICE 0;:: !C::y'-'CNOTARY 02 JA~j 18 PrJ 2: 40 CUMBEHLFNO COUNIY PENNSYlVANIA ,', - ~-- , _ ~~," ,,',~,,' ,b" ,. '" ,t,~_""..",~,,=,_ , n, ,",_" I,_~, '_~' _,,~ ~~"_ ~' , illIij! I ;, ,~ - ~,.. " >'"''^'''''''- , I , VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of , 2002, a Rule is hereby issued upon the Plaintiff, Vincent Trice, to show cause why the relief requested in the Motion to Compel Attendance at an Independent Medical Examination should not be granted. Rule returnable , 2002. BY THE COURT: J. 73467.1 , '~,'" ^"~"" '" ',',~",,,,, ,,''-'' " '/"c"~;',, ,h ,;' ,;, .' 'RIll'~~ Jefferson J.Shipman, Esquire LD. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Bo" 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL ATTENDANCE AT INDEPENDENT MEDICAL EXAMINATION AND NOW, comes the Defendant, James W. Wise, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Motion to Compel the Plaintiff's attendance at an independent medical examination; 1. The case arises out of an accident which occurred on October 16, 1998. 2. The pleadings are closed and discovery has been well underway, including the deposition of the Plaintiff which was completed on August 27, 2001. 3. That since Plaintiff's deposition, the Defendant, through his counsel, has made repeated efforts to schedule the independent medical examination of the Plaintiff, Vincent Trice. Initially, the IME as to take place on December 3, 2001 at 2:15 < ~"" -'"~, <.'~, ','-- ' ,'" ' ',,-:';,n_ "",,' H l;fO';-,~ ':, \' .... P.M., at the office of David C. Baker, M.D., 19 Brookwood Avenue, Carlisle, PA. See attached correspondence marked Exhibit "A". 4. That Mr. Trice failed to appear for his examination resulting in a cancellation fee. See attached correspondence from Dr. Baker marked Exhibit "B". 5. The cancellation fee of $800, assessed by Dr. Baker, is the responsibility of the Plaintiff and his counsel and was sent to Mr. Roland on December 10, 2001. See attached correspondence marked Exhibit "C". 6. That neither Plaintiff, nor his counsel have paid the cancellation fee, nor have they cooperated in re-scheduling the Plaintiff's independent medical examination in spite of numerous telephone calls and correspondence from defense counsel dated December 21, 2001. See attached correspondence marked Exhibit "D". 7. That the Defendant has incurred significant costs and expenses associated with attempting to schedule this IME as well as filing this Motion and requests reasonable counsel fees in connection therewith. 8. That the Defendant requests an Order requiring the Plaintiff to attend an independent medical examination. WHEREFORE, the Defendant, James W. Wise, respectfully requests that this Honorable Court issue an Order compelling the 2 H "" --. >^' , iii.', Plaintiff's attendance for an independent medical examination, as well as payment of the cancellation fee and reasonable counsel fees for preparation of the Motion to Compel. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. So Je erson J. Shipma , Attorney I.D. #5178 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 ~:4~~.=r \ I q I () 1- Counsel for Defendant 3 Of COUNSEL F. LEE SHIPMAN JOSHUA D. LOCK ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) ROi\ALD M. KATZl'I'IAN PAUL J. ESPOSITO i'iEIL HENDERSHOT ]. JAY COOPER THm.'IAS E. BRENNER JOHN A. STATLER APR1L L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPt-,'IAN JERRY}. RfJSSO :\11CHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GReED ARNOLD B. KOGA:'~ ROYCE L. MORRIS EVAN J. KLiNE, 1Il JOHN DELoRENZO JOHN R. NINOSKY DAVID M. STECKEL 320 ~'lARKET STREET. STRAWBERRY SQUARE P.O. Box 1268 . HARRISBUR.G, PE:-.iNSYLVANIA 17108-1268 717.234.4161.717.234.6808 (FAX) GOLDBERG, KATZMAN & SHIPMAN, p.e. ATTOR:\EYS AT LAW October 23,2001 James W. Rowland, Jr., Esquire 812 North 17th Street IIarrisburg,PP. 17103-1497 In re: Vincent Trice v. James W. Wise No. 2000-7054 Civil Cumberland County Common Pleas Dear Mr. Rowland: This letter confirms my telephone conversation of today with Linda in which we scheduled Mr. Trice's IME. The IME will take place on December 3, 2001 at 2:15 P.M. at the offices of David C. Baker, M.D., 19 Brookwood Avenue, Suite 104, Carlisle, Pennsylvania. Should Mr. Trice need directions to Dr. Baker's office, he may call the office at 717-243-9010. Please have Mr. Trice bring his x-ray and MRl films with him to the 1MB. Thank you for your cooperation in this matter. Very truly yours, Susan Ladeda Baker Paralegal to Jefferson J. Shipman CARLISLE OFFICE: 717.245.0597 . YORK OFFICE: 717.843,7912 -'.' "0" - ..-", , / '-~~ DAVID C. BAKER, M.D., F.A.C.S. 19 Brookwood Avenue, Suite 104 Carlisle, PA 17013 (717) 243-9010 Board Certified in Orthopaedic Surgery Member American Academy of Orthopaedic Surgeons December 3, 2001 Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O, Box 1268 Harrisburg, P A 17108-1268 ATTN: Susan Ladeda Baker RE: Vincent Trice Dear Ms. Baker: An Independent Medical Evaluation was scheduled for Mr, Trice today at our office. Mr. Trice, however, called and canceled this appointment this morning, Our office manager did contact your office and was told that Mr, Trice or his attorney may be responsible for this bill in the amount of$600.00 for a late cancellation. We are sending the bill to your office to handle this since the appointment was scheduled by your office. We have received your prepayment in the amount of $1,400,00 which will be applied to his rescheduled evaluation. Please make your check or have Mr. Trice make his check payable to "David C. Baker, M.D," and mail the payment to the above address. Thank you. Sincerely, \ . David C. Baker, M,D. OF COUNSEL F. LEE SHIPMAN JOSHUA D. LOCK ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG~KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY]. Russo ~'IJCHAEL J. CROCENZI THOMAS j. WEBER STEVEN E. GRUBB ARNOLD B. KOGAN ROYCE L. MORRIS EVAN J. KLINE, III JOHN DELoRENZO JOHN R. NINOSKY DAVID M. STECKEL ",',,'.~~ ~" 320 MARKET STREET. STRAWBERRY SQUARE P,Q. Box 1268 . HARRISBURG, PENNSYLVANIA 17108~1268 717234.4161 .717,234.6808 (FAX) GOLDBERG, KATZMAN & SHIPMAN, P.C. ATTORNEYS AT LAW December 10, 2001 James W. Rowland, Jr., Esquire 812 North 17th Street Harrisburg, PA 17103-1497 VIA FACSIMILE & REGULAR MAIL In re: Vincent Trice v. James W, Wise No. 2000-7054 Civil Cumberland County Common Pleas Dear Mr. Rowland: Due to the late cancellation of the !ME by Mr. Trice, a cancellation fee of $800.00 has been assessed by Dr. Baker. Due to the fact that Mr, Trice was responsible for this cancellation we expect him to pay this fee Enclosed please find a copy of Dr. Baker's bill for same, Please have Mr. Trice remit payment to Dr. Baker immediately. Thank you. Very truly yours, Susan Ladeda Baker Paralegal to Jefferson J. Shipman CARLISLE OFFICE: 717.245.0597 . YORK OFFICE: 717.843.7912 OF COUNSEL F. LEE SHIPMAN JOSHUA D. LOCK ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL]. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Russo :\-'fICH;\EL J. CROCE;"':ZI' THOMAS J. WEBER STEVEN E. GRl:BB ARNOLD B. KOGAN ROYCE L. MORRIS EVAN J. KLINE. III JOHN DELORENZO JOHN R. NINOSKY DAVID M. STECKEL " - diiaJ/Ii " 320 MARKET STREET STRAWBERRY SOL\RE P.O. Box 1268. HARRISBURG, PENNSYLY....NIA 17108-1268 717,234.4161' 717,234,6808 (FAX) GOLDBERG, KATZMAN & SHIPMAN, P.C. ATTORNEYS AT LAW December 21,2001 James W. Rowland, Jr., Esquire 812 North 17th Street Harrisburg, PA 17103-1497 In re: Vincent Trice v. James W, Wise No. 2000-7054 Civil Cumberland County Common Pleas Dear Jim: As you are aware we have been trying to reschedule the IME of your client. On or about December 3, my paralegal, Susan Baker, provided two dates in 2002 in which Dr. Baker is available to conduct the IME, January 21" or January 28th, at 1:15 P.M. She spoke with Linda, of your office, who said she would check with Mr. Trice on his availability on these two dates. During the next couple of days Ms. Baker spoke with Linda a number of times regarding the rescheduling of this IME. Ms. Baker was told that your office would get back to us. Ms. Baker had not heard anything from your office so, on December 10, she again called and spoke with Linda, who informed Ms. Baker that she had written to Mr. Trice with the information on the IME, but had not heard from him. On December 20 Ms. Balcer again spoke with Linda, who informed her that Mr, Trice had still not responded regarding the rescheduling of the IME. Dr. Baker's office has been considerate enough to continue to hold these dates for us. We expect the same consideration from your client who cancelled the CARLISLE OFFICE: 717.245.0597 . YORK OFFICE: 717.843.7912 ~~'-:, .. .~ James W. Rowland, Jr., Esquire December 21,2001 page 2 IME at the last minute, If this IME is not scheduled soon, we will have no choice but to file a motion to compel with the court. Very truly yours, Jefferson 1. Shipman ~ ~,' , '.', ~, tlali~':,; , CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~: James W. Rowland, Jr., Esquire 812 North 17tl Street Harrisburg, PA 17103-1497 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ~~an, Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant !iii:;'<~' '"."",,;,.",., ;'''';'''''"' -'. ' . .".;C" ., ..,.... . h-~ .~, ~.' . '0<' ,~",O~''''"'',,,,,,,,~,.,,,*\ ~ '"'__i? ,'y ,"" """ "'__'"0>- ~~',., ,"," ~,,, " ",,',hs "';"F "', ",. " ,,-,,~'~'#"" ,',,' ," """" " ."., , " "1 (') c-:: r) ~~ h.; , , 'D C' ':::-"", rn - , ;.:.:::: . -- Z ;~'"' (n ~' , $ ~.'D ::.:..: :i-.. ,r'_ N , ~ 'p' <"- en --, ::.'V -< (v .< ., ~ , - ~ ;,~ '.........."'""'''"'' SHERIFF'S RETURN - REGULAR CASE NO: 2000-07054 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRICE VINCENT G VS WISE JAMES W DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WISE JAMES W the DEFENDANT , at 0019:05 HOURS, on the 19th day of October ,2000 at 82 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17055 by handing to JAMES WISE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.58 .00 10.00 .00 33.58 C-~:~~~f' R. Thomas Kline' 10/20/2000 JAMES H. ROWLAND, JR. Sworn and Subscribed to before By: ~~~. ~eput tie f ~ me this ;/ 3A.<A. day of (p~ ~a-UV A.D. ~/)~ ,.-- L.L. """1 Prothonotary ~ Jefferson J.Shipman, Esquire LD. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant "'~",,' '2<".' ,4. ;.." ,,,,:.. " ". ,,' "~',~< "..:.'\ ..) VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JAMES W. WISE, Defendant TO THE PROTHONOTARY: NO. 2000-7054 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant, James W. Wise, in the above-captioned matter. Date: to130 ~ ~o 54041.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. J ffe son J. Shipma , Esquire A torney I.D. #51785 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant -'--. ~ ,,'," --"~", ' ~'''''';; CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~~l~ James W. Rowland, Jr., Esquire 812 North 17th Street Harrisburg, PA 17103-1497 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ferson J. Shipm 1. . #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant lll>>''''~ --- ,,' ~'" I.' "<~'", > ,"~~,~ ~',' ""--, >, ,-,,-. ~, , ~ ,'''''' ." . '~'o ~ " ,'~ . . " () c <' -oe6 mj^'!'i Z-':' Z~' ~>,:,: ;2 C) )>- z"-' -=l) )>c: Z -. -< t::> c::> o C') -1 t';' / .~" '-." '-n 1 ' -r) ,-,-; L.lt:;:J -?~~) w " --" ::D ~N 5J -< ~ ':.:> (,,", . " ,.,,< ~ ,~' ,,'-' ~, '.;.<- " , ,. " .' , ,,~' " , ,'~, ,."^~,:- ',', ''- ,'" - , _-1-~ "'<l',Iliiti:;:,j Jefferson J.Shipman, Esquire LD. #: 517B5 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 126B Harrisburg, PA 1710B-126B Telephone: (717) 234-4161 Attorneys for Defendant VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and his Attorney, James W.Rowland, Jr., Esquire 812 North 17~ Street Harrisubrg, PA 17103-1497 YOU ARE HEREBY notified to plead to the within New Matter of Defendant, James W. Wise, within twenty (20) days of service hereof. GO RG, KATZMAN & SHIPMAN, P.C. DATE: II/t./~ 54027.1 'I~ Je fe on J. Shipman At orney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant ''^', ,d',d' ~' "'0"""< .,,", ""'-, ,--;. ~,'" ie'" '.' "~':",t"--, """,,".." <='~ji Jefferson J.Shipmanf Esquire LD. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant VINCENT G. TRICE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, James W. Wise, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter in response to the Complaint of Plaintiff, Vincent G. Trice: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted only that there was an accident on October 16, 1998 near the intersection of Route 11 and 114 in Silver Spring Township, Cumberland County, Pennsylvania. It is also admitted that Mr. Wise was towing another vehicle and that there was a minor impact between the front of his vehicle and the rear of the Plaintiff's " .' '. >-''' .~'" ,'" "~~",-", ,~' --"J' .~,"--. ",'",," ". __b" vehicle. The remaining averments of Paragraph 3, are conclusions of law and fact to which no response is required. 4. Denied. The averments contained in Paragraph 4, subparagraphs (a) through (e) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 5. Denied. After reasonable investigation, Mr. Wise is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 5 and the same are, therefore, denied and strict proof demanded at the time of trial. 6. Denied. After reasonable investigation, Mr. Wise is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 6 and the same are, therefore, denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, James W. Wise, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. 2 . ~,,~ 'o~ ~",', <'e'" .W ';'"j.-, "', , . ,.i"" ,'v ~:.' ,i'~,,'."_,~'_c '"~ ^''--'' , I ~ Iili~: NEW MATTER By way of additional answer and reply, the Defendant interposes the following New Matter defenses: 7. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. 51701, et seq. 8. That the Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. 51705, et seq. 9. That if it should be found that there was any negligence on the part of the Defendant Wise, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 10. That if Plaintiff suffered the injuries alleged in his Complaint, those injuries were cause in whole or in part by the negligence of the Plaintiff, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. ~7102, et seq., and by the Doctrine of Comparative Negligence. 11. That this accident may have been caused by a sudden emergency. 3 '~'~"." 0"'.;'" "." "'.- ,.". ''''_, _"k_~~-.', .',,,, _'~"'o'" ~;;' : ~ ~~" _. j:,,,:, .,,_';~~ "0"'" -"-i~'l: " ~. WHEREFORE, the Defendant, James W. Wise, respectfully requests that Judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. f son J. Shipma , ttorney I.D. #51785 20 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: /1 ~//tWO 54027.1 I~ Counsel for Defendant 4 " '"'~-:- . ',' , .>:) ,::~-'< .., ~ .. .. .. .. .. .. , . ,--~----., n .. .. .. .. -.-~'- .. VERIFICATION I, James W. Wise, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: "/'/ (5D , ~i~ W~ , 3 _~ ~ -----.----'--'--'"--,'',~,,~;__..., --.'-~"- ~',1-- ~-,_;_,:_. .-,.-",,,, ;;':;';";_",,<,~ _~! CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United states Mail, postage prepaid, in Harrisburg, Pennsylvania, on 1/ j" /~C'O f I James W. Rowland, Jr., Esquire 812 North 17~ street Harrisburg, PA 17103-1497 Attorney for Plaintiff SHIPMAN, P.C. Je fe son J. Shipma I. . #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant ~-;~,,;s,~,-_ 'l,,""'11,~,." '" l i ~ ~--" - - "-,"', ~,,-" '0.".;... ,~, ,~,,_. - _~ _e'W"'_~~ ,~ e'-=--':',u'Jiy'"'- "'. -~,~ ",-""'" ,,,,. -~. ; ,. ," "."" ", 'C,_," _,,~ ,., ~~",- "" .,. "," .., '-;_?,,".~ "".,,-.. ! 0 (::J () C C) "Tl <;.' :;::: ---f v CJ ::J . :::!:} ITi L-i z: ~j . I ..~ :;.;::- r~:'.. ,---t 00 ..-J -< ~) '2 l::J -0 -1"; 2':: () ::1:..: .. C:J ~:::::. L) ;-;;jffl ;;> c ~-.l '7' D "" ~ 5::) 'D ~: ~,'- > .. . =, '-, " ,=~~ ~~ =~~ ~~~ -" ~." ," A-"...:_c, . . .. VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 7054 CIVIL, 2000 JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF' S ANSWER TO NEW MATTER 7. Denied. This averment is a conclusion of law to which no response is required. If a response is deemed to be required, the averment contained therein is specifically denied. 8. Denied. This averment is a conclusion of law to which no response is required. If a response is deemed to be required, the averment contained therein is specifically denied. 9. Denied. This averment is a conclusion of law to which no response is required. If a response is deemed to be required, the averment contained therein is specifically denied. 10. Denied. This averment is a conclusion of law to which no response is required. If a response is deemed to be required, the averment contained therein is specifically denied. 11. Denied. This averment is a conclusion of law to which no response is required. If a response is deemed to be required, the averment contained therein is specifically denied. ~~~,-. " . "", "~~ .. .; WHEREFORE, the plaintiff demands judgment against the defendant in an amount in excess of $25,000.00 exclusive of interest and costs. -, 1--1 . <-,~ ames H. Rowland, Jr., Attorney for Plaintiff Attorney LD.Jl06847 812 N. 17th Street Harrisburg, PA 17103 (717) 233-6787 ~ ._~~" .. ' i VERIFICATION I, James H. Rowland, Jr., hereby certify that the statements wi thin the foregoing document are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. H ,~~ Jc; ames H. Rowland, Jr., Esquire DATE: !{ rood (j 0 ,<I~>' -.. 1lI1'1:11t' ~ , CERTIFICATE OF SERVICE n.- AND NOW, this 1 day of November, 2000, I, JAMES H. ROWLAND, JR., ESQUIRE do hereby certify that I did serve a true and correct copy of the foregoing document by placing it in the united States mail, postage prepaid, addressed to the following: Jefferson J. Shipman, Esquire 320 Market St. P.O. Box 1268 Harrisburg, PA 17108-l268 Attorney for Defendant James H. Rowland, Jr., 812 N. 17th Street HarriSburg, PA 17103 (717) 233-6787 Attorney for Plaintiff ,~."~.,:~-i -'--~.~L~M:;l1U:~-~]C~~lMl~~llilf LJ--nl.~"".."",i->r'~-'; Ilv..J",- '"'~-"_~ ". ~~ ~,~ =~ ~~_"."_'<__"'" '0', '~'__N'0 ". . ~ . =c,- ..w -,,",," _"",,. , _.~ (') ~ -c: fD rnrlJ Z..,., ~~.. ~c; 'J>~ z'.) ",-:=::0 ;pc: Z ~ . -~-, C-, o ...". ~3 ~C " <~..,~ , o -"-1 I 0:> :"!l1 !~'-~ =?;8 '~{~? ?5:'U '-,0 < ,'n o ."1 :rq ::< --0 :::J:: r:.;> "" .....I .. " ,--, ~' \'-'-.' ."'--"-~-..~.~ ,~. ^ '", --,~ :'-",,,,'~''--'-~' :'"'- .';""" _-~,_;;,,;.c,._ "'.''''''-r''-,;;":'''',: ,_. ~~.,I VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this IZ'day of February, 2001, it is hereby ordered that Plaintiff shall answer the Interrogatories and respond to the Request for Production of Documents within 20 days of service of this Order. BY THE COURT: 58480.1 J. ~ v t)~'~ ," ..~~"" ."0-'""'f",""o~..~ '.,.~,"<i~~'''--' ,~., ~.'r_ ",.' ,- " . , '" ','-,? .. ..'n.,_u" ""'.F ,-.' -,. , v,~... ... ff'_.""'<< C.~ .. -'C__, "".;.' __0_"",," (; s;; :'~ s~~f ze- er, -<.":. ~~~;' ~~(.i Y~":. ",,-:. :~! . '~, ,~-" <,-<.~,o-:t,ti--"",~"_~,.'OS-,,,, "" .",:!].~Jf,~~ ,~II, --~" ... C:::J .." !-1'1 CO ~, :,c) :::) C-'.) """'" ~~.~ ,^"" .. '0"- <' -'0_ ,n~ .:,.- -- ,~,>~ CO--.'-', ~-':"""-""'_;'-' :,,",-,,_'-c, .'" ,;d;O~,"'~-""'-~--,' ,.' ;'E,k) Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL AND NOW, comes the Defendant by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Motion to Compel Answers to Discovery: 1. The above case arises out of a motor vehicle accident which occurred on October 16, 1998, at the intersection of Routes 11 and 114 in Mechanicsburg, Cumberland County, Pennsylvania. 2. The case was initiated by Complaint filed or about october 13, 2000. 3. That the Defendant filed an Answer and New Matter on November 6, 2000. 4. That on December 19, 2000, discovery by way of Interrogatories and a Request for Production of Documents were served upon the Plaintiff in care of his counsel, James W. Rowland, Jr., Esquire. (See attached Exhibit "A.H) _'C-._'<. '. ,-~,,,. ,-'>'-,-,,~, .. C' ",,;.f;> _;~;",;,_, '~., 5. That on January 24, 2001 counsel for the Defendant wrote to Plaintiff's counsel requesting answers to the discovery. (See attached Exhibit "B".) 6. That to date, the Plaintiff has not answered or otherwise responded to the discovery. 7. Pa.R.C.P. 4019 provides that, "The court may, on motion, make an appropriate order if a party fails to serve answers to discovery." WHEREFORE, the Defendant, James W. Wise, respectfully requests that this Honorable Court issue an Order compelling answers to the discovery. Respectfully submitted, SHIPMAN, P.C. . J son J. Ship n, Attorney I.D. #51785 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: " \ t.l 0\. 58475.1 Counsel for Defendant 2 ~~ , ~ .....Ai:L 010/'" c! '--:- , ~; ! j December 19, 2000 James W. Rowland, Jr., Esquire 812 North 17th Street IIanisburg,PP> 17103-1497 In re: Vincent Trice v. James W. Wise No. 2000-7054 Civil Cumberland County Common Pleas Dear Mr. Rowland: Enclosed please find the following: 1. Interrogatories of Defendant, James W. Wise, for Answer by P laintifj; and 2. Request for Production of Documents of Defendant, James W. Wise, for Answer by Plaintiff. Very truly yours, ,_. Susan Ladeda Baker Paralegal to Jefferson J. Shipman .~, , mt:bt:'-.iIi.~"" Jefferson J. Shipman, Esquire I.D, #51785 GOLDBERG, KATZMAN & SIllPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, FA 17I08-1268 (717) 2344161 Counsel for Defendant, James W. Wise VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED REOUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT. JAMES W. WISE, FOR ANSWER BY PLAINTIFF TO: Vincent G. Trice and James W. Rowland, Jr., Esquire 812 North 1'f1' Street Harrisburg, PA 17103-1497 Pursuant to Pa.R.C.P. No. 4009, as amended, the Defendant, James W. Wise, by his attorneys, Goldberg, Katzman & Shipman, P.C., requests you to produce copies dfthe following documents, at its expense, within thirty (30) days of service of this Request. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the /9 t-h day of 1(7(. e Jhh-f7 .2000, addressed as follows: James Rowland, Jr., Esquire 812 North 17th Street Harrisburg, PA 17103-1497 GOLDBERG, KATZMAN & SHIPMAN, P.C. By . RS N J. SHIPMAN, ESQ !.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant James W. Wise 563,0,1 . " -" "IU""lililli-4!.: Jefferson J. Shipman, Esquire I.D. #51785 GOWRR~~T~&SHW~,~C 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, James W. Wise VINCENT G. TRICE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7054 CML TERM JAMES W. WISE, Defendant CML ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT. JAMES W. WISE. FOR ANSWER BY PLAINTIFF TO: Vincent G. Trice and James W. Rowland, Jr., Esquire 812 North 17th Street Harrisburg, PA 17103-1497 PLEASE TAKE NOTICE that you are herebyre<;h-ed, pursuant to Pennsylvania Rules of Civil Procedure No. 400 I, et ~ to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following InteProgatories. DATED: /1).,//7/00 ;-',;;"_,,.v,_(,.~';.;I'':-''i;:~,i-:'''-::':>~'''.;'<;''):'___''-';'''~.,~..,~_""""",,,!,' "" ~ "" '..,.~';/'n~, I GOLDBERG, KATZMAN & SHIPMAN, P.C. By: J effi on. Shipman, Esquire Att eyI. D. No. 517.85 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 (717) 234-4161 Attorneys for Defendant James W. Wise ~ 2 "47, 'l'i, "'" , . "''" ."'""'~' _, . ~"- .TL~.".C_'~---' /. ' . CERTIFICATE OF SERVICE ~--. .. "~I.Hi .'" I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the ]) IZL- ~ m./J~" . 2000, addressed as follows: James Rowland, Jr., Esquire 812 North 17th Street Harrisburg, PA 17103-1497 19M day of GOLDBERG, KATZMAN & SHIPMAN, P.C. By o J. SHIPMAN, ESQ I.D. # 785 320 Market Street P.O. Box 1268 Harrisburg, P A 171 08-1268 (717) 234-4161 Counsel for Defendant James W. Wise S633U ~,_ ;"';",_'''''__''0, - ~, --.y,,~'.u -""'--'<'''.'_' .' '-. ~., ',= .." 0 ;_;',,:_~__< ;0'__""'.",)2-,. ;.' :'; . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on ~: James W. Rowland, Jr., Esquire 812 North'17th Street Harrisburg, PA 17103-1497 Attorney for Plaintiff BERG, KATZMAN & SHIPMAN, P.C. rson J. Shipm #: 51785 .0. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant iii'~',<i,- , i - , ,';;':J',~,~;, ~_,;;';,:.,:<~;~,.:..,~}!:. ~' j'" :'".i&i -, ,"~. ......,... .._... ~~I"_,_ ,~,,)~_::"~,,\"' ,< ""__'~.' _,\1~'"I'1'-," ,-,~ ,...-iv' ;,L~~_'~',j;~i''''"'-i._..-' ~"__; ,'. ^--ry:', '1--" """",,"W'"'''''''M'~'llfl''~*''' 'k' .' -~-- ~ >~ " __"""H', '<.',,, 'fm"" ';.i'i." "., '.',' ">'M."C" '. '. 'H' .,-, . 0 a " ~ " "~-J .." .~ -! -ou r<"1 1""".--.-, 1.:7) "'" Z:T.; , 2: r-' (IJ~",;> co -<.."" ~~~: =-S -"z. -::~Cj :0 :L>c ~ 2: ~ -' -'~' -< 0") -< I' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: .COURT OF COMMON PLEAS VINCENT G. TRICE TERM, -VS- CASE NO: 2000-7054 CIVIL JAMES WISE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/10/2001 DEll-245293 55244-LOl >.. " ~,-I ~. 'lot.; '';-:' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS VINCENT G. TRICE TERM, -VS- CASE NO: 2000-7054 CIVIL JAMES WISE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BECKER CHIROPRATIC TRAVELERS INS. CO. STYNCHDLA CHIROPRACTIC CTR. DR. ALAN KUSHNER MEDICAL INSURANCE MEDICAL MEDICAL TO: JAMES H. ROLAND, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/20/2001 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-148287 SS244-COl .'L ,', , COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERlA..'\'D VINCENT G. TRICE VS File No. 2000-7054 CIVIL JAMES WISE SUBPOENA TO PRODUCE DOCUMTh"TS OR THINGS FOR DISCOVERY PURSUA..1'>;"T TO RUl.E 4009.21 TO: CUSTODIAN OF RECORDS FOR: BECKER CHIROPRACTIC (N.amr o( Prnon or Entity) Within lWe~' (20) days after service of this subpoena. you .... ord.red by the court to produc. the following docum.nts or ,hings: ~F.F. A'I''I'Ar.HF.n at Mr.S GROUP INC.. 1601 MARKET ST.. #800. PHILA.,PA 19103 (Address) You may d.ih'" or maill.gibl. copies of the docum.nts or produc. things request.d by this subpoena, tog.th.r with the certificalO of complianc..to the party making this r.qu.st at the address listed abov.. You have the right to seek, in advanc.. the ,..sonabl. cost of pr.paring the copies or producing the things sought. If you fail to ?,oduc. the documents or things r.quir.d by this subpoe_ within tw.nty (20) days aft.r its s.rvic., the party s.rving this subpo.na may seek a court order comp.lling you to comply with it. THIS Sl:BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: S.o\ME: T~li'li'li'R~nN 1 ~'HTPMAN "F~Q ADDRESS: PO BX 1268 HARRISBURG. FA 17108 TELEPHOXE: 215-246-0900 SUPREME COIJRT 10 #: AITOlt~EY FOR: n....1:l....l.mA"t<T'l' DATE: (04/10/2001 (Yl'iJnL I r:: ~tY) I , " Seal of the Court (Elf. i /9i) "" ;.-. , -""''''''''-':'': EXPIANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BECKER CHIROPRATIC 501 MARKET STREET LEMOYNE, PA 17043 RE: 55244 VINCENTG. TRICE ANY AND ALL RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: VINCENT G. TRICE 122 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17055 Social Security #: 204-50-1725 Date of Birth: 04-04-1961 SUlO-295926 55244-LOl ,"", >'" '..~ >.' " "Jll1J.-; CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: .COURT OF COMMON PLEAS VINCENT G. TRICE TERM, -VS- CASE NO: 2000-7054 CIVIL JAMES WISE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/10/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-245294 55244-L02 ~ ~ I l~,' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS VINCENT G. TRICE TERM, -VS- CASE NO: 2000-7054 CIVIL JAMES WISE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BECKER CHIROPRATIC TRAVELERS INS. co. STYNCHULA CHIROPRACTIC CTR. DR. ALAN KUSHNER MEDICAL INSURANCE MEDICAL MEDICAL TO: JAMES H. ROLAND, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your espense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/20/2001 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148287 55244-COJ.. '. ,-- ~, . c_',.. ~i'1 COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLA..'iD VINCENT G. TRICE VS File No. 2000-7054 CIVIL JAMES WISE SUBPOENA TO PRODUCE DOCUMTh"TS OR THINGS FOR DISCOVERY PURSUA..l\"T TO RULE 4009.21 TO: CUSTODIAN OF RECORDS FOR: TRAVELERS INSURANCE CO. (N,ame of Pe-non or Entity) Within .......::ry. (:!O) days after service of this subpoena. you are ordered by the aourt to produce the following documents or things: ~'R'R A TT ACHED at MCS GROUP INC.. 1601 MARKET ST., 11800, PHILA. ,PA 19103 (Address) You ma~' dein'" or maillegibJe copies of the documents or produce things requested by this subpoena. together with the c.rtificat. of compliance. to the party making this request at the address listed "bove. You hI,'e the right to seek, in ad,..nce. the ,...onable cost of preparing the copies or producing the things sought. If you fail to ;>roduc. the documents or things r.quir.d by this subpooN. wi&.bt tw.nty (:!O) cays after its service. the party se",'ing this subpoena may seek a court order compelling you to comllly with i-_ THIS SLllPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: lRWWF.~~nN 1 S~TPMAN. R~O_ PO BX 1268 EARRTSRU~G. ~A 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID .: AITOR.~EY FOR: TIli'H'lnlnAl\T'1' DATE: fYI ~/) '" 04/10/2001 f.e:. ;)rYll , ProthonotuylO .vii DiViSi; LZ()->--.o ~p ~A''''(..- pury "-- Seal of the Court (Eff. 7/97) , , ~, ~-'"' - d.. "-~' ,,.,jc-'liiili(~;,~ EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRAVELERS INS. CO. PO BOX 13485 READING, PA 19612 RE: 55244 VINCENT G. TRICE INCLUDE ALL FIRST PARTY BENEFITS RECORDS, MEDICAL RECORDS, DECLARATION SHEET, PAY OUT SHEET, ETC. POLICY #9208-171191911 Any and all claims files. Dates Requested: up to and including the present. Subject: VINCENT G. TRICE 122 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17055 Social Security #: 204-50-1725 Date of Birth: 04-04-1961 Date of Loss: 10/16/1998 SU10-295928 552. 4 4 -L 0 2. 'c.' .. '.'.' -~;;,: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS VINCENT G. TRICE TERM, -VS- CASE NO: 2000-7054 CIVIL JAMES WISE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/10/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-245295 55244-L03 a.' '.S,J COMMONWEALTH OF PENNSYLVANIA ,. COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS VINCENT G. TRICE TERM, -VS- CASE NO: 2000-7054 CIVIL JAMES WISE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2l BECKER CHIROPRATIC TRAVELERS INS. CO. STYNCHULA CHIROPRACTIC CTR. DR. ALAN KUSHNER MEDICAL INSURANCE MEDICAL MEDICAL TO: JAMES H. ROLAND, ESQUIRE KCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KeS or by contacting our local KCS office. DATE: 03/20/2001 KeS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - Any questions regarding this matter, contact THE KeS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148287 SS244-COl - ,. ,". --, . ~ ,i' .'."; " .M!.'~j COMMONWEALTH OF PENNSYLVANIA - COUNTY OF CUMBERLA_'m VINCENT G. TRICE VS F'j' 2000-7054 CIVIL I e No. JAMES WISE SUBPOENA TO PRODUCE DOCUMTh"TS OR THINGS FOR DISCOVERY PURSUA.JIo,;"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: STYNCHULA CHIROPRACTIC OFFICE (Nam~ of Prnon or Etltity) ~'ilhin lWe~' (20) days after se....ite of this subpoena, you are orderlOd by the ""..rt to prod..ce the following doc..ments or things: SEE ATTACHED at Mr.S GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Adam.) You may de;;...r or mail legible copies of the doc..ments or prod..ce things requested by this s..bpoena, together with the certificate of compliance, to the party making this request at the address IistIOd above. Yo.. hn-e the right to seek. in adunce, the ,...onable cost of preparing the copies or producing the things sought. If you fail Ie ?"od..ce the doc..ments or things required by this s..bpoe..... witr.in twenty (20) cays after its ser"ice, the party sen'ing this subpoena may seek a court order compelling yo.. to comply with it. THIS SL-SPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :\AME: ADDRESS: Tl<:F'l'RR SON .1. SHIPMAN. ESO. PO BX 1268 HARRISBURG. FA 17108 TELEPHO:\E: 215-246-0900 SUPREME COURT 10 #: AITOR.'\EYfOR: mn...'NnANT DA IE: (fl';J/1 d 04/10/2001 f_, ~061 , Prathonowy/C wit Divi5ioft 40-.--0 9 '~fV?A' r- '------ Seal of the Court (Eff, 7/ 9/j ~~ ,~ ':0,,, .', I . )'~> EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: STYNCHULA CHIROPRACfIC CfR. 3690 VARTAN WAY HARRISBURG, PA 17110 RE: 55244 VINCENT G. TRICE ANY AND ALL RECORDS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: VINCENT G. TRICE 122 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17055 Social Security #: 204-50-1725 Date of Birth: 04-04-1961 SU10-295930 55244-L03 -'~ '. o ,~ ~ y '-. --- ~j~,j CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS VINCENT G. TRICE TERM, -VS- CASE NO: 2000-7054 CIVIL JAMES WISE As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 04/10/2001 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEll-245296 55244-L04 " . ',.-', >' - ~ . ".' -~'''Hiii'; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS VINCENT G. TRICE TERM. -VS- CASE NO: 2000-7054 CIVIL JAMES WISE NO'1'ICE OF INTENT TO SERVE A SUBPOENA TO PRO.DUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 BECKER CHIROPRATIC TRAVELERS INS. co. STYNCBULA CHIROPRACTIC CTR. DR. ALAN KUSBllER MEDICAL INSURANCE MEDICAL MEDICAL TO: JAMES H. ROLAND, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fram the date listed below in Which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be 'served. Complete copies of any reproduced records may be ordered at your erp~nse by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03(20(2001 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFEIlDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - Any questions regarding this matter. contact THE MCS GROUP DlC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-148287 SS244-CO:L ,. .c I .', ..-l.'ll'! :';i! COMMONWEAL l'H OF PENNSYLVANIA . COUNTY OF CUMBERU....'iD VINCENT G. TRICE VS File No. 2000-7054 CIVIL JAMES WISE SUBPOENA TO PRODUCE DOCUMTh,.S OR THINGS FOR DISCOVERY PURSUA."" TO RULE 4009 " TO: CUSTODIAN OF RECORDS FOR: DR. ALAN KUSHNER (N.amr of Prnon or Entiry~ \\"ithin ~'e:":-:.y (10) days after servil:e of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED al MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may d.ih'" or maillegibl. copies of th. documents or produc.t!tings rftluest.d by this subpoena. log.th.r with the certificate of complianc.. to th. party making this r.qu.st at the address list~ above. You ha\..th. right to s..k, in .d"ance, the ,....onabl. cost of pr.paring th. copies or producing the things sought. [f you fail to ;>:oduce the documents or things r.quir.d by this subpoena. within tw.nty (~O) days aft.r its sen'ic., the party sen'ing this st::,poena may seek a court order compelling you to comply with it. THIS SL"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~AME: ADDRESS: .TRFFRRSON .T _ SHIPMAN. ESO. PO BX 1268 HARRISBURG. PA 17108 TELEPHO~:: 215-246-0900 SUPREME COURT 10 1/: ATIOR-"EY FOR: n1<1llmnAN'I' 04/10/2001 DATE: frl ;:}() r: ;:, I C', ,;).,,ry ) .1 "----~ o,AJ Seal of the Court (Eff,7/97) ,-"" .~ .' -,. L.' EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. ALAN KUSHNER 6103 LANSDOWNE AVENUE PHILADELPHIA, PA 19151 RE: 55244 VINCENT G. TRICE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: VINCENT G. TRICE 122 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17055 Social Security #: 204-50-1725 Date of Birth: 04-04-1961 5UlO-295932 55244-L04 i;,;ru~i~~Iimli1.~~i~~",",J,_"'Q"",i~!8l1illj:i~f*-J.....o..~ ~..~ ,~, p_Co,. .'~~ ~~',''''<~'.' ~ ~ = , iiltIIIlli~BIllWIi~~~" ,~ I~~ _~ ~~, 'l!!1lM_lIfl-~'I!.i'J:I~ n C) s:; " :;~ "t] (! '0 m f~;--' :::) ;-:-: z: C' v:,;; .. -.! -, t;:: "~, J-- , . -," ;-~ (-~'; > c:: 0 .- , :< :D (':) -< '-.-1 :1 il II ."", ~. ~' , "r< "iti..-'.>'~I VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 00-7054 CIVIL TERM JAMES W. WISE, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 6th day of February, 2002, this matter having been called for argument, the within motion to compel is granted, and it is ordered and directed that the plaintiff, Vincent G. Trice, attend an independent medical examination, to be conducted at the offices of David C. Baker, M.D., 19 Brookwood Avenue, Suite 104, Carlisle, Pennsylvania, at 1:00 p.m., on March 6, 2002. By the Court, James W. Rowland, Jr., Esquire For the Plaintiff Jefferson J. Shipman, Esquire For the Defendant ~ ~ :;,07,O:z.., ~. :bg ." ~, "v~-. .~" =,:.-,~".. v ,~,' ;.0,'_" '__'~,. '.".~~' '.' ""'1""',....,.., )'1 F-'" ') I; , r i' "- ~~ ~<) I "',",0 0". v t];~'llii . &';;.' ,'"" "','->'["..:' -"-""';';'i!;--" -"'_<'t""1 "< '.'c-'-ll'1-<'-"1",t,~;..;(-, CC~_~ <n""ll~'lt>'''[~'^-''''(c: '''f'>r'-' ,'i--I'~;'i ~-, R'f Ui;'\~l ,." '2 ~," (f'j 1 ::le '~I llC'C:,""j,", nt' II rev vvlvH.Ji...nL.r\l'~!.) \,.)~..1l \~ I J PENNSYLVANIA - . ~... "''' "~~____~~~" il'J1IY<"~:lr:'.JJlW!m ,--")0"'." ",--II~ 'h'" ,',-" IiIif..J:' VINCENT G. TRICE, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-7054 CIVIL CIVIL ACTION - LAW JAMES W. WISE, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER AND NOW, this z z., day of March, 2002, argument on the within motion for sanctions is set for Thursday, April 4, 2002, at 3 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, ~ W. Rowland, Jr., Esquire For the Plaintiff Jeffcrs6R J. ShipHHHl, BS!jl:l~ ~ R. ~ /05 gJ. V, 2. 5~.. For the Defendant ' -0 Ad :rlm. ~ ~::fLR~~ !. -'", ,-.""-" --,--, '" ..,~ .".c.,'".; i'~ , :i~.L2iY '~ ~ c) ",.',.. ,," '._;" h. I ,-,I " .-- , G0t,/:t.:::";";.~..-'\!\i~1 -:'~C',_k.jTY PEt-Ji\Js"\(lj!/~\i:A ".~ ",," ro,,'" \'l " '-,,,,' --,~","~,,~ ~,,,-,,,-,----"-,,'--' ,,~- ,-~.,- "_"u~"'~" ""~-, ,"~~^",~~,"~ """"''1l - ~, """"'" ", N, , "~~!"iI~~illkj~'!""'~mWlh""M. ~ 7P"lJl~~,!ll' ., .. " , <''''w' ", ,," . ~, ~.""L ,..,,"..^.' ;~V~~,'_V_;_ \ .,~"<. ,,'--~,,~ 't' Jefferson J.Shiprnan, Esquire I.D. #: 51785 John R. Ninosky, Esquire I.D. #: 78000 GOLDBERG, RATZMlIN & SHIPMAN, P.C. 320 Market street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2002, upon consideration of Defendant's Motion for Sanctions Pursuant to Pa.R.C.P. 4019 and Plaintiff's response thereto, if any, it is hereby ordered that Defendant's Motion is GRANTED. A judgment of non pros is entered against Plaintiff. Additionally, Plaintiff is hereby ordered to reimburse Defendant $ , in fees and expenses. Payment is due within days of this Order. BY THE COURT: J. J " ,. ~^ -" ,~ " ,~ - "~i Jefferson J.Shipman, Esquire I.D. #: 51785 John R. Ninosky, Esquire LD. #: 78000 GOLDBERG, KATZMAN & SHIPMAN, P. C . 320 Market street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR SANCTIONS PURSUANT TO PA.R.C.P. 4019 AND NOW, comes the Defendant, James W. Wise, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who files this Motion for Sanctions pursuant to Pa.R.C.P. 4019 by respectfully stating the following: 1. This matter arises from an automobile accident which occurred on or about October 16, 1998. 2. Plaintiff claims to have suffered injuries to his neck and back as a result of the accident. Thus, Plaintiff has placed his physical condition at issue in this litigation. 3. Defendant has requested that Plaintiff undergo an independent medical examination (IME) to be conducted by David C. Baker, M.D. ~'~ ,~ . ~ "..~ w _~ _, ^\___"~_.,,,",,~'-'_.r"'''''''','''''',,,,'_~ ,'~ .' " 4. An IME was scheduled for December 3, 2001; however, Plaintiff failed to attend the IME. 5. Plaintiff's failure to attend the IME caused Defendant to be charged a cancellation fee of $800.00. 6. After Plaintiff refused to pay the cancellation fee, and after Plaintiff failed to cooperate with the rescheduling of the IME, Defendant was forced to File a Motion to Compel on January 11, 2002. 7. By Order dated February 6, 2002, Judge Hess granted Defendant's Motion to Compel. A copy of the Order is attached hereto as Exhibit A. 8. Plaintiff was ordered to attend the IME on March 6, 2002, at 1:00. See Exhibit A. 9. Plaintiff failed to appear for the IME scheduled for March 6, 2002. 10. Plaintiff has also failed to pay any cancellation fees related to the IME's. 11. Plaintiff has provided no explanation as to why he failed to appear for his court ordered IME. 12. Plaintiff's failure to appear is a clear violation of Judge Hess' Order compelling Plaintiff's attendance at the IME. 13. Plaintiff has failed to cooperate with discovery throughout this litigation. Specifically, Defendant was required 2 ,~ ~u . , -" >; ,~. ~','I'V~'-, ,",.-0-""'''' ,,",,-' ,- '". '",,-.: '.bJ:li.il};1 to obtain an Order to compel Plaintiff to answer Interrogatories and to respond to a Request for Production of Documents. Judge Hess issued such an Order on February 12, 2001. A copy of this Order is attached hereto as Exhibit B. 14. Plaintiff's willful refusal to attend an IME severely prejudices Defendant's ability to adequately prepare a defense. 15. Defendant's ability to present a defense at trial is severely prejudiced by Plaintiff's failure to appear for an IME. 16. Plaintiff's conduct also appears to demonstrate a failure to prosecute this action. 17. Additionally, Plaintiff's failure to appear at two scheduled IME's has caused Defendant to incur substantial late cancellation fees. 18. Moreover, a significant amount of attorney's fees has been incurred by the Defendant in being forced to file multiple discovery motions in this case to obtain the most basic of discovery. 19. The imposition of sanctions for discovery violations is controlled by Pa.R.C.P. 4019. ~The imposition of specific sanctions under the Rule is within the discretion of the trial court." Poulos v. Com.. Dept. of Transp., 133 Pa.COffiffiW. 322,325, 575 A.2d 967,969 (1990) (citations omitted) . 3 '. "' v.' ., ,~'"'- ,~,.,-, ~,~~ '< """,' 20. Pennsylvania Rule of Civil Procedure 4019(c) (3) states, "The court, when acting under subdivision (a) of this rule may make an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience." (emphasis supplied) 21. Pennsylvania Rule of Civil Procedure 4019 (g) (1) states in part: [I]f following the refusal, objection or failure of a party or person to comply with any provision of this chapter, the court, after opportunity for hearing, enters an order compelling compliance and the order is not obeyed, the court on a subsequent motion for sanctions may, if the motion is granted, require the party or deponent whose conduct necessitated the motions or the party or attorney advising such conduct or both of them to pay the moving party the reasonable expenses, including attorneys fees, incurred in obtaining the order of compliance and the order for sanctions, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. 22. Plaintiff has failed to timely provide discovery during the pendency of this matter, and Plaintiff has willfully disobeyed a discovery Order compelling him to attend an IME. Plaintiff's failure to attend the IME has prejudiced Defendant's ability to adequately prepare a defense for trial, and has forced 4 <,-~ , ,--' ,,.. .~",,-,-- ~ ;.... -' ^ ~,,__,' ,",_' -, .,"..",'-. .;",,-" f'~"~'--c,~,:e-.''''';;-'''' ;;Zi Defendant to incur substantial fees and expenses. Therefore, it is respectfully submitted that this Honorable Court is well within its discretion to enter a judgment of non pros against Plaintiff, and to order Plaintiff to reimburse Defendant for the cancellation fees and attorney's fees. See, Lawrence v. General Medicine Ass'n Ltd., 412 Pa.Super. 163, 602 A.2d 1360 (1992); McSlov v. Jeanes Hospital, 376 Pa.Super. 596, 546 A.2d 684 (1988) . WHEREFORE, Defendant respectfully requests that this Honorable Court grant his Motion for Sanctions and that a judgment of non pros be entered against Plaintiff. In addition, Defendant respectfully requests that Plaintiff be ordered to pay reasonable costs and fees associated with the IME's and discovery motions filed with this Court. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Da te: 3/IJ /0 j.. 76529.1 Jef erson J. Shipman, squire Attorney I.D. No.: 51785 John R. Ninosky, Esquire Attorney I.D. No.: 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 5 , , 1Illliit.i:i_~,;;j FE B 11 REG'll VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF V CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-7054 CIVIL TERM JAMES W. WISE, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 6th day of February, 2002, this matter havins been called for arsument, the within motion to compel is granted, and it is ordered and directed that the plaintiff, Vincent G. Trice, attend an independent medical examination, to be conducted at the offices of David C. Baker, M.D., 19 Brookwood Avenue, Suite 104, Carlisle, Pennsylvania, at 1:00 p.m., on March 6, 2002. By the Court, James W. Rowland, Jr., Esquire For the Plaintiff Jefferson J. Shipman, Esquire For the Defendant :bg f. "''fl 'r,::- "', ''''. -., , ~' ~~ (J r:_ t_J \...~ ~3 \: InT"'o'I'".,,,w tJ;-",t t, ~';.'" t r"-'r'-",.. [ .' -' ::. :"1) f ~ ,'-:, i, ;,:"~;'j :'J!"'tf ~ht!1 t:/,y-,~ t'/ ,i,' ,~" -"_'; ~"," :',:r.,:: ['r-' t:~,l'v Hh.. a::!,.t\ \,,'l ~,' - j,' .." ""',,c '''.k I ; "'-, fills 1 ~. d"iiy Qr~~.~ ~q. .3 {jo..L.- ( Ly" J) : " A~ Prothonmar)' e::JiAl bpi ;4 ,",,'." ;~i ~''''.,i~~j~~~1:~~~~~~~~~,::~.",,~'~"7,~J~::~{~~~~"f€~~~~~,,~,~,"~o~=:~'~".,,"! :'b":,~'~'s"t:'~~c~.'__O...~"':<~ . --,,~9?~~ FER 11 REG'a VINCENT G. TRICE, Plaintiff IN THE,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED JAMES W. WISE, ORDER AND NOW, this/~~day of February, 2001, it is hereby ordered that Plaintiff shall answer the Interrogatories and respond to the. Request for Production of Documents within 02() days of service of this Order. BY THE COURT: !5/1Mfn _d. -iL~) J. 58480.1 Exh,lod !3 , "~'- ^" . -~,'" ,"",-;" . ;"~",,. " '.. ,. ,," ,.,0,')00' .' "",.;~.,",~:.,;. ",~'''. 'i" ',' ".i li,~: ; . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United states Mail, postage prepaid, in Harrisburg, Pennsylvania, on 3//S-/!rJ- James W. Rowland, Jr., Esquire 812 North 17ili street Harrisburg, PA 17103-1497 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By JOh5J4zn~kl)!~ LD. #: 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 76668.2 ~~>, ,,,1.1",",,. '<"-e-'."-~!,~,,.,.,,:,.. ..... ., ,~ ','," '''~U,i~''''''~'''~'.'.<,'i ).' <"",",~"'='o ""'~1!') '" ~"~",._~,,,,,-.," ,,~.. ,Y ,"",,,^,, .~',~,",". . ,p.,'-- ~ ~ ,.". "< .~ ' "'.'< 0 CJ C) C,'~ i ',,) , 2.~ ,~.. ", -"'0' , - ev , ~,,'~1 , t.~} \,;) - r , . , -.~"" , ' ~;", (,~:: '::".J .v L._ -=--1 ~ " :J =) ~~J ~ \ 0 ~ - I i I I " _. " ,1:' -" . "_I I '''\W''._.iJ!~lilJ. ~ 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) (xx for JURY trial at the next term of civil court. for trial without a jury. . ~-----._..._-----_._--_..._._----._...__.__._---_.._--......------------.---....---....----....-...---.-------...-----.---..-.-.-.-.-...------------..-------------.----.---- 1" CAPTION OF CASE (entire caption must be stated in fUll) (check one) Assumpsit Trespass VINCENT G. TRICE, lixx) Trespass (Motor Vehicle) (Plaintiff) (other) vs. JAMES W. WISE, The trial list will be called on 8/13/02 and .' 9/9/02 Trials commence on (Defendant) Pretrials will be held on 8/21/02 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 7054 xmcoo_. Civil Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire Indicate trial counsel for other parties if known: James W. Rowland, Esquire This case is rea.dy for trial. Signed: Print Name: .Tpffpr..s.an...J c:.h-ipmat:J. Date: f-:i:J -Q;;2.. Attorney for: Def'lJJ.J:lant_.. , "'."" 'L" ;'-;:,:;,,'~',".i.:", ,.".> ':'~"- 'J_( /JII., Jii'" '. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United states Mail, postage prepaid, in Harrisburg, Pennsylvania, on rncur n, 'J(;OJ,.: James W. Rowland, Jr., Esquire 812 North 17th Street Harrisburg, PA 17103-1497 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ~~,qUicC I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 76668.1 ~:i.I[''': ~~,,' JI ~-....., "",~-,',-,-",-' 1~il1 r.',' . "" -. ~- '"' .""",,--, ,< . . <-~"~,,,,~,,. " "'" '" 1'" '"' ""'0' ",-"' ,,~., __~, _ ~ IT( "', ,,' ~. . .""--",<,, ',,' ~, ,0/ .'___'~ CJ c ::? '~ft mrl:, ~~-;;:-' /~, '. (n~,~ -<,.,-' C-~',C ~~E; .-L~'C -7 :3 , , ~ ' " " C) ,'V n 'n "--,:,~ ):"... ..' '-'''- ,,~ c..; I~~ 'j '.~" .. ' . -~;~ ~i~ 'E.0f:~1 --0 1:7~ ::;:J ~: r;:, :J1 Ul . ... '11"" ~ II I~ '~ ~ 1:1 , i1 I i~ ! ". ,_ W',] ~-~ . . ...;. ~~"~~1I1~ ~~I i" " -~ ~ ~' 4' ~~lI\lJj..,J . VINCENT G. TRICE, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant : CML ACTION - LAW : JURYTRIALDEMANDED NOTICE TO TAKE DEPOSmON TO: James W. Wise and Jefferson J. Shipman, Esquire 320 Market Street Harrisburg, PA 17108-1268 PLEASE TAKE NOTICE, that pursuant to the Rules of Civil Procedure, counsel for the Plaintiff will take the video deposition of the following individual, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all matters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individual is required to appear at the time and at the address listed below and submit to examination under oath. Said deposition will be taken at the following place or location and time: 3690 Vartan Way Harrisburg, PA 17110 Date: August 1, 2002 Time: 10:00 A.M. Deponent: Dr. Joseph F. Stynchula You are invited to attend and examine the witness as you deem fit. --- l-i I'?~I ~ \ es H Rowland, Jr., Esquire I ttomey 1.D. #06847 812 N. 17th Street Harrisburg, P A 171 03 (717) 233-6787 Counsel for Plaintiff Date: 7/2--], joy- .J--< . . I, .- CERTIFICATE OF SERVICE AND NOW, this ,l?V) day of ~\.ll 'f ' 2002, I, JAMES H. ROWLAND, JR., do hereby certify that I did serve the foregoing document by placing it in the United States mail, postage prepaid, addressed to the following: Jefferson J. Shipman, Esquire 320 Market St. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant (r-t es H. Rowland, Jr., Esquire 12 N. 17th Street Harrisburg, PA 17103 (717) 233-6787 Attorney for Plaintiff ly:'ll~W, ,D, ''"'.tt~;::;'.i1~~W"li!:&'Ji~::a~l!1~~~l';ilr.-iii~~,:< d,;,.1",~,!.".",b"i+>k-i;,~'",),"":.td;,!~,A.;*':j,}-",J;/\l1""+*"I!<f;-iJ0.'ffil\W-~~'f1iit'~ii:lSi~~.cMi!.[".J '", ~_~t,l:!WJ!ll_~~~1i>M-~'~ .J , .. 'J, 0 -, 1,,_,~ " c: f',) u ~.t' -r; ;:g 6: '~ r"'" '.,"~ ig:~' i- N ___-7 U gC~1 ~r.j -.;.~ t....,) , C ".J 3 ~ S! -< (7'. ::0 -< JL~ , ' ,<M,~' , ",. i. . . VINCENT G. TRICE, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S REOUESTED POINTS FOR CHARGE 1. The Plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish; discomfort, inconvenience and distress as you find he has endured, from the time of the accident until today. 2. The Plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you believe he will endure in the future as a result of his injuries. 3. The Plaintiff is entitled to be fairly and adequately compensated for past, present and future loss of his ability to enjoy any of the pleasures of life as a result of his injuries. The enjoyment of life includes one's usual avocations and recreational activities and also a sense of peace and well being. '" 4. The Plaintiff is entitled to be fairly and adequately compensated for any fear of future consequences which he may have regarding his injuries, medical treatment, recovery and economic status. ~\Q Respectfully submitted: - /-I.~ t James H. Rowland, Jr., Esquire Attorney for Plaintiff "0""" , -'" .' , ,;: ,.) '" :' '.--,;, ", ';,-- ~';J' ~ ..,,:.: , Jefferson J. Shipman, Esquire LD. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-'7054 . CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW ,JURY TRIAL DEMANDED DEFENDANT'S PROPOSED POINTS FOR CHARGE 1. Based on all of the evidence and the law, you are instructed to return a verdict in favor of Defendant, James W. Wise. UQttII C/~ $~''''-"' C.1r~ l_" ,- ,-1.- "A~ . . . ,-=, '^' .' '" ~-- ~~---""i'r 2. In the present case, Defendant Mr. Wise admits liability for the happening of the accident; thu~, the only question for you to determine is to what extent, if any, the Plaintiff was injured as a result of the accident of The Plaintiff in this civil case has the burden of proof, and he must prove by a fair preponderance of the evidence that he was injured as a result of the accident of January 25, 1996. Moreana v. South Hills Health Care System, 501 Pa. 634, 462 A.2d 680 (1985). <;;~l~~.} .",' 3. When a party has the burden of proof on a particular case, his contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded that it is more probably aCCUl:ate and true than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto one side of the scale, place all of the evidence favorable to the Plaintiff; onto the other, place all of the evidence favorable to the Defendant. If, after considering the comparable weight of the evidence you feel that the scales tip, ever so slightly or to the slightest degree in favor of the Plaintiff, your verdict must be for the Plaintiff. If the scales tip in favor of the Defendant, or are equally balanced, your verdict must be for the Defendant. In this case, the Plaintiff has the burden of proving the following propositions: that the Defendant was negligent, and that the negligence was a substantial factor in bringing about his alleged harm. If, after considering all of the evidence, you feel persuaded that these propositions are more probably true than not, your verdict must be for the Plaintiff. Otherwise, your verdict should be for the Defendant, James Wise. Pa. S.S.J.I. 5.50. C/ V' M ~ , .-.- ~, I' ,-+"~,,, ":,yJ'~",~ C', ' ['~:d 4. To establish a fair preponderance of the evidence in a civil case, the jury may consider the testimony Qf all witnesses, regardless of who may have called them, and all exhibits received into evidence, regardless of who may have produced them. Miller v. Borouqh of Exeter, 366 Pa. 336, 77 A.2d 395 (1951). c.----~ ,-- . " ~' . , ~',,' ~ "".,",,"''-- ", '-:ll:\tli: 5. You may find inconsistencies in the evidence. Even actual contradictions in the testimony of witnes~es do not necessarily mean that any witness has been wilfully false. Poor memory is not UnCOffiffiGn. Sometimes a witness forgets; sometimes he remembers incorrectly. If different parts of the testimony of any wltness or witnesses appear to be inconsistent, you, the jury should try to reconcile the conflicting statements, whether or the same or of different witnesses, and you should do it if it can be done fairly and satisfactorily. If, however, you decide that there is a genuine and irreconcilable conflict of testimony, it is your function and duty to determine which, if any, of the contradictory statements you will believe. Pa. S.S.J.I. 5.04. '-"~" C-/ -",," ,,-' ",'~'. , ; '~~~', "'0 """". 6. If you decide that a witness has deliberately falsified his testimony on a si~rnificant point, you should _take this into consideration in deciding whether or not to believe the rest of his testimony; and you may refuse to believe the rest of his testimony, but you are not required to do so. Pa. S.S.J.I. 5.05. c;...---- C- ~~ .. ~~ '.~ ... --" _.' ~ "," - '"~_'~ "'0 ~', .. ':!Il;~ 7. In order for the Plaintiff to recover in this case, the Defendant's conduct must have been a substantial.factor in bringing about the injuries the Plaintiff is claiming. This is what the law recognizes as a legal cause. A substantial factor is an actual, real factor, although the result may be unusual or unexpected, but is not an imaginary or fanclful factor or a factor having no connection or only an insignificant connection with the accident. Pa. S.S.J.I. 3.03. Gc.-~ ,'__!c_' "-C-,-;:_" 8. Credibility of witnesses is always a matter for the jury. It is your duty to appraise the testimony_and to accept or reject the evidence given by the witnesses. You are not required to believe the testimony of the Plaintiff or her witnesses concerning any item of damages. You may reject or accept any portion of the evidence, depending upon your finding as to credibility. Gaita v. Pamula, 385 Pa. 171 (1956); Gottlob v. Hilleoas, 195 Pa. Super. 453 (1961). ~. k ~ , ~- , '<' ",^" , d " ""1~"0' __L>, .,',,,,- ",,,,,,,,,~',"'''' ,"',__~, ~~ 9. You are not required to accept the evidence offered by the Plaintiff as to the causal relation between the accident and any dam~ges that he is claiming. You may reject such evidence, or any part of it, if you do not find it credible or if, in your minds, it does not meet the standards as to the burden of proof as has been defined by this court. You may 'reject such evidence, or any part of it, even though no contradictory evidence has been offered by the Defendant. You may make your findings independent of all, or any part of, such testimony. Gaita v. Pamula, 385 Pa. 171 (1956); Gottlob v. Hilleqas, 195 Pa. Super. 453 (1961). .}V s;:;;JJ> PINY . ~K,vJ.P '~"', I A " r " AJI" ~) ,'j ,,1 ^''-' ',.,., ,-';','",~ _;","'", ","_ ~: 10. A Plaintiff has the duty and burden to establish by proper testimony the damages which he claims to nave sustained, and if he fails to meet that burden, damages cannot be awarded. Gordon v. Trovato, 234 Pa. Super. 279, 338 A.2d 653 (1975). (,/~' "" ,';0,-' f.e" --' i",~;'" -:j,_." ,,',';.C, ,~,;,,,,,',:,, d .\c,,' "";"~~""~lj 11. You have heard testimony from witnesses that are considered experts. 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. In determining the weight to be given to his opinion, you should consider the 'qualifications and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as is the case for other witnesses. Give it the weight, if any, to which you deem it entitled. Pa. S.S.J.I. 5.30. p':' c,.../ " _,n' ,I; .-->''''. ","" '. ",..,. ,', - > . ~'"", " -.' " -' >, ~ " ' "j 12. In general, the opinion of an expert has value only when you accept the facts upon which it is based, This is true whether the facts are assumed hypothetically by the expert, come from his personal knowledge, from some other proper source, or from some combination of these. Pa. S.S.J.I. 5.31. {. ~/ "" ".. .., . ,'(' ~ "',' < - ':.'<',j" 'L'-""" '.. '.'~< \j 13. In resolving any conflict that may exist in the testimony of the expert witnesses, you are entit~ed to weigh the opinion of one expert against that of another. In doing this, you should consider the qualifications and reliability of the expert witnesses, as well as the reasons for each opinion and the facts and other matters upon which it is based. Pa. S.S.J.I. 5.33. G-'~ ~'. - ~,,',-".. J.., ."" ";;,0",,:,: " '"".. "'Cio'."'"',J 14. The Plaintiff has the burden of proving every element of his case, including damages which flowed from.the alleged accident. In order to sufficiently prove the damage element of his case, the Plaintiff must introduce sufficient facts so that you can arrive at an intelligent estimate of damages without speculation or conjecture. Failure by the Plainfiff to place into evidence all the necessary elements for an accurate determination of damages is fatal to his case, and damages may not be awarded as to those claims made by Plaintiff for which he has failed to introduce suffici.ent evidence. Rochez Bros., Inc. v. Rhoades, 527 F.2d 891 (3d Cir. 1975); American Air Filter Co. v. McNichol, 527 F.2d 1297 (3d Cir. 1975). -./ V .,,"C. ,." . ",,] - ~ '-' ~ " ;;; -y ilr>~ 15. You will note that you may consider the interest, if any, which a witness might have in the outcome o{ this case. Any party to a lawsuit is vitally interested in the jury's verdict, and if such a party takes the stand and becomes a witness, then that interest must be considered by the jury. A party's interest is a factor to be considered along with all 'the o'ther evidence and circumstances of the case. Laub, Pennsv1vania Trial Guide, Section 586.1(1), at 158. ~' U' ~, , "- ,.. ,'", .,' '''','''",:--'- .~,;;: ,j "" '<""'0,"" "_'..',__ W." '_ . "~i_"~ 16. The number of witnesses offered by one side or the other does not, in itself, determine the weight Qf the evidence. It is a factor, but only one of the many factors which you should consider. Whether the witnesses appear to be biased or unbiased; whether they are interested or disinterested persons, are among the important factors which can go to the reliabIlity of their testimony. The important thing is the quality of the testimony of each witness. In short, the tei;t is not which side has the greater number of witnesses or presents the greater quantity of evidence, but rather which witness or witnesses and which evidence you consider most worthy of belief. Pressler v. Pittsburoh, 419 Pa. 440 (1965). Geeler v. Pennsylvania R.R. Co., 400 Pa. 240, 246 (1960). ,1-,,,,,,' (.,./""" c , ~ ' " '~'~...""-'.', ". '-'L~'~' . ""i'~,,: 17. In the event that you find the Plaintiff is entitled to recover damages from the Defendant, those damage~ must be limited to an amount that will reasonably compensate the Plaintiff for any harm suffered. Incollinuo v. Ewinu, 444 Pa. 299 (1971); Mancini v. Morrow, 312 Pa. Super. 192 (1983). ?~/ , L' '.,~ "0"'- .'C".." dttjffi 18. Any award of damages to the Plaintiff must be based upon evidence, not conjecture or speculation. Gordon v. Trovato, 234 Pa. Super. 279, 338 A.2d 653 (1975); Martin v. Johns-Manville Corp., 404 A.2d 1088 (1985). C>---- Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. B(}{?-<A~ ~ferson J. Shlpm n, Esqulre 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant DATE: '1' /q /07--- 84539.1 ~, .::SIl"""'"'"""i ~ ""wi ,",' .. . ..' , L ~Jf < cAsE NO.: .3 VI~)r~<Jt G, ~I"C DOCKET NO.: 66 ~ 'Ytl>'l Name IJudge _ ClerklProth ~Pstaff _I COURTROOM NO.: W c;),t'c -- DATE: 9/916).., " - ~" ,I' Juror # 77 1 15 3 66 " Y-I 1i1 5 79 6 Dl _ .en 7 .f:>3 .c:~ 8 1:4,' "1t 9 76 10 27 II p-~ ~r '0 24 ,~ IJ D~ liB I" 30 15 81 16. ('/').- 88 17 86 18 89 19 \:>f t;9 20 78 ,n n52 22 VS . bh'lf!:'S' Random No. '" "-'~) 24 25 26 27 28 29 JO "' ," 32 '" .Jj J4 35 36 Davis,MarshaU K Basebore, Tbomas D . Stover, Victoria A Bh.1II, B_ IJ Iii Coombs, Wendy L ~ Inn .,- C1L, T] ~ '11 ~d},Jcu.dt"i:r K r . ,...u c;,:~, ,1l_~itll\1 Lahey, Katherine M K1inlller, Joan M " liib....nm., M",.!hi C Dai.ley, Cory D - , __.teL Massey, Lisa Peters,(;ale B B_~.., ~blll;uce dC HeUer, Sandra Loy Best, MOdred L Batr.a, Kasll ZeU,IvaK FfeisbJII!J.II' Micb~Ue J _TT_mU_. .... . T CamplJeu. William E 57 22 75 82 Kinll, Kelly A 68 31 Mertel,Paul T Jr 84 71 1.1, Mo flC.CJ~D+ -2013059136 -1900116870 -1899099672 -18961187792 -1788914706 -1666145706 -1638535955 -1536832225 -1445198565 -1372984657 -1322553710 -1287733210 -1129737001 -9561159708 -934784052 -492588922 -447956840 -354522225 -344837017 -297501503 , -~271..~ 546 291992317 352795582 393524441 627135426 654312157 689843657 785165429 1072789587 1223616628 1257222371 1265084216 339495525 1 " ... . - .-_.. ,J,'r. Juror # Name Random No. '7 ,l, 87 Weiser, James C 37 J!>amet, Robert M 17 Reat'" Richard L 1783956153 1954126763 2130896243 38 39 ,~. ~ ~, ,- ,,~ ,I ,'''' ~',,"'----' ';'~"'::i , VINCENT G. TRICE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. JAMES W. WISE, DEFENDANT 00-7054 CIVIL TERM VERDICT QUESTION 1: Do you find that defendant was negligent? YEsL NO Defendant has admitted negligence so you must answer this question "Yes." QUESTION 2: Was defendant's negligence a substantial factor in bringing about plaintiff's harm? NO~ YES If you answer Question 2 "No," plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. QUESTION 3: If you answered Questions 1 and 2 "Yes," state the total amount of damages, that you find plaintiff sustained as a result of defendant's causal negligence. TOTAL $ DATE: 1- Jo - '2- FOREMAN / I'V'\ . ~1f~mmj!li~'lt~ '-"' . > ^" "." ~ CJ[: T I:' I,:. sq~(?-[~~:.~,:~,~~) TJ\fiY 10 p...., 02 SEP -H- .~ 12: :; 5 C' .,.,-, I'"' 1''('lJN'" U:V',r--<;:"'!-'! ("J"'lJ '..;...J 1 'I 'PENNSYLVi'NIA .', "'~~,--'" .'",~"""-- '^ ",>,~,,_. <--,'~'- ~-'."" '''-'---= ~"'''~A~''._~__''', ",,""',. '1> ", ~llOO~!1:l.!I!Ii!lWl~~ffffl"~,,"'j"'W[':~'j'(~~'-j:',i'j'M:w"I~~lw.~~~~~Il'~m~!\W,; , ,~ , ,,".' .". .",-- ~,,'-,'"'" ~ .~h,",;"oi 'c"'_ ..' iML..'ii!. Jefferson J.Shipman, Esquire 1. D. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant VINCENT G. TRICE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7054 CIVIL TERM JAMES W. WISE, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: PLEASE enter judgment based upon the jury's verdict entered for the Defendant on September 10, 2002. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: q/.1O 10;"" 85286.1 '/" / I f rson J. Ship n, Esquire ttorney I. D. No. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant ~ " ",'"" ~ '"'.' O~ ',;.',." '."~,,'~.,.,,; ',.,.;c" "i;",","',,""~'-"'__~>,; lli! ,",,~ . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, pennsylvania, on 91;?S/~.;A. / / James W. Rowland, Jr., Esquire 812 North 17~ Street Harrisburg, PA 17103-1497 Attorney for Plaintiff ':,. GOLDBERG, KATZMAN & SHIPMAN, P.C. f erson J. Sh' man, Esquire .0. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant , ~ 76668.2 iIi-"" - ,'. ~',~,'~, /~ / / ,'~.',."',,~ "____>'','~<.',~ .""","',""4' '~") ~- .'nji"" ~,~'" '. " ,-'," -,~~,- "-~,,, ,'-." .,~- '= 7?(.)~ It. i. 8 ~f! t ~ - ~ D- o ~ ,.^ " '>,," () c s: "U (li mfT: Z-XJ ~5: r>~" ~0 :,2 ~, . o ~,) '" ", -0 W o Q ., -~~ i'{i;? -',-,rn ',:,:? :~fG "~, '?::?r1 .,:) c-i '" ;;0 -< ."0 ~""',. -'4 ",