HomeMy WebLinkAbout99-02123
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defendant had prior degenerative changes which were the
root of the shoulder injury. Through the plaintiff and
through possible defense medical testimony, the defendant
may attempt to get into plaintiff's prior condition
resulting from an auto accident in 1980 and complaints of
pain in 1994. It is plaintiff's position that any
complaints plaintiff had at those times were totally
unrelated to his shoulder injury. The Court has cautioned
defense counsel to try to keep any video examination of the
medical people separate to the Court can rule on possible
exclusion of this questioning much easier at the trial.
Each party has examined the witness list and
exhibit list of the other party as contained in the brief
and raises no objection. This is a jury trial with four
challenges each estimated to take one and one-half days to
try.
By agreement of the attorneys, Mr. Bratic
will deliver to defense counsel the list of witnesses that
he intends to use with a snyopsis of their testimony, a
similar type bolt, and a schedule of compensible wage loss
within ten days of today.
By the Court,
DOUGLAS B. WONDBRS and
BBLBH K. WONDBRS,
Plaintiffs
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IN THB COURT OP COIOfON PLBAS OP
CUMBBRLAND COUH"l'Y, PBHRSYLVAHIA
NO. 99-2123
JURY TRIAL DBMAHDBD
IAN B. TOLBERT,
DefendlUlt
POINT FOR CHARGB
3.02 (Civ)
ORDINARY CARE--Definition
Ordinary care is the care a reasonably careful person would
use under the circumstances presented in this case. It is the
duty of every person to use ordinary care not only for his or her
own safety and the protection of his or her property, but also to
avoid injury to others. What constitutes ordinary care varies
according to the particular circumstances and conditions existing
then and there. The amount of care required by the law must be in
keeping with the degree of danger involved.
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IN THE COURT 01" COMMON PLEAS 01"
CUMBBRLAND COUNTY, PBNNSYLVANIA
NO. 99-2123
JURY TRIAL DRMAHDBD
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DOUGLAS B. WONDBRS and
IIBLBN It. WONDBRS,
Plaintiffs
IAN B. TOLBBRT,
Defondant
POINT FOR CHARGB
5.30 (Civ)
EXPERT TESTIMONY--CREDIBILITY GENERALLY
You will recall that Dr. Holencik gave testimony of his
qualifications as an expert in the field of orthopaedics.
A witness who has special knowledge, skill, experience,
training, or education in a particular science, profession, or
occupation may give his or her opinion as an expert as to any
matter in which he or she is skilled. In determining the weight to
be given to the expert's opinion, you should consider the
qualifications and reliability of the expert and the reasons given
for his or her opinion. You are not bound by an expert's opinion
merely because he or she is an expert; you may accept or reject it,
as in the case of other witnesses. Give it the weight, if any, to
which you deem it entitled.
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DOUGLAS B. WONDBRS and
HBLBN It. WONDBRS,
Plaintiffs
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IN THB COURT 01" COMMON PLEAS 01"
CUMBBRLAND COUNTY, PBNlfSYLVAHIA
NO. 99-2123
IJIH B. TOLBBRT,
Defendant
JURY TRIAL DEMANDBD
POINT FOR CHARGB
5.31 (Civ)
EXPERT OPINION--BASIS FOR OPINION GENERALLY
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, or they come from
his or her personal knowledge, from some other proper source, or
from some combination of these.
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IAN E. TOLBERT,
Defendant
JURY TRIAL DEMANDED
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DOUGLAS E. WONDERS and
HBLBlI It. WONDERS,
Plaintiffs
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IN THE COURT 01" COMMON PLBAS 01"
CUMBERLAND COUH'l'Y, PENNSYLVAHIA
NO. 99-2123
POINT FOR CHARGE
6.01B (Civ)
PAST PAIN AND SUFFBRING
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.
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DOUGLAS B. WONDBRS and
HBLBH Jt. WONDBRS,
Plaintiffs
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IN 'l'HB COUR'l' OP COJOION PLEAS OP
CUXBBRLAND COUN'l'Y, PBNNSYLVANIA
NO. 99-2123
JURY TRIAL DEMAHDBD
IJ\H B. TOLBERT,
Defendant
POINT POR CHARGB
6.01F cetvl
FUTURE PAIN AND SUFFERING
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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.
DOUGLAS B. WOIlDBRS and
IIBLBN It. WOIlDBRS ,
Plaintiffs
IN '1'IlB COURT OF COJOION PLEAS OF
CUXBBRLAND COUNTY, PENNSYLVANIA
NO. 99-2123
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JURY TRIAL DBMANDED
V
IAN B. TOLBERT,
Defendant
POINT FOR CHARGE:
6.0lH (Civ)
DISFIGUREMENT
The disfigurement which the plaintiff sustained or will
sustain as a result of this accident is a separate item of damages
recognized by the law. Therefore, in addition to such sums as you
award for pain and suffering and for embarrassment and humiliation,
the plaintiff is entitled to be fairly and adequately compensated
for the scarring as a result of this accident, and which he may
continue to suffer during the future duration of his life.
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DOOOLAB E. WONDERS and
HBLB1t It. WONDERS,
Plaintiffll
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I CUMBBRLAND COtnn'Y, PBNNSYLVANIA
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I NO. 99-2123
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I JURY TRIAL DRllANDBD
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IAN B. TOLBERT,
DefendAnt
POINT FOR CHARGE
6.01I (Civ)
ENJOYMENT OF LIFE
The plaintiff is entitled
and adequately
f his ability to
of his injuries.
compensated for past, present and
enjoy any of the pleasures of life
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DOUGLAS B. WONDBRS and
HBLBR It. WONDBRS,
Plaintiffs
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IN TUB COURT OF COXIIOH PLBAS OF
CUKBBRLAHD COUH'l'Y, PBNNSYLVANIA
NO. 99-2123
JURY TRIAL DRHAHDBD
IAN B. TOLBBRT,
Defendant
POINT POR CRAKGR
6.02B (Civ)
AUTO NEGLIGENCE: ELEMENTS OF PROOF EXPLANATION OF
NON-ECONOMIC DAMAGES
The plaintiff claims to different types or classes of damages
in this case. The elements which the plaintiff has the burden of
proving with respect to each type of damages are somewhat
different. The first type or class of damages sought by the
plaintiff is generally referred to as "economic" loss damages and
includes income loss, medical expenses, loss of earning capacity,
and out-of-pocket expenses.
The second type or class of damages is generally referred to
as "non-economic" loss damages and includes such things as pain
(past, present, and future), emotional SUffering, disability, loss
of enjoyment of life and life's pleasures, embarrassment, and
humiliation.
As I indicated, what the plaintiff must prove differs somewhat
depending on which type of damages claim is being considered--
economic or non-economic loss damages. I will now instruct you
regarding the elements which the plaintiff must prove.
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DOUGLAS B. WONDERS and
RRT.RN 1:. WONDERS,
Plaintiffs
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IN TIll COURT OP COMMON PLEAS OP
CUJlBERLAIfD COUNTY, PEHHSYLVAJlIA
NO. 99-2123
IAII B. TOLBBRT,
Defendant
JURY TRIAL DBHAHDED
POINT FOR CHARGE
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6.23 CCiv)
PREEXISTING INJURIES
A negligent party is subject to liability for harm to another,
although a physical condition of that person not known to the actor
makes the injury greater than that which the actor, as a reasonable
person, should have foreseen as a probable result of his or her
conduct. If you find that the plaintiff had a preexisting injury
that was aggravated by the defendant's negligence, you must find
the defendant responsible for the enhancement of the plaintiff's
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injury.
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I. In civil c.uessuch u this one, the Plaintiffs have the burden of proving those
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contentions which entitle them to relief.
When a party has the burden of proof on II particular Issue, their contention on that
Issue must be cstabllshed by a fair preponderance of the evidence. The evidence cstablishcs a
contention by a fair preponderance of the evidence if you arc persuaded that it Is more
probably accumte 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 lIIe scale, place all of the evidence favomble to the Plaintiffs; onto
the other, place all of the evidence favomble 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 Plaintiffs, your verdict must be for the Plaintiffs. If the scales
tip In favor of the Defendant, or arc equally balanced, your verdict must be for the Defendant.
In this case, the Plaintiffs have the burden of proving the following propositions: that
the Defendant was negligent, and that the negligence of the Defendant was a substantial factor
In bringing about the accident of Apri114, 1997, and the hann alleged by the Plaintiffs arising
therefrom. In this case, the Defendant has admitted that he was negligent, and that such
negligence was the sole and proximate cause of the motor vehicle accident of April 14, 1997.
However, the Plaintiffs have the burden of proving that the injuries alleged by Plaintiff,
Douglas E. Wonders, were caused by the motor vehicle accident of April 14, 1997. If, after
considering all of the evidence, you feel persuaded that these propositions are more probably
true than not true, your verdict must be for the Plaintiffs. Otherwise, your verdict should be
for the Defendant. Pennsylvania Standard Jury Instructions (Civil) ~5.50
2. In I negligence action such as this case, proof of damages Is an essentlal clement.
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When I Plaintiff falls to establ~~~ln a negligence action, the Defendant Is entitled to a
verdict even though lI!e Defcndant was guilty of negligence. Troutman v. Tabb, 285
PI.Super. 353,427 A.2d 673 (1981)'j ,.,. ".11,1/ ~ '
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3. In order for the Plaintiffs to recover In this case, thc Defendant's allcged ncgUgcnt
conduct must have been a substantial factor In bringing about thc accidcnt. This is what thc
law recognizes as Icgal cause. A substAntlal factor Is an actual, real factor, although thc result
may be unusual or uncxpected, but it Is not an imaginary or fanciful factor or a factor having
no conncctlon or only an insignificant connection with thc accidcnt. Pennsylvania Standard
1ury Instructions (Civil) fi3.25.
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4. The number of witnesses offered by one aide or the other does not, In itself,
detennlnc the wcight of the evidence. It is a faclor, but only onc of many factors which you
should consider. Whethcr thc witncs5Cs appear 10 be biased or unbiased, whether they are
Interested or disinterested persons, are among thc Important factors which go to thc reliability
of thc testimony of each witness. In short thc test Is not which side brings thc greater number
of witnesses or presents the greatcr quantity of evidence; but which witncss or witnesses, and
which evidence, you consider most worthy of belief. Even the testimony of one witness may
outweigh that of many, if you have reason to believe his testimony In preference to theirs.
Obviously, however, where the testimony of the witnesses appear to you to be of the same
quality, the weight of numbers assumes particular significance. Pennsylvania Standard Jury
Instructions (Civil) fiS.03.
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9. Pain and suffcring, liIcc any othcr itcm of damagc, must be causally related to thc
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accidcnt in ordcr to be recovcrablc. Pennsylvania Trial Guldc (Civll), 20 RBVISED edition,
1978 (137.21).
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10. 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
In the case. Pennsylvania Standard Jury Instructions (Civil) fi20.00.
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Wonders was carefully and lawfully traveling in an eastwardly
direction and stopped and signalled to make a left hand turn off of
West Trindle Road onto Mulberry Drive.
6. At the aforesaid time and place Defendant Ian E. Tolbert
was driving a 19BB Pontiac Sunbird and was also traveling East on
West Trind1e (SR 0641) Road.
7. At that time and place stated in Paragraph three the
vehicle operated by Defendant was caused and allowed to crash and
collide into the rear of the vehicle operated by Plaintiff Douglas
E. Wonders.
B. Said collision and all of the herein mentioned injuries
and damages sustained by Plaintiff Douglas E. Wonders are the
direct result of the negligent, careless and reckless manner in
which Defendant operated his vehicle as follows I
(a) In failing to keep proper and adequate control over
his vehicle;
(b) In driving his vehicle behind the vehicle in which
Plaintiff Douglas E. Wonders was operating at a
distance too close for the safety of the Plaintiff;
(C) In driving his vehicle in a reckless manner and with
careless disregard for the rights and safety of
CERTIFICATE OF SERVICE
I hereby certify that on this J.i!.h..day of May, 1999, a true and
correct copy of the PLAINTIFF'S COMPLAINT was served upon the
following by depositing the same into the United States Mail, first
class, postage prepaid tor
Donald R. Dorer, Esquire
JACOBS & SABA
214 Senate venue
Suite 503
Camp Hill
Attorney
Date I
Sl';i/qq
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san Bratic
.D. it 19249
101 Office Center, Suite A
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiffs
99HB.ooo51
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp ifill, PA 17011
Telephone Number: (717) 731-0988
Atlome I Cor DeCendant Ian E. Tolbert
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DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSVLV ANIA
No. 99.2123
VS.
IAN E. TOLBERT,
DEFENDANT
CIVIL AcrION - LAw
JURY TRIAL DEMANDED
PRE-TRIAL CONFERENCE MEMORANDUM OF DEFENDANT,
IAN E. TOLBERT
L. FACTS REGARDIl"'lG: LIABILI'!!}
This lawsuit arises out ofa motor vehicle collision occurring on April 14, 1997 on West
Trindle Road (SR 641) in Monroe Township, Cumberland County, Pennsylvania. On this date,
the Defendant, Ian E. Tolbert, was operating a 1988 Pontiac Sunbird in a generally easterly
direction on West Trindle Road when he struck the rear ofa 1993 Dodge Ram truck being then
operated by Plaintiff, Douglas Eugene Wonders. The police accident investigation report is
attached hereto as Exhibit "A" for the reference purposes of the Court. The sole negligence of
the Defendant has been stipulated to in advance of trial and will not be an issue at time of trial.
!L. FACTS REGARDING DAMAG~
The position with respect to damages sustained by Plaintiffs is as set forth in a medical
exhibit A
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exhibit B
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THOMAS K. HOW:\HI1. M.D.
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Donald R. Dorcr, Esquire
RE: Douera. E. Wonden
Mareh 20, 2000
Page 2
3) Harrisburg Ostcopathic Hospital records rcgarding surgery, 03/17/1998, by Doctor Holencik
on Mr. Wondcrs right shoulder for anterior glenohumeral illslabilily with dcgcnerativc
subluxation, right A-C joint. His hospital records rcviewcd indicaling a pre. and pos-top
diagnosis of arthritis, right shouldcr.
4) Doctor Holencik's office records including his initial cvaluation of Mr. Wonders on
01/1211998, somc ninc months following the accident, refcrring to Mr. Wonders aggressivc
laboring job, at which timc, 11 six week physical therapy program ofstrengthcning exercises"
was recommcnded, but actually never pursued as surgcry was undertaken and pcrformed on
03/17/1998. Hc was offwork nine months, but recuperated well and was allowed to return
to full, unrcstrictcd work and activities, being discharged by Doctor Holencik, 10/26/1998,
with only yearly rechecks recommended. On reevaluation, 10/1999, right upper extremity,
cervical radiculopathy was noted and work-up and evaluation for that commenced including
cervical spine flexion and extension X-rays, cervical MRI showing very diffuse, gcneralized,
degenerative, ccrvical disc discase as was present in his lumbar spine including C3-4, C4-5,
C5-6 and C6- 7 for which he underwent EMGs and nerve conduction showing bilatcral C6
and C7 radiculopathy, with diskograms showing only diffuse cervical, degenerative disc
disease, not corresponding to the patient's pain or a single level, and for which Doctor
Holencik is considering cervical diskectomy and fusion.
5) Police accident reports.
6) Vehicle damage photos showing the patient's trip he was driving with minimal damage only
to the bumper.
7) Deposition transcript of Douglas Wonders from 12/23/1999.
&) Mr. Wonders family physician's office records from 1996 through the present which includes
a back injury in 1111986, treated by Doctor Sullivan, carpal tunnel syndrome in 1988 of the
left upper extremity for which Doctor Cincotta referred him to Hershey Medical Center, left
wrist lump in 1992, paresthesias of the right arm when he holds his arm abducted noted in
1994 with EMGs done then, aU consistent with his development of cervical degenerative disc
disease and cervical root syndrome, as well as reference in 12/1997, just prior to his surgery,
of requirement for Xanax treatment for bad nerves, prompted by his wife leaving him.
In summary, the patient was involved in an rear-end automobile accident on 04/1411997. This
occurred at 5:30 p.m. on his way to work. He was able to get out of the vehicle and report to
work and worked a twelve hour shift in the bookbinding factory using his back, shoulders, and
arms, and reported to the Emergency Room to have his back checked the next morning, at Holy
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THOMA'" K. HOWt\RI1, M.D,
('t '~'IIIII,\'I; ()I'II h W,\IllH' PI("\~ 'I H',
Donald R. Dorer, Esquirc
RE: Dougla. E. Wonden
Mareh 20, 2000
Page 3
Spirit Hospital, whcrc a low back injury and dcgencrative disc disease was noted. Hc sought the
services of Chiropractor Gambcr,laler that day, who again treated his back and notcd specifically
on his initial evaluation. 04/15/1997, "neck and shoulder pain-free", later noting on a chiropractie
visit. 04/21, "fingers go numb when hands raiscd in air", often a normal finding. Chiropraetor
Gambcrs last note, 09/25/1997. indicates the patient is "feeling great" and after a final one month
check, was to bc discharged. However. on return, 10/1997, he notes for the firsttimc, a
consultation for right shoulder pain and orders X-rays and eventually referral 10 the surgcon.
Doctor Holencik specifically notes glenohumeral instability which is a dislocation, at surgery, as
well as dcgenerative subluxation of the right A-C joint. It is I1Q1 within a reasonable dcgree of
medical certainty that the patient could have sustained an anterior right shoulder dislocation or
subluxation at the time of the accident which would not have produced symptoms of pain,
swelling, ecchymosis, and tenderness in his right shoulder which would have rendered him unable
to perform a twelve hour shift at work or be examined by the physician the next morning at Holy
Spirit Hospitlli Emergency Room and the chiropractor later that day, both of whom noted free
range of motion and no pain or swelling in the shoulder. Likewise, the degenerative changes at
the A-C joint as well as the subluxation which Doctor Holencik noted nine months following the
automobile accident and at surgery, could not have been caused by the automobile accident as the
degenerative changes would certainly have been present for at least five years to produce this
degree of pathologic changes seen at surgery and one would normally anticipate to result from the
patient's job with heavy lifting and bending as well as overhead use of his arm in putting up
canopies, working many weekends over the summers for many years prior to the automobile
accident in his secondary job.
Likewise, the motorcycle accident which the patient sustained in 1980 resulting in head trauma,
fractured jaw, loss of teeth and multiple rib fractures would have resulted in more significant
trauma, certainly to his neck, spine, shoulders, and chest cage, than the rear-end injury from which
he went to work. It should be noted that the patient reports overhead lifting of 70 to 80 pounds
in his job since 1976. In his deposition, he doesn't remember when his right shoulder started
bothering him, but does state that "my arm was popping out". Personal interview, by 1. Laptis for
the insurance company on 04/16/1997 gave no evidence ofa shoulder injury. An independent
PEER review by another osteopathic orthopaedist, Doctor Antin, concluded that the shoulder
surgery was not related to the automobile accident.
In summary, records reviewed indicates conclusively that the patient sustained a lumbar strain at
the time of the automobile accident which was successfully treated through time, medication, and
the help of chiropractic with resolution of symptoms by 09/25/1997, according to the
chiropractor's office records, at which time, full, unrestricted activities were allowed.
THOMAS K. HOWARD, M,D,
CON""TINlO OUTIIOI'.IIIl1C I'M'.I 1<'1
Donald R. Dorer. Esquire
RE: Dougla. E. Wonden
March 20. 2000
Page 4
After that, right shoulder instability and degenerative changes at the acromioclavicular joint
required surgery. This was not the result of the automobile accident. This differs from Doctor
Holencik's conclusions, but concurs with Doctor Antin's conclusions in that Doctor Holencik did
not have privy to the records which we reviewed, specifically, his pre-existent right upper
extremity, neck, and back symptoms, as well as his lack of findings by two separate examinations
on 04/15/1997.
Likewise, the later development of symptoms from diffuse, degenerative, cervical disc disease as..
evidenced on Doctor Holencik's follow-up office visits 10/1999, are not the result of the
automobile accident, but the result of pre-existent, cervical, degenerative disc disease as
evidenced on X-ray and from the office records from symptoms in 1994 and possibly as early as
1988 when he developed radicular arm pain.
In view of the excellent and complete medical records, it is not felt an independent examination of
Mr. Wonders, some three years after the accident and subsequent surgery, would be worthwhile
or helpful. All of the above conclusions are within a reasonable degree of medical certainty based
upon my review of records and experience in treating these disorders over the past thirty plus
years.
Please let me know if you have any further specific questions relative to this letter.
~,~
Thomas K. Howard, M.D. ' ,
TKHlsas
DOUGLAS E. WONDERS and
HELEN K. WONDERS.
Plaintiffs
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-2123
JURY TRIAL DEMANDED
:
V
IAN E. TOLBERT,
Defendant
PLAINTIFF'S PRETRIAL MEMORANDUM
1. Statement of Basic Facts as to Liabilitv
The Defendant smashed into the truck operated by the
Plaintiff on April 14, 1997.
2. Statement of the Basic Facts as to Damaqes
The facts surrounding damages are set forth in a medical
opinion of Dr. Mark Holencik. Cervical injuries, which
will likely result in cervical fusion. Shoulder surgery
for repair of shoulder capsule and right AC joint. Also
wage losses not covered by first party carrier.
3. Principle Issues of Liabilitv and Damaqes
Whether the negligence of the Defendant was the proximate
cause of the Plaintiff's injuries.
4. Summary of Leqal Issues
Limitation as to reference of previous accidents, since
Mr. Wonders was asymptomatic.
5. Witnesses
a. Plaintiff, Douglas E. Wonders;
b, Helen K. Wonders;
c. Dr. Mark Eolencik by videotape deposition to be
DOUGLAS E. WONDERS and
HELEN It. WONDERS,
Plaintiffs
.
.
IN THE COURT OJ!' COMHOH PLEAS OP
CUMBERLAND COUNTY, PEllHSYLVANIA
NO. 99-2123
JURY TRIAL DEMANDED
.
.
.
.
V
IAN E. TOLBERT,
Defendant
:
:
PLAINTIFF'S PRETRIAL MEMORANDUM
I. Statement of Basic Facts as to Liabilitv
The Defendant smashed into the truck operated by the
2. Statement of the Basic Facts as to Damaaes
Plaintiff on April 14, 1997.
The facts surrounding damages are set forth in a medical
opinion of Dr. Mark Holencik, Cervical injuries, which
will likely result in cervical fusion. Shoulder surgery
for repair of shoulder capsule and right AC joint. Also
wage losses not covered by first party carrier.
3, Principle Issues of Liabilitv and Damaaes
Whether the negligence of the Defendant was the proximate
4. Summarv of Leaal Issues
cause of the Plaintiff's injuries.
Limitation as to reference of previous accidents, since
s. Witnesses
Mr. Wonders was asymptomatic,
a. Plaintiff, Douglas E. Wonders;
b. Helen K. Wonders;
Dr. Mark Holencik by videotape deposition to be
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Plaintiffs
I
I
I
:
IN 'l'HB COMMON PLEAS COUR'r OF
CUMBERLAHD COUN'l'Y, PERHSYLVJUlIA
NO. qq.j/?.:3>
: ;~
DOUGLAS B. WORDBRS and
HBLBN J(. WONDBRS, husband
and vife,
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CIVIL ACTION - LAW
L
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.
IAR E. TOLBER'l' ,
Defendant
:
:
:
I
PRAECIPE FOR WRIT OF SUMMONS
TO 'l'HB PRO'l'HOJIIOTARY:
Please issue a Writ of Summono against the above-named
Defendant on behalf of Plaintiffs in a civil action which occurred
on April 14, 1997 on West Trindle Road (SR 0641) in Monroe
TownShip, Cumberland County, Pennsylvania and cause the Sheriff to
serve the same forthwith.
Plaintiffs Douglas E. Wonders and Helen K. Wonders reside at
632 Lynes Road, Dillsburg, York County, Pennsylvania.
Defendant Ian E. Tolbert resides at R.D.#l, Box 1IA,
Ickesburg, Perry County, Pennsylvania.
DATED:
If-q -11
By:
Du an Bratic
ID No, 19249
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiffs
Douglas E. & Helen K. Wonder
'! IN THE COURT OF COMMON PLEAS OF
I THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA
PERRY COUNTY BRANCH
Veraus
Ian E. Tolbert
No. 99-2123
SHERIFF'S RETURN
: And now
April
30 ,1999: Served the within name Ian E. Tolbert
:the defendant(s) named herin, personally at the. courthouse in Bloomfield Bore
Perry County, PA, on April 30, 1999 at 1 :40 o'clock PM
by handing to Ian E. Tolbert , an adult member of family 1 true and attested
copy(ies) of the within Writ of Summons
,
i and made known to him the contents thereof
I
Swom and subscribed to before me this 10 f~
day of
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.
I 1999
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b<P~7 Sheriff of Perry County
P ..
Douglas E. Wondars, et. al.
Vs.
Ian E. Tolbert
No. 99-2123 Civil
19_
Now, 4/13/99
PA,....,...Y
19_, I SHERIFF OF CUMBERLAND COUNTY, PA do bereby depullzelhe SberllTor
Couaty 10 ..eeulelhls Wrll, Ihl. depulalloa belaa mode 01 the requellaad risk orlhe PlalnlllT,
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Affidavit of Service
Now,
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19
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M, served the
a true and
and mode known 10
So answers,
Sheriff of
County, Pa.
COSTS
Sworn and subscribed before
me Ihis day of
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SERVICE
MILEAGE
AFFIDAVIT
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occurring on April 14, 1997 u described In the Plaintiff,' Complaint,
9,. IS. DenIed, These paragraphs are generally denied pursuant to Pa.R,C,P.
11029(e),
WHBREPORB, the Defendant respectfully prays this Honorable Court to dismiss
Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the
Defendant.
NEW MATTER
16, Paragraphs I through IS are incorporated herein by reference, and made a part
helllOf u if set forth in full.
17. Plaintiff's claims are barred in whole or in part by the provisions of the
Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle
Financial Responsibility Law.
WHERBFORB, the Defendant respectfully prays this Honorable Court to dismiss
Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the
Defendant.
Respectfully submitted,
,
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By: . 17-
nald R. Dorer, Esquire
Attorney for Defendant
Identification No. 39126
Date: June 29. 1999
99HB.ooo51
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hili, PA 17011
Telephone Number: (717) 731-0988
Attome . Cor DeCendant Ian E. Tolbert
DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFS
IN no: COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSVLV ANIA
No. 99-2123
VS.
IAN E. TOLBERT,
DEFENDANT
CIVIL AcrION-LAw
JURY TRIAL DEMANDED
VERIFICATION
I, Ian E. Tolbert . verify that the statements made in the
foregoing Answer with New Matter of Defendant. Ian E. Tolbert. to Plaintiffs' Complaint
, which are within the personal knowledge of the undersigned, are true and
correct, and as to the facts based on the information of others, the undersigned, after diligent
inquiry, believe them to be true. And furthef, this Verification is signed on the
recommendation of my attorneys, who advise me that the allegations and language in this
document are required legally to raise issues fOf resolution at trial, by the Court, or by
continuing investigation and preparation for trial. I understand that some of these allegations
may prove inappropriate after investigation and trial preparation are complete and I leave the
determination of these matters to my attorneys on their advice,
I understand that all statements herein are made subject to the penalties of 18
Pa,C.S.A. fi4904, relating to unsworn falsifications to authorities.
Dated: ()(..,/ \5 J9c,
\c___ t ~&r
Ian E. Tolbert
J\i~ " 'qt 1
99/lB.oooSI
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp ifill, PA 17011
Telephone Number: (717) 731-0988
Attorn . Cor DeCendan Ian E. Tolbert
IN 'lID: COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFS
No. 99.2123
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein,
and that he caused a true and correct copy of the attached Answer with New Matter of
Defendant. Ian E. Tolbert. to Plaintiffs' Comolaint to be served by regular first class mail
upon:
/1
Date: June 29. 1999
/)/"
Ju/
Donald R. D r, EsqUire
Attorney for Defendant
VS.
IAN E. TOLBERT,
DEFENDANT
CIVIL AcrION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Dusan Bratic, Esquire
Bratic & Portko
101 South U.S. Route 15
DilIsburg, PA 17109
\
VERII'TCATro:l
I,
{X}rrglA~ Wnnrl('>r~
hereby acknowledge that
in the foregoing
I am
Plaint-iff
,
.
Plaintiff'" An""",,'!" to DP.ff'nr1,mt'" N.... M~t-t-..,rthat I have read
,
the foregoing, and the facts stated therein are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herp.in are made
subject to penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
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Date:
8/4/99
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CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.ZZ'F
IN THE HATTER Of:
COURT Of COHHON PLEAS
DOUGLAS E. , HELEN K. WONDERS. H/W- AUTO
TERM.
o
-VS-
CASE NO: 99-Z123
IAN E. TOLBERT
- IAN E. TOLBERT
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
HCS on behalf of DONALD R. DORER, ESQUIRE
defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least
twenty days prior to the date on which the subpoena is sought to be
served.
(Z) A copy of the notice of intent, including the proposed subpoena. is
attached to the certificate.
(3) No objection to the subpoena has been received, and
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 02/10/2000
DONALD R. DORER, ESQUIRE
Attorney for DEFENDANT
DEll-160763 lB734-L02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DOUGLAS E. WONDERS AND HELEN K. WONDERS, IruSI!AND AND '"IFE
VS.
File No, ' 99-2123
IAN E. TOLBERT
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009,22
TO: CUSTODIAN OF RECORDS FOR:PINNACLE DEALTH HOSPITAL
(S.m~ or Prnon or Entity)
Within twenty (20) days afler service of Ihls subpoena, you are ordeted by Ihe courllo produce the following do<umenls or
Ihings: SEE A'ITACHED
al THE IICS GROUP. INC. , 1601 HARKET STREET SUITE' 800 PHILADELPHIA,PA.19103
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the
certificate of compliance. to the party making this request at the address listed above. You have the right to seek, in
advance. the reasonable cost of preparing the copies or producing the things sought.
I( you (aiJ 10 produce the documents or things required by this subpoena. within twenty (20) days after its service, the party
serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: DONALD DORER, ESQUIRE
ADDRESS:214 SENATE AVENUE STE' 503
CAIIP BILL,PA. 17011
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
ATrORNEY FOR: THE DEFENDANT
DATE:
tW1A1
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Seal of the Court
(Eff. 7/97)
EXPLANATION OF REQUIRED RECORDS
::
TO: CUSTODIAN OF RECORDS FOR:
PINNACLE HEALTH HOSPITALS
2601 NORTII 3RD STREET
HARRlSBURG,I'A 17110
RE: 18134
DOUGLAS E. WONDERS
.
I
,
,
Any and all records, correspondence, files and memorandums, handwrillen
noles, relaling In any exammation, consultation care or treatment.
Dates Requested: up to and including the present.
Subject: DOUGLAS E. WONDERS
632 LYNES ROAD, DILLSBURG, I'A 17019
Social Security #: 202-46-5271
Date oC Birth: 12-27.1956
SU10-Z3160Z lB734-L02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DOUGLAS E. WONDERS AND BELEN K. WONDERS, HUS~ AND lIIFE
VS.
File No. , 99-2123
IAN E. TOLBERT
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: CUSTODIAN OF RECORDS FOR: COMKllNITY GENERAL OSTEOPATHIC HOSPITAL
(Nlml' o( Pl'rlon or Entity)
Within twenty (20) d.y. olter .ervice of this sultpeen., you ore ordettd by the court to produce the following documents or
things: SEE A'ITACIIED
.1 THE KCS GROUP.IRC.. 1601 MARKET STREET SUITE' 800 PHlLADELPHIA.PA.19103
(Addr~'s)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the
certificate of compliance, to the party making this request al the address listed above. You have the right to seek, in
advance, the reasonable cost of preparing the copies or producing the things sought.
Uyou fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party
serving this subpoena may seek a court order C'ompelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: DONALD DORER. ESQUIRE
ADDRESS:214 SENATE AVENUE STE' 503
CAMP HILL.PA. 17011
TELEPHONE: (215) 246-0900
SUPREME COURT ID #:
AITORNEY FOR: THE DEFENDANT
DATE:r /q I :).()O()
~ Pro 0 o,aty/Cle,k.rt olvl.
1 1 Lu./ fi?\ ,
C/ Oeputy /
Seal of the Court
(Eff. 7/97)
COUNTY OF CUMBERLAND
IN THE ~ATTER OF.
DOUGLAS E. , HELEN K. WONDERS. H/~. AUTO
COURT OF COMMON PLEAS
TERM,
o
-VS.
CASE NO, 99.2123
IAll ~. TOLIIERT
. IAN E. TOLIIERT
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
SHEPBERDSTOWH FAHlLY PRACTICE
PINNACLE HEALTH HOSPITALS
COHMUNITY GENERAL
ARLINGTON ORTHOPEDIC
MATTHE1l GAMBER. M,D.
HOLY SPIRIT HOSPITAL
FRY COMMUNICATIONS
MEDICAL
MEIlICAL
MEDICAL
MEDICAL
MEDICAL
MEIlICAL
EMPLOYMENT
TO: DUSAN BRATIC, ESQUIRE
MCS on behalf of DONALD R. DORER. ESQUIRE intends to serve a subpoena
identical to the one that is attacbed to this notice, You have twenty (20)
days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made the subpoena
may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure
4009.24. Complete copies of any reproduced records may be ordered at your
expense by completing the attached counsel card and returning same to MCS or
by contacting our local MCS office.
DATE: 01/21/2000
MCS on behalf of
DONALD R. DORER. ESQUIRE
Attorney for DEFENDlINT
CC: DONALD R. DORER. ESQUIRE
JOEL SHUTT
_ 99HII-00051
Any questions regarding this matter, contact
THE MCS GROUP INC.
1601 HARKET STREET
#800
PHILADELPHIA, PA 19103
(215) 246-0900
DE02-112277 ~8734-C02
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LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite S03
Camp 0111, PA 17011
Telephone Number: (717) 731-0988
Attorn . Cor DeCendant Ian E. Tolbert
DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-2123
VS.
IAN E. TOLBERT,
DEFENDANT
CIVIL AcrION - LAw
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this '2, 11 day of M 7 , rJIl . 2000, upon consideration of the
within Motion of Defendant, Ian E. Tolbert, to Compel Answers to Interrogatories and Request
for Production of Documents Addressed to the Plaintiffs, a Rule is hereby issued upon the
Plaintiffs to show cause, if any they may have, as to why the relief requested in said Motion
should not be granted, with the Plaintiffs being compelled to provide full and complete responses
to the Interrogatories and Request for Production of Documents Addressed to the Plaintiffs
within thirty (30) days.
Rule Returnable within twenty (20) days upon service hereof.
~ Q j~THECO.URT',
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LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp 0111, PA 17011
Tdepbone Number: (717) 731-0988
Attorn . Cor DeCendan Ian E. Tolbert
DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No, 99-2123
VS.
IAN E. TOLBERT,
DEFENDANT
CMLAcrION-LAw
JURY TRIAL DEMANDED
MOTION OF DEFENDANT, IAN E. TOLBERT, TO COMPEL
ANSWERS TO INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DoCUMENTS ADDRESSED TO THE PLAiNTIFFs
AND NOW, comes the Defendant, Ian E. Tolbert, who through his counsel Donald R.
Dorer, Esquire, Jacobs & Saba, Camp Hill, Pennsylvania, respectfully states as follows:
1. The above referenced matter was commenced by the filing of a Writ of
Summons on or about April 12, 1999, with a true and correct copy of same being attached
hereto as Exhibit" A" ,
2, Thereafter, a Complaint was fIled on behalf of the Plaintiffs on or about May
28, 1999, with a true and correct copy of same being attached hereto as Exhibit "B". The
Defendant fIled Answer with New Matter of Defendant, Ian E. Tolbert, to Plaintiffs'
Complaint on or about June 30, 1999, with a true and correct copy of same being attached
hereto as Exhibit "C".
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3. The PlaintlCfs' then filccl Plaintifrs Answer to Defendant's New Matter on or
about August 4, 1999, with a true and correct copy of same being attachccl hereto as Exhibit
-D-.
4. The Defendant servccl Interrogatories and Request for Production of Documents
Addressed to the Plaintiffs under cover of a letter dated May 10, 1999 by counsel for the
Defendant to counsel for the Plaintiffs, A true and correct copy of the letter of May 10, 1999,
and the enclosed Interrogatories and Request for Production of Documents Addressed to the
Plaintiffs, are attachccl hereto as Exhibit "Boo.
5, The Plaintiffs servccl Interrogatories and Request for Production of Documents
Addressed to the Defendant by letter dated June 24, 1999 to counsel for the Defendant. A true
and correct copy of the Interrogatories and Request for Production of Documents Addressed to
the Defendant, are attachccl hereto as Exhibit "P",
6. By letter dated August 9, 1999, counsel for the Defendant, Ian E, Tolbert,
submitted responses to the Plaintiffs' Interrogatories and Request for Production of
Documents. A true and correct copy of the letter of August 9, 1999 is attached hereto as
Exhibit "G".
7. By letter dated December 28, 1999, counsel for the Defendant, Ian E. Tolbert,
inquired of counsel for the Plaintiffs as to when responses to the Interrogatories and Request
for Production of Documents served on or about May 10, 1999 may be expected, with a true
and correct copy of the letter of December 28, 1999 being attached hereto as Exhibit "H".
8, The Interrogatories and Request for Production of Documents served upon the
Plaintiffs, and previously attached as Exhibit "E", are routine and appropriate written
discovery requests in a case involving a claim for personal injury allegedly arising out of a
motor vehicle collision,
ExhibIt A
( .
exhibit B
..
.. .
DOUGLAS R. WONDERS and I
HELEN K. WONDERS, I
husband and wife, Plaintiffs I
I
V. I
I
IAN E. TOLBERT, I
Defendants I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, qq'dl/~3
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICB
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 judgment may be
entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE 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.
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COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSB
4TH FLOOR, 1 COURTHOUSE SQUARE
CARLISLE, PA 17103
(717) 240-6200
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Wondeu Will carefully and lllwfully trllvelillCJ in IIn ellstwllrdly
direction IInd .topped IInd IiQnlllled to mllke a left hllnd turn off of
West Trindle ROlld onto Mulberry Drive.
6. At the IICorlllaid time and place Defendant Ian E. Tolbert
wae drivinQ a 190B Pontiac Sunbird and wal also travelinQ ElIst on
West Trindle (SR 0641) Road.
7. At thllt timlJ and place stated in Pllragraph three the
vehicle operated by Defendant was caused and allowed to crash and
collide into the rear of the vehicle operated by Plaintiff Douglas
E. Wondeu.
B. Said collision and all of the herein mentioned injuries
and damaQes sustained by Plaintiff Douglas E. Wonders are the
direct result of the negligent, careless and reckless manner in
which Defendant operated his vehicle as followsl
I
(8) In failing to keep proper and adequate control over
his vehicle;
(b) In driving his vehicle behind the vehicle in which
Plaintiff Douglas E. Wonders was operating at a
distance too close for the safety of the Plaintiff;
(c) In driving his vehicle in a reckless manner and with
careless disregard for the rights and safety of
VERIFICATION
. I,
lbualas E. Wonders
. hereby acknowledge 111811 am
8 Pl.~"..oIf=f=
inllle foregoing Dction Dnd Ihnll have reod
toM r,...",l.~n"
. and Ihe facls slaled Iherein are !rue nnd correct to lhe best of my
knowledge, inronnalion and belief.
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I lUldersland !bat any false statements herein are made subject to pennlties of 18
Pa.e.S. Section 4904. relating to WlSwom fnlsiIicatioll to auUlorities.
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CERTIFICATE OF SERVICE
I hereby certify that on thiB Ji!.'day of May, 1999, a true and
correct copy of the PLAINTIFF'S COMPLAINT Will served upon the
following by depositing the same into the United States Mail, first
01as8, po8tag. prepllid to.
Donald R. Dorer, Esquire
JACOBS & SABA
214 Senllte venue
Suite 503
Camp Hill
Attorney
Date I
S/"?r/qq
, ,
san Bratic
.D. t 19249
101 Office Center, Suite A
10l South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiffs
Exhibit C
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LAW omas OF JACOBS & SABA
214 Senate Avenue, Sulle 503
Camp Bill, PA 17011
Telephone Number: (717) 731-0988
Attome I for Defendant Ian E. Tolbert
DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFS
Iff nlE COURT OF COMMON PLE.(1i ~ ~
CUMIIERLAND COtlNTV, PENNSYLVANIA.
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No. 99-2123
._,
VS.
IAN E. TOLBERT,
DEFENDANT
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CMLAcrION-LAW
JURY TluAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT, IAN E. TOLBERT,
TO PLAINTIFFS' COMPLAINT
1. Admitted in part and denied in part. It is admitted that Plaintiffs, Douglas E.
Wonders and Helen K. Wonders reside at 632 Lynes Road, DiUsburg, York County,
Pennsylvania. All other allegations deemed factual in nature are generally denied pursuant to
Pa.R.C.P. ~I029(e).
2. Admitted.
3, Admitted,
4. Admitted.
5. Denied. This parngraph is generally denied pursuant to Pa.R.C.P. ~1029(e).
6. Admitted.
7. Denied. This parngraph is generally denied pursuant to Pa.R.C.P. U029(e).
8. Admitted in part and denied in part. All allegations set forth in parngraph 8
deemed to be factual in nature, including all subparngraphs thereof, are generally denied
pursuant to Pa.R.C.P. U029(e). By way of further statement, the Defendant, Ian E. Tolbert
generally admits that he was solely negligent in the occurrence of the motor vehicle accident
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occurring on AprU 14, 1997 I. dC.lCrlbed In the Plaintiff.' Complaint.
9.- IS. Denied. ThcIc Pll'IInphs arc generally denied pursuant to Pa.R.C.P.
11029(e).
"
WHEREFORE, the Defendant respectfully pnys this Hononblc Court to dismiss
Plaintiffs' Complaint, and to enter judgment against the PlalnllIfs and in favor of the
Defendant.
NEW MATl'ER
16. Paragraphs I through IS are incorporated herein by reference, and made a part
hereof as if set forth in full.
17. Plaintiff's claims are barred in whole or in part by the provisions of the
Pennsylvania No-Fault Motor Vehicle Insurance Act andlor the PeMsylvania Motor Vehicle
Financial Responsibility Law.
WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss
Plaintiffs' Complaint, and to enter judgment against the PlalnllIfs and in favor of the
Defendant.
Respectfully submitted,
L~Vfj'~ OFJ~9~Z::~A
Iijf L
onald R. Dorer, F..squire
Attorney for Defendant
Identification No. 39126
Date: June 29. 1999
"
.
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Bill, PA 17011
Telephone Number: (717) 731-0988
Attorne I for Defendant Ian E. Tolbert
DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFS
IN na COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-2113
VS.
IAN E. TOLBERT,
DEFENDANT
OVILAcrJON-L.\w
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire. hereby certifies that he is the attorney for the Defendant herein,
and that he caused a true and correct copy of the attached Answer with New Matter of
Defendant. Ian E, Tolbert. to Plaintiffs' Comolaint to be served by regular first class mail
upon:
Dusan Bratic, Esquire
Bratic & Portko
101 South U.S, Route 15
DiIlsburg, PA 17109
Date: June 29. 1999
Donald R. D r, Esquire
Attorney for Defendant
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exhibit 0
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CERTIFICATE OF SERVICE
I hereby certify that on this .i.!!: day of ~J'J""/ , 1999, a
true and correct copy of PLAINTIFF' S ANSWBR TO DEFENDANT'S NEW
HATTER was served upon the following by depositing the same into
the United States Mail, first class, postage prepaid tal
Donald R. Doror, Esquire
JACOBS & SABA
214 Senate Av nue
Suite 503
Camp Hill, A 17011
Attorney f r Defendant
Date I
f/~/qq
.'
D san Bratic
I.D. t 19249
101 Office Center, Suite A
101 South U.S. Route 15
Dillsburg, PA 17019
(717) 432-9706
Attorney for Plaintiffs
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exhibit E
.
, 99HB.oooSl
LAW OmCES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Bill, PA 17011
Telephone Number: (717) 731-0988
Attome I for Defendant Ian E. Tolbert
DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFs
IN 1m; COURT OF COMMON PLEAS
cm.mERLAND COUNI'Y, PENNSYLVANIA
No. 99-2123
VS.
IAN E. TOLBERT,
DEFENDANT
C1VlLAcrION-LAw
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS
UNDER Pa. R.C.P. 4009
ADDRESSED TO: Doul!(las E. Wonders and Belen K. Wonders, husband and wife
You are directed to produce the following documents pertaining to the incident,
occurrence, or accident described in Plaintiffs' Complaint for inspection and copying at the
offices of Jacobs & Saba, 214 Senate Avenue, Suite 503, Camp Hill, PA, 17011, pursuant to
Pennsylvania Rule of Civil Procedure 4009:
I. The entire contents of any and all claims and investigation f1Ies prepared in this
matter, however labeled, excluding references to mental impressions, conclusions or opinions
representing the value or merit of the claim or defense, or respecting strategies or tactics in
privileged communications from counsel.
2. All statements, memoranda, or writings, whether signed or unsigned, of any and all
witnesses, including any and all statements, memoranda, and writings of Plaintiff. ,
3. All photographs, recordings, f1lrns, charts, sketches, graphs and diagrams taken
and/or prepared.
4. Reports of, or from, any and all experts who will testify at trial, or whom you
expect will testify at trial.
S. All statements concerning this action or its subject matter previously made by any
party or witness pursuant to Pa. R.C.P. 4003.4.
6. All bills, receipts, reports, diagnosis (including x-ray and like diagnostic reports) or
prognosis and records of any and all medical, physical, psychiatric and/or psychological
treatment by any doctor, hospital, psychologist, and psychiatrist, phannacy or medical facility
for any injury, treatment or damage received by Plaintiff for any of the alleged incidents
referred to in Plaintiffs' Complaint.
7. All bills of any kind incurred by Plaintiff as a result of the alleged incident,
occurrence, or accident.
8. All medical records, employer statements, IRS W-2 Fonns, and Income Tax
Returns (for the preceding five (5) years), lost wages and/or employment records and all other
writings, including expert reports, establishing any claim Plaintiff may assert for lost earnings
and lost earning capacity and for any other fmanciallosses.
9. All documents, exhibits, or other tangible physical objects, and/or reports, of any
kind whatsoever that will be presented or introduced into evidence at time of trial.
Respectfully submitted,
Date: Ma,y 10. 1999
12. Loss OF EARNINGs:
",
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Is ANY PLAlN'nFF MAKING A CLAIM FOR LOSS OF EARNINGS OR IMPAIRMENT OF
EARNING CAPAOTY BECAUSE OF 11DS INClDENl"l IF SO, 'IlIEN PLEASE PROVIDE THE
FOu.oWlNG INFORMATION OF EAen:
,
(A) EACH EMPLOYER, JOB TITLE AND DFSCRIPTlON OF DllI1ES AS WELL AS MONTHLY OR
WEEKLY RATE OF PAY AT TIlE TIME OF 11115 INCIDENT;
(c) THE SOURCE AND AMOum OF ANY WAGES OR SALARY RECEIVED SINCE THIS INCIDENT;
AND
(B) THE INCLUSIVE DATES DURING Willen ANY PLAINllFF ALLEGFS BE OR SHE WAS
UNABLE TO WORK AS A RESULT OF THIS INCIDENT AND THE TOTAL AMOUNT OF
EARNINGS AND PLAINTIFF LOST BECAUSE OF 11115 ABSENCE;
(D) THE DATE ON WHICH ANY PLAINTIFF FIRST RETURNED TO WORK FOu.oWlNG 1BE
INCIDENT AND EACH EMPLOYER FOR WHOM ANY PLAINTIFF HAS WORKED SINCE 1BEdINCIDENT WITH INCLUSIVE DATES OF EMPLOYMENT, EACH JOB TITLE ANY I'LAIN1m'
BAS HELD AND EACH MONTHLY OR WEEKLY RATE OF PAY WillCH ANY PLAINTIFF HAS
RECEIVED FROM THE DATE OF STAR'IlNG WORK AGAIN AFI'ER THIS INCIDENT tJNTD,
THE PRESENT TIME.
13. IMPAIRED EARNING CAPACITY:
Is ANY l'LAINnFF MAKING A CLAIM FOR IMPAIRED EARNING CAPACIn' BECAUSE OF
TIUS INClDENr'l IF YES, PLEASE SlATE TOE AC'Jl1AL VALUE OF ANY PLAINmF's IMPAIRED
EARNING CAPACIn', SP:rI1NG our mE MANNER IN WHICU SAID VAUJE WAS CALC'ULATED, AND
BY WHOM.
14. STATEMENTS:
BAs ANY PLAINTIFF OR ANYONE ACl1NG ON ANY PLAINTIFF'S BEHALF OBTAINED ANY
STATEMENI'S, REroRTS, MEMORANDUM OR TESTIMONY IN ANY FORM FROM ANY PERSON
RELATING TO TIUS INCIDENT. IF SO, PLEASE IDENTIFY FROM WHOM THE SfATEMENT WAS
TAKEN, THE DA'IE OF THE SfATElIIENT AND PROVIDE A COPY IN ANSWER TO TInS
INTERROGATORY.
Ellhibit F
DEFINITIONS AND INSTRUCTIONS
(A) Whenever the term "document" is used herein, it includes
(whether or not specifically called for) all printed, typewritten,
handwritten, graphic or recorded matter, however produced or
reproduced and however formal or informal.
(B) Whenever you are asked to "identify" a document, the
following information should be given as to each document of which
you are aware, whether or not you have possession, cUBtody or
control thereof I
(1) The nllture of the document (e.g. letter, memorandum,
computer printout, minutes, resolution, tape recording, etc.)
(2) Its date (or if it bears no date, the date when it
was prepared);
(3) The name, address, employer and position of the
signer or signers (or if there is no signer, of the person who
prepared it);
(4) The name, address, employer and position of the
person, if any, to whom the document was sent;
(5) If you have possession, custody or control of the
document, the location and designation of the place or file in
which it is contained, and the name, address and position of the
person having custody of the document;
(6) If you do not have possession, custody or control of
the document, the present location thereof and the name and address
of the organization having possession, custody or control thereof;
(7) A brief statement of the subject matter of such
document.
(C) Whenever you are asked to "identify" an oral
communication, the following information should be given as to each
oral communication of which you are aware, whether or not you or
others were present or participated therein;
(1) The means of communication (e.g. telephone, personal
conversation, etc.);
(2) Where it took place;
(3) Its datel
(4) The names and addresses, employers and positions
(a) Of all persons who participated in the
communication; and
(b) Of all other persons who were present during or
who overheard that communication I
(5) The substance of who said what to whom and the order
in which it was said; and
(6) Whether that communication or any part thereof is
recorded, described or referred to in any document (however
informal) and, if so, an identification of such document in the
manner indicated above.
(D) If you claim that the subject matter of a document or
oral communication is privileged, you need not set forth the brief
statement of the subject matter of the document, or the substance
of the oral communication called for above. You shall, however,
otherwise "identify" such document or oral communication and shall
state each ground on which you claim that such document or oral
communication is privileged.
(E) Whenever you are asked to "identify" a person, the
following information should be given:
(1) The name, present address and present employer and
position of the person; and
(2) Whether the person has given testimony by way of
deposition or otherwise in any proceedings related to the present
proceedings and/or whether that person has given a statement
whether oral, written or otherwise, and if so, the title and nature
of any such proceeding, the date of the testimony, whether you have
a copy of the transcript thereof, the name of the person to whom
the statement was given, where the statement is presently located
if written or otherwise transcribed, and the present location of
such transcript or a statement if not in your possession.
(F) The term "you" shall be deemed to mean and refer to the
party(ies) to whom these Interrogatories have been propounded for
answer and shall also be deemed to refer to, but shall not be
limited to, your attorneys, consultants, sureties, indemnitor,
insurers, investigators, and any other agents insofar as the
material requested herein is not privileged.
(G) The word "incident" shall be deemed to mean and refer to
the incident as alleged to have occurred and as set forth in the
Complaint.
(H) The phrase "medical treatment" shall include any
(
4.
State your occupation, employer's name and address and
.
the length of time that you have been employed.
AHSWBR.
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33. Do you contend that the Plaintiff wae contributorily
negligent or that the Plaintiff assumed the risk of being injured?
If 10, state precisely the facti that support your polition.
ANSWER I
1. Any and all document referred to, relating to, or
pertaining to any answer to any Interrogatory.
2. Any and all statements concerning this action or its
subject matter obtained by you or anyone acting on your behalf.
3. Any and all investigation reports, except those protected
from discovery, prepared by you or by anyone on your behalf in
regard to the evaluation and litigation of the instant action.
4. Any and all documents curriculum vitae for each and every
person whom you expect to call as an expert witness at trial.
5. Any and all expert reports from each person whom you
expect to call as an expert witness at trial.
6. Any and all writings, memoranda, reports, statements and
records, etc., which you, your company and/or your client possess
concerning the case, investigation or review of the plaintiff and
this case.
7. Any and all writings, memoranda, reports, statements and
records, etc., which you, your company and/or client possess
concerning this case, investigation or review of the plaintiff and
this case.
8. Copies of all statements, memoranda, summaries of other
writings, documents, diagrams, and pictures obtained from your
investigation, your insurance company's investigation of your
attorney's investiglltion into the incident involved. You need not
supply any attorney's "work product" or other material which is
specifically expected as privileged by the above rule.
9. All documents in your possession, custody or control
prepared in anticipation of litigation or trial of this case,
except those documents which disclose the mental impressions of
your attorney's conclusions, opinions, memoranda, notes or
summaries, legal research or legal theories, and except those
documents prepared in anticipation of litigation by your
representatives to the extent that they would disclose the
representatives' mental impression, conclusions, or opinions
respecting the value or merit of the claim or defense.
10. To the extent that you have not already provided the same
in response to previous requests herein, all statements obtained
from any witnesses or memoranda of conversations with witnesses or
recordings of witnesses' statements made or obtained during the
course of the investigation or matters relating to this law suit,
and all such statements, memoranda, or records made by parties to
this law suit or their representatives.
11. To the extent not already provided in response to
previous requests herein, all statements made by any party to this
action, including written statements, signed or otherwiee adopted
or approved by the person making it, or stenographic, mechanical,
electrical or other recording or transcription thereof, which is a
substantially verbatim recital of an oral statement and
contemporaneously recorded, as allowed by Pa. R. C. P. 4003.5 and/or
F.R.C.P. No. 34.
12. To the extent that you have not already provided the same
copies of all records, documents and memoranda which have any
bearing upon the matters alleged against the requesting party.
13. To the extent not already provided, copies of all
experts' reports made or secured by you in connection with your
investigation of the matters relating to this law suit.
14. To the extent not already provided, copies of all
exhibits which you intend to offer into evidence at the trial of
this matter.
l5. To the extent not already provided, all photographs,
motion pictures, diagrams, maps, surveys, plans and models of the
site of the incident and of the vehicles in question that are in
your possession.
16. Copies of Declaration Sheets for each and everv policv
insuring you against the claims made in the instant action.
exhibit G
exhibit H
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PlIo No.: 99HO.ooo51
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(Must be typewritten and submitted In dupUcate.)
TO THB PR011fONOTARY OF CUMBERLAND COUNTY:
Please list the following case (check one):
( x) for JURY trial at the ncxt lCml of civil coun.
U for trial without a jUry.
CAPTION OF CASE:
(Entire Caption Must Be Stated In Ful!)
( ) Assumpsit
( ) Trespass
Douglas E. Wonders and Helen K. Wonders, husband
and wife,
( x) Trespass (Motor Vehicle)
( )
Plaintiffs
(OIhorl
vs.
Ian E. Tolben,
Defendant
The trial Ii,t will be c.sJled on June 13. 2000
Trisl. commonee on Julv 10. 2000
Pro-trial. will be held on June 21. 2000
(Brion are due S day. before prHriab.)
(The party lillin, thi. cu. (or trial ahlll provide forthwith. copy oflbt
praecipe to .11 eounaet, PUrlUant to local RuI1214f.1.)
No. 99-2123
Civil_ ~
(Chock One)
Indicate the attorney who will try case for the pany who ftles this praecipe: Donald R. Dorer. Esouire. Attomev
for Defendant: Jacobs & Saba. 214 Senate Avenue. Suite 503. Camo Hill. Pennsylvania. 17011: 17171731-0988.
Indicate trial counsel for other parties if known: Dusan Bratic. Esouire. Attornel' for Plaintiffs: Bratic & ponko. .
101 South U.S, Route 15 DilIsbur Penns Ivania 17109' 71 432- 7 1
This case is ready for trial.
I
S. J.. ;
Ign",,'
Print Name: Donald R. Dorer. EsQllire
Attorney for: Defendant. Ian E. Tolbert
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Date: March 24. 2000
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LAW Of'FICf:S
BIlATfC & POIlTKO
101 OFFICE CENTEH. SUITE A
IlII SOUTH U.S. HOUTE 15
IJILLSHUHG. PENNSYLVANIA 17019
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DOUGLAS B. WONDBRS and
HBLBN It. WONDBRS,
Plaintiffs
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IN THE COURT OP COMMON PLEAS OP
CUMBBRLAND COUH'l'Y, PBNNSYLVANIA
NO. 99-2123
JURY TRIAL DBHANDBD
V
IAN B. TOLBBRT,
Defendant
MOTION POR POST-TRIAL RELIBP
Pursuant to Pa. R.C.P. No. 227.1(a)(1), Plaintiffs, Douglas E.
Wonders and Helen K. Wonders, by and through their counsel Bratic
and Portko, moves the Court to grant a new trial in the above-
captioned action, and in support aver the following.
1. Plaintiffs are Douglas E. Wonders and Helen K. Wonders.
2. Defendant is Ian E. Tolbert.
3. This case arises out of a motor vehicle accident, which
Occurred on April 14, 1997.
4. A jury trial was held before the Honorable Edgar B.
Bayley, Judge of the Court of Common Pleas of Cumberland County,
Pennsylvania, on September 11, 2000.
5. The jury was empaneled and was sent to deliberations and
returned a verdict on September 12, 2000.
6. The stipulation was entered that the Defendant was
negligent.
7. The jury answered the verdict slip that the Defendant was
negligent.
8. The jury also found that the Defendant's negligence was
a substantial factor in bringing about the Plaintiff's harm.
9. The Defendant's expert Dr. Thomas Handler, an orthopedic
surgeon found that the Plaintiff Douglas Wonders did in fact
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BRATIC & PORTKO
Attorneya at Law
101 OFFICE CENTER, SUITE A
101 SOUTH U.S. ROUTE 15
D1LLSBURG, PENNSYLVANIA 17019
ilUSA
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BRATIC AND PORTKO
At/llme"s III Law
101 OFllCE CiiNTER, surmA
101 SOUTH U.S. ROUTE IS
DlLLSBURG. PENNSYLVANIA 17019
DOUGLAS E. WONDERS and
HELEN K, WONDERS,
PLAINTIFFS
V.
IAN E. TOLBERT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
AND NOW, this
: 99-2123 CIVIL TERM
ORDER OF COURT
'2l r day of September, 2000, upon relation by
defendant that plaintiffs are legally entitled to a new trial, a position with which we
agree, IT IS ORDERED:
(1) The post-trial motion of plaintiffs for a new trial, IS GRANTED.
(2) The Prothonotary shall list the case for the civil trial term commencing on
Monday, October 30,2000, even though the deadline for the listing has expired,
(3) The case need not be re-pretried but counsel shall call the case for trial at
the call ofthe list.
(4) At the request of defendant, the transcript of the trial shall forthwith be
prepared.
(5) All trial Exhibits are released to the party that admitted such Exhibits into
evidence.
A
Edgar B, Bayley,
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99HB.ooo5 I
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hili, PA 17011
Telephone Number: (717) 731-0988
Attorn I for Defendant Ian E. Tolbert
DOUGLAS E. WONDERS AND
HELEN K. WONDERS, HUSBAND
AND WIFE, PLAINTIFFS
IN 1)fE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-2123
VS.
IAN E. TOLBERT,
DEFENDANT
CIVIL ACTION - LAw
JURY TRIAL DEMANDED
-
CERTIFICATE OF SERVICE
Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein,
and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and
End to be served by regular first class mail upon:
Dusan Bratic, Esquire
Bratic & Portko
101 South U.S. Route 15
DiIlsburg, PA 17109
Date: October 31. 2000
onald R. Dorer, Esquire
Attorney for Defendant