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HomeMy WebLinkAbout99-07226J% ci C II PATRICIA ANN DISNEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 1999 9 G JEFFREY WRIGHT, CIVIL ACTION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NICHOLAS & FOREMAN, P.C By: BRUCE D. FOREMAN, E Q [RE 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID #21193 Attorneys for Plaintiff PATRICIA ANN DISNEY, Plaintiff V. JEFFREY WRIGHT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 1999 : CIVIL ACTION - LAW NOTICIA Le han demandado a Usted en la torte. Si Usted quiere defenderse de estas demandas expuestas en las paginas siguientes, Usted tiene viente (20) dias de plazo at partir de In fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su personal, Sea avisado que si Usted no se defrende, la torte tomara medidas y puede entrar una orden contra Usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para Usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SURCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRJTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Courthouse Court Administrator 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 NICHOL4S & FOREMAN, P.C. BRUCE D. FOREMAN, ESQ IRE 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 ID #21193 Attorneys for Plaintiff PATRICIA ANN DISNEY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 7 2-' G &,ze j.. JEFFREY WRIGHT, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, the Plaintiff, Patricia Ann Disney, by and through her attorneys, NIC140LAS & FOREMAN, P.C., and in support of her Complaint asserts as follows: 1. Plaintiff, Patricia Ann Disney, is an adult individual, sui juris, residing at 509 Huntingdon Avenue, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Jeffrey A. Wright, is an adult individual, sui juris, residing at 408 Center Street, Enola, Cumberland County, Pennsylvania 17025. 3. The events relevant hereto took place at or about 10:50 P.M. on Thursday, August 26, 1999 at or about State Route 944 (Wertzville Road) in East Pennsboro Township, Cumberland County, Pennsylvania at the intersection of East Penn Drive. 4. At the time and place aforesaid, Plaintiff, Patricia Ann Disney, was the operator of a 1996 Toyota Camry bearing Pennsylvania Registration No. PDISNEY, which vehicle was owned by her. 5. At the time and place aforesaid, the Defendant was the operator of a 1988 Mazda MX6 sedan bearing Pennsylvania registration BNT-5657, which vehicle was owned by him. 6. Immediately prior to the time and place aforesaid, the Plaintiff was operating her vehicle traveling south on East Penn Drive and was turning east onto State Route 944 (Wertzville Road). 7. Immediately prior to the time and place aforesaid, the Defendant was operating his vehicle in a westerly direction on State Route 944 (Wertzville Road), approaching the traffic control device at the intersection of State Route 944 (Wertzville Road) and East Penn Drive. 8. As Plaintiff approached the intersection of East Penn Drive and Wertzville Road, which intersection was controlled by a traffic control device, she proceeded with the green light into the intersection when her vehicle was suddenly and without warning struck by the front end of Defendant's vehicle, on the front end and passenger side of Plaintiff's vehicle, resulting in injuries and damages hereinafter set forth. 9. The aforesaid collision was caused solely by the negligence, carelessness, and recklessness of the Defendant in that he: a. failed to operate his vehicle so as to confine his movements to the area of the roadway properly reserved for Defendant; b. entered into area controlled by traffic control device in contravention of the same, but then proceed through a red light; C. drove his vehicle at a speed unsafe for conditions; d. operate the motor vehicle under the influence of alcohol; C. failed to keep a careful and prudent lookout for the vehicle of Plaintiff; f. failed to keep his vehicle under control and to stop the same prior to coming into collision with Plaintiff's vehicle; 9. failed to have his vehicle under proper and adequate control at all times; h. operated his vehicle at a speed excessive for the conditions then and there prevailing upon the traffic; and i. otherwise failed to operate his vehicle in a safe and careful and prudent manner and with due regard to the health and safety of others on the traffrcway. 10. As a result of Defendant's negligence, carelessness and recklessness as set forth hereinabove, Plaintiff sustained injuries to her shoulder and back, which have resulted in severe pain, limitation of motion, anxiety, emotional upset, mental anguish, shock to her nerves and nervous system, all of which has required Plaintiff to undergo and will continue to require her to undergo medical treatment for injuries set forth. 11. Plaintiff has suffered and will continue to suffer great pain, and limitations in her daily activities for which she seeks damages. 12. Plaintiff has and will suffer loss of earnings and has suffered diminution in her earning capacity for which damages are sought. WHEREFORE, Plaintiff claims damages from the Defendant in an amount not in excess of $25,000.00, which amount is within the limits of mandatory arbitration for the County of Cumberland, together with delay damages and the costs of this action. Respectfully submitted, NICHOLAS & FOREMAN By: Al""( Bruce D. Foreman, Esquire Supreme Court ID No. 21193 4409 North Front Street Harrisburg, PA 17110 Dated: •' /t?Fec? cl,?G, //! PATRICIA ANN DISNEY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 JEFFREY WRIGHT, CIVIL ACTION - LAW Defendant VERIFICATION I, PATRICIA ANN DISNEY, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. PATRICIA ANN DISNEY Dated: November .?O, 1999 JAMES J. MCCARTHY & ASSOCIATES, P.C BY: Susan Hass Cooper, Esquire Identification No. 77425 James J. McCarthy, Esquire Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 PATRICIA ANN DISNEY JEFFREY WRIGHT V. 80911 Attorneys for Defendant, Jeffrey Wright COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 99-7226 TWELVE JURORS DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Jeffrey Wright, in the above-captioned matter. JAMES J. MCCARTHY & ASSOCIATES, P.C. SUSAN HASS COOPER Attorney for Defendant, Jeffrey Wright I 1??11'Y>,?,?. JAMES J. McCARTHY & ASSOCIATES, P.C BY: Susan Hass Cooper, Esquire Identification No. 77425 James J. McCarthy, Esquire Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 PATRICIA ANN DISNEY JEFFREY WRIGHT V. 80911 Attorneys for Defendant, Jeffrey Wright COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 99-7226 TWELVE JURORS DEMANDED DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Jeffrey Wright, hereby demands twelve jurors for the trial in the above-captioned matter. JAMES J. McCARTHY & ASSOCIATES, P. C. r1 r? r SUSAN HASS COOPER Attorney for Defendant, Jeffrey Wright t1 ?- ?: ?1 ?, '; c ._, _ `: is r i:.. is .... ,_ ,. 'i .. ? f.) ??--^ JAMES J. McCARTHY & eYSOEsquEre PC BY: Susan Hass Coop Identification No. Esq77425 uire James J. McCarthy, Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 PATRICIAANN DISNEY V. JEFFREY WRIGHT 60911 Attorneys for Defendant, Jeffrey Wright COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 99-7226 TWELVE JURORS DEMANDED NOTICE TO PLEAD TO: Bruce Foreman, Esquire Nicholas & Foreman, P.C. 4409 North Front street 1709 Harrisburg, You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service thereof or a default judgment may be entered against you. JAMES J. MCCARTHY & ASSOCIATES, P.C. I? I V /t-' n ti/L-111 "I SUSAN HASS COOPER JAMES J. McCARTHY I Attorneys for Defendant, Jeffrey Wright JAMES J. McCARTHY & ASS, BY: Susan Hass Cooper, Identification No. James J. McCarthy, Identification No. SIX TOWER BRIDGE, SUITE DCIATES, P.C. 80911 Esquire 77425 Esquire 68891 550 181 WASHINGTON STREET Attorneys for Defendant, CONSHOHOCKEN, PA 19428 Jeffrey Wright (610) 825-5100 PATRICIA ANN DISNEY COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. No. 99-7226 JEFFREY WRIGHT TWELVE JURORS DEMANDED ANSWER OF DEFENDANT, JEFFREY WRIGHT, TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendant, Jeffrey Wright, is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph one (1), and therefore, demand strict proof thereof at trial, if relevant. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Defendant, Jeffrey Wright, is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph four (4), and therefore, demand strict proof thereof at trial, if relevant. 5. Admitted. 6. Denied. After reasonable investigation, Defendant, Jeffrey Wright, is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph six (6), and therefore, demand strict proof thereof at trial, if relevant. 7. Admitted. 8. Admitted in part; denied in part, it is admitted only that the intersection was controlled by a traffic control devise_ With regard to the remaining averments after reasonable investigation, Defendant, Jeffrey Wright, is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph eight (8), and therefore, demand strict proof thereof at trial, if relevant. 9. Denied. It is specifically denied that Defendant, Jeffrey Wright, was negligent, careless or reckless. To the contrary, Defendant, Jeffrey Wright, was at no time negligent, careless or reckless and at all times acted proper and appropriately. Moreover, the allegations contained in paragraph nine (9) are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof is demanded at trial, if relevant. Additionally, all allegations of causation and consequential i. i? f injury are specifically denied as improper legal conclusions and strict proof is demanded at trial. With respect to Plaintiff's allegations of injury, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph nine (9) and therefore, demands strict proof thereof at trial, if relevant. By way of further answer, and without waiver of the foregoing, the allegations contained in paragraph nine (9) are denied and deemed at issue pursuant to Pennsylvania Rule of Civil Procedure 1029 (e) . 10. Denied. To the contrary, Defendant, Jeffrey Wright, was at no time negligent, careless or reckless and at all times acted proper and appropriately. Moreover, the allegations contained in paragraph ten (10) are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof is demanded at trial, if relevant. 11. Denied. After reasonable investigation, Defendant, Jeffrey Wright, is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph eleven (11), and therefore, demand strict proof thereof at trial, if relevant. •y4 4 i; i 11 i. 12. Denied. To the contrary, Defendant, Jeffrey Wright, F7 1-1 17 was at no time negligent, careless or reckless and at all times acted proper and appropriately. Moreover, the allegations contained in paragraph twelve (12) are conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof is demanded at trial, if relevant. WHEREFORE, Defendant, Jeffrey Wright, respectfully requests that this Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. NEW MATTER 13. Defendant, Jeffrey Wright, incorporates herein by reference the averments contained in paragraphs one (1) through twelve (12) of the foregoing Answer as if fully set forth herein. 14. The Plaintiff's Complaint fails to state a claim upon which relief can be granted. 15. Plaintiff's claims are barred in whole or in part by the doctrines of contributory/ comparative negligence and assumption of risk. 16. Plaintiff has not sustained any injuries cognizable under Pennsylvania law as a consequence of answering Defendant's alleged action. 17. Plaintiff's claims are barred in whole or in part because Plaintiff's alleged injuries, if any, were not caused by the actions of Defendant, Jeffrey Wright. 18. Plaintiff's claims are barred because the Plaintiff has sustained no injuries in fact. 19. Plaintiff's claims are barred by the applicable statute of limitations. 20. Plaintiff has not alleged facts sufficient to support her allegations of negligence. 21. Plaintiff's allegations are vague and insufficiently pleaded under Pennsylvania law. 22. All or portions of the Plaintiff's claims are barred by the provisions of the Pennsylvania Financial Responsibility Act, the No-Fault Act of the Commonwealth of Pennsylvania and/or the Statutes of the Commonwealth of Pennsylvania, and the Answering Defendant incorporates all defenses available under said Act or Statutes as though fully set forth at length herein. 23. Any and all claims of the Plaintiff for products, services, and accommodations for (a) professional medical treatment and care; (b) emergency health services; (c) medical and vocational rehabilitation services; (d) working losses, past, present or future, and any and all economic losses are not recoverable from the Defendant under the provisions of the foregoing Motor Vehicle Insurance Law of the Commonwealth of Pennsylvania. 24. Answering defendant avers that the Plaintiff's cause of action is barred or limited by the Sudden Emergency Doctrine. 25. The instant civil action is barred by actual or statutory election of a tort threshold relative to the applicable policy of insurance. 26. The injuries alleged in the Complaint do not qualify as exclusions to the tort threshold system and recovery for said injuries is therefore barred. WHEREFORE, Defendant, Jeffrey Wright, respectfully requests that this court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. JAMES J. McCARTHY & ASSOCIATES, P.C. SUSAN HASS COOPER JAMES J. McCARTHY Attorneys for Defendant, Jeffrey Wright 80911 VERIFICATION Susan Hass Cooper, Esquire, hereby states that she is counsel for Defendant, Jeffrey Wright, in this action and verifies that the statements made in the foregoing Answer to Plaintiff's Complaint, are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. No. 4904 relating to unsworn falsification to authorities. ;I BY: SUSAN HASS COOPER Attorney for Defendant, Jeffrey Wright DATE: IL/ Z-`II `I I CI fi' ? C:. ? f? _ .. i.^ '' ?" ?. . ' ?_1 l: . J ` ly' l ' 1 C: 1?, _ ` _ i. ? CJ I PATRICIA ANN DISNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 7X26 -1999 JEFFREY A. WRIGHT, CIVIL ACTION - LAW Defendant PLAINTIFF'S ANSWER TO NEW MATTER 13. Plaintiff incorporates herein by reference paragraphs 1 through 12, inclusive, of Plaintiffs Complaint in response to paragraph 13 of Defendant's New Matter. 14.- 26. In response to paragraphs 14 through 26 inclusive of Defendant's New Matter, to the extent that the same are not legal conclusions and require response, Plaintiff denies the same and, if relevant, strict proof thereof is demanded at trial. WHEREFORE, Plaintiff respectfully requests relief as set forth in Plaintiffs Complaint. Respectfully submitted, NICHOLAS & FOREMAN, P.C. By: 4 k 4 a Bruce D. Fore an, squire Supreme Court ID No. 21193 4409 North Front Street Harrisburg, PA 17110 717-236-9391 Attorneys for Plaintiff Dated: January 5, 2000 rte- VERIFICATION I, PATRICIA ANN DISNEY, verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. °PATRICIA ANN DISNEY Dated: January 2000 I i _i I PATRICIA ANN DISNEY, Plaintiff V. JEFFREY A. WRIGHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 7726 - 1999 CIVIL ACTION - LAW CERTIFICATE OF SERVICE 1. BRUCE D. FOREMAN, Esquire, do hereby certify that I caused a copy of the foregoing Answer to New Matter, to be served this day by United States first class mail, postage prepaid, upon the following: Susan Hass Cooper, Esquire James J. McCarthy & Associates, PC Six Tower Bridge - Suite 550 181 Washington Street Conshohocken, PA 19428 Respectfully submitted, NICHOLAS & FOREMAN, M. By: / ? fLU - Bruce D. Foreman, Esquire Supreme Court ID No. 21193 4409 North Front Street Harrisburg, PA 17110 717-236-9391 17 Dated: January/ 2000 SHERIFF'S RETURN - REGULAR CASE NO: 1999-07226 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISNEY PATRICIA ANN VS. WRIGHT JEFFREY KENNETH GOSSERT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon WRIGHT JEFFREY A the defendant, at 15:30 HOURS, on the 3rd day of December 1999 at 408 CENTER STREET ENOLA, PA 17025 CUMBERLAND County, Pennsylvania, by handing to JOHN WRIGHT (FATHER) a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So ans y? Docketing 18.00 ?!f Service 9.30 Affidavit .00 Surcharge 8.00 omas Kline. eri X1ICHOLA959 FOREMAN // by ?V,- Sworn and subscribe to before me this 1c{ = day of 1M jv-L o A.D. //Qll1 C- /Y4Y?/n/ Nl? rothonotary JAMES J. McCARTHY & ASSOCIATES, P.C BY: Susan Hass Cooper, Esquire Identification No. 77425 James J. McCarthy, Esquire Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 80911 Attorneys for Defendant, Jeffrey Wright PATRICIA ANN DISNEY COURT OF COMMON PLEAS CUMBERLAND COUNTY, v, No. 99-7226 JEFFREY WRIGHT TWELVE JURORS DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the Verification of Jeffrey Wright, for the Verification of Susan Hass Cooper, Esquire, attached to the Answer and New Matter previously filed with the Court on January 3, 2000. JAMES J. McCARTHY & ASSOCIATES, P.C. SUSAN HASS COOPER Attorney for Defendant, Jeffrey Wright Dated:/ 1 o O 11 80911 JAM 0 7 2000 VERIFICATION Jeffrey Wright, hereby states that he is a Defendant in this action and verifies that the statements made in the foregoing Answer to Plaintiff's Complaint, are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. No. 4904 relating to unsworn falsification to authorities. BY:I?i?/?'( /' HEg REY WRIGHT DATE : 1/11/00 r? cv p ua .;. 60 U p --- . ?A-- . , ... . PATRICIA ANN DISNEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW JEFFREY WRIGHT, Defendant NO. 99-7226 CRIMINAL TERM !L ORDER OF COURT AND NOW, this 2? day of February, 2000, upon consideration of Defendant's Motion To Compel Plaintiff's Answers to Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Bruce Foreman, Esq. 4409 North Front Street Harrisburg, PA 17110-1709 Attorney for Plaintiff Susan Hass Cooper, Esq. James J. McCarthy, Esq. Six Tower Bridge, Suite 550 181 Washington Street Conshohocken, PA 19428 Attorneys for Defendant :rc JUS r JAMES J. McCARTHY & ASSOCIATES, P.C BY: Susan Hass Cooper, Esquire Identification No. 77425 James J. McCarthy, Esquire Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 80911 Attorneys for Defendant, Jeffrey Wright PATRICIA ANN DISNEY COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. No. 99-7226 JEFFREY WRIGHT TWELVE JURORS DEMANDED ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the Motion to Compel Full, Discrete and Complete Answers to Discovery on behalf of Defendant, Jeffrey Wright, and any responses thereto, it is hereby ORDERED and DECREED that Plaintiff, Patricia Ann Disney, is to respond to the Interrogatories, Sets I and II and Request for Production of Documents, Sets I and II, on behalf of Defendant, Jeffrey Wright, within thirty (30) days of the date of this order or suffer sanctions upon further application to this Court. BY THE COURT, ' J. JAMES J. McCARTHY & ASSOCIATES, P.C BY: Susan Hass Cooper, Esquire Identification No. 77425 James J. McCarthy, Esquire Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 80911 Attorneys for Defendant, Jeffrey Wright PATRICIA ANN DISNEY COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. No. 99-7226 JEFFREY WRIGHT TWELVE JURORS DEMANDED MOTION OF DEFENDANT, JEFFREY WRIGHT, TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY Plaintiff, Patricia Ann Disney, initiated this action against Defendant, Jeffrey Wright, by Complaint filed on December 1, 1999, alleging negligence with respect to the operation of a motor vehicle. 1. Discovery, in the form of Interrogatories, Sets I and II, and Requests for Production of Documents, Sets I and II, were served on Plaintiff by Defendant, Jeffrey Wright, under cover letter dated December 29, 1999, to be answered in accordance with the Pennsylvania Rules of Civil Procedure. (A true and correct copy of said cover letter is attached hereto as Exhibit "A".) 2. To date, Plaintiff has failed to provide answers to said discovery and is in violation of the Pennsylvania Rules of Civil Procedure. 3. Defendant, Jeffrey Wright, is entitled to said discovery as the information required is relevant and necessary for the proper preparation of a defense in this matter. 4. Defendant, Jeffrey Wright, has been prejudiced in the defending of this action because of Plaintiff's failure to provide the requested information. WHEREFORE, Defendant, Jeffrey Wright, respectfully requests this Court to enter an order directing Plaintiff to provide Answers to Interrogatories, Sets I and II, and Request for Production of Documents, Sets I and II, within thirty (30) days or suffer sanctions upon application to the Court. Respectfully submitted, JAMES J. McCARTHY & ASSOCIATES, P.C. By: (its SUSAN HASS COOPER JAMES J. McCARTHY Attorneys for Defendant, Jeffrey Wright 11 JAMES J. McCARTHY & ASSOCIATES, BY: Susan Hass Cooper, Esquire Identification No. 77425 James J. McCarthy, Esquire Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 P. C. 80911 Attorneys for Defendant, Jeffrey Wright PATRICIA ANN DISNEY COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. No. 99-7226 JEFFREY WRIGHT TWELVE JURORS DEMANDED MEMORANDUM OF LAW Rule 4019(a)i of the Pennsylvania Rules of Civil Procedure mandates, "The court may, on motion, make an appropriate order if and (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005;... (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. In the case at hand, plaintiff's counsel was served with Interrogatories and Request for Production of Documents, Sets I and II, on or about December 29, 1999 which requested, inter alia, information regarding plaintiff's allegations. To date, counsel for defendant, Jeffrey Wright, have not received the re uested information Defense counsel must receive answers to q their discovery requests in order to adequately prepare their case for trial, and plaintiff's failure to provide the requested information has severely prejudiced defendant. WHEREFORE, for all of the above reasons, moving defendant respectfully requests this Honorable Court to enter the attached order compelling plaintiff to respond to said Discovery or risk further sanctions upon application to this Honorable Court. Respectfully submitted, JAMES J. MCCARTHY & ASSOCIATES, P.C. gy : L 1tiC Hf?f ( l X SUSAN HASS COOPER JAMES J. MCCARTHY Attorneys for Defendant, Jeffrey Wright :a ..? r.:.- I :. - -; EXHIBIT "A" / law Omces or James J. McCarthy & Associates, P.C. Six Tower Bridge, 181 Washington Street. Suite 550 Consholmcken, PA 19420.20011 • (610) 825-5100 • Fax (610) 825.5101 80911 December 29, 1999 Bruce Foreman, Esquire Nicholas & Foreman, P.C. 4409 North Front Street Harrisburg, PA 17110-1709 RE: Disney v. Wright Dear Mr. Foreman: I enclose herewith the original and two copies of Interrogatories Addressed to Plaintiff, Sets I and II, and Request for Production of Documents Addressed to Plaintiff, Sets I and II, on behalf of our client, Jeffrey Wright, in the above- captioned matter. Kindly respond to the same in accordance with the time limits prescribed by the Pennsylvania Rules of Civil Procedure. Very truly yours, 1 SUSAN HASS COOPER SHC:dmr Enclosures JAMES J. MCCARTHY & ASSOCIATES, P.C BY: Susan Hass Cooper, Esquire Identification No. 77925 James J. McCarthy, Esquire Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 PATRICIA ANN DISNEY V. JEFFREY WRIGHT 80911 Attorneys for Defendant, Jeffrey Wright COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. 99-7226 TWELVE JURORS DEMANDED CERTIFICATE OF SERVICE I, Susan Hass Cooper, Esquire, do hereby certify that I caused a copy of the foregoing, Motion to Compel Discovery, to be served thin day by United States first class mail, postage prepaid to: Bruce Foreman, Esquire Nicholas & Foreman, P.C. 9909 North Front Street Harrisburg, PA 17110-1709 JAMES J. MCCARTHY & ASSOCIATES, P.C. SUSAN HASS COOPER JAMES J. MCCARTHY Attorneys for Defendant, Jeffrey Wright DATE: aI /-T/ 0o PATRICIA ANN DISNEY, Plaintiff, V. JEFFREY A. WRIGHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • 77 NO. 99-792 CIVIL ACTION - LAW RESPONSE TO DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW comes Plaintiff, PATRICIA A. DISNEY, and responds to Defendant's Motion to Compel Answers to Discovery as follows: 1. The instant case was initiated by Plaintiff by the filing of a Complaint on December 1, 1999, fourteen weeks ago. 2. Discovery in the form of Interrogatories were served on Plaintiff and answered by her. A true and correct copy of the said Answers to Interrogatories are attached hereto, labeled Exhibit "A", and made a part hereof. 3. Plaintiff has voluntarily submitted herself to deposition by Defendant, and at the request of Defendant, the same having occurred on February 23, 2000. 4. Within 10 weeks of having received Answers to original pleadings, Plaintiff has responded both to written Interrogatories and submitted herself to deposition. WHEREFORE, Plaintiff respectfully requests the Motion of Defendant be dismissed. Respectfully submitted, NICHOLAS & FOREMAN, P By: Bruce D. For Esqui Supreme Court ID No. 21193 4409 North Front Street Harrisburg, PA 17110 717-236-9391 Dated: March 1 1 2000 PATRICIA ANN DISNEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7726 JEFFREY A. WRIGHT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, BRUCE D. FOREMAN, Esquire, do hereby this day of March, 2000 serve the herein Response to Defendant's Motion to Compel via.United States first class mail, postage prepaid, upon the following person(s): Susan Hass Cooper, Esquire James J. McCarthy & Associates, P.C. Six Tower Bridge 181 Washington Street - Suite 550 Conshohocken, PA PA 19428 Respectfully submitted, NICHOLAS & FOREMAN, P.C. By: / ?i__-_ fj Brucd D. Foreman,`Esquire Supreme Court ID No. 21193 4409 North Front Street Harrisburg, PA 17110 717-236-9391 Dated: March 7 , 2000 PATRICIA ANN DISNEY, Plaintiff, V. JEFFREY A. WRIGHT, Defendant IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7726 CIVIL ACTION - LAW ANSWERS TO INTERROGATORIES OF DEFENDANT ANSWER: 1.(a) Patricia Ann Disney 1.(b) N/A 1.(c) June 3, 1941 - Harrisburg, PA 1.(f) 509 Huntington Avenue, Enola, PA 17025 - 6 years - 606 Huntington Avenue, Enola, PA 17025; 1965-1993 - 28 years. 1.(g) 188-32-5265 1.(h) 513" - 240 lbs. 1.(I) 513" - 240 lbs. 1.(j) Right shoulder pain - neck - back pain - arm pain - 2 bumps on head - Bruise on chest and arms and leg 1.(k) N/A ANSWER: 2. Represented by attorney. ANSWER: 3. Wayne R. Disney, Sr. a. Deceased May 28, 1991 b. November 8, 1958 C. None d. N/A e. N/A f. N/A ANSWER: 4.a. Wayne R. Disney, J. - March 14, 1963 Scott A. Disney - July 4, 1970 b. Wayne: 1711 N.W. Euclid Avenue, Haston, OK 73507 Scott: 3413 Glen Hollow Road, Dover, PA 17315 ANSWR: 5. None a. N/A ANSWER: 6. N/A a. N/A b. N/A c. N/A d. N/A ANSWER: 7. High School - 1958 ANSWER: 8. No other vehicles except mine - 1996 Camry Toyota ANSWER: 9. Yes. a. Pennsylvania b. 1959 to present c. 11-876-619 d. No - None e. None a. N/A ANSWER: 10. No ANSWER: 11. Licensed driver ANSWER: 12. No ANSWER: 13.a.Making a turn thru emergency vehicle area; speeding going 46 in a 35 mph zone b. 1998 1997 - not sure c. $93.00 - not sure ANSWER: 14. Not to knowledge of plaintiff ANSWER: 15. No ANSWER: 16. No. a-g N/A ANSWER: 17. Left Giant and turn onto E. Penn Drive traveling south on East Penn Drive and turning onto Route 944 when I was hit by Jeffrey Wright's car and pushed over two lanes. ANSWER: 18. See Police Report ANSWER: 19. See Police Report ANSWER: 20. Sister: Sandra Sommerville;Son, Scott Disney; Peg Hollinger; Joan Stancavage; James Toth; Dr. Jason Litton; Dr. Greg Ehgartner, D.O.; Dr. Denis Milke; Co-workers ANSWER: 21. No ANSWER: 22. Holy Spirit Hospital, ER - 717-763-2100; Dr. Jason Litton, M.D. - 761-5530; Dr. Greg Ehgartner, D.O. - 761-3875 and Dr. Denis Milke 761-6147. ANSWER: 23. a - e Holy spirit 8/26/99 and 8/27/99; Dr. Litton 8/31/99 - 9/29/99 - 11/9/99 - 12/20/99 - 2/21/99; Dr. Ehgartner, D.O. 8/23/99, 10/7/99, 12/6/99 Dr. Milke: 11-3-99; 11-23-99; 12-16-99 and 1-10-00. Blood pressure and depression shoulder, neck and arm paid, high blood pressure and back pain. x-rays - monitoring of blood pressure, EKG; x-rays examination and injection in shoulder Holy Spirit Hospital, ER-Camp Hill, PA see attached i don't know, - sent to insurance (Erie Insurance) ANSWER: 24. a. shoulder, hand, back and neck b. 8/26/99 Holy Spirit Hospital ER C. see attached d. Holy Spirit Hospital, 21°` Street, Camp Hill, PA ANSWER: 25. Bruises on both arms, chest and leg; two bumps on head; soft tissue trauma on right shoulder and arm; back and neck pain; scar on left arm from air bags; pain and injuries are continuing. ANSWER: 26. Yes, August 27, 28 and 29, 1999; went to work the following Monday in pain. Continued to require extensive bed rest. ANSWER: 27. No a-I: N/A j. Lawn mowing, $50.00, Paul Towner; laundry and groceries; vacuuming, Scott Disney ANSWER: 28. No. ANSWER: 29. Pain in right shoulder, neck and right arm; inability to sleep through the night due to back and shoulder pain; depression due to the accident and issues with Premier Insurance Company and lack of cooperation in trying to get rental car paid and failure to return calls. Pain continues and is exacerbated by any physical activity; doing anything repetitious like sorting papers or filing. ANSWER: 30. Yes. a. Shoulder pain and neck, pain; depression and blood pressure. b. Injections, therapy and medication c. Dr. Jason Litton, M.D. d. last 12/20/99 - injection again in shoulder. ANSWER: I 31. Scars from air bag burns on left and right arms; Contusions of head and two bumps on head and custs on left arm. ANSWER: 32. a-f Continues intermittent pain in shoulder and neck aggravated by physical activity and weather. ANSWER: 33. Good ANSWER: 34. Dr. Greg Ehgartner, D.O. 890 Poplar Church Road - Suite 508 Camp Hill, PA 17011 ANSWER: 35. Depression and several years since death of my husband and mother and father-in-law and mother-in-law in a very short time. ANSWER: 36. November 3, 1999; November 23, 1999; December 16, 199 and January 10, 2000. Dr. Denis Milke, stress and depression. Lack of cooperation of Jeffrey Wright's insurance company failure to return calls - not taking care of rental car as agreed to. Took title after was returned to accept liability for rental car and still have not received my imprint of credit card. ANSWER: 37. No, except for aches and pains /depression and high blood pressure and arthritis; physical activity limited. ANSWER: 38. No. ANSWER: 39. No. ANSWER: \ 40. No. ANSWER: 41. No. ANSWER: 42. American HomePatient, Inc. b. 1993 to present c. Receptionist, Human Resources, Data Entry, Customer Service Representative d. James Toth f. health care, vacation and sick leave ANSWER: 43. c. Not able to work on computer to long at a time due sittings for long sof shoulder timed pharm ysical activity and motion time perid d. No. ANSWER: 44. 45. No. 46. No 47. No. ANSWER: 48. $20,264.00 - 1998; other years not known exactly but in some order of magnitude. ANSWER: 49. Yes ANSWER: 50. No ANSWER: 51. None ANSWER: 52. No ANSWER: -- . r.r._ .. " nYlm?lll7 53. driver ANSWER: 54. a. Patricia A. Disney b. 1996 c.-d. N/A ANSWER: 55. No. C. Yes e. Camry - white ANSWER: 56. N/A ANSWER: 57. No. ANSWER: 58. a. Damage - left front side, hood, grill and window shield side door, left side, air bags both were released and was hit left front and again sideways the length of the car on left side, then hit at back left bumper; was pushed over two lanes while we were sideways (his car at side of mine full length) and then he hit the back. ANSWER: 59. No. ANSWER: 60. August 26, 1999 010:45 - 11:00 pm ANSWER: 61. Intersection of 944-Wertzville Road and East Penn Drive, Enola. ANSWER: 62. No. ANSWER: 63. No ANSWER: i 64. N/A ANSWER: 65. No ANSWER: 66. ANSWER: 67. No. ANSWER: 68. No. ANSWER: 69. No ANSWER: 70. No ANSWER: 71. No ANSWER: 72. Full Tort ANSWER: 73. Full Tort ANSWER: 77. N/A I PATRICIA ANN DISNEY, Plaintiff, V. JEFFREY A. WRIGHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7726 CIVIL ACTION - LAW ANSWERS TO INTERROGATORIES OF DEFENDANT ANSWER: 1.(a) Patricia Ann Disney 1.(b) N/A 1.(c) June 3, 1941 - Harrisburg, PA 1.(f) 509 Huntington Avenue, Enola, PA 17025 - 6 years - 606 Huntington Avenue, Enola, PA 17025; 1965-1993 - 28 years. 1.(g) 188-32-5265 1.(h) 513" - 240 lbs. 1.(I) 513" - 240 lbs. 1.(j) Right shoulder pain - neck - back pain - arm pain - 2 bumps on head - Bruise on chest and arms and leg 1.(k) N/A ANSWER: 2. Represented by attorney. ANSWER: 3. Wayne R. Disney, Sr. a. Deceased May 28, 1991 b. November 8, 1958 C. None d. N/A e. N/A f. N/A ANSWER: 4.a. Wayne R. Disney, J. - March 14, 1963 Scott A. Disney - July 4, 1970 b. Wayne: 1711 N.W. Euclid Avenue, Haston, OK 73507 Scott: 3413 Glen Hollow Road, Dover, PA 17315 ANSWR: N. 5. None a. N/A ANSWER: 6. a. b. c. d. ANSWER: 7. ANSWER: 8. ANSWER: 9. a b c d e N/A N/A N/A N/A N/A High School - 1958 r.. No other vehicles except mine - 1996 Camry Toyota Yes. Pennsylvania 1959 to present 11-876-619 No - None None a. N/A ANSWER: 10. No ANSWER: 11. Licensed driver ANSWER: 12. No ANSWER: 13.a.Making a turn thru emergency vehicle area; speeding going 46 in a 35 mph zone b. 1998 1997 - not sure c. $93.00 - not sure ANSWER: 14. Not to knowledge of plaintiff ANSWER: 15. No ANSWER: 16. No. a-g N/A ANSWER: 17. Left Giant and turn onto E. Penn Drive traveling south on East Penn Drive and turning onto Route 944 when I was hit by Jeffrey Wright's car and pushed over two lanes. ANSWER: 18. See Police Report ANSWER: 19. See Police Report ANSWER: 20. Sister: Sandra Sommerville; Son, Scott Disney; Peg Hollinger; Joan Stancavage; James Toth; Dr. Jason Litton; Dr. Greg Ehgartner, D.O.; Dr. Denis Milke; Co-workers ANSWER: 21. No ANSWER: 22. Holy Spirit Hospital, ER - 717-763-2100; Dr. Jason Litton, M.D. - 761-5530; Dr. Greg Ehgartner, D.O. - 761-3875 and Dr. Denis Milke 761-6147. ANSWER: 23. a - e Holy Spirit 8/26/99 and 8/27/99; Dr. Litton 8/31/99 - 9/29/99 - 11/9/99 - 12/20/99 - 2/21/99; Dr. Ehgartner, D.O. 8/23/99, 10/7/99, 12/6/99 Dr. Milke: 11-3-99; 11-23-99; 12-16-99 and 1-10-00. Blood pressure and depression shoulder, neck and arm paid, high blood pressure and back pain. x-rays - monitoring of blood pressure, EKG; x-rays examination and injection in shoulder Holy Spirit Hospital, ER-Camp Hill, PA see attached don't know, - sent to insurance (Erie Insurance) ANSWER: 24. a. shoulder, hand, back and neck b. 8/26/99 Holy Spirit Hospital ER C. see attached d. Holy Spirit Hospital, 21" Street, Camp Hill, PA ANSWER: 25. Bruises on both arms, chest and leg; two bumps on head; soft tissue trauma on right shoulder and arm; back and neck pain; scar on left arm from air bags; pain and injuries are continuing. ANSWER: 26. Yes, August 27, 28 and 29, 1999; went to work the following Monday in pain. Continued to require extensive bed rest. ANSWER: 27. No a-I: N/A j. Lawn mowing, $50.00, Paul Towner; laundry and groceries; vacuuming, Scott Disney ANSWER: 28. No. ANSWER: 29. Pain in right, shoulder, neck and right arm; inability to sleep through the night due t?. back and shoulder pain; depression due to the accident and issues with Premier Insurance Company and lack of cooperation in trying to get rental car paid and failure to return calls. Pain continues and is exacerbated by any physical activity; doing anything repetitious like sorting papers or filing. ANSWER: 30. Yes. a. Shoulder pain and neck, pain; depression and blood pressure. b. Injections, therapy and medication c. Dr. Jason Litton, M.D. d. last 12/20/99 - injection again in shoulder. ANSWER: 31. Scars from air bag burns on left and right arms; Contusions of head and two bumps on head and custs on left arm. ANSWER: 32. a-f Continues intermittent pain in shoulder and neck aggravated by physical activity and weather. ANSWER: 33. Good ANSWER: 34. Dr. Greg Ehgartner, D.O. 890 Poplar Church Road - Suite 508 Camp Hill, PA 17011 ANSWER: 35. Depression and several years since death of my husband and mother and father-in-law and mother-in-law in a very short time. ANSWER: 36. November 3, 1999; November 23, 1999; December 16, 199 and January 10, 2000. Dr. Denis Milke, stress and depression. Lack of cooperation of Jeffrey Wright's insurance company failure to return calls - not taking care of rental car as agreed to. Took title after was returned to accept liability for rental car and still have not received my imprint of credit card. ANSWER: 37. No, except for aches and pains/depression and high blood pressure and arthritis; physical activity limited. ANSWER: 38. No. ANSWER: 39. No. ANSWER: 40. No. ANSWER: 41. No. i ANSWER: 42. American HomePatient, Inc. b. 1993 to present c. Receptionist, Human Resources, Data Entry, Customer Service Representative d. James Toth f. health care, vacation and sick leave ANSWER: 43. c. Not able to work on computer to long at a time due to shoulder and arm pain, had a hard time sitting for long periods of time; physical activity and motion aggravates d. No. ANSWER: 44. 45. No. 46. No 47. No. ANSWER: 48. $20,264.00 - 1998; other years not known exactly but in some order of magnitude. ANSWER: 49. Yes ANSWER: 50. No ANSWER: 51. None ANSWER: 52. No ANSWER: 53. driver i ANSWER: 54. a. Patricia A. Disney b. 1996 c.-d. N/A ANSWER: 55. No. C. Yes e. Camry - white ANSWER: 56. N/A ANSWER: 57. No. ANSWER: 58. a. Damage - left front side, hood, grill and window shield side door, left side, air bags both were released and was hit left front and again sideways the length of the car on left side, then hit at back left bumper; was pushed over two lanes while we were sideways (his car at side of mine full length) and then he hit the back. ANSWER: 59. No. ANSWER: 60. August 26, 1999 @10:45 - 11:00 pm ANSWER: 61. Intersection of 944-Wertzville Road and East Penn Drive, Enola. ANSWER: 62. No. ANSWER: 63. No ANSWER: 64. N/A ANSWER: 65. No ANSWER: 66. ANSWER: 67. No. ANSWER: 68. No. ANSWER: 69. No ANSWER: 70. No ANSWER: 71. No ANSWER: 72. Full Tort ANSWER: 73. Full Tort ANSWER: 77. N/A 1 CC) - .r '? o U JAMES J. MCCARTHY & ASSOCIATES, P.C BY: Susan Hass Cooper, Esquire Identification No. 77425 James J. McCarthy, Esquire Identification No. 68891 SIX TOWER BRIDGE, SUITE 550 181 WASHINGTON STREET CONSHOHOCKEN, PA 19428 (610) 825-5100 PATRICIA ANN DISNEY 80911 Attorneys for Defendant, Jeffrey Wright COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. No. 99-7226 JEFFREY WRIGHT TWELVE JURORS DEMANDED PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as Settled, Discontinued and Ended. BG ruCe Foreman, Esquire Attorney for Plaintiff, Patricia Disney