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Home My WebLink About03-4891THOMAS MORIBONDO, ESQUIRE ATTORNEY ID. NO. 30306 1002 Robin DRive West Chester, PA 19382 (610) 399-3900 ATTORNEY FOR PLAINTIFF BRIAN A. HOPE 49 Keystone Court Honey Brook, PA 19344 VS. COURT OV COMMON PLE^S CUMB~Rr^~4r~ COWT¥ KATHRYN T. SHOEMAKER 29 Garden Drive Carlisle, PA 17013 COMPLAINT - CIVIL ACTION ~iene vein~e (20) ~Aas de plazo al pardi= ~e 1. PlaintiffBrian A. Hope is an adult individual currently residing at 49 Keystone Court, Honey Brook, Pennsylvania 19344. 2. Defendant Kathryn T. Shoemaker is an adult individual residing at 29 Garden Drive, Carlisle, Pennsylvania 17013 3. On or about January 22, 2002, at about 1:15 p.m., Plaintiff Brian A. Hope, in the course and scope of his employment with Communications Construction Group, had driven a commercial bucket track to a location on State Route 34 (Spring Road) near 1660 Spring Road in North Middleton Township, Cumberland County, Pennsylvania. 4. Plaintiffwas one of several workmen who had driven work vehicles to that section of State Route 34 to perform repair and/or maintenance on the communications system. 5. At the aforesaid date, time and place, Plaintiff Brian A. Hope stopped and positioned his work track so that he would have access, while elevated fi.om the bucket, to Utility Pole No. 15813 and was accompanied by a flag man who lind set out approximately six orange cones around the bucket truck and was directing traffic. 6. Signs had been placed in the roadway of State Route 34 to indicate to motorists that men were working in the area. 7. The strobe beacon lights on the vehicle Plaintiffhad driven were functional and operating at the aforesaid date, th-ne and place. 8. At the aforesaid date, time and place, PlaintiffBrian A. Hope was elevated approximately thirty feet in the air in the extended bucket of the parked commercial bucket truck performing maintenance on Utility Pole No, 15813. 9. At aforesaid date, time and place Defendant Shoemaker was operating her motor vehicle northbound on State Route 34 (Spring Road) in North Middleton Township, Pemtsylvania. 10. At the aforesaid date, time and place, Defendant Shoemaker disregarded the signs on the roadway and signals of the flag man, ignored the strobe beacon light and the orange cones that had been set out and proceeded forward carelessly, forcing the flag man to run aside, str'flcing the rear of the commercial vehicle above which Plaintiffwas working. 11. As a result of the impact, Plaintiff was thrown back and forth inside the elevated bucket of the truck. 12. The accident aforementioned was caused solely by reason of the negligence and carelessness of the Defendant Kathryn T. Shoemaker and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 13. The negligence of the Defendant consisted of the following: (a) failure to take due note of the point and position upon the highway of the vehicle above which Plaintiff was working; (b) failure to have the said motor under proper and adequate control at the time; highway; (c) failure to observe and obey the traf~lc signals and cones set out upon the (d) failure to maintain a proper lookout; (e) failure to exercise reasonable care in operating her vehicle at the said time and place; (O failure to make appropriate observations; (g) failure to avoid impact with the parked commemial vehicle; (h) violating varions laws of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles; (i) failing to apply brakes in time to avoid a collision; (j) failure to operate her vehicle in accordance with existing traffic conditions and traffic signs, signals and controls; (k) disregarding the signals of the flag man and the signs that had been properly placed on the roadway; (1) violating 75 Pa.C.S.A. §3111 and §3326; (m) violating the Rules of the Road of the Commonwealth of Pennsylwania; (n) negligence per se; (o) operating her said vehicle while knowing and/or while she should have known of her incapacity to control the said vehicle and make appropriate observations; and (p) otherwise operating said vehicle in a careless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a result of the aforementioned accident and the negligence and carelessness of Defendant, PlaintiffBrian A. Hope suffered severe injuries which include but are not limited to herniated discs at C34, C4-5 and C5-6; traumatic exacerbation of cervical spondylotic myelopathy; cervical strain and sprain; radicular pain with neurologic involvement; post traumatic headaches; injuries to his cervical, thoracic and lumbosacrai sp'me, their bones, cells, tissues, nerves, muscles and functions; injury to his dominant right shoulder along with a superior labral tear and a SLAP lesion along with right shoulder impingement; rotator cuff tendinits; synovitis; shock and injury to his nerves and nervous system, some or all of which injuries, Plaintiff has been advised, are or may be pcm~nent in nature. 15. As a result of the accident aforementioned and the negligence and carelessness of Defendant, PlaintiffBrian A. Hope has undergone an anterior cervical discectomy at C5-6; an anterior cervical fusion at C3 through C-6 with iliac crest structural bone graft and anterior plate fixation; an anterior cervical corpectomy at C4-5, along with pv~l~mnent and disfiguring scarring in the throat as a result of the surgeries. Plaintiff further developed lateral femoral cutaneous nerve symptoms and neurological dysfunction and erectile dysfunction following the bone harvesting procedure, which is and/or may be permanent in nature. 16. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiff Brian Hope has undergone an arthroscopic debridement of the labral tear and subacromial decompression of his dominant right shoulder, along with scarfing attendant to the surgery. 17. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiff has undergone great physical pain, suffering and mental anguish, and he may or will continue to endure the same for an indefinite time in the future, to his great detriment and loss. 18. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiffhas suffered a loss of earnings and loss and depreciation of his earnings and earning capacity, and he may or will continue to suffer such loss and depreciation for an indefinite time in the future, to his great detriment and loss. 19. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plalntiffhas been unable to attend to his usual and daily duties, avocations and occupation, and has suffered a loss of life's pleasures and he may or will continue to be unable to attend to the same for an indefinite time in the future, to his great detriment and loss. 20. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiff has been obliged to expend large sums of money for medicines and medical care and treatment in an effort to effect a cure and/or treatment for his injuries and he may or will be obliged to continue to expend such sums of money, for the same purposes, for an indefinite time in the future, all to his great detriment and loss. 21. As a result of the accident aforementioned and the negligence and carelessness of the Defendant, Plaintiff has undergone surgical procedures and resultant scarring, including an approximate 3½" scar on this throat and a 2½" scar above his right hip which are permanent and disfiguring and unsightly and Plaintiffmay in the future undergo medical procedures in order to attempt to alleviate the scars and the unsightly appearance. 22. As a result of the accident aforementioned and the negligence and carelessness of the Defendant, Plaintiffhas suffered embarrassment and humiliation which is continu'mg and may continue into the future, to his great detriment and loss. 23. As a result of the accident aforementioned and the negligence and carelessness of the Defendant, Plaintiffhas been prescribed narcotic medications in an effort to relieve his pain and now has a plate and screws installed in his neck, which may need to be removed at further expense; has undergone extensive physical and rehabilitative therapy and home exercise programs and is limited in function and motion, which limitations are expec~_xl to continue into the future. 24. As a result of the accident aforementioned, Pla'mtiffsustained losses of tools and equipment that he used in his employment and claim is made for the fair market value of said tools and equipment. WHEREFORE, Plaintiff claims of the defendant herein a sum in excess of Fifty Thousand Dollars, interest, damages for delay and costs. THOMAS MORIBONDO, ESQUIRE Attorney for Plaintiff VERIFICATION BRIAN HOPE , hereby states he is the Plaintiff in this action, and verifies that the statements made in the foregoing civil Action-Complaint are true and correct to the best of h~$ knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2003-04891 P COMMONWEALTH OF PENNSYLV/~NIA: COUNTY OF CUMBERLAND HOPE BRIAN A VS SHOEMAKER KATHRYN T BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE SHOEMAKER KATHRYN T DEFENDANT , at 0015:01 HOURS, at 29 GARDEN DRIVE CARLISLE, PA 17013 KATHRYN SHOEMAKER a true and attested copy of NOTICE COMPLAINT was served upon the on the 18th day of September, __ 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 2~ day of ~ ~.5 A.D. Prothonotary so Ans r R. Thomas Kline 09/19/2003 THOMAS P. MORIBONDO By: Depu~ Sheriff POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 FO: ALL PARTIES NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty (20 days of service thereof or a default may be entered against you. POST & SCHELL, P.C. By: ' (,~(~ Laura H. Scheft ' Attorney for Defendant POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 ANSWER WITH NEW MATTER OF DEFENDANT 1. Denied. After reasonable investigation, Defendant is without knowledge o information sufficient to form a belief as to the troth of the averments in this paragraph and strict ~f thereof is demanded. 2. Admitted. 3. - 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments in this paragraph and strict 9. Admitted. 10. Denied. All averments of negligence against Defendant are denied. 11. To the extent that this averment is not a conclusion of law to which no answer is uired, it is denied. After reasonable investigation, Defendant is without knowledge or -2- information sufficient to form a belief as to the truth of the averments in this paragraph and strict ~roof thereof is demanded. 12. Denied as a conclusion of law to which no answer is required. 13. This paragraph contains conclusions of law to which no answer is required. To the ~xtent it is deemed that a response to this paragraph is required, Defendant denies all allegations of negligence and denies liability to Plaintiff for the claims alleged. 14. - 24. Denied as conclusions of law to which no responsive pleading is required. To the extent that the averments are factual averments which may be deemed to require a response, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and strict proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff together with such other relief as the Court deems just and appropriate. NEW MATTER 25. Plaintiff's claims are barred by the applicable statute of limitations. 26. Plaintiff's claims for past and future medical expenses are limited to the sums received in satisfaction of the bills for services rendered, not the amount of the bills themselves. 27. Plaintiff's claims are barred and/or limited by the doctrine of release, setoff and/or accord and satisfaction to the extent any agreements, releases or settlements entered into b Plaintiff with any other person which relate to or arise from the incident complained of. 28. Plaintiff's claims are barred to the extent it is established the Plaintiff has failed to mitigate his damages. -3- 29. Defendant expressly reserves and preserves those affirmative defenses which need not be expressly pled under the Rules of Civil Procedure, including assumption of risk and comparative negligence. 30. Plaintiff has failed to state a cause of action upon which relief can be granted. 31. Any acts or omissions of Defendant were not substantial causes or factors of the subject incident and/or did not result in the damages alleged by the Plaintiff. 32. Plaintiff's claims are barred to the extent it is established that Plaintiff has failed to oin an indispensable party. 33. Plaintiff's claims are barred to the extent it is established that there was an ntervening or superceding cause of the condition complained of and/or his injuries. 34. Any claims for injuries and damages Plaintiff has allegedly suffered may be limited or barred by the Pennsylvania Motor Vehicle Responsibility Law. POST & SCHELL, P.C. [ ~uraH. Scheff - ~Attomey for Defend~t ~ ' -4- Re: Hope v. Shoemaker VERIFICATION I, Kathryn T. Shoemaker, hereby verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and beliefi The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unsworu falsification to authorities. DATE: Kathry4n' T. Sho~'n~iker -5- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: DATE: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 SANDRA MORALES -6- THOMAS MORIBONDO, ESQUIRE ATTORNEY I.D. No. 30306 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney for Plaintiff BRIAN A. HOPE VS. KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-4891 PLAINTIFF'S REPLY TO NEW MATTER 25. - 34. Inclusive. Denied. The allegations of the paragraphs are conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. Further, Plaintiff's injuries and losses were caused by the negligence arid carelessness of the Defendant as alleged in Plaintiff's Complaint, which is hereby incorporated by reference. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant. THOMAS MORIBONDO, ESQUIRE Attorney for Plaintiff VERIFICATION THOMAS MORIBONDO, ESQUIRE hereby states that he is the attorney for plaintiff; that he is acquainted with the facts set forth in the foregoing Plaintiff's Reply to New Matter; that the same are tree and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties ofl8 Pa.C.S. Section 4904 relating to unswom falsifications to authorities. THOMAS MORIBONDO, ESQUIRE ATTORNEY I.D. No. 30306 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney for Plaintiff BRIAN A. HOPE VS. KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-4891 CERTIFICATION OF SERVICE THOMAS MORIBONDO, ESQUIRE hereby certifies that he did mail a copy of the within Plaintiffs' Reply to New Matter to the following on November 28, 2003 via United States Mail, first class, postage prepaid: Laura Scheft, Esquire Post & Schell P.O. Box 10248 Lancaster, PA 17605-0248 THOMAS MORIBONDO, ESQUIRE Attorney for Plaintiff November 28, 2003 THOMAS MORIBONDO, ESQUIRE ATTORNEY I.D. No. 30306 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney for Plaintiff BRIAN A. HOPE VS. KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-4891 PLAINTIFFS' OBJECTIONS TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.21 Brian A. Hope, by and through his attorney, Thomas Moribondo, Esquire, objects to the proposed subpoenas listed below that are attached to these Objections for the following reasons: 1. With respect to the subpoena to Communications Construction Group, the request is overbroad and unrestricted in terms of time, medical records and subject matter as to be objectionable based on relevancy, privacy and breadth of the request. The records requested may and/or will contain information that is embarrassing, and/or subject to privacy concerns and/or unrelated health or medical issues and/or which may be confidential. The records requested are or may be privileged and/or statutorily exempt from production and/or be beyond the scope of discovery mad/or are not reasonably calculated to lead to the discovery of admissible evidence. The request for "any and all" records, memoranda and reports may and/or will relate to matters, problems or issues not of the type that are the subject matter of this lawsuit and be an invasion ofplaintiWs privacy. The overbroad requests of the defendant are the equivalent of the request to produce "any and all writings that contain plaintiff's name'". 2. With respect to the subpoena for Liberty Mutual Insurance Company, the request for the "entire workers' compensation file" may or will contain information not subject to discovery and may or will concern information that is embarrassing and/or subject to privacy concerns and/or will concern unrelated health and/or medical issues and/or confidential matters. The request is overbroad and not reasonably calculated to lead to the discovery of admissible evidence. The records subpoenaed are a request to conduct a fishing expedition. 3. Plaintiff has no objections to the other eleven (11) subpoenas defendant proposes to serve. Attorney for Plaintiff VERIFICATION THOMAS MORIBONDO, Plaintiff for the statements made in the foregoing Subpoenas are true and correct to the best of his knowledge, and belief. The undersigned understands that the therein are made subject to the penalties of 18 Pa.C.S. relating to unsworn falsification to authorities. ESQUIRE hereby states he is the attorney in this action and verifies that Objections to Service of information statements §4904 Date: ~' ?/~ ¥ T~OMAS MORIBONDO, ESQH~RE ~ttorney for Plaint±fl CERTIFICATION OF SERVICE I, Thomas Moribondo, Esquire, attorney for Plaintiff in this action, hereby certifies that he placed in the United States Mail, postage prepaid, on the below date, the following: Objections to Service of Subpoenas addressed to the below listed individuals: Laura Scheff, Esq. Post & Schell P.O. Box 10248 1857 william Penn Way Lancaster, PA 17605-0248 DATE: THOMAS MORIBONDO, E~QUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS, OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMMUNICATIONS CONSTRUCTION (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelt~hia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certiftcate 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF, ESQ. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215~ 246-0900 SUPREME COURT ID Cf: ATTORNEY FOR: Defendant MAR 3 2004 Seal of the Court BY THE COURT: Prothonotary/ClqrkqCivil"Divisico~J EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNICATIONS CONSTRUCTION 235 EAST GAY STREET WEST CHESTER, PA 19381 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary repons and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491338 ~ 3 9& 2 --L1 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTI$ OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LIBERTY MUTUAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grou~. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce thi]ags 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF. ESO. ADDRESS: 1857 WILLIAM PENN WAY p.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215/ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Dofendant Date: 2004 Seal of the Court BY.~THE COURT: ~ Prot honotary/Cle~k,~'Ci'~il Div~iqln EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LIBERTY MUTUAL 13 RIVERSIDE RD SUITE 5 WESTON,, MA 02493 RE: 43942 BRIAN A. HOPE EMPLOYER COMMUNICATIONS CONSTRUCTION, WC CLAIM # WC390-220443. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire workers compensation file, including but not limited to medical reports and/or records, claims and all correspondence, documentation supporting ~laintiff's claim, payments including dates of payments, payee and reasons for ayments, including any and all such items as may be stored in a computer database or otherwise in electronic form, perta/ning to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491344 4 3 94 2 --L1 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRIAN A. HOPE COURT 0F COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/23/2004 Attorney for D~D2fNT~/J DEll-481140 4 3 9,4 2 --LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER C0URT 0F COMMON PLEAS TERM, CASE NO: 03-48911 NOTICE OF IRT~TT TO SERVE A SUBPOENA TO PRODUCE DOcu~4ENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBOND0, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regard/rig this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 4 3 94 2 --CO LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTRS OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRA~YWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE 'VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TODD J. ALBERT. M.D. (Name of Person or Entity) Within twenty (20) days after serVice of this-subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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. If you 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 compelling you to comply with it. T~fIS SUBI~OENA W~S ISSUEb AT TH~REQUES~I' OF THI~ FOLLO'O~iNG PER§ON: NAME: LAURA SCHEFF, ESQ. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215} 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAR 2 3 2004 Seal of the Court Proxthonotary/Cl~rpc, ~ivil Divisio~' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TODD J. ALBERT, M.D. ROTHMAN INSTITUTE 925 CHESTNUT STREET PHILADELPHIA, PA 19107 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating 'to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491320 4 3 94 2 --LO 1 CERTIFICATR PREREQUISITE TO SRRVICR OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (i) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481141 4 3 94 2 --LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-4891 NOTICE OF INTiIN~ TO SERVE A SUBPOENA TO PRODUCE DOCUMEIqTS AND THTNGS FOR DISCOVERY FUI<SUANT TO RUhE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBONDO, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHHFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 4 3 94 2 --CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTRS OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS TMERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS BAKER INSTALLATION SPECIALTY CONSTRUCTORS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. VS. KATHRYN T. SHOEMAKER : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MEDICAL REHAB CTRS OF PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. lnc_ 1601 Market Street. Suite 800. Philadelvhia. PA 19103 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. If you 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 compelling you to comply with it. THIS'SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF, ESQ. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Dof~pdant Date: MAR 2 3 2004 Seal of the Court BY ?E COURT: ~ ,q Prothonotar~/Clerk~ ciril oivisi] EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MEDICAL REHAB CTRS OF PA 580 W. GERMANTOWN PIKE STE 106 PLYMOUTH MEETING, PA 19462 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, ties, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. ItOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491322 4 3 9 ~ 2 --LO 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER 0F: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481142 4 3 9~4 2 --LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-4891 NOTICE OF I_NTII%'T TO S~VE A SUBPOenA TO PRODUCE ~S AND THINGS FOR DISCOVERY PURSUAITT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBOND0, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 P~ILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 43 942--CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTES OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for THOMAS JEFFERSON UNIV. HOSP. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelohia. PA 19103 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 tkis 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF, ESQ. ADDRESS: 1 $57 WII J JAM PENN WAY P.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Dofondant Date: MAR ~ ~1 200,4 Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THOMAS JEFFERSON UNIV. HOSP. ill S. llTH STREET PHILADELPHIA, PA 19107 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history an,d physical reports, medication/ prescription records, nurse's notes, doctor s comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diag.no, sis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-49t324 4 3 9 4 2 --LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (i) A notice of intent to serve the subpoena with a copy of the s'sbpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481143 4 3 94 2 --LO 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-4891 NOTICE OF /_NT~zdT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY FuKSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBONDO, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting oar local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1501 MARKET STREET #8O0 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 4 3 94 2 --CO i >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTRS OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHARLES PARK. MD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF, ESO. ADDRESS: 1857 WILLIAM PENN WAY p,o. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAR ~ ~ 2004 Seal of the Court Prothonotary/Cie4, Cilil Division L-~tY -- F EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHARLES PARK, MD 19 FONTANA LANE BALTIMORE, MD 21237 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, ties, memoranda, handwritten notes, history [md physical reports, medication/ prescription records, including apy and all such items as may be stored in a computer database or otherwise m electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491326 4 3 9 4 2 --LO 4 CERTIFICATE PREREQUISITE TO SERVICE 0F A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (i) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481144 4 3 94 2 --LO 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-4891 NOTICE OF INT~/TT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY i-uKSUANT TO RUSE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBOND0, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #000 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 4 3 94 2--CO I >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTRS OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for VIRTUA SURGICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things; **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF, ESQ. ADDRESS: 1857 WII,I JAM PENN WAY P.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 2004 , Date: :_._~ ~/f ~/ Seal of the Co~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: VIRTUA SURGlCAL CENTER 110 CARNIE BLVD. VOORHEES, NJ 08043 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, histopy and physical reports, .medicatio, .n/ prescription records, including any and all such items as may be storect tn a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491328 4 3 94 2 --LO 5 CERTIF~C~T~ PR~REOU~SIT~ TO SHRV~CE OF ~ SUBPO~N~ PURSU~IT TO RULH 400~.22 IN THE MATTER OF: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. 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 lea;st twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481145 4 3 94 2 --LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE N0: 03-4891 NOTICE OF INT~ TO SERVE A SUBPOENA TO PRODUCE DOcuMENTS AND THINGS FOR DISCOVERY pURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBOND0, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting o'er local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1~01 MARKET STREET #8OO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 4 3 94 2 --CO 1 LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTRS OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --C0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : File No. (3 : : SUBPOENA TO PRODUCE DOCUMENTS OR TILINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ROBERT W. FREDERICK.M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or prbduce 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF, ESQ. ADDRESS: 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAR 3 2004 Seal of the Court Prothonotary/Clerlg, ~vil Divi~io~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT W. FREDERICK,M.D. 925 CHESTNUT STREET 5TH FL PHILADELPHIA, PA 19107 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medicati?n/ prescription records, including atn. y and all such items as may be storea in a computer database or otherwise m electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491330 4 3 94 2 --LO 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the s'~bpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATEi 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481146 4 3 94 2 --LO 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-4891 NOTICE OF I~T~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TNTNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBOND0, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 43 942--CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REBAB CTRS OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. VS. KATHRYN T. SHOEMAKER : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for RESULTS THERAPY & FITNESS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF, ESO. ADDRESS: 1857 W~l J J~dvl PENN WAY P,O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Seal of the Court BY/~ COURT: 9 ?v Pro¢onotary/Clerl~ Cilvil Vivisio¢ / EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RESULTS THERAPY & FITNESS 1600 ORCHARD DRIVE CHAMBERSBURG, PA 17201 RE: 43942 BR1AN A. HOPE Please call for prior approval for fees m excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491332 4 3 94 2 --LO 7 CERTIFICATE PREREQUISITE TO SERVIC~ OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481147 4 3 94 2 --LO 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-4891 NOTICE OF INTI~IT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND T~TNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] T0: THOMAS MORIBOND0, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty 120) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by com@leting the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 4 3 94 2 --CO 1 >>> LOCATION LIST <¢< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REBAB CTRS OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BP~YWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DOUGLAS LADIKA. PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, tog~her with the certificate of compliance, to the party making this request at the address listed above. You have the fight to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by th/s 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: LAURA SCHEFF, ESQ. ADDRESS: 1857 Wll ;HAM PENN WAY P,Q. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215] 246-0900 SUPREME COURT 1D #: ATTORNEY FOR: Defendant MAR 2 3 2004 Seal of the Court BY THE COURT: ,~ ,~ p ,~honotary/Cl~k, ~ivil Divisio~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DOUGLAS LADIKA, PA 110 LOPEWELL ROAD DOWNINGTOWN, PA 19335 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including .may and all such items as may be stored in a computer database or otherwise m electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject :BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491334 43 942--L0 8 CHRTIFICAT~ PREREQUISITK TO S~RVIC~ OF A SUBP0~NA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BRIAN A. HOPE COURT OF COMM0~i PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) NO objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATEi 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481148 4 3 94 2 --LO 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE KATHRYN T. -VS- SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-4891 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOcuMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBOND0, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #8OO PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 4 3 942 --CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTRS OF PA THOMAS JEFFERSON UNIV. HOSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 43 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS OR TILINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BRANDYWINE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun. Inc.. 1601 Market SWeet. Suite 800. Philadelnhia PA 19103 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. If you fail to produce the documents or things required by this subpoena within twenty (20) days alter 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: LAURA SCHEFF. ESO. ADDRESS: 1857 Wlll ~IAM PENN WAY p.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: D~fendant Date: Seal of the Court .D~y/~ [~3 t~Pro~onotary/Cler~, (~vil Divi.sio~,] EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BRANDYWINE HOSPITAL 201 REECEVILLE RD. COATESVILLE, PA 19320 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospit, als, $50.00 for all other providers. Entire hospital medical fide, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagp, o. sis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491336 43 942--L0 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER 0F: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:'03/23/2004 MCS on behalf of LAURA SCEEFF, ESQ. Attorney for DEFENDANT DEll-401150 4 3 94 2 --L1 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-4891 NC~ICE OF INT~ TO ~RWVE A SUBPOENA TO PRODUCE DOCOMElffS AND TH]RqGS FOR DISCOver Pu~UANT TO RUSE 4009.21 [ Note: see enclosed list of locations ] TO: THOMAS MORIBONDO, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCNEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 4 3 94 2 --CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTRS OF PA THOMAS JEFFERSON UNIV. ROSP. CHARLES PARK, MD VIRTUA SURGICAL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BAKER INSTALLATION (Name of Person or Entity) Within twenty (20) days atter service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groum Inc.. 1601 Market Street. Suite 800. Philadelnhia. PA 19103 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 malting this request at the address listed above. Yon have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF. ESO. ADDRESS: 1857 W~I J.IAM PENN WAY P.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: D0fendant MAR 2 2004. Date: Seal of the Court BY/~E COUld, T: d') ,~ Prqthonotary/C~,D~~ y0'''tJ~ ivil Division] EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BAKER INSTALLATION 1035 MARKET STREET WARREN, PA 16365 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, ties, memoranda, compensation, time and attendance records, personnel records, payroll and salaxy reports and all medical records as an employee, including any and all such items as may be stored in a computer database or othenvise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491340 4 3 94 2 --L1 1 CgRTIFIC~Tg PRgR~UISITg TO SgRVIC~ OF ~ SUBPOgN~ PURSUANT TO RUL~ 400~.22 IN THE MATTER OF: BRIAN A. HOPE COURT OF COMMON PLEAS TERM, -VS- KATHRYN T. SHOEMAKER CASE NO: 03-4891 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LAURA SCHEFF, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/23/2004 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT DEll-481151 4 3 9 4 2 --L1 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: BRIAN A. HOPE -VS- KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS TERM, CASE NO: 03-48911 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY ~UKSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: THOMAS MORIBOND0, ESQ., PLAINTIFF COUNSEL MCS on behalf of LAURA SCHEFF, ESQ. intends to serve a subpoena identical to the one that is. attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/03/2004 CC: LAURA SCHEFF, ESQ. - 232-117673 MCS on behalf of LAURA SCHEFF, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-257949 43 942--CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED TODD J. ALBERT, M.D. MEDICAL REHAB CTRS OF PA THOMAS JEFFERSON UNIV. EOSP. CHARLES PARK, MD VIRTUA SURGICkL CENTER ROBERT W. FREDERICK,M.D. RESULTS THERAPY & FITNESS DOUGLAS LADIKA, PA BRANDYWINE HOSPITAL BAKER INSTALLATION SPECIALTY CONSTRUCTORS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS EMPLOYMENT EMPLOYMENT DE02-257949 4 3 94 2 --CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE KATHRYN T. SHOEMAKER File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SPECIALTY CONSTRUCTORS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun_ Inc._ 1601 Market Street. Suite 800. Philadelnhia. PA 19103 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF. ESO. ADDRESS: 1857 WIIJJAM PENN WAY P.O. BOX 10248 LANCASTER. PA 176050248 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAR 2 3 2004 Seal of the Court BY/T]cIE COURT: ~ -~ Proxthonotary/Clel~k,~ivil Di' 'pr.r. rJ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SPECIALTY CONSTRUCTORS 120 CLEVELAND STREET EUGENE, OR 97402 RE: 43942 BRIAN A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: BRIAN A. ItOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491342 4 3 94 2 --L12 pRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and suhnitted in duplicate) TOT HE PROTHONOTARY OF CUMBERLASD COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil coUrt. ( x ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) (xx) Civil Action - Law ( ) Appeal from Arbitration BRIAN A. HOPE ( ) (other) (Plaintiff) vs. KATHRYN T. SHOEMAKER ( Defendant ) vs. The trial list will be called on and Trials co,hence on Pretrials will be held on (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shal provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. 4891 Indicate the attorney who will try case Thomas Moribondo, Esq, Indicate trial counsel for other parties if known: This case is ready for trial. Signed: civil 2003 for the party who files this praecipe: Laura Scheff, Esq. Date: _ July 22~ 2004 Print Name: Thomas Moribondo, Esq. Plaintiff Attorney for: BRIAN A. HOPE, Plaintiff VS. KATHRYN T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4891 CIVIL CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE ORDER AND NOW, this 2. -~ day of August, 2004. a pretrial conference in the above- captioned matter is set for Thursday, August 26, 2004, at 11:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ~omas Moribondo, Esquire For the Plaintiff BY THE COURT. Ke~n~sl J. l,,~ura Scheft. Esquire For the Defendant Court Administrator :rim BRIAN A. HOPE, : Plaintiff : VS. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4891 CIVIL CIVIL ACTION - LAW KATHRYN T. SHOEMAKER, Defendant IN RE: pRETRIAL CONFEREN C_~E_E Present at a pretrial conference held August 26, 2004, were Thomas Moribondo, Esquire, attorney for the plaintiff, and Laura Scheff, Esquire, attorney for the defendant. This case arises out of a traffic accident that occurred on January 22, 2002. The plaintiff was working in a fully extended "cherry picker" work bucket when his track was struck by a vehicle driven by the defendant. The plaintiff alleges that he suffered serious injury. There appears to be little question concerning the defendant's liability. There are issues with regard to causation and damages. Trial without a jury has been set for Wednesday, December 15, 2004, commencing at 9:30 a.m. It is expected that the trial will be of two days' duration. August 26, 2004 ~l~o~nas Moribondo, Esquire For the Plaintiff ,/,?q?a Scheft; Esquire For the Defendant Court Administrator :rlm ~I~DIVI~IMOHS iqXllH£VSI &lqV(lhI~lA~I(I ~IO 51JNOIqOSMOD O& lqOI&OIAI · ltrepuojoO 'DNI 'S~tDIAM~t$ MOl~tYq VJSI~t(I 'A 'JJ!m!eld ~tdOH 'V NVIMI[t [68k-g0 :ON A&NflOD ONVTSHflI~ID SVHqd NOIAtlAtOD AO £1LClOO ,LNVON~IrIStCI ~0~I SX~xPdO.L.LV 'lu~puojoO H~INHOHS '£ NAMH£V~I 'A 'jj.tlU.mld ~tdOH 'V NVlMfl iSEgI~-I6E-LIL 8t'i~0-g09£ I Vd 'MH~LSVONVq 8t, g0I XOI~t 'O'd XVAk NNHd INrVlqqlAa, LgSI L~O9g:# '(I'I qHgi,fflH 'S AMODHM9 :Afl 'O'fl 'qqMHDS ~' &SOd the bucket was elevated and he was preforming work for his employer, Communications Construction Group. A true and correct copy of Plaintiff's Complaint, docketed at 03-4391 Civil Term, is attached hereto as Exhibit "A." 2. Plaintiff avers at the time of his accident, he was accompanied by a flag man who had set out orange cones and was directing traffic. See Exhibit A, ¶ 5. Plaintiff further alleges that Defendant Shoemaker was negligent for "disregarding the signals of the flag man and the signs that had been properly placed on the roadway." See Exhibit A, ¶ 13. 3. A bench trial has been scheduled for December 15, 2004 at 9:30am before the Honorable Kevin A Hess. 4. In Answer to Interrogatories, which were verified by Mr. Hope on 1/8/04, he was asked if he ever filed any other suit for personal injuries, to which he replied "no". See interrogatory and answer to interrogatory numbered 8 attached as Exhibit "B". 5. Within the past two weeks, the undersigned learned through a name search of Cumberland County Civil Actions that Plaintiff filed another suit in the Cumberland County of Common Pleas, arising from the same incident. The Complaint in that case was verified by Mr. Hope on December 18, 2003, and was filed on January 21, 2004, against Delta Labor Services, Inc. Plaintiff alleges that Delta supplied his employer with the laborer who was directing traffic at the time of Mr. Hope's accident. Plaintiff also alleges in the complaint that this accident "was caused by reason of the negligence and carelessness of Defendant Delta Labor Services" for inter alia, "providing conflicting and/or confusing signals to motorists on the roadway particularly Kathryn T. Shoemaker." A true and correct copy of the Complaint docketed at 04-269 Civil Term, is attached hereto as Exhibit "C." 6. Additionally, Plaintiff alleges Delta was negligent for, inter alia, -2- (a) providing insufficient flag man to direct traffic; (b) insufficiently staffing the said flagging job; (c) failing to properly direct traffic and signal to motorists (d) providing inadequate training and procedures to safely direct traffic and safely flag traffic at the aforesaid date, time and place; (e) being inattentive to traffic and traffic conditions; (f) negligent per se; (g) violating statutes and regulations of the Commonwealth of Pennsylvania and violating the requirements of the Pennsylvania Code; 7. The claims alleged in the Complaint against Delta arise out of the same event as the claims alleged in the Complaint against Defendant Shoemaker. 8. Therefore, it is clear that both actions arise out of the exact same occurrence, namely, the motor vehicle accident of January 22, 2002. Additionally, both actions sound in negligence, involve identical damages and share common questions Of law and fact. To the extent both defendants may be at fault for the accident, consolidation will also permit the Defendants to assert any claims they have against each other in the same action as the Plaintiff, with the obvious result being a reduction in the number of suits involving the same accident and damages and the promotion of judicial economy. 9. Pursuant to Pa.R.C.P. No. 213," In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and my make orders that avoid unnecessary cost or delay." -3- 10. The purpose of Rule 213 is to "promote economy and the prompt disposition of the actions for both the Courts and the parties" and to avoid multiple trials and proceedings involving common facts or issues arising from the same transaction or occurrence. Pa. R.C.P. 213, Explanatory Comment- 1990.Id. 11. Defendant acknowledges that the request for consolidation is coming at a relatively late hour. However, Defendant has only recently discovered that Plaintiff filed the referenced action against Delta. Pursuant to Pa.R.C.P. 4007.4, a Party has a continuing obligation to supplement his discovery responses where "he obtains information upon the basis of which he or she knows that (b) the responses through correct when made are no longer true." Pa.R.C.P. 4007.4(2)(b). 12. PlaintiWs verified allegations against Delta alone entitle Defendant Shoemaker to an opportunity to conduct discovery in order to identify and evaluate the factual basis for those averments, retain an expert if warranted, and, to assert a cross claim against Delta. Respectfully, these two actions cry out for Consolidation and under the circumstances, Defendant should not denied consolidation where it asked for the requested information (e.g., other suits) and was never advised of same. WHEREFORE, Defendant Kathryn T. Shoemaker respectfully requests that this Honorable Court grant her Motion to Consolidate and consolidate the actions currently docketed -4- at 03-4891 Civil Term and 04-269 Civil Term for all purposes, including discovery and trial, with all future pleadings referring to the docket numbered 03-4891. Respectfully subr~itted: BY: POST &~ Attome, SC."tE?~. L, P.C. [Y S. HIRTZEL, I.D. No. 56027 DATE: -5- ATTORNEY ID. NO. 30306 1002 Robin DRive. We6~ Chestnut ~A 19302 TRUE COPY FROM RECORD HOA. ~.~on~ Bro~k, PA ! COURT OF COMMON PLEAS CUI~3ERLAND COUNT~ KATt.IP, YN-T. SHOI~R 2~ O'atden 13~ Cm. BsI~ PA CO~.- cp/n., ACTION P.3 1.. PlaintlffBdan A. Hope is an adult individual currently residing at 49 Ktystonc Court, Honey Brook, Pennsylvania 19344. 2, Dcrcndant llathryn T. Shoemaker is an adult individual residing at 29 Garden Drive, Carlisle, Pennsylvania 17013 ]. On or about January 22, 2002, at about 1:15 p.m., PlntnflffBrian A. Hope, in the course and scope of his employment wilh Communieltions Construclion Group, had driven a commercial bucket mtck to a location on State Route :34 (81xin$ Road) near 1660 Spring Road in Not'th Middleton Township, Cumberland County, Pennsylvania~ 4. Plaifltiffwas one of several workmen who had driven work vehicles to timt seotion of State Route 34 to perForm repair nd/or maintenance on the communications 5. Atthc aforesaid date, time and place, PlaintitTBrian A. Hope~tbpped and · po~itloned his work truck so that.he would have a~ccss; while elevated ~orn the bucket, to UtiUty Pole No. 15B13 and was accompanied by a flag man who had set out approximately six orange con~ m'oufld the bucket buck and was dircctlng trafti¢. 6. Signs had been placed in thc roadway of State Route 34 to indicatc to motorists that marl were working in the area. '7. Thc strobe beacon lights on the vehicle Plaintift'had driven were ~unotional and operatinft at the afore, aid date, time and place. S~P 24 '93 ~:32 ~. Atth~ aforesaid date, time and place,. Plaintiff Bdan A. Itopc was clcvat~ approximately thirty fret in thc air in thc exuded bucket ofth~ parked commercial bucket iru~ perfom~g rnaint~mnc~ on Utility Poic No. 15813.. 9. At aforesaid date, time and place Dcfefld0flt Shoemaker w~ opor~ng her motor vehicle northbound on Stat~ Rout~ 34 (Spring Road) in North Middleton 'Township, Pennsylvania. t0. At the aforesaid date, time and place, Defendnnt Shoemaker dlsregm'ded the signs oll tho roadw~ smd sJgnais of the fl~ man, Jgrlorcd ~he s~robe beacon llgbJ, md ~e ' orange cocos that hd been set out and proceeded'forward corelusly, forcin~ ~he flag mn ~o run o~idc, ~ikinS the rear of the commcrcl,q vehicle above which Plaintiffwas working. ! ]. As n ~utt of the impact, Pbintiff w~s thrown b~ck and t'o~ inside tho clcve~cd bucket of thc truck. 12. The accident aforanmtioflcd was caused solely by rusoo el'the negligenc~ and ca~e:*,.Sa~ss of the Def~daai Kathryn T, ~ho~maker and was du~ in no m~mner whatso~-ver to.url~ ~t or failure to act on thc pm of~c PlaintifF. 13, The negligence oftlm l~fe~deflt coofls~ed of~h~ folJowing: fa) failure to tako duc note ofthe point and position upon the lxighwsy of th~ v~[cle above whic~ Phhxtiffwe~ wor~iflg; (b) hih]rc to have the said motor under proper mxd adequat~ cotffm! i the tlm~; SEP 24 '1~3 I~: 32 PR6E.I~4 highway; (c) fidlure to observe and obey'tho trm'~o signnls and cones set out upon the (d) failure to nmintain a proper lookout; (e) failure to exercise reasonable oere in operating her vehicle at the seid time md place; (f) failure to make appropfiatc observations; (.g) ~iure to avoid impact with the paflced c°nUnercial vehicle; (h) viotnting vnrious laws ofth~ Commonwealth of Permsylvenin pertaining to thc operation of motor v~hicl~'; (i) failing to apply brakcs in tlmc to avoid a (:oltision; (j) failure to operate her vehicle in accordance with existing traffic conditions end trnmc signs, signals and controls; (lc) disregerdin~ the signets or'the flag men and t~o signs t~t heal been property placed on the roadw&y; (I) violating 75 Pa. CS.A. §31 ! ! end §3326; (m) viotnting the Rules of the Road of the Commonwealth of Pcnnsyl~i~ (n) negligence per (o) opernting her. said vehicle while knowing end/or while she should luwe imown of her ~ncnpecity to control the said vehicle end meke approprinte observations; end 5-'~P 24 '0~ I;Ei:~.~ PP, GE,ff5 (p) othe~visa opcretlng said vehiclc in a cer~l~s end negligent manner and in a manner'vlolating th~ Motor Vehicle Code of the Commonwealth 0f Pcnnsylvanie. 14. As a result of the aforomcntloncd accident ~d tho nc, gligcr~cc and carcicssness of Dofcndant, Plaintiff Brian A. Hopc suffered severe injuries which inolude but are not limitcd to hc'~tiatcd dlnc~ at C3-4, C4-5 and C5-6; treumatio execerbation of' cervical t~pondylotic rn~lopeth~, cervical ~itrain arid sprain; rsdiculer pein with neurolo~c involvcmcat; po~t tnumatic hcsdeches; injuries to hie cerviX, thoracic and lumbosacnl ~pinc, their bon~ cells, tissue, nerves, mus~tes end functions; injury to hi~ dominant tight sl',~ulder along with e suporior labral tear and e SLAP l.esion a, lonl~ with riF, ht shoulder impingement; rotator cuff tendinits; synov~tis; shock and injury to hi~ nri'yes and nervous sy~tcm, some or ~11 of'which ittjurios, Ptaintiffh~a beon advised, aro or may be p~-,-,nnont in naturc, 15. A~ & r~sutt of Ibc accident aforementioned and tho rtwJigenee and carelessness of D~endant, Plaintiff l~ri~n A. Hopc has urtdr~onc art anterior corvical discectomy at C5-6; an antorior cen~c~l fusion at C'3 through C-6.with lilac crest structural bone graft and nmerior plate fixation; an ant~or on-vieal oorpoctomy at C4-$, tlong wlth pemumcat and disfil~uring scarring in tho throat as a rosult ofthe surgodcs. Pia|~tiff further d~_o~ lateral femoral cutanoous nervo aymptoms and t~-urologiea~ dysfun~m~ and er~ttio dysfunction following the bone luu'v~dng procedure, which is md/or may be peanancnt in natu~, [6. As a result of tho acoidgnt a~orcmentioucd and ~c ~i~Cc ~d d~fidemmt of~e l~ te~ ~d subac~ d~o~i~ ofh~ dom~t right 1~. ~ a ~lt of~e a~idmt ~o~m~tion~d ~d ~e ne~igen~ ~d ~~ of~f~ P~fiff ~ un~e ~at physic~ ~ surfing ~d d~i~ of his ~ ~d o~ing oa~ei~, and be ~ or will c~ue to ~ffer ~1~ of Defend~ Plaintiff h~ ~ unable to a~d to hb u~ ~d d~ catty.ess'of ~fmdmt, Plgntiff~s haan oblig~ ~ ~ la~ s~ of money for ~ 24 ' 03~ ~3:33 Pf:IGE. 07 ,.__3 I,'.8 IdS injurice and hc ma~ or will be obliged ~ continue to cxpcnd such sums ofmoacy, for thc samc proposes; fo~ an indcllnitc time in the future, alt to his great detrhn~t and loss. 21. As. a result of thc eccident aforementioned and the nellligence end carele~ne.,~ of tho Defendant. Plaintiff has undergone suqlical pmcedurcs and resultant ~can'ing, including an approx/mete 3'A" scar on tht~ throat ,ad a 2%' scaz above his right h/p which are pemrmaeat and disliguHng and unsightly and Plaintiffmny in the futura tmde~g, o medical procedures in order to attempt to atlcviate the ~ amt the tm. sigbt~7 ~,.. 22. A~ a msuh of I~e accident a/'ommcntioned and tim nesligcace and <~'de~acss of the Defeatist, Plaintiffbas ~uffered emb~t and Itumiltattaa · whlc~ is ccetiauiag and n~y continue into the fumrc, to his gte~ delzimentend loss. 23. As & result of the accident aJ'orementioncd and the negligetce and catalan, sauna of ~e DeCadent, Plaial/ffbas been pteaa'ibod ttercotJc medications in an effort to relieve his pain and now ha.~ a plate and .~cmw.~ installed in his ~eck, whlch may need Io be remow, d at fittlmr expense; bas uaderg0ne ~ive physical etd mlu~biljtatJve ~etapy a~d home axemise p.mgtams and is limited, in ~unction and motioa, w~iob limimttae, s are expected to oon~ue into the future. 24. A~ a teault of the accident aforementioned, Plaintiffsuslained losses of tools aad eq.~pment that he u~r,d ia his employment and claim is made bt the Fair market value or'sa/cl, toola and ¢quipm~t. ~ 24 '03 ~:3'3 PRGE.~ W*HBI~FOI~ Plaintiff*claims of the defendant ltcrc~n a sum ia excess of l~[2y Thousand Dollars, interest, damages for delay and costs. Attom~ for Plaintiff SEP 24 ' 03 08:34 PRGE.I~ -- p, lO VERIFIC&TION 82IAN BOPE ~ hecehy states he is the Plaintiff in this action, an~ verif£es that the statements made in the £oreqo~ng Civil Action-Complaint are true and correct to the best o[ h;~ kn~ledqe, lOfo~mation and belie~. The unde~siqn~ unde~st~ds ~at the state~nts there~ a~e made subject ~o ~e penal~ies o~ 18 Pa. C.S. Section BRIAN A. HOPE SE~ 24 '03 ~:34 PI:GLiO 8. Have you ever filed suit and/or claim(s) (beside this one) for any personal injury? ff so, state for each such suit: judl/ment. The date of filing and the name and location of the Court; The present status of the suit; and If concluded, the final result, including the amount of any settlement or while she was sensitive to light due to cataracts and was not wearing sunglasses and decided to take a route to a supermarket after having been advised that road work was being performed on that section of the road. Further information will be provided. Will be supplied. None have been identified with certainty at present. Plaintiff will seasonably update this answer. See medical and vocational reports which have been provided, along with CV of Jasen Walker. 10. 11. 12. 13. 14. 15. None have been identified as yet. See police report for identities of witnesses and investigating officer; see documents from Delta Labor regarding flagging. Further information will be provided. No See vocational report of Jasen Walker and ta~ returns, which have been provided. '~. I have received and am currently receiving workers' compensation benefits based upon an average weekly wage of $813.63. Plaintiff has previously'supplied workers' compensation lien information. As of August 7, 2003, that lien was comprised of $41,752.62 of indemnity benefits and $60,640.90 in medical benefits. See August 18, 2003 letter to James Hammel of Kemper Insurance Company. Further information will be provided. See No. 10 above. supplied. Further information will be See No. 9 and No. 10 above. be supplied. Further information will No I provided information to the investigating police officer and I did speak with co-employees and flagger at the scene. ~ 16. No. TaOMA~ MOmONDO, nQUIR~ ATTORNEY ID. No. 30306 1002 Robin Drive West Cbe~t~r, PA 19382 (610) 399-39OO BRIAN A. HOPE 49 Keystone ~ H~I~ PA 19344 VS. Attorney for Plaintiff COURT OF COMMON PI~S "' DELTA LABOR SERVlCF~, INC. 1000 Conshohooken Road Conshohockm~, PA 19428 COMPLAINT - CTVIL ACTION AVmO II YO~ J ~ T~ lll~ A LAWY~ TI(Il Olllq~ IMY IE A~LE TO W YOU ~1~ IIFOI~.TION AIOKr ~ TI~T IMY Ofllf, A LEML iB~IGE~ TO IUelLE PBtlONi AT A kklm k k emmmmklyk mllmmtmm, llmmllkm#ml' mlN.~ m Im ~Mt~ m tram ~ mm m e mm n.dlmm y m mmmm, Im mmmdm I1 m m Mdtk a tmm~ Mi ;~lif~ ~ ~ y Nqdlmm q~ miM 1. Plaintiff Brian A. Hope/s an adult individual currently residing at 49 Key~ne Court Honeybrook, Pennsylvania 19344. 2. Defendant Delta Labor Services, Inc. is a corporation organized and existing under ~he hw~ of the Commonwealth of Pennsylvania maintaining a place of business at 1000 Consho~n Road, Conshohoeken PA, who at all times relevant hereto res~arly eondu°ted business in Cumbednnd County, Pennsytvanin~ 3. At all times relevant hereto, Defendant Delta Labor Services, Ino. acted through its agen~ sev~nts and/or employoes, and provided road flal~ng sorvices for Communications Construction Group. 4. On or nbout January 22, 2002, at about 1:15 p.m., PlaintiffBri~ A. Hope, in the course and scope of his employment with Communieations. Consuuction Group, had driven a commercial bucket truck to a location on State Route 34 (Spring Road) near 1660 Spring Road in North Middleton Township, Cumberland County, Penmylvanin. 5. Plaintiff was one of several workmen who had driven work vehicles to that section of State Route 34 to perform repair and/or ~sintennnee on the 6. At tho aforesaid date, time and place, Plaintiff Brian A. Hope stopped snd positioned his work truck so that he would have access, while elevated fi.om its bucket, to Utility Pole No. 15813. 7. At the aforesnid date, time and place, Plaintiff Brian Hope was accompanied by a flagman who was an agent, servant and/or employee of Defendant Delta Labor ~ervices, Inc. 8. At the aforesaid (latz, time and p/ace, Plaintiff Brian A. Hope was elevated npproximately thirty feet in the air in the ~tonded bucket of the parked ~mmeroial bucket Wue, k performing maintenance, on Utility Polo No. 15813. 9. At aforesaid date, time and place ~ T. Shoemaker was oix.,afiag a motor vehicle northbound on State Route 34 (Spring Road) in North Middleton Township, 10. At the aforesaid date, time nnd place, Defendant Delta Labor Services, Inc., by and through its agents, servants and/or employees negligently and e, nrelessly failed to dire~t trafl]¢ and provide proper flagging signals to traflio, particularly to ~ T. Shoenmker. 11. At tl~ aRmm~d date, time and plaee, Kathryn T. Shoen~ker, while proceeding northbound on State Rm~ 34 in North Middleton Township, Pennsylvania, struck tho rear of the eoramer~ial vzhi~le above which Plaintiff was workin~ 12. As a result of the impact, Plaintiff was thrown back ~md forth inside lhz elevated bucket of the truck. 13. The accident aforementioned was caused by reason of the negligen~ and carelessness of Defendant Delta labor Services, Inc. acting by and through their agents, servants and/or employees end w~s due in no manner whatsoever to act or failure to act on the 12rt of Ple~ntiff. 14. The negligence of Defendant Delta tabor no., by,ha a oush i~ agents, servants md/or employees, consisted of the following: (a) providing insufficient flagmen to direct m~c; Co) iasuflicieatly mffms the said ~lassinsjob; (c) ~ to properly dire~t m~ffic and signal to motor/sts; (d) providing inadequa~ training ired procedures to safely direct m~c and safely flsg traffic at the aforesaid date, time and place; (e). bein~ inattentive to waflic and uaffic conditions;. . per se; (g) violating statutes and ~ulatiom of tho Commonwealth of Pennsylv~a and violating the requirements of tho Pennsylvania Code; (h) pmvidins conflicting and/or confus~ signals to motorists on the roadway partimmy Knem~ ?. Shoemak~ (i) being otherwise careless or negligent, I 5, As a result of the afortmentioned accident nnd the negligence and carolesmess of Defendant, PlaintiffBrian A. Hope suffered severe iajuries which includ~ but are not limited to hcm/atod discs at C]-4, C4-5 and C$-6; traumatic exacerbation ofcervical spondyiotic myelopath% cervical strain and sprain; radicular pain with neurologic involvement; post traumatic headaches; injuries to his cervical, thoracic and lumbosacral spine, their bones, cells, tissues, nerves, muscles and ftmotions; injury to his dominant risht should~ along with a superior labral tear and a SLAP lesion along with right shoulder impinl~ement; rotator cufftendinits; synovitis; shook and injur~ to his nerves and ne~-vous system, some or all of which injuries, Plaintiff has been advised, ar~ or may be penuanent in nature. 16. As a result o£the accident aforementioned and the neslisence and carelessness ¢~-~; an anterior c~ic~ fl~s~on at ¢~ throush ~ with iliac ~ structural bone Stair and anterior plate fixation; an anterior ~ervical cor~y at C4-5, alon~ with permanent and ~ scatTin8 in thc tlu*oat as a result o~th¢ sut~. Plahlti~fi~ther developed lateral femoral cutaneous notre symptoms and neurological dysfimction and ~*ectilo dysfimcXion follo~qng the bone har~ procedure, which is and/or may 5c 1 ?. As a result o£the accid~t aforementioned and tho ne~lis~*nco and carelessness ot~Defin~lant, PlaintiffBrian Hope has tmdersone an ar~i~ debridement ot~the labral tear and suba~*omial decompression of his dominant ri~iit shouMer, alon$ w~th 18. As a result of tho accident ~orementioned and the ne~li~enc~ and carelessness o~l~efendant, Plaintiff has tmdersone Sx~tt physical pain, s~ and mental anBuish, and lie may or v~ll cont~ue to endure the same for an ~ndefin~u~ gme ~n th~ ~u~. e, to his stoat detriment and loss. 19. As a result of the accident aforementioned and the neglil~ence and carelessness of Defendant, Plaintiffhas suffered a loss of earnings and loss ~nd depreciation of his earnings and earning caimoity, and he may or will continue to suffer auch loss snd depreciation for an ~it~ time in tho furore, to his great d~a~ent and loss. 20. As a result of the accident aforementioned and the ncgli$ence and carelessness of Defendant, Plaintiff has been unable to attend to his usual and daily duties, avocations and occupation, and has suffered a loss of life's pleasures and he may or will continue to be unable to attend to the same for an indefinite time in the furore, to his great detriment and loss. 21. As a re~t of the accident aforementioned and the negligence, end carelessness of Defendant, Plaintiff has been obliged to ~d large sums of money for medicines and medical care and treatment in an effort to effect a ~ure and/or treatment for his injuries ~m.d he may or will bo obliged to continue to exlmxl such stuns of money, for the same ' purposes, for an indefinite time in the fu0.ue, all to his great detriment and loss. 22. As a result of the accident aforementioned nnd the negligence and carelessness ofth~ Defendant, Plaintiff has undergone surgical procedures and resultant scatting, including scars on and near his right shoulder, an approximate 3½" sear on this throat and a 2½" sear above his right hip which are Immanent and disfigurin$ and unsightly and Plnintiff may in the future undergo medical procedures in order to attempt to alleviate the scars and the unsightly appearance. 23. As a rmult of the accident afor~mtioned and tbe negligence and carelmsness of~he Defendant, Plaintiff has suffered embarrassment and humiliation which is continuing and may continue into the future, to his great detriment and loss. 24. As a result of the accident aforementioned and the nogligence and carelessness of the Defendant, Plaintiffhas been prescribed narcotic medications in an effort to relieve his pain and now has a plate and sorews installed in his nook, which may need to be removed at further expense; has undergone extensive physical and rehabilitative therapy and home exeroise lxosrams and is limited in fun~on and motion, which limitations are 25. As a result of the aeoident aforementioned, Plaintiff sustained losses of tools and equipment that he used in his employment and claim is made ~or the fair matttet value of said tools and equipment. V,~-IEREFORE, Plaintiff'claims of the defendant herein a sum in excess of Fifty Thousand Dollars, interest, damages for delay and costs. THOMAS IvlORIBONDO, VSRIFICATIO~ Brian A. Hope , hereby states he in this action, and verifies that the statements made in 2he ~orego~ng civil Action-Co.plaint a~e true and co~reot to the best o~ h iS knowledge, ~fom&t~on e~l bel~e£. The unde~s~qned understands ~hak the statements therein ale made sub, ac2 to ~he penalties o£ ~8 Pa. C.S. Section 4904 ~eLat~ng ko unswo~n £alsi£ication to au~orit4es. ItRIiI~I &. HOPE CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE Attorney I.D. No. 56027 DATE: on a utility pole while in the course and scope of his employment with Communications Construction Group. See Exhibit A, paragraphs 3-4 & 8. Plaintiff further avers that at the time he was elevated in the work bucket, he was accompanied by a flag man Employed by Delta Labor Services, Inc., who had set out orange cones and were directing traffic. See Exhibit A, ~15. 3. Plaintiff alleges Defendant Shoemaker disregarded the signs and the flagger and struck the commercial vehicle above which Plaintiff was working, which resulted in injuries to the Plaintiff. i. Motion to strike ob|ection to record subooena 4. In full compliance with thc Pennsylvania Rules of Civil Procedure §4009.11, et seq, the Defendant issued a subpoena on Plaintiff's employer, Communications Construction, seeking a copy of "any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Brian A. Hope, up to and including the present." A copy of the Subpoena is attached hereto as Exhibit "B." 5. In response, Plaintiff's counsel objected to Defendant's request stating that the "request is overbroad and unrestricted in terms of time, medical records and subject matter as to objectionable based on relevancy, privacy and breadth of request. The records requested may and/or will contain information that is embarrassing, and/or subject to privacy concerns and/or unrelated health or medical issues and/or which may be confidential. The records requested are or may be privileged and/or statutorily exempt from production and/or be beyond the scope of discovery and/or are not reasonably calculated to lead to the discovery of admissible evidence. -2- The request for "any and all" records, memoranda and reports may and/or will relate to matters, problems or issues not of the type that are the subject of this lawsuit and be an invasion of plaintiff's privacy. The overbroad requests of the defendant are the equivalent of the request to produce "any and all writing that contain plaintiff's name." A copy of Plaintiff's Objection to Service of Subpoenas Pursuant to Rule 4009.21 is attached hereto as Exhibit "C." 6. The undersigned believes, and therefore avers, that the document request contained within the records subpoena as phrased is reasonably calculated to lead to the disclosure of relevant and admissible evidence, including evidence that might have a beating on Plaintiffs' earnings history, employment history, limitations at work before the incident as well as pre existing injuries and/or conditions that might adversely impact Plaintiff's claims. Such information is necessary and essential to the defense of this action and, therefore, the Defendant has substantial need for these documents. 7. Until Moving Defendant has had the opportunity to examine the aforementioned medical records, the relevancy and/or admissibility of the information contained therein cannot be properly determined by Moving Defendants. Similarly, until the records are produced and reviewed, Moving Defendant cannot know whether they contain any admissible evidence or whether they are reasonably likely to lead to admissible evidence. To the extent the information requested truly contains "confidential information," the undersigned would be agreeable to executing a stipulation limiting any disclosure of said information exclusively to this action. 8. Moreover, with respect to Plaintiff's claim that the records are beyond the scope of discovery, following Plaintiff's production of the aforementioned records, Plaintiff has the right to properly challenge the relevancy of any information contained therein. -3- 9. It should be noted that Defendant is not trying to unearth embarrassing or private information. Rather, Defendant is attempting to obtain information regarding Plaintiff's work and earnings history as well as to his previous medical conditions and other relevant information that is pertinent to the defense of this action. Wherefore, Defendant respectfully requests this Honorable Court enter an Order striking Plaintiff's objections to the aforementioned records subpoena to Communication Construction. ii. Motion to strike obiections and for more soecific answers to written discovery 10. Defendants interrogatories and Plaintiff's replies thereto are collectively attached as Exhibit "D". Defendants Requests to Produce and Plaintiff's Replies thereto are collectively attached as Exhibit "E". 11. Interrogatory #3(f) asks Plaintiff to identify the name an address of the physician who prescribed any medications taken by Plaintiff within 24 hours of the incident. Mr. Hope replied that he had taken insulin over the counter, but that the name of the person who prescribed it was "unknown." It is respectfully submitted that Plaintiff should be aware of thc name and address of the medical care provider who would have informed him of the need to take insulin and/or prescribed it to him. Consequently, Defendant respectfully requests that Plaintiff be compelled to answer, without objection, Interrogatory #3(f). 11. Interrogatory #9 asks Plaintiff to identify the name and address of his employers for the 10 years before thc incident, the date and termination of each period of employment, a description of thc employment and the amount of income derived from same. Plaintiff replies to this Interrogatory by stating." See vocational report of Jasen Walker and tax returns which have been provided." -4- 12. Plaintiff has provided tax returns only for the years 2000 through 2002. In describing Plaintiffs employment history, Dr. Walker states in his report that Plaintiff told him he worked at "American Le France and TCI Cable and elsewhere in the file it is indicated that Plaintiff worked at Hardinge Brothers in New York. Defendant's counsel has not been able to find an address for any of these entities. Consequently, Defendant respectfully requests that Plaintiff be required to provide full and complete answers to Interrogatory #9. 13. The importance of the employment information noted above is highlighted by Plaintiff's reply to Interrogatory # 18, which asks Plaintiff to identify the injuries suffered from any accident in the 20 years prior to the incident for which suit is brought. Also requested is a description of the date and place of the injury, the type of injury, the names and addresses of all hospitals, physicians and healers rendering treatment and nature and extent of any disability suffered. In reply to Interrogatory 18, Plaintiff states: Approximately 20 years ago, while working at Coming Glass in New York, I did injure my upper back or neck. I do recall being out of work for several weeks, if not more. I do not recall receiving x-rays or physical therapy. 15. Plaintiff also notes he broke a navicular bone while working for "Baker Installation" in Westem Pennsylvania in 1993. Plaintiff then denies recall of the names of any doctors with whom he treated (see answer to question 17). He goes on to state that he strained his right shoulder while working in 1998 for Specialty Constructors/American Towers "whose offices were in Salem, Oregon at that time." Again, Plaintiff fails to identify any provider who treated him for this injury or to supply any of the supplemental information required. Plaintiff is alleging he suffered injury to his shoulder from the incident for which suit is brought. 16. Plaintiff is asked at interrogatory #26 to list the names and address of the physicians and hospitals which provided him medical treatment in the 20 years before the -5- incident. Plaintiff objected to the interrogatory on the basis that the 20 year time limit was burdensome and referred to prior answers. 17. It is respectfully submitted that the names and addresses of Plaintiff's treating physicians for the 20 years before this incident are reasonably calculated to lead to the disclosure of relevant evidence. According to his Answers to Interrogatories (17), Plaintiff suffered a neck injury 20 years ago, which kept him out of work for several weeks, if not more. Consequently, the time frame posed in the interrogatory does have relevance under the circumstances. Therefore, Defendant respectfully requests that Plaintiff be ordered to provide full and complete answers, without objection, to Interrogatory #26. 18. Similarly, Plaintiff objects to interrogatory #28, which asks for the name and address of all family physicians which have treated him. Plaintiff objects to the request and then, without waiving said objection, states "I remember a Dr. Mulcahy in Coming, NY." Defendant has attempted to identify such a provider without success. Further, Defendant believes Plaintiffs objection for the names of Plaintiffs treating physicians is unfounded, but will agree to limit the request for thc 20 years prior to this incident. For the reasons noted above, it is respectfully submitted that such a time frame is germane to the issues raised in the instant matter. Consequently, Defendant requests that Plaintiff be ordered to provide full and complete answers, without objection, to Interrogatory #28, which is limited in time to the 20 years prior to the incident. 19. At interrogatory #27, Plaintiff is asked if he ever suffered from any injury which he alleged to have suffered as a result of the incident in the Complaint. Plaintiff responds to this interrogatory by referring to "medical records provided, as well as previous answers." Plaintiff -6- has not provided any pre-incident medical records to Defendant. Defendant respectfully requests that Plaintiffbe required to fully and completely answer Interrogatory #27, without objection. 20. With regard to Defendant's Request for Production, (Exhibit "E"), Plaintiff is asked to produce any and all documents relating to any workers' compensation claims pertaining to the incident for which suit is brought, as well as any other incident (see request #22). Plaintiff objects to that request to produce claiming it constitutes an unreasonable annoyance, and is beyond the scope of discovery. It is respectfully submitted that request to produce #22 is reasonably calculated to lead to the disclosure of relevant and admissible evidence. Consequently, Defendant respectfully requests that Plaintiff's objection be stricken, and Plaintiff be ordered to provide full and complete replies to request #22, without objection. WHEREFORE, Defendant Kathryn T. Shoemaker respectfully requests that this Honorable Court grant her Motion to Strike Plaintiff's Objections Pursuant to Pa.R.C.P 4009.21 and Motion for More Specific Responses to Defendant's Interrogatories and Request for Production of Documents pursuant to Pa.R.C.P 4019. Defendant requests that this Honorable Court require that Communications Construction Group responded to the subpoena and that Communications Construction Group provide the information therein requested. Defendant also requests that this Honorable Court order Plaintiff to provide more specific responses to Defendant's Interrogatories and Request for Production of Documents. Respectfully submitted: POSB & S ZItE! l., P.C. BY: GRE 5HL[TZEL, ES . Attorney I.D. No. 56027 DATE: -7- p,2 A'I'TORNEY ID. NO. 30306 1002 Robin DRive. West Cheater, PA 19382 (610)'399-3900 TRUE COPY FROM RECORD ~n.Testtmm'~¥ w n~eot, I here u~o.s~ my. ~to A'I'I'ORNEY POR PLAINTIFF g. ATttlP,"~-T. SP1OI~O!R 2~ Oarden Dr~ Carlisle~ PA 1';'013 COI~IA!NT..- CIVIL ACTION ~ 24 'g3 ~13:32 PRG~.92 03 093 0Ti 1..PlaintiffBfian A. Hope is an adult individuai curtail), residing at49 £Hstonc Court, Honey Brook, Penmylvanio 19344. '2. Det'endant Kathr,/n T. Shoem~er is an adult individual residing at 29 Garden Drive, Carlisle,, Pennsylvania 17013 3. On or about Janumy 22, 2002, at nbout i~15 p.m, PlainflffBrian A. Hope., in th~ course and scope of his employment with Communications Construction Group, had driven a commercial bucket truck to a lactation on State Route 34 (Spt~$ Road) near 1660 Spring Road in North Middleton Tm~nshlp, Cumberland County, Pcnnsylvania~ 4. Plaintiffwn one of several workmen who had driven wo~ v~icl~s to that Se~ofl of State P, outc 34 to perForm ~pair and/or ranintenan~ on the communications 5. At Ge aforesaid date, time and place. Plaintifl'BHan A. Hope stopped and · po~Rioned his wodt truck so that.he would have aecess~ while el~,ated from tho bucket, to Ufitity Pole No. 15813 and was accompanied by a flag mall who had set out stpprexinutely six orange cones nround the bucket track and was directing traffic. 6. Signs had been placed in the roadway of State Route 34 to indicate to motorists ~hat ~a w~e workin$ in il~ urea. 7. The strobe beacon lighls on the vehicle Plaintiffhnd driven were ~unotlonal and operating at thc aforesaid date, time and place. is.3 wq~r, g. At the aforesaid date, time and place, Plaintiff Brian A. Hope was elevated approximately thirty felt in thc air in Ihe extended bucket of Ibc parked commercial bucket ma~k performing maintenance on Utility Polc No, 15813.. 9. At aforcsaid dale, time and place Defendant Shoemaker was opernting her motor vehicle northbound on 8tare Rout~ 34 ($prin~ Road) in North Micidleton 'To.was. hip, Pennsylvania. 10. At ~he aforesaid date, time aad place, De~dant Shoemaker disregarded the signs (m the roadway and signals of the flag man, ignored tho s~robe beacon light and the · onmge cone~ tht had been set out end proccedcd'~erwerd carelessly, forcins the flag man to run a~ide, striking the rear of'thc commercial vehicle above which Pfa[ntlffwes working. I ]. As n result of thc impact, Plaintiff wes thrown bnek and ~'orth irtsidc the elevated b~okct ofthc truck, 12. Thc accident aforementioned was caused solcly by reason of'the negligence end carel~,sncss ol~thc Defendant Kntht~n T. Shoemnkcr and was duc in no mann~ whatsocver to. any a~t or fidlurc to act on thc part ofthc P[ainflffi 13. The neiligence ofth~ Defendant consisted of the following: (a) ~ilure to take due note ofthe point and position upon the highway of tho vehicle abovc which Plaintiff was wound; Co) failure to have thc said motor under proper and adeqtmt~ control et the p.4 SEP 24 ~ 93 98: 32 PRGE. 04 m~.~]er insurlnoe Ilsoo (c) Failure to observe and obey the u'affic signals and cones set out upon the (d) failure to maintain n proper lookout; (e) Failure to exercise reasonable care in operating her vehicle at the said time and place (f) fi~lutz [o ~ approlXlatc obscrverlofls; (.g) ~nifurc to avoid imfmct wi~ the padcecl cmnme~at vehicle; (h) vio!sfi_~g various laws ofthc Commonwealth of Pennsylvania pertaining re thc operation of'motor vehicles;. (i) fi~iling to al~y brekcs in time to avoid a collision; (j) hilure to operate her vehicle in accordance with extstiflg traffic conditions end traffic si~ signets and controls; (lc) disregarcting the signals otqhe fla~ man and the signs thet had been properly plw, cd on thc roadway; (I) violating 75 Pa.C.s.A. ~31 !1 md §3326; (m) violating the Rules of the Road of the (~ommonwealth of Pennsylvania; (n) negligence per sc; (o) OlXtZthg her. said vehicle while knowing and/or wi~ife she should have known of her incepecit~ to control the said vehicle and mske apl~opriate obsezvations; and ~m~ o ~ o3 09~Oem m~Ller insurance as$oo 7172.4~246~ (p) otherwise operating said vehicl~ in a careless and negligent manner a~ in a mmme~ vlolatin8 thc Motor Vehicle Code of the Cemmonwealth Of Pennsylvania. 14. As a result of the aforementioned accident and tho n .cr, lilgcnce and carelessness of De~'endant, Plain{iffBtian A. Hope suffcrccl severe injuries which inehde Iltt ere not limited to herniated discs at C3-4, C4-5' and C5,.6; traumatic exacerbation of cervical ~pondylotic myclopathy; cervical strain and sprain; ridiculer pain w~th nem~log~c involvement: post traumatic headaches; injuries to his ccrvlc~, thoracic and lumbesacral spine., thclr bones, cells, tissues, nerves, muscles and fimctfons; injury to his dominant fight shoulder alon~ w~th a superior labral tear and a SLAP lesion nlonl~ with fight shotdder impingement; rotator cufftendinits; synovitis; shock and injury to hie nerves and ner~us syslcrrk some or all or'Which injuries, PlaintiAThns been advised, are or may be pemuncnt in nature. 15. As & resut! or'the accident af'orementioned and thc nelligence and carelessness o£Def'end~flt, Pl~ntiff Brian A. l-lope has urtdcq~one an anterior cerv|cal discectomy at C5-6; an anterior cervical fusion at C3 through C-6.with iljac crest s~ bone graft: and aftlerJor plate fixation; an anterior cervical e, orpectomy al C4-5, aloha with permanent and disfiguring scarfing in the ~roat as a result of the surgeries. Plaintiff hrthm* dc~_~ lateui femoral cutaneous nerve symptoms and ticm'oJogica] dysfunction and erectile dysfunction following thc bone harvesting procedure, which is and/or may be pemument tn nature. t 6. As a result of~e accident aforementioned and ~ n~i~Cc ~d d~d~t of~c 17. ~ n r~lt of~e ~d~t ~o~t~n~d ~d the negligee.md ~~e~ of ~~ P~n~ff h~ un~c ~ physi~ p~ su~edng md m~ ~h, ~d ho the ~ ~ bis ~ 18. ~ argot of~e ~id~t a~i~cd md d~i~ of his su~ 1~ ~ ~~ for 1o~. 19. ~ a ~ult of~e ~cidmt afor~ntio~ ~d t~ ncgtig~cc ~d ~t~ ofDcfcu~ Phi~ffh~ be~ ~able to ~d to h~ u~ ~d d~ly duti~, a~~ ~d ~ will ~ue to ~ ~lc to ~t~d to ~c s~ for ~ indefi~tc t~e in thc ~ to ~s ~ d~mt ~d I~. 20. ~ a ~sult of~e ~i~ ~~on~ ~d'~ ~ig~ ~d eagle, s'of ~f~d~, Pl~ntiff~s ~ obli~ to ~ la~ ~ ofmon~ for his injurie~ end he n,.ny or will be obliged lq continue to expend such sums of money, [or the same ptuposo.% for an indefinite time in the ~uturc, all to his greet detrbnent and loss. 21. AS.a result of the accident aforementioned end the ne~illence and carelessness of thc Defendant, Pleintifflus under~one surftical procedures and resultant scarring, includin$ nfl approximate 3½" sc~ on this thros, t and n 2%' scar abovc Ms ritht trip which are perm. anent and disfiguring ~.d unsightly and Plaintiff may in Ibc future unde~, o medical proced~ in order to attempt to alleviate the sams and the unsightly eppeamtce. 22. As a result ofthe ac~:ident aforementioned end the negligcucc and cur~lessne~i of the Defendant, Plaintiffhns suffered embnrrnssmmt end humiliation · which is ccmtinuing and may continue into the ~uturc, to his greet de~rnent mid loss. 23. As a result of the nccldent ftforemefltioncd and the negligence end cerelesmee, s of the Dc~endent, PlaintifTbas been prescribed narcotic medications in an effort to reli~¥e his pain end now he.q n plet~ nfld .qcmw.q installed in his neck, which nay need M be rcmov~ at flu'that expense; has undergone ~ive physical ~d rehabilitativc thenpy end home exc~sc pt;u~ nd is limited-in function and motion, 24. As a fault of'the accident 8for~nentloned, Plnlfltiffsustained !osses of tools end equipment that hc used in his employment and claim is made for ibc fait' mnt,.ket value ofs~t tools and equipment. SEP 24 '~3 1~13:33 PI:IGE.{~ WttER~ORE, Plaintiffclaitns of~e defendant herein a sum in excess of l~iRy Thounnd Dotlers, intacst, dmnalics for delay and costs. Attom~ for Plaia~iff SEP 24 '03 1~:34 p. lO BRIAN HOPE , hereby states he is the Plaintiff in this action, and verifies that the statements made in the fo=egoinq Civil ~c~ion-Complaint a~e true and correct to the best of h~$ knowledge, i~formation and belief. The undersigned understands that the statements therein are made sub,eot to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BRIAN A. ~OPE ~ R4 '03 88:34 P~gGE. 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRAIN A. HOPE VS. KATItRYN T. SHOEMAKER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMMUNICATIONS CONSTRUCTION (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATrACHF~D RIDER **** at The MCS Group, Inc.. 1601 Market Street. Suite 800, Philadelphia, PA 19103 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. If you 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 compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: LAURA SCHEFF. ESQ. ' ADDRESS: 1857 WIIJJAM PENN WAY P.O. BOX 10248 I.ANCAST~.IL PA 176050248 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: P o~notary/Cl lc, Civ~ivisio EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNICATIONS CONSTRUCTION 235 EAST GAY STREET WEST CHESTER, PA 19381 RE: 43942 BRIAN. A. HOPE Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form,, pe ,rtsining to: Dates Requested: up to and including the present. Subject: BRIAN A. HOPE Social Security #: 098-40-0185 Date of Birth: 09-28-1957 SU10-491338 43 942--L10 THE HCS GROUP INC. 1601 MARKET STREET, #800 PHILADELPHIA, PA 19103 (215) 246-0900 M~MORANDIJI~I 03/25/2004 RE: 232-117673 RECORDS ON: BRIAN A. HOPE FROM: COMMUNICATIONS C0NSTRUCTION MCS RE: 43942-10- 3 T0: TERI VATER THANK YOU FOR YOUR REQUEST ON THE ABOVE CAPTIONED MATTER. UNFORTUNATELY THE COUNSEL LISTED BELOW HAS OBJECTED TO MCS OBTAINING THESE RECORDS ON YOUR BEHALF. AFTER YOU SPEAK WITH COUNSEL, PLEASE ADVISE IF THIS OBJECTION IS GOING TO BE LIFTED OR ADVISE IF YOU WOULD LIKE US TO SERVE A PERSONAL APPEARANCE SUBPOENA. IF WE DO NOT HEAR FROM YOU WITHIN 1 MONTH WE WILL CANCEL THIS REQUEST. Sincerely, CHRISTIAN JOHNSON (215) 246-3665 Ext: 3073 CC: THOMAS MORIBOND0, ESQ. TO: LAURA SCHEFF, ESQ. ATTN: TERI VATER POST & SCHELL 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 176050248 (3 ~,!q!qx3 POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 DEFENDANT KATHRYN T. SHOEMAKER'S INTERROGATORIES DIRECTED TO PLAINTIFF (SET NO. 1) INTRODUCTION Scope. These standard interrogatories have been approved by the Court of Common Pleas of Cumberland County for usc in all matters subject to Rule 4001 of the Pennsylvania Rules of Civil Procedure. A standard interrogatory is presumptively pelmissible where relevant, and objections thereto generally will not be indulged. Standard Instruction. The following instructions are applicable to these standard interrogatories: i) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answer, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. ii) Claim or privilege. With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. iii) Option to produce documents. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate referenced to the corresponding interrogatories. Definitions. The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums and other data compilations from which information can.be obtained. "Identify" or "Identity" means when used in reference to -- 2) A natural person, his or her: i) full name; and ii) present or last known residence and employment address (including street name and number, city or town, and state or county); b) A document: i) its description (e.g., letter memorandum, report, etc.), title, and date; ii) its subject matter;, iii) its author's identity; iv) its addressee's identity; v) its present location; and vi) its custodian's identity; c) An oral communication: i) its date; ii) the place where it occurred; iii) its substance; iv) thc identity of the person who made thc communication; v) the identity of each person to whom such communication was made; and vi) the identity of each person who was present when such communication was made; d) A corporate entity: i) its full corporate name; ii) its date and place of incorporation, if known; and e) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. INTERROGATORIES years; and Please State: B. C. D. E. F. G. Your full name; Any other names you have used or been known by; Your date aud place of birth; Your marital status at the time of the incident or occurrence; Your present marital status; Names, ages, and addresses of your children and other dependents; Your present home address and previous addresses for the past ten (10) H. Your Social Security number. 2. Please state the full name and last known address of every wimess known to you or to your attorneys who has any knowledge regarding thc facts and circumstances surrounding thc accident in which allege you were involved. 3. Did you take any drags or medications or alcohol within 24 hours of the incident. If so, for each substance state: B. C. D. E. The description of any effect that you experienced medication or drags; and F. The name and address of the person who prescribed it. The name of the medication or drug; The dosage of each and the number of dosage; The time that you took each dose; A description of the condition which requires such medication or drag; from taking the -5- 4. Please state fully and in complete detail all that the Defendant did or failed to do which in anyway caused or contributed to cause the alleged occurrence as well as the condition which you allege caused the alleged incident. -6- 5. Identify by name and address, each person from whom you, or someone acting on your behalf, has obtained a statement (as identified in Pennsylvania Rule of Civil Procedure 4003.4) and attach a copy of such statement to your answers to these Interrogatories. 7. State the names and addresses of each non-expert witness you intend to call at trial and for each non-expert wimess, state: The subject matter of his/her testimony; and The substance of the facts to which this witness is expected to testify. -9- 8. Have you ever filed suit and/or claim(s) Coesid~ this one) for any personal injury? If so, state for each such suit: judgment. Ao The date of filing and the name and location of the Court; The present status of the suit; and If concluded, the final result, including the amount of any settlement, or -10- 9. For the period of ten (10) years immediately preceding the date of the alleged incident up to the present date, state; A. The names and addresses of each of your employers or, if you were self-employed during that period, each of your business addresses and the name of the business while self-employed; B. The date of commencement and termination of each of your periods of employment or self-employment; C. A detailed description of the nature of your occupation in each employment or self-employment; and D. The amount of income from employment and self-employment for each year (attach your federal income tax return for each year). 10. Did you receive payment of any portion of your salary during any period of your alleged disability resulting from the alleged incident? If so, give details and amounts. -11- 11. With regard to any noneconomic detriment for which the Plaintiff claims he/she is entitled to receive compensation, describe with particularity each separate and specific detriment for which compensation is sought. -12- 12. Does the Plaintiff claim damages due to any loss of earnings as a result of the alleged occurrence? If so, please state: A. The dates inclusive when the Plaintiff was unable to work due to the injuries resulting from the alleged occurrence; and O~CUITeBC~. The total amount of earnings the Plaintiff lost as a result of the alleged -13- 13. Does the Plaintiff claim damages in the form of lost earning capacity as a result of the alleged occurrence? If so, please set forth the factual basis of this claim. -14- 14. Did you have any conversations or oral communications with the Defendant just prior to, at the time of, or just after the alleged occurrence? If so, please identify: B. C. D. Each participant in the conversation; The time the conversation took place; The substance of the conversation; and Ali persons present at the time of the conversation. -15- 15. Did you have any conversations or communications orally with any person witnessing the alleged occurrence or any part thereof, just prior to, or at the time of, or just at~er the alleged occurrence? If so, please identify each individual by name and address including the substance of that conversation. -16- 16. Have you ever drawn social security benefits for disability?. If so, state: A. Your residence at the time. B. The social security office through which you filed your claim. C. The nature and extent of the disability. D. The length of time of such disability and the beginning date. -17- 17. Are you now receiving or have you ever received any disability pension, income or insurance or any workmen's compensation from any agency, company, person, corporation, state or government and, if so, state: A. The nature of any such payment. B. The dates you received such income. C. For what injuries or disability did you receive it and how such injury occurred or disability arose. D. By whom paid? E. Whether or not you now have any present disability as a result of such injuries or disability. F. G. the Complaint. If so, the nature and extent of such disability. Whether or not you had any disability at the time of the incident described in H. If so, the nature and extent of such disability. -18- l 8. Have you ever suffered any injuries in any accident and/or incident during the twenty (20) year period prior to the alleged incident? If so, state for each injury or accident: A. The date and place of such injury. B. A detailed description of all the injuries you received. C. The names and addresses of any hospitals rendering treatment. D. The names and addresses of all physicians, surgeons, osteopaths, chiropractors, or other medical practitioner rendering treatment. E. The nature and extent of recovery and, if any permanent disability was suffered, the nature and extent of the permanent disability. F. If you were compensated in any manner for any such injury, state the names and addresses of each and every person or organization paying such compensation and the amount thereof. -19- 19. Please state whether or not you have been involved in any accidents and/or sustained any injuries for which you have consulted a physician since the date of the alleged incident and if so, state: A. The date of the said accident and/or injury. B. The place where said accident and/or injury occurred. C. The manner in which said accident and/or injury occurred or was sustained. D. The name and address of the physicians consulted as a result of the said accident and/or injury. E. The dates on which you were examined and/or treated by said physician. F. The nature of your injuries and complaints at the time you were examined and/or treated by said physician. G. Whether or not said physician has rendered a medical report in connection with the aforesaid care and treatment. -20- 20. Please state whether or not prior to the date of the alleged incident you had any disabilities or physical impairments. If so, please state: A. The nature and extent of the disability and impairment. B. The length of time you had this disability and/or impairment. C. The effect the disability or impairment had on your daily activities. D. The effect which the physical disability or impairment had on your operation of an automobile. -21- 21. Do you, your attorney, your insurance cartier or anyone acting on your or their behalf, have or know of any photographs, motion pictures, maps, drawings, diagrams, measurements, surveys or other descriptions concerning the events and happenings of the alleged incident, the scene of the accident, or the areas or persons or vehicles involved made either before, after, or at the time of the events in question, including any photographs made of the plaintiff at anytime since the alleged incident and, if so, as to each such item, state: A. Its nature. B. Its specific subject matter. C. The date it was made or taken. D. The name and last known address of the person making or taking it. E. What each such item purports to show or illustrate or represent. F. The name and address of the person having custody of such item. -22- 22. Please give the name and address of each physician or medical practitioner who has examined and/or treated you as a result of the accident or for the injuries from the alleged incident and please state with regard to each such physician or medical practitioner: A. The first date on which you were examined and/or treated by each. B. Thc number of occasions you were examined and/or treated by each. C. The last date on which you werc examined and/or treated by each. D. The nature of the treatment rendered by each. E. Whether or not a medical report has been rendered in connection with the said care and treatment. -23- 23. Please state whether or not any of the physicians listed in the answer to the £orcgoing interrogatory recommended or prescribed therapy as treatment t'or thc alleged injuries sustained. If so, for each physician who recommended therapy, state: A. His or her name. B. The name and address of the person administering the therapy. C. The nature of the therapy administered. D. The area or areas of the body which were so treated. E. The dates on which such therapy treatments were administered. F. The total charges made in connection with the therapy. -24- 24. If you received treatment at any hospital in connection with the injuries allegedly suffered, please state: admitted. A. The name and address of each hospital at which you were so treated and/or B. The dates on which said treatment was rendered, including the dates of entry into and discharge from said hospital or hospitals. hospitals. C. The name and address of the physicians who attended you at said hospital or -25- 25. Have you, as a resuR of alleged incident and the injuries sustained from the incident, worn any type of brace, corset, cervical collar, support, or any type of orthopedic appliance? If so, state: A. The name of the doctor who fired or prescribed said appliance. B. Describe the appliance and state its cost. C. When did you start wearing said appliance. D. When did you stop wearing said appliance. E. Was said appliance worn constantly or intermittently during the foregoing period and, if both, state the period in which it was worn constantly. -26- 26. Please list the name, address, specialty, and reason for consulting any and all physicians and/or hospital who had occasion to examine and/or treat you during the twenty (20) year period immediately preceding the date of the alleged incident and give the approximate date on which you were examined and/or treated by each. -27- 27. Have you ever suffered from any injury in which you alleged to have suffered as a result of the incident as described in your Complaint? If so, please state: A. The first date on which you were examined and/or treated for each. B. The number of occasions you were examined and/or treated for each. C. The last date on which you were examined and/or treated for each. D. The nature of the treatment rendered for each. E. Whether or not a medical report has been rendered in connection with the said care and treatment. F. The full name(s) and address(s) of the physician/hospital with whom you treated. -28- 28. Provide the full name(s), address(s) and location(s) of your family physician who has treated you since birth. 129o 29. Describe all facts and investigations preformed by you, and the findings thereof, which lead you to believe that the incident occurred for the reasons set forth in answer these interrogatories. -30- 30. Have you ever filed a lawsuit and/or a claim for injuries sustained other than the above entitled action for which you sustained an injury of any kind or nature? 31. following: If the answer to the preceding Interrogatory is in the affu'mative, please state the Ao B. C. D. Where the incident occurred; The date that the incident occurred; The alleged cause of the incident; Whether or not your claim was presented in a formal law suit and the Court term and number of that lawsuit. If not, the name and address of the insurance carrier in which a claim was made as well as the claim number; E. A complete description of all injuries as a result of each said injury; F. The name and address of any and all physicians and hospitals in which you treated as a result of said injury; Go said injury(s). Whether or not you have given deposition and/or statements relating to -32- 32. State location and address from which you commenced this trip prior to the accident, and the locations and addresses of any stops made by you within two (2) hours prior to the accident. State the purpose of each stop. What was the purpose of this trip by you? Please provide the address of your destination as part of your response. -33~ 33. If you are a named insured on a policy of insurance covering a Pennsylvania registered motor vehicle which was written or renewed after July I, 1990, indicate whether you chose the "limited tort" option or "full tort" option as described in the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended July 1, 1990, of Act VI, and contained in 75 Pa. C.S.A., Section 1705. -34- 34. If you are not a named insured on a policy of insurance covering a Pennsylvania registered motor vehicle which was written or renewed after July 1, 1990, indicate whether the named insured(s) in the household in which you reside chose the "limited tort" or "full tort" option as described in the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended July 1, 1990 of Act VI, and contained in 75 Pa. C.S.A. Section 1705. -35- 35. If you, or a named insured(s) in the household in which you reside, chose the "limited tort" option as set forth in 75 Pa. C.S.A. Section 1705, please state whether you claim to have suffered a "serious injury" as defined in 75 Pa. C.S.A. Section 1705. -36- 36. If you are claiming you have suffered a serious injury, as defined in 75 Pa. C.S.A. Section 1702, please identify whether the personal injury you suffered resulted in death, serious impairment of a bodily function, or a permanent serious disfigurement. -37- 37. If you have claimed a serious impairment of a bodily function, please state in detail the injury you have received, and the bodily function that has been seriously impaired. -38- 38. If you have claimed that you suffered injuries resulting in permanent serious disfigurement, please state in detail the injuries you received and the permanent serious disfigurement which you suffered as a result of these injuries. -39- 39. Please provide a detailed description in your own words of how the alleged incident occurred, including all actions taken by you to prevent said incident. -40- 40. Please state the name and address of all facilities in which you have had prescriptions filled from 1994 to the present, the name and dosage of the medication prescribed and the name and address of the prescribing physician. -41- 41. Please provide the complete address and claim number(s) for any and all workers compensation claims you have filed at any time and provide a detailed description relating to each said injury or occurrence. -42- POST & SCHELL, P.C. L/Attorney for Defendant -4:3- CERTIFICATE OF SERVICE I, Teri Vater, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: DATE: /~' "~0 C)_.~ Thomas Moribondo, Esquire 1002 Robin Drive West Chester, 'PA 19382 TER/VATER THOMAS MORIBONDO, ESQUIRE ATTORNEY LD. No. 30306 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney for Plaintiff BRIAN A. HOPE VS. KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-4891 e PLAINTIFF'S ANSWERS TO INTERROGATORIES (a) Brian Allen Hope (c) September 28, 1957; Albany, NY (d) Separated (e) Kristin; 26 years old; Springfield, MA Megan; 18 years old; California, KY Elijah; 9 years old; New Cumberland, PA (g) 49 Keystone Court, Honeybrook, PA 19344; 7 N. Prestwick Court, Dover, DE 19904; Lot 2B, Springers Lane, New Cumberland, PA 17070 255 St. Helena Ave., Baltimore, MD 21222 (h) 098-40-0185 Parties hereto. See police report. Further information will be supplied. Yes (a) Insulin over the counter (b) 10 units 2x per day (c) Morning; Evening (d) Diabetic (e) None (f) Unknown See allegations of Complaint. Further, based on defendant's testimony, she proceeded from a stopped position while confused; drove on a bright sunny day while she was sensitive to light due to cataracts and was not wearing sunglasses and decided to take a route to a supermarket after having been advised that road work was being performed on that section of the road. Further information will be provided. Se Will be supplied. None have been identified with certainty at present. Plaintiff will seasonably update this answer. See medical and vocational reports which have been provided, along with CV of Jasen Walker. 10. 11. 12. 13. 14. 15. None haue been identified as yet. See police report for identities-.of witnesses and investigating officer; see documents from Delta Labor regarding flagging. Further information will be provided. No See vocational report of Jasen Walker and tax returns, which have been provided. I have received and am currently receiving workers' compensation benefits based upon an average weekly wage of $813.63. Plaintiff has previously supplied workers' compensation lien information. As of August 7, 2003, that lien was comprised of $41,752.62 of indemnity benefits and $60,640.90 in medical benefits. See August 18, 2003 letter to James Hammel of Kemper Insurance Company. Further information will be provided. See No. 10 above. supplied. Further information will be See No. 9 and No. 10 above. be supplied. Further information will No I provided information to the investigating police officer and I did speak with co-employees and flagger at the scene. 16. No. 17. 18. 19. 20. 21. 22. 23. I am presently receiving workers' compensation benefits. See No. 10 above. Further, Liberty Mutual pays the workers' compensation benefits based upon my total disability resulting from injuries sustained in this accident. Approximately 20 years ago, while working at Corning Glass in New York, I did injure my upper back or neck. I do recall being out of work for several weeks, if not slightly more. I do not recall receiving x-rays or physical therapy. I also broke the navicular bone in my right hand while working for Baker Installation in Western Pennsylvania in approximately 1993. I believe I was out of work 1 h months for that injury. I do not recall the names of any of the doctors with whom I may have treated. After each of these incidents, I resumed full duties. See No. 17 above. I did strain my right shoulder while working in approximately 1998 for a company known as Specialty Constructors (American Towers) whose offices were in Salem Oregon at the time. I was put on light duty for a short period of time. I do not recall receiving workers' compensation or being out of work for the strain. I had a full recovery and the strain did not affect my work in the future. No. I have diabetes, which is controlled with insulin and diet. I developed diabetes when I was in my early 30's. I had no other disabilities or impairments that affected any of my work duties. See police report already in your possession, as well as documents from flagging company which are provided. Copies of photographs of the accident scene taken in September 2003 are provided. Copies of photographs of Plaintiff depicting scarring are being provided. Copies of photographs of appliances are also provided. See medical records provided. See medical records provided. 24. See medical records provided. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. I wore two different cervical collars. I have used a TENS unit and bone stimulator. I used a cane for a period of ti-me and I had an arm sling following my shoulder surgery. Objection. The materials requested, unrestricted as they are to injuries sustained in this accident, cause unreasonable annoyance, embarrassment, oppression, burden and expense and is beyond the scope of discovery and would further require unreasonable investigation. The arbitrary limit of twenty years is burdensome. Further, without waiving this objection, see prior answers. See medical records provided, as well as previous answers. Objection. The information requested causes unreasonable annoyance, embarrassment, oppression and burden and requires unreasonable investigation and is further beyond the scope of discovery as set forth in the Rules of Civil Procedure. Further, without waiving said objection, I remember a Dr. Mulcahy in Corning, NY. Since the date of the accident, I have seen as family doctors Douglas Ladika, D.O., Caleb Nwosu, D.O. and Francis Brennan, D.O., all of whom had or have offices in Honeybrook, PA. See No. 4 above, as well as Defendant's deposition testimony and the investigative materials provided herewith. Further information and materials will be provided. See prior answers. See prior answers. A co-worker picked me up in Dover, Delaware and drove me to my work location at CCG in Chambersburg, PA, where I picked up my work bucket truck and then drove to Route 34 north of Carlisle, where the accident happened. I was not a named insured at the time. I was a resident of Delaware occupying a commercial vehicle at the time of the accident. 35. I was occupying a commercial vehicle at the time of this accident and not a private passenger motor vehicle. 36. 37. 38. 39. 40. See medical records. See medical records which document among other things, shoulder and neck pain, as well as hip pain from the bone harvest site and erectile dysfunction. Following the fusion surgery, another disc at the C6-7 level, I believe, has herniated. A functional capacities evaluation is also being provided. See medical records for further explanation of impairments and disabilities. Further information will be provided. Yes, I have a scar on my throat from the anterior fusion surgery that was performed; three scars on my right shoulder from that surgery and a scar on my right hip where a bone was harvested for the fusion. See police report, documents from flagging company which are provided and allegations of Complaint. Further, in accordance with my training and my employer's procedures, I activated the strobe lights on the truck. I applied the emergency parking brake which needed to be applied for the bucket to operate. I parked the truck partly off the road surface. Road signs had been placed on the road and I was accompanied by a flag man. I believe that six orange cones had been set out on the road surface. I was engaged in working in the elevated bucket of the work truck at the time that the defendant struck my truck, pushing it forward. Further information will be provided. Objection. This information is beyond the scope of discovery and would cause unreasonable annoyance, embarrassment, oppression, burden and expense and require the making of an unreasonable investigation. Without waiving this objection, I do not believe that I had any prescriptions filled during the stated period of time. The insulin that I used was over the counter. 41. See prior answers. VERIFICATION Brian A. Hope , hereby states he is the PLaintiff in this action, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of his knowledge, i~formation and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BRIAN A. HOPE POST & SCHELL, P.C. BY: 'LAURA H, SCHEFF I.D. ~:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPB Plaintiff, V. KATHRYNT. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 034891 DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF (SET NO. 1) TO: Plaintiff c/o Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 Request is hereby made pursuant to Pa. R.C.P. No. 4009 that Plaintiff produce for inspection and copying at the offices of Post & Schell, P.C., 1857 William Penn Way, PO Box 10248, Lancaster, PA 17605-0248 any and all of the documents listed below which are in the possession, control or custody of the aforesaid party, his/her agents, servants, employees or representatives. A written response to this Request must be served within thirty (30) days from service hereof. DEFINITIONS Documents is an all-inclusive term that comprehends any written, printed, drawn or recorded material, however produced, stored or reproduced. This term includes, without limitation, all correspondence, memoranda, inter-office communications, minutes, reports, notes, schedules, computations, analyses, documentations, drawings, diagrams, graphs, charts, surveys, bills, checks, diaries, proposals, print-outs, recordings, telegrams, films, tests, studies, demonstrations and all other tangible or retrievable informational material. This term also includes any preliminary notes and drafts of the foregoing in whatever form, such as, for example only, printed, typed, long-hand and shorthand material on paper, paper tape, magnetic tape, ribbon, microfilm, still or moving photographic film and videotape. For the purposes of the instant Request, this term, does not include (a) privileged communications, Co) the mental impressions, opinions, legal research and theories of counsel, and (c) the mental impressions or opinions of other representatives respecting the merit or value of any claim or defense or respecting strategy or tactics. Statements is an all-inclusive term that comprehends any written utterance which is signed or otherwise adopted or approved by the person making it and any oral utterance which has been contemporaneously recorded by stenographic, mechanical, electrical, or any other means or has been transcribed from such recording so as to be a substantially verbatim recital of the verbal expression of the person making it. The documents covered by this Request are as follow: 1. The entire contents of any investigation file or files or any other documentary evidence in your possession which supports or relates to the allegations of Plaintiff's Complaint or any defense thereto. 2. Any and all statements concerning the actions from all witnesses including any statements from the parties herein or their respective agents, servants, employees or representatives. 3. Any and all documents containing the name and home address and/or business addresses of every individual contacted as a potential witness. 4. Reports from any and all experts who are expected to testify at trial. -2- Copies of all exhibits which you intend to offer at the trial of this matter. A copy of any experts CV's that you intend to call as an expert witness. All photographs (original) taken or diagrams prepared of the scene of the accident/incident or any instrumentality involved therein. 8. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 9. Any and all medical records, physician(s)' reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff(s), as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. 10. Each and every document upon which the Plaintiff(s) will rely at the time of trial. 11. Each and every report, note, memorandum, summary and/or record of any kind or description relating to any and all interviews of Plaintiff(s) and/or any witness made by Plaintiff(s) attorney, excluding only those statements of Plaintiff(s) made in the presence of his/her attorney to which the attorney-client privilege applies. 12. Each and every investigative report, note, memoranda, summary and/or record of any kind of description concerning the above-captioned action or its subject matter, prepared, obtained, or otherwise in the possession, custody and/or control of Plaintiff(s) and/or his/her attorney, investigator and/or any other agent or representative excluding only those non- discoverable material which is attorney-client privilege. 13. All documents which refer, relate, or in any way pertain to money owed or paid by you or anyone else to any physician, hospital, clinic and/or other health care provider for treatment and/or examination in connection with the injuries and/or illnesses alleged in the Complaint. 14. All documents which refer, relate or in any other way pertain to any and all wages and/or benefits lost as a result of the incident, including but not limited to tax returns, attendance records, wage statements and employers' reports. 15. All documents which refer, relate, or in any way pertain to any money you have received in compensation for expenses or other damages incurred, including but not limited to wages or benefits lost, as a result of the incident. 16. Any and all documents, including, but not limited to, reports, records, and x-ray photographs (original), which refer, relate or in any way pertain to any medical treatment and/or examinations Plaintiff(s) had received in connection with the injuries and/or illnesses allegedly sustained as a result of the incident. -3- 17. Any and all documents which refer, relate, or in any way pertain to any and all injuries or illnesses allegedly sustained by Plaintiff(s) as a result of the incident. 18. Any and all documents which refer, relate, or in any way pertain to all other injuries or illnesses, either prior to or subsequent to the incident,~ in those portions of the body claimed by the Plaintiff(s) to have been affected by the alleged incident. 19. Any and all documents which refer, relate, or in any way pertain to any of Plaintiff(s) activities, social or otherwise, which allegedly have been restricted as a result of the incident. 20. With regard to any employment records referred to in this Request which are in existence but are not physically in the possession or custody of the Plaintiff(s) or the Plaintiff(s) attorney, but which are in the Plaintiff(s) control, the Defendant(s) requests that the Plaintiff(s) execute authorizations to allow the Defendant(s) to obtain and examine copies of said records. 21. Any and all documents relating to property damage to your vehicle you alleged to have occurred from thc incident as described in your Complaint. 22. Any and all documents relating to any workers' compensation claims pertaining to the above referenced incident as well as any other incident. 23. All information not otherwise requested in Paragraphs 1 through 22 above, which is contained in the files of Plaintiff(s) and/or Plaintiff(s) attorney, investigator and/or any other agent or representative and which is neither the mental impression of his/her attorney nor that attorney's conclusions, opinions, memoranda, notes, summaries, legal research or legal theories nor with respect to Plaintiff(s) representative other than his/her attorney, neither mental impressions, conclusions or opinions reflecting the value or merit of a claim or defense or respecting strategy tactics. POST & SCHELL, P.C. ~ aura H ~.aul . Attorney for Defend~t -4- CERTIFICATE OF SERVICE I, Teri Vater, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: DATE: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 TERI VATER THOMAS MORIBONDO, ESQUIRE ATTORNEY I.D. No. 30306 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney for Plaintiff BRIAN A. HOPE VS. KATHRYN T. SHOEMAKER COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 034891 PLAINTIFF'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS (SET 1) 0 Copies of the police report and documents from Delta Labor are provided. Further information will be provided if and when obtained. See No. 1 above. See No. 1 above. See reports attached. Further information will be provided seasonably once obtained. None have been decided upon at present. information provided. See None have been decided upon at present. See Curriculm Vitae of Jasen Walker which is provided. Further, see records and reports provided. Further information will be provided seasonably. Copies of photographs are provided. Photographs were previously sent to the Kemper Insurance adjuster. None other than what has been provided. Medical records are attached. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Unknown at present. supplied. Further information will be See documents provided. See documents provided. None. A lien letter dated August 18, 2003 from Liberty Mutual is attached. See records and tax returns provided and report of Jasen Walker. See lien letter from Liberty Mutual. See medical records provided. See medical records provided. See medical records provided. See documents provided. Objection. No provision exists under the Pennsylvania Rules of Civil Procedure for such authorizations. None. Objection based on unreasonable annoyance, embarrassment, oppression, burden and expense and requiring unreasonable investigation. Further, this request is beyond the scope of discovery. Without waiving this objection, see documents provided. Objection based on unreasonable annoyance, embarrassment, oppression, burden and expense and requiring unreasonable investigation. Further, this request is beyond the scope of discovery. Without waiving this objection, see documents provided. THOMAS MORIBONDO Attorney for Plaintiff CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: BY: POST & S~!-IELL/P.C. GP.E S. HmTZEL, ESOVmE Attom~ty I.D. No. 56027 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D.//:56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE ATTORNEYS FOR DEFENDANT Vo COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, NO: 03-4891 KATHRYN T. SHOEMAKER Defendant. DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S OBJECTIONS PURSUANT TO PA.R.C.P. 4009.21 AND MOTION FOR MORE SPECIFIC RESPONSES TO DEFENDANT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PURSUANT TO PA.R.C.P. 4019 Defendant, Kathryn T. Shoemaker, by and through her attorneys, Post & Schell, P.C. hereby files the instant Motion to Strike Plaintiff's Objections Pursuant to Pa.R.C.P 4009.21 and Motion for More Specific Responses to Defendant's Interrogatories and Request for Production of Documents Pursuant to Pa.R.C.P. 4019, and in support thereof, avers as follows: 1. Plaintiff, Brian A. Hope, filed a Complaint in Cumberland County on September 17, 2003 against Defendant Kathryn Shoemaker for alleging serious injuries as the result of a A true and correct copy of Plaintiff's Complaint is attached hereto as January 22, 2002 incident. Exhibit "A." 2. Plaintiff alleges on January 22, 2002, he was positioned in a bucket for an elevated "cherry picker" stopped on Route 34 in Cumberland County, performing maintenance POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE ATTORNEYS FOR DEFENDANT Vo COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, NO: 03-4891 KATHRYN T. SHOEMAKER Defendant. DEFENDANT'S MOTION FOR LEAVE TO FILE A JURY TRIAL DEMAND Defendant, Kathryn Shoemaker, by and through her attorneys, Post & Schell, P.C. hereby files the instant Motion for Leave to File a Jury Trial Demand, and in support thereof, avers as follows: 1. Plaintiff, Brian A. Hope, filed a Complaint in this Honorable Court on September 17, 2003 against Defendant Kathryn Shoemaker alleging personal injuries from an incident that occurred on January 22, 2002. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "A." 2. On or about October 2, 2003, Laura H. Scheff, Esq. entered an Appearance and subsequently filed an Answer with New Matter on behalf of Ms. Shoemaker. A true and correct copy of Ms. Scheff's Entry of Appearance attached as Exhibit "B" and a copy of Defendant's Answer is attached as Exhibit "C 3. The undersigned entered his appearance and Ms. Scheft withdrew her appearance on or about November 12, 2004. To this point, a jury trial has not been demanded on behalf of Defendant, who through the undersigned counsel, respectfully now brings the within request for jury trial on behalf of Defendant before this Honorable Court. 4. As this Court is well aware, Article 1, Section 6 of the Pennsylvania Constitution and 42 Pa.C.S.A. § 5104 grants the right to a jury trial in civil actions. 5. Pennsylvania Rule of Civil Procedure 1007.1(a) states: "In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial and not later than twenty days after service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing." 6. Although a party who fails to follow the proper method for demanding a jury trial "waives" his right to a jury trial under the above rule, our courts have held that a late demand for a jury trial may be granted by the trial court in its sound discretion. See eg. Dauphin Deposit Bank & Trust Co. v. Pifer, 556 A.2d 904 (Pa. 1988) and that the Rules of Procedure cannot "be accorded the status of substantive objectives requiring rigid adherence." Lewis v. Erie Insurance Exchange, 281 Pa. Super. 193, 199, 421 A.2d 1214, 1217 (1980). 7. In Dauphin Deposit, supra., the Court granted the appellee's oral request for a jury trial where the request was nine months after the close of permissible pleadings and the request was made at the pretrial conference. The Supreme Court held that Rule 1007.1 does not explicitly bar a trial court from allowing an untimely jury demand. construction would require a finding that Additionally the Court noted that only a strict the rules' requirements were mandatory in nature allowing for no exception and that such a construction is generally refuted by the principles of Pa.R.C.P. 126 (Liberal Construction and Application of Rules). Id. at 906. 9. Additionally, in Silviotti v. Linder, 60 Pa. D. & C.4th 375 (Northampton Co. 2003), the Court of Common Pleas for Northampton County granted the plaintiff's late request -2- for a jury trial where plaintiff's prior counsel did not request a jury trial, despite plaintiff's request that they do so. 10. Further, in ruling on late jury trial requests, the courts of this Commonwealth have noted that there is "no inherent prejudice in proceeding to trial by jury as opposed to trial before a judge...and...considerations of prejudice to the other side play no part in enforcing a waiver of a jury trial where the provisions of Rule 1007.1(a) have not been met." Dauphin Deposit, supra at 906. 11. As indicated above, the fight to a jury trial is afforded great protection, and the rules regarding waiver of jury trial demands are to be viewed with flexibility. In light of the Court's discretion to grant a belated jury trial demand, and because there is no prejudice to the opposing party, as a matter of law, in having his claims presented to a jury, it is respectfully requested that this Honorable Court grant Defendant's Motion and grant her leave to file a jury trial demand. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order granting Defendant five (5) days leave to demand a jury trial in this action with the case to be tried as close to one hundred and twenty days (120) from the date of the Order granting such leave, as is practical. BY: Respectfully submitted: POST & $CI-I-~LL~ P.C. DATE: -3- ~t Ches~, PA 193~2 (610)~399-3900 ~,~-~, ~ 7-,- COURT OF COMMON P£F.,AS C~R1U,A~D COUNTY KATI~YN'T. SHO~4AIO~R 29 Ombn Ddw C~lisle, PA 1'7013 CO~LA.~I~..- CP/TL ACTION 0:3 09aO?a n~,Tler tnsur&noe assoo 1..?laimiffBrian A, Hope is an adult individual curreutty rcsidin8; at49 l~stone Court, Honey Bix)ok, Pennsylvania 19344. 2. Del'cndant lCathtyn T. Shoemaker is an adult individual residing tit 29 Garden Drive, Carlisle., Pennsylvania 17013 3. On or abmii Janua~ 22, 2002, at about i:!5 p.m., PlatntlffBrian A. Hope, in the comae and scope of his employmtmt with Communications Construct/on Group, had driven a e~mnercial bucket track to a ideation on State Route 34 (Sprin$ Road) near 16g0 Spring Road in North Middleton Township, Cumberland County, Pcnnsylvania~ 4. Plaintiffwas one ofsevcrai workmen wlxo had driven woxk vehlel~s to that section of State Route $4 to perfrom repair and/or maintenance on the communicatiom 5. Atthe aforesaid gate, t|mc and place, Plaintiff'Brim A. Hope stopped* end · poeitloned his work truck, so that.he would have acccsa~ while elevated from the bucket, to Utitity Pole No. 15813 end was accompanied b)~ a flag ma~ who had set out approximately six m'mtk~ cones arolgtd Ge bucket truck and was dircctlng traffic. 6. Signs had been placed in the roadway of State Route 3~t to indicat~ to motot~ts that me~ were woridn8 in the area. 7. The stmSe beacon lights on the vehicle Plaintiff had driven were f~nctfonal and ope~ng at thc aforesaid date, time and place. SEP ::)4 ' 03 88:32 PI:~I:. ~aR p.4 $, At the a~'oresa~d date, tim= and plnce,.Plaind~ Brian A. Hopc was eJcvetcd approximately thir~ feet in the sir in the exf~nded buckct of the perked commereiai bucket tn~k performing maintemnce on Utility Pole No, 15813,. 9. At t('oremtd dele, time and place Del'endear Shoemaker wes operating her motor vehicle northbound on State Route 34 (Spring Road) in North Middleton ' To.wmhip, Pennsylvania. 10. At the aforesaid date, time nd place, De~'endant b'hoetnsker disregarded the signs on the roadway and sJine]s of.tho ting man, Jgno~d the su~be beton light md the onnge cones Omt had been scm out end proceeded 'forward carelessly, foxing the ting man to run aside, striking the rear of the cornrnerclnl vehicle above which Phintiffwes working. ! 1. As e result of'the impact, Plaintiff wes thrown beak and forth insid~ the c]cvntcd Ilmket of the truck, 12. The accident afbremcntioned was caused solely by reason ofth~ neglisence end carelessness of'the DefaJdaet Kathryn T. Shoemaker and was d~e in no mmma' whatsoever to. any a~t or failurc to act on the part of thc Plaintiff. 13, The neF, ligenee of the Defendant consisted of'the following: (e) ~lure to take due note ofthe point and position upon the highway of' tho vehicle above which PlalntJffwas workin~ Co) ~lurc to have thc said motor under proper end adequat~ control et the time; SEP 24 '93 ~:32 PI:IGE.I~ ~i~way; (c) ~lure t~ observe and obey the tra~c si~nais end cones set out upon the '(d) f'ailur~ to maintain a proper lookout; (e) failure to exercise reasonable oare in operating her vehicle at the s8id tine and plac~ (f'J Failure to make appropfiatc obscrvatiom; (g) fidlure to avoid impset with the parked canmerciat vehicle; Or) viohtin~ various laws ot't,~c Commonwealth of Pennsylvania pertaining to thc everafion oi~mot~ ~ehiel~s; (i) ~:nilin& to apply Inakca in thnc to avoid a oo]iision; (j) fnilure to operate her vehicle in accordance with extsting tratl'ic conditions and tra~c signs, signals and controls; 0c) disregatdin8 0~e signnts or'the flag man and thc signs thnt had been (I) viohtin& 75 Pa.C.S,A. §31 ! ! and §3326; (m) violating the Rules oFthe Road of thc Commonwealth of'Pennsylvania; (n) negligence per se; (o) operating her said vehicle while knowing and/or w~ile she should have known of her incnpneily to control the said vehicle and make appropriate observations; and ~P 24 '0~3 ~:~3 PI:tl3E.~5 (p) otherwHe operating said vehicle irt a careless and negligent maturer and in a manner violating ~e Motor Vehicle Code ofth~ Commmwenlth Of Pctmsylvan~n. t4. As a result of~he aforementioned accidertt and the n .~igcnce and carelcmtess of Defendant, PlaintiffBrian A. Hope suffered seve;e injuries whh:h inolmle but ez~ oot limited to herniated discs at C3-4, C4.-~ and C5.6; traumatio exacerbation of cervical spondylotic myelopathy; cervical strain and sprain; radicular p~n with p. ettrolo~c involvement; post traunmtie headaches; injuries to his ;crvt~l, thoracic and ltmlbosactal spine, fhcir bores, cells, tissues, nerves, muscles and fimctinns; injury ;o his dominant right shoulder alon8 with s superior labral tear and a S[.AP lesion slon$ with risht shotdde; impingmmmt; rotator cuff tendinits; synovltis; shock and injury to his nerves ,od nervous system, some or aU of which i~juries, Plaintiff'has been advised, are or may bc pemmnm~ in nature. 1 :~. As & result of the accident aforementioned and thc nce~ligenee and carelessness of Defendam, Plaintiff Brian A. Hope has und~q~one an anterior ce~'vical · disceetomy at C5-6; an ant=lot cervical fusion at C3 throush C-6.wlth ili~c orr. st structur~ bo~ I;ml~ and anterior plate l~xatio~ an anterior ;m'vical ~pectomy al C4-$, · ions with permmmt ,od didiSurinli scarrin8 in the throat as a result of the surges. PlahgJff further de~l_ ~ lateral femoral cutaneous nerve symptoms end tteurolosical dysftmction and m'ectiin dysfunction I'ollowin~ the bone harv~tina procedure, which is ,od/ormay be peffnanent in nature. 16. As a result oft, ho accident aforementioned and the neglisencc and carelessness of Defendant, PlaindffBrien Hope has underAone an arthroscopic debridemcnt of the labral tear and subacromial decompression.of his dominant risht shoulder, atonl~ with scatrin5 attendant to the surgery. t?. As a result ofthe accident 8foremcntion~d and the neglisc~ce.and carctessness of Dcfotldant, Plaintiff has undergone great physical pal~, suffering; and mental anS31Jsh, end he me0r or will eontinue to endure the same for eft indefinite time in the future, to his peat detriment and Io~. 18. As a result of the accident aforementioned and the ncsligence and carelessucss of Defendnt, Plaintiffhas. suffci*ed a loss of'earnings and loss and depreci~ of his caminAs and camin§ capacity, and be may or will continue to suffer such loss and dcpreciatlon ['or an indef'mite time in thc future, to his great detriment and loss. 19. As a result of'the accident aforementioned and thc nc[ligence and carelcsmess ofDcfcndant, Pleir~tiffhes been tmaMe to attend to his usual and daily duties, avocadoM and occupation, end has suffered a loss of Ofe's pleasures and he may or will continue to bc unable to attend to thc same for an indefinite time in the Eiture, to his great dctrim~t and loss. 20. As a result ofthe seeident aforementi0ncd and'thc negligence and careiesmess'0fDeFendant, PlaintitTIms been obliged to expend large sums of money for medicines and medical cate and treatment l'n an efrbrt to effect a cure and/or treatment for SEP :24 'l~ I~::~ Pi:IGE.9? 03 O9~QBa m~er tnsuranoe assoo ~72.432~G2 ,) Ids injuries and he rr~ or will be oblised to c, ontinue to expend sue. h sums ofmoney, for the samc purposos; loc an indefinite time in the future, all to his grmt ~t and loss. ZI, As-a result of the accident aforementioned and ~hc ncgltSence sr~ct carelessne.~s of the Defendant, Plaintiffhns undergone surgical pmcedurc~ and resultant scarring, including an approxinlate 3½" scar on this throat and a 2%" scar above his ri~llt ~p which are permanent and disfiguring and unsightly and Plaintiffmay in rix: future undmgO medical prm~u~ in o~lcr ~o attempt to allevint~ ~ gm and the umi~tty 8ppemn~. 22. As u result of the accident aforementioned and the negltsem~ and ~tr~lesane~ of the Defendant, Phintiffhas sulTered embarrassment and humiliation · which is ¢cmtinuin$ and may continue into the future, to his great detriment'and loss. 23. As & renu]! of the atx:ident aforementioned and ~ negligence and c~rel~s~es~ ofl~ Defendant, Plaintiffh~ be~ pr~cribed nn~ofic medications in an effort to relieve his pain md now ha.q n plato anti se, rows inatalled in his neck, which may need to be removed at further expense, has undergone .ex~.nsivc physical and relud~litativ~ thcrapy and home egemis~ p~o. grams md is limited, in fire. ion md motion, which limitations are expe~ted to oontinue into the future. 24. A~ a result of the accident afor~m~tioned, Pla|ntiffsustained losses of tools and equipment that he used in his employment and claim is made for the fait* tna~et value ofsa~d toots and equipment. WHEREFORE, Plaintiffchitns oldie defendant herein ii sum in excess of J~if~ Thousand Dollers, interest, damages for delay end c°sts. A~tomey for plaintiff SEP 24 ~ 03 ~t8'- ~4 PRGE. VERZPICA?IOH p. lO BRIAN XOPE ~ heceby u~es he is the Plaintiff Ln this action, and verifies that ~he statements made in the are true and correct to the best of h~$ knowledge, LO~ormation end belt$~. The undersLqned understands that the statements therein are made sub~ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn faLsilication to authorities. ~P 24 '9'3 98::34 ~.i0 POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D.//:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Kathryn T. Shoemaker, in the above- captioned matter. POST & SCHELL, P.C. By: Laura H. Scheft Attorney for Defendant CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: SANDRA MORALES -2- POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIANA. HOPE Plaintiff, Vo KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 ANSVqER WITH NEW MATTER OF DEFENDANT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and strict proof thereof is demanded. 2. Admitted. 3. - 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and strict proof thereof is demanded. 9. Admitted. 10. Denied. All averments of negligence against Defendant are denied. 11. To the extent that this averment is not a conclusion of law to which no answer is required, it is denied. After reasonable investigation, Defendant is without knowledge or -2- information sufficient to form a belief as to the truth of the averments in this paragraph and strict proof thereof is demanded. 12. Denied as a conclusion of law to which no answer is required. 13. This paragraph contains conclusions of law to which no answer is required. To the extent it is deemed that a response to this paragraph is required, Defendant denies all allegations of negligence and denies liability to Plaintiff for the claims alleged. 14. - 24. Denied as conclusions of law to which no responsive pleading is required. To the extent that the averments are factual averments which may be deemed to require a response, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments in this paragraph and strict proof thereof is demanded. WItEREFORE, Defendant demands judgment in her favor and against Plaintiff together with such other relief as the Court deems just and appropriate. NEW MATTER 25. Plaintiff's claims are barred by the applicable statute of limitations. 26. Plaintiff's claims for past and future medical expenses are limited to the sums received in satisfaction of the bills for services rendered, not the amount of the bills themselves. 27. Plaintiff's claims are barred and/or limited by the doctrine of release, setoff and/or accord and satisfaction to the extent any agreements, releases or settlements entered into by Plaintiff with any other person which relate to or arise from the incident complained of. 28. Plaintiff's claims are barred to the extent it is established the Plaintiff has failed to mitigate his damages. -3- 29. Defendant expressly reserves and preserves those affirmative defenses which need not be expressly pled under the Rules of Civil Procedure, including assumption of risk and comparative negligence. 30. Plaintiff has failed to state a cause of action upon which relief can be granted. 31. Any acts or omissions of Defendant were not substantial causes or factors of the subject incident and/or did not result in the damages alleged by the Plaintiff. 32. Plaintiff's claims are barred to the extent it is established that Plaintiff has failed to join an indispensable party. 33. Plaintiff's claims are barred to the extent it is established that there was an intervening or superceding cause of the condition complained of and/or his injuries. 34. Any claims for injuries and damages Plaintiff has allegedly suffered may be limited or barred by the Pennsylvania Motor Vehicle Responsibility Law. POST & SCHELL, P.C. ~AttourameH;fSoCrh~ffefendant,, · -4- Re: Hope v. Shoemaker VERIFICATION I, Kathryn T. Shoemaker, hereby verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unswom falsification to authorities. DATE: ~atlu~ T. S1;io~fiaker -5- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: DATE: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 SANDRA MORALES -6- CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 BY: POST~,/~/j~~& SCHE~, P.C. ~E~Q~ GAtto~rn,~y i.(~?R. YD~ixlHo. 5IR6T05E7L, IRE DATE: POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE ATTORNEYS FOR DEFENDANT Vo COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, NO: 03-4891 KATHRYN T. SHOEMAKER Defendant. DEFENDANT'S MOTION FOR CONTINUANCE OF DECEMBER 15, 2004 TRIAL Defendant, Kathryn Shoemaker, by and through her attorneys, Post & Schell, P.C. respectfully file the instant Motion for Continuance, and in support thereof, aver as follows: 1. Plaintiff, Brian A. Hope, filed a Complaint in Cumberland County on September 17, 2003 against Defendant Kathryn Shoemaker for personal injuries allegedly suffered by the Plaintiff. A true and correct copy of Plaintiff's Complaint, docketed at 03-4391 Civil Term, is attached hereto as Exhibit "A." 2. Plaintiff alleges on January 22, truck, on Route 34 in Cumberland County, 2002 he was parked, in a commercial bucket when the truck was struck from the rear by Defendant's automobile. Plaintiff alleges that at the time, the bucket was in the air and he was preforming work for his employer, Communications Construction Group. See Exhibit A, ¶~ 3-4, 8. 3. Plaintiff avers at the time of the incident, he was accompanied by a flag man who had set out orange cones and was directing traffic. See Exhibit A, ¶ 5. 4. Plaintiff further alleges that Defendant Shoemaker was negligent for "disregarding the signals of the flag man and the signs that had been properly placed on the roadway." See Exhibit A, ¶ 13. 5. A bench trial has been scheduled for December 15, 2004 at 9:30am before the Honorable Kevin A Hess. 6. Defendant files the instant motion respectfully requesting a continuance of the trial for a period of 120 days. The reasons for the requested continuance follow. i. recent discovery of companion lawsuit filed on behalf of Plaintiff 7. In Answer to Interrogatories, which were verified by Mr. Hope on 1/8/04, he was asked if he ever filed any other suit for personal injuries, to which he replied "no". See interrogatory and answer to interrogatory numbered 8 attached as Exhibit "B". 8. Within the past two weeks, the undersigned learned through a name search of Cumberland County Civil Actions that Plaintiff filed another suit in the Cumberland County of Common Pleas, arising from the same incident. The Complaint in that case was verified by Mr. Hope on December 18, 2003, and was filed on January 21, 2004, against Delta Labor Services, Inc. Plaintiff alleges that Delta supplied his employer with the laborer who was directing traffic at the time of Mr. Hope's accident. Plaintiff also alleges in the complaint that this accident "was caused by reason of the negligence and carelessness of Defendant Delta Labor Services" for inter alia, "providing conflicting and/or confusing signals to motorists on the roadway particularly Kathryn T. Shoemaker." A true and correct copy of the Complaint docketed at 04-269 Civil Term, is attached hereto as Exhibit "C." -2- 9. At no time did Plaintiff supplement his answers to Defendant Shoemaker's discovery to advise that the above described action was filed against Delta Labor Services, Inc., as required by the Rules of Procedure. See Pa.R.C.P. 4007.4(2)(a) and (b). 10. It is respectfully submitted the Plaintiff's allegations against Delta should be consolidated with this action, and, in any event, merit investigation, discovery and expert evaluation, all of which can be completed such that this case is trial ready within 120 days. 11. Contemporaneously with this motion, Defendant is filing a Motion to Consolidate the two actions for purposes of discovery and trial. ii. the undersiened counsel has lust assumed handlin~ of the case 12. Defendant's Counsel has only very recently assumed the handling of this file, having entered his appearance on or about November 12, 2004 and former counsel withdrawing her appearance on the same date. A true and correct copy of said entry and withdraw are attached as Exhibit "D". 13. Defendant's counsel has commenced his review of this extensive file and respectfully submits that the approximate month between the present and the December 15 trial date is an insufficient amount of time for him to become fully prepared for this trial. iii. Additional discovery is reauired 14. After reviewing the file, the undersigned believes and therefore avers that outstanding discovery questions must be resolved before this case is ready for trial. 15. The Defendant will be filing either contemporaneous with this motion, or immediately thereafter, a motion to strike objection to records subpoena and to compel more specific answers to written discovery. That motion fully sets forth the issues which involve Plaintiff's objections to written discovery, including Defendant's exception to Plaintiff's -3- statement that it is "unknown" what provider instructed Plaintiff to take insulin over the counter at the time of the incident and exception to Plaintiff's refusal to provide both the name and mailing address of even one medical care provider who treated him before the accident. 16. Defendant believes the discovery which is at issue is reasonably calculated to lead to the disclosure of relevant and admissible evidence, including evidence that might have a beating on Plaintiffs' earnings history, employment history, limitations at work before the incident as well as pre-existing injuries and/or conditions that might adversely impact Plaintiff's claims and/or may be necessary for Defendant's defense. 17. The defendant would expect to issue records subpoenas or authorizations for release of records on the providers who treated Mr. Hope before his accident and is prepared to enter into any reasonable confidentiality agreement relating to disclosure of those records to expedite their procurement, as long as same does not limit counsel's use of the records at trial, to the extent same are relevant and otherwise held admissible. 18. Defendant would also expect to provide the records of the providers who treated Mr. Hope before the incident to the IME physician retained by counsel. Provided the information and authorization needed to obtain the records is provided soon, and Plaintiff's providers respond promptly to the authorizations/subpoenas, the requested discovery can be completed such that this case is ready for trial in 120 days. 19. The deposition of the Delta flag man believed to be working with Mr. Hope, Edgar Statler, is currently scheduled for December 6, 2004. A true and correct copy of the Notice of Deposition for Mr. Statler is attached hereto as Exhibit "E". Depending upon the information obtained at that deposition, Defendant may need to purse other witnesses or expert witnesses, neither of which would be completed before December 15, 2004. -4- iv. defendant's oendin~ oretrial motions 20. In addition to the motion to consolidate and motion to compel discovery, contemporaneous with the filing of the instant motion, Defendant is also filing a Motion for a Jury Trial. Specifically, Defendant is requesting that this Honorable Court grant its request for a jury trial and list this matter for trial by jury to occur as close to 120 days from this date as practical 21. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(4), "the Judge to whom a motion has been assigned shall, thereafter, by order, schedule such briefing and argument as shall be deemed necessary." It is respectfully submitted that there may be insufficient time prior to the scheduled bench trial date for the court to evaluate thc arguments and defenses pertaining to the outstanding motions and this may be an additional reason why a continuance is needed. 22. No previous request for continuance has been requested by either party. 23. If thc Honorable Court grants this request for continuance, Plaintiff's case will be tried within approximately 18 months of the commencement of suit. WHEREFORE, it is respectfully requested that this Honorable Court grant Defendant's Motion for a Continuance and continue the trial in the above noted action for 120 days. Respectfully subrr~tted: POST'S HE? ,P.C. BY: :~R~fS~ GREG . , UIRE Attorney I.D. No. 56027 DATE: -5- THOM&S MOR:£BOlqDO, ESQUIRE AT?ORNBY lO. NO. 30306 1002 Robin OR£ve West Cheater, PA 19382 (610) 399-39G0 TRUE COPY FROM RECORO A'I'I'0RNEY FOR PT~INTIFF ./~ -"'----....~ /'~EXAN A. HOPE 49 Keystone Court ;,.Honey Brook, PA COURT OF COMMON PLEAS C~ERLAND COUNTY K~TI-]~YN T. SHOEMAKER 29 .Garden ~ Ca~Usle., PA 17013 CO~-- CIVIL ACTION ·o%~cal ~ 24 '~l~ 08:~2 Sep 22 03 09;O?a I..?laintiffBriau A. Hol~ is an aduR individual cuixeatiy residing at 49 Kmystone Court, Honey Brook, Peuusylvania 19344. '2, Defendant Kathryn T. Shoemaker is an adult individual resid/ng at 29 Garden Drive, Carlisle, Pennsylvania 17013 3. On or about 3anunry 22, 2002, at about 1.'-!5 p.m., Plaintlfl'Brinn A. Hope, in the torn'se and scope of his ~nployment with Communications ConsU'uciion C~oup, had driven a e~mmerdal boo, et truck to a location on Slate Route 34 (Spring Road) near 1660 Spring Road in North Middle/on Township, Cumbetlnmt County, Pennsylvania~ 4. ?laintiffwas one of several workmen who had driven work v~tlcles to that sec'lion of State Route 34 to perform repair and/or maintenance on the.eommunicafion~ 5. At ~he aforesaid date, time and place, PlahtiffBtinn A. Hope stopped. and · positioned his work truck so that.he would have aecess~ while elevated from the bucket, to Utility Pole No. 15813 and was accompanied by a flag man who had set out ~pptoximately six orange cones around the bucket truck and was directing traffic. 6. Signs had been placed in the roadway of State Route 34 lo indicate to motorists Ihat nleil were wofldn8 in the ar~a. 7. The strobe beacon lighls on the vehicle Plaintiffhnd driven were functional and operating at the aforesa/d date, time and place. SEP 24 '03 ~:32 PRGE. 03 S. At thc aforesaid date., time end placc,.Plaintiff Brian A. Hopc was =lcvatcd approximately tbirty re, ct in thc air ia the extended bucket of'the parked commercial bucket trm~k performing maintcn~nc~ on Utility ?olc No, 15813,. 9. At aforesaid date, time and place Defendant Shoemaker was operating her motor vehicle northbound on Stnt~ Rouu: 34 (Spring Road) in North Middleton Township, Pennsylvania, 10. At the aforesaid date, time and place, Defendant Shoemaker disregarded the signs on the roadway and signals of the flag man, ignored the.strobe beacon light and the orange cones that had been set out and proceeded 'forward carelessly, forcing the flag man to run aside, striking the rear of the commercial vehicle above which Plaintiffwas working. ! 1. As a rcsult of the impact, Phdntiffwas thrown backand forth insidv the clc~l bucket of thc truck, 12. The accident aforementioned was caused solely by reason of thc negligence and carelessness of'the Defendant Kathryn T. Shoemaker and wa~ duc in no manner whatso~er to. any act or failure to act on the part ofth¢ Ptainfiff, 13. The negligence of tire Defendant consisted of the following: (a) failure to take due note ofthe point and position upon the hishway of tho vehicle above which Plaintiffwas working; (b) fidlurc to have thc said' motor under proper and adequah: control at the time; SEP 24 ' 83 ~l: 32 PRGE. ~ highway; (¢) failure to obse~n~ and obey the traffic signals and cones set out upon the (d) failure to maintain a proper lookout; (e) failure to exercise reasonable care in operating her vehicle at the said time and place; (fJ Failure to mnk~ appropriate observations; (g) failure to avoid impact with the parked cemme~inl vehicle; (h) violating various laws of thc Commonwealth of Pcrmsylvania pertaining to thc operation of motor vehicle; (i) failing to apply brakes in time to avoid a collision; (j) f~ilure to operate her vehlclc in accordance with existing trafi]¢ · conditions and tra~c signs, signals and controls; (lc) disregarding the sigrmts of'thc flag man end the signs that had bccn ~ly placed on the roadway; (I) violating 75 Pa.C.S.A. §31 ! ! and §3326; (m) violating the Rules of the Road of the Commonwealth of Pennsylvania; (n) negligence per se; (o) operating her said vehicle while knowing and/or while she should have known of her incapacity to control the said vehicle and make appropriate observations; and SEP 24 ' 0~ 68: 33 PP~E, 85 (3) otherwise oi:~rating said ve. hicie in a ca. less and ncglise~t manner and in a ~ ~iolating ~he Motor Vehicle Code o£thc Commeuwealth or' Pennsylvania. 14, As a ~esult or'the aforemcntioned ~cidcut and the n .cgli{{cnce and carelcssmtess of Defendant, PlainfiffBrian A. Hope suffered severe injuries which include but arc not limited to herniated dlses at C3-4, C4-5 and C!i.4; traumatic exacerbation of cervical ,{portdyioti,: myelopathy; cervical strain and sprnin; radicular pain with neurologlc involvcment; post traumatic headachcs; injuries to his cervical thoracic and lumbosac~ ~inc, thek bones, cells, tissues, nerve, s, muscles and functions; inju,y to his dominnnt right shoulder alon8 with a superior labral tear and a SLAP lesion along with risht shoulder impingement; rotator cuff'tendinits; synovltis; shock and injury to his nerves and uervous system, some or all of which injuries, Ylaintifl'hes been advised, arc or may be pennane~ in nature. 15. As a result ortho accident aforementioned and the negligence and carelessness of Defendant, Plaintiff' Brian A, l.lope has undcrl{onu an anterior cervical · discectomy at C~-6; an anterior cervical fusion at C3 through C-6.with iliac crc.st sUuctural Ix)ne g~ait and anterior plate fixation; an anterior cervical cotquectomy at C4-$, alonfz with permanent and disfiguring scarring in thc throat as a result ofthe surgeries. Plaintiff ~unher (i~velopcd lateral femoral cutaneous nerve symptoms and ucurolo§ical dysfunction and erectile dysfunction following the bone harvesting procedure, which is and/or may be permanent in nature. PAGE. 0~ SEP 24 ' 03 BS: 33 ~¢ u~ o8=08a miJ~er insurance assoe ?l?a~3~S2 16. As a r~sutt of'he accident aforementioned and ~c ~ig~cc ~d d~6d~t of~e 1~ ~ ~d subacm~ d~omp~si~ ofh~ demur right 17. ~ a r~ult of~e a~id~t ~o~m~tioned ~d ~e ncglig~.~d ~e~e~ of ~f~ m~ ~iah, ~d thc ~ m his ~t &~t ~d I~. 18. ~el~ncn of~~g P~ntiff~ d~i~ of his ~ ~d earning capaci~, and he my or will c~ue to ~r su~ 1~ ~ dc~~ for ~ indefinite ~e in ~ ~ to his ~ d~m~t ~d 1~. 19. As a ~ult of&~ gcidmt afore~tion~ ~d t~ ncgligmcc ~d c~l~s orOefead~g Plainfiffh~ been unable to ~end to his as~ ~d d~ly duti~, a~miom ~ ~~n, ~ h~ suffe~ a I~ of~fe's pi~ ~d he my or will co~t~ to be ~f~ to ~tend to ~c s~e for ~ indefi~tc t~e in thc ~m~, to his ~ 20. ca~f~ess'0f ~md~t, Pl~miff~s be~ obliged m ~ la~ s~ of money for medi~ ~d m~i~t ~ ~a ~ment in an often m affc~ a ~g ~or ~t for SEP 24 ' 03 08: J3 PRGE. 07 03 09~Q91 mS~.~._~er tnsu~anoe a~goo q~?2.4324G2 his injuric~ and he may or will be obliged to coatinue to expend such sums of money, for thc same purposes~ for an indefinite time in the future, alt to his great detrhnent and Iow. 21. As.a result of thc ~ccident aforementioned end thc neglil~ence and carelessne, ss of the Defendant, Plaintiff has tmdcrgone surgical l~ocedurcz and resultant scarring, including an approximate 3½" scar on thb throat and a 2~" scar above his ri~t hip which are permanent and disfiguring end unsightly and Plaintiffmay in thc future undengo medical procedures in order to attempt to ellevint~ the sears and the unsightly 22. AS e result ofthe nccidcnt aforementioned and the negligence and care. lessncss of the Defendant, Plaintiff has suffered embarrassment and humiliation · which is c~mtinuing end may continue into the future, to his greet detriment'and loss. 23. As a resull of thc accidenl aforementioned and the negligence and carcl~.ssneea of~hc Defendant, Plaintiffhes been prescribed narcotic mcdicntions in an effort to relieve his pein end now has a plate end screws installed in his neck. which may need to be removed att further expense; has undergone ~vc physical end rehabilitative therapy and home exercise programs and is limited, in function end motion, which limitations ere expected to continue into the f~ture. 24. As e result of the accident atbmmentioned, Pleindffsusteincd lOSSes of tools and equipment ~at he used in his employment and claim is made for the feir ma~ke! value ofsn~d, tools end equipment SEP 2.4 ' 03 08:33 PRGE. 88 WI~P,~I:OR~ Plain~fl'cl~ms oJ~thc de~cndant herein a sum in excess Thousand Doilies, ~m~-~st, damages for d~lay and costs. Attorney for ~;EP 24 ' ' 03 I~: :34 ~ ~c ~ o~;uua mi~]er insurance asso~ p, lO BRIAN HOPE , hereby states he is the Plaintiff in this action, and verifies that the statements made in the forego£~g Civil Action-Complaint are true 'and correct to the best of h~$ knowledge, i~formation and belie~. The undersigned understands that the statements there/n are mane subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SEP 24 '03 88:34 PAGE. 10 8. Have you ever filed suit and/or claim(s) (beside this one) for any personal injury?. If so, state for each such suit: judgment. ho The date of filing and the name and location of the Court; The present status of the suit; and If concluded, the final result, including the amount of any settlement or -10- while she was sensitive to light due to cataracts and was not wearing sunglasses and decided to take a route to a supermarket after having been advised that road work was being performed on that section of the road. Further information will be provided. Will be supplied. None have been identified with certainty at present. Plaintiff will seasonably update this answer. See medical and vocational reports which have been provided, along with CV of Jasen Walker. 10. 11. 12. 13. 14. 15. None have been identified as yet. See police report for identities of witnesses and investigating officer; see documents from Delta Labor regarding flagging. Further information will be provided. No See vocational report of Jasen Walker and tax returns, which have been provided. I have received and am currently receiving workers' compensation benefits based upon an average weekly wage of $813.63. Plaintiff has previously supplied workers' compensation lien information. As of August 7, 2003, that lien was comprised of $41,752.62 of indemnity benefits and $60,640.90 in medical benefits. See August 18, 2003 letter to James Hammel of Kemper Insurance Company. Further information will be provided. See No. 10 above. supplied. Further information will be See No. 9 and No. 10 above. be supplied. Further information will No I provided information to the investigating police officer and I did speak with co-employees and flagger at the scene. 16. No. THOMAS MORmONDO, F. sQum]~ ATTORNEY LD. No~ 30306 1002 Robin Drive West Ches,er, PA 19382 BRIAN A. HOPE 49 Key~ne Court Honeybrook, PA 19344 VS. Attorno' for Plaintiff COURT OF COMMON PLEAS ''~ DELTA LABOR SERVICES, INC. 1000 Cop. shoho~keu Road Conshohocken, PA 19428 NO. COlVIPLAINT - CIVIL AcrION AVCO rdif ,,_ 4,. [ flv J ky tie pkkiM. YoM miy ioee mmly M YOU M~OULD TAKE THI PAPP. J~ TO YO4Jl~ ~ A? ~ IF Y(XJ DO liOT HAVE A LMVYER~ OO TO O411, llllMO A I.AV~(EA. II YOU GN~IOT ~ TO filRE A LAWYE~ W OPPl~ MAY BE AM.E TO INIOW~ YOU IMDI IIIqXIMATWN AIOUT AOEIK~a ?NAT Lle~ ~ TO BJet~ PBtlOM AT A If, EDOGED M M ~ ~ CIJ.II-'_m ~'l~ GCXMTY W A,BI~)QATION e, mM~ PA 1~1~ LI, LIVE EITA I]E/MiqlOA A UN Jl'10- Ino mllEmAT~ el NO 111M AIMADO O #iO11mE EL DIqB~ ~ DE PA(MR TAL IEIMGO, VAYA EN II'LqiOfl~ O UJUM, POR TB,BIONO A LA OFI(:IIA CUYA I)mIM:M)N Il INQUENTNA EICIUTA ABAJO PA~A A~MIIIMJAIt ~ ~E PUEDI COIII~OiLI,, 1. PlaintiffBdan A. Hope is an adult individual currently res/ding at 49 Keystone Court Honeybrook, Pennsylvania 19344. 2. Defendant Delta Labor Services, Inc. is a corporation organ~ and existing under the laws of the Commonwealth of Pennsylvania maintaining a place of business at 1000 Conshohocken Road, Conshohocken PA, who at all times relevant hereto regularly conducted business in Cumberland County, Pennsyl~ 3. At all times relevant hereto, Defendant Delta Labor Services, Inc. acted through its agents, servants and/or employees, and provided road flagging services for Communications Construction Group. 4. On or about January 22, 2002, at about 1:15 p.m., Plaintiff Brian A. Hope, in the course sad scope of his employment with Communications Consuuction Cu-oup, had driven a commercial bucket truck to a location on State Route 34 (Spring Road) near 1660 Spring Road in North Middleton Township, Cumberland County, Pennsylvania. 5. Plaintiff was one of several workmen who had driven work vehicles to that section of State Route 34 to perform repair and/or maintenance on the telecommunications system. 6. At the aforesaid date, time and place, Plaintiff Brian A. Hope stopped and positioned his work lruck so that he would have access, while elevated from its bucket, to Utility Pole No. 15813. 7. At thc aforesaid date, time and place, Plaintiff Brian Hope was accompanied by a flagman who was an agent, servant and/or employee of Defendant Delta Labor Services, Inc. 8. At the aforesaid date, time and place, PlaintiffBrian A. Hopo was elmmed approximately thirty feet in the air in thc extended bucket of the parked commerci~ buok~ m~ performing mainttmmoe on Utility Pole No. 15813. 9. At aforesaid dat~, time and place Kathryn T. Shoemaker was operating a motor vehicle northbound on Stat~ Rou~ 34 (Spring Road) in North Middle, on Township, Pennsylvania 10. At the aforesaid dst~, time and place, I~fendant D~lta Labor Services, Inc., by and through its agents, servants and/or employe~ negliggnfly and c~arel~ssly fail~ to direct traffic and provide proper flagging signals to traffic, particularly to Kathryn T. Shoemaker. 11. At tl~ aforesaid date, time and plaoe, ~ T. $hoem,~ker, while prooe~ling northbound on State Rout~ 34 in North MiddlW~on Township, Pennsylvania, struck the rear of the commercial v~igle above which Plaintiff was working. 12. As a result of the impa~ Plaintiff was thrown back and forth inside th~ elevated bucket of the truck. 13. The a~ident aforementioned was caused by reason ofthe negligenoe and carel~s.mess of l)~f~ndant D~lta Labor Services, Inc. acting by and through their agents, servsnts and/or employees snd w~ due in no mariner whatsoever ~o act or failure to act on the part of Plaintiff. 14. The negligence of De~adant Ddta Labor Services, Inc., by and through its agents, servants and/or employees, consisted of tho following: (a) providing insufficient flaSmen to direct traffic; (b) insufficiently sta~ng the said flagging job; (e) failing to properly direct mtffie and signal to motorists; (d) providing inadequate training ired proeedures to sst'ely dire~t tr~e and safely ting traffic at the aforesaid date, time and place; (e) being inattentive to traffic and traffic conditions; (f) negligence per se; (g) violating statutes nnd rel~ions of the Commonwealth of'Pennsylvania nnd violating the requirements of'the Pennsylvania Code; (h) providing conflicting and/or eonfusinl~ sig~_~l_s to motorists on the rosdw~ particularly Kntht~ T. 81toemaker, (i) being otherwise careless or negligent. 15. As a result of the a~oremenfioned accident and the negligence and carelessness of~dant, PlaintiffBrian A. Hop~ suffered severe injuries which include but sre not limited to herniated dise, s at (234, (24-5 nnd C$4; traumatic exacerbation of cervical spondylotie rayelopathy, cervical strain and sprain; radieular pain with neurolol~¢ involvement; post traumatic headaches; injuries to his cervical, thoracic nnd lumbosacral spine, ~eir bones, cells, tissues, nerves, muscles and functions; injury to his dominant right shoulder along with a superior labral tear and a SLAP lesion alon~ with right shoulder impingement; rotator cufftendinits; synovitis; shock and injury to his nerves and nervous system, some or all of which injuries, Plaintiff has been advised, are or may be permanent in nature. 16. As a result of the a~ident aforementioned and lbo ne$lige~ce and earelossness of Defendant, Plaintiff'Brian A. Hope has under~one an nnl~ior cervical discectomy at C~-6; an anterior cervical fusion at C3 through C-6 with iliac crest structural bone lpaR and anterior plate fixation; an anterior cervical corpectomy at C4-$, alon~ with permanent and disfigu~ scarrin~ in the throat as a result of the surgeries. Plaintiff further developed lateral femoral cutaneous nerve symptoms and neurological dysfunction and erectile dysfunction following the bone harvesting procedu~, which is and/or may be permanent in nature. 17. As a result of the accident aforementioned and the ne~il~ce and carelessness of Defendant, Plaintiff Brian Hope has under$on~ an arthroscopi¢ dobrid~ment ofth~ iabral tear and subacromial decompression of his dominant right shoulder, along with ~ attemiaat to the sm~S~3r. 18. As a r-,suit of the accident aforementioned and. the neBligence and carelessness of Defendant, Plaintiff has undergone great physical pain, suffering and mental ansu~ and he may or will continue to endure the same for an indefinite time in the fu~. e, to his great detriment and loss. 19. As a result of the aooident aforementioned and the ne~gence and carelessness of Defendant, Plaintiffhns suffered a loss of earnings and loss and depreciation of his earnings and earning capacity, and he may or will continue to suffer such loss and depreciation for an indefinite time in the future, to his great deviment and loss. 20. As a result of the accident aforementioned and the neg, lil~tce and carelessness of Defondant, Plaintiff has been unable to attend to his usual and daily duties, avocations and occupation, and has suffered a loss of life's pleasures and ho may or will continue to be unable to attend to the same for an indefinite time in the future, to his great detriment and loss. 21. As a result of the accident aforementioned and the negligence and carelesmess of Defendant, Plaintiffhas been obliged to expend ~ sums of money for medicines and medical care and treatment in an effort to effect a cure and/or treatment for his injuries and he may or will b~ oblil~ed to continue to expend such sums of money, for the same 'purposes, for an indefinite time in the future, all to his great detriment and loss. 22. As a result of the a~oident aforementioned and the negligeoee and carelessness of the Defendant, Plaintiff has undergone surgical procedures and resultant se, arrinl~ includin~ scars on and near his fight shoulder', an npproxirnate 3½" sear on this throat and a 2½" sear above his right hip which are permanent and disfiguring and unsightly and Plaintiff may in the future undergo medical procedures in order to attempt to alleviate the sears and the unsightly appearance. 23. As a result of the accident aforementioned and the negligence and cnmlessness of the Defendant, Piaintiffhas suffered embarrassment and humiliation which is continuing and nmy continue into the future, to his great detriment and loss. 24. As a result of the ~e~ident aforementioned and the neF, iig~nee and carelessness of the Defendant, Plaintiff has been preached narcotic mediations in an effort to relieve his pain and now has a plate and sc~'ews installed in his no~k, which may need to be removed at further expense; hns undergone extensive physical and rehabilitative therapy and home exer~i~ programs and is limited in fonetion and motion, which limitations are ~ to continue into the future. 25. As a result of the a~ident aforementioned, Plaintiff sustained losse~ of tools and equipment that he used in his employment and claim/s made for the ~ market value of said tools and equipment WHEREFORE, Plaintiff¢laims of tho defendant herein a sum in excess ofF/fly Thousand Dollars, interest, demases for delby and costs. / THOMA~ MORIBONDO, F.~QUIRE- Attorney for Plaintiff' VERIFICATION Brian A. Hope , hereby states he is the Plaintiff in this action, and verifies that the statements made in the foregoing Civil Act~on~Complaint are true and correct 2o the best of h tS knowledge, iUfo~mat~on and be1~ef. The undersigned understands that the statements therein are made subject to the penalties o£ 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dates BRIAN A. HOPE POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D.//:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Vo ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, NO: 03-4891 KATHRYN T. SHOEMAKER Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Kathryn T. Shoemaker, in the above- captioned matter. POST & SCHELL, P.C. By: Laura H. Scheft Attorney for Defendant CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: SANDRA MORALES -2- POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 03-4891 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Laura H. Scheft on behalf of Defendant Kathryn T. Shoemaker, in the above-captioned matter. By: ~ Laura H. Scheff ENTRY OF APPEARANCE Please enter the appearance of Gregory S. Hirtzd on behalf of Defendant Katlu'yn T. Shoemaker in the above-referenced matter. BY: GREGORn/' S?IlIRTZEL, ESQIBIR Attorney I.D. No. 56027 DATE: CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 BY: 'GRI~(Sq~Y S. HIRTZEL, E- -~'~F SQUIRE Attorney I.D. No. 56027 DATE: -2- POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #: 56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, ¥. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03o4891 TO: NOTICE OF DEPOSITION Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 PLEASE TAKE NOTICE, pursuant to Rule 4007 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that the deposition of wimess, Edgar Statler, will be taken for the purpose of discovery and for use at trial on December 6, 2004 beginning at 2:30 o'clock p.m. at the office of Post & Schell, P.C., 1857 William Penn Way, Lancaster, Pennsylvania before a certified court reporter. The persons to be deposed are directed to bring any and all documents that are relevant to the above-captioned case to the deposition. Dated: November 12, 2004 POST & SCHELL, P.C. By: Gregory S. Hirtzel Attorney for Defendant Notice directed to and served by first class mail to the following: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 Hughes Albright Foltz & Natale Reporting Service, Inc. Court Reporting 2080 Linglestown Road Suite 103 Harrisburg, PA 17110 -2- CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: BY: POST & SCH~LL, P.C. G S. HIRTZ SQUIRE Attoff_ey I.D. No. 56027 BRIAN A. HOPE, Plaintiff VS. KATHRYN T. SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-4891 : : : ENTRY OF APPEARANCE AS LocAL COUNSEL Dear Sir: I hereby enter my appearance as l°6a.~ counsel, in conjunction with Thomas Moribondo, Esquire, Date: November 15, 2004 in the above refereed case. h Supreme Court I.D. %193~3 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 CC: Thomas Moribondo, Esquire Attorney for Plaintiff Gregory Hirtzel, Esquire Post & Schell Attorney for Defendant BRIAN A. HOPE, Plaintiff VS. KATHRYN T. SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-4891 : : : ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as 16~a.~ counsel, in conjunction with Thomas Moribondo, Esquire, in the above refereed case. har Supreme Court I.D. 3S East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 cc: Thomas Moribondo, Esquire Attorney for Plaintiff Gregory Hirtzel, Esquire Post & Schell Attorney for Defendant POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, Vo KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 03-4891 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Laura H. Scheft on behalf of Defendant Kathryn T. Shoemaker, in the above-captioned matter.By: ~L~ ~ Lfg~LauraH. Scheff ENTRY OF APPEARANCE Please enter the appearance of Gregory S. Hirtzel on behalf of Defendant Kathryn T. Shoemaker in the above-referenced matter. BY: GREGORY S:.'-IiJRTZEL, ESQ~EIIRE Attorney I.D. No. 56027 DATE: I i /lO~lO~ CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 BY: POST &~qCHELL, P.C./ EL, ESQU--' / Attorney I.D. No. 56027 DATE: -2- BRIAN A. HOPE, Plaintiff VS. KATHRYN T. SHOEMAKER, Defendant IN THE COURT O17 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4891 CIVIL CIVIL ACTION - [.AW IN RE: DEFENDANT'S MOTION FOR LEAVE TO FILE JURY DEMAND ORDER AND NOW, this 1 ~ ' day of November, 2004, argument on the within motion for leave to file jury demand is set for Wednesday, December 1, 2004, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~-~homas Moribondo, Esquire For the Plaintiff ,~regory S. Hirtzel, Esquire For the Defendant :rlm Hess, J. NOV POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAY i P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Vo Plaintiff, KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-48'91 ORDER AND NOW, this __ day of ,2004 upon consideration of the Motion for Leave to File Jury Demand of Defendant Kathryn T. Shoemaker, it is hereby ORDERED and DECREED that said Motion is GRANTED. Defendant shall have five (5) days leave to demand a jury trial in this action with the case to be listed for trial as close to one hundred and twenty days(120) from the date of the Order granting such leave as is practical. POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 DEFENDANT'S MOTION FOR LEAVE TO FILE A JURY TRIAL DEMAND Defendant, Kathryn Shoemaker, by and through her attorneys, Post & Schell, P.C. hereby files the instant Motion for Leave to File a Jury Trial Demand, and in support thereof, avers as follows: 1. Plaintiff, Brian A. Hope, filed a Complaint in this Honorable Court on September 17, 2003 against Defendant Kathryn Shoemaker alleging personal injuries from an incident that occurred on January 22, 2002. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "A." 2. On or about October 2, 2003, Laura H. Scheff, Esq. entered an Appearance and subsequently filed an Answer with New Matter on behalf of Ms. Shoemaker. A true and correct copy of Ms. Scheff's Entry of Appearance attached as Exhibit "B" and a copy of Defendant's Answer is attached as Exhibit "C 3. The undersigned entered his appearance and Ms. Scheff withdrew her appearance on or about November 12, 2004. To this point, a jury trial has not been demanded on behalf of Defendant, who through the undersigned counsel, respectfully now brings the within request for jury trial on behalf of Defendant before this Honorable Court. 4. As this Court is well aware, Article 1, Section 6 of the Pennsylvania Constitution and 42 Pa.C.S.A. § 5104 grants the right to a jury trial in civil actions. 5. Pennsylvania Rule of Civil Procedure 1007.1(a) states: "In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial and not later than twenty days at.~er service of the last permissible pleading. The demand shall be made by endorsement on a pleading or by a separate writing." 6. Although a party who fails to follow the proper method for demanding a jury trial "waives" his right to a jury trial under the above rule, our court~5 have held that a late demand for a jury trial may be granted by the trial court in its sound discretion. See eg. Dauphin Deposit Bank & Trust Co. v. Pifer, 556 A.2d 904 (Pa. 1988) and that the Rules of Procedure cannot "be accorded the status of substantive objectives requiring rigid adherence." Lewis v. Erie Insurance Exchange, 281 Pa. Super. 193, 199, 421 A.2d 1214, 1217 (1980). 7. In Dauphin Deposit, supra., the Court granted the appellee's oral request for a jury trial where the request was nine months after the close of pernfissible pleadings and the request was made at the pretrial conference. 8. The Supreme Court held that Rule 1007.1 does not explicitly bar a trial court from allowing an untimely jury demand. Additionally the Court noted that only a strict construction would require a finding that the rules' requirements were mandatory in nature allowing for no exception and that such a construction is generally refuted by the principles of Pa.R.C.P. 126 (Liberal Construction and Application of Rules). Id. at 906. 9. Additionally, in Silviotti v. Linder, 60 Pa. D. & C.4th 375 (Northampton Co. 2003), the Court of Common Pleas for Northampton County granted the plaintiff's late request -2- for a jury trial where plaintiff's prior counsel did not request a jury trial, despite plaintiff's request that they do so. 10. Further, in ruling on late jury trial requests, the courts of this Commonwealth have noted that there is "no inherent prejudice in proceeding to trial by jury as opposed to trial before a judge...and...considerations of prejudice to the other side play no part in enforcing a waiver of a jury trial where the provisions of Rule 1007.1(~0 have not been met." Dauphin Deposit, supra at 906. 11. As indicated above, the right to a jury trial is afforded great protection, and the rules regarding waiver of jury trial demands are to be viewed, with flexibility. In light of the Court's discretion to grant a belated jury trial demand, and because there is no prejudice to the opposing party, as a matter of law, in having his claims presented to a jury, it is respectfully requested that this Honorable Court grant Defendant's Motion and grant her leave to file a jury trial demand. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order granting Defendant five (5) days leave to demand a jury trial in this action with the case to be tried as close to one hundred and twenty days (120) from the date of the Order granting such leave, as is practical. DATE: BY: Respectfully su! mitted: POST & ~;CH LL, P.C. GRI~ ;~)RY ~. Hn~TZEL,~S~UIRE Attor ey I.D. No. 56027 -3- ATI'ON~g~ ID. NO. 30306 10Q2 Robin DR~ve. ~est cheetah. P~ 19382 (610)'399-3900 TRUE COPY FROM REOORO m.Tu~tm~t¥ ~ered, I tlm'~ u~to.~ my. ~ ATTORNEY FOR PI.,AI~TIFF COURT OF COMMON PLEAS CUIVIBERLAND COUNTY (~/t?l 1&14't 14 ~ 24 'G~ G8:~2 2~ 03 1..PlaiotiffBriaa A. Hope is an aduR individual cum,'ntly residin~ at49 Kw/stone Court, Hon~y Brook, Pennsylvania 19344. 2. Del'cndant Kmthryn T. Shoemaker is an adult individual residing a! 29 Garden Drive, Cad/de, Pennsylvania 17013 3. On or about January 22, 2002, at nbont !:i5 p.m., PlaindffBrian A. Hope, in thc course and scope of his umploymcnt with Communi~ticm Construction Group, had driven a eornm=dal bucket ~ to a Io~ation on State Roul~e 34 (Spring Road) near 1660 Spring Road in North Middleton Township, Cumberland County, Pennsylvania~ 4. Phintiffw~ one ofsevmd workmen who had d&,~n wo~k v~icles to that secti~ of State Route 34 to perform u:pair and/or maintenane~ on the eommunicaliom 5. At 1he aforesaid date, time and place, PlahtiffB~ian A, Hope stopped and po~itioned his work truck so that.he would have access; whil[e el~,"vatcd from the bucket, ~o Utility Pole No. 15B13 and was accompanied by a flag hum who had set out approximately six enrage genes around thc ba~ct truck and was directing Iraffio. 6. Sigm had been plated in the roadway of State Rm~t¢ 34 to indicat~ to motot'ists that men wet~ wo~ in the area. 7. The attobe beacon lighls on the vehicle Plaintiffhnd driven were funetlonai and opemtng at the afotua/d date, time and prate. SEP 24 'l&3 B8:32 8. At the aforesaid date, time and place,.PlaintlffBrl~9 A. Hope was e, Jcvatcd approximat~ty ~htt~y f~ in th~ air in the extended bucket or,he parked commercial bucket ~uuk performing maintnmnce on Utility Pole No. 15813.. 9. At Itfore~d date, time and place 13efendant Shoemaker was operating her motor vehicle northbound on State Route 34 (Sprins Road) in North Middleton 'Township, Pennsylvania. 10. At the af'or~saM dat~ t~me and place, Det'endant ,~oenmker disregarded the signs on the roadway md signals ofthe finS man, ignored the strobe beacon light md lite onnge cones that had been set out and proceeded'forward cm~elessly, for~ing the flag man to run aside, strikin$ the tear ortho oommccciai vehicle above which Pla~ntitfwas wodting. i I. As a result of the impact, Plaintiff was thrown back and forth inside the city. ed blinker of thc truck. 12. The accident aforem~ntionad was caused solely by mason of the negligence end camlesSnen ofthe Def~d~ K~tluTn T. Shoemekcr ~nd was dt~ in no manner whatsoever to. troy ~t or fbilum to act on thc p~ ofthc Phinl~i~ 13. The ne~lisence of'the Defendan~ consisted ofth~ tbllowin~: (a) ~iure to t~ke due not~ ofthe potn~ end posi~m upoa the highway of the vehicle above wh[e.h Plaintiff was workiuF,; fo) failure to have ibc said motor under proper and adequate control at the SEP 24 '03 B8:~2 (c) ~iure to observe and obey the traffic signals and cones set out upon the '(d) failure to nmin~n a proper lookout; (e) failure to exercise reasonable care in operating her vehicle at the said time and place, (f) ~lure to mak~ approixiat¢ observations; (~ ~[ure to avoid Jmpmct with th~ parked cmmnet*cial vehicle; 0t) viotating Mwious laws of'thc Commonwealth ot'Pennsylvsmia pertain|ns to the operation ofmotw Vehiol~; (i) fi~ilin8 to apply brakcs in tlmc to avoid a Goll~on; (j) failure to operate her vehicle in accordance with exLqting trafl3c · conditions smd traffic sians, signals and controls; (k) disregardin8 lite sigmds of'thc flag man and ~e siSns that had been pro~ placed on (I) viohtiu~ 75 Pa.C.S.A. §31 t ! and §3326; (m) violating die Rules oF the Road of the Commonwealth of'Pennsylvania; (n) ne~ligmce per se; (o) operatins he~ said vehicle while knowing and/or while she should Imve known of her incapacity to control the said vehicle smd make appropriate obsetvutlom; and 7172~4G~ P.6 (P) oth~rwis~ oP~,~ing said v~icl~ in a ca~le...~ and ,eglig~t m~ a~ but ~ o~ li~t~ to h~l~ dls~ a( C3-4, C~ ~d C~; t~uma~o e~ati~ of 15. As & result or'the accident at'oranendoned and dm negligence amJ Tlessness o~'Def'eadant, Pia~ntifr Brian A. ltope has undeq[onc an antarior cervical .d~cectomy a~ C5-6; aa a~tadm' cewical I~ion at C3 lim)u~ C-6.wlth lilac structm~ bone graft and anfedor plate ~,ation; an anterior catv/cai ~omy al C4-$, developad l~te~,l remo~.! cut~Ou~ nerve symptoms and ~eurological . dYsl~on and erectile dY~uactio~ l'ollowi~ the bo~¢/m'vasdn~ procedure, which is ~nd/or nmy be J~mument in nalum. 16. As a result of~ acddnt afo~emention~l and ~ ~i~n~c ~d ~Jesm~ of ~~ P~ti~ BHm H~ h~ ~ne n ~~ d~~ of~ 1~ ~ ~d su~d d~~i~.ofhb ~t risht ~~ of~f~ P~n~ff~ once ~at phyuic~ ~ suff~n~ md the ~ ~ his ~ ~t ~d I~. 18. ~ a ~t of~ ~id~t a~cnti~cd ~d ~e nc~itm~ ~ d~~ of his ~ ~d e~in5 ~i~, and ~ ~ or will c~ue to ~r ~ 1~ ~ ~t~ for ~ hdefmie ~e in ~ ~ ~ his ~ ~~ ~ 19. ~ a ~ult of~e ~idmt ~or~ti~ ~d l~ nesligmce ~d c~m o~Defe~k Plainfiffh~ ~ ~able to auld to h~ a~ ~d d~ ~ will co~ to ~ ~le ~ ~tcnd fo ~c s~e for ~ ind~te time in the ~, to 20. ~ a ~su~ o[~c ~i~t a[o~tion~ ~d ~ :~ig~ ~d sEP 24 his injuries nnd he rn~ of will be obliged 1~ continue to expend sue, h sums ofmonu, y, for the nme purposos~ for n indefinite time in thc fu~,'~, sit to his put dolrhnent and loss. :?.1, As. n result of the uecicfcnt aforementioned and ~ nelllt~ence and carelessn~qs of the Defendant, Plaintiffhos undergone sursical procedurcs and resultnn! scarfing, includin8 an appro~te ~3½" scm' on thi~ throat und a 2%" scar abo~ his hip which are l~bdnent and disfij~Jri~ and unsightly and Phintiffmny in tl~ unde!g, o medical procedul~ in order to attempt to alleviate Ih, scarf and the unsightly apparent. 22. As a result of the accident aforementioned and tho nesligeecc and q:areleune~s of the Defendnnt, Plaintiff has sulTered embarramiment and Immiliation · whioh is ccmtinuin$ and ttmy continue into the future, to his g~utl dtlri,'mettt'and loss. 23. As a t~suil of the ar. eident aforementioned and the negligence and co~eleu~e, or,he Defendant, Plnintiffhm been prescribed narcotic mediations in an effbrt to relieve his pain nd now ha.q a plate and screws instal]~od in his necig which may need to be removed at further expend; has undcrgbne ~vo physical relmbflitativ~ lhetlpy mai Ilom~ ax~jsc p'.mgrtms md is limited, in function md motion, 24. As a result of the accident afor~u~ntioned, Piaintiffsumi~d losses of tools and equipment that he used in his employment and claim is rna~ for the fait' value of sabot tools and equipment. ) WHBRi~FORF~ Plaintiffclaims of the defendant heroin a sum in excoss of Pif~y Boilers, interest, dmugcs for delay and c°sts. THbMAg MOR1BONDO, ~SQLORE Attorney for Plaiotiff SEP 24 ' Er'J OEl: 34 I~.10 ~O~90~q Civil Action-Complaint are t~e and co~ect to the best o~ ~ beli~. The un~e~siqned unde~sta~s ~at the state~n~ 2~re~ a~e ma~e .ub~t ~o ~e penalties o~ 18 Pa. c.s. Section 4904 relating to uns~n ~a~s~ca~on t~ authorities. SEP 24 '8'3 POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Vo Plaintiff, KATHRYN T. SHOEMAKER Defendant. ATTOI~qEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, I~tthryn T. Shoemaker, in the above. captioned matter. POST & SCHEI,L, P.C. By: Laura H. Scheft Attorney for Defendant CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: SANDRA MORALES -2- POST & $CHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBEKLAND COUNTY NO: 03-4891 ANSWER WITH NEW MATTER OF DEFENDANT 1. Denied. After reasonable investigation, Defendant is without knowledge o~ information sufficient to form a belief as to the truth of the averments in this paragraph and strict proof thereof is demanded. 2. Admitted. 3. - 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the aw~rments in this paragraph and strict proof thereof is demanded. 9. Admitted. 10. Denied. All averments of negligence against Defendant are denied. 11. To the extent that this averment is not a conclusion of law to which no answer is required, it is denied. After reasonable investigation, Deibndant is without knowledge or -2- information sufficient to form a belief as to the truth of the averments in this paragraph and strict proof thereof is demanded. 12. Denied as a conclusion of law to which no answer is required. 13. This paragraph contains conclusions of law to wl~ch no answer is required. To the extent it is deemed that a response to this paragraph is required, Defendant denies all allegations of negligence and denies liability to Plaintiff for the claims alleged. 14. - 24. Denied as conclusions of law to which no responsive pleading is required. To the extent that the averments are factual averments which may be deemed to require a response, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of the averments in this paragraph and ,,~trict proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor and against Plaintifftogether with such other relief as the Court deems just and appropriate. NEW MATTER 25. Plaintiff's claims are barred by the applicable statute of limitations. 26. Plaintiff's claims for past and future medical expenses are limited to the sums received in satisfaction of thc bills for services rendered, not the mount of the bills themselves. 27. Plaintiff's claims are barred and/or limited by the doctrine of release, sctoff and/or accord and satisfaction to the extent any agreements, releases or settlements entered into by ' Plainfiffwith any other person which relate to or arise from the incident complained of. 28. Plaintiff's claims are barred to the extent it is established the Plaintiff has failed to mitigate his damages. -3- 29. Defendant expressly reserves and preserves those affirmative defenses which need not be expressly pled under the Rules of Civil Procedure, including assumption of risk and I comparative negligence. 30. Plaintiff has failed to state a cause of action upon which relief can be granted. 31. Any acts or omissions of Defendant were not substantial causes or factors of the subject incident and/or did not result in the damages alleged by the Plaintiff. 32. Plaintiff's claims are barred to the extent it is em~blished that Plaintiff has failed to join an indispensable party. 33. Plaintiff's claims are barred to the extent it iis established that there was an intervening or supereeding cause of the condition complained of and/or his injuries. 34. Any claims for injuries and damages Plaintiff has allegedly suffered may be limited or ban'ed by the Pennsylvania Motor Vehicle Responsibility Law. POST & SCHEI,L, P.C. -4- Re: Hope v. Shoemaker VERIFICATION I, Kathryn T. Shoemaker, hereby verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements thereto are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unswom falsification ~to authorities. DATE: -5- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: SANDRA MORALES -6- CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 POST & SCHELi P.C. BY: G S. HIRTZEL, Attorl~y I.D. No. 56027 DATE: BRIAN A. HOPE, Plaimiff VS. KATHRYN T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4891 CIVIL CIVIL ACTION - LAW IN RE: DEFENDANT'S MOTION FOR A CONTINUANCE ORDER AND NOW, this day of November, 2004, argument on the within motion for a continuance is set for Wednesday, December 1,. 2004, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, t~omas Moribondo, Esquire For the Plaintiff O;~tegory S. Hirtzel, Esquire For the Defendant :rlm Hess, J. POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, Vo KATHRYN T. SHOEMAKER Defendant. NOV 1 7 2004 ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 ORDER AND NOW, this day of , 2004 upon consideration of Defendant's Motion for a Continuance of the December 15, 2004 thai, it is hereby ORDERED and DECREED that said Motion is GRANTED. The trial in the above-noted action shall be continued for 120 days from the original trial date. Jo POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAX/ P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTOP~4'EYS FOR DEFENDANT COURT O'F COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 DEFENDANT'S MOTION FOR CONTINUANCE OF DECEMBER 15~ 2004 TRIAL Defendant, Kathryn Shoemaker, by and through her attomeys, Post & Schell, P.C. respectfully file the instant Motion for Continuance, and in support thereof, aver as follows: 1. Plaintiff, Brian A. Hope, filed a Complaint in Cumberland County on September 17, 2003 against Defendant Kathryn Shoemaker for personal injuries allegedly suffered by the Plaintiff. A true and correct copy of Plaintiff's Complaint, docketed at 03-4391 Civil Term, is attached hereto as Exhibit "A." 2. Plaintiff alleges on January 22, 2002 he was ;parked, in a commercial bucket truck, on Route 34 in Cumberland County, when the truck was struck from the rear by Defendant's automobile. Plaintiff alleges that at the time, the bucket was in the air and he was preforming work for his employer, Communications Construction Group. See Exhibit A, ~ 3-4, 8. 3. Plaintiff avers at the time of the incident, he was accompanied by a flag man who had set out orange cones and was directing traffic. See Exhibit A, ¶ 5. 4. Plaintiff further alleges that Defendant Shoemaker was negligent for "disregarding the signals of the flag man and the signs that had been properly placed on the roadway." See Exhibit A, ¶ 13. 5. A bench trial has been scheduled for December 15, 2004 at 9:30am before the Honorable Kevin A Hess. 6. Defendant files the instant motion respectfully requesting a continuance of the trial for a period of 120 days. The reasons for the requested continuance follow. i. recent discovery, of companion lawsuit filed on behalf of Plaintiff 7. In Answer to Interrogatories, which were verified by Mr. Hope on 1/8/04, he was asked if he ever filed any other suit for personal injuries, to which he replied "no". See interrogatory and answer to interrogatory numbered 8 attached as Exhibit "B". 8. Within the past two weeks, thc undersigned learned through a name search of Cumberland County Civil Actions that Plaintiff filed another suit in thc Cumberland County of Common Pleas, arising from the same incident. The Complaint in that case was verified by Mr. Hope on December 18, 2003, and was filed on January 21, 2004, against Delta Labor Services, Inc. Plaintiff alleges that Delta supplied his employer with the laborer who was directing traffic at the time of Mr. Hope's accident. Plaintiff also alleges in the complaint that this accident "was caused by reason of the negligence and carelessness of Defendant Delta Labor Services" for inter alia, "providing conflicting and/or confusing signals to motorists on the roadway particularly Kathryn T. Shoemaker." A true and correct copy of the Complaint docketed at 04-269 Civil Term, is attached hereto as Exhibit "C." -2- 9. At no time did Plaintiff supplement his answers to Defendant Shoemaker's discovery to advise that the above described action was filed against Delta Labor Services, Inc., as required by the Rules of Procedure. See Pa.R.C.P. 4007.4(2)(a) and (b). 10. It is respectfully submitted the Plaintiff's allegations against Delta should be consolidated with this action, and, in any event, merit investigation, discovery and expert evaluation, all of which can be completed such that this case is trial ready within 120 days. 11. Contemporaneously with this motion, Defendant is filing a Motion to Consolidate the two actions for purposes of discovery and trial. ii. the undersigned counsel has .lust assumed handling of the case 12. Defendant's Counsel has only very recently assumed the handling of this file, having entered his appearance on or about November 12, 2004 and former counsel withdrawing her appearance on the same date. A true and correct copy of said entry and withdraw are attached as Exhibit ~D". 13. Defendant's counsel has commenced his review of this extensive file and respectfully submits that the approximate month between the present and the December 15 trial date is an insufficient amount of time for him to become fully prepared for this trial. iii. Additional discovery, is required 14. After reviewing the file, the undersigned believes and therefore avers that outstanding discovery questions must be resolved before this case is ready for trial. 15. The Defendant will be filing either contemporaneous with this motion, or immediately thereafter, a motion to strike objection to records subpoena and to compel more specific answers to written discovery. That motion fully sets forth the issues which involve Plaintiff's objections to written discovery, including Defendant's exception to Plaintiff's -3- statement that it is "unknown" what provider instructed Plaintiff to take insulin over the counter at the time of the incident and exception to Plaintiff's refusal to provide both the name and mailing address of even one medical care provider who treated him before the accident. 16. Defendant believes the discovery which is at issue is reasonably calculated to lead to the disclosure of relevant and admissible evidence, including evidence that might have a bearing on Plaintiffs' earnings history, employment history,, limitations at work before the incident as well as pre-existing injuries and/or conditions that might adversely impact Plaintiff's claims and/or may be necessary for Defendant's defense. 17. The defendant would expect to issue records subpoenas or authorizations for release of records on the providers who treated Mr. Hope before his accident and is prepared to enter into any reasonable confidentiality agreement relating to disclosure of those records to expedite their procurement, as long as same does not limit counsel's use of the records at trial, to the extent same are relevant and otherwise held admissible. 18. Defendant would also expect to provide the records of the providers who treated Mr. Hope before the incident to the IME physician retained by counsel. Provided the information and authorization needed to obtain the records is provided soon, and Plaintiff's providers respond promptly to the authorizations/subpoenas, the requested discovery can be completed such that this case is ready for trial in 120 days. 19. The deposition of the Delta flag man believed to be working with Mr. Hope, Edgar Statler, is currently scheduled for December 6, 2004. A true and correct copy of the Notice of Deposition for Mr. Statler is attached hereto as Exhibit "E". Depending upon the information obtained at that deposition, Defendant may need to purse other witnesses or expert witnesses, neither of which would be completed before December 15, 2004. -4- iv. defendant's pending pretrial motions 20. In addition to the motion to consolidate and motion to compel discovery, contemporaneous with the filing of the instant motion, Defendant is also filing a Motion for a Jury Trial. Specifically, Defendant is requesting that this Honorable Court grant its request for a jury trial and list this matter for trial by jury to occur as close to 120 days from this date as practical 21. Pursuant to Cumberland County Rule of Civil Procedure 208.3(a)(4), "the Judge to whom a motion has been assigned shall, thereafter, by order, schedule such briefing and argument as shall be deemed necessary." It is respectfully submitted that there may be insufficient time prior to the scheduled bench trial date for the court to evaluate the arguments and defenses pertaining to the outstanding motions and this may be an additional reason why a continuance is needed. 22. No previous request for continuance has been requested by either party. 23. If the Honorable Court grants this request for continuance, Plaintiff's case will be tried within approximately 18 months of the commencement of suit. WHEREFORE, it is respectfully requested that this Honorable Court grant Defendant's Motion for a Continuance and continue the trial in the above noted action for 120 days. Respectfully subn t,tted: BY: ~-~ GREG~ ~'Y S. I-~TZEL, IRE Attom, I.D. No. 56027 DATE: -5- p.2 THOMAS ~ORZBONDO, E~QUZRE ATTORNBY Il). NO. 30306 1002 Robin DRive. Weak Chester, PA 193fl2 (610)'399-$900 TRUE COFY FROM RECORD m.Tasflmm~Y wl~e~, I here unte.soi ~ ~.o ATTORI~ FOR PLAINTIFF 'BRIAN A. HOPE 49 Keystone Court ;, Honey Bto~.k,. PA 193/f4 COURT OF COMMON PLF. AS CUMBERLAND COUNTY Y, ATtmYN T. SHOL Om Carlisle., PA 17013 CO~-- CIVIL ACTION &VZlO PRC,~. 02 22 {33 09~07a p.3 1..PlaintiffBrian A. Hope is an adult individual currently residing al 49 K~stone Court, Hont~j Brook, Pennsylvania 19344. '2. l)erendant Kathryn T. Shoemaker is an adult indi%4dual residing at 29 Garden Drive, C. aFlisle, Pennsylvania ] 7013 3. On or about ;Imuary 22, 2002, at about i:!:5 p.m., PlainttffBrJnn A. Hopr., in the comle and scope of his employment with Commuuicatlons Construction Group, had driven a oommm:ial bucket truck to a Ice,ion on Slate Route 34 (Spring Road) near 1660 Spd.ng Road in North Middleton Township, Cumba'ls,~d County, Pcnnsylvania~ 4. ?laifltiffwas on~ of several workmen who had driven work ¥~tlclcs to that section of Slate Route 34 to perform repair and/or maintenance on the communications 5. At the aforesaid date, time and place, PlainfiffBrian A. Hope stopped and · positioned his work truck so that.he would have access; while dcvatcd from the bucket, to Utility Pole No. 15813 and was accompanied bi, a flag rn,sa who had set out approximately six orange cones around ~he bucket track and was directing traffic. 6. Signs had been placed in the roadway of State Rotc 34 to indicate to motorists that men we~c workifl$ iu the area, 7. The strobe beacon lights on the vehicle Plalntiffhad driven were functional and operating at the aforesaid date, time and place. SEP 24 '03 88:2~. PP~. 03 $. At the aforess/d date, time sad pla~e, Plaintiff Bflm A. H~c w~ ~evat~ ~~ly ~i~ ~ in ~¢ ~r in ~e ~n~ bu~ of~e ~k~ c~ial bu~ ~ ~ng ~m~ on U~Ii~ Pole No. 15~13.. 9. ~ ~d ~e, ~e ~d place ~f~t Sho~ w~ opting h~ motor v~cl~ no.bound on ~m ~ue ~ (Spring Road) h~ No~ Middleton ' To.hip, P~l~ia. 10. ~ ~e ~o~aid ~ ~me ~d place, ~end~t ~~ disr~ ~e si~ ~ ~e ma~ ~d si~s of the fl~ ~n, i~o~d ~e:.s~ ~n ~ ~d ~e o~ ~ ~ ~d ~n s~ o~ ~ ~e~'fo~ ~l~sly, f~ing w~g. ~ bu~k~ of~e ~k, 12, ~e n~d~t a~tion~ w~ cnus~ solely ~, ~on of the n~i~ence ~d ~le~ss of~e ~d~t ~n T, ~er and ~ d~ wha~ to.~ act ~ ~lu~ to act ~ ~e p~ of~= 13. ~ ~ig~ee of~ ~f~d~t eonshted of~ {a) ~1~ to ~ d~ note of~e poht ~d posit~ ~on the ~ghw~ · e v~icle a~w whi~ Pl~u~ff~ wo~in~ ~) ~1~ lo ~ve ~ s~d'~ under pwp= m~ ad~ cont~l ~ &e time; SEP 24 ' ~3 B8: 32 PAGE. 84 failure to observe and obey th= irs. fflc signnts and coats set out upon the (d) failure to maintain a pmpe~ lookout; (e) failure to exercise reasonable oere in operadag her vehicle at the said time and place; (f) Failure to ~ epprolxiat¢ observafiom; (g) ~lure to avoid imp~t with ~ pad, ed comn~t, cia[ vehicle; (h) violating various laws of'the Commonwealth of Pennsylvania pertaining to thc operation of motor' vehicle; (i) failing to apply brakes in time to avoid n collL~ion; (j) failure to operate her vehicle in accordance with existing trnffic conditions trod traffic signs, signals and controls; 0c) disregarding the signats of thc flag mm and ~.e signs that had been IX'Ogerly placed on the roadway; (I) violating 75 Pa.C.S.A. §3ltl and §3326; (m) violating the Rules of the Road of the Commonwealth of Pennsylvanis; (n) negligence per se; (o) operating h~. said vehicle while knowing and/ct' while she should hnv~ known of her b~c~pacity to control the said vehicle and make appropriate observatiom; and SEP 24 ' 03 88:33 F¥~E. 05 (p) otherwise opcrating said vehiclc in a c~;less and ncF, lisent manner and in a mann~ violating the lViotor V'ehi¢lc Code of thc Corru~onwcalth 0f Pcrmsylvania. 14. As a result of the aforementioned accident and 'tho n .c~iigcnce and carelcss~less of Defendant, PlainfiffBrian A. Hope suffered severe injuries which include b~t are not limited to herniated discs at C3-4, C4-~ and C5.6; traumatic exacerbation of cervJe, al ,~pondylotic myclopathy; ccrvical strain and sprain; radicular pain with neurolo~c involvomcnt; post tnumatic beadaChcs; injuries to his ucrvical, thoracic and lumbosaoral spine, thcir bones, oclls, tissues, nerves, muscles and functions; in. jury to his dominant right shoulder alon8 v~th m superior labral tear and a SLAP lesion along with risht shoulder impingement; rotator cuirf'tendinits; synovitis; shock and injury to his nerves and nervous system, some or all of which injuries, Piaintifftum been advised, arc or may be penmumcnt in nature. 1 ~. As a result of thc accident aForoncntioncd and thc n~,l}~ncc and careleSSness of Defendant, Plaintiff Brian A. Hopc has und~onc an anterior cory}cai discectomy at C5-6; an antcrior cervical fusion at C3 throui{h C-6.with iliac crest slructm~ Ix)nc graft and anterior plate fixation; an anterior cervical uorpectomy at C,4-$, alon8 with pcrmancnt and disfigurint{ scarring in the throat as a r~sult ot'th¢ sursorics. Plaintiff furthor doral_ oped lateral femoral cutaneous nerv¢ symptoms and ucurolo§ical dysfunction and erectile dysfunction followin8 thc bone lulrvesiina procedure, which is an~or may be permanent in nature. PRGE.I~c' .~P 24 ~3 ~E~:33 ~ 16. As a result of the acciclcnt aforementioned and the~ negtigcncc and carelessne~ of Det'~ Plaintiff Brian Hope has undergone an arthtoscopic debridement ef thc labral tear and subacromial decompression.of his dominant right shoulder, along with scarring attendant to tl~ surgery. 17. As a result of the accident aforementioned and tbe negligence, and carclessae~ of Dcfeodant, Plaintiff has undergone great physical pain, ~ufferlng end mental anguish, and he rosy or will continue to endure the s~ne for an inde6nite time in the future, to his ~ d~triment end foss. 18. As a result or,he a~cident aforementioned and the ncgli§cnce and carelessness of Def~ Plaintiffhas suffered a loss of camir~ end loss and depreciatim ofh|s ezmino and earning capacity, and he may or will continue to suffer such loss ~md depre~ation for zn inde[inite time in the future, to his Bre~t de~immt and loss. 19. As a result of the accident aforementioned and thc negligence and carelessness of. Defendant, Plaintiffhes been unable to atterld Io his usual and daily duties, avocations end occupation, end has suffered a loss oflife's pleasures end he may or will continue to bc unable to altend to thc same for an indefinite lime in the furore, to his great detriment md loss. 20. As a result ofthc accident aforementioned and the ne~ligenc, e and carelessness'0fDefendant, Plaint|ffhes been obliged to expe~! lin'ge sums of money for medicines and medical ~ an¢i tres~acnt in an effort to mfft~ct a cure and~or trcatmcn! for · ~P 24 '03 ~:33 PRGE. 07 ~Z 03 09809i mtl~er t~suranoe as.oo his injurie~ and hc may or will be oblig~l to continue to expend such sums of money, for thc sarnc putposes~ for an indefinite time in thc futur~, ali to iris grea~ delrlment and loss. 21. As-a result of thc accident aforementioned end ~hc negligence end carel,:ssne.~ of thc Defendant, Plaintiffhas undergone su~ical procedures and resultant scarring, including an approximate 3 ½" scar on this throat and a 2"/2" scar abovc his right hip which ~re pemument and disfiguring and unsi~tl7 and Plaintiffm~ in thc fulure und~go medical procedm~,s in order to attempt ~o allevisle ~e ~.,ers end thc unsightly 22. As a result oflhe accident eforcmcntioned and thc ne~lil~Cncc and cerclem~ of the Defendant, Plaintiffhas s~ffered embarra~w~e~t and humiliation · which is ccmtinuing and may continue into I~ future, ta his ~cet detriment'and loss. 23. As a result of ~he accident eforan~tioncd end thc negligence and cercle, ssn~ of thc D~f~ndant, Plaintiff`has bccn prczcribcd n,~-cotic medications in an effort to mti~ve his I~in ~nd now he.~ a platc and screws ins~led in his neck, which may need to be removc¢l at fiu'~er expense; ~ undcrg0nc .extensive physical end rehabilitative thcrel~y end home egercisc p~grems and is limite,'d, in function end motion, whi~ limi~iom ere expec~d ~o oontinue into the future. 24. As a result of the accident afbrcmentioned, Plaintiff sustained loSSes of tools end equipment ~t hc used in his employment and claim is nutde for rite fair market value ofsnid toolz and equipment --'- 71,724324G2 · ..~ p.$ WHEREFORE, Plaintiff'cln~rns of thc defendant her~i~n a sum in excess ofl~iRy Thousa~ Doting, interest, dam~es for de~/nnd costs. THO~,~ ~Omm)N~O, ~SQUm~ Attorney for Pla~ntil~ ~-P 24 '03 08:34 VERIFICATION BRIAN HOPE ~ heceby states he is the Plaintiff An this action, and verifies that the state~mnts made in the foregoing Civil action-Complaint are true and correct to the best o[ his knowledge, i~formation and beltet[, The undersigned understands 2h~t the statements therein are made subject to the penalties of 18 Pa. c.s. Section 4904 relating to unsworn falsification to authorities. BRIAN A. HOPE SEP ::)4 ' 03 ~: 3'1 8. Have you ever filed suit and/or claim(s) (beside this one) for any personal injury?. If so, state for each such suit: judgment. Ao The date of filing and the name and location of the Court; The present status of the suit; and If concluded, the final result, including the amount of any settlement or -lO- while she was sensitive to light due to cataracts and was not wearing sunglasses and decided to take a route to a supermarket after having been advised that road work was being performed on that section of the road. Further information will be provided. 0 Will be supplied. None have been identified with certainty at present. Plaintiff will seasonably update this answer. See medical and vocational reports 'which have been provided, along with CV of Jasen Walker. 10. 11. 12. 13. 14. 15. None have been identified as yet. See police report for identities of witnesses and investigating officer; see documents from Delta Labor regarding flagging. Further information will be provided. No See vocational report of Jasen Walker and tax returns, which have been provided. I have received and am currently receiving workers' compensation benefits based upon an average weekly wage of $813.63. Plaintiff has previously supplied workers' compensation lien information. As of August 7, 2003, that lien was comprised of $41,752.62 of indemnity benefits and $60,640.90 in medical benefits. See August 18, 2003 letter to James Hammel of Kemper Insurance Company. Further information will be provided. See No. 10 above. supplied. Further information will be See No. 9 and No. 10 above· be supplied. Further information will No I provided information to the investigating police officer and I did speak with co-employees and flagger at the scene. 16. No. THOMAS MORIBONDO, ESQ~ ATTORNEY LD. No. 30306 1002 Rob~ Drfve We~t Chester, PA 19382 399-39oo BRIAN A. HOPE 49 Keystono Court Honeybrook, PA 19344 VS. Attorney for Pialaflff COURT OF COMMON PI~ "~ CUMBi~S. ND COUNTY DELTA LABOR SERVICES, INC. 1000 Consh~~ Road Conshohocken, PA 19428 NO. COMPLAIHT. CIVIL ACI'ION AVmO YO4J I~ULO TAKE THKt PAP~ TO ~ ~ AT IF YOU DO NOT HAVE A LAiVIIR, OO TO Q~ HIRmOA~ IF YOU CANNOT AFFOI~ TO flll~ A ~ THIS OfPi~ IMY BE ABLE TO IqK)vIDE YOU WITH ABOUT AGEIdCI~ TNAT IMY ~ LEGAL ~ TO BJeILE ~ AT A 1. Plaintiff Brian A. Hope is an adult individua~ currently rmiding at 49 Keystone Court Honeybrook, Pennaylvanh 19344. 2. Defendant Delta Labor Services, Inc. is a oorporation organized and existing under the lawa of the Commonwmlth of Pennsylvania ~.~taining a place of business at 1000 C, onshohooken Road, Conshohockt~ PA, who at all times r~lovant berne regularly condu~lzd buaine~ in Cumberland County, Ponnsylvat. fia. 3. At all timea relevant he, rote, Deferglant Delta Labor Setvi~ lno. acted its agents, servants and/or employes, and provided road flagging services for Cxnnmunieation~ Cotmmotion Oroup. 4. On or about Jao;,pry 22, 2002, at about 1:15 p.nt, PlaintiffBrian A. Hope, in the oour~ and SCOl~ of his employment with Communications Co--on Group, had driven a comme~ial bucket truck to a location on Sta~ Route 34 (Spring Road) n~r 1660 Sprin~ Road in North Middleton Township, Cumberland County, Peamaylvania. 5. Plaintiff was one of several workmen who had driven work vehicles to that se,ztion of 3tate Route 34 to perform repair and/or maintenanoo on tho telecxanmunic, ationa system. 6. At the aforesaid date, time and pla~, Plaintiff Brian A. Hope stopped and positioned his work Uuck ~o that he would have access, while elevated from its buck~ to Utility Pole No. 15813. 7. At tho aforesaid date, time and plaeo, Plaintiff Brian Hope was accompanied by a flalgnan who was an agent, servant and/or employee ,of Defendant Delta Labor Services, Inc. 8. At the aforesaid da~, timo and place, Piaint/ffBdan A. Hope was elevated approxima~ly thirty feet in the air in the e~tended bucket of the parked commerein~ buek~ truck perfonnin$ maintenance on Utility Pole No. 15813. 9. At aforesa/d date. tim~ ~d pl~ Kathryn T. ,Shoemakzr was operating a motor veh/cle northbound on State Route 34 (Spring Road) in. North M/ddleton Township, Pennsyl~ 10. At the afore~/d date, time and place, Defendant Delta Labor Serv/ces,/nc., by and through its age~ts, servants and/or ~nploy~s negligently and carelessly fail~ to direc~ traffic and provide proper flaggin8 signals to Uaffic, particularly to Kathryn T. Shoemker. 11. At the aforesaid dat~, tim~ and place, Kath~ T. Shoeumker, while proceocling northbound on Stat~ Route 34 in North Middlzton Township, P~syl~ struck tho r~ar of the commemial v~iclo above which l?laintiff was working. 12. As a r~sult of the impac~ Plaintiffwas thrown back and forth inside the elovat~ bucket of the truck. 13. The ac~ictent afor~m~tion~ was ~used by reason of the n~gligence and carelessness of Defendant Delta Labor Services, Inc. acting by and through their agents, servants and/or employees and was duo in no manner x~atso~ver to a~t or failuro to on the pm of Plaintiff. 14. Tho negligence of Defe~ant I~lta Labor S~gvices, Inc., by and throush its agents, s~vants and/or employees, consisted of tho following: (a) providing insufficient flagmen to direx:t traffic; Co) insufficiently staffin~ tho said flagging job; (c) failing to properly direct traffic and signal to motorists; (d) providing inadequate tra/nin$ and prcsx~lures to safely direct uzflffc and safely flag traffic at tho aforesaid date, time and place; (e) being inattentive to mtflic and traffic conditions; (f) noslisence per se; (g) violating statutes and re~xlations of tla', Commonwealth of Pcsmsylvania and violating the r~lu/rcmcnts of tho Pennsylvania Code,.; (h) providing conflicting and/or confusing signals to motorists on roadway particularly l~hryn T. Shoemaker, (i) being otherwise careless or negligent. 1:5. As a result of thc aforementioned accident and the nel~li$cace and carcl~ of Defendant, Pla/ntiffBrian A. Hope suffered severe injuries which include but are not limited to herniated discs at C3-4, C4-~ and C$-6; traumatic exacerbation of cervical spondylotic myelo~y, cervical strain and sprain; radicular pain with nmuologic involvement, post mmmatic headaches; injuries to his cervical, thoracic and lumbosacral sp/ne, their bones, ce. As, tissues, nerves, muscles and functions; injury to his dominant risht shoulder along with a superior labral tear and a SLAP lesion along with risht shoulder impingement; rotator cufftendinits; synovitis;, shock and injury to his nerves and n~rous system, some or all of which injuries, Plaintiff has been advised, are or may be permanent in nature. 16. As a result of the accident aforementioned ~u,~d tho negligence and carelessness of Defendant, Plaint/fi'Brian A. Hol~ has undorgono an anterior cervical d/soeotomy at C$-6; sa artier/or ~ervical fusion at C3 through C-6 witl~ iliae crest structural bon~ gra~ and anterior plate fixation; an anterior cervical eorp~,omy at C2-$, along with permanent and d/sfigudng soarrin~ in tl~ ~x~at as a result of tho sur~ri~. Plaintiff further developed lamal femoral cutaneous nerve symptoms and neurological dysfunction and ore,tile dysfunction following the bono harvesting procedure, which is and/or may be permanent in naturo. 17. As a result ofthe accidont afor~nentioned and the n~Jig~ee and ~m~lesmess of~dsnt, Plaintiff Brian Hope has undexgone an arthroscopie dohridemmt of tho labral ~ and subao-om/al dec, ompr~sion of his dominant fi~,ht shoulder, along with 18. As a result of tho accident aforementioned and the negligence and carelesmess ofI~~t, Plaintiff has undergono great physical pain, suffering and mmtal anguS, and he may or will continue ~o endure the san~ for an indefinit~ time in the future, to his great detriment and loss. 19. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiff has suffered a loss ofeaminss and loss and depreciation of his earnings and earning capacity, and he may or will continue to suffer such loss and depreciation for an indefinite time in the future, to his t~at deUimem and loss. 20. As a result of the accident aforementioned and the n,~'gligenco and carelessness ofDefe~t, Plaintiff has bom unable to attend to his ~usual and daily duties, avocations and occupation, and has suffered a loss of life's pleasures and he may or will continue to be unable to attend to the same for an indefinite time in the future, to his great detriment and loss. 21. As a result of the accident aforementioned and tho negligence and carelessness of Defendant, Plaintiff has been obliged to ~d larse sums ofmon~ for medicines and medical care and treatment in an effort to eff~t a cure and/or treatment for his injuries and he may or will be obliged to continue to expend such sums of money, for the same ' purposes, for an indefinite time in the future, ali to his great detriment and loss. 22. As a result of the accident aforementioned and the negligence and oarelesmess ofthe D~fendant, Plaintiffhas undergone surgical procedures and resultant soarring. including scars on and near his fight shoulder', an approximate 3 ½' scar on this throat and a 2%" scar above his right hip which are permanent and disfiguring and unsightly and Plaintiff may in tho future undergo medical procedures in order to attempt to alltwiate the scars and the unsightly appearance. 23. As a rmult of tho ac~ide, nt aforementioned and tho negligen~ and of li~ Defendant, Pia/ntiff has suffer~l embammme~t and humiliation which is oontinuinl~ and may ~ontinue in~o tho future, to his Ip'eA~t detriment and loss. 24. As a result of tho accident aforementioned e~d the negligence end carelessness of the D~~k Plaintiffluts been prescribed narcotic medic4~tions in an effort to relieve his pain and now has a plato and screws installed in his neck, which may need to be removed at further ~; has undergo~ extensive physical and rehabilitative therapy and home exercise prosrams and is limited in function ~md motion, which limitations are 25. As a result of the accident aforementioned, Plaintiff ~n~tained Ioss~ of tools and equipment ~hat he used in his employment and ¢laitn is made for the fair market value ofsa/d tools and equipment. WHEREFORE, Plaintiff¢lairas ofthe d~fendnnt herein a sum in ~ of Fifly Thousand Dollars, interest, damages for delay and costs. / THOMAS IvK)RIBONIX), F.~QUIRE- Attorney for Plaintiff VERIFICATION Brian A. Hope , hereby states he is the Plaintiff in this action, and veri£ies that the statements made in the foregoing civil Action-Complaint are true and correct to the best of h ieknowledge, i~fo~mation and belief. The undersignedunderetands~ that the statements therein are made subject to the penalties o£ 18 Pa. C.S. Section 4904 relating to uneworn falsification to authorities. Date: BRIAN A. HOPE POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Kathryn T. Shoemaker, in the above. captioned matter. POST & SCHELL, P.C. By: Laura H. Scheft Attorney for Defendant CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: SANDRA MORALES -2- POST & SCHELL, P.C. BY: LAURA H. SCHEFF I.D. #:54636 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHKYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT (DF COMMON PLEAS Cq. nVmERLAND COUNTY CIVIL ACTION - LAW NO: 03-4891 WITHDRAWAL OF APPEAR,~CE TO THE PROTHONOTARY: Please withdraw the appearance of Laura H. Scheft on behalf of Defendant Kathryn T Shoemaker, in the above-captioned matter. Laura H. Scheft ENTRY OF APPEARANCE Please enter the appearance of Gregory S. Hirtzel on behalf of Defendant Kathryn T. Shoemaker in the above-referenced matter. BY: Attorney I.D. No. 56027 DATE: I I'/ lo~O~ CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the-United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: BY: ~!~POST E~ · ggt gy s. mgTZE ., ESQ Attorney I.D. Nc,. 56027 -2- POST & $CHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #: 56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBER]LAND COUNTY NO: 03-4891 NOTICE OF DEPOSITION TO: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 PLEASE TAKE NOTICE, pursuant to Rule 4007 of the Pennsylvania Rules of Civi Procedure, you are hereby notified that the deposition of witness, Edgar Statler, will be taken for the purpose of discovery and for use at trial on December 6, 2004 beginning at 2:30 o'clock p.m. at thc office of Post & Schell, P.C., 1857 William Penn Way, Lancaster, Pennsylvania before a certified court reporter. The persons to be deposed are directed to bring any and all documents that are relevant to the above-captioned case to the deposition. Dated: November 12, 2004 POST & SCHELiL, P.C. By: Gregory S. Hirtzel Attorney for Defendant Notice directed to and served by first class mail to the following: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 Hughes Albright Foltz & Natale Reporting Service, Inc. Court Reporting 2080 Linglestown Road Suite 103 Harrisburg, PA 17110 -2- CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 DATE: BY: POST & SCHI~LL, P.C. GREg[3RY S. HmTZEg, ESQUIRE Attorrley I.D. No..56027 BRIAN A. HOPE, Plaintiff VS. KATHRYN T. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4891 CIVIL CIVIL ACTION - LAW BRIAN A. HOPE, Plaintiff VS. DELTA LABOR SERVICES, INC., Defendant IN THE COURT 0]7 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-269 CIVIL IN RE: DEFENDANT'S MOTION TO CONSOLIDATE ORDER AND NOW, this /q" day of November, 2004, argument on the within motion to consolidate is set for Wednesday, December 1, 2004, at 1:3(} p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~/omas Moribondo, Esquire For the Plaintiff t~,egory S. Hirtzel, Esquire For the Defendant :rlm A. Hess, J. POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF' COMMON PLEAS CUMBERLAND COUNTY NO: 03-48!)1 BRIAN A. HOPE Plaintiff, V. DELTA LABOR SERVICES, INC. Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 04-269 CIVIL TERM ORDER AND NOW, this day of ., 2004 upon consideration of the Motion to Consolidate of Defendant Kathryn T. Shoema3:er, it is hereby ORDERED and DECREED that said Motion is GRANTED. The actions currently docketed at 03-4891 Civil Term and 04-269 Civil Term shall be consolidated for all purposes, including discovery and trial and all future pleadings shall refer to the docket numbered 03-4891. Jo POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, V. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT OF COMMON PLEAS CUMBERI,AND COUNTY NO: 03-4891 BRIAN A. HOPE Plaintiff, V. DELTA LABOR SERVICES, INC. Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 04-26,9 CWIL .TERM MOTION TO CONSOLIDATE OF DEFENDANT KATHRYN SHOEMAKER Defendant, Kathryn Shoemaker, by and through her attorneys, Post & Schell, P.C. hereby files the instant Motion to Consolidate, and in support thereof, avers as follows: 1. Plaintiff, Brian A. Hope, filed a Complaint in Cumberland County on September 17, 2003 against Defendant Kathryn Shoemaker Phfintiff alleging that on January 22, ! 2002, he was parked, in a commercial bucket truck, on Route 34 in Cumberland County, when the truck was struck from the rear by Defendant's automobile, Plaintiff alleges that at the time, the bucket was elevated and he was preforming work for his employer, Communications Construction Group. A true and correct copy of Plaintiff's Complaint, docketed at 03-4391 Civil Term, is attached hereto as Exhibit "A." 2. Plaintiff avers at the time of his accident, he was accompanied by a flag man who had set out orange cones and was directing traffic. See Exhibit A, ~ 5. Plaintiff further alleges that Defendant Shoemaker was negligent for "disregarding the signals of the flag man and the signs that had been properly placed on the roadway." See Exhibit A, ¶ 13. 3. A bench trial has been scheduled for December 15, 2004 at 9:30am before the Honorable Kevin A Hess. 4. In Answer to Interrogatories, which were verified by Mr. Hope on 1/8/04, he was asked if he ever filed any other suit for personal injuries, to which he replied "no". See interrogatory and answer to interrogatory numbered 8 attached as Exhibit "B". 5. Within the past two weeks, the undersigned learned through a name search of Cumberland County Civil Actions that Plaintiff filed another suit in the Cumberland County of Common Pleas, arising from the same incident. The Complain~t in that case was verified by Mr. Hope on December 18, 2003, and was filed on January 21, 2004, against Delta Labor Services, Inc. Plaintiff alleges that Delta supplied his employer with the laborer who was directing traffic at the time of Mr. Hope's accident. Plaintiff also alleges in the complaint that this accident "was caused by reason of the negligence and carelessness of Defendant Delta Labor Services" for inter alia, "providing conflicting and/or confusing signals to motorists on the roadway particularly Kathryn T. Shoemaker." A true and correct copy of the Complaint docketed at 04-269 Civil Term, is attached hereto as Exhibit "C." 6. Additionally, Plaintiff alleges Delta was negligent for, inter alia, -2- (a) providing insufficient flag man to direct traffic; (b) insufficiently staffing the said flagging job; (c) failing to properly direct traffic and signal to motorists (d) providing inadequate training and procedures to safely direct traffic and safely flag traffic at the aforesaid date, time and place; (e) being inattentive to traffic and traffic conditions; (f) negligent per se; (g) violating statutes and regulations of the Commonwealth of Pennsylvania and violating the requirements of the Pennsylvania Code; 7. The claims alleged in the Complaint against Delta arise out of the same event as the claims alleged in the Complaint against Defendant Shoemaker. 8. Therefore, it is clear that both actions arise out of the exact same occurrence, namely, the motor vehicle accident of January 22, 2002. Additionally, both actions sound in negligence, involve identical damages and share common questions of law and fact. To the extent both defendants may be at fault for the accident, consolidation will also permit the Defendants to assert any claims they have against each other in the same action as the Plaintiff, with the obvious result being a reduction in the number of suits involving the same accident and damages and the promotion of judicial economy. 9. Pursuant to Pa.R.C.P. No. 213," In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occun'ence, the court on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and my make orders that avoid unnecessary cost or delay." -3- 10. The purpose of Rule 213 is to "promote economy and the prompt disposition of the actions for both the Courts and the parties" and to avoid multiple trials and proceedings involving common facts or issues arising from the same transaction or occurrence. Pa. R.C.P. 213, Explanatory Comment- 1990.Id. 11. Defendant acknowledges that the request for consolidation is coming at a relatively late hour. However, Defendant has only recently discovered that Plaintiff filed the referenced action against Delta. Pursuant to Pa.R.C.P. 4007.4, a Party has a continuing obligation to supplement his discovery responses where "he obtains information upon the basis of which he or she knows that (b) the responses through correct when made are no longer true." Pa.R.C.P. 4007.4(2)(b). 12. Plaintiff's verified allegations against Delta alone entitle Defendant Shoemaker to an opportunity to conduct discovery in order to identify and evaluate the factual basis for those averments, retain an expert if warranted, and, to assert a cross claim against Delta. Respectfully, these two actions cry out for Consolidation and under the circumstances, Defendant should not denied consolidation where it asked for the requested information (e.g., other suits) and was never advised of same. WHEREFORE, Defendant Kathryn T. Shoemaker respectfully requests that this Honorable Court grant her Motion to Consolidate and consolidate the actions currently docketed -4- at 03-4891 Civil Term and 04-269 Civil Term for all purposes, including discovery and trial, with all future pleadings referring to the docket numbered 03-4891. Respectfully subr iitted: GREGO~57 HIRTZEL, IRE Attomey~I.D. No. 56027 DATE: -5- ATTOI?flEYZI). NO. 30306 West Chester, PA 19382 (610)'399-$900 TRUE COPY FROM RECORD ATTOI~'E¥ FOR PLAINTIFF /BBJA~ A. HOPI~ 49 :Keystone Court C:UMBEBZ.,A,ND COUNTY r,.A~YN T. SHOI~R Ca~le,, PA l?0t3 CO~.- CIVIL ACT]ON J~%lO '~ q~tm~ ~ dm mu'Gms dmmndu ~l~ ~%~ ~ ~ 24 '03 G~:32 PRGE.{~ m~.~ler insur&noe assoo 7172~462 P.3 1..PlaintlffBrian A. Hope is en adult individual curtc,tly residing at49 Keystone Court, Honey Brook, Pennsylvania 19344. '2. Del~cndant Kath~ T. Shoemaker is an adult indivi,dual residing at 29 Garden Drive, Carlisle, Pennsylvania 17013 3. On or about Januat7 22. 2002, at about 1~15 p.m., l?latntiffBrinn A, Hope, in the course and scope of his employment with Conununicetlos~ Construction Group. had driven a co,~,,ercial bucket truck to a location on State Rout,.- 34 (Spring Road) near 1660 Spring Road in North Middleton Township, Cumberland County, Pcnnsylvnnia~ 4. Plaiatiffwas one o['sevcral workmen who had dti~m work vehicles to that section of State Route 34 to perform repair end/or maintenan~ on the communications 5. Atthe aforesaid date, time and place, Plaintif['Btilnn A. Hope~tbpped and . positioned hi, work truck so that.he would have access; whil,", elevated fi'om the bucket, to Utility Pole No. 15813 and was accompanied by a flag man who had set out approximately six orange cones around the bucket track and was directing traffic. 6. Signs had been placed in the medw~y or' State Route :34 to indicate to motorists that men were working in the area. 7. The strobe beacon lights on the vehicle Plaintiff'had driven were ~unctlonnl and operating at the aforesaid date, time and place. 88:32 8. At ~h~ aforesaid date, timo and place,.Plainliff Brtao A. Hope was elevated approximately thL,~ fr, ct in thc air in the oxtendod bucket of ibc parked commerdal bur, k~ imok pcdormioll maintenance on Utility Pole No, 151~13.. 9. At afot, csaid date, time and place Defendant Shomn~er was operagng her motor vehicle northbound on Sta~o Rou~ )4 (Sprin§ Road) l~t North Middle, on 'Township, Pmnsylvania. 10. Al the aforesaid da~ time and place, Ddcngaat Shoemaker disre~xl the sii~s on the roadway and signals ortho fl~ man, JEnorcd the slrobe beaoon liEbi and Ihe. 0ranse cones 9mt had been sct out and procceded'forward carelessly, forcin8 the flag man to nm aside, strikin8 the rear of the commercial vehicle ~bove which PlainthTwas wockins. ! i. As n result of'the impact, PlaintilT was thrown backand t'orth inside the elevated bucket of thc truck, 12. The accident afbremcntioncd was caused solcly by' reason ol'the negli~,eflce and care[~mnen of the Defendant Kathryn T. Shoemakcr and was duc in no rnmmcr whatsoever to.uny am or hilum to act on thc part of'thc PhintifF. 15. The ne$1ii;ence of the Defendant eoflsisted of'the t'011owin~: (a) ~lure to take due note oFthe point and position upon the highway of the vehicle above which Pinintifl'was workifl~; (b) failure to have tho said motor under proper and adequate control at the time; 15k-P 24 ' 03 ~: 32 ta.5 (c) fiiilure to observo end obey tho tref~c signels and cones set out upon the (d) failure to maintain a proper lookout; (o) failure to exercise reasoneble care in operating her vehicle at the said time and piece; (f) fa{lurc to nuke eppropfiatc observations; (g) failure to avoid impact with the parked c°nmm'einl vehicle; (h) viohting various laws ortho Commonwealth of Pennsylvania pertaining to thc operation of motor vehicles; (i) failing to apply tn-alan in timc to avoid · collision; (j) fltilurc to operate her vehicle in eccordance with existing tre~c conditions end tr,,mc signs, signals 8nd coattols; (lc) disrogarding the signals ofthc fl~ man and ~e siw~s that Iud been ix'op~ty placed on the roadw~ (m) violating the gules of the Road of the Commonwealth of Pennsylvania; (n) netliv=cc per sc; (o) operating her said vehicle while knowing end/cF while she should Imve known of her incupecity to control ~he said vehicle and make appropriate observatiom; ~d SEP 24 '03 1~:33 PP~E.B'5 (p) o&orwtse operating said vehicle itl a cat~less and negligent manner and in a manner 3,Johtin8 tho Motor Vehicle Code ofthe Cotn~m~ 0f Pennsylvania. 14. As a result of the aforementioned or. cident and tho n~iigcnce and carelessness of Defendant, Plaintiff Brian A. Hope suffered $~ete injuries which include b~t are not limited ~o herniated discs at C3-4, C4-5' and C5.6; traumatic exav. erbntion of cervical t~pondylotic tny¢lopathy; cervical stfliin nnd sprain; radicular pain with neurologi~ involvement; post tnunuti¢ headaches; injuries to his ocr;leal, thoracic and lmr, bosac~ spine., thei~ bones, cells, tissues, nerves, muscles and fimcttnns; injury to his dominant fight shoulder along with a superior labial t~:ar and a SLAP lesion along rig]3t sho~dder imping~t; rotator cuff tendinits; synov~tisl; shock and injury to his nerves and nervous systcm, some or all or, which injuries, Pl~lilThas been advised, or may be pernument in nature. 1 :S. As & t'esutt or'the accident aforementioned and thc negligence and carelessness ol~Defendant, Pi~intilT Brian A. l-lope has tmdr, rKonc un anterior cervical ' discectomy at C5-6; an anterior cervical fusion at C3 through C-6.with/line ercst s~'uctm'al boric gt'ufl: and anterior plate fixation; an ant~or ce~'vical eorpectomy at C,4-$, ulonl5 with permancnt and disfiguring scan'tag tn the throat as a result of the surg~es. Plaintiff fin'the~ dev,_ o~ lateral femoral cutaneOus nerve symptoms and ncurotngical dysfunction and erectile dysf~mction following ~e bone harvesting procedure, which is nd/or may be pettnan~nt tn nature, 16. As a result of~e accident aforementioned nnd the negligence nnd c~'elesmess of De, t'~ Plaintiff Br~ Hope has tmdet~one an arthroscopic debridement of the lnbral tear and subacromial dc-compression, of his dominant right shoulder, along with scaring attendnnt tO the surgery. 17. As a result of the a~idont n,forem~ntion~cl ~d the negltg~ce, nnd earclesmess ofDofendnnt. Plainliff has undergono gr~at phy~ionl p~in, suffering and mental anguish, and he may or will continue to endure the ss*ne for an indefinite time in the future, to his great detriment and loss. 18. As a result of the accident aforcmcntloncd and the .negligence and carelessness of Defendent, Plaintiffhas suffered a loss o£ear~ings and loss depreciation of his caminS~ and enmin§ capacity, and he may or will continue to s~ffer such loss and depreciation for an indefinite time in thc future, ~o his great ~ehiment and loss. tg. As a result of the accident aforcmentiortcd and lhe ~egligen~e~and carclcsmess of. Defendant, Plaintiff has been unable 1o attend lo his usual and daily duties, avocations and occupation, and has suffered a loss oflife's pleasures and he may or will continue to bc unable to attend to thc same for an indefinite time in ~he future, to his great detriment and loss. 20. As a result of thc accident aforementi0ncd and'thc negligence and caretesmess'0f Defendant, Plaintifflms been obliged to expenCl large sums of money for tncdicines and medical ca~ and trealment i'n an effort m effe~ n o~re and/or trentmem! for EiEP 24 '8~ ~:~3 PO~E.07 Ids injuri~ end hc me~ or will be obliged t~ continue to cx~d such sums of tnoncy, for thc nme purpos~s~ for en indefinite time in the futur~, alt to his peat deb'hnent and Io~. 21. As, · result of linc eecident aforementioned mxd thc negligence and carelessne.~ ofth~ Defendant, Plaintiffhas undergone surgical procedures and resultant ican-in~, including an 8Pl~xlmate 3½" scar on thi~ throat ,n4'~ a 2%" scar abo~ his right hip which are permsnent end disfiguring end unsip~tly' end Plaintiffmay in th~ fum~ undergo medical procedu~s in order to attempt to alic, vie~ tf~ scars end th~ unsightly 22. As a rcsu!! of thc accident afomnentioned end th~ nesligcuc~ and carries,mess of the Defendant, Pitintiffhas suffered ember and humiliation ,which is c¢~ttinuin$ end may continue into thc future, to his greet detriment'and loss. 23, As & ~sull of the accident aforementioned and the negligence and cercl~sut~ee of ~c Defendant, Plahttiffbas boca pr~cribcd n~rcotic medications in an effort to relieve his pain and now hs.~ a plato and screws inst~lled in his neck, which may need to be removed at furth~ expense; Ku undergone Cxtntsivc physical ~d te, habilitativc ~herepy sod home exercise p'.rosmns end is limitex[ in function end motion, whiob limi~tions ere expected ~o oontinue into the future. 24. As a result of the sr, cidca! aforementioned. Piaiotiffsustsined Ioss~ of tools and equipment that itc used in his emp|oyment and clsim is made for ~e fair ma~kel value of said tools end cquiMncnt. SI~P 24 ~03 ~:3'3 p.9 SEP 24 '03 ° ~ - ~ VERIFICATION BRIAN HOPE ,, hereby states he is the Plaintiff in this ~ction, and verifies that the stat~aents made in the foregoing Civil Action-Coaplaint are true 'and co=rect to the beat of h~$ knowledge, l~formation and belte£. The underslqned understands that the statements there/n are made subject to the penalties of la pa. c.s. section 4904 relating to unsworn falsl~ication to au~hortties. BRIAN 'A. ll'OPl~ ' SEP 24 'l~ ~8:34 8. Have you ever filed suit and/or claim(s) (beside tiffs one) for any personal injury? If so, state for each such suit: judgment. The date of filing and the name and locfLtion of the Court; The present status of the suit; and If concluded, the final result, including the amount of any settlement or while she was sensitive to light due to cataracts and was not wearing sunglasses and decided to take a route to a supermarket after having been advised that road work was being performed on that section of the road. Further information will be provided. Will be supplied. None have been identified with certainty at present. Plaintiff will seasonably update this answer. See medical and vocational reports which have been provided, along with CV of Jasen Walker. 10. None have been identified as yet. See police report for identities of witnesses and investigating officer; see documents from Delta Labor regarding flagging. Further information will be provided. No See vocational report of Jasen Walker and tab returns, which have been provided. - .... I have received and am currently receiving workers' compensation benefits based upon an average weekly wage of $813.63. Plaintiff has previously'supplied workers' compensation lien information. As of August 7, 2003, that lien was comprised of $41,752.62 of indemnity benefits and $60,640.90 in medical benefits. 11. See August 18, 2003 letter to Ja~es Hammel of Kemper Insurance Company. Further information will be provided. 12. See No. 10 above. supplied. Further info,%marion will be 13. See No. 9 and No. 10 above. be supplied. Further information will 14. No 15. I provided information to the investigating police officer and I did speak with co-employees and flagger at the scene. . 16. No. THOMAS MORIBONDO, F~qQUIRE ATTORNEY ID. No. 30306 1002 Robin Drive West Chester, PA 19382 ¢~0) 399-39OO BRIAN A. HOPE 49 Kisystone Court H~ PA 19344 VS. Attorney for Plaintiff ~? o~ co~nvto~ P~ "~ DELTA LABOR SF~VlCES, INC. 1000 Conshohoolcen Road Conshohoeker~ PA 19428 COtMPLAINT - C1VR, AC~ON AVIO klldmdlkMyk~ Hl~fltlmli~r ~%m~Mm~mmwm 1. PlaintiffB~ A. Hope is an adult individual currently residing at 49 Keystone Court Honeylxook, Pennsylvania 19344. 2. l~feadant l~lta Labor Sorrier's, Inc. is a corporation organized and existing under lhe lawa of tho Commonwealth of Peamsylvania maintaining a place of business at 1000 C. omb~hocken Road, Conshohock~n PA, who a~~. all timos rzlovant hereto r~darly its agents, secants and/or employees, and provided toed flagging sorvic~ for Communications ~tion Oroup. 4. On or about January 22, 2002, at about 1:15 p.m., Plain~ffBris~t! A. HOl~, in tho course and SCOl~ of his t~nployment with CommunicationsConsUuction Group, had driven a commercial bucket truck to a location on State Route 34 (Spring Road) near 1660 Spring Road in North Middleton Township, Cumberland County, Pennsylvania. 5. Plaintiff was one of szv~al worlanon who had drivon work V~hicles to that section of State Route 34 to perform repair and/or main~~ on tho 6. At tho aforosaid date, time sad place, Plainl~ffBrisn A. Hop~ stopped and position, ed his work truck so that ho would havo access, whilo olevated from its buckot, to Utility Polo No. 15813. 7. At tho aforesaid date, time end place, Plaintiff Brian Hol~ was sccompeniod by a flagman who was an agent, servant and/or employee ,of Defendant Delta Labor S~'vices, Inc. 8. At tho aforesaid date, time and place, PiaintiffBrian A. Hope was appro~~ tldrty feet in tho air in th~ v'xtended buok~ of tho parked ~muneroial buc~ truck pe~rming msin~ on Utility Polo No. 15813. 9. At aforesaid datz, ~ sad t~lacz ~ T. Shoemaker was opmuiag a motor vehicle northbound on Slate Route 34 (Slx'ins Road) in North Middlzlzn Township, i 0. At the aforesaid da~, limo and place, Dzf~,ndant Dolta Labor Szrvices, Inc., by snd through its a~ents, sorvants and/or employe~ nogligontly sad esrzl~sly fsilod to direct ua~o sad provide proper flagging signals to tr~c, lm~i~y to ~ T. Shoemaker. 11. Atlhealbresaid date, limoand plaoe, Kalhryn T. Shoemaker,~ ~ing norlhbound on S~t_~_ Route 34 in North Middloton Township, Psansyiv~a, struck tho rear of tho oommeroisl vohiolo above which Plaintiff was working. 12. As a result of tho impact, Plaintiff was thrown bsck and forth insido elevated bucket of tho uuok. 13. The accident aforemc~onecl was c~ed by reason of the mgligen~ ~d carelessness of Defendant Delta Labor Services, Inc. acting by and ltwouah their agents, servants and/or employees and was due in no manner whatsoever to act or fa/lure to act on the pert of Phintiff. 14. The nelgigenee of Defendant Delta Labor Services, Inc., by and through its agents, servants and/or employees, consisted of tho following: (a) providing insufficient flagmen to dirtx,~ traffic; (b) insufficiently sm/Frog the said flaggintgjob; (c) failing to pmpedy direct traffic and silent to motod.r,s; (d) providing inadequat~ tra/ning/md procedures to safely direct tte25c and safely flag traffic at the aforesaid date, time and place; (e) being inattentive to traffic and traffic cond/t/ons;. (0 negligence per se; (g) v/oht/n8 statutes and rogulations of the Commonwealth of Petmsylvan/a and violat/ng the requirements of the Pennsylvan/a Code; (h) providing confliet/n~ and/or confus~8 signals to motorists on the roadway particularly Katittyn T. Shoemaker, 0) being otherwLse em~ele~s or negligeaL 15. As a result of the aforementioned accident and the ncglisence and carelessness of Defendant, PlaintiffBr/an A. Hope suffe, red s~vere injuries which include but ar~ not limited to herniated discs at C3.4, C4-5 and C5-6; traunmtic exacerbation of cervical spondylotio myelopathy, cervical strain and sprain; radicular pain with neurologic involvement; post traumatic headaches; injuries to his oervical, thoracic and lumbosacral spine, their bones, coils, tissues, nerves, muscles and functions; injury to his dominant right shoulder along with a superior labral tear and a SLAP lesion alon~ with risht shoulder impingement; rotator cufftendinits; synovitis; shock and injury to his nerves and nervous system, some or ail of which injuries, Plaintiff has been advised, are or may be permanent in nature. 16. As a result of the accident aforementioned and tho negligea~ and carelessness ofDofonclant, PlaintiffBrian A. Hope has undergone an anterior eorvical disceotomy at C$-6; an anterior ~,ical fusion at C3 through C-6 wili~ iliac crest structural bone ~ and anlerior plate fixati~ an anterior cervical corpectomy at C4-$, along with permanent and disfiguring seining in the throat as a result of the stupefies. Plaintiff further developed lateral femoral ~utaneous nerve symptoms and neurologioal dysfunction and ereotile dysfunction following the bone harvestin8 procedure, which is and/or may be 17. As a result of the accident aforementioned an~d the negligenoe and earelessn~ of Defendant, PlaintiffBrian Hope has undergone an ~io debrid~ of the iabral tear and subaorongal deeompr~sion of his dominnnt fight shouldzr, along with 18. As a result of the accident aforementioned and the negligence and earelessneas of Defendant, Plaintiff has undergone great physical pain, suffering and mental anguish, and h~ may or will continue to endure the same for an indefinite time in the future., to his great detriment and loss. 19. As a result of tho acoident aforementioned and the negligence and carelessness of Defendant, Plaintiffhas suffered a loss ofeaminss and loss and depreciation of his earnings and earning capacity, and ho may or will continue to suffer such loss and depreoiation for an indefhiite time in the future, to his t~at detriment and loss. 20. As a result of the accident aforementioned ap.d the n~gligenoe and careles.mess of ~t, Plaing~ has been unable to attend to his us,_,_n_! and dm'ly duties, avocations and oooupa~n, and has suffered a loss of life's pleasures and he may or will continue to be unable to attend to the same for an indefinite time in the future, to his great detriment and loss. 2 !. As a result of'the aocidont aforementioned and the negligence~md ~relesmeas of Defendant, Plaintiff'has been obliged to expend large; sram of money for medicines and medical care and treatment in an effort to effect a cure emil/or treatment for his injuries and he may or will bo obliged to continue to expend such sinus of money, for the same ~, for an indefinite time in the future, all to his great detriment and loss. 22. As a result of the aocid~nt aforementioned m~ the negli~anoe and carel~ ofthe Defendant, Plaintiff has undergone surgical procedures and resultant scan'ins. including scars on and near his right shoulder, an approximate 3½" scar on this throat and a :2½" scar above his right hip which are permanent and dis~guring and unsightly and Plaintiff may in the future undergo medical proced~ in order to attempt to atloviato tho scars and the unsightly appearance. 2~. As a result of the accident aforementioaed and ~e ae~S~ ~d ~1~ ~ ~ ~d now ~ s p~ ~ ~ ~~ ~ ~ ~ ~ my n~ ~ ~ ~ov~ ~ ~er ~; ~ ~one ~ive ph~i~ ~ ~~ve ~ ~d h~ ~~ ~ ~ ~ li~ ~ ~~ ~md m~on, ~ ~~ ~ 25. ~ a ~t of~e ~id~t ~~fim~ P~n~~ ~ of~ ~ ~~t ~ ~ ~ ~ h~ e~l~ ~d c~n ~ ~ ~ ~ ~ ~ ~ of~d ~ ~d ~ui~ ~0~ Ph~ehims of~ d~i h~ 8 s~ ~ ~ of F~ ~ ~1~ ~ ~m ~r de~ ~ ~. / VERIFICATION Brian A. Hope , hereby states he is ~h~ Plaintiff in this action, and veri£ies that the statements ~ade in ~e forego~g Civ~ ~ Action-Co.pla ~ nt ~e ~e ~ correct ~o ~e ~st of h ~s~l~ge, ~fo~at~on ~ ~lief. T~ ~d~sign~ underet~ds ~a2 the a~t~n~8 theroAn are made sub~ec2 to ~e pena~ties o~ 18 Pa. C.S. Section 4904 relating to uns~rn ~alsif~cat~on to au~orities. Da~ez CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States maiil, first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 POST & SCHELL, P.C. BY: GREGORY S. HII~.TZEL, ESQUIRE Attorney I.D. No. :56027 DATE: NOV 1 7 2o POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BRIAN A. HOPE Plaintiff, ¥. KATHRYN T. SHOEMAKER Defendant. ATTORNEYS FOR DEFENDANT COURT O]? COMMON PLEAS CUMBERLAND COUNTY NO: 03-4891 BRIAN A. HOPE Plaintiff, V. DELTA LABOR SERVICES, INC. Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 04-269 CIVIL TERM MOTION TO CONSOLIDATE OF DEFENDANT ICS, THRYN SHOEMAKER Defendant, Kathryn Shoemaker, by and through her attorneys, Post & Schell, P.C. hereby files the instant Motion to Consolidate, and in support thereof, avers as follows: 1. Plaintiff, Brian A. Hope, filed a Complaint in Cumberland County on September 17, 2003 against Defendant Kathryn Shoemaker Plaintiff alleging that on January 22, 2002, he was parked, in a commercial bucket truck, on Route 34 in Cumberland County, when the truck was struck from the rear by Defendant's automobile. Plaintiff alleges that at the time, the bucket was elevated and he was preforming work for his employer, Communications Construction Group. A true and correct copy of Plaintiff's Complaint, docketed at 03-4391 Civil Term, is attached hereto as Exhibit "A." 2. Plaintiff avers at the time of his accident, he was accompanied by a flag man who had set out orange cones and was directing traffic. See Exhibit A, ¶ 5. Plaintiff further alleges that Defendant Shoemaker was negligent for "disregarding the signals of the flag man and the signs that had been properly placed on the roadway." See Exhihit A, ~[ 13. 3. A bench trial has been scheduled for December 15, 2004 at 9:30am before the Honorable Kevin A Hess. 4. In Answer to Interrogatories, which were verified by Mr. Hope on 1/8/04, he was asked if he ever filed any other suit for personal injuries, to which he replied "no". See interrogatory and answer to interrogatory numbered 8 attached as Exhibit "B". 5. Within the past two weeks, the undersigned learned through a name search of Cumberland County Civil Actions that Plaintiff filed another suit in the Cumberland County of Common Pleas, arising from the same incident. The Complaint in that case was verified by Mr. Hope on December 18, 2003, and was filed on January 21, 20.04, against Delta Labor Services, Inc. Plaintiff alleges that Delta supplied his employer with the laborer who was directing traffic at the time of Mr. Hope's accident. Plaintiff also alleges in the complaint that this accident "was caused by reason of the negligence and carelessness of Defendant Delta Labor Services" for inter alia, "providing conflicting and/or confusing signals to motorists on the roadway particularly Kathryn T. Shoemaker." A true and correct copy of the Complaint docketed at 04-269 Civil Term, is attached hereto as Exhibit "C." 6. Additionally, Plaintiff alleges Delta was negligent for, inter alia, -2- (a) providing insufficient flag man to direct traffic; (b) insufficiently staffing the said flagging job; (c) failing to properly direct traffic and signal to motorists (d) providing inadequate training and procedures to safely direct traffic and safely flag traffic at the aforesaid date, time and place; (e) being inattentive to traffic and traffic conditions; (f) negligent per se; (g) violating statutes and regulations of the Commonwealth of Pennsylvania and violating the requirements of the Pennsylvania Code; 7. The claims alleged in the Complaint against Delta arise out of the same event as the claims alleged in the Complaint against Defendant Shoemaker. 8. Therefore, it is clear that both actions arise out of the exact same occurrence, namely, the motor vehicle accident of January 22, 2002. Additionally, both actions sound in negligence, involve identical damages and share common questions of law and fact. To the extent both defendants may be at fault for the accident, consolidation will also permit the Defendants to assert any claims they have against each other in the same action as the Plaintiff, with the obvious result being a reduction in the number of suits involving the same accident and damages and the promotion of judicial economy. 9. Pursuant to Pa.R.C.P. No. 213, "In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence, the court on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and my make orders that avoid unnecessary cost or delay." -3- 10. The purpose of Rule 213 is to "promote economy and the prompt disposition of the actions for both the Courts and the parties" and to avoid multiple trials and proceedings involving common facts or issues arising from the same transaction or occurrence. Pa. R.C.P. 213, Explanatory Comment- 1990.Id. 11. Defendant acknowledges that the request fox' consolidation is coming at a relatively late hour. However, Defendant has only recently discovered that Plaintiff filed the referenced action against Delta. Pursuant to Pa.R.C.P. 4007.4, a Party has a continuing obligation to supplement his discovery responses where "he obtains information upon the basis of which he or she knows that (b) the responses through correct when made are no longer tree." Pa.R.C.P. 4007.4(2)(b). 12. Plaintiff's verified allegations against Delta alone entitle Defendant Shoemaker to an opportunity to conduct discovery in order to identify and evaluate the factual basis for those averments, retain an expert if warranted, and, to assert a cross claim against Delta. Respectfully, these two actions cry out for Consolidation and under the circumstances, Defendant should not denied consolidation where it asked for the requested information (e.g., other suits) and was never advised of same. WHEREFORE, Defendant Kathryn T. Shoemaker respectfully requests that this Honorable Court grant her Motion to Consolidate and consolidate the actions currently docketed -4- at 03-4891 Civil Term and 04-269 Civil Term for all purposes, including discovery and thai, with all future pleadings referring to the docket numbered 03-4891. DATE: f Respectfully submitted: POST &;tSC~IE~L, P.C. il// cm~a~,,; s. I~mTZEL, Attomey~I.D. No. 56027 -5- p.2 &TTORIIB~ ID. NO. 3030G 1002 Robin DR£ve. ~e$b Chest~g~ PA 19382 (610)'399-3900 TRUE COPY FROM RECORD in.Testi~w~¥ wMreot, I here un~.sol my. ~no "~.o~. s,~,,; ~ -"r'/,,,.., · COURT OF COMMON PLEAS CUMBERLAND COUNTY ~THIt.YN'T. SHOEMAIO~R 29 Omlea Driv~ Cm,disl.% PA 17013 ¢0~.- CIVIL AC'lION &v%lo 22 03 n~.ller~ i iflsuranoe assoo ?J?2~24G2.~ , p.3 1..PlaintiffBrian A. Hope is an adult individual currently residing at49 K~yatonc Court, Honc,j Brook, Pmmylvania '2. Dcfcadant Kathryn T. Shoemaker is an adult individual residing at 29 (}arden Drive, Carlisle, Pennsylvania 17013 3. On or about January 22, 2002, nt about i.'.i5 p.m., PlatntiffBrian A. Hope, in the c. outse and scope of bis ~'mploymon! wi~h Cornmunie,,tions Construclion Group, had driven a c~i,,ue~eial bucket Iruck to a location on Sla~e Roul~ 34 (Spring Road) near 1660 Spring Road in North Middleton Township, Cumberln,ld County, Pennsylvania~ 4. Plalatiffwas one ofseveral workmen who had driven work v~hieles to ~at section of State Route 34 to perForm repair and/or rtmintena~tce on the communications 5. At the aforesaid date, t/me and place, PlaintiffBlinn A. Hope stopped and positioned his work truck so that.he would have ~cess; whli[e elv~.aled from tho htcket, to Utility Pole No. 15B1:3 and was accompanied by a flag n'~m who had set out approximately ~ orange cones around the bucket truck and. was dit~'tlng traffic. 6. ~ilpa had been pheed in the roadway of Stat~ Route ~4 to indicate to motrin that men w~'e working in the area. 7. The strobe beacon lil~ht~ on the vehicle Plaintiffh:~d driven were f~nctlonal and open~ng at the aforesaid date, time and place. SEP 24 ' 03 1~8:32 8. At the aforesaid date, time and place`.Plainciff Brin,o A. Hope was elevated apptoxJnmtciy thit, ty ~ in thc air in ~he retreaded bucket ofllhe parked commercial bucket trts~k perfonning maintenance on Utility Poic No, 151~113.. 9. At aforesaid date, thno and place Defendant Shoemaker was operating her motor vehicle northbound on State Route ~4 (Spring Road) itt North Middleton 'Township, Pennsytvania. i0. At the aforesaid date, time and place, De~endnnt Sl~oenmker disregarded the signs on the roadway and signals of the flag man, ignored the: s~robe beacon light and lite · orange cones that had been set out and proceeded'~onvm, d catiesaiy, forcln~ the man to run aside, striking the rear of the commercial vehicle above which Plaintiff'was woddns. ! i. As n result oflite impa~t, Plaintiff was ttu'own back and forth inside the elevated bucket of thc truck, 12. The accident afbrementioned was caused solely by reason of the negligence nd carat~ of the Defendant KathtTn T. Shoemaker and wa.q duc in no manna' whatsoever to. any act or lbilut~ to act on the pm ofthc P~nfiff, 13. The p.e~ligm3ce of the Det'erldant consisted ofthe fi311owJng: (a) failure to take due note ofthe point and posi~)n upon the highway of' the vehicle al:rove whit, Ii P~nt~ffwas wotkiflF,; (b) fitiitsrc to have the said motor under proper and adequate control at the SEP ::)4 * 03 ~; 32 (¢) failure to obset~ and obey' ~e tt'o~e signnb~ and cones set out upon the (d) failure to nuint~in a proper lookout; (e) failure to exercise reasonable care in operating her vehicle at the said time and place; (f) fai. lut~ to maka. appropriate observations; (g) hilure to avoid impact with the parked conUtm'cial vehicle; (h) violating various laws of thc Commonwealth of Pctmsylvanh pa~i~|ng to thc opemion ofmot~ vehicle; (i) f~ing to apply brakcs in tlmc to avoid a c, ollkqJon; (j) failure to ojx~te her vehicle in accordance with exhttng traffic conditions and traffic signs, signals and controls; 0t) disrogm'ding the signals ofthe flag man and the signs that had been properly placed on the roadw~ (l) violating 75 Pa.C.S.A. §31 ! i and §3326; (m) violating the Rules or'the Road of the Commonwealth of Pennsylvania; (n) negligence per se; (o) operating her. said vehicle while knowing and/tx' wl~ile she should bye known of her inca~city to control ~he said vehicle and make appropri,,te observ~iom; and n~ller iflso~a~e assoo ~1~2,4~246~ (p) otherwise operating said vehicle itt a careless end negligent manner a~ in a manner violating the Motor Vehicle Code of thc Commonwealth 0t' Pcnnsylvanie. 14. As a result oi~the afomn~-ntioned accidcnt and the n ~cgiil~ence end carelcs.~ess of Defendant, PlaintiffBrian A. Hope suffe, re6, severe injuries which include but are not limited to herniated discs at C3-4, C4-5' ~d C5-6; traumatic exacerbation of' cervical tlpondylotic rnyclopathy; cervical ~itrain and spmfn; radicular pein with neurologic involvement; po~t traunmtic headaches; injuries to his cervic~, thoracic end lm'rd~sacral spine, their bones, cells, tissues, nerv~, muscles end functions; injur}, to his dominant right shoulder alon~ v~th a superior labral tear an~ e SLAP lesion along with right shoLdder impingement; rotator cuff tendinits; synovitis; shock end injury to his nerves en~ nervous system, some or all of which injuries, PlsJntiffhn been advised, or may be pemun~ in nature. 15. As e result or'thc accident af'orementioncd and the negligence end carelessness oF Defendant, PialntilY ~ien A, l-lopc has uttde, rKonc an anterior cervical sUttcturei boric ~ and anterior phte fixation; an nnterior c~'vicel corpectorny at C,4-5, aloes with permencnt end dhfiguring scarring in the throat es a result of thc surge~es. Plaintiff ~urther de~l_ ~ lateral femoral cutaneous nervc .q~tptoms end ncurological dysfunction and erectile dysfunction following the bone harvesting procedure, which is nd/or nm/be permanent in nature. t6. As a resutt of~e accident a~rem~ntioucd and ~c ~ig~Cc ~d d~fid~mt of~e 1~ ~ ~d suba~ d~o~i~ o~h~ dom~t right 17, ~ a ~lt o~e a~id~t ~m~tion~d ~d ~e ne~gen~.~d ~e~ of~f~ P~Uff ~ un~e ~at physi~ p~ ~ng ~d ~ ~ ~d he ~ ~ ~t ~n~ m ~dum ~e ~e for ~ i~te ti~ the ~ M his ~ ~t ~d 1~. ~t~nc~ of~~ ~nti~ ~ n I~ o~ifl~ ~d Ion d~i~ o~his ~ ~d e~in~ ~ci~, nnd be ~ oF will c~ue to such 1~ ~ d~~ For n indefinite ~e in ~ ~M~ ~ ~s ~ ~~t nd t9. As a ~ult of~e ~id~t afor~ti~ ~d t~ ncgtig~e ~l~ o~Defe~ Pl~nflff~ ~ ~able to a~end ~to his a~ ~d d~ duti~, a~~ ~ ~n. ~ h~ ~ffe~ a I~ of Ufe's pl~ ~d ~ will co~t~ to be ~le to ~tend to ~c s~e for ~ initiate time in the ~, to ~s ~at d~mt ~d I~. 20. ~ a ~sult of~c ~i~t ~o~ti0n~ ~d ~ :~ig~ md earliness'of ~f~d~ PIMnti~ ~ obli~ m ~ ln~ ~ of money for SL=P 24 '0:~ PI=GE. 07 m~]~er ~su~anoe asgoo '7172.412~62 ,___~ his injuries and he me~ or will be obliged tx) continue to expcxtd sug sums of mon~, f~ thc same purposos~ for an indefinite time in the fiJture, alt to hie 8reel detrhnent earl lose. 2]. AS. 8 result of'die accident aforementioned end the negligence and carelessness or'the Defendant, Plaintirfhes undergone sursical pflx:edurcs and resultant scarring, including an approxinla~e 3½" scar on thf~ throat anCt a 2%" scar above his right hip which are pennan~t and disfiguring and unsightly' and PlaintifFmay in th~ future mtdergo medical procedures in oafcr to a~mpt to alleviate the scars and the unsightly appearance. 22. As a result or'the accident atorenmntioned and the negligence and carclc-.mcss of the Defendant, Plaintiff'has suffered embarrassment and humiliation · which Js ctaitinuinS and may continue into the future, to his great de~ment'and loss. 23. As a result of the accident ~orementioncd and the negligence and car=l~m~ or'the Detan&mt, PlaintliT- bm ~ pf~.rib~ tmmotic n~irmtiom in an effort to retievo his ~ md now hm a plate and ~ installed in his n~ck, which may need In be removed at tw'fh~ expmsq bm undergone extensive physical and rehabilitative then~ end hom~ exercir~ p'.mgrams and is limitt~d, in tunction and motion, whiob limitations are expected to 0ontinue into the tutum. :24. As a result of'the accident atoren~ntioned, Plaintiff'sustained losses ottools and equilmlent that he used in his employmmt and claim Js mantle For ~e lair marl(et value of said. tools and cquilxnC'nt. SEP 24 ' 0:3 98: ~ PRG~. ~8 ?~724~24~ WHEREFOP,~ Plaintiffcleirns of the deJ'endnnt herein n sum in excess of Fifty Thounnd DollnrN interest, damages for delay and costs. ';'HbMA~ MOPO]~ONDO, ESQUIRE Attorney for Plaintiff' SEP 24 ' 9:3 ~1~: :34 lo. lO BRIAN HOPE , hereby states he is ~he Plaintiff in this action, and verifies that the state,.ants made in the forego/~g Civil Action-Complaint are true and correct to the best of h;$ know,ledge, information and belte£. The undersigned understands ~hat the statemenks 2here/n are made subject to the penalties of la Pa. c.s. Section 4904 reXating to uneworn falsi~ication to au. thor~ties. ' BRIAX A. RO~E ' P~G~. i0 8. Have you ever filed suit and/or claim(s) (beside this one) for any personal injury? If so, state for each such suit: judgment. Ao The date of filing and the name and location of the Court; The present status of the suit; and If concluded, the final result, including the amount of any settlement or while she was sensitive to light due to cataracts and was not wearing sunglasses and decided to take a route to a supermarket after having been advised that road work was being performed on that section of the road. Further information will be provided. Will be supplied. None have been identified with certainty at present. Plaintiff will seasonably update this answer. See medical and vocational reports which have been provided, along with CV of Jasen Walker. 10. 11. 12. 13. 14. 15. None have been identified as yet. See police report for identities of witnesses and investigating officer; see documents from Delta Labor regarding flagging. Further information will be provided. No See vocational report of Jasen Walker and tax returns, which have been provided. I have received and am currently receiving workers' compensation benefits based upon an average weekly wage of $813.63. Plaintiff has prew[ously supplied workers' compensation lien information. As of August 7, 2003, that lien was comprised of $41,';52.62 of indemnity benefits and $60,640.90 in medical benefits. See August 18, 2003 letter to ~umes Hammel of Kemper Insurance Company. Further information will be provided. See No. 10 above. supplied. Further information will be See No. 9 and No. 10 above. be supplied. Further information will No I provided information to the investigating police officer and I did speak with co-employees and flagger at the scene. 16. No. THOMAS MORIBONDO, ESQUIRE ATTORNEY LD. N& 30306 1002 Robin Drive West Ckester, PA 19382 (6 0) BRIAN A. HOPE 49 ~o H~ PA 19344 VS. Attorney for Pbdnflff 'COURT OF COMMON P[~S CUMB~ COUNTY DELTA LABOR SERVICES, INC. 1000 Comhohod~n Ro~ Conshohook~ PA 19428 COMPLAINT - CIVIL AC~IqON A~O pemedudyor by dimmoy md h im MBi~ vdlb boogt laNMJM110N AIOUT AQeN(m8 'mAT mY OFFER LESAL IIIMG~ TO ELIOIBLE PEIIION8 AT A ~tr~m ~ IITA ~ A UN ABOOADO lIlIBDIATAMBIr11, m No IIENE M~IO 0 eBOIlINE fL, iXNIIM) 14JFI(HINII Of IBAadII TAL IIIMOO, VAYA EN II'EIISOIM O LLAII POR ~ A LA OlllalM OUYA ImlICOQN mi md0UBNlIM BlaUTA ABA, JO a~L~NIImI~ (hdilb, PA lY~8 ('~1# 1. PlaintiffBrian A. Hol~ is ~n adult individual currently r~idin$ at 49 ~ Court Hon~/orook, Penmylvania 19344. 2. Dofe~hnt Delta Labor Service, Inc. is a coq~ration organized and ex/st/hi under th~ law~ of the Conunonw~th ofPw. mylvania maintain/ns a pla~ of bu~ine~sat 1000 Consho~n Road, Conshohoeken PA, who at all times relevant hereto ~-8ularly eonduc~l business in Cumbednnd County, Pennsylvania. 3. At all times rel~ hereto, Defendant Delta Labor Servicm, thO. acted through its agen~ servants and/or employoes, and provided ro~t flagging services for 4. On or about January 22, 2002, at about 1:15 p.m., Plaint~ffBrinn A. Hope, in thz course and scope of his employment with Communi.~ttions Construction Group, had driven a c, ommexcial bucket truck to a location on Stat~ Route 34 (Spring Road) near 1660 Spr/ng Road in North Middleton Township, Cumt~rland County, Pennsylvania. 5. Plaintiff was one of szveral workmen who had driven work vehicles to that seetion of 3tate Routz 34 to pzdorm repair and/or maim~nan~ on thz 6. At tho afore~d datz, timz and place, Plaintiff Brian A. Hope stopped and positioned his work tru~k so that he would havo ace, ess, whilz elevated from its bucket, to Ut/lity Polz No. 15813. 7. At the aforesaid date, time and place, PlaintifFBrian Hope was aeeompmied by a flasman who was an a$ent, servant and/or employee of Defendant Delta Lsbor ~rviees, Inc. 8. At the ~id date, time and place, Plaintiff Brian A. Hope was elevated approxima~ly thirty feet in the air in the extended Im~ket of the parked commercial buek~ truck performin$ maintenance on Utility Pole No. 15813. 9. At aforesaid da~, time and place ~ T. :~hoemaker was operating a motor vehicle northbound on State Route 34 ($prin~ Road) in North Middle, on Township, 10. At the aforesaid date, time and place, Defendant Delta Labor Services, Inc., by and through its agents, servants and/or employees negli~nfly and carelessly failed to direct tmt~c and provide proper fla$1~ng signals to Wafl~c, particularly to Kalhryn T. Shoemsker. 11. At th~ albresaid dat~, time and place, Kat~m T. Shoemak~, while woeeeding nmthbound on S~ Ro~ 34 in North Middleton Township, Pennsylvania, struck tho rear of tim commercial vehicle above which Plaintiff was wotkin$ 12. As a result of the impact. Plaintiff was thrown back and forth inside the elevated bucket of the truck. 13. The accident afomnentioned wes cans~ by reason of the negligence end carelessness of Defendant Delta Labor Services, Inc. ac~inlg by and through their agents, servants and/or employees and mrs dtw in no mann~ W.~vcr to act or failure to act on the pm o£~. 14. The ne~li~ of Dof-s~iant Delta Labor Services, Inc., by znd through its agents, servan~ and~or employees, oomisWd of the foilc~ving.' (a) providing insu~cient ~ to direc¢ franc; (b) insuf~ciently ~ b~e s~id flaggingjob; (c) ~ to properly direct traffic end signal to motorists~ (d) providing inadequate training knd procedures to safely direct tre~c and sealy fleg tra~c et the aforesaid date, time end place; (eJ being inattentive to tnu~c end tre~c ¢~nditions; (0 u~81i~ I~r ~; (g) violalin8 mlamlom ~d ro~laliom of the Commouwoalth o£Pou~ylvauia ami violati~ limo roquiremouts of tho P~msylvania Code; (h) I~ovidi~ oo~i,~'ti~ ~ud/or ooufumi~I mi~ualm to motorists on the O) ~ing othonv~ o~e. Joms or,ogli~mt. ogDofoudaut, PlaimiffBrim~ .4.. I'Io!~ mutated movoro iujurios whioh inoludo bu~ aro not limitod to h~miated dis~ at C~4. C4-$ ~d C~-6; lrmumatio oxao~rbatiou of ~rvical spine, their bones, cells, tissues, nerves, muscles and functions;/njury to his dominant right shoulder along with a superior labral tear and a SLAP lesion along with right shoulder impingement; rotator cufftendinits; synovitis~ shock end injury to his nerves and nervous system, some or all of which injuries, Plair~fiff has been advised, are or may be permanent in nature. 16. As a result of the accident aforementioned mtd tho negligenc~ and c~relessness ofDefendm~ Plaint~Brien A. Hol~ has undergon~ an saterior cervical discectomy et C5-6; an anterior cervical fusion et C3 through C-~ with lilac crest stmctmal bone lgeft end anterior plate fi~eti~ aa anterior cervical corpectceny et C_~5, elon~ with panmneat end disfigu~_g sceaing in the throat es ~ result of the s~es. Plaintiff further developed ~ femoral cutaneous nerve symptoms and neurological dysfunction and erectile dysfunction following the bone harvesting procedure, which is aad/or may be permeneat in mtuw. 17. As a result of the accident aforementioned and tim negligence mtcl csrelessness ofDefenclent, Ple/ntiffBrien Hope has undergone aa ~scopic debridement of the lebral tear e.qd subacromiel decoration of his dominant right shoulder, along with 1 ~. As a result of tho ~cident aforementioned ~ the ne$1~ end carelessness of Defendan~ Plaintiff has undergone great physical p~t, sufferi~ and mental anguish, trod he may or will continue to endure the same for an indefinite time in thc futm-e., to his great dotrimeat and loss. 19. As a result of the accident aforementioned ~nd ti~ negligence and car~lesaness of Defendant. Plaintiff has suffered a loss ofesmings and loss and depr~iation of his earn/ngs and earning capacity, and he may or will continue to suff~ such loss and depreciation for an indefinite time in the future, to his 8reat detriment and loss. :20. As a result of the accident afomilentioned and the negligem~ and carelesaness of i)ef~tdant~ Plaintiff has been unable to attend to his t~md and daily duties, avocations and occupation, and has ~ a loss ofl/fe's pleasun~s and he nmy or w/Il continue to be unable to attend to the same for an indefinite time/n the future, to h/s great detriment and loss. 2 I. As a result of the accident aforementioned and the negligence and carelessness of Defendant, Plaintiffhas been obliged to expend larse sums of money for medicines and medical care and treatment in an effort to effect a cure and/or treatment for his injuries and he may or will be obliged to continue to exlw. nd sucih sums of money, for the same 22. As a result of the accident aforementioned arm the negligence and carelessness of the Defendant. Plaintiff has undergone surgical procedures and resultant scarring including sears on and nero' his right shoulder, an approximate 3½" sear on th/s throat and a 2½" scar above his fight hip which are permanent and disfiguring and unsightly and Plaintiff may in tho future undergo medical procedures in order to attempt to alleviate the sears and the unsightly appearance. 23. As a result of the accident aforementioned ,nd Ibc negligence stul carelessness of the Defendant, Plaintiff has stdYered emb~ras~ent and hmniliation which is mntinuing and may coutinue into the fue. ue, to his gre~t deUimant and loss. 24. As a result of the secident aforementioned snd the neglil~-nce and carelessness of the Defendant, Piaintiffhas been presort'bed nnrcotic medications in an effort to relieve his pain and now has a plate and screws ins~ed in his nook, which may need to be removed at further expense; has undefsono extensive physical and rehabilitative therapy and home exem~ prosrams and is limited in function and motion, which limitations are 25. As a result of the accident aforementioned, Plnintiff~ losses of tools and equipment that im used in his employmev, t and c!_nlm is made for the fair market value of saki tools and equipment. WHEREFORE, Plaintiffchims of tho defendant herein a sum in excess of Fifty Thousand Dollar~ interest, damages for delay and eom. / Attorney for Plaintiff VERIFICATION Brian A. Hope , he~eb~ states he is th~ plaintiff in this action, and verifies that the statenents made in the £oregoillg civil Action-Cosplain~ ace t. cue and correct to the beat of h isl~no~ledge, t~fo~ation and belief. The undersigned underetends that the statements therein a~e made subiect to the penaltAes o£ 18 Pa. C.S. Section 4904 ~elating to unawo~n ~als£~ication to authori~ies. BRIAN A. [[OPB CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail., first-class, postage prepaid: Thomas Moribondo, Esquire 1002 Robin Drive West Chester, PA 19382 POST & SCHELL, P.C. BY: GREGORY S. HIR'TZEL, ESQUIRE Attorney I.D. No. 5,5027 DATE: THOMAS MORIBONDO, ESQUIRE 1002 Robin Drive West Chester, PA 19382 (610) 399-3900 Attorney ID No.: 30306 Altomey for Plaintiff BRIAN A. HOPE COURT OF COMMON PLEAS KATHRYN T. SHOEMAKER CUMBERLAND COUNTY NO.: 2003-04891 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended upon payment of your costs, only. DATE: THOMAS MORIBONDO, ESQUIRE Attorney fbr Plaintiff