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Home My WebLink About04-0075SHEILA RIVERA, Plaintiffs ROBERT LOCKMAN and BESTWAY TRANSPORT, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Oq- : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO Le han demandado en cone. Si usted desea defender contra las demandas dispuestas en las pfiginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despu6s de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus defenses u objeciones a las demandas dispuestas contra usted el abogado le advierte que qae si usted no puede hacer asi que el caso puede proceder sin usted y un j uicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por el demandante. Usted puede perder el dinero o la caracterlstica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TEL}~FONO La OFICINA DISPUESTA ABA JO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACI6N SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, EST,A OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGON HONORARIO COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 HANDLER, HENNING & ROSENBERG, LLP Jason C. Imler, Esquire 1. D. No. 87911 1300 Linglestown Road Harclsburg PA 17110 (717) 238-2000 Attorneys for Plaintiff(s) F:\WP Directories\JJVlComplaint\MVA\rivera.wpd SHEILA RIVERA, Plaintiff V. ROBERT LOCKMAN and BESTWAY TRANSPORT, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Sheila Rivera, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esquire, and makes the within Complaint against the Defendants, Robert Lockman and BestWay Transport, Inc., as follows: 1. Plaintiff, Sheila Rivera, is an adult individual currently residing at 1914 Mulberry Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendant, Robert Lockman, is an adult individual currently residing at 1708 Manning Road, Glen Burnie, Maryland, 21061. 3. Defendant, BestWay Transport, Inc., is a corporation currently doing business at 4900 Holabird Avenue, Baltimore, Maryland, 21224. Defendant, BestWay Transport, Inc., regularly conducts business within the Commonwealth of Pennsylvania. 4. At all times material hereto, Plaintiff, Sheila Rivera, was the operator of a 1999 Honda Passport bearing Pennsylvania registration number YT-9031 (Hereinafter "Plaintiff's vehicle") which was owned by Sherril Chase-Benson. 5. At all times material hereto, Defendant, Robert Lockman, was the operator of a 1998 freightliner bearing Maryland registration number 340-F29, owned by his employer, BestWay Transport, Inc. (Hereinafter "Defendants' vehicle"). 6. At afl times material hereto, Defendant, Robert Lockman, was an agent, servant, and/or employee of Defendant, BestWay Transport, Inc., and was acting within the scope of said employment. 7. At all times material hereto, Plaintiff, Sheila Rivera, did not own a registered motor vehicle, did not have automobile insurance, and did not reside with a relative who owned a motor vehicle; therefore, Plaintiff retains full tort rights. 8. At all times material to this action, the road surface was slippery as there was snow covering the roads. 9. On or about February 26, 2003, at about 1.'18 p.m., Plaintiff's vehicle was lawfully traveling in the left southbound lane of Interstate 83, in Cumberland County, Pennsylvania. 10. At approximately the same time and place, Defendant, Robed Lockman, was traveling beside Plaintiff's vehicle in the right southbound lane of Interstate 83, in Cumberland County, Pennsylvania. 11. At approximately the same time and place, Defendant, Robert Lockman, was attempting to round a bend in the road when suddenly, and without warning, he traveled into the lefthand lane striking Plaintiff's vehicle. 12. As a result of the collision, Plaintiff's vehicle then stuck the median causing Plaintiff's vehicle to bounce back and collide with Defendant's vehicle a second time. 13. As a direct and proximate result of the negligence of the Defendant, Robed Lockman, the Plaintiff sustained extensive injuries as set forth more specifically below. COUNT I - NEGLIGENCE SHEILA RIVERA v. ROBERT LOCKMAN 14. Paragraphs 1-13 are incorporated herein as if set forth at length. 15. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Sheila Rivera, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Robed Lockman, generally and more specifically as set forth below: (a) In failing to have his vehicle under proper and adequate control so that he could have moved from one lane of traffic to the other with reasonable safety, in violation of 75 Pa. C.S.A. § 3334(a); (b) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3361; (c) In improperly changing lanes and entering Plaintiff's lane of travel, in violation of 75 Pa. C.S.A. § 3309; (d) In failing to pass promptly and safely, while exercising proper caution, which the physical presence of lawful traffic on Interstate 83 demanded, in violation of 3303(a)(1 ); (e) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided; (f) In driving in a careless manner by disregarding the safety of other drivers when switching lanes without observing the traffic in the adjacent lane, in violation of 75 Pa. C.S.A. § 3714; (g) In operating a motor vehicle inattentively; (h) In failing to be reasonably vigilant to observe the position of Plaintiff's vehicle on the roadway; (I) In operating the vehicle an excessive rate of speed under the circumstances; (j) In failing to have the vehicle under proper and adequate control; (k) In failing to keep a look-out for other vehicles lawfully on the road; (I) In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; (m) In operating the vehicle as to create a dangerous situation for other vehicles on the roadway; (n) In failing to keep the vehicle within the proper lane of travel; (o) In failing to operate his vehicle within the appropriately marked lane of travel; and 4 (p) In driving his vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 16. As a direct and proximate result of the negligence of the Defendant, Robert Lockman, the Plaintiff, Sheila Rivera, has suffered extensive personal injuries, including, but not limited to, a cervical strain, a closed head injury, multiple contusions and abrasions, neck pain and back pain. 17. As a result of the negligence of Defendant, Robert Lockman, the Plaintiff, Sheila Rivera, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 18. As a result of the negligence of Defendant, Robert Lockman, the Plaintiff, Sheila Rivera, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 19. As a result of the negligence of Defendant, Robert Lockman, the Plaintiff, Sheila Rivera, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her groat detriment and loss. 20. As a result of the negligence of Defendant, Robed Lockman, the Plaintiff, Sheila Rivera, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her groat detriment and loss. 21. As a result of negligence of Defendant, Robert Lockman, the Plaintiff, Sheila Rivera has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 22. Plaintiff, Sheila Rivera, believes and, therefore, avers that her injuries aro permanent in nature. WHEREFORE, Plaintiff, Sheila Rivera, seeks damages from Defendant, Robert Lockman, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. COUNT II - VICARIOUS LIABILITY SHEILA RIVERA v. BESTWAY TRANSPORT, INC. 23. Paragraphs 1-22 are incorporated herein as if set forth at length. 24. At all times material to this action, Defendant, Robert Lockman, was an agent, servant, and/or employee of Defendant, BestWay Transport, Inc. 25. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Sheila Rivera, are the direct and proximate result of the negligence, carelessness, and/or recklessness of BestWay Transport, Inc.'s employee, Robert Lockman. 26. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Robert Lockman, occurred while acting in and upon the business of Defendant, BestWay Transport, Inc., and within the course and scope of his employment with said Defendant. 27. Defendant, BestWay Transport, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Sheila Rivera, which include, but are not limited to, a cervical strain, a closed head injury, multiple contusions and abrasions, neck pain and back pain. 28. As a direct and proximate result of the negligence of Defendant, BestWay Transport, Inc., Plaintiff, Sheila Rivera, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 29. As a direct and proximate result of the negligence of Defendant, BestWay Transport, Inc., Plaintiff, Sheila Rivera, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 30. As a direct and proximate result of the negligence of Defendant, BestWay Transport, Inc., Plaintiff, Sheila Rivera, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 31. As a direct and proximate result of the negligence of Defendant, BestWay Transport, Inc., Plaintiff, Sheila Rivera, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 32. As a direct and proximate result of the negligence of Defendant, BestWay Transport, Inc., Plaintiff, Sheila Rivera, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 33. Plaintiff, Sheila Rivera, believes and, therefore, avers that her injuries are serious and permanent in nature. 34. Defendant, BestWay Transport, Inc., is vicariously liable for the great physical, emotional, and financial loss Plaintiff, Sheila Rivera, has suffered and will continue to endure for an indefinite period of time in the future. 35. Defendant, BestWay Transport, Inc., is vicariouslyliable for the considerable amount of wages Plaintiff, Sheila Rivera, has lost and the future loss of income and/or loss of earning capacity that will be sustained. 36. Defendant, BestWay Transport, Inc., is vicariously liable for the expenses Plaintiff, Sheila Rivera, has been compelled, in order to effect a cure for the aforesaid injuries, to spend for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 37. Defendant, BestWay Transport, Inc., is vicariously liable for hindering Plaintiff, Sheila Rivera, from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 38. Defendant, BestWay Transport, Inc., is vicariously liable for the great detriment and loss Plaintiff, Sheila Rivera, has suffered and will continue to suffer, from losing life's pleasures. 39. Plaintiff, Sheila Rivera, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Sheila Rivera, seeks damages from Defendant, BestWay Transport, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Date: /- ~'- (~y Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Jas6n C. Irnler, Esq. I.D. # 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioners VERIFICATION I verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~' Sheila Riv~ra SHEILA RIVERA, Plaintiffs ROBERT LOCKMAN and BESTWAY TRANSPORT, INC., Defendants IN THE CO~/RT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004--75 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE This is to certify that on the 8th day of January, 2004, a true and correct copy of the Complaint filed to No. 2004-75 was mailed to BestWay Transport, Inc. at their place of business located at 4900 Holabird Avenue, Baltimore MD 21224 via certified mail, return receipt requested. A copy of the Receipt for Certified Mail, No. 7003 0500 0000 7386 0762 is attached hereto. Jason C'. Imler, Esquire Counsel for Plaintiff This is to certify that on the 13th day of January, 2004, a true and correct copy of the above-noted Complaint was served upon Defendant via certified mail, return receipt requested, as evidenced by the signed Certified Mail Receipt No. 7003 0500 0000 7386 0762 attached hereto. ~I~son C<~Imler, Esquire Counsel for Plaintiff Sworn and subscribed to befor~e me this /~ day of ~~.~, 2004. Notary Public ROSANNA T, B~OC, K, Notary Public Harrisburg, D,-:J,)l~in County, PA My Commission Ex~Jres.~Oct 9, 2006 SHEILA RIVERA, Plaintiffs ROBERT LOCKMAN and BESTWAY TRANSPORT, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-75 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE This is to certify that on the 8th day of January, 2004, a true and correct copy of the Complaint filed to No. 2004-75 was mailed to Robert Lockman at his residence located at 1708 Manning Road, Glen Burnie MD 21061 via certified mail, return receipt requested. A copy of the Receipt for Certified Mail, No. 7003 0500 0000 7386 0755 is attached hereto. Jason C[ Imler, Esquire Counsel for Plaintiff This is to certify that on the 19th day of January, 2004, a true and correct copy of the above-noted Complaint was served upon Defendant via certified mail, return receipt requested, as evidenced by the signed Certified Mail Receipt No. 7003 0500 0000 7386 0755 attached hereto. ~son C~Imler, Esquire Counsel for Plaintiff Sworn and subscr~ec~ to before me this ~..~r~-day of ~ , 2004. m OFF ¢~AL USE I Certified F~e LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorney for Defendants Robert Lockman and Bestnvay Transportation, Inc. SHEILA RIVERA, : .. Plaintiff : .. V. i ROBERT LOCKMAN and : BESTWAY TRANSPORT, INC., : ._ Defendants : CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 04-75 ENTRY OF APPEARANCE & JURY DEMAND TO: THE PROTHONOTARY Kindly enter our appearance on behalf of Defendants Robcr~ Lockman and Bestway TransPoratation, Inc. in this action. A JURY TRIAL OF TWELVE (12) JURORS IS DEMANDED. By: LAW OFFICES O1~ rHOMAS J. WAGNER Attom 4C-6r D~fendeu tt~ Robert Lockman and Bestway Transport, Inc. LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorney for Defendants Robert Lockman and Bestway Transportation, lnc. SHEILA RIVERA Plaintiffs ROBERT LOCKMAN and BESTWAY TRANSPORTATION, INC. Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 04-75 CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the Entry of Appearance and Jury Demand on behalf of Robert Lockmand and Bestway Transportation, Inc. was served via U.S. mail first class postage prepaid on the follwing: Jason C. Imler, Esquire Handler, Henning & Rosenbcrg, LLP 1300 Linglestown Road ~/~ND~MSON, Esquire LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID.# 52876 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorneys for Defendants Robert Lockman and Bestway Transport, Inc. NOTICE TO PLEAD TO: PLAINTIFFS You are hereby notified to file a written response to the enclosed New Matter within twet~(~0) days from ser. ei f,9 a Ja¢ .',~ntered ~h{ is ~[~Wag~6r, Esquire SHEILA RIVERA, Plaintiff V. ROBERT LOCKNIAN and BESTWAY TRANSPORT, INC., Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 04-75 DEFENDANTS ROBERT LOCKMAN'S AND BESTWAY TRANSPORT, INC.'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendants Robert Lockman and Bestway Transport, Inc. ("Defendants") answer Plaintiffs' Complaint as follows: 1. Denied. Defendants deny the averments in this paragraph pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 2.-3. Admitted. 4. Denied. Defendants deny the averments in this paragraph pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 5. Admitted. 6. Admitted. Defendant Robert Lockman was an employee of Defendant Bestway Transport, Inc. 7.-13. Denied. Defendant Robert Lockman was not negligent. Defendants deny the remaining averments contained in paragraphs 7-13 pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). WHEREFORE, Defendants Robert Lockman and Bestway Transport, Inc. demand judgment in their favor and against Plaintiff, dismissal of Plaintiff's Complaint, an award of costs, interest and attorney's fees and any other appropriate relief. COUNT I- NEGLIGENCE SItEILA RIVERA v. ROBERT LOCKMAN 14. Defendants hereby incorporate their answers to Paragraphs 1-13 of PlaintilTs Complaint, as if fully set forth herein. 15.- 22. Denied. Defendant Robert Lockman was not negligent. Defendants deny the remaining averments in paragraphs 15-22 of Plaintiff's Complaint pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants Robert Lockman and Bestway Transport, Inc. demand judgment in their favor and against Plaintiff, dismissal of Plaintiff's Complaint, an award of costs, interest and attorney's fees and any other appropriate relief. COUNT II - VICARIOUS LIABILITY _SItEILA RIVERA v. BESTWAY TRANSPORT, INC. 23. Defendants hereby incorporate their answers to Paragraphs 1-22 of Plaintiff's Complaint, as if fully set forth herein. 24. Admitted. Defendant Robert Lockman was an employee of Bestway Transport, 2 ][nc. 25.-39. Denied. Defendants Robert Lockman and Bestway Transport, Inc. were not negligent. Defendants deny the remaining averments in paragraphs 25-39 of Plaintiffs Complaint pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendants Robert Lockman and Bestway Transport, Inc. demand judgment in their favor and against Plaintiff, dismissal of PlaintiWs Complaint, an award of costs, interest and attorney's fees and any other appropriate relief. NEW MATTER Defendants Robert Lockman and Bestway Transport, Iuc. incorporate by reference their responses to paragraphs 1-39 of Plaintiffs Complaint and aver the following as New Matter: 40. The damages alleged by Plaintiff may have been caused or contributed to by Plaintiff and, therefore, Plaintiff's claims are barred or appropriately reduced by the Pennsylvania Comparative Negligence Act. Plaintiffs Complaint fails to state a claim upon which relief can be granted. Plaintiff may have caused her own injuries and damages. Plaintiff own conduct may bar, or reduce any recovery made against 41. 42. 43. Defendants. 44. 45. 46. Defendants breached no duty that they owed to Plaintiff. Defendants were not negligent. Plaintiff s claims may be barred by the doctrines of Res ~;udicata, waiver, estoppel or the applicable statute of limitations. 47. Plaintiffs injuries/damages, if any, may have been caused by third parties or instrumentalities over which Defendants had no control, and therefore no responsibility for. 3 48. The superseding/intervening conduct of other third parties or instrumentalities may have caused Plaintiff s alleged injuries and/or damages. 49. Plaintiffmay have failed to mitigate her damages. 50. Plaintiffknowingly may have exposed herself to an obvious risk, and therefore caused her own injuries. 51. Defendants fully and completely performed all duties required by law. 52. Defendants' conduct was not a substantial factor in the cause of any of Plaintiffs' alleged injuries/damage. 53. Defendants incorporate by reference the defenses and evidentiary exclusions provided by the Pennsylvania Motor Vehicle Financial Responsibility Act set forth in 75 Pa. C. S. A. §1701 et seq. Plaintiff s alleged injuries may have been caused by a pre-existing medical 54. condition. 55. 56. Plaintiff may have suffered no damages. Defendants incorporate by reference the New Matter set forth in Pa. R. Civ. P. 1030 and required by Pa. R. Civ. P. 1032 to the extent that those defenses are applicable. 57. Defendants owed no duty to Plaintiff. 58. Plaintiff's claims are barred by his failure to acquire the required financial responsibility for operation of a motor vehicle. 59. Plaintiffs injury and economic claim are barred by her choice of limited tort insurance or lack of insurance. 60. Plaintiffs alleged injuries fail to satisfy the limited tort threshold and she is barred fi.om recovery. 4 WHEREFORE, Defendants Robert Lockman and Bestway Transportation, Inc. demand judgment in their favor and against Plaintiff, dismissal of Plaintiff's Complaint, an award of costs, interest and attorney's fees and any other appropriate relief. LAW OFFICES OF THOMAS J. WAGNER ( BY: THOM0f Attorneys] Bestway msportation, Inc. 1:50P~1 2zBESTWAY TRANSPOR" INC LAUOFFZCF_S'r,~u~SNER No,218'- VERIFICATION I, Randolph Valentine, ara an ~mploycc ofD~fo~da~t Bostway 7r~spm% Inc. Md am authorized to make thi~ veri~c~tion on behalfofBcstway Transport, lac. I vorify that this D~fcndants' Answer to Plaintiff's Comphint with New Matter is ~zue ~o thc be,~t of my }mowledge. This verification is made subject to th* pmaltics of 1 ~: Pa. C.8.§4904 relating to ~mswom falsifl~tion to authorities. RANDOLPH VALENTINE LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #$2876 1528 WALNUT STREET, SUITE $01 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorney for Defendants Robert Lockman and Bestway Transportation, Inc. SHEILA RIVERA, Plaintiff ROBERT LOCKMAN and BESTWAY TRANSPORT, INC., Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 04-75 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Defendants' Answer to Plaintiff s Complaint with New Matter was served via U.S. mail first class postage prepaid on the following: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Dated: LAW OFF[/~ iF~S OF THOMAS J. WAGNER Atlome~ for Defendants Robert Lockman and Bestway Transport, Inc. LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorney for Defendants Robert Lockman and Bestway Transportation, Inc. SHEILA RIVERA, CUMBERLAND COUNTY Plaintiff Vo ROBERT LOCKMAN and : BESTWAY TRANSPORT, INC., : : Defendants : COURT OF COMMON PLEAS : No.: 04-75 PRAECIPE TO SUBSTITUTE VERIFICATIONS OF DEFENDANT~ TO THE PROTHONOTARY: Kindly substitute the attached verifications of Robert Lockman and Randolph Valentine for the verification of Randolph Valentine, which was submitted with Defendants Answer to Plaintiff's Complaint with New Matter. LAW OFFICES OF THOMAS J. WAGNER BY: THOq NER, ESQUIRE Attont yj~ t~.~]th0/Defendants Robert Lockman and B~ gway Transport, Inc. VERIFICATION I, Randolph Valentine, am an employee of Defendant Bestway Transport, Inc. and am authorized to make this verification on behalfofBestway Transport, Inc. I verify that this Defendants' Answer to Plaintiff's Complaint with New Matter is tree to the best of my knowledge. This verification is made subject to the penalties of 18 Pa. C.S.§4904 relating to unswom falsification to authorities. Dated: VERIFICATION I, Robert Lockman, am a Defendant in this action. I verify that this Defendants' Answer to Plaintiff's Complaint with New Matter is tree to the best of my knowledge. This verification is made subject to the penalties of 18 Pa. C.S.§4904 relating to unswom falsification to authorities. ROBERT LO~I~viAN Dated:///~ ~ ~t~)d/ LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorney for Defendants Robert Lockman and Bestway Transportation, Inc. SHEILA RIVERA CUMBErlAND COUNTY Plaintiffs ROBERT LOCKMAN and : BESTWAY TRANSPORTATION, INC. : Defendants : COURT OF COMMON PLEAS No.: 04-75 CERTIFICATE OF SERVICE The undersigned certifies that the Defendants' Praecipe to Substitute Verifications was served via U.S. mail first class postage prepaid on the date indicated below on the following: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Livingston Road Harrisburg, PA 17110 DATED: Attomeq !'~. T~HOMSON, ESQUIRE for the Defendants Robert Lockman and Bestway Transport, Inc. F:\WP Directories\JFL\pleadings\new matter\rivera.wpd SHEILA RIVERA, Plaintiff v. : NO. 2004-75 ROBERT LOCKMAN and : BESTWAY TRANSPORT, INC., : CIVIL ACTION - LAW Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Sheila Rivera, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason~ C. Imler, Esq., who answers Defendants' New Matter as follows: 40. Denied. The averments in Paragraph 40 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 41. Denied. The averments in Paragraph 41 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 42. Denied. The averments in Paragraph 42 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 43. Denied. The averments in Paragraph 43 of Defendants' New Matter contain conclusions oflawto which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 44. Denied. The averments in Paragraph 44 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 45. Denied. The averments in Paragraph 45 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically ~'lenied, with strict proof thereof demanded at the time of trial. 46. Denied. The averments in Paragraph 46 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 47. Denied. The averments in Paragraph 47 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 48. Denied. The averments in Paragraph 48 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 49. Denied. The averments in Paragraph 49 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 50. Denied. The averments in Paragraph 50 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 51. Denied. The averments in Paragraph 51 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 52. Denied. The averments in Paragraph 52 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 53. Denied. The averments in Paragraph 53 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 54. Denied. The averments in Paragraph 54 of Defendants' New Matter contain conclusions of law to which no response is required. How,sver, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 55. Denied. The averments in Paragraph 55 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 56. Denied. The averments in Paragraph 56 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 57. Denied. The averments in Paragraph 57 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 58. Denied. The averments in Paragraph 58 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined 4 that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 59. Denied. The averments in Paragraph 59 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 60. Denied. The averments in Paragraph 60 of Defendants' New Matter contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. WHEREFORE, Plaintiff, Sheila Rivera, respectfully requests that this Honorable Court dismiss Defendants' New Matter and enter judgment in her favor. Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Jas . , q. ' I.D. # 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys, for Petitioner 5 LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire By: William F. O'Shea, III, Esquire ID: #52876/82734 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 SHEILA RIVERA . : Plaintiffs : : v. No.: 0.4-75 ROBERT LocKMAN and ' BESTWAY TRANSPORTATION, INC. : Defendants Attorney for Defendants Robert Loclonan and Bestway Transportation, Inc. CUMBERLAND COUNTY COURT OF COMMON pLEAS MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES Defendants Robert Lockman and Bestway Transporation, Inc. move pursuant to Pa. R. Civ. p. 4019(a)(1)(I), (VI1), and (VIII), seeking to compel Plaintiff to respond to Defendants' Interrogatofes addressed to Plaintiff and to respond to Defendants' Request for Production of Documents and Plaintiff's authorizations for the release of Plaintiff's medical, insurance, and employment records, and in support thereof, state: 1. On March 15, 2004, Defendant served Inte~xogatories and Document Requests pursuant to Pa. R. C.P. 4009.11 on Plaintiff. (Exhibit "A'")· 2. Plaintiff served an unverified response to Defendants' Interrogatories on June 8, 2004. (Exhibit"B"). 3. Plaintiff has not responded to Defendants' Request for Production of Documents. 4. Plaintiff has failed to serve sufficient Answers to Interrogatories pursuant to Pa. R. C.P. 4005. Plaintiff has failed to Answer each Interrogatory submitted by Defendants. 5. Plaintiff's Response to Interrogatory 1 (i) is non-responsive. Plaintifffails to identify her employer's address, telephone number and supervisor's name. 6. Defendants' Interrogatory 2(d) requests Plaintiffto, "Please describe, with particularity and without reference to the averments of the Complaint, the alleged acts of negligence that YOU claim that each Defendant committed.", and Defendants' Interrogatory 2(e) request Plaintiff to, "Please describe how these acts caused your accident or injury". 7. Plaintiffresponds to Defendants' Interrogatory 2(d) by replying, "See Police Report. By way of further answer, the answering Plaintiffreserves the fight to supplement this Answer prior to the time of trial." Plaintiff responds to Defendants's Inten'ogatory 2(e), "By way of further answer, see the attached police report and medical records. By way of further answer, the answering Plaintiffreserves the fight to supplement this Answer prior to the time of trial.' PlainfiWs responses to Defendants' Interrogatories number 2(d) and 2(e) are non- responsive. 9. Defendants' Interrogatory 2(0 asks Plaintiff, "Did any conversations concerning this accident ever occur after the accident?" 10. Plaintiffreplies to Defendants' Interrogatory 2(t), "objection. Answering Plaintiff objects to Interrogatory 2(0 to the extent that it seeks a legal conclusion and information protected by the attorney-client privilege." 11. Plaintiff's response to Defendants' Interrogatory 2(0 is inappropriate. Plaintiff's objection of attorney-client privilege does not cover the statements of parties and witnesses. 12. Defendants' Interrogatory number 4 asks Plaintiff, "Are you aware of or have you obtained a statement or statements relating to your claim or the factual circumstances of this lawsuit?" l 3. Plaintiff s response to Defendants' Interrogatory number 4 is non-responsive. Plaintiffresponds to Defendants' Interrogatory number 4 by replying, "See police report. By way of further Answer, the answering Plaintiff reserves the right to supplement this Answer prior to the time of trial." Plaintiff either possesses statements or does not possess statements and Plaintiff should either provide the statements and reply that they have sta~Iements or reply that they have no statements. 14. In response to Defendants' Interrogatory number 5, Plaintiff states that she has photographs of her alleged injuries. However, Plaintiffdoes not !provide the photographs which she says that she has. in addition Plmnt~ff~dent~fies that afamdy~nember took the photographs but Plaintiff does not identify this family member. 15. Plaintiff's Answer to Defendants' Interrogatory number 8 is non-responsive. Defendants' Interrogatory number 8 request Plaintiffto: Please state whether you claim that any such injury as se~L forth in your Answer to the proceeding Interrogatory is permanent, and, if so, please describe the permanent injury, the basis for your belief that the injury/condition is permanent, i.e., why do you believe that it is permanent? 16. Plaintiff responds to Defendants' Interrogatory :number 8 by replying, "My foot just hasn't been the same. By way of further answer, see the attached medical records." Plaintiff's response to Defendants' Interrogatory number 8 is non-responsive because Plaintiff does not describe why she believes whatever condition she has in her foot is permanent. 17. Plaintiff does not respond at all to Defendants' Interrogatory number 10. She fails to identify every healthcare provider who she has consulted or been referred to for examination due to this accident. 18. Defendant's Interrogatory 15 (a) seeks a description of the duties and/or activities Plaintiffhas been unable to perform. Plaintiffhas failed to respond to this question. 19. Plaintiffresponds to Defendants' Interrogatory number 16 that she will be making a claim for loss of earnings or impairment of earning power. However, Plaintiff does not give the amount of her claimed loss, whether it is continuing, or how she calculates that amount. 20. Plaintiff responds to Defendants' Interrogatory number 17 that she has suffered another financial loss of, "Outstanding medical bills and liens." However, Plaintiff does not state in detail the nature, date and amount of each of these additional lo,.sses. 21. Plaintiffhas not provided written and verified responses to Defendants' Request for Production of Documents. Plaintiff has provided medical documents and tax information. 22. Plaintiff, in addition, has failed to provide all materials sought by Defendants' Document Requests. 23. On June 21,2004, Defendant requested that Plaintiff provide more specific Answers to Interrogatories as well as provide responses to Defendant's document request and signed Plaintiff's authorizations for the release of Plaintiff's medical, insurance, and employment records. (Exhibit "C"). 24. To date, Plaintiff has not responded to Defendant's requests. WHEREFORE, Defendants submit that they are entitled to and Order compelling Plaintiff Sheila Rivera to provide written and verified responses to each of Defendants' Interrogatories and to provide written and verified responses to each of Defendants' Request for Production of Documents and to provide all documents requested in the form of Order attached. Dated: By: LAW OFFICES O THOMAS J. WAGNER THOMAS J. WAGNER, ESQUIRE WILLIAM F. O'SHEA, III, ESQUIRE Attorneys for Defendants Wyoming Auto Repair LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 SUITE 501 1528 WALNUT STREET PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attoraey for Defendants RobeJ~t Lockman and Bests'ay Transport, Inc. SHEILA RIVERA Plaintiff ROBERT LOCKMAN and BESTWAY TRANSPORT, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW No.: 04-75 CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing Motion to Compel was served on October 15, 2004, 2004 via first class mail, postage prepaid on: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 By: LAW OFFICES OF THOMAS J. WAGNER WILLIAM F. O'SHEA, III, ESQUIRE Attorney for Defendants Robert Lockman and Bestway Transport, Inc. LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorney for Defendants Robert Lockman and Best~vay Transport, Inc. SHEILA RIVERA, . Plaintiff : v. : No.: 04-75 ROBERT LOCKMAN and ' BESTWAY TRANSPORT, Inc., · CUMBERLAND COUNTY COURT OF COMMON PLEAS Defendants -- -- DEFENDANTS' iNTERROGATORIES ADDRESSED TO pLAINTIFF serve these Interrogatories to Plaintiff, to be answered and responded to Defendants supplemented thereafter as new information may within thirty (30) days of service hereof, and become available, pursuant to the Rules of Civil Procedure. DEFINITIONS As used in these Interrogatories, the following words shall have the meaning set forth below: 'YOU" means Sheila Rivera - the parties to whom these discovery requests are addressed, together with that party's attorneys, agents, servants, and anyone else acting on that party's behalf ,,ACCIDENT" means the accident, event or alleged injury-producing occurrences as set forth in your Complaint. "IDENTIFY" means to set forth the full and comple~Ie name, address and telephone number of an individual or entity. 'HEALTH CARE PROVIDER" means any and all doctors of medicine or osteopathy, · . · therapists, psychologists, hospital, clinic, physicians, chiropractors, podiatrists, nurses, physical or medical equipment provider. nursing home, pharmacy and/or anY health care professional INTERROGATORIES 1. Please state the following: your full name; any other names you have used or been known by:; (c) your date of birth (d) your Social Security number; (e) your present home address; (f) Any other addresses you have resided at for the: period of time from five (5) years before the ACCIDENT to the present; status at the time of the ACCIDENT, the identity of the person to your marital . ~. _ ...u~ ,h ardaue was entered into; whom ~og)u were married, the date & location w~ ..... e m .. (h) your present marital status the identity of the person to whom you were married, the date & location where the marriage was entered into; status now and at the time of the accident, along with your (i) Your employment . , employer's address, telephone number and supervisor s name (a) Please state the following with respect to the ACCIDENT: the date, time and day of the week the ACCIDENT occurred; the place where it occurred, including the streets, town or city, and state. (c) please describe, in your own words, without reference to the averments of the Complaint, how your ACCIDENT occurred. (d) please describe, with p rticularity and without reference to the averments of the Complaint, the alleged acts of neglig~ce that YOU claim that each Defendant committed. (e) please deschbe how these acts caused your accident or injury. (f) did any conversations concerning this ACCIDENT ever occur after the ACCIDENT? ith articuladty the exact words and/or the substance of any (g) if so, please state w, ~P~,,-,Tr~cx~r between and/or among any party, witness, conversations that occurred after tt~e ~,~,,-,~,-~ ' person or you. Please state the date, time, and location of these conversations/discussions. Identify those persons who were involved in each. 4 3. Please IDENTIFY ("Identify" means give the nmnes, addresses and telephone numbers) all of the following individuals; (a) those who actually saw, or witnessed, the ACCIDENT, or any part or aspect of the ACCIDENT; (b) those who have any knowledge or information, including those who have conducted investigations, concerning anY facts pertaining to the cause or consequences of the ACCIDENT or of the acts alleged in the Complaint; (c) Those who are witnesses to your claim of injury and the extent of those injuries. (d) all witnesses whom YOU expect to call at the trial and/or arbitration of this matter, and a summary of their expected testimony. (e) Please identif~ each person who has any evidence e~r who can offer testimony to support your claim against Defendants and provide a summa~#description of the factual materials in their possession. 4. Are YOU aware of or have you obtained a statement or statements relating to your claim or the factual circumstances of this lawsuit? If yes, please state the following: 6 (a) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual who has given any statement; (b) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual who obtained any statement; (c) Was the statement written or oral; and the date and place and time that each statement was obtained; TIFY each person and/or entity who presently has custody of the (d) IDEN · - ~--~.~-~ *he factual ,substance of each statement. original or a copy of any statement ano u~xo,~ ~,, ' 7 OU or your attorney are aware of or have obtained any 5. Please state whether Y ,, ~. ..... thet thin~,, including Plaintiff's or maps, charts, drawings anwor magrams or any u :,' photographs, subject maVter of this action. your/their alleged injuries, relating to the If yes, please state the following: (a) the subject matter of each such item of physical and/or documentary evidence; " ti "means give the names, addresses and telephone numbers) (b IDENTIFY ( Iden fy · ~ ~ '--,~ ,~f n vsical and/or documentary evidence, · ,: !- · ,- ~--~:'-'~d and/or createa sucn each lnOlVlOUa[ WhO ootam,~ ' the date such item was created or prepared; " nti "means give the names, addresses and telephone numbers) (c) IDENTIFY ( Ide fy ...... ~., ,,r, e ori~,inal or a copy of any such item of each person and/or entity who presenuy nas cu~tuuy ,,--h :, physical and/or documentary evidence. (d) Produce the evidence. 8 · ex ert witnesses and do you expect to offer any expert 6. Do YOU .mten. d.~o ~al_l a~n_yai,,,P 'al of this matter? If so, please state the following: testimony of any sort at the arbitration oa~u,,,, trl (a) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every such expert witness; ·nal background, field of expertise, professional experience, (b) the.edu,c.att.o.5 ~,-~s}~onal societies, employment expe.nence and court Dersnl tn tu~,~ ' publications, mere p t, such expert w~tness appearances, including transcribed depositions, of each 9 (c) the subject mtter as to which such expert witnes:} is expected to testify, including the substance of the facts an~aopinions of such testimony, and a summary of the grounds for each such opinion. 7. Please state each and every injury and condition, including scars and/or disfigurement, which you allege you sustained as a result of the ACCIDENT. (a) Have any of these injuries affected your daily activities or life in any way? (b) How? (Kindly describe your claims completely.) 10 claim that any such injury as set forth in you answer to the 8. Please state whether _y._o_u~__, o,,d if so, vlease describe the permanent injury the basl, sv receding Interrogat.ory. ls. p · .- · I e., wh do you beheve it is permanent. ~;r your belief that the lnjury/condltl°n is permanent . Y Please identify ("Identify" means give the names, addresses and telephone numbers) all family and personal physicians who have cared for you in the past ten (10) years. 11 Please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) lea0~h and every HEALTH CARE PROVIDER with whom or which you have consulted or been referred to for examination and/or treatment as a result of the injuries you allege to has sustained due to the ACCIDENT, including the dates of examination and/or treatment, and the charges for such examination and/or treatment. 12 11. Are you still receiving treatment for the injuries you allege to have sustained in your ACCIDENT?. (a) What treatment are you still receiving? (b) Identify ("Identify" means give the names, addresses and telephone numbers) the individual(s) from whom you are still receiving treatment?. (c) How frequently, when and where are you receiving this treatment? (d) If you are no longer receiving treatment, please state when and by whom you were last examined or given treatment for such injuries and say why you were discharged. 13 12. Have you suffered any injuries, trauma or illness requiring medical care before or after the accident that is the subject of this lawsuit? (a) Describe the nature of each injury, trauma and/or illness. (b) State when, where and how each happened. (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each HEALTH CARE PROVIDER which treated you for such injury, trauma and/or illness. 14 Did you recover from this/these injuries. If so, kindly state the date of recovery. 13. Have you ever made a claim for any m3unes s~milar to those made in this lawsuit? (a) If so, kindly identify to whom the claim was made, why it was made, how and when the claim was resolved. 14. Were you involved in any trauma, accidents or injuries after this ACCIDENT? (a) If so, how many? What happened in each to cause the accident and/or injuries? 15 (c) What did you injure in each? (d) If so, please state whether you had recovered from the injuries you say you suffered in this lawsuit prior to sustaining any injuries after this accident. (e) If so, please state if and how the subsequent injuries affected any injuries you identified in your Answer to Interrogatory No.7 above. 15. Please state whether, as a result of the ACCIDENT, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the ACCIDENT, stating with particularity: (a) the duties and/or activities you have been unable to perform; 16 (b) the periods of time you have been unable to perform each such activity; and (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual having knowledge thereof. 16. Are you are making a claim for loss of earnings or impairment of earning power because of the ACCIDENT? If so, please state the following: (a) the amount of your claimed loss, whether it is continuing, and how you calculate the amount; 17 (b) please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every one of your employers during the fiw: (5) year period preceding the ACCIDENT, and state, for each such employer, your job title, dates of employment, rate of pay, and description of job duties; (c) all dates during which you allege you were m~able to work as a result of the ACCIDENT, and the date you first returned to work at~er the ACCIDENT; (d) please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every one of your employers since the ACCIDENT, and state, for each such employer, your job title, dates of employment, rate of pay, and description of job duties; 18 (e) Kindly provide your adjusted gross income and your net income after taxes as set forth and reported on your Federal Income Tax returns for each of the five years preceding the ACCIDENT, the year of the ACCIDENT, and each year subsequent to the ACCIDENT; (f) if self-employed, state the address of your usual place ofb usiness, the name under which you operate it, the nature of your business, name and address of yom; accountant, amount you claim to have lost as a result of the ACCIDENT and how same was calculated; 19 (g) if self-employed, state the name and address of each employee hired as a result of your disability, if any, and the date of such employment and the amount of money paid to each such employee. 17. Did you have or are you claiming that you suffered any other financial loss as a result of the ACCIDENT, in addition to those set forth in your answers to Interrogatories Nos. 10 and 16. (a) If so, please state in detail the nature, date and amount of each such additional loss. (b) Is there any evidence anywhere that could help prove the existence or extent of this loss, other than you own oral testimony, i.e., your own say-so? (c) Kindly describe exactly what it is. 20 (d) If a clmm ~s made for household help, please IDENTIFY ("Identify" means g~ve the names, addresses and telephone numbers) each such person employed, and state whether or not you had any household help prior to the ACCIDENT, the amount paid to any such person both before and after the ACCIDENT, and the period of employment of any such person. 18. Have you ever, at any time, been involved as a party, either Plaintiff or Defendant, in any legal action of any kind other than the present lawsuit? If so, please state the following: (a) the names of the patties to the other legal actions, the court in which the action was filed, and the court term and number of the action (b) the nature of any injuries that you complained of, if injuries to you were involved; 21 (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) the attorneys representing you and all other parties in these other legal actions; (d) IDENTIFY, ("Identify" means give the names, addresses and telephone numbers) if applicable, each and any insurance company involved in the other legal action; and (e) whether the other legal actions have been terminated, and, if so, the results of the trial and, if applicable, settlement, including amounts. 22 19. Have you ever been convicted of a crime or spent time in custody? If so. please state the following: (a) IDENTIFY each and every crime for which you were convicted, the date(s) of your conviction(s), and the court term and number of the criminal proceeding(s) against you and the location of the institution where you were in custody. 20. Were you covered by any insurance in any way, whether they paid, will not pay or may be obligated to pay you any benefits as a result of the ACCIDEN'r, including but not limited to accident insurance, health insurance, automobile No-Fault insurance, uninsured and/or underinsured motorist insurance, and/or workers' compensation insurance? (a) If so, IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each such insurer; 23 (b) the type of insurance afforded by each insurer (c) the policy number, claim number, named insured, policy period and limits of liability for each such insurer; (d) what payments, if any, have been made by each such insurer. 21. Do you have a vehicle operator's license? If so, please state: (a) the state and date that the license was issued; 24 (b) Whether it has been suspended or revoked for any reason; (c) Why and when it was suspended or revoked; 22. Have you asserted any claim against any other party, insurer, person or entity to recover any damages, losses or money that are related in any way to th s accident. If so, (a) Kindly identify the other party, insurer, person or entity ("Identify" means give the names, addresses and telephone numbers): Dated: , -' ' By: LAWOI~FIC~;S/OF THOMAS (... ,'(/' ,,,Xx Tho'm~s J.~"a?ner, Esquire Attorne, ~o)rlD{~end~tnts Robert and Bestway Ti~anspmt, Inc. J. WAGNER Lockman 25 SHEILA RIVERA, PLAINTIFF ROBERT LOCKMAN and, BESTWAY TRANSPORT, Inc., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-75 CIVIL ACTION ' LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSES TO DEFENDANTS' INTERROGATORIES Tol Robert Lockman and, Bestway Transport, Inc. c/o Thomas J. Wagner, Esq. LAW OFFICES OF THOMAS J. WAGNER 1528 Walnut Street, Suite 501 Philadelphia, PA 19102 ATTACHED are Plaintiff's Responses to Defendants' Interrogatories. Respectfully submitted, HANDLER, HENNING & ROSENBERG DATE: BY: Jason C. Imler, Esquire ID# 87911 1300 Linglestown Road Han'isburg, PA 17110 (717) 238-2000 LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 1528 WALNUT STREET, SUITE 501 pHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorney for Defendants Robert Lockman and Bestway Transport, Inc. CUMBERLAND COUNTY SHEILA RIVERA, ' Plaintiff ' V. ROBERT LOCKMAN and : TRANSPORT, Inc · BESTWAY " Defendants COURT OF COMMON PLEAS No.: 04-75 DEFENDANTS' iNTERROGATORIES ADDRESSED TO PLAINTIFF Defendants serve these Interrogatories to Plaintiff, to be answered and responded to within thirty (30) days of service hereof, and supplemented thereafter as new information may become available, pursuant to the Rules of Civil Procedure. DEFINITIONS As used in these Interrogatories, the following words shall have the meaning set forth below: 'YOU" means Sheila Rivera - the parties to whom these discovery requests are addressed, together with that party's attorneys, agents, servants, and anyone else acting on that party's behalf "ACCIDENT" means the accident, event or alleged injury-producing occurrences as set forth in your Complaint. "IDENTIFY" means to set forth the full and complete name, address and telephone number of an individual or entity. 'HEALTH CARE PROVIDER" means any and all doctors of medicine or osteopathy, physicians, chiropractors, podiatrists, nurses, physical therapists, psychologists, hospital, clinic, nursing home, pharmacy and/or any health care professional or medical equipment provider. INTERROGATORIES 1. Please state the following: (a) Co) your full name; Sheila Rivera Manzo any other names you have used or been known by; No (c) (d) your date of birth January 11, 1979 your Social Security number; 176-60-8587 (e) your present home address; 1914 Mulberry Street Harrisburg, PA 17104 (f) Any other addresses you have resided at for the period of time from five (5) years before the ACCIDENT to the present; (g) your marital status at the time of the ACCIDE;NT, the identity of the person to whom you were married, the date & location where the marriage was entered into; Single (h) your present marital status the identity of the person to whom you were married, the date & location where the marriage was entered into; Single (i) Your employment status now and at the time of the accident, along with your employer's address, telephone number and supervisor's name At the time of the crash, I was working for True Temps. 2. Please state the following with respect to the ACCIDENT: (a) the date, time and day of the week the ACCIDENT occurred; The crash occurred'on Wednesday, February 26, 2003, early in the afternoon. (b) the place where it occurred, including the streets, town or city, and state. The crash occurred on Interstate 83. By way of i5~rther answer, see the attached police report. (c) please describe, in your own words, without ret3xence to the averments of the Complaint, how your ACCIDENT occurred. The crash occurred as I was traveling on 1-83 - :just south of the split with 581, l was in the inside lane and was doing 25 mph, x~zhen a truck hit me on the passenger side. I saw him moving to my lane to let traffic from an entry ramp that was entering traffic in the lane the track was moving from. . ' . 'th articularitY and without reference to the averments of the please describe, w~ P _ . ,~,-,~ ~oi~ each Defendant committed (d) the alleged acts of negligence mar x~,u ....... that ' ' Complaint, See police report. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (e) please describe how these acts caused your accident or injury. · attached police report and medical records. By By way of further answer, see the way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (f) did any conversations concerning this ACCIDENT ever occur after the ACCIDENT? OBJECTION. Answering Plaintiff objects to Interrogatory #2f to the extent that it seeks a legal conclusion and information protected by the attorney client privilege. state with Carticularity the exact words and/or the substance of any (g) ~f so. please .... ~ ,~,~r~:*,~'r between and/or among anY party, witness, conversations that occurrea after me ~,~,~,-,~,'- person or you. Please state the date, time, and location of these conversations/discussions. Identify those persons who were involved in each. OBJECTION. Answering Plaintiff obiects to Interrogatory #2g to the extent that it seeks a legal conclusmn and mfonnatmn protect:d by the attorney client privilege. 4 3. Please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) all of the follo~ving individuals; (a) those who actually saw, or witnessed, the ACCIDENT, or any part or aspect of the ACCIDENT; See police report. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (b) those who have any knowledge or information, including those who have conducted investigations, concerning any facts pertaining to tk~e cause or consequences of the ACCIDENT or of the acts alleged in the Complaint; See police report. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (c) Those who are witnesses to your claim of injury and the extent of those injuries. 5 My family members are witnesses to my iniury claim and the extent of my iniuries. Maria Otero 1914 Mulberry Street Harrisburg, PA 17104 (717) 236-1137 Griselle Olivo 1914MulberrySwe~ Harrisburg, PA 17104 (717)236-1137 (d) matter, and a summary of their expected testimony. Jose Olivo 33 S. Summit Harrisburg, PA 1'7104 Charlene Chase Camp Street Harrisburg, PA 17110 Cheryl Chase Chambers Hill Road Harrisburg, PA all witnesses whom YOU expect to call at the trial and/or arbitration of this Not known at this time. By way of further answer, answering Plaintiffreserves the right to supplement this answer prior to the time of trial. (e) Please identify each person who has any evidence or who can offer testimony to support your claim agains, t Defendants and provide a summary/description of the factual materials in their possessmn. See responses to Interrogatories 3a - 3c. 4. Are YOU aware of or have you obtained a statement or statements relating to your claim or the factual circumstances of this lawsuit? See police report. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of tria]~. If yes, please state the following: 6 (a) IDENTIFY ("Identiff' means give the names, ad&esses and telephone numbers) each individual who has given any statement; (b) IDENTIFY ("Identiff' means give the names, addresses and telephone numbers) each individual who obtained any statement; (c) Was the statement written or oral; and the date and place and time that each statement was obtained; (d) iDENTIFY each person and/or entity who presently has custody of the original or a copy of any statement and describe the factual substance of each statement. ' photographs, maps, charts, drawings aha/or omgt attorney are aware of or have.obtain.ed .any Please state whether YOU or,y. our -- ' in includm Platntfft's or 5. " ' --ams m any other th g, g your/their alleged injuries, relating to the subject matter of this action. Yes If yes, please state the following: (a) the subject matter of each such item of physical and/or documentary evidence; Photographs taken in the hospital of my injuries. (b) IDENTIFY ("Identify" means give the names, ad, dresses and telephone numbers each individual who obtained and/or created such item of physi,~al and/or documentary evidence, the date such item was created or prepared; A family member. [FY "Identify" means give the names, addresses and telephone numbers (c) IDENT. ! ., - ,,~mav nf the ori ainal or a copy of any such item of each person and/or entity who presenuy nas c ..... j -- - physical and/or documentary evidence. Sheila Rivera (d) Produce the evidence~opies to be forWarded. By way of further answer, the answering Plaint reserves the ~ight to supplement this answer prior to the time of trial. 6n¢ ~ ' '~ ' p tare the following: testimo of (a-c) Not known at this time. By way of fixrther answer, the answering Plaintiff reserves the right to supplement this ~mswer prior to the time of trial. (a) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every such expert witness; (b) the educational background, field of expertise, professional experience, publications, membership in professional societies, employment experience and court appearances, including transcribed depositions, of each such expert witness 'ect matter as to which such expert wimess is expected to testify, including (c) the subj ~ . .... ~, .~,~,,,~ v and a summary of the grounds for each the substance of the facts ana oplmons or such ~oL,~,,,n~, . . such opinion. 7. Please state each and every injury and condition, including scars and/or disfigurement, which you allege you sustained as a result of the ACCIDENT. Injuries included the back of my head, an open injury to the left side of my eye, muscle spasms associated with a spinal cord injury, a dislocated pelvis, vertebra pushed forward, and a pinched nerve in my foot. By way of further answer, see attached medical records. (a) Have any of these injuries affected your daily activities or life in any way? Yes. (b) How*. (Kindly describe your claims completely.) 10 My injuries have affected my life in the following manners, including but not limited to my ability to do any of the activities I was able', to do before this crash, I get real bad headaches, and my left leg gives me problems. I am unable to perform the duties of my job, including heavy lifting or standing on my feet for long periods of time. I have difficulty doing household chores, and my social life has been limited in that I can no longer go out to clubs dae to the loud noise causing headaches and slight loss of vision. · ' at an such injury as set forth in you answer to the 8. .Please state wh~i~e;~n~i~it,mantl~, ifsYo, please describe thd permanent injury the basis preceding Inte.rr. ogat.ou.. P , ~:,:^- :~ ,-o,~anent I e, why do you believe it is permanent? for your belief tttat We mjury/conumu~t ~o l/ ........ My foot just hasn't been the same. By way of further answer, see the attached medical records. Please identify ("Identify" means give the names, addresses and telephone numbers) all family and personal physicians who have cared for you in the past ten (10) years. Hershey Medical Center 500 University Drive Hershey, PA 17033 (717) 531-8834 Pinnacle Health Medical System Polyclinic Hospital 2501 N. Third Street Harrisburg, PA 17110 (71'7) 782-4141 11 ,, ' "means give the names, addresses and telephone numbers) 0 Please IDENTIFY ( Ident~_fY · or which you have consulted or been 1 . ~ T.~, ALTH CARE PROVIDER w~th whom each aha every n~ referred to for examination and/or treatment as a result of the injuries you allege to has sustained due to the ACCIDENT, i~ncluding the dates of examination and/or treatment, and the charges for such examination md/or treatment. See the attached medical records. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. 12 11. Are you still receiving treatment for the injuries you allege to have sustained in your ACCIDENT'?.. To the best of my knowledge, no (a) What treatment are you still receiving? (a-c) Not applicable. (b) Identify ("Identiff' means give the names, addresses and telephone numbers) the individual(s) from whom you are still receiving treatment?. (c) How frequently, when and where are you receiving this treatment? (d) If you are no longer receiving treatment, please state when and by whom you were last examined or given treatment for such injuries and say why you were discharged. See attached medical records. 13 12. Have you suffered any injuries, trauma or ~llness reqmnng r~edmal care before or after the accident that is the subject of this lawsuit? To the best of my knowledge, no. (a) Describe the nature of each injury, trauma and/or illness. Co) State when, where and how each happened. (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each HEALTH CARE PROVIDER which treated you for such injury, trauma and/or illness. 14 (d) Did you recover from this/these injuries. If so, kindly state the date of recovery. 13. Have you ever made a claim for any injuries similar to those made in this lawsuit? To the best of my knowledge, no. (a) If so, kindly identify to whom the claim was made, why it was made, how and when the claim was resolved. 14. Were you involved in any trauma, accidents or injures after this ACCIDENT? To the best of my knowledge, no. (a) If so, how many? Co) What happened in each to cause the accident ~md/or injuries? 15 (c) What did you ~njure in each? (d) If so, please state whether you had recovered from the injuries you say you suffered in this lawsuit prior to sustaining any injuries after this accident. (e) If so, please state if and how the subsequent injuries affected any injuries you identified in your Answer to Interrogatory No.7 above. 15. Please state whether, as a result of the ACCIDENT, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the ACCIDENT, stating with particularity: Answering Plaintiff has not been able to perforrn customary occupational duties in the same manner as she had been prior to the crash. (a) the duties and/or activities you have been unable to perfbrm; See response to Interrogatory #7a. 16 (b) the periods of time you have been unable to perform each such activity; and From the date of the crash, February 26, 2003, to the present. (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual having knowledge thereof. See response to Interrogatory #3c. By way of further answer, see the attached medical records. 16. Are you are making a claim for loss of earnings or impai~xnent of earning power because of the ACCIDENT? Yes. I was laid off shortly before the crash and was seeking employment. If so, please state the following: (a) the amount; the amount of your claimed loss, whether it is continuing, and how you calculate Not known at this time. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. 17 (b) please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every one of your employers during the five (5) year period preceding the ACCIDENT, and state, for each such employer, your job title, dates of employment, rate of pay, and description of job duties; Answering Plaintiff is providing the below employment information witb the understanding that dates and wages are approximate: · True Temps-Tree Value - near the Capital City Mall, 2:002, machine line assembly, $9.00/hour. · FDA - Chocolate Factory - ?h Street, Harrisburg, 2001, assembly, $7.25/hour. · New York Fashions - East Mall, 1996-1998 and 2001, $7.00/hour. · Dicraftsman - Taunton, MA, 1999-2000, assembly/warehouse, $9.75/hour. · Jackson Hewitt - 1998/1999 seasonal, $8.00-$8.50/hom:. · Currently working at Hechts. (c) all dates during which you allege you were m~able to work as a result of the C ACCIDENT, and the date you first returned to work after the A ,CIDENT; See attached medical records regarding date answering Plaintiff was released to return to work. (d) please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every one of your employers since the ACCIDENT, and state, for each such employer, your job title, dates of employment, rate of pay, and description of job duties; Hechts, retail sales associate, $6.25/hour Harrisburg Area Community College student 18 (e) Kindly provide your adjusted gross income and your jaet income alSer taxes as set tbrth and reported on your Federal Income Tax returns for each of the five years preceding the ACCIDENT, the year of the ACCIDENT, and each year subsequent to the ACCIDENT; Answering Plaintiffhas yet to receive information requested from the IRS. Answering Plaintiff will supplement response upon receipt of documentation. (f) if self-employed, state the address of your usual place o fbusiness, the name under which you operate it, the nature of your business, name and address of your accountant, amount you claim to have lost as a result of the ACCIDENT and how same was calculated; Not applicable. 19 (g) if self-employed, state the name and address of each employee hired as a result of your disability, if any, and the date of such employment and the amount of money paid to each such employee. Not applicable. 17. Did youhave or are you claiming that you suffered anyo:herfinanc~al loss as aresult ofthet ' ACCIDENT, in addition to those set forth in your answers to Interrogatories Nos. 10 and 16. (a) If so, please state in detail the nature, date and amount of each such additional loss. Outstanding medical bills and liens. (b) Is there any evidence anywhere that could help prove the existence or extent of this loss, other than you own oral testimony, i.e., your own say-so? (c) Yes. Kindly describe exactly what it is. Medical bills from the respective providers. Lien documentation from the Department of Public Welfare. 20 (d) If a claim is made for household help, please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each such person c~mployed, and state whether or not you had any household help prior to the ACCIDENT, the amount paid to any such person both before and after the ACCIDENT, and the period of employment of ,my suc person. Not applicable. .. 18. Have you ever, at any time, been involved as a party, either Plaintiff or Defendant, in any legal action of any kind other than the present lawsuit? To the best of my knowledge, no. If so, please state the following: (a-e) Not applicable. (a) the names of the parties to the other legal actions, the court in which the action was filed, and the court term and number of the action (b) the nature of any injuries that you complained of, if injuries to you were involved; 21 (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) the attorneys representing you and all other parties in these other legal actions; (d) IDENTIFY, ( Identify means g~ve the names, addresses and telephone numbers if applicable, each and any insurance company involved in the other legal action; and (e) whether the other legal actions have been terminated, and, if so, the results of the trial and, if applicable, settlement, including mounts. 22 19. Have you ever been convicted of a crime or spent time in custody? To the best of my knowledge, no. If so, please state the following: (a) IDENTIFY each and every crime for which you were conv/~ted, the date(s) of your conviction(s), and the court term and number of the criminal proceeding(s) against you and the location of the institution where you were in custody. 20. Were you covered by any insurance in any way, whether they paid, will not pay or may be obligated to pay you any benefits as a result of the ACCIDENT, including but not limited to accident insurance, health insurance, automobile No-Fault insurance, uninsured and/or underinsured motorist insurance, and/or workers' compensation insuran ce? Yes (a) If so, iDENTIFY [ entity means give the names, addresses and telephone numbers) each such insurer; Nationwide Insurance Company P.O. Box 2655 Harrisburg, PA 17105 (800) 889-9872 23 (b) the type of insurance afforded by each insurer Automobile No-Fault Insurance First Party Medical Benefits (c) the policy number, claim number, named insured, policy period and limits of liability for each such insurer; Policy #: 58 37 D 247769. Claim #: 58 37 D 247769 02262003 01. Named insured: Cheryl Benson (d) what payments, if any, have been made by each such insurer. $5000.00 medical benefits limit. 21. Do you have a vehicle operator's license? No. If so, please state: (a) the state and date that the license was issued; 24 (b) Whether it has been suspended or revoked for ar~y reason; (c) Why and when it was suspended or revoked; 22. Have you asserted any claim against any other party, insurer, person or entity to recover any damages, losses or money that are related in any way to this accident? Yes. If so, (a) Kindly identify the other party, insurer, person or entity ("Identify" means give the names, addresses and telephone numbers): Nationwide Insurance Company - First Party Benefits for payment of medical bills. LAW~ 0~I~;C~SS ~)17 THOMAS J. WAGNER By: Tim is ~5~ ~r, ~squire Atto~ ~e¢ n~mts Robert Loc~ ~d Bes~ay~spon, Inc. 25 SHEILA RIVERA, PLAINTIFF ROBERT LOCKMAN and, BESTWAY TRANSPORT, Inc., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-75 CIVIL ACTION - LAW JURY TRIAl:, DEMANDED CERTIFICATE OF SERVICE AND NOW, this ..~ day of June, 2004, I hereby certify that I have served a copy of the within Plaintiff's Responses to Defendants' Interrogatories and Request for Production of Documents on the following by depositing a true and correct copy of the same in the United States mail, postage prepaid, addressed to: Robert Lockman and, Bestway Transport, Inc. c/o Thomas J. Wagner, Esq. LAW OFFICES OF THOMAS J. WAGNER 1528 Walnut Street, Suite 501 Philadelphia, PA 19102 HANDLER, HENNING & ROSENBERG son C. Imler, Esquire ID# 879~ 1 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 TEL; (215) 790-0761 LAW OFFICES OF THOMAS J. WAGNER 1528 W,'d.NU'r S'rl~.~!ri-r, Surrr~ 501 FAX: (215) 790-0762 June 24, 2004 Jason C. hnler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 RE: Sheila Rivera v. Loekman and Beslway Transport CCP, Cumberland Cry., #04-75 OUR FILE #: 5010~1214 Dear Mr. Imler: Enclosed is another set ofaothorizations for the release of your client's medical, employment, and insurance claim records. Kindly provide those signed autlmrizations, along with responsive answers to our interrogatories and a formal response to our document request within ten (10) days. TJW/clm Enclosures Vet3, .tr~,ly NEW JERSEY OFFICE 1 114 KINGS HIC;HWAY SV~,IiI)IiSnoRo, NJ 08085 TEL: (856) 482-5545 · FAX (856) 482-5546 LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire By: William F. O'Shea, III, Esquire ID: #52876/82734 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 SHEILA RIVERA : : Plaintiffs : V. : ROBERT LOCKMAN and : BESTWAY TRANSPORTATION, INC. : Defendants : Attorney for Defendants Robert Lockman and Bestway Transportation, Inc. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 04-75 MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES Defendants Robert Lockman and Bestway Transporation, Inc. move pursuant to Pa. R. Civ. P. 4019(a)(1)(I), (VII), and (VIII), seeking to compel Plaintiff to respond to Defendants' Interrogatories addressed to Plaintiff and to respond to Defendants' Request for Production of Documents and Plaintiff's authorizations for the release of Plaintiff's medical, insurance, and employment records, and in support thereof, state: 1. On March 15, 2004, Defendant served Interrogatories and Document Requests pursuant to Pa. R. C.P. 4009.11 on Plaintiff. (Exhibit "A"). 2. Plaintiff served an unverified response to Defendants' Interrogatories on June 8, 2004. (Exhibit "B"). 4. C.P. 4005. Plaintiff has not responded to Defendants' Request for Production of Documents. Plaintiff has failed to serve sufficient Answers to Interrogatories pursuant to Pa. R. Plaintiff has failed to Answer each Interrogatory submitted by Defendants. 5. Plaintiff's Response to Interrogatory 1 (i) is non-responsive. Plaintifffails to identify her employer's address, telephone number and supervisor's name. 6. Defendants' Interrogatory 2(d) requests Plaintiff to, "Please describe, with particularity and without reference to the averments of the Complaint, the alleged acts of negligence that YOU claim that each Defendant committed.", and Defendants' Interrogatory 2(e) request Plaintiff to, "Please describe how these acts caused your accident or injury". 7. Plaintiffresponds to Defendants' Interrogatory 2(d) by replying, "See Police Report. By way of further answer, the answering Plaintiffreserves the fight to supplement this Answer prior to the time of trial." Plaintiff responds to Defendants's Interrogatory 2(e), "By way of further answer, see the attached police report and medical records. By way of further answer, the answering Plaintiff reserves the fight to supplement this Answer prior to the time of trial." Plaintiff's responses to Defendants' Interrogatories number 2(d) and 2(e) are non- responsive. 9. Defendants' Interrogatory 2(f) asks Plaintiff, "Did any conversations concerning this accident ever occur after the accident?" 10. Plaintiff replies to Defendants' Interrogatory 2(f), "objection. Answering Plaintiff objects to Interrogatory 2(f) to the extent that it seeks a legal conclusion and information protected by the attorney-client privilege." 11. Plaintiffs response to Defendants' Interrogatory 2(f) is inappropriate. Plaintiff's objection of attorney-client privilege does not cover the statements of parties and witnesses. 12. Defendants' Interrogatory number 4 asks Plaintiff, "Are you aware of or have you obtained a statement or statements relating to your claim or the factual circumstances of this lawsuit?" 13. Plaintiff's response to Defendants' Interrogatory number 4 is non-responsive. Plaintiff responds to Defendants' Interrogatory number 4 by replying, "See police report. By way of further Answer, the answering Plaintiff reserves the right to supplement this Answer prior to the time of trial." Plaintiff either possesses statements or does not possess statements and Plaintiff should either provide the statements and reply that they have statements or reply that they have no statements. 14. In response to Defendants' Interrogatory number 5, Plaintiff states that she has photographs of her alleged injuries. However, Plaintiff does not provide the photographs which she says that she has. In addition Plaintiff identifies that "a family member" took the photographs but Plaintiff does not identify this family member. 15. Plaintiff's Answer to Defendants' Interrogatory number 8 Defendants' Interrogatory number 8 request Plaintiff to: is non-responsive. Please state whether you claim that any such injury as set forth in your Answer to the proceeding Interrogatory is permanent, and, if so, please describe the permanent injury, the basis for your belief that the injury/condition is permanent, i.e., why do you believe that it is permanent? 16. Plaintiffresponds to Defendants' Interrogatory number 8 by replying, "My foot just hasn't been the same. By way of further answer, see the attached medical records." Plaintiff's response to Defendants' Interrogatory number 8 is non-responsive because Plaintiff does not describe why she believes whatever condition she has in her foot is permanent. 17. Plaintiff does not respond at all to Defendants' Interrogatory number 10. She fails to identify every healthcare provider who she has consulted or been referred to for examination due to this accident. 18. Defendant's Interrogatory 15(a) seeks a description of the duties and/or activities Plaintiff has been unable to perform. Plaintiffhas failed to respond to this question. 19. Plaintiff responds to Defendants' Interrogatory number 16 that she will be making a claim for loss of earnings or impairment of earning power. However, Plaintiff does not give the amount of her claimed loss, whether it is continuing, or how she calculates that mount. 20. Plaintiff responds to Defendants' Interrogatory number 17 that she has suffered another financial loss of, "Outstanding medical bills and liens." However, Plaintiff does not state in detail the nature, date and amount of each of these additional losses. 21. Plaintiffhas not provided written and verified responses to Defendants' Request for Production of Documents. Plaintiff has provided medical documents and tax information. 22. Plaintiff, in addition, has failed to provide all materials sought by Defendants' Document Requests. 23. On June 21,2004, Defendant requested that Plaintiffprovide more specific Answers to Interrogatories as well as provide responses to Defendant's document request and signed Plaintiff's authorizations for the release of Plaintiff's medical, insurance, and employment records. (Exhibit "C'). 24. To date, Plaintiffhas not responded to Defendant's requests. WHEREFORE, Defendants submit that they are entitled to and Order compelling Plaintiff Sheila Rivera to provide written and verified responses to each of Defendants' Interrogatories and to provide written and verified responses to each of Defendants' Request for Production of Documents and to provide all documents requested in the form of Order attached. Dated: By: THOMAS J. WAGNER, ESQUIRE WILLIAM F. O'SHEA, III, ESQUIRE Attorneys for Defendants Wyoming Auto Repair LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 SUITE 501 1528 WALNUT STREET PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 Attorney for Defendants Robert Lockman and Bestway Transport, Inc. SHEILA RIVERA Plaintiff ROBERT LOCKMAN and BESTWAY TRANSPORT, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW No.: 04-75 CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing Motion to Compel was served on October 15, 2004, 2004 via first class mail, postage prepaid on: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 By: LAW OFFICES OF THOMAS J. WAGNER WILLIAM F. O'SHEA, III, ESQUIRE Attorney for Defendants Robert Lockman and Bestway Transport, Inc. LAW OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 SHEILA RIVERA, Plaintiff V. ROBERT LOCKMAN and BESTWAY TRANSPORT, Inc., Defendants Attorney for Defendants Robert Lockman and Bestway Transport, Inc. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 04-75 OCT 28 2004 DEFENDANTS' INTERROGATORIES ADDRESSED TO PLAINTIFF Defendants serve these Interrogatories to Plaintiff, to be answered and responded to within thirty (30) days of service hereof, and supplemented thereafter as new information may become available, pursuant to the Rules of Civil Procedure. DEFINITIONS As used in these Interrogatories, the following words shall have the meaning set forth below: 'YOU" means Sheila Rivera - the parties to whom these discovery requests are addressed, together with that party's attorneys, agents, servants, and anyone else acting on that party's behalf "ACCIDENT" means the accident, event or alleged injury-producing occurrences as set forth in your Complaint. "IDENTIFY" means to set forth the full and complete name, address and telephone number of an individual or entity. 'HEALTH CARE PROVIDER" means any and all doctors of medicine or osteopathy, physicians, chiropractors, podiatrists, nurses, physical therapists, psychologists, hospital, clinic, nursing home, pharmacy and/or any health care professional or medical equipment provider. INTERROGATORIES 1. Please state the following: (a) your full name; (b) any other names you have used or been known by; (c) your date of birth (d) your Social Security number; (e) your present home address; (f) Any other addresses you have resided at for the period of time from five (5) years before the ACCIDENT to the present; (g) your marital status at the time of the ACCIDENT, the identity of the person to whom you were married, the date & location where the marriage was entered into; (h) your present marital status the identity of the person to whom you were married, the date & location where the marriage was entered into; (i) Your employment status now and at the time of the accident, along with your employer's address, telephone number and supervisor's name 2. Please state the following with respect to the ACCIDENT: (a) the date, time and day of the week the ACCIDENT occurred; (b) the place where it occurred, including the streets, town or city, and state. (c) please describe, in your own words, without reference to the averments of the Complaint, how your ACCIDENT occurred. (d) please describe, with particularity and without reference to the averments of the Complaint, the alleged acts of negligence that YOU claim that each Defendant committed. (e) please describe how these acts caused your accident or injury. (f) did any conversations concerning this ACCIDENT ever occur after the ACCIDENT? (g) if so, please state with particularity the exact words and/or the substance of any conversations that occurred after the ACCIDENT between and/or among any party, witness, person or you. Please state the date, time, and location of these conversations/discussions. Identify those persons who were involved in each. 3. Please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) all of the following individuals; (a) those who actually saw, or witnessed, the ACCIDENT, or any part or aspect of the ACCIDENT; (b) those who have any knowledge or information, including those who have conducted investigations, concerning any facts pertaining to the cause or consequences of the ACCIDENT or of the acts alleged in the Complaint; (c) Those who are wimesses to your claim of injury and the extent of those injuries. 5 (d) all witnesses whom YOU expect to call at the trial and/or arbitration of this matter, and a summary of their expected testimony. (e) Please identify each person who has any evidence or who can offer testimony to support your claim against Defendants and provide a summary/description of the factual materials in their possession. 4. Are YOU aware of or have you obtained a statement or statements relating to your claim or the factual circumstances of this lawsuit? If yes, please state the following: (a) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual who has given any statement; (b) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual who obtained any statement; (c) Was the statement written or oral; and the date and place and time that each statement was obtained; (d) IDENTIFY each person and/or entity who presently has custody of the original or a copy of any statement and describe the factual substance of each statement. 7 5. Please state whether YOU or your attorney are aware of or have obtained any photographs, maps, charts, drawings and/or diagrams or any other thing, including Plaintiff's or your/their alleged injuries, relating to the subject matter of this action. If yes, please state the following: (a) the subject matter of each such item of physical and/or documentary evidence; (b) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual who obtained and/or created such item of physical and/or documentary evidence, the date such item was created or prepared; (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each person and/or entity who presently has custody of the original or a copy of any such item of physical and/or documentary evidence. (d) Produce the evidence. 6. Do YOU intend to call any expert witnesses and do you expect to offer any expert testimony of any sort at the arbitration and/or trial of this matter? If so, please state the following: (a) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every such expert witness; (b) the educational background, field of expertise, professional experience, publications, membership in professional societies, employment experience and court appearances, including transcribed depositions, of each such expert witness 9 (c) the subject matter as to which such expert witness is expected to testify, including the substance of the facts and opinions of such testimony, and a summary of the grounds for each such opinion. 7. Please state each and every injury and condition, including scars and/or disfigurement, which you allege you sustained as a result of the ACCIDENT. (a) Have any of these injuries affected your daily activities or life in any way? (b) How? (Kindly describe your claims completely.) 10 8. Please state whether you claim that any such injury as set forth in you answer to the preceding Interrogatory is permanent, and, if so, please describe the permanent injury the basis for your belief that the injury/condition is permanent. I.e., why do you believe it is permanent? o Please identify ("Identify" means give the names, addresses and telephone numbers) all family and personal physicians who have cared for you in the past ten (1 O) years. 11 10. Please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every HEALTH CARE PROVIDER with whom or which you have consulted or been referred to for examination and/or treatment as a result of the injuries you allege to has sustained due to the ACCIDENT, including the dates of examination and/or treatment, and the charges for such examination and/or treatment. 12 11. Are you still receiving treatment for the injuries you allege to have sustained in your ACCIDENT?. (a) What treatment are you still receiving? (b) Identify ("Identify" means give the names, addresses and telephone numbers) the individual(s) from whom you are still receiving treatment?. (c) How frequently, when and where are you receiving this treatment? (d) If you are no longer receiving treatment, please state when and by whom you were last examined or given treatment for such injuries and say why you were discharged. 13 12. Have you suffered any injuries, trauma or illness requiring medical care before or after the accident that is the subject of this lawsuit? (a) Describe the nature of each injury, trauma and/or illness. (b) State when, where and how each happened. (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each HEALTH CARE PROVIDER which treated you for such injury, trauma and/or illness. 14 (d) Did you recover fi.om this/these injuries. If so, kindly state the date of recovery. 13. Have you ever made a claim for any injuries similar to those made in this lawsuit? (a) If so, kindly identify to whom the claim was made, why it was made, how and when the claim was resolved. 14. Were you involved in any trauma, accidents or injuries after this ACCIDENT? (a) If so, how many? (b) What happened in each to cause the accident and/or injuries? 15 (c) What did you injure in each? (d) If so, please state whether you had recovered from the injuries you say you suffered in this lawsuit prior to sustaining any injuries after this accident. (e) If so, please state if and how the subsequent injuries affected any injuries you identified in your Answer to Interrogatory No.7 above. 15. Please state whether, as a result of the ACCIDENT, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the ACCIDENT, stating with particularity: (a) the duties and/or activities you have been unable to perform; 16 (b) the periods of time you have been unable to perform each such activity; and (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual having knowledge thereof. 16. Are you are making a claim for loss of earnings or impairment of earning power because of the ACCIDENT? If so, please state the following: (a) the amount of your claimed loss, whether it is continuing, and how you calculate the amount; 17 (b) please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every one of your employers during the five (5) year period preceding the ACCIDENT, and state, for each such employer, your job title, dates of employment, rate of pay, and description of job duties; (c) all dates during which you allege you were unable to work as a result of the ACCIDENT, and the date you first returned to work after the ACCIDENT; (d) please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every one of your employers since the ACCIDENT, and state, for each such employer, your job title, dates of employment, rate of pay, and description of job duties; 18 (e) Kindly provide your adjusted gross income and your net income after taxes as set forth and reported on your Federal Income Tax returns for each of the five years preceding the ACCIDENT, the year of the ACCIDENT, and each year subsequent to the ACCIDENT; (f) if self-employed, state the address of your usual place of business, the name under which you operate it, the nature of your business, name and address of your accountant, amount you claim to have lost as a result of the ACCIDENT and how same was calculated; 19 (g) if self-employed, state the name and address of each employee hired as a result of your disability, if any, and the date of such employment and the amount of money paid to each such employee. 17. Did you have or are you claiming that you suffered any other financial loss as a result of the ACCIDENT, in addition to those set forth in your answers to Interrogatories Nos. 10 and 16. (a) If so, please state in detail the nature, date and amount of each such additional loss. (b) Is there any evidence anywhere that could help prove the existence or extent of this loss, other than you own oral testimony, i.e., your own say-so? (c) Kindly describe exactly what it is. 2O (d) Ifa claim is made for household help, please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each such person employed, and state whether or not you had any household help prior to the ACCIDENT, the amount paid to any such person both before and after the ACCIDENT, and the period of employment of any such person. 18. Have you ever, at any time, been involved as a party, either Plaintiff or Defendant, in any legal action of any kind other than the present lawsuit? If so, please state the following: (a) the names of the parties to the other legal actions, the court in which the action was filed, and the court term and number of the action (b) the nature of any injuries that you complained of, if injuries to you were involved; 21 (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) the attorneys representing you and all other parties in these other legal actions; (d) IDENTIFY, ("Identify" means give the names, addresses and telephone numbers) if applicable, each and any insurance company involved in the other legal action; and (e) whether the other legal actions have been terminated, and, if so, the results of the trial and, if applicable, settlement, including amounts. 22 19. Have you ever been convicted of a crime or spent time in custody? If so, please state the following: (a) IDENTIFY each and every crime for which you were convicted, the date(s) of your conviction(s), and the court term and number of the criminal proceeding(s) against you and the location of the institution where you were in custody. 20. Were you covered by any insurance in any way, whether they paid, will not pay or may be obligated to pay you any benefits as a result of the ACCIDENT, including but not limited to accident insurance, health insurance, automobile No-Fault insurance, uninsured and/or underinsured motorist insurance, and/or workers' compensation insurance? (a) If so, IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each such insurer; 23 (b) the type of insurance afforded by each insurer (c) the policy number, claim number, named insured, policy period and limits of liability for each such insurer; (d) what payments, if any, have been made by each such insurer. 21. Do you have a vehicle operator's license? If so, please state: (a) the state and date that the license was issued; 24 (b) Whether it has been suspended or revoked for any reason; (c) Why and when it was suspended or revoked; 22. Have you asserted any claim against any other party, insurer, person or cntity to recover any damages, losses or money that are related in any way to this accident. If so, (a) Kindly identify the other party, insurer, person or entity ("Identify" means give the names, addresses and telephone numbers): Dated: By: LAW O~FICI~S,OF THOMAS J. WAGNER Tho'ma's J}'~ ,W~gner, ~squire Attorney. f6rl Def~nd~.nts Robert Loci<man and Bestway Transpo~, Inc. 25 SHEILA RIVERA, PLAINTIFF ROBERT LOCKMAN and, BESTWAY TRANSPORT, Inc., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-75 CIVIL ACTION - LAW JURY TRIAL DEMANDED To~ PLAINTIFF'S RESPONSES TO DEFENDANTS' INTERROGATORIES Robert Lockman and, Bestway Transport, Inc. c/o Thomas J. Wagner, Esq. LAW OFFICES OF THOMAS J. WAGNER 1528 Walnut Street, Suite 501 Philadelphia, PA 19102 ATTACHED are Plaintiff's Responses to Defendants' Interrogatories. Respectfully submitted, HANDLER, HENNING & ROSENBERG DATE: ~2-~'- {525/ BY: Jason C. Imler, Esquire ID# 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 LAw OFFICES OF THOMAS J. WAGNER By: Thomas J. Wagner, Esquire ID: #52876 1528 WALNUT STREET, SUITE 501 PHILADELPHIA, PA 19102 Telephone: (215) 790-0761 SHEILA RIVERA, : Plaintiff : ROBERT LOCKMAN and : BESTWAY TRANSPORT, Inc., : Defendants : Attorney for Defendants Robert Lockman and Bestway Transport, Inc. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 04-75 DEFENDANTS' INTERROGATORIES ADDRESSED TO PLAINTIFF Defendants serve these Interrogatories to Plaintiff, to be answered and responded to within thirty (30) days of service hereof, and supplemented thereafter as new information may become available, pursuant to the Rules of Civil Procedure. DEFINITIONS As used in these Interrogatories, the following words shall have the meaning set forth below: 'YOU" means Sheila Rivera - the parties to whom these discovery requests are addressed, together with that party's attorneys, agents, servants, and anyone else acting on that party's behalf "ACCIDENT" means the accident, event or alleged injury-producing occurrences as set forth in your Complaint. "IDENTIFY" means to set forth the full and complete name, address and telephone number of an individual or entity. 'HEALTH CARE PROVIDER" means any and all doctors of medicine or osteopathy, physicians, chiropractors, podiatrists, nurses, physical therapists, psychologists, hospital, clinic, nursing home, pharmacy and/or any health care professional or medical equipment provider. INTERROGATORIES 1. Please state the following: (a) ¢) your full name; Sheila Rivera Manzo any other names you have used or been known by; No (c) (d) your date of birth January I1, 1979 (e) (f) your Social Security number; 176-60-8587 your present home address; 1914 Mulberry Street Harrisburg, PA 17104 Any other addresses you have resided at for the period of time from five (5) years before the ACCIDENT to the present; None (g) your marital status at the time of the ACCIDENT, the identity of the person to whom you were married, the date & location where the marriage was entered into; Single (h) your present marital status the identity of the person to whom you were married, the date & location where the marriage was entered into; Single (i) Your employment status now and at the time of the accident, along with your employer's address, telephone number and supervisor's name At the time of the crash, I was working for True Temps. 2. Please state the following with respect to the ACCIDENT: (a) the date, time and day of the week the ACCIDENT occurred; The crash occurred'on Wednesday, February 26, 2003, early in the afternoon. (b) the place where it occurred, including the streets, town or city, and state. The crash occurred on Interstate 83. By way of further answer, see the attached police report. (c) please describe, in your own words, without reference to the averments of the Complaint, how your ACCIDENT occurred. The crash occurred as I was traveling on 1-83 -just south of the split with 581, I was in the inside lane and was doing 25 mph, when a truck hit me on the passenger side. I saw him moving to my lane to let traffic from an entry ramp that was entering traffic in the lane the truck was moving from. (d) please describe, with particularity and without reference to the averments of the Complaint, the alleged acts of negligence that YOU claim that each Defendant committed. See police report. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (e) please describe how these acts caused your accident or injury. By way of further answer, see the attached police report and medical records. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (f) did any conversations concerning this ACCIDENT ever occur after the ACCIDENT? OBJECTION. Answering Plaintiff objects to Interrogatory #2f to the extent that it seeks a legal conclusion and information protected by the attorney client privilege. (g) if so, please state with particularity the exact words and/or the substance of any conversations that occurred after the ACCIDENT between and/or among any party, witness, person or you. Please state the date, time, and location of these conversations/discussions. Identify those persons who were involved in each. OBJECTION. Answering Plaintiff objects to Interrogatory #2g to the extent that it seeks a legal conclusion and information protected by the attorney client privilege. 3. Please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) all of the folloyving individuals; (a) ACCIDENT; those who actually saw, or witnessed, the ACCIDENT, or any part or aspect of the See police report. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (b) those who have any knowledge or information, including those who have conducted investigations, concerning any facts pertaining to the cause or consequences of the ACCIDENT or of the acts alleged in the Complaint; See police report. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (c) Those who are witnesses to your claim of injury and the extent of those injuries. My family members are witnesses to my injury claim and the extent of my injuries. Maria Otero 1914 Mulberry Street Harrisburg, PA 17104 ('717) 236-1137 Griselle Olivo 1914 Mulberry Street Harrisburg, PA 17104 (717) 236-1137 Jose Olivo 33 S. Summit Harrisburg, PA 17104 Charlene Chase Camp Street Harrisburg, PA 17110 Cheryl Chase Chambers Hill Road Harrisburg, PA (d) all witnesses whom YOU expect to call at the thai and/or arbitration of this matter, and a summary of their expected testimony. Not known at this time. By way of further answer, answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (e) Please identify each person who has any evidence or who can offer testimony to support your claim against Defendants and provide a summary/description of the factual materials in their possession. See responses to Interrogatories 3a - 3c. 4. Are YOU aware of or have you obtained a statement or statements relating to your claim or the factual circumstances of this lawsuit? See police report. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. If yes, please state the following: 6 (a) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual who has given any statement; (b) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) '. each individual who obtained any statement; (c) Was the statement written or oral; and the date and place and time that each statement was obtained; (d) IDENTIFY each person and/or entity who presently has custody of the original or a copy of any statement and describe the factual substance of each statement. 7 5. Please state whether YOU or your attorney are aware of or have obtained any photographs, maps, charts, drawings and/or diagrams or any other thing, including Plaintiff's or your/their alleged injuries, relating to the subject matter of this action. If yes, please state the following: Yes (a) the subject matter of each such item of physical and/or documentary evidence; Photographs taken in the hospital of my injuries. (b) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual who obtained and/or created such item of physical and/or documentary evidence, the date such item was created or prepared; A family member· (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each person and/or entity who presently has custody of the original or a copy of any such item of physical and/or documentary evidence. Sheila Rivera (d) Produce the evidence. Copies to be fro:warded. By way of further answer, the answering Plaintiff' reserves the ~ight to supplement this answer prior to the time of trial. 6. Do YOU intend to call any expert witnesses and do you expect to offer any expert testimony of any sort at the arbitration and/or trial of this matter? If so, please state the following: (a-c) Not known at this time. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. (a) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every such expert witness; (b) the educational background, field of expertise, professional experience, publications, membership in professional societies, employment experience and court appearances, including transcribed depositions, of each such expert witness (c) the subject matter as to which such expert witness is expected to testify, including the substance of the facts and opinions of such testimony, and a summary of the grounds for each such opinion. 7. Please state each and every injury and condition, including scars and/or disfigurement, which you allege you sustained as a result of the ACCIDENT. Injuries included the back of my head, an open injury to the left side of my eye, muscle spasms associated with a spinal cord injury, a dislocated pelvis, vertebra pushed forward, and a pinched nerve in my foot. By way of further answer, see attached medical records. (a) Have any of these injuries affected your daily activities or life in any way? Yes. (b) How? (Kindly describe your claims completely.) 10 My injuries have affected my life in the following manners, including but not limited to my ability to do any of the activities I was able to do before this crash, I get real bad headaches, and my left leg gives me problems. I am unable to perform the duties of my job, including heavy lifting or standing on my feet for long periods of time. I have difficulty doing household chores, and my social life has been limited in that I can no longer go out to clubs due to the loud noise causing headaches and slight loss of vision. 8. Please state whether you claim that any such injury as set fo..rth in you answer to the preceding Interrogatory is permanent, and, if so, please describe the permanent injury the basis for your belief that the injury/condition is permanent. I.e., why do you believe it is permanent? My foot just hasn't been the same. By way of lhrther answer, see the attached medical records. Please identify ("Identify" means give the names, addresses and telephone numbers) all family and personal physicians who have cared for you in the past ten (10) years. Hershey Medical Center 500 University Drive Hershey, PA 17033 (717) 531-8834 Pinnacle Health Medical System Polyclinic Hospital 2501 N. Third Street Harrisburg, PA 17110 (717) 782-4141 11 10. Please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every HEALTH CARE PROVIDER with whom or which you have consulted or been referred to for examination and/or treatment as a result of the injuries you allege to has sustained due to the ACCIDENT, including the dates of examination and/or treatment, and the charges for such examination and/or treatment. See the attached medical records. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. 12 11. Are you still receiving treatment for the injuries you allege to have sustained in your ACCIDENT?. To the best of my knowledge, no (a) What treatment are you still receiving? (a-c) Not applicable. (b) Identify ("Identify" means give the names, addresses and telephone numbers) the individual(s) from whom you are still receiving treatment?. (c) How frequently, when and where are you receiving this treatment? (d) If you are no longer receiving treatment, please state when and by whom you were last examined or given treatment for such injuries and say why you were discharged. See attached medical records. 13 12. Have you suffered any injuries, trauma or illness requiring m~dical care before or after the accident that is the subject of this lawsuit? To the best of my knowledge, no. (a) Describe the nature of each injury, trauma and/or illness. (b) State when, where and how each happened. (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each HEALTH CARE PROVIDER which treated you for such injury, trauma and/or illness. 14 (d) Did you recover from this/these injuries. If so, kindly state the date of recovery. 13. Have you ever made a claim for any injuries similar to those made in this lawsuit? To the best of my knowledge, no. (a) If so, kindly identify to whom the claim was made, why it was made, how and when the claim was resolved. 14. Were you involved in any trauma, accidents or injuries after this ACCIDENT? To the best of my knowledge, no. (a) If so, how many? What happened in each to cause the accident and/or injuries? 15 (c) What did you injure in each? (d) If so, please state whether you had recovered from the injuries you say you suffered in this lawsuit prior to sustaining any injuries after this accident. (e) If so, please state if and how the subsequent injuries affected any injuries you identified in your Answer to Interrogatory No.7 above. 15. Please state whether, as a result of the ACCIDENT, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the ACCIDENT, stating with particularity: Answering Plaintiff has not been able to perform customary occupational duties in the same manner as she had been prior to the crash. (a) the duties and/or activities you have been unable to per~brm; See response to Interrogatory #7a. 16 Co) the periods of time you have been unable to perform each such activity; and From the date of the crash, February 26, 2003, to the present. (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each individual having knowledge thereof. See response to Interrogatory #3c. By way of further answer, see the attached medical records. 16. Are you are making a claim for loss of earnings or impairment of earning power because of the ACCIDENT? Yes. I was laid off shortly before the crash and was seeking employment. If so, please state the following: (a) the amount; the amount of your claimed loss, whether it is continuing, and how you calculate Not known at this time. By way of further answer, the answering Plaintiff reserves the right to supplement this answer prior to the time of trial. 17 (b) please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every one of your employers during the five (5) year period preceding the ACCIDENT, and state, for each such employer, your job title, dates of employment, rate of pay, and description of job duties; .. Answering Plaintiff is providing the below employment information with the understanding that dates and wages are approximate: · True Temps-True Value - near the Capital City Mall, 2002, machine line assembly, $9.00/hour. · FDA o Chocolate Factory - 7th Street, Harrisburg, 2001, assembly, $7.25/hour. · New York Fashions - East Mall, 1996-1998 and 2001, $7.00/hour. · Dicraftsman - Taunton, MA, 1999-2000, assembly/warehouse, $9.75/hour. · Jackson Hewitt - 1998/1999 seasonal, $8.00-$8.50/hom:. · Currently working at Hechts. (c) all dates during which you allege you were unable to work as a result of the ACCIDENT, and the date you first returned to work after the ACCIDENT; See attached medical records regarding date answering Plaintiff was released to return to work. (d) please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each and every one of your employers since the ACCIDENT, and state, for each such employer, your job title, dates of employment, rate of pay, and description of job duties; Hechts, retail sales associate, $6.25/hour Harrisburg Area Community College student 18 (e) Kindly provide your adjusted gross income and your ;net income after taxes as set forth and reported on your Federal Income Tax returns for each of the five years preceding the ACCIDENT, the year of the ACCIDENT, and each year subsequent to the ACCIDENT; Answering Plaintiff has yet to receive information requested from the IRS. Answering Plaintiff will supplement response upon receipt of documentation. (f') if self-employed, state the address of your usual place of business, the name under which you operate it, the nature of your business, name and address of your accountant, amount you claim to have lost as a result of the ACCIDENT and how same was calculated; Not applicable. 19 (g) if self-employed, state the name and address of each employee hired as a result of your disability, if any, and the date of such employment and the amount of money paid to each such employee. Not applicable. 17. Did you have or are you claiming that you suffered any other financial loss as a result of the ACCIDENT, in addition to those set forth in your answers to Interrogatories Nos. 10 and 16. (a) If so, please state in detail the nature, date and amount of each such additional loss. Outstanding medical bills and liens. (b) Is there any evidence anywhere that could help prove the existence or extent of this loss, other than you own oral testimony, i.e., your own say-so? (c) Yes. Kindly describe exactly what it is. Medical bills from the respective providers. Lien documentation from the Department of Public Welfare. 20 (d) If a claim is made for household help, please IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each such person employed, and state whether or not you had any household help prior to the ACCIDENT, the amount paid to any such person both before and after the ACCIDENT, and the period of employment of any such person. Not applicable. 18. Have you ever, at any time, been involved as a party, either Plaintiff or Defendant, in any legal action of any kind other than the present lawsuit? To the best of my knowledge, no. If so, please state the following: (a-e) Not applicable. (a) the names of the parties to the other legal actions, the court in which the action was filed, and the court term and number of the action Co) the nature of any injuries that you complained of, if injuries to you were involved; 21 (c) IDENTIFY ("Identify" means give the names, addresses and telephone numbers) the attorneys representing you and all other parties in these other legal actions; (d) IDENTIFY, ("Identify" means give the names, addresses and telephone numbers) if applicable, each and any insurance company involved in the other legal action; and (e) whether the other legal actions have been terminated, and, if so, the results of the trial and, if applicable, settlement, including amounts. 22 19. Have you ever been convicted of a crime or spent time in custody? To the best of my knowledge, no. If so, please state the following: (a) IDENTIFY each and every crime for which you were convicted, the date(s) of your conviction(s), and the court term and number of the criminal proceeding(s) against you and the location of the institution where you were in custody. 20. Were you covered by any insurance in any way, whether they paid, will not pay or may be obligated to pay you any benefits as a result of the ACCIDENT, including but not limited to accident insurance, health insurance, automobile No-Fault insurance, uninsured and/or underinsured motorist insurance, and/or workers' compensation insurance? Yes (a) If so, IDENTIFY ("Identify" means give the names, addresses and telephone numbers) each such insurer; Nationwide Insurance Company P.O. Box 2655 Harrisburg, PA 17105 (800) 889-9872 23 (b) the type of insurance afforded by each insurer Automobile No-Fault Insurance First Party Medical Benefits (c) the policy number, claim number, named insured, policy period and limits of liability for each such insurer; Policy #: 58 37 D 247769. Claim #: 58 37 D 247769 02262003 01. Named insured: Cheryl Benson (d) what payments, if any, have been made by each such insurer. $5000.00 medical benefits limit. 21. Do you have a vehicle operator's license? No. If so, please state: (a) the state and date that the license was issued; 24 Co) Whether it has been suspended or revoked for any reason; (c) Why and when it was suspended or revoked; 22. Have you asserted any claim against any other party, insurer, person or entity to recover any damages, losses or money that are related in any way to this accident? Yes. If so, (a) Kindly identify the other party, insurer, person or entity ("Identify" means give the names, addresses and telephone numbers): Nationwide Insurance Company - First Party Benefits for payment of medical bills. By: T quire At~'om[y~0/~D~] ~,nd, knts Robe~ Loc~ ~d Bes~ay ~spon, Inc. 25 SHEILA RIVERA, PLAINTIFF ROBERT LOCKMAN and, BESTWAY TRANSPORT, Inc., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-75 CIVIL ACTION - LAW JURY TRIAE DEMANDED CERTIFICATE OF SERVICE AND NOW, this .~. day of June, 2004, I hereby certify that I have served a copy of the within Plaintiff' s Responses to Defendants' Interrogatories and Request for Production of Documents on the following by depositing a true and correct copy of the same in the United States mail, postage prepaid, addressed to: Robert Lockman and, Bestway Transport, Inc. c/o Thomas J. Wagner, Esq. LAW OFFICES OF THOMAS J. WAGNER 1528 Walnut Street, Suite 501 Philadelphia, PA 19102 HANDLER, HENNING & ROSENBERG Jason C. Imler, Esquire ID# 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 TEL: (21.5) 790-0761 L^w OFFICES OF THOMAS J. WAGNER 1528 ~N/AI.NUT STREET, SurrF. 501 PHILADELPHIA, PENNSYI)/ANIA 19102 F^x: (215) 790-0762 June 24, 2004 Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 RE: Sheila Rivera v. Lockman and Bestway Transport CCP, Cumberland Cty., #04~75 OUR FILE #: 5010-1214 Dear Mr. Imler: Enclosed is another set of authorizations for the release of your client's medical, employment, and insurance claim records. Kindly provide those signed authorizations, along with responsive answers to our interrogatories and a formal response to our document request within ten (10) days. TJW/clm Enclosures Very ,tr4,0y', / a ,ner NEW JERSEY OFFICE SwEi)Est~o}u), NJ 08085 Ta.: (856) 482-5545 1114 KINt;S HIt;H\VAY I:~\X (856) 482-5546 SHEILA RIVERA, Plaintiff V. ROBERT LOCKMAN And BESTWAY TRANSPORTATION, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-0075 CIVIL TERM ORDER OF COURT AND NOW, this 8TM day of November, 2004, upon consideration of Defendants' Motion To Compel PlaintifFs Discovery Responses, a discovery conference is scheduled in chambers of the undersigned for Wednesday, December 15, 2004, at 3:00 p.m. BY THE COURT, vJ'ason C. Imler, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Thomas J. Wagner, Esq. 0lgilliam F. O'Shea, III, Esq. 1528 Walnut Street Suite 501 Philadelphia, PA 19102 Attorneys for Defendants J. W?.sley Oler, Jr., J. :rc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 04-75-2004 Civil Action - (XX) Law ( ) Equity Sheila Rivera, Plaintiff Robert Lockman : and : Bestway Transport : Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COURT: Please mark this matter "Settled, Discontinued and Ended". Jason C. Imler, Esquire 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attomey Signature of Attorney Supreme Court ID No. 87911 Date: December 2, 2.004 Prothono/taq( Deputy SHEILA RIVERA, Plaintiff V. ROBERT LOCKMAN And BESTWAY TRANSPORTATION, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-0075 CIVIL TERM DEFENDANTS MOTION TO COMPEL PLAINTIFF'S DISCOVERY RESPONSES ORDER OF COURT AND NOW, this 7th day of December, 2004, upon consideration of the Praecipe To Settle, Discontinue and End filed on December 6, ~.004, in the above matter, the discovery conference previously scheduled for December 15, 2004, is cancelled. BY THE COURT, ~ason C. Imler, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff v/l~homas J. Wagner, Esq. William F. O'Shea, III, Esq. 1528 Walnut Street Suite 501 Philadelphia, PA 19102 Attorneys for Defendants .~.~esley Ole~,tJr., 4 ~, :rc