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HomeMy WebLinkAbout08-3275LEONARD W. TRITT and : IN THE COURT OF COMMON PLEAS OF CONNIE J. TRITT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION -LAW V. :NO. 08- 3a s CIVIL TERM BRICE E. BRIDGE, Defendant JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the pleadings and Notice are served, filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the pleadings or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 Waynel' Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs LEONARD W. TRITT and : IN THE COURT OF COMMON PLEAS OF CONNIE J. TRITT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW V. : NO. 08- -3 a71-*)' CIVIL TERM BRICE E. BRIDGE, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs LEONARD W. TRITT and CONNIE J. TRITT, are adult individuals who reside at 7 Ironstone Drive, Carlisle, Cumberland County, Pennsylvania 17015, and who at all times relevant hereto have been husband and wife. 2. Defendant BRICE E. BRIDGE is an adult individual whose last known residence is 1226 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. On June 5, 2006, at approximately 7:49 A.M., Defendant was proceeding in a northerly direction along U.S. Route 11 toward the intersection with Dapp Lane in Silver Spring Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff LEONARD W. TRITT was proceeding WAYNE F. SHADE Attorney at Law in a southerly direction along U.S. Route I 1 within the right-of--way. 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. At the aforesaid time and place, it was daylight; the roadway was straight and level and bare and dry; and there were no atmospheric or meteorological conditions that were adverse to operation of a motor vehicle. 6. As Plaintiff LEONARD W. TRITT approached the vehicle of Defendant, Defendant turned left in front of the vehicle of Plaintiff LEONARD W. TRITT. 7. The head-on collision was directly and proximately caused by the negligence of Defendant in the following respects: (a) Operation of Defendant's vehicle in a careless, reckless and negligent manner; (b) Operation of Defendant's vehicle with no warning of intended direction; (c) Operation of Defendant's vehicle without due regard to the rights, safety and position of Plaintiff; (d) Failing to maintain Defendant's vehicle under such control as to prevent it from striking the vehicle of Plaintiff; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (e) Failing to maintain a proper lookout; -2- (f) Failing to observe the vehicle of Plaintiff, (g) Upon observing the vehicle of Plaintiff, failing to yield the right-of-way to the vehicle of Plaintiff, (h) Failing to take evasive action in order to avoid impacting the vehicle of Plaintiff, and (i) Failing to apply the brakes in sufficient time to avoid striking the vehicle of Plaintiff. 8. At all times material hereto, Plaintiff LEONARD W. TRITT was acting with due care and was not contributorily negligent. 9. The force of the collision rammed the knee of Plaintiff LEONARD W. TRITT against the dashboard of his vehicle. 10. As a result of the comments of Defendant, Plaintiff LEONARD W. TRITT suffered the following injuries: (a) Right patellar contusion with resulting bursitis and cyst in the patellar bursa; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (b) Cervical strain; and -3- (c) Trauma to the right shoulder and shoulder blade. 11. The injury to the knee of Plaintiff LEONARD W. TRITT ultimately required surgery which resulted in an obvious and ugly surgical scar on the front of his right knee. 12. As a result of his injuries, Plaintiff LEONARD W. TRITT has incurred substantial medical bills and expenses, and believes and therefore avers that he will continue to incur medical bills and expenses for the remainder of his statistical life expectancy. 13. As a result of the conduct of Defendant, Plaintiff LEONARD W. TRITT has suffered serious interruptions of his daily habits and pursuits and enjoyment of life to his substantial and permanent detriment and loss. 14. Plaintiffs have lived in marital cohabitation continuously since the date of their marriage on May 6, 1972. 15. The chronic pain of Plaintiff LEONARD W. TRITT has been such as to have WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 caused him to be frustrated, depressed and irritable to the point that both Plaintiffs have been deprived and will continue for the remainder of their joint life expectancy to be -4- deprived of the society, companionship, contributions and consortium of the other to their substantial detriment and loss. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $50,000 plus costs and interest. 9/Mei& / +k Wayne F. Shade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: May 20, 2008 Leonard W. Tritt Connie J. riff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 f 7 ?] f ? -? ? T .. ? ?J "! o ,,,? i., ,r, '? ? p) Y ? 4 y ' ? .3 ? . ? 1 { V a ?''? --? ?' 1..., ..,C SHERIFF'S RETURN - REGULAR CASE NO: 2008-03275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRITT LEONARD W ET AL VS BRIDGE BRICE E DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRIDGE BRICE E the DEFENDANT , at 1107:00 HOURS, on the 7th day of June 2008 at 1226 CLARRmnNT RnAn CARLISLE, PA 17015 by handing to DEBRA STACKFIELD, MOTHER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge &)13)bf (v, So Answers: 18.00 5.00 _ .59 10.00 R. Thomas Kline .00 33.59 06/09/2008 WAYNE SHADE Sworn and Subscibed to before me this day of By: - I-- -- zl?5? D uty Sher' f A.D. Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E Bridge LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs VS. BRICE E. BRIDGE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Brice E. Bridge, with regard to the above-captioned matter. Date: June 12, 2008 N . McG 're, Esquire F ey I.D. 73617 ell & earns, P.C. orth Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, Brice E. Bridge 06621-145-134256 CERTIFICATE OF SERVICE AND NOW, this 12th day of June 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 CALDWELL & KEARNS VI,? , a- By: 1 ? ? U Fli z, r7 GJ j C?3 y y ? -TI Y v - ) t 1. J y/ f-ti c .w.y1 • LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs vs. BRICE E. BRIDGE Defendant TO: Leonard W. Tritt 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD Connie J. Tritt c/o Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an adion. tted, Date: -7 lqlo 9 By: e re cGuire, Esquire tt I.D.#73617 C dwell & Kearns, P.C. 631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Brice E. Bridge Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, Brice E. Bridge LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs VS. BRICE E. BRIDGE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT, BRICE E. BRIDGE'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Brice E. Bridge, by and through his Attorney, Jeffrey T. McGuire, Esquire, of Caldwell & Kearns, P.C., and files the within Answer with New Matter and avers in support thereof as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as a conclusion of law. 8. Denied as a conclusion of law. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Answering Defendant has unable to confirm or deny said allegations and therefore the same is denied. 15. Denied. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment entered in his favor and against the Plaintiffs without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. DEFENDANT BRICE E. BRIDGE'S NEW MATTER DIRECTED TO PLAINTIFFS 16. The answers to paragraphs 1 through 15 are incorporated herein as though set forth at length. 17. Plaintiffs' claims are barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Plaintiffs' injuries pre-existed the motor vehicle accident which is the subject of Plaintiffs' complaint. 19. In accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiffs are not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 20. Plaintiffs failed to plead whether they were bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiffs failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. 2 • C.S.A.§1705. 21. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment entered in his favor and against the Plaintiffs without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. tted, Date: ?be By: 7 Je T. McGuire, Esquire t mey I. D. # 73617 aldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkeams.com Attorney for Defendant, Brice E. Bridge 06621-145-134263 3 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. Dated: 7- a-O& Brice E. Brie CERTIFICATE OF SERVICE AND NOW, this 9th day of July 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 CALDWELL & KEARNS By: C-1 N cz r r LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs V. BRICE E. BRIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-3275 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, come Plaintiffs LEONARD W. TRITT and CONNIE J. TRITT by their attorney, Wayne F. Shade, Esquire, and files the following Reply to New Matter: 16. The averments' of ¶¶1 through 15 inclusive, being at issue, no response is required. 17. The averments' of ¶17 of Defendant's New Matter, being conclusions of law, no response is required. 18. The averments of ¶18 of Defendant's New Matter are denied. On the contrary, Plaintiffs aver that all of their injuries which are the subject of the Complaint herein resulted from the collision on June 5, 2006. 19. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 The averments' of ¶19 of Defendant's New Matter, being conclusions of law, no response is required. A 20. Admitted. By way of further response, Plaintiffs aver that their automobile insurance coverage at the time of the collision in this case was full tort. 21. The averments' of ¶21 of Defendant's New Matter, being conclusions of law, no response is required. WHEREFORE, Plaintiffs demand that Defendant's New Matter be dismissed and that judgment be entered in favor of Plaintiffs and against Defendant. Wayne . Shade, Esquire Supreme Court I.D. 415712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 r V The statements in the foregoing Reply to New Matter are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: July 16, 2008 4`4?L&I -) W -, 1-1?t Leonard W. Tritt WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 a"_`1 ? ?? ? ? ? ' ? ;`=l r `, _? 9? ?,. ?.. ...? Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E. Bridge LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs, vs. BRICE E. BRIDGE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served; 2. A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoenas, is attached to this certificate; 3. No objection to the subpoenas has been received (See Exhibit A); and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoena. Jeffrey T. Mc uire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Date: Attorney for Defendant Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E Bridge LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs, vs. BRICE E. BRIDGE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3275 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served. KEARNS By: Date: ` O Jfrr T. McGuire, Esquire D o. 73617 31 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Leonard W. Tritt and Connie J. Tritt, Plaintiffs, File No. (18-327S C i v i l Term Vs. Brice E. Bridge, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:The Custodian of Records. Cumberland Family Practice (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Caldwell & Kearns at 3631 North Front Street, Harrisburg, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jeffrey, T. McGuire. Esquire ADDRESS: 3911 N rfh Frnnt- 9 reet Aarri -bnrrr PA 17110 TELEPHONE: 7 i ;E 5rS4? 4 296 6 SUPREME COURT ID # 7-3 ? i i ATTORNEYFOR: rlPfenr3ani- Date: BY THE COURT: Prothonotary, Civil Division 'Sea] of the Court Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Name: Leonard Tritt DOB: 12/04/47 SSN: 175-40-5324 Date of Loss: 06/05/06 Dates Requested: Any and all records up to and including the present COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Leonard W. Tritt and Connie J. Tritt, Plaintiffs, File No. 08_3275 Mvi 1 Term VS. Brice E. Bridge, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: The Custodian of Records. Mira Orthopedics (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Caldwell. & Kearns at 3631 North Front Street. Harrisburg, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jeffrey T. McGuire, Esquire ADDRESS: 3x31 Wirth rrnnt Street Rarri cb„rg T» 17110 TELEPHONE: ?Z37-564.4996 SUPREME COURT ID # j3 ? 4 j ATTORNEY FOR: n e f p nr3 a n t BY THE COURT: Prothonotary, Civil Division Date: 'Seal of the Court Deputy EXHIBIT A Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Name: Leonard Tritt DOB: 12/04/47 SSN: 175-40-5324 Date of Loss: 06/05/06 Dates Requested: Any and all records up to and including the present Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E Bridge LEONARD W. TRITT and IN THE COURT OF COMMON PLEAS CONNIE J. TRITT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. : No. 08-3275 BRICE E. BRIDGE, CIVIL ACTION -LAW Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this K*Y of W_1 2008, I hereby certify that I have served a copy of the foregoing Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 1 B 140926 ?? V 1`1/19/2008 15:59 0000000000 PAGE 01 WAYNE F. SHADE A17ORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717) 243-0220 (800)243.0220 November 19, 2008 Jeffrey T. N Caldwell & 3631 North Harrisburg, Esquire Street ylvania 17110 F/-,,X (717);? 494)017 Re: Tritt v. Bridge No. 2008-3275 Civil Term Cumberland County Dear Jeffrey: I' This o have noticed understandin' from those o ice has no objection to the immediate issuance of the subpoenae that you d Cumberland Family Practice and Mira Orthopedics, with the that you will favor us with copies of the production that you will receive Very truly yours, Wayne F. Shade WFS/cjt Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, Brice E. Bridge LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs, vs. BRICE E. BRIDGE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thisay of , 2008, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 By: 44ie F Lm" wVwx 1P ru _,f'Y mot; LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs V. BRICE E. BRIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3275 CIVIL TERM : JURY TRIAL DEMANDED PLAINTIFFS' OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21 1. Plaintiffs object to the issuance of the Subpoena upon Erie Insurance Exchange that is attached to Defendant's Notice of January 16, 2009, and is also attached hereto. 2. Plaintiffs maintain that the proposed Subpoena seeks evidence that is beyond the scope of permissible discovery as being irrelevant to the claims of Plaintiffs against Defendant. Date: February 3, 2009 G Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Leonard W. Tritt and Connie J. Tritt, File No. 0 B-275 Civil Term Plaintiffs, VS. Brice E. Bridge, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Exchange (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Caldwell & Kearns at 3631 North Front Street, Harrisburcr, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jeffrey T. McGuire, Esquire ADDRESS: 'AF'A1 North Frnnk Street Ll;4-rrig},urg, P.A 17110 TELEPHONE: 717-232-7661 SUPREME COURT ID # 7-3 617 ATTORNEY FOR: T1 a f e n d a n t Date: 'Seal of the Court BY THE COURT: Prothonotary, Civil Division Deputy EXHIBIT "A" Any and all insurance records, PIP files and/or property damage files, including but not limited to medical reports and/or records, claims, bills, payment logs, any and all correspondence, photographs, documents supporting Plaintiff's claim, payments including dates of payment, payee and reasons for payments, including all such items as may be stored in a computer database or otherwise in electronic form pertaining to: Name: Leonard W. Tritt DOB: 12/04/47 SSN: 175-40-5324 Claim Number: 010170866982 Policy Number: Q03 0301622 H DOL: 07/05/06 including but not limited to any First Party files for the Plaintiff for any date of loss and any Property Damage files for the date of loss listed above. LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs V. BRICE E. BRIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3275 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Plaintiffs' Objections to Subpoena Pursuant to Rule 4009.21 in the above-captioned matter upon Defendant herein by first class United States mail, postage prepaid, to his counsel of record, Jeffrey T. McGuire, Esquire, Caldwell & Kearns, 3631 North Front Street, Harrisburg, Pennsylvania 17110. Date: February 3, 2009 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Attorney for Plaintiffs ..ss Q ` = 1 :3j r T f"? Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E. Bridge LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs, vs. BRICE E. BRIDGE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3275 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; 2. A copy of the Notice of Intent to Serve Subpoena, including the proposed subpoena, is attached to this certificate; 3. No objection to the subpoena has been received (See Exhibit A); and 4. The subpoena which will be served is) to the Notice of Intent to Serve By: Date: 1%10Q Jeffrey T. McGuire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant which is attached ,k ? z ,41* Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E. Bridge LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs, vs. BRICE E. BRIDGE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, & KEARNS By: Esquire D. o. 73617 1 North Front Street Harrisburg, PA 17110 c? (717) 232-7661 Date: Q l Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Leonard W. Tritt and Connie J. Tritt, Plaintiffs, VS. Brice E. Bridge, Defendant. File No. OS--3275 Civil Term SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Exchange (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Caldwell & Kearns at 3631 Borth Front Street, Harrisburg. PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jeffrey T. McGuire Esquire ADDRESS: 36i31 Nnrth Frnni Street 8arrisburr, PA 171 j 0 TELEPHONE: 717-232-7661 SUPREME COURT ID # 2 Z ji 17 --e-a-r--- ATTORNEY FOR: Re f e nr4 a n t BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy EXHIBIT "A" Any and all insurance records, PIP files and/or property damage files, including but not limited to medical reports and/or records, claims, bills, payment logs, any and all correspondence, photographs, documents supporting Plaintiff's claim, payments including dates of payment, payee and reasons for payments, including all such items as may be stored in a computer database or otherwise in electronic form pertaining to: Name: Leonard W. Tritt DOB: 12/04/47 SSN: 175-40-5324 Claim Number: 010170866982 Policy Number: Q03 0301622 H DOL: 07/05/06 including but not limited to any First Party files for the Plaintiff for any date of loss and any Property Damage files for the date of loss listed above. Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E Bridge LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs, VS. BRICE E. BRIDGE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thi ay of , 2009, I hereby certify that I have served a copy of the foregoing Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 a, l • 'Fwd - Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E Bridge LEONARD W. TRITT and IN THE COURT OF COMMON PLEAS CONNIE J. TRITT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. : No. 08-3275 BRICE E. BRIDGE, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this day of ?, 2009, I hereby certify that I have served a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 and Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 in the above captioned action on all counsel of record by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 By: I ,FW e mg N act rs OW ? c3 y cy x? -z 111' Jeffrey T. McGuire, Esquire Attorney I. D. # 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Brice E. Bridge LEONARD W. TRITT and CONNIE J.-TRITT, Plaintiffs vs. BRICE E. BRIDGE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO RULE UPON PLAINTIFFS' OBJECTIONS AND NOW comes, Defendant Brice E. Bridge, by and through his attorneys Caldwell & Kearns, to file the within Motion respectfully requesting this Honorable Court to rule upon Plaintiffs' Objections to Defendant's Subpoena to Produce Documents or Things for Discovery directed to Erie Insurance Exchange, and avers as follows: 1. On or about, June 5, 2006, a motor vehicle accident occurred between Plaintiff Leonard W. Tritt and Defendant. 2. Plaintiff Leonard W. Tritt claims the following injuries as a result of said motor vehicle accident: a. Right patellar contusion with resulting bursitis and cyst in the patellar bursa; b. Cervical strain; and c. Trauma to the right shoulder and shoulder blade. 3. Plaintiff Leonard W. Tritt claims he has incurred and will continue to incur medical bills and expenses as a result of the aforesaid injuries. 4. Plaintiff claims that the aforesaid injuries have caused chronic pain resulting in Plaintiffs being deprived of society, companionship, contributions, and consortium of one another. 5. On or ab6ut January 16, 2009, Defendant served Plaintiffs with a'Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to obtain Plaintiff's First Party files from Erie Insurance Exchange. 6. On February 3, 2009, Plaintiffs filed Objections to Defendant's Subpoena Pursuant to Rule 4009.21. 7. Plaintiffs claim that Defendant's Subpoena seeks evidence that is beyond the scope of permissible discovery as being irrelevant to Plaintiff's claims. 8. Defendant is entitled to obtain Plaintiff's First Party file under Pa.R.C.P. Nos. 4003.1 and 4009.1. 9. The records that Defendant is attempting to subpoena are relevant to Plaintiff's injuries claimed and Defendant's defenses thereto. 10. The concurrence of counsel for the Plaintiff has been sought and he does not concur with Defendant's within Motion. 11. A judge has not ruled on any other issue in this matter or a related matter. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiffs' Objections to Subpoena Pursuant to Rule 4009.21 and Order Erie Insurance Exchange to 2 deliver to Defendant the documents requested in Defendant's Subpoena to Produce Documents Pursuant to Rule 4009.22. Date: April 3, 2009 By: M uire, Esquire L D. # 73617 q Swell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant, Brice E. Bridge CERTIFICATE OF SERVICE AND NOW, this 3`d day of April 2009, I hereby certify that I have served a copy of the within Motion to Rule Upon Objections on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA * 17013 CALDWELL & KEARNS Fl ?f By: 4 10H APR -6 P" 3: 07 APR 0 9 [Udj &? LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs vs. BRICE E. BRIDGE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3275 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER &A An-, I day of A , 2009, upon consideration of AND NOW, this Defendant's Motion to Rule Upon Plaintiffs' Objections, it is hereby ORDERED that: (1) A Rule is issued upon Plaintiff to show why Defendant is not entitled to the relief requested; (2) The Plaintiffs shall file an answer to Defendant's Motion within 20 days of service upon the Plaintiffs; (3) The Motion shall be decided under Pa. R.C.P. No. 206.7 3/ ?, ?!'? (4) Argument shall be held on 3 , 2009 in Courtroom of the Cumberland County Courthouse; and (5) Notice of entry of this Order shall be provided to all parties by the Defendant. BY THE COURT: Distribution List: ,l,?f//`frey T. McGuire, Esquire; 3631 N. Front Street, Harrisburg, PA 17110; (717) 232-7661 , V ayne F. Shade, Esquire; 53 West Pomfret Street, Carlisle, PA 17013; (717) 243-0220 5 ti co 91 t ZA- ti.VJ 1J t^ N LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs V. BRICE E. BRIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3275 CIVIL TERM : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S MOTION TO RULE UPON PLAINTIFFS' OBJECTIONS 1.-2. Admitted. 3. It is admitted that Plaintiff Leonard W. Tritt claims that he has incurred and will continue to incur medical bills and expenses as a result of his injuries. By way of further response, Plaintiffs aver that the claims of Plaintiffs for medical expenses have not exceeded their first party coverages, and they have confirmed, in writing, to Defendant that they do not expect to be making any claims against Defendant for medical expenses or wage loss. 4. - 7. Admitted. 8. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 The averments of ¶ 8 of Defendant's Motion, being conclusions of law, no response is required. By way of further response, Plaintiffs aver that they have 41 confirmed, in writing, to Defendant that Plaintiffs will respond to any interrogatories or requests for production of documents that Defendant may wish to serve upon Plaintiffs with respect to the contents of Plaintiffs' first party claim file. 9. The averments of ¶ 9 of Defendant's Motion are denied. On the contrary, Plaintiffs aver that Plaintiffs' first party claims are irrelevant where Plaintiffs are expressly precluded from pleading and proving those claims under the provisions of § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. By way of further response, Plaintiffs aver that the scope of permissible discovery does not permit Defendants to undertake a fishing expedition directly into Plaintiffs' first party relations with Plaintiffs' own automobile insurance carrier where Defendant has made no attempt to issue discovery upon Plaintiffs to obtain information that would be in Plaintiffs' first party claim files. By way of further response, Plaintiffs aver that they have cooperated in Defendant's obtaining the medical records from the treating physician of Plaintiff Leonard W. Tritt. 10. - 11. Admitted. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- r WHEREFORE, Plaintiffs respectfully request that Defendant's Motion for direct access to Plaintiffs' first party claim file be denied. 6(/444f,/- 1-4rz Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at IAw 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- w LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs V. BRICE E. BRIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3275 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Plaintiffs' Answer to Defendant's Motion to Rule Upon Plaintiffs' Objections in the above-captioned matter upon Defendant herein by first class United States mail, postage prepaid, to his counsel of record, Jeffrey T. McGuire, Esquire, Caldwell & Kearns, 3631 North Front Street, Harrisburg, Pennsylvania 17110. Date: May 4, 2009 dZ4 " ne - / cz 94-0 4: 0, i Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I verify that the statements made in the foregoing Answers to Interrogatories are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: May 1, 2009 Leonard W. Tritt WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 PLED- CIE OF 7Hc F .. , '?,4RY 2009 MAY --4 PM 1: 21 LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs VS. BRICE E. BRIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3275 : JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO RULE UPON PLAINTIFFS' OBJECTIONS ORDER AND NOW, this 2 2 ,/ day of May, 2009, following argument thereon, the objections of the plaintiffs to defendant's subpoena to produce documents or things for discovery directed to Erie Insurance Exchange are OVERRULED and service of the subpoena is authorized. BY THE COURT, ? Wayne Shade, Esquire FFoor the Plaintiffs ? Karen Miller, Esquire For the Defendant :rlm i eS rn:a t LL s az? ?r :? ;': °, I ?_ 'tL ? },_ GSA "• C".y C"a LEONARD W. TRITT and CONNIE J. TRITT, Plaintiffs V. BRICE E. BRIDGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-3275 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO: Curtis R. Long, Prothonotary Please mark the docket in the above-captioned matter "Settled and Discontinued" with costs paid. Date: December 7, 2009 Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Penmsylvama 17013