HomeMy WebLinkAbout02-07-05
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS"AT"lAW
2(J W. High Street
C.Irlisle, PA
IN RE:
ELEANOR U.
COOLIDGE,
DECEASED
: IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
"--J
. NO. 21-03-936
: JURY TRIAL DEMANDED
MOTION FOR RULE TO SHOW CAUSE
AND NOW, come Respondents, THOMAS E. COOLIDGE and PHILIP
W. COOLIDGE, and make the following motion for rule to show cause:
1. A hearing in this matter was originally scheduled for October 13,
2004.
2. By motion of Petitioner, a continuance was granted and this
matter was scheduled for December 27, 2004, and December 29, 2004, based upon
Petitioner's motion indicating that their identified expert, Bruce H. Price, M.D., would
not be available for a hearing on those dates, and that all medical records had notl
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been received to be reviewed.
3. On December 14, 2004, Petitioner filed a further motion for a
continuance on the grounds that some records had not been received, and identifying
a new expert, Robert Wettstein, MD., as Petitioner's expert. A continuance wa
granted and this matter has now been scheduled for Monday, February 28, 2004, an
Thursday, March 3, 2004.
4. Pennsylvania Rules of Civil Procedure, specifically, Pa.R.CP
S4003.5(c) contemplate that an expert report will be received prior to trial, and that th
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS.AT-LAW
26 \.\,. High Street
Carlisle, PA
expert's testimony is limited in that it "may not be inconsistent with or go beyond the
fair scope" of his report or testimony in discovery.
5. Counsel for Petitioner has agreed to provide a copy of his expert
report upon receipt, as set forth in the letter of October 14, 2004, attached hereto as
Exhibit "A".
6. All medical records have been received and counsel for Petitioner
has advised that it is in the hands of Petitioner's expert witness who is reviewing the
materials.
7. Respondents will need a reasonable period of time before the
hearing to review the report and consult with decedents treating physicians, and any
other necessary experts, in order to prepare testimony to respond to Petitioner's I
I
expert's expected testimony, and to any opinions set forth in his report.
WHEREFORE, Respondents request that the Court enter a Rule to
Show Cause why Petitioner should not be required to provide Respondents withl
Petitioner's expert's written report on or before February 14, 2005, or by such other
date as the Court directs, or be precluded from presenting said expert's testimony at
the hearing scheduled on this matter.
SAlOIS, SHUFF. FLOWER & LINDSAY
Attorneys for Respondents
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SAIDIS
SHUFF, FLOWER
& LINDSAY
A1TOR~YS.AT.LAW
26 \V. Hi!';h Strce!
Carlisle,I'A
VERIFICATION
I, PHILIP W. COOLIDGE, hereby verify that the statements made in the
within instrument are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
1k' ('~~
Ph~ W' Coolid e
Date: Fe h ,,-,,_.., 1 )..., "'.,
4
OCT 1 5 200,
R. MARK THOMAS
Attorney at Law
101 South Market Street
Mechanicsburg, Pennsylvania 17055-8851
Telephone: (717) 796-2100
Telefax: (717) 796-8600
October 14. 2004
.lames D. Flower. .Ir., Esq.
26 West High Street
Carlisle. PA 17013
Re: Estate of Eleanor C. Coolidge
Dear Jim:
[ understand that Green Ridge Village l\"ursing Home is going to require a HIPA
"ppOl\ ed authorization for release of records. .vleS has t'Jf\varded to you the necessary
I,'nn i,'r V(Jur cl ients to sign. Pkase see that the form is completcd promptly so that [ can
get thuse records to Dr. Price. I did receive a telephone call hom Judge Okr"s chambers
that this matter has been scheduled I"r December 17 and Deccmber 29 oethis vear.
Since that time period is a popular time tor people to take vacations [ wonder
about the' availability of Dr. Price during that week. Jf he is going to be unavailable you
and I ma) have to travel to Boston tor his video taped deposition. I will notify you and
provide you with a copy orhis report upon my receipt oCsame.
[,'you have any questions or concerns please conlact rnc.
Very trul v yours.
R. 'vlark rhomas
R\IT ac
ec: Fli/abcth Coolidgc-Slolz
EXHIBIT
I A