The URL can be used to link to this page

Home My WebLink About04-3982 SAUNDRA SCHADEL Plaintiff IN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JURY TRIAL DEMANDED RUTH A. CONSOLI, Defendant No. 0 L/ - Jq~J.- c-:.:"':c ~ PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons upon the Defendant in the above captioned action. Date: ~0f Respectfully submitted, /-1 a- 0/ ~./ . /~/ .~/L',' . /Susan K. Pickfo ,E~ Attorney ID No. 43dgW 3344 Trindle Road Camp Hill, PA 17011 (717) 612-1660 Attorney for Plaintiff :.t- 1-. ~ Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS SAUNDRA SCHADEL Plaintiff Court of Common Pleas Vs. No. 04-3982 In CiviIAction-Law RUTH A. CONSOLI 2414 WICKLOW DRIVE HARRISBURG, PA 17112 Defendant To RUTH A. CONSOLI, 2414 WICKLOW DRIVE, HARRISBURG, PA 17112 You are hereby notified that SAUNDRA SCHADEL the Plaintiffhas / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date August 12, 2004 By f/I. I. : ~ -r)",<.k ""'" (j Deputy , Attorney: Name: SUSAN K. PICKFORD, ESQUIRE Address: 3344 TRINDLE ROAD CAMP HILL, PA 17011 Attorney for: Plaintiff Telephone: (717) 612-1660 Supreme Court ID No. 43093 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHADEL SAUNDRA VS CONSOLI RUTH A R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CONSOLI RUTH A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 27th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 31.25 .00 68.25 08/27/2004 SUSAN PICKFORD So answers: ('9~ _~?:.=2~~..-? R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of #.-Lu. dZov '{ A.D. q~A e~t~y~' . In 'the Court of Common Pleas of Cumberland County, Pennsylvania Saundra Schadel VS. Ruth A. Consoli No. 04-3982 civil Now, AUgust 13, 2004 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~~~ Sheriff of Cumberland County, PA Affidavit of Senrice Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ @ffire llf t4~ ~4~riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SCHADEL SAUNDRA vs County of Dauphin CONSOLI RUTH A Sheriff's Return No. 6430-T - -2004 OTHER COUNTY NO. 04 3982 AND NOW:August 23, 2004 at 3:22AM served the within WRIT OF SUMMONS upon CONSOLI RUTH A by personally handing to DEFT 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE FRONT AND MARKET ST HARRISBURG, PA 17101-0000 Sworn and subscribed to So Answers, Jf~ before me this 24TH day of AUGUST, 2004 ~A/ By Dauphin County, Pa. ep",y,d:.U- Sheriff of NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. t. 2006 Sheriff' Costs:$31.25 PD 08/18/2004 RCPT NO 198741 , Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jrn@jdsw.com (717) 761-4540 SAUNDRA SCHADEL, Attorney for Defendants Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 04-3982 CIVIL ACTION - LAW RUTH A. CONSOLI, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer judgment of non pros. N, DUFFIE, STEWART & WEIDNER B , Esquire DATE: RULE TO: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff J,cf) S And now, this 7I-l..eay of frl;::J/l..c.--~ ,you are hereby notified to file a Complaint within twenty (20) days of service in the above-captioned matter or a default judgment wi b entered against you. , CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 4, 2005: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER / erson J. Shipman . #: 51785 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 246062 "\1 - , r .~. .' ------------- Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jrn@jdsw.com (717) 761-4540 SAUNDRA SCHADEL, Attorney for Defendants Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-3982 CIVIL ACTION - LAW v. RUTH A. CONSOLI, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER er on J. Shipman, Esqui . #: 51785 01 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 246064 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 4, 2005: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER / By . J er . Shipman, Esquire I. . #: 51785 3 1 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 246062 -I', , , ,") - ~ Law Offices of Susan K. Pickford 3344 Trindle Road Camp Hill, PA l701I (717)612-1660 ID # 43903 SAUNDRA SCHADEL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Vs NO. 04-3982 RUTH A. CONSOLI, Defendant ACTION - CIVIL NOTICE Your have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this'complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you_ You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Court House I Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6200 SAUNDRA SCHADEL, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs NO. 04-3982 RUTH A. CONSOLI, Defendant ACTION - CIVIL COMPLAINT IN CIVIL ACTION Plaintiff, by her attorney, Susan K. Pickford, Esquire, demand damages of the defendant herein upon causes of action whereof the following are statements: 1. Plaintiff is an adult individual residing at 8 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is an adult individual residing in Dauphin County, Pennsylvania. 3. On or about August 12,2002 Plaintiffs vehicle was struck from behind by a vehicle driven by the Defendant on the Carlisle Pike in Cumberland County, Pennsylvania. 4. Plaintiff was taken to Carlisle Hospital for treatment of her injuries. 5. Upon impact Plaintiffs chest struck the steering wheel and her neck and lower back were injured as a result of a whiplash-type movement. 6. As a direct result of Defendant's negligence and carelessness, Plaintiff suffered damage to the vertebrae in her neck and lower back. 7. As a result of Defendant's actions, Plaintiff has suffered and will continue to suffer physical pain and suffering, disability and mental distress. 8. As a result of Defendant's actions, Plaintiff will incur economic loss in the form of expenditures for medical care. 9. Plaintiff was wearing her seat belt with shoulder harness at the time of the collision 10. Plaintiff was in a proper lane of traffic and in compliance with all traffic laws at the time of the collision and did not in any way contribute to the collision. WHEREFORE, Plaintiff, Saundra Schadel, demands damages of the defendant herein in a sum not in excess of the jurisdictional limits for arbitration plus costs. . . VERIFICATION I, SAUNDRA SCHADEL, hereby acknowledge that I am the Plaintiff in the attached Complaint and that I have read the foregoing Complaint. I verify that the averments of my complaint are true and correct to the best of my knowledge and based upon my personal knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: #:: ~ ~\. \~\~\'\\\({L( )Cho0Q\ S DRASCHADEL CERTIFICATE OF SERVICE I hereby certifY that a copy ofthe foregoing has been duly served' upon the following counsel of record, by deposting in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April I 1,2005. Jefferson J. Shipman, Esquire J.D. # 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant LAW OFFICE OF SUSAN K. PICKFORD " usan K. Pickfo J.D. # 43093 3344 Trindle Road Camp Hill, PAl 7011 Attorney for Plaintiff C) C:':'. ..< "" " ~:) {::-:i c.n r~ -" :;:J () ." ..... ~r: -n ;ll,:::: :r:i~D ~ L, - /~ ( ; ! , C) (J...J ~ J .< ~ohnson, Duffie, Stewart & Weidner ~y: Jefferson J. Shipman, Esquire 1;0. No. 51784 301 Market Street P.O. Box 109 ljemoyne, PA 17043-0109 tmail: jjs@jdsw.com (r 17) 761-4540 ~AUNDRA SCHADEL, I Plaintiff i I i v. ~UTH A. CONSOLI, I Defendants I 10: I I I You are hereby notified to plead to the enclosed New Matter within twenty (20) days frpm the date of service. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-3982 CIVIL ACTION - LAW JURY TRIAL DEMANDED NEW MATTER NOTICE Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ./7 JOfINSON, DUFFIE, STEWART & WEIDNER Jeffer on . Shipman, squire 1.0. 51785 P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: 717-761-4540 Attorneys for Defendant D~ TE: 5!Z!cJ";- 2t9324 I I , I I I . --I ~Ohnson, Duffie, Stewart & Weidner y: Jefferson J. Shipman, Esquire I D. No. 51784 01 Market Street P.O. Box 109 emoyne, PA 17043-0109 -mail: jjs@jdsw.com ( 17) 761-4540 AUNDRA SCHADEL, Plaintiff Attorney for Defendant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-3982 CIVIL ACTION - LAW JURY TRIAL DEMANDED UTH A. CONSOLI, Defendants ANSWER AND NEW MAHER OF DEFENDANT AND NOW, comes the Defendant, Ruth A. Consoli, by and through her counsel, J fferson J. Shipman, Esquire of Johnson, Duffie, Stewart & Weidner, and files the f Hawing Answer and New Matter to Plaintiffs Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part; denied in part. It is admitted that the Plaintiff was taken t a hospital. By way of further response, Ms. Consoli is without knowledge or in ormation to form a belief as to the truth of the remaining averments of paragraph 4, ~nd specifically the hospital the Plaintiff was taken to and whether the Plaintiff sustained ~ny injuries as a result of the accident and the same are therefore denied. I 5. Denied. After reasonable investigation, Ms. Consoli is without sufficient ~nowledge or information to form a belief as to the truth of the averments contained in aragraph 5 relating to Plaintiff's alleged injuries and the same are therefore denied 6. Denied. The averments contained in paragraph 6 are, in part, conclusions f law and fact to which no response is required. If a response is deemed to be r quired, the averments contained therein are specifically denied. After reasonable i vestigation, Ms. Consoli is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 6 relating to Plaintiff's alleged juries and the same are therefore denied. 7. Denied. The averments contained in paragraph 7 are, in part,conclusions o law and fact to which no response is required. If a response is deemed to be r quired, the averments contained therein are specifically denied. After reasonable i vestigation, Ms. Consoli is without sufficient knowledge or information to form a belief ysical pain and suffering, disability and mental distress and the same are therefore a to the truth of the remaining averments of paragraph 7 relating to Plaintiff's alleged d nied. 8. Denied. The averments contained in paragraph 8 are, in part, conclusions o law and fact to which no response is required. If a response is deemed to be r quired, the averments contained therein are specifically denied. After reasonable in estigation, Ms. Consoli is without sufficient knowledge or information to form a belief ~s to the truth of the remaining averments of paragraph 8 relating to Plaintiff's alleged ~conomic loss and expenditures for medical care, and the same are therefore denied. 9. Denied. After reasonable investigation, Ms. Consoli is without sufficient kinowledge or information to form a belief as to the truth of the averments contained in aragraph 9 and the same are therefore denied. 10. Denied. The averments contained in paragraph 10 are conclusions of law nd fact to which no response is required. WHEREFORE, the Defendant Ruth A. Consoli respectfully requests that dgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply the Defendant interposes the following n w matter defenses: 11. That the Plaintiff's alleged cause of action may be barred in whole or in P rt by the Pennsylvania Financial Responsibility Law and/or the limited tort option. 12. That if it should be found that there was any negligence on the part of Ms. C nsoli, which negligence is denied, any such negligence was not a proximate cause or f ctual cause of any harm to the Plaintiff. I " 13. The Plaintiff may have failed to mitigate her damages. 14. That the Plaintiff's alleged injuries and damages may have pre-dated the , ~ccident. ! , 15. That the Plaintiff's alleged cause of action have been caused in whole or i~ part by third parties or entities not presently involved in this action. I 16. That the Plaintiff's alleged cause of action may be barred in whole or in art by the Pennsylvania Comparative Negligence Act. WHEREFORE, the Defendant, Ruth A. Consoli, respectfully requests that dgment be entered in her favor and that Plaintiff's Complaint be dismissed with rejudice. Respectfully submitted, JO~N, DUFFIE. STE~ART & WEIDNER Jeffers n J. Shipman, Esq ire 1.0. #: 51785 P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: 717-761-4540 Attorneys for Defendant 2 9322 VERIFICATION I, Ruth A. Consoli, hereby acknowledge that I am the Defendant in this action; trat 1 have read the foregoing Answer and New matter; and that the facts stated therein Jre true and correct to the best of my knowledge, information and belief. . I understand that any false statements herein are made subject to penalties of 18 ~a. C. S. Section 4904, relating to unsworn falsification to authorities. (--2u:t~ A L~~' Rutti A. Consoli ~"e CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of reco1d, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May ~, 2005: ! Sus n K. Pickford, Esquire 334 Trindle Road eam Hill, PA 17011 Attor ey for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER ,/ Je ers J. Shipman, E I. . #: 51785 30 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant 249 23 (-.) r--:) r-..-::-;) ;.~':.'Cl ,-;'"\ .~ :." -",;;. I (..) C) e'll ~ i'h:n (-- .. . I , I ~ c; , ,l) if'. . , .......' ..... '"--"'J .~: Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51784 Wade D. Manley 1.0. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jrn@jdsw.com (717) 761-4540 Attorney for Defendants SAUNDRA SCHADEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-3982 CIVIL ACTION - LAW JURY TRIAL DEMANDED v. RUTH A. CONSOLI, Defendants AND NOW, this / MOTION TO COMPEL DISCOVERY J.- ~ay of July, 2005, comes the Defendant, through her undersigned attorneys, and moves for an Order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. The Defendant, the moving party herein, is Ruth A. Consoli, who is represented in this matter by Jefferson J. Shipman. and Wade D. Manley of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania, 17043; telephone number (717) 761-4540, and facsimile number (717) 761-3015. 2. The Plaintiff, the responding party herein, is Saundra Schadel, who is represented in this matter by Susan K. Pickford, Esquire, 3344 Trindle Road, Camp Hill, PA 17011. 3. This case involves a claim for personal injuries to thE! Plaintiff resulting from a motor vehicle accident which occurred on August 12, 2002. On May 9, 2005, the undersigned served Interrogatories and Requests for Production of Documents on the Plaintiffs counsel pursuant to Pa.R.C.P. 4005 and 4009.11. Copies of the Interrogatories and Requests for Production of Documents are attached, collectively, as Exhibit A. 4. On June 15, 2005, with the thirty (30) day period to serve answers and response to the discovery requests expired, the undersigned notified Plaintiff's cOIJnsel that the answers and responses to the discovery requests were overdue. A copy of the June 15, 2005 correspondence is attached as Exhibit B. 5. As of the date of the filing of this motion, no answers or objections have been received from Plaintiff's counsel to the above-enumerated discovery items in violation of Pa.R.C.P. 4006(a)(2) and 4009.12(a). 6. Plaintiff's counsel has provided no reason for such a delay in serving the required answers and responses to the Defendant's discovery requests. 7. By reason of the foregoing, the Plaintiff has failed to timely respond to the Defendant's discovery which is the subject of this motion and the Defendant requires the Plaintiff's compliance with discovery to evaluate the Plaintiff's claims involved in this matter and defend against the same. WHEREFORE, the Defendant moves that an Order be entered requiring the Plaintiff to answer and respond to the discovery propounded which is the subject of this motion. / , J HNSQ'tJ, DUFFIE, STEWART & WEIDNER t ~~~4 ~fferson J. Shipma , Esquire 0.#:51785 ade D. Manley Attorney 1.0. No.. 87244 301 Market Street P.O. Box 109 Lemoyne, PA H043-0109 Telephone (717) 761-4540 Facsimile (717) l61-3015 Attorneys for Defendant 255504 22740-1877 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire 1.0. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: lis@jdsw.com (717) 761-4540 SAUNDRA SCHADEL, Plaintiff v. RUTH A. CONSOLI, Defendants Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-3982 CIVIL ACTION - LAIN : JURY TRIAL DEMANDED . INTERROGATORIES PROPOUNDED BY THE DEFENDANT FOR ANSWER BY THE PLAINTIFF TO: Susan K. PickfQtrj, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff YOU ARE HEREBY notified to Answer the following Interroglatories within thirty (30) days from the date of service. DATE: s/~s JOHNSON, DUFFIE, STEWART & WEIDNER /l INTRODUCTION SCOPE. -- These standard interrogatories are for use in all matters subject to Rule 4001 of the Pennsylvania Rules of Civil Procedure. DEFINITIONS. -- The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phono!graphs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to: (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject Matter; (c) its author's Identity; (d) its addressee's identity; (e) its present location; and (f) its custodian's identity; (3) An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; (5) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. STANDARD INSTRUCTIONS. - The following instructions are applicable to these standard interrogatories: (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appr<opriate references to the corresponding interrogatories. 1. GENERAL 1) State: a) b) c) d) e) f) g) h) i) ANSWER: Your full name; Each other name, if any, which you have used or by which you have been known; The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; The address of your present residence and the addmss of each other residence which you have had during the past five years; Your present occupation and the name and address of your employer; Date of your birth; Your Social Security number; Your military service and positions held, if any; and The schools you have attended and the degrees or certificates awarded, if any. 2) If you are covered by any type of insurance, including any EIXceSS or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: a) The name of the insurance carrier which issued the p,olicy; b) The named insured under each policy and the policy number of each policy; c) The type(s) and effective date(s) of each policy; d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; e) Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable; and f. ANSWER: Identify the tort option you had at the time of this incident. 3) List and describe all expenses and losses that you have incurred because of the incident. ANSWER: 5) a) Identify each person who i) Was a witness to the incident through sight or hearing and/or ii) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. b) With respect to each person so identified, state that person's exact location and activity at the time of the incident. ANSWER: 5} If you know of anyone that has given any statement (as dl~fined by the Rules of Civil Procedure) concerning this action or its subject matter, state: a) The identity of such person; b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and c} The identity of any person who has custody of any suc;h statement that was reduced to writing or otherwise recorded. ANSWER: 7) Identify documents (except reports of experts subject to Pa. R.C.P. No. 4003.5) which describe the incident or the cause thereof. ANSWER: 8) If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: a) The nature or type of such item; b) The date when such item was made; c) The identity of the person that prepared or made each item; and d) The subject that each item represents or portrays. ANSWER: 9) If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify: a) Each person, and the employer of each person, who conducted any investigation(s); and b) All notes, reports or other documents prepared durin~g or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: 10) Identify each person you intend to call as a non-expert witnes.s at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 11) Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: a) The subject matter about which the expert is expectecl to testify; and b) The substance of the facts and opinions to which the expert is expected the testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER: 12) Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 13) If you intend to use any book, magazine, or other such writing at trial, state: a) The name of the writing; b) The author of the writing; c) The publisher of the writing; d) The date of publication of the writing; and e) The identity of the custodian of the writing. ANSWER: 2. PERSONAL INJURY. 15) Identify all injuries or diseases that you allege you suffered as result of the incident. ANSWER: 16) If, either prior to or subsequent to the incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident, state: a) The injury or disease you suffered; b) The date and place of any accident, if such injury or disease was caused by an accident; c) The identity of hospitals, doctors, or practitioners who rendered treatment or examination because of such injury or disease; and d) The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. ANSWER: 17) If you received medical treatment or examination (including X-rays) because of injury or disease you suffered as a result of the incident, state: a) The identity of each hospital at which you were treated or examined; b) The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; c) The identity of each doctor or practitioner by whom you were treated or examined; d) The date on which each such treatment or examination by a doctor or practitioner was rendered. and the charge for each; and e) The identity of any document(s) (except reports of e,xperts subject to Pa. R.C.P. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). ANSWER: 18) For the period of three years immediately preceding the date of the incident, state: -a) The name and address of each of your employers Olr, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; b) The dates of commencement and termination of each of your periods of employment or self-- employment; c) The nature of your occupation in each employment or self-employment; and d) The wage, salary, or rate of earnings received by you in each employment or self- employment, and the amount of income from employment and self-employment for each year. ANSWER: 19) If you have engaged in one or more gainful occupations subse~quent to the date of the incident, state: a) The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; b) The dates of commencement and termination of each of your periods of employment or self-- employment; c) The nature of your occupation in each employment or self-employment; d) The wage, salary, or rate of earnings received by you in each employment or self- employment, and the amount of income from empl,oyment and self-employment for each year; and e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident and the amount of any earninlls or other benefits lost by you because of such absence(s). ANSWER: 20) If, as a result of this incident, 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 incident, state with particularity: a) The duties and/or activities you have been unable to pElrform; b) The periods oftime you have been unable to perform; ;and c) The identity of all persons having knowledge thereof. ANSWER: 21) If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight hours immediately preceding the incident, state: a) The nature, amount, and type of item consumed; b) The amount of time over which consumed; c) The identity of any and all persons who have any knowledge as to the consumption of those items; and d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: 22) If you were under any physical or mental disability at the time IJfthe incident, explain the disability. ANSWER: 23. If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight hours immediately preceding the incident, state: a. The nature, amount, and type of item consumed; b. The amount of time over which consumed; c. The identity of any and all persons who have any knowledge as to the consumption of those items; and d. The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. ANSWER: 24. State in detail the manner in which you assert that the inc:ident occurred, specifying the speed, position, direction and location of each vehicl,e/bicycle involved during its approach to, at the time of, and immediately after the collision. ANSWER: 25. Are you alleging that you are entitled to damages for any medical expenses arising out of the care and treatment that was rendered by the Defendllnt(s) and/or any other medical care providers in this action? (a) If so, kindly enter the names of the medical care providers who rendered these services in Column "A" of the accompanying chart. (b) Kindly enter the total amount of charges for each medical care provider in Column "B" of the accompanying chart. (c) Request for Production of Documents: Kindly attach copies of all medical bills/invoices for the treatment rendered due to the injuries alleged in the Complaint and reflecting the amounts claimed in Column "B." ANSWER: 26. Did the Plaintiff possess medical insurance (e.g. accident !Ind health insurance, Blue Cross and Blue Shield, Pennsylvania Department of Public: Welfare or Medicaid) which paid any portion of Plaintiff's alleged medical expenses? (a) If so, kindly state the name of the insurer(s}; thl~ address(es), and the policy number(s) for the medical insurance which paid any portion of Plaintiff's alleged medical expenses. (b) Kindly enter the total amount of the medical expenses for each provider that was paid by Plaintiff's insurance carrier in Column "C" of the accompanying chart. (c) Request for Production of Documents: Kindly attach copies of any receipts showing amounts paid by Plaintiff's medical insurer and reflecting the amounts paid in Column "C." ANSWER: 27. Were any of Plaintiffs medical expenses "written off" or forgiven or otherwise not owed by reason of a contract or agreement between the medical care provider and Plaintiff's medical insurer, as a compromise of a bill between the medical care provider and the Plaintiff or for any other reason? (a) Kindly enter, in Column "D" of the accompanying chart, the amount of the medical expenses that were "written off' or forgiven or otherwise not owed by reason of a contract between the health care provider and Plaintiff's medical insurer, as a compromise of a bill between the medical care provider and the Plaintiff or for any other reason. ANSWER: 28. Were or are any of Plaintiff's medical expenses personally owed or owing by Plaintiff or his or her representatives and, therefore, not paid by Plaintiffs insurance carrier and/or written off, forgiven or otherwise not owed with respect to any medical care provided by Defendant(s) and/or any other medical care providers who provided care for which Plaintiff is claiming damages? (a) Kindly enter, in Column "E" of the accompanying c:hart, the amount of the medical expenses that were or are personally owed by Plaintiff or his or her representatives and, therefore, not paid by Plaintiff's insurance carrier and/or written off, forgiven or otherwise not owed with respect to any medical care provided by Defendant(s) and/or any other medical care providers who provided care for which Plaintiff is claiming damages. ANSWER: A 8 C D E Medical Care Total medical Amount of Amount "written Amount paid or owed Provider charges for each medical charges off," forgiven, or by Plaintiff for his or '..' medical care paid by othe,rwisenot her representatlves provider Plaintiffs owed .' personally(Le. not paid . insurance by ihSuranceand not . . ' " written6ff) ... ,.., .< " . . . .' . , '. . . , ..... . " .'. ' , '.' . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly :served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 9, 2005: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff , DUFFIE, STEWART & WEIDNER efferson J. Shi man, Esquire ttorney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (7'17) 761-4540 Attorneys for Defendant 250239 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com (717) 761-4540 SAUNDRA SCHADEL, Plaintiff AttornE~y for Defendant v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-3982 CIVIL ACTION - LAW RUTH A. CONSOLI, Defendants JURY TRIAL DEMANDED DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF TO: Saundra Schadel, Plaintiff and Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Pursuant to Pennsylvania Rules of Civil Procedure No. 4009, please submit for inspection and copying to the law offices of Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA, 17043, within thirty (30) days form the date hereof, the following: 1. Any of the documents or instrumentalities involved in the incident, or photographs of the same if the instrumentality cannot be made available for inspection by reason of bulk or unavailability. 2. All photographs obtained during the course of your investigation of the matters relating to this lawsuit. 3. Copies of all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this litigation. 4. Copies of all doctors' reports, dental records, e,mployment records or other information relevant to this lawsuit which you have in your cust,ody or possession and which would have a bearing on the claims asserted in this litigation. 5. Any plans, drawings, brochures, pamphlets or othE~r matter or materials relevant to the subject matter of this litigation. 6. Copies of all experts' reports made or secured by you in connection with your investigation of this accident. 7. Copy of the Declaration Sheet from the insurance policy you had in effect on the date of this accident. JOHNSON, DUFFIE, STEWART & WEIDNER B DATE: S/lf5' CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 9, 2005: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff , DUFFIE, STEWART & WEIDNER eff rson J. Shipm n, Esquire ttorney 1.0. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 250239 JERRY R, DUFFlE RICHARD W STEWART C. ROY WEIDNER, [R. EDMUND G, MYERS DAVID W. DELuCE JOHN A STATLER JEFFERSON J. SHIPMAN RALPH H. WRIGHT IR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M WALKER WADE D, MANLEY LAW OFFICES JOHNSON DUFFIE June 15, 2005 Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Re: Schadel v. Consoli No. 04-3982 Dear Ms. Pickford: OF COUNSEL HORACE A. JOHNSON F LEE SHIPMAN BRUCE I GROSSMAN' "'admil1cd in N'i only WRITKf(SP,:Tr Nrl_ I,J.'; r;. MALL ,J>ISlrij(l$w .com Please call me at your earliest convenience. The Plaintiff's discovery answers are overdue. According to my file, they were served on or about May 9, 2005. I look forward to hearing from you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Jefferson J. Shipman JJS:mem bcc: Ms. Debbie Wallace Erie Insurance Group Claim No.: 010170630131 252937 ~(Q)~\t? 301 MARKET STREET P,O, BOX 109 LEMOYNE. PENNSYLVANIA 17043.0109 WWW,JDSWCOM 717.761.4540 FAX. 717.761.3015 MAIL@jDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICA TE OF SERVICg AND NOW, this ,')1~day of July, 2005, the undersignl3d does hereby certify that she did this date serve a copy of the foregoing MOTION TO COMPEL DISCOVERY upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 & WEIDNER ('" "".:'\ 0 , -n :..--:::5 t~~ ..'J , "<, (. , , , .., , , .... .... - SAUNDRA SCHADEL, Plaintiff . IN THE"COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RUlli A. CONSOLI, Defendant NO. 04-3982 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of August, 2005, upon consideration of Defendant's Motion To Compel Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY lliE COURT, ~san K. Pickford, Esq. 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff 0t.~ esley Ole~ J. ~ferson J. Shipman, Esq, Wade D. Manley, Esq. 30 I Market Street P.O. 109 Lemoyne, PA 17043-0109 Attorneys for Defendant ~ :rc " 98 :5 :'::~~ '1'~ AuvIL);' enn] _'V""--.A :Ie Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51784 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jrn@jdsw.com (717) 761-4540 SAUNDRA SCHADEL, Attorney for Defendants Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 04-398~~ : CIVIL ACTION - LAW RUTH A. CONSOLI, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE withdraw Defendant's Motion to Compel Discovery Answers from the Plaintiff. N, DUFFIE, STEWART & WEIDNER fferson J. Shi~~ . #: 51785 01 Market Strel3t P.O. Box 109 Lemoyne, PA 1'7043-0109 Attorneys for Defendant Date:G 191oS- 256426 1./' CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the fOllowing counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 9, 2005: Susan K. Pickford, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff JOH SON, DUFFIE, STEWART & WEIDNER e erson J. Shipman, Esquire .D.#:51785 301 Market StreElt P.O. Box 109 Lemoyne, PA 1i'043-0109 Attorneys for Defendant 249323 ,. (') "" 0 = c = " -~ en ':"c... ",. :r -oLG rnrr' c: ~~ -y--,,-, c;-;, ",-...--... 2':\: tn,'::: 0 Q ;:S t.:~ ~i~ ..", I~ 0 :z "? ~- >c: r:-? 0 ? );! ~ U1 ::0 N -< ','. SAUNDRA SCHADEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-3982 : CIVIL ACTION - LAW v. RUTH A. CONSOLI, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. '/) ~/~~ ,--_f'?~r , ../A"! "So,," K: Pi"" d, E"'"f 3344 Trindle Road t Camp Hill, PA 17011 Attorney for Plaintiff Date: 264401 " ,--I < i ~ ,-------