HomeMy WebLinkAbout04-5892
WILLIAM P. DOUGLAS, ESQUIRE
SUPREME COURT LD. # 37926
DOUGLAS LAW OFFICE
27 WEST HIGH STREET
CARLISLE, PA 17013
TELEPHONE (717) 243-1790
EILEEN L. MINNICH and
BRUCE E. MINNICH, her
husband,
and
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her
husband
v.
AUTUMN RICKRODE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, P A
CIVIL ACTION - LAW
NO. 2004- Sg- 4}-
JURY TRIAL DEMANDED
PRAECIPE TO ISSUE A WRIT OF SUMMONS
Dear Mr. Long:
Please issue a writ of summons against the defendant, Autumn Rickrode.
Dated: November 19, 2004
~~~ . . ~ .
William P. Douglas, Esquire
Attorney for Plaintiffs
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EILEEN L. MINNICH and
BRUCE E. MINNICH, her
husband,
and
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her
husband
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, P A
CIVIL ACTION - LAW
NO. 2004 - 5?i q J-
V.
AUTUMN RICKRODE
JURY TRIAL DEMANDED
WRIT OF SUMMONS
To: Autumn Rickrode
46 East Penn Street
Carlisle, P A 17013
You are hereby notified that Eileen L. Minnich and Bruce E. Minnich, her
husband, and Pamela J. Sheaffer and James R. Sheaffer, her husband, have
brought an action against you.
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Proth8notary
Dated: November ~ 3 , 2004
~
WILLIAM P. DOUGLAS, ESQUIRE
DOUGLAS LAW OFFICE
27 WEST HIGH STREET
CARLISLE, PA 17013
TELEPHONE (717) 243-1790
ATTORNEY FOR PLAINTIFFS
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EILEEN L. MINNICH and
BRUCE E. MINNICH, her
Husband,
-and -
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2004-5892
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her
husband
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
Plaintiffs
v.
AUTUMN RICKRODE,
Defendants.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of undersigned counsel on behalf of Defendant,
Autumn Rickrode.
By:
Richard B. Druby
Attorney I.D. # 61
840 E. Chocolate venue
Hershey, PA 17033
Tel: 717-533-5406
Fax: 717-533-5717
Attorneys for Defendant
Date:
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CERTIFICATE OF SERVICE
I, Richard B. Druby, of the law firm ofNestico, Druby & Hildabrand, LLP,
hereby certify that on the r:2 I ~ay of December, 2004, a copy of the foregoing
document was sent via First Class U.S. Mail, postage paid, to the following:
William P. Douglas, Esquire
27 West High Street
Carlisle, P A 17013
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EILEEN L. MINNICH and
BRUCE E. MINNICH, her
Husband,
-and-
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2004-5892
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her
husband
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
Plaintiffs
v.
AUTUMN RICKRODE,
Defendants.
PRAECIPE FOR RULE TO FILE A COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter Rule on the Plaintiffs to file a Complaint within twenty (20) days of service or
suffer judgment of non pros.
By:
Date:
1!o~S
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chard B. Druby, Es ire
Attorney J.D. No. 619
840 East Chocolate Avenue
Hershey, Pennsylvania 17033
(717) 533-5406
Attorney for Defendant
RULE TO FILE A COMPLAINT
To: William P.Douglas, Esquire
27 West High Street
Carlisle, P A 17013
You are hereby directed to file a Complaint in the abovt: matter within twenty (20) days
of service or non pros will be entered against you.
Date: ,j~. IO,.;lf)OS
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Prothonotary
CERTIFICATE OF SERVICE
I, Richard B. Druby, of the law firm ofNestico, Druby & Hildabrand, LLP,
hereby certify that on the ~ day of January, 2005, a copy of the foregoing
document was sent via First Class U.S. Mail, postage paid, to the following:
William P. Douglas, Esquire
27 West High Street
Carlisle, P A 17013
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DOUGLAS LAW OFFICE
1:1 W.HIGH ST.
POB 261
CARLISLE P A 17013
TELEPHONE 717-243-1790
WILLIAM P. OOUGLAS. ESQ.
Supreme Court I.D.# 37926
Eileen L. Minnich and Bruce E.
Minnich, h/h
Pamela J. Sheaffer and James R.
Sheaffer, h/h
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Plaintiffs
vs
No. 04 - 5892 Civil Term
Autumn Rickrode
Civil action law
Jury Trial Demanded
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACfION
WITHIN TWENTY DAYS AFfER 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
OBJECfIONS 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 MAYBE 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 AFJ~ORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Square
Carlisle PA 17013 717-249-3166
BY~
DATE: January 26,2005
Complaint
1. The plaintiff, Eileen 1. Minnich and Bruce E. Minnich, her husband, are
adult individuals residing at 1844 Pine Road, Newville, Pennsylvania.
2. The plaintiff, Pamela J. Sheaffer and James R. Sheaffer, her husband, are
adult individuals residing at 2256 Pine Road, Newville, Pennsylvania.
3. The Defendant, Autumn Rickrode, is an adult individual residing at 46
East Penn Street, Carlisle, Cumberland County,. Pennsylvania.
4. On or about, December 6, 2002, the plaintiff Pamela J. Sheaffer and her
passenger Eileen 1. Minnich were traveling east on Old York Road,
Dickinson Township, Cumberland County, Permsylvania.
5. At about the same time and place, the defendant was operating her
vehicle on Dickinson School Road and failed to stop for the stop sign at
the intersection of Old York Road and proceeded to collide with the
vehicle occupied by the plaintiffs.
6. The vehicles traveling on Old York Road had the right of way at said
intersection.
7. The impact occurred as a direct and proximate result of the defendant's
negligence.
8. The defendant was negligent in the following respects:
a) failing to maintain a proper lookout;
b) failing to drive within the assured clear distance ahead;
c) failing to operate her vehicle in a safe and prudent manner;
d) failing to stop her vehicle before she collided with the plaintiff.
e) failing to obey traffic control devices and yield the right-of-way.
Count 1
Eileen L. Minnich v Autumn Rickrode
9. The allegations in paragraphs 1 through 8 are incorporated herein and
reference is made thereto.
10. As a direct and proximate result of the negligence of the defendant the
plaintiff, Eileen 1. Minnich, was injured. Her injuries, and/ or aggravation
of possible pre-existing condition(s), include but are not limited to:
a) injury to her nerves and nervous system;
b) injury to her spine and supporting structures;
c) injury to her legs;
d) injury to chest and chestwall;
e) cervical sprain/ strain
11. As a result of her injuries, the plaintiff has incurred medical expenses in
the past and may continue to incur the same in the future in amounts that
may not be covered by the Pennsylvania Motor Vehicle Financial
Responsibility Act.
12. As a result of her injuries, the plaintiff has incurred pain and suffering and
may continue to incur the same in the future.
13. As a result of her injuries, the plaintiff has incurred aggravation,
inconvenience, disability, and a loss of life's pleasures, and may continue
to incur the same in the future.
14. As a result of the injuries the plaintiff sustained on December 6,2002, the
plaintiff may have lost wages and the plaintiff's economic horizons may
be limited.
Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the
defendant in an amount in excess of that requiring compulsory referral to arbitration. A
jury trial is hereby demanded.
Count 2
Pamela J. Sheaffer v Autumn Rickrode
15. The allegations in paragraphs 1 through 8 are incorporated herein and
reference is made thereto.
16. As a direct and proximate result of the negligence of the defendant the
plaintiff, Pamela J. Sheaffer, was injured. Her injuries, and/ or aggravation
of her pre-existing condition{s), include but are not limited to:
a) injury to her nerves and nervous system;
b) injury to her spine and supporting structures;
c) injury to her knee
17. As a result of her injuries, the plaintiff has incurred medical expenses in
the past and may continue to incur the same in the future in amounts that
may not be covered by the Pennsylvania Motor Vehicle Financial
Responsibility Act.
18. As a result of her injuries, the plaintiff has incurred pain and suffering and
may continue to incur the same in the future.
19. As a result of her injuries, the plaintiff has incurred aggravation,
inconvenience, disability, and a loss of life's pleasures, and may continue
to incur the same in the future.
20. As a result of the injuries the plaintiff sustained on December 6, 2002, the
plaintiff may have lost wages and the plaintiff's economic horizons may
be limited.
Count 3
Bruce E. Minnich v Autumn Rickrode
21. The allegations of paragraphs 9 through 14, are incorporated herein and
reference is made thereto.
22. As a direct and proximate result of the injuries suffered by his wife the
plaintiff, Bruce E. Minnich, hereby claims a loss of consortium as a result
of her injuries, in that, said injuries may have had a detrimental and
substantial impact upon the marriage of the parties.
Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the
defendant in an amount in excess of that requiring compulsory referral to arbitration. A
jury trial is hereby demanded.
Count 4
James R. Sheaffer v Autu.mn Rickrode
23. The allegations of paragraphs 15 through 20, are incorporated herein and
reference is made thereto.
24. As a direct and proximate result of the injur'ies suffered by his wife the
plaintiff, James R. Sheaffer, hereby claims a loss of consortium as a result
of her injuries, in that, said injur'ies may have had a detrimental and
substantial impact upon the marriage of the parties.
Wherefore it is prayed that judgment be entered in favor .of the plaintiff and against the
defendant in an amount in excess of that requiring compulsory referral to arbitration. A
jury trial is hereby demanded.
January 26, 2005
~~~tted
William P. Douglas, ~
Attorney for Plain;~t\
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge and/or information and belief.
This is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
\/~-
William P. Douglas
Attom~y for Plaintiffs
Date: January 26, 2002
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EILEEN 1. MINNICH and
BRUCE E. MINNICH, her
Husband,
-and-
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2004-5892
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her
Husband,
Plaintiffs
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v.
AUTUMN RICKRODE,
Defendant,
v.
PAMELA J. SHEAFFER,
Additional Defendant.
NOTICE TO DEFEND
To: Pamela J. Sheaffer
C/o William P.Douglas, Esquire
27 West High Street
Carlisle, P A 17013
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 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.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
NOTICA
LE HAN DEMANDADO A USTED EN LA COURTE. Si usted quiere
defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20)
dias de plazo al partir de Ian fecha de la demanda y la notificacion. U sted debe presentar
una apariencia escrita 0 en persona 0 por abogado y archival en la corte en forma escrita
sus defensas 0 sus objeciones a law demandas en contra de su persona. Sea avisado que
si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacaion y por cualguier queja 0 alivio que es pedido en la peticion de
demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TlENE AGOGADO 0 SI NO TIENCE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA
CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
EILEEN 1. MINNICH and
BRUCE E. MINNICH, her
Husband,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
-and-
No. 2004-5892
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her
Husband,
Plaintiffs
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v.
AUTUMN RICKRODE,
Defendant,
v.
PAMELA J. SHEAFFER,
Additional Defendant.
NOTICE TO PLEAD
TO: Eileen 1. Minnich and Bruce E. Minnich, her husband -AND-
Pamela J. Sheaffer and James R. Sheaffer, her husband
c/o William P. Douglas, Esquire
27 West High Street
Carlisle, PA 17013
You are hereby notified to plead to the enclosed Answer With New Matter and
New Matter Crosse/aim within twenty (20) days from service hereof or a default
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NESTICO, DR~,1& ~,~DAB ND, LLP
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/ Richard B. Druby, . sC/Ui
Attorney I.D. No. 61904
840 East Chocolate Avenue
Hershey, Pennsylvania 17033
Tel: (717) 533-5406
Fax: (717) 533-5717
Attorney for Defendant
'f
judgment may be entered against you.
By:
Dated:
EILEEN 1. MINNICH and
BRUCE E. MINNICH, her
Husband,
.and.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2004-5892
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her
Husband,
Plaintiffs
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v.
AUTUMN RICKRODE,
Defendant,
v.
PAMELA J. SHEAFFER,
Additional Defendant.
DEFENDANT'S ANSWER WITH NEW MATTER AND NEW MATTER
CROSSCLAIM PURSUANT TO PA.R.C.P. 2252 (d)
I. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
2. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
3. Denied as stated as Defendant's current address is 238 Walnut Bottom
Road, Carlisle.
4. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
5. Denied as stated. It is admitted that Defendant was operating her vehicle
on December 6, 2002, on Dickinson School Road, near the intersection of Old York
Road. As to the remaining allegations of Paragraph No.5, they are denied.
6. Conclusion oflaw, to which no response is required. To the extent a
response is required, the allegations of Paragraph NO.6 are denied.
7. Conclusion oflaw, to which no response is required. To the extent a
response is required, the allegations of Paragraph No.7 are denied.
8. Conclusion of law, to which no response is required. To the extent a
response is required, the allegations of Paragraph No.8, including Subparagraphs a)
through e) are specifically denied.
WHEREFORE, Defendant demands that Plaintiffs' Complaint be
dismissed and that judgment be entered in her favor and against Plaintiffs, plus costs of
this action.
COUNT]
9. The averments of Paragraphs I through 8 above are incorporated herein by
reference.
10. Conclusion oflaw, to which no response is required. To the extent a
response is required, the allegations of Paragraph No. 10 are denied.
I I. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
12. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
13. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
14. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed and
that judgment be entered in her favor and against Plaintiffs, plus costs of this action.
COUNT 2
15. Paragraphs 1 through 14 above are incorporated herein by reference.
16. Conclusion of law, to which no answer is required. To the extent a
response is required, the allegations of Paragraph No. 16 are specifically denied.
17. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
18. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
19. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
20. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments, and they are
therefore denied.
WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed and that
judgment be entered in her favor and against Plaintiffs, plus costs of this action.
COUNT 3
21. Paragraphs I through 20 above are incorporated herein by reference.
22. Conclusion oflaw, to which no response is required. To the extent a
response is required, the allegations of Paragraph No. 22 are specifically denied.
WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed and
that judgment be entered in her favor and against Plaintiffs, plus costs of this action.
COUNT 4
23. Paragraphs 1 through 22 above are incorporated herein by reference.
24. Conclusion of law, to which no response is required. To the extent a
response is required, the allegations of Paragraph No. 24 are specifically denied.
WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed and
that judgment be entered in her favor and against Plaintiffs, plus costs of this action.
NEW MATTER
25. Paragraphs 1-24 above are incorporated herein by reference.
26. Plaintiffs' claims are barred, in whole or in part, by the provisions of
the Pennsylvania Motor Vehicle Financial Responsibility Law.
27. Plaintiffs' claims may be barred, in whole or in part, by the selection of
a limited tort option on applicable policies of insurance.
28. Plaintiffs' may have failed to mitigate their damages.
29. Defenses reserved pursuant to Pa.R.C.P. 1030(b) and all other defenses
not required to be pleaded or hereby reserved.
30. Plaintiffs' claims may be barred, in whole or in part, by the applicable
statute oflimitations.
31. If Plaintiffs sustained damages as alleged, which is denied and of which
strict proof is demanded, the same were caused by conditions for which Defendant is not
responsible and/or the damages were not causally related to this accident.
32. If the Plaintiffs sustained damages as alleged, which is denied and of
which strict proof is demanded, the same were caused by persons or parties over whom
Defendant had no responsibility, authority or control.
33. At all times relevant hereto, Defendant operated her vehicle with
reasonable care and with due regard for the safety of persons and property.
34. The Defendant was faced with a sudden emergency, not of her own
making and she is, therefore, not liable for the accident in question.
35. The accident in question was unavoidable.
WHEREFORE, Defendant demands that Plaintiffs' Complaint be dismissed and
that judgment be entered in her favor and against Plaintiffs, plus costs of this action.
NEW MATTER CROSSCLAIM PURSUANT TO PA.R.C.P. 2252 (d) DIRECTED TO
PLAINTIFF. PAMELA J. SHEAFFER
36. Paragraphs 1 through 35 are incorporated herein by reference.
37. If it is judicially determined that Plaintiffs, Eileen 1. Minnich and Bruce
E. Minnich are entitled to recover, then Defendant herein joins Pamela J. Sheaffer as an
additional defendant and avers that she is solely liable to Plaintiffs, Eileen 1. Minnich
and Bruce E. Minnich, jointly and severally liable to Plaintiffs, Eileen 1. Minnich and
Bruce E. Minnich, or liable over to Defendant for indemnity and/or contribution with
respect to Plaintiffs, Eileen 1. Minnich and Bruce E. Minnich's claims.
38. The accident in question was proximately caused by the negligence,
carelessness and recklessness of Plaintiff, Pamela 1. Sheaffer, in that she:
(a) Failed to maintain a proper lookout;
(b) Failed to operate her vehicle in a safe and prudent manner;
(c) Failed to obey posted speed limits in violation of75 Pa.C.S.A. 9 3362
and other applicable statutes and/or law;
(d) Failed to drive at a safe speed in violation of75 Pa.C.S.A. 93361:
(e) Failed to drive so as to stop within the assured clear distance ahead;
(f) Failed to stop her vehicle before striking the Defendant's vehicle; and
(g) Failed to have her vehicle under proper and adequate control.
39. Accordingly, Defendant joins Plaintiff, Pamela J. Sheaffer as an additional
defendant with regard to the claims of Plaintiffs, Eileen L. Minnich and Bruce E.
Minnich.
WHEREFORE, Defendant herein joins Plaintiff, Pamela J. Sheaffer, as an
additional defendant and demands that she be held solely liable to Plaintiffs, Eileen L.
Minnich and Bruce E. Minnich, jointly and severally liable to Plaintiffs, Eileen 1.
Minnich and Bruce E. Minnich, or liable over to Defendant for indemnity and/or
contribution with respect to Plaintiffs, Eileen L. Minnich and Bruce E. Minnich's claims.
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Date:
Respectfully Subrnirtitd:
NESTICO, DIW"RV & fIlLDABRAND, LLP
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Richard B. DruMy,
Attorney I.D. # 61~
840 E. Chocolate A venue
Hershey, PA 17033
Tel: 717-533-5406
Fax: 717-533-5717
Attorneys for Defendant
By:
Y]':RIFICA TIQN
1. Autumn Rickrode, verify that the statements made in the foregoing document
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. e.s. ~4904 relating
to unsworn falsification to authorities.
;jAiJ)AM. d J1ecrKr&tU
Autumn Rickrode
Date: ;:< - J..J-; -OS:-
CERTIFICATE OF SERVICE
I, Richard B. Druby, of the law firm ofNestico, Druby & Hildabrand, LLP,
J.,yL
hereby certifY that on the / day of February, 2005, a copy of the foregoing
document was sent via First Class U.S. Mail, postage paid, to the following:
William P. Douglas, Esquire
27 West High Street
Carlisle, PAl 7013
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05892 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MINNICH EILEEN L ET AL
VS
RICKRODE AUTUMN
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County/Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
RICKRODE AUTUMN
the
DEFENDANT
, at 1120:00 HOURS, on the 9th day of December, 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
AUTUMN RICKRODE
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
.00
.00
10.00
.00
28.00
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R. Thomas Kline
12/09/2004
WM DOUGLAS LAW OFFICE
Sworn and Subscribed to before
By:
"'ceLL! J rvLG-t~
Deputy Sheriff
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Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4550
EILEEN L. MINNICH and
BRUCE E. MINNICH, her husband,
and
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her husband,
Plaintiffs
Attorney for Def ndant
IN THE COURT OF COM ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 04-5892 Civil Term
CIVIL ACTION - LAW
v,
AUTUMN RICKRODE,
Defendant
v.
PAMELA J. SHEAFFER,
Additional Defendant
JURY TRIAL DEMANDED
ANSWER OF THE ADDITIONAL DEFENDANT, PAMELA J. SH AFFER,
TOCROSSCLAIM OF DEFENDANT AUTUMN RICKRO E
AND NOW, comes the Additional Defendant, Pamela J. Sheaffer, b and through her
counsel, Johnson, Duffie, Stewart & Weidner, and files the following Answer to the Crossclaim
of Defendant, Autumn Rickrode:
36. No response is required.
37. Denied. The averments contained in paragraph 37 are concl sions of law and
fact to which no response is required. If a response is deemed to be requir d, the averments
contained therein are specifically denied.
38. Denied. The averments contained in paragraph 38, and sub aragraphs (a)
through (g), are conclusions of law and fact to which no response is require . If a response is
deemed to be required, the averments contained therein are specifically de ied.
(a) Denied. To the contrary, Ms. Sheaffer did maintain a proper and careful
look-out;
(b) Denied. To the contrary, Ms. Sheaffer did operate he vehicle in a safe
and prudent manner at all times relevant to this cause of action;
(c) Denied. To the contrary, Ms. Sheaffer did obey the p sted speed limit
and was in no way in violation of the Pennsylvania Motor Vehicle Co e or any other
applicable statutes and/or laws;
(d) Denied. To the contrary, Ms. Sheaffer did at all times drive at a safe
speed and did not violate any provision of the Pennsylvania Motor V hicle Code:
(e) Denied. To the contrary, Ms. Sheaffer did not violate he assured clear
distance ahead rule;
(f) Denied. To the contrary, Ms. Sheaffer was in no way negligent, careless
and/or reckless in allegedly striking the Defendant's vehicle; and
(g) Denied. To the contrary, Ms. Sheaffer did have her v hicle under proper
and adequate control at all times.
39. Denied. The averments contained in paragraph 39 are concl sions of law and
fact to which no response is required. If a response is deemed to be requir d, the averments
contained therein are specifically denied.
WHEREFORE, the Additional Defendant, Pamela J. Sheaffer, respe ully requests that
judgment be entered in her favor and that any and claims being asserted ag inst her be
dismissed with prejudice.
Respectfully submitted,
JOHNSON, DUFFIE, STEWAR & WEIDNER
_'1fr<. ~
Jefferson J. Shi man, E quire
1.0. #: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-01 9
e-mail: jjs@jdsw.com
Attorneys for Additional efendant
DATE: t:j/5/o S-
VERIFICATION
I, Pamela J. Sheaffer, have read the foregoing Answer to the Crosse aim of Defendant
and hereby affirm that it is true and correct to the best of my personal knowl dge, or information
and belief. This Verification and statement is made subject to the penalties f 18 Pa. C.S.
94904 relating to unsworn falsification to authorities; I verify that all the state ents made in the
foregoing are true and correct and that false statements may subject me to t e penalties of 18
Pa. C.S. 94804.
DATE:
245023
'L
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly served up n the following
counsel of record, by depositing the same in the United States Mail, postag prepaid, in
Lemoyne, Pennsylvania, on April 5, 2005:
William P. Douglas, Esquire
27 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Richard B. Druby, Esquire
Nestico, Druby & Hildabrand, L.L.P.
840 East Chocolate Avenue
Hershey, PA 17033
Attorneys for Defendant
JOHNSON, DUFFIE, STEWA & WEIDNER
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Je erson J. Shipm n, Es uire
. . #: 51785
01 Market Street
P.O. Box 109
Lemoyne, PA 17043-010
Attorneys for Additional D fendant
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I{ichard B. Druhy, Esquirc
Attorucy LD. No. 61904
NESTICO, ImUHV & HILI)AHRAND, LLI'
840 East Chocolate A venue
Hershey, I'A 17033
(717) 533-5406
(717) 533-5717 (facsimile)
Attorney for Defendant
............................................................................................ II........................................................
EILEEN L. MINNICH and
BRUCE E. MINNICH, hcr
II ushand.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
-and-
No. 2004-5892
PAMELA .I. SHEAFFER and
JAMES R. SHEAFFER, her
hushand
C1VIL ACTION - LA W
JURY TRIAL DEMANDED
Plaintiffs
v.
AUTUMN RICKRODE,
Dcfendants.
DEFENDANT'S MOTION TO COMPEL DISCOVERY
AND NOW. comes the Defendant hy and through her attorncys. Nestico, Druhy &
llildahrand, LLP, and moves this Honorable Court pursuant to Pa. R.C.p. 4019, to enter an ordcr
compelling the Plaintiffs to answer Intcrrogatories and rcspond to the Requcst for Production of
Documcnts for the rcasons stated bclow:
I. Plaintilfs have commcnced this action allcging that Plaintilfs. Eilecn L. Minnich and
Paula J. Sheaffer, sustained bodily injury and damagcs as a result of a motor vehicle
accident, which occurred on December 6, 2002.
2. Plaintiffs havc also allcgcd that PlaintifTs, Bruce E. Minnich and Jamcs R. ShcafTcr.
sulTcd lrom loss of consortium as a result of bodily injury allcgcdly sustaincd by thcir
rcspcctive wivcs in thc motor vchiclc accidcnt. which occurrcd on Dcccmbcr 6, 2002.
3. On Fcbruary 24, 2005. Defcndant scrvcd upon Plaintill's Minnichs. Intcrrogatorics and
Rcquest for Production. The Interrogatorics are limitcd in numbcr inquiring into
rccognized arcas of discovcry and the Request for Production, likewisc, callcd for the
production of documents or othcr itcms which may lead to the discovcry of admissible
evidence. Copies of the Interrogatories and Rcquest for Production are attached hcrcto
as Exhibit '"A" and '"13" respectively.
4. On Fcbruary 24, 2005, Defendant servcd upon Plaintill's ShcaiTcrs, Interrogatories and
Request for Production. The Interrogatories are Iimitcd in number inquiring into
recognized arcas of discovcry and the Request for Production, likewise, call cd for the
production of documcnts or other items which may lead to the discovcry of admissible
evidence. Copies of the Interrogatories and Request for Production are attached hereto
as Exhibit '"C" and '"0" respectively.
5. On April 12. 2005, not having received any rcsponses to the discovcry. undersigncd
counsel forwarded a letter to Plaintilfs' counsel indicating that the discovcry responses
were overdue. and allowing an additional sevcn (7) days for the Plaintifl's to respond to
the discovery. See undersigned counsel's Iettcr of April 12, 2005, attached hereto as
Exhibit "E".
6. To date. Plaintill's havc ncither answercd thc Intcrrogatories, produccd the documents,
or other items, nor liled any objection within the time allowcd by law.
7. DelCndant cannot properly prepare the def'ense of this action without the information
requested of Plainti fTs.
8. Because of Plaintiffs' failure to provide the information, documents and other things
requested, it is appropriate for an order to he issued requiring Plaintiffs to comply fully
with the discovery rcqucsts, or suiTcr sanctions. including dismissal, for failure to
comply, all pursuant to Pa. R.C.p. 4019 and othcr applicahle law.
WHEREfORE, Defcndant respcctfully rcqucsts this Honorahle Court entcr an Order
requiring PlaintiiTs Minnichs and PlaintifTs SheaiTers to provide full and complete answcrs to
Defendant's Interrogatories and to produce fully the documcnts requested in Defendant's Rcquest
for Production within ten (10) days of this Ilonorahle Court's ordcr, with sanctions to he placed
upon PlaintiiTs. upon furthcr application of the Defendant, if the PlaintiiTs fail to comply with such
ordcr.
Respectfully Suhmitted.
By:
HILDABRAND, LLP
Dated:
if'~~
Richard B. Druby .
Attorney J.D. No.6 4
NESTICO, DRUBY & IflLDABRAND. LLP
840 East Chocolate Avenue
Hcrshey, P A 17033
(717) 533-5406
(717) 533-5717 (facsimile)
Attorney for Defendant Rickrode
CERTIFICATE OF SERVICE
l, Christiana E. Appleby, of the law linn of Nestico, Druby & Ilildabrand, LLP, hcrcby
ccrtify that on the
day of April, 2005, a copy of the fiJrcgoing doculllcnts was scnt via
First Class U.S. Mail. postage paid, to the following:
William P. I)ouglas, F:squire
27 West High Street
Carlisle, PA 17013
.Iefferson J. Shipman
JOHNSON, DllFFIE, STEW ART & WEIDNER, I'.c.
301 Market Street
1'.0. Box 109
Lemoyne,l'A 17043-0109
Christiana E. Appleby
EILEEN L. MINNICH and
BRUCE E. MINNICH. her
Husband,
-and-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2004-5892
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER, her
husband
: CIVIL ACTION - LA W
: JURY TRIAL DEMANDED
PlaintilTs
v.
AUTUMN RICKRODE,
Defendant
INTERROGATORIES OF DEFENDANT
ADDRESSED TO PLAINTIFFS MINNICH - SET I
TO: Eileen L. Minnich and Bruce E. Minnich, her husband
C/O William P. Douglas, Esquire
27 West High Street
Carlisle, PA 17013
We are enclosing herewith Interrogatories propounded by Defendant to be
answered by Plaintiffs within thirty (30) days from the date of service hereof. with a
request that a copy of the answers to served upon counsel for Defendant.
These shall be deemed to be continuing Interrogatories. It: between the time of
your answers and the time of trial of this case, you or anyone acting on your behalf,
learns of any further information not contained in your answers. you shall promptly
furnish such information to the undersigned by supplemental answers.
By:
Date:
:; !2<!(v5
ichard B. Druby. Es lire
Attorney J.D. No. 619
840 East Chocolate Avenue
Hershey, Pennsylvania 17033
Tel: (717) 533.5406
Fax: (717) 533-5717
Attorney for Delendant
I>EFINITIONS
A. The term "person:' as used herein. means any natural person. partnership.
corpol'ation. or other busincss entity and all prcsent and former omccrs. directors.
agents. employees. attol'l1eys. and other acting or purporting to act on behalf of
such natural person. partnership, corporation, or other business entity,
B. The term "document." as used herein. mean the original and all copies of
any written, printed, typed. or other graphic matter of any kind or natl1l'e and any
other tangible thing in your custody or control, including but not limited to:
I, All contracts, agreements, letter agreements. representations.
warranties, certiticates, and opinions;
2. All letters or other forms of correspondence or communication.
including envelopes and notes, telegrams. cables. telex messages, telex and
messages. including reports. notes, notes, notations. and memoranda of or relating
to telephone conversations or conferences;
3, All memoranda. reports. test results, financial statemcnts or
reports. notes. scripts. transcripts. tabulations. studies. analyses. evaluations.
projections, work papers, corporate records or copies thereof. expressions or
statements of pol icy, lists. questionnaiJ'es, surveys, charts. gi'aphs, summaries,
extracts. statistical statements or records, compilations and opinions or reports of
consultants;
4, All desk calendars. appointment books. and diaries;
S, All minutes. records, or transcripts of meetings and conferences
and lists of persons attending meetings or conferences;
6, All reports and summaries of interviews or negotiations;
7. All books. articles. press releases, magazines. newspapers,
booklets, brochures. pamphlets. circulars. bulletins. notices. instructions. and
manuals:
8. All motion pictures and photographs (whether developed or
undeveloped). tape recordings. microtilms. phonographs. tapes or other records.
punch cards, magnetic tapes. discs. data cells. dl'llll1S. print-outs, and other data
compilations ti'om which information can be obtained: and
9. Drafts of any documents. revisions of any draft documents, and
original or preliminary notes.
C. The term "communication," as used herein, means all statements,
admissions, denials. inquiries. discussions. conversations. negotiations.
agreements, contracts, understandings. meetings, telephone conversations. letter,
correspondence, notes, telegrams, telexes, advertisements. or any othel' form of
written or verbal intercourse.
D. The term "identify," when used with respect to a document, means to state
the date, author, addressee, type of document. (e.g., "letter"); to identify its last
known custodian and location: and to state the exhibit number of the document if
it has been marked during the course of a court proceeding.
E. The term "identity." When used with respect to an individual, means to
give the person's full name. all known aliases. present or last known business and
home addresses and telephone numbers, and present position or business
affiliation.
F. The term "identity," when used with respect to any other "person:' means
to gi ve the person' s official. legal, and formal name or the name under which the
person acts or conducts business. the address and telephone number of the
person's place of business. professional. commerce. or hOl11e, and the idcntity of
the person's principal or chief executive officer or pcrson who occupics the
positionl11ost closcly analogous to a chief executive.
G, The term "relate(s) to:' as used herein, l11eans constitute(s). rcter(s) to.
retlect(s). concern(s). pertain(s) to. or in any way logically or factually conncct(s)
with the matter described in the interrogatory,
H. The tcrl11 "accident:' as used herein, means the occurrence that forms the
basis ofa cause of action or claim for reliefset forth in the complaint or similar
pleading.
INTERROGATORIES
1. State your age, giving date and place of birth. and state your Social
Secul'ity number, and tlillname.
ANSWER:
2. DlIring the Jive-year period preccding the accident. were YOll treated for
any illness. ailment or condition? If so. give the names and addresses of hospitals. if any.
in which YOll were conlide or treated, the names and addresses of attending physicians.
the conditions for which YOll were treated. and the date of the same. the length of time
sllch condition existed und whcther these conditions existed at the time of the accidcnt.
ANSWER:
3. Have you at any time during your lifetime been admitted as a patient in a
hospital for any illness. accident. ailment or condition of any nature'?
ANSWER:
4. If so. fOI' each sLlch hospitalization. state:
(a) The name and address of the hospital:
(b) The inclllsive dates of hospitalization:
(c) A description of the condition. illness, accident or ailment for which YOLl
were hospitalized:
(d) A description of the treatment received at the hospital.
ANSWER:
5. Did you have any sllrgical opcrations pcrformcd lIpon YOllrself during YOllr
lifetime prior to the accident? Ifso. state specifically where and whcnthe same took
place. the nature thereot: the names and addresses of the physicians performing the same.
whether said conditions were wholly cured. or whethcr listing or permancnt conditions
remained atthc time of the aceidcnt. and thc natllrc of any such lasting or permanent
condition.
ANSWER:
6. Ifyoll have becn hospitalizcd as a rcslIlt ofyollr injurics rcceived in the
accident referred to in YOllr Complaint. for each period of hospitalization. state:
(a) The name and address of the hospital:
(b) The inclllsive dates of hospitalization
(c) A description of the injllries for which YOll were hospitalized:
(d) A description of the treatment received at the hospital:
(e) An itemization of each charge for sllch hospitalization
(t) The amount paid and by whom;
(g) Whether fllture hospitalizations will be necessary, and if so, the estimate
cost.
ANSWER:
7. For each doctor or any other medical personnel who examined 01' treated
you for injuries received in the accident to in your Complaint. state:
(a) His nUl11e. address und speciulty:
(b) Each dute of examination and treutment:
(c) The type of examination and treatment:
(d) An itemization of each charge for such examination and treatment:
(e) The amount paid and by whom:
(1) Whether future treatments and examination will be necessary, and ifso,
the estimated cost.
ANSWER:
8. Were YOll ever involved in an accident Pl'evious or subsequcnt to thc
accidcnt complaincd of in this action'? (fso. state whcre and when the accidcnt look
place: the nature and extcnd of your injuries and conditions I'esulting from such accident:
whether or not the nature of these injlll'ies or conditions were tcmporary or pcrmancnt:
the names and addresscs of the doctors who attended you and the hospilals where you
were con tined or treated. with the date of !i'eatlllent and conl1nelllent,
ANSWER:
9. If you have ever tiled an action against any person for damages for pcrson
injuries. other than in this action. for each stich action. state:
(a) The date, place, name ofcollrt and number and term of the action:
(b) The name ofthc pcrson YOll sued:
(c) The name. address and telephone number of the attol'l1ey I'eprescnting the
person you sued;
(d) The name, address and telephone number of the attol'l1ey representing you
in the action:
(e) A description of the accident in which YOll suffered injllries, inclllding
time. date and place:
(I) A description of the injuries for which YOll claimed damages:
(g) The disposition 01' termination of the action:
(h) Whether you received any amount by judgment or settlement. and if so,
the amount received and from whom.
ANSWER:
10. What was your occupation or bllsincss during the live-ycar pcriod
prcccding this accidcnt. the nature of your dutics, thc Icngth oflil11c cngagcd in cach. and
thc namcs and addrcsscs of cach cmploycr or busincss and thc addrcss whcre you actually
worked in each instance.
ANSWER:
11. What were your gross and net eal'l1ings for the live-year pcriod preccding
this accident on a wcckly or monthly hasis?
ANSWER:
12. Do you have in your posscssion copies of the fedcral income tax rcturns
tiling on your behalf fllr each of the tive years preceding this tlccident? Is so. atttlch a
copy of etlch return to your answers.
ANSWER:
13. Give in detail any and all expenses and losses which you claim resulted
fi'Olll the accidellt which forms the basis of this suit, stating the nature of the same. the
bills incurred and the addresses of the parties to WhOlll any monies may be owing orwel'e
paid,
ANSWER:
14. 1.lave YOll or has anyone action in YOllr hehalf obtained !i'om any person
or persons any rcport. statcmcnt. mcmorandllm or testimony concerning the aecidcnt
involvcd in this callsc of action? Ifso:
(a) What is the name and last known address and present whcrctlhollts. if
knowll, of cach sllch person?
(b) When, where and by whom was etlch slIch report. sttltement.
memorandllm or testimony obtained or made?
(cl Where is each located?
ANSWER:
15. If you are in possession of any photographs of the locale or surrounding
area oftbe site of the accidcnt. or any otbcrl11alters or things involved intbis accident.
slllte:
(a) The daters) when such photographs were taken:
(b) The names and addresses oftbe party taking them:
(c) The object(s) or subject(s) or the particular site or view each photograph
represents;
(d) Where lhey were taken; and
(e) The present whereabouts of the photographs and the name and addresses
of whomsoever is in possession or custody thereof.
ANSWER:
16. State whether any plans. drawings. sketches or diagrams exist 01' were
made of the site oflhe alleged accident, and ifso. state:
(a) The identity of each of said plan. drawing. sketch and diagl'am:
(b) The date when each of the same was made;
(c) The name and address of the person making the same;
(d) The name and address of the person having clIstody of the same,
ANSWER:
17. Are YOll prescntly employcd or have you bcen employcd since the
accident referred to ill YOllr Complaint? Ifso. state the name and address of your
employer or employers. the Icngth of time you have wOI'kcd for each cmployer or
employers. including the dates covering sllch employmcnt: your wages or salary ill
connection with sllch employment. and set forth in detail how YOllr prescnt physical
condition adversely all'ects YOllr ahility to carryon such employmcnt. if in fact it docs.
ANSWER:
18, State specitically each and every arca of YOUI' body that was physically
injured in the accidcnt referred to in your Complaint. induding a complete description of
cach such injury,
(a) Set forth specilically which of the above injuries 01' conditions are
permanent, if any:
(b) Set forth the scope. the extent of medical treatment you have rcccived in
connection with each such injury or condition from the time of the
accident to the prescnt date, and specify which injuries are still being
treated and in what manner.
ANSWER:
19. If you still suner pain ti'om any of your injuries and conditions reslilting
fromlhe accidcnt refcrred to in your Complaint. state spccif1cally thc frequcncy and
nature of the pain and the injuries from which it emanates.
ANSWER:
20. What is the nmne and last known address and present whereaboLlts, if
known. of each person whom YOLl or anyone acting in your behalfknows or believes to
have witnessed said accident'?
ANSWER:
21. State the name. present address, and plaee ofcmploymcnt of each person
whom YOll intend or expect to call as a witness at the trial of this case.
ANSWER:
22. Identify each person whom you expect to call as an expcrt witncss at the
trial of this case. As to each witness state:
(a) The subject matter on which he is expected to testify.
(b) The facts and opinions to which he is expected to testify.
(e) A summary of the grounds tor each opinion.
(d) Whether the tucts and opinions listed in (b) above are contained in a
written repol1. memorandum. or other transcript and if they are. give the
name and address of the present custodian of same and state whether YOll
will produce the same without the necessity of a motion,
(e) If the opinion of any expert listed above is based in whole or in part on
any scientitic rule or principle; set torth the said rule or principle.
(I) If the opinion of any expert listed above is based in whole or in part on
any code. regulation or standard, governmental or otherwise. identity the
said code. regulation or standard and speeitically set torth the section
relied upon.
(g) If the opinion of an)' expert listed above is based in whole or in part UpOl1
any scientitic or engineering textbook or other publication. identity said
text or publication.
ANSWER:
23. With rcspcct to coch pcrson you expcct to coli as an cxpcJ1 witncss or the
trill! of this case. stote:
(0) His oge, residence and business oddress.
(b) The nome and oddt.css of his prcscnt employer or ifsclt~el11ploycd. the
name of the business and his occupation.
(c) His educational bockground spccitying colleges attended dates of
attcndance. degrccs attaincd, and a detailcd list of all writings prcpared by
the expert or in which the expel1 participated in any way whatsoevcr.
(d) Spccil1c identitication of all courses attended, seminar attend cd. and othcr
activities on thc part of the expert within the past tcn years which were
concerned with the subject lor which the expert was retained in this case.
(e) The namc and address tor the persons or I1I'111S for whom the individual
worked for the last ten years and a detailed description of all duties at eoch
placc ofcl11pJoymcnt. Iflhe cxpert was self.employed. state speciticolly
and in dctail the description of his duties and responsibilitics.
ANSWER:
24. Do you intend to LIse any book. magazine or other writing at the trial of
this case? If so. describe the writing in detail as to author. publisher. copyright date, and
give the name and address of any known present cLlstodian of said writing.
ANSWER:
25. I'l~as~ stat~. in d~tail and without r~f~r~nc~ to your Complaint, how this
accid~nt happ~ned.
ANSWER:
R~sp~ctfully subl1litt~d.
HILDABRAND. LLP
By:
Dat~: ~ I:; (~ 0-
v "
ichard B. Druby. Es i
Attorney J.D. No. 61
840 East Chocolat~ A v~nlle
H~rshey, P~nnsylvania 17033
Tel: (717) 533-5406
Fax: (717) 533-5717
Attorney for Def~ndant
CERTIFICATE OF SERVICE
I. Richard B. Druby. of the law finn of Nestico, Druby & I'lildabrand,
LLP. hereby certify that onthed V~ay of February. :2005. a copy of the
foregoing doculllent was sent via First Class U.S. Mail. postage paid. to the
following:
WiIIillm P. Dougllls, Esquire
27 West High Street
ClIrlisle, PA 17013
EILEEN L. MINNICH and
BRUCE E. MINNICH. her
Husband.
-and-
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
No. 2004-5892
PAMELA J. SHEAFFER and
JAMES R. SHEAFFER. her
husband
: CIVIL ACTION. LAW
: JURY TRIAL DEMANDED
Plaintitl's
v.
AUTUMN RICK RODE,
Defendant
DEFENDANT'S REQllEST FOR PRODUCTION OF DOClIMF:NTS - SF:T I
DIRECTED TO PLAINTIFFS EILF:EN L. MINNICH llnd BIWCE E. MINNICH
Pursuant to Pa. Rule of Civil Procedure 4009, you are hereby requested to
produce for inspection and copying at the offices of Defendant's counsel.
Nestico. Druby & I-lildabrand. LLP. 840 East Chocolate Avenue. Hershey. Pennsylvania.
17033. or at such other location as may be mutllally agreed upon by counsel not later than
thirty (30) days aileI' service of these Requests. the following documents. In lieu of the
formal schedule production. copies of all requested documents, properly identified by
request. may be forwarded to Detimdant's counsel the above address within thirty (30)
days aileI' service of these Requests.
These Requests are deemed to be continuing Requests. and any documentation or
information requested herein which is discovered. obtained or available subsequent to
your first response hereto shall be fUl'llished immediately to Defendant's counsel.
DEFINITIONS
The word "document" 01' "documents" as used in the within Request includes,
without limitation or exception. the original and copies of the following items: (Whethcr
printed 01' recorded or reproduced by another other mechanical process, or writlen or
produced by hand). Agreements, communications, correspondence, telegrams,
memoranda. summaries or records of personal conversations or interviews. diaries,
reports, graphs, notebooks. note charts. plans, drawings, sketches, maps, summaries or
records of meetings or conferences, summaries or reports of investigations or
negotiations, opinions or reports of consultants, drafts, letters, any marginal comments
appearing on any document, and writings of every kind. This definition shall also be
deemed to include any machine-produced document. whether from a computer or not,
notes and records of any oral communication and recordings (tape, disk, or other) of oral
communications.
The word "communication" as used in the within Request shallmetlll any
transmission of information by oral. written, pictorial. 01' otherwise perceptible means.
including but not limited to. telephone convel'sations. letters, telegrams, and persona
conversations.
The word "person" as used in the within Request shalll11ean any individual,
corporation. partnership, unincorporated association or business entity,
DOCUMENTST08EPRODUCED
1. All statements. signed statements. transcripts of recorded statements, or
interviews of any person or witness relating to, ref'<:rring to. 01' describing any of
the events 01' c1uims described in the Complaint filed in this case.
2. All doclIments prepared by any insurer or representative of Plaintiffs.
except Plaintins' llttorneys. during an investigation of the accident 01' any of the
events 01' claims described in the Complaint. Such documents shall include any
documents made or prepared up to the present time. with the exclusion of mental
impressions. conclusions 01' the opinions respecting the value or merit of a claim
or defense or respecting strategy or tactics.
3. All photographs of the sccne of the accidcnt or any of the vehicles
involved in the accident.
4. All federal. state. and local income tax returns tiled by Plaintiffs during
the live years preceding the accidcnt in question.
5. All reports of any experts.
6. Allmedical,'eports. medical and hospital bills, wage loss information and
other expenses you are claiming resulting from the accident in question.
7. All reports of any physicians. mental health professionals or vocational
specialists pertaining. to Plaintiffs.
Date:
8. All dccluJ'(tlion sheets of the Plaintitrs insurance in et1cct at the time of
the accident. indicating coverages and whcther Plaintiffs curried the full tort
option or limited tort option.
J?tf~J
j
Respectfully submitted.
NESTleo. DR~ HILDABRAND, LLP
By:
Richard B. r y, squi
Attorney 1.0. .61904
840 East Chocolate A venue
Hershey. Pennsylvania 17033
Tel: (717) 533.5406
Fax: (717) 533-5717
Attomey for Defendant
CERTIFICATE OF SERVICF:
I. Richal'd B. Druby. of the law firm of Nestico, Druby & Hildabrand,
LLP. hereby certity that on the .P-f~y of Febl'llary. :2005, a copy of the
foregoing document was sent via First Class U.S. Mail, postage paid. to the
following:
William P. Douglas, Esquire
27 West High Street
Carlisle, PA 17013
-
EILEEN L. MINNICH and
BRUCE E. MINNICH. her
Husband.
-and-
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
No. 2004-5892
PAMELA.I. SHEAFFER and
.lAMES R. SHEAFFER. her
husband
: CIVIL ACTION. LA W
: .IUR Y TRIAL DEMANDED
PlaintitTs
v.
AUTUMN RICKRODE.
Dcfendant
INTERROGATORIES OF DEFENDANT
ADDRESSED TO PLAINTI FFS SHEAFFER - SET J
TO: Pamela J. Sheaffer and James R. Sheaffer, her husband
C/O William P. Douglas, Esquire
27 West High Street
Carlisle, PA 17013
We are enclosing herewith Interrogatories propounded by Defendant to be
answered by PlaintitTs within thirty (30) days li'om the date of service hereol: with a
request that a copy of the answers to served upon counsel for Defendant.
These shall be deemed to be continuing Interrogatories. If, between the time of
your answers and the time of trial of this case. you or anyone acting on your behalf.
learns of any further information not contained in your answers, you shall promptly
furnish such information to the undersigned by supplemental answers.
Richard B. Drub. uire
Attorney I.D. No. 61904
840 East Chocolate Avenue
Hershey. Pennsylvania 17033
Tel: (717) 533-5406
Fax: (717) 533-5717
Attorney for Defendant
Date: ~/~~(Jr
DEFINITIONS
A. The term "'person:' as used herein, means any natural person, partnership,
corporation. or other busincss cntity and all prcscnt and formcr officcrs. directOl's.
agents. employees. attol'l1eys. and other acting or purpol.ting to act on bchalfof
such natural person. partnership, corporation. or other business entity.
B. The term "'document,"' as used herein. mean the original and all copies of
any written, printed. typed. or other graphic matter of any kind or nature and any
other tangible thing in your custody or control, including but not limited to:
1. All contracts, agreements, letter agreements, representations,
warranties. certificates, and opinions;
2. All letters or other forms of correspondence or communication.
including envelopes and notes, telegrums, cables. telex messages. telex and
messages. including reports, notes. noles. notations, and memoranda of or relating
to telephone conversations or conferences:
3. Allmemorandu. reports. test results. tinuncial statements or
reports, notes, scripts. transcl'ipts, tabulutions, studics. unalyses. evaluations,
projections, work papers, corporute records or copies thereof: expressions or
stUlements of policy. lists, questionnaires. surveys, chm.ts. graphs, summaries.
extracts. statistical statements or records. compilations and opinions or reports of
consultants:
4. All desk calendars. appointment books. and diaries:
5. Allminules. records. or transcripts of meetings and conferences
and lists of persons attending meetings or conlerences;
6. All reports and summaries of interviews or negotiations:
7. All books. articles. press releases. magazines. newspapers,
hooklets. hrochures. pamphlets. circulars. hulletins. notices. instructiOlls, and
manuals;
8. All motion pictures and photographs (whether developed or
undeveloped), tape recordings. microtilms. phonographs. tapes or other records,
punch cards, magnetic tapes. discs. data cells. drums, print-outs. and other dolo
compilations from which information can he ohtained: and
9. Drat!s of any documents. revisions of any drat! documents, and
original or preliminary notes.
C. The term "communication," as used herein. means all statements,
admissions. denials. inquiries. discussions. convel'sations. negotiations.
agreements. contracts, understandings, meetings. telephone conversations, letter,
correspondence, notes, telegrams. telexes. advertisements. or any other form of
written 01' verbal intercourse.
D. The term "identity," when used with respect to a document. means to state
the date. author. addressee. type of document. (e.g.. "letter"); to identity its last
known custodian and location; and to state the exhihit number of the document if
it has heenmarked during the course of a court proceeding.
E. The term "identity:' When used with respect to an individual. means to
give the person's full name. all known aliases. present or last known husiness and
home uddresses and telephone numhers, and present position or husiness
at1iliation.
F. The term "identily:' when used with respect to any other "person:' means
to give the person's ot11cial, legal. and formal name or the name under which the
person acts or conducts husiness, the address and telephone numher of the
person's place of business. professional. commerce. or home. and the identity of
the person's principal or chief executive oflicer or person who ()ccupies the
positionmosl closely analogous to a chicI' executive.
G, The term "relate(s) to,'" as used hel'ein. means conslitule(s). rcfer(s) 10.
retlect(s). concern(s). pertain(s) to. or in any way logically or factually connect(s)
with the matter descrihed in the interrogatory,
H. The term "accident." as used herein, means the occtlrrence that forms the
basis of a cause of action or claim for relief set forth in the complaint or similar
pleading.
INTERROGATORIES
1, State your age, giving date and place of birth, and state your Social
Security numher. and full name.
ANSWER:
2. During the live-year period preceding the accidcnt. were youlreated for
any illness. ailment or condition? If so. give the names and addresses of hospilals. ifany.
in which you were conlide or treated. the names and addresses of (lttending physicians.
the conditions for which you were lreated, and the date of the somc. the length of time
sllch condition existed and whethcr these conditions exisled al the time oflhe accident,
ANSWER:
3. I-lave you at any time during YOlll' lifetime been admitted as a palient ill a
hospital for any illness. accident. ailment 01' condition of any nature'?
ANSWER:
4. If so. I'lli' each such hospitalization. state:
(a) The name and address of the hospital:
(b) The inclusive dotcs of hospitalization:
(c) A description of the condition. illness, accidcnl or oilment for which you
were hospitalized:
(d) A description of the treatment received at the hospilal.
ANSWER:
5, Did you have any surgical operations performed upon yourself during your
litelime prior to the accident'? 11'50. state spcciticallywhere and when the same look
place. the nature theretll: the names and addresses of the physicians perl()I'ming the same,
whether said conditiolls were wholly clll'cd. or whether listing or permanent conditions
remoincd at the time of the accident. and the nuture of uny such lasting or permanent
condition.
ANSWER:
6. If you have becn hospitolizcd as 0 rcsult of your i1\iuries receivcd in the
accidcnt referrcd to in your Complaint. jll\' each reriod of hospitalization. stalc:
(a) The name and address of the hospilal:
(b) The inclusive dales of hospitalization
(c) A description of the injuries for which you were hospitalizcd;
(d) A description of the treotment rcceived at the hospital:
(e) An itemization of each charge for such hospitalization
(I) The amount paid and by whom:
(g) Whether future hospitalizations will he necessary. and if so. the estimate
cost.
ANSWER:
7. For each doctor or any othcr mcdical personnel who examined or treated
you Il)r injuries received in Ihe occident to in your Complnint. state:
(a) His name. addrcss and spccialty:
(b) Each dute of examination and treatmcnt:
(c) The type ofexllll1ination and treatment:
(d) An itcmization of each charge for such examination and treatment:
(e) The amount paid and by whom:
(I) Whether future treatments and examination will be necessary. and ifso.
the estimated cost.
ANSWER:
8, Were you evcr involved in an accident previous or subsequent to the
accident complained of in this action? I f so. state wherc and when the accident took
place: the nature and extend OfYOlll' injurics and conditions rcslIlting from such accidcnt:
whethel' 01' not the nature of these injuries 01' conditions were temporary or permancnt:
the names and addresses of the doctors who attended you and the hospitals where you
were con tined or treated. with the dote of trelllmcnt and confinement.
ANSWER:
, .
9. If you have ever filed an action against any person for damages jl)r person
injuries, other lhan in this action. for' each such oction. state:
(a) The date. placc. name of court and number and term oflhe action:
(b) The name of the person you sued:
(e) The name. oddress and telephone numbcr of the attol'l1ey represcnting the
pcrson you sued:
(d) The nomc. address and telephone numbcr of the attol'l1ey representing you
in the action:
(e) A description of the accidcnt in which you sufTered injuries. including
time. date and place:
(f) A descriptioll of the il1iuries tor which you claimed damages:
(g) The disposition or termination of the aClion;
(h) Whether you received al'Y amount by judgment or settlement. and if so.
the amount received and from whom.
ANSWER:
10. What was your occupation 01' busincss dul'ing the five-year period
prcceding lhis accident. the nature ofyollr duties. thc Icngth oftimc engaged in each. and
the namcs and addrcsses of each employer 01' busincss and thc addt'ess whel'e you actually
worked in each instance.
ANSWER:
...,....
11. What were your gross and net earnings for the tive-ycur pcriod preceding
this accidcnt on a weckly 01' monthly basis?
ANSWER:
. .
12. Do YOll have in YOUI' possession copies of the fcderal income lax returns
liling on YOllr behalf for each of the live ycars preceding this aecident? Is so, attach a
copy of each return to your answers.
ANSWER:
. .
13. Give in detail any and all expenses and losses which you claim resulted
from the accident which lorms the basis oflhis suit. slating the mltllJ'e ofthc samc. the
bills inclII'J'ed and the addresses of the parties to whom any monies may be owing or were
paid.
ANSWER:
14. Have you or has anyone action in your behulf obtained Ii'om any pcrson
01' pcrsons any rcport, slatcment. mcmorandum or tcstimony conccming thc llccidcnt
involved in this causc of actkm'? If so:
(a) What is the nome and last known address and prescnt whercabouts. if
known, of each such person?
(b) When. whcre ond by whom was each such report. statement.
memorandum or testimony obtained or made'?
(c) Where is each locotcd?
ANSWER:
. .
15. If you are in possession of any photogmphs of the locale or surrounding
area of thc site of the accident. or allY othcr J1)i1ltcrs or things involved in this accidcnt.
state:
(a) The date(s) when stich photographs were wkcn;
(b) The nallles and addresses of the party taking lhcm;
(c) The object(s) or subject(s) or the particular site or view each photograph
represents;
(d) Where they wcre taken; and
(e) The present whereabouts of the photographs and the name and addresses
of whol11soever is in possession or custody thereof,
ANSWER:
.
, .
16. State whcther any plans. dmwings. skctches or diagrams exist 01' were
made oflhe sile of the alleged accident. and ifso. state:
(a) The identity of each of said plan. drawing. sketch and diagram:
(b) The date when each of the same was made:
(c) The name and address ofthc person making the same:
(d) The name and address of the person having custody of the same.
ANSWER:
, .
17. Are YOll prescntly employcd 01' have you been employed since the
accident I'elcrred to in YOllr Complaint'? If so. sl:HC the name and address of your
employer or employers. the length oftimc you have worked fllr each employer or
employers. including the dates covering such employment: your wages or salary in
connection with such employment. and set forth in dctail how YOLlr prcsent physicul
condition advcrsely affects your ahility to carryon such cmployment, ifin fact it docs,
ANSWER:
.
, .
18. State specitically each and every area ot'your body thut was physically
injured in (he accident rcferred to in your Complaint. including a complete dcscription of
each such injury.
(a) Set forth specifically which of the above injurics 01' conditions mc
permallent. if any:
(b) Set forlh lhe scope. the extent of medical treutment you have received in
connection with euch such injury or condition fl'Om the time of the
accidellt to the present date. and specily which injuries are still being
treated and in what manner.
ANSWER:
-
. .
19, If you still sun"':r pain li'om any ofyolll' injuries and ellllditions resulting
ti'ol11 the accident rel"<:rrcd to in your COl11plnint. swte specifically the Ii'cquency and
naturc of the pain and the injuries Ii'om which it emanatcs.
ANSWER:
, .
20. What is the name and last known address and present whel'cabouts. if
known. of each person whom you 01' anyone acting in YOllr bchalf knows or believcs to
have witnessed said accident'?
ANSWER:
. .
21. State the name, prcsent address, and place of cmployment of cach person
whom you intend or expect 10 cull as a witness at the trial ot'this casc.
ANSWER:
. .
22. Id.::ntify each pcrson whom you expect to call as un expert witness at the
trial of this case. As to each witncss state:
(a) The subjectl11altcr on which hc is expected to testify.
(b) The facts and opinions to which he is expcctcd to testily.
(c) A suml11ary of the grounds for each opinion.
(d) Whether the facts and opinions listed in (b) above are contained in a
writtcn report. memorandum. or other transcl'ipt and if they are. give the
name and address of the present custodian of same and state whether you
will produce the same withoLlt the necessity of a motion,
(e) If the opinion of any expert listed above is based in whole or in pm1 on
any scientitic nile or pl'inciple; set forth the said rule or principle.
(I) If the opinion of any expert listed above is based in whole or in pm1 on
any code. regulation or standard. govel'l1mental or otherwise. identify the
said code. regulation or standard and specifically set fl)rlh the section
relied upon,
(g) If the opinion of any expert listed above is based in whole or in part upon
any scientific or engineering textbook or other publication. identify said
text or publication.
ANSWER:
. .
23. With respect to each person you cxpcctto call as an exper.t witness at thc
trial of this case. slatc:
(al His age. residcnce and business address.
(b) The name and address of his presellt employer or if selI:employed. the
name of the business and his occupation,
(c) His educational background specifying collcges attended dates of
attendance. degrees attained. ond a detailcd list of all writings prepal'ed by
the expert or in which the expcrt participated in any way whatsoever,
(d) Specific identitication of all cOllrses attended. scminar attended, and othcr
activities on the part of the expert within the past ten yem's which were
concerned with the subject for which the expert was rctained in this case.
(e) The name and address for the persons or tirms for whom the individual
worked for the last ten years and a dctailed description of all duties at each
place ofemploYl11enl. If the expcrt was sclt:employed, state spccifically
and in detail the description of his duties and responsibilities.
ANSWER:
. .
24. Do you intcnd to use any book. magazine or other writing at the trial of
this case? Ifso. describe thc writing in dctail as to author. publishcr. copyright date, and
givc the name and addrcss of any known present custodian of said writing.
ANSWER:
. .
25. PI case state. in dCln;1 and without refcrcnce to your Complaint. how this
accident happened,
ANSWER:
Respectfully submitted.
NESTICO. DRUBY~ILDABRAND. LLP
By:
Date:
;2tl~j-
{
ichard B. Druby.
Attorney I.D. No. 04
840 East Chocolate A venue
Hershey. Pennsylvania 17033
Tel: (717) 533-5406
Fax: (717) 533-5717
Attorney for Defendant
, .. .
CERTIFICATE OF SEIWICE
1. Richard B. Druby. oflhe low firlll ofNestico, Druby & Hildubrand.
LLP. hercby certify thut on the 07~ of February, 2005. a copy of the
toregoing document was sent via First Class U.S. Mail, postage paid. to the
following:
William P. Douglas, Esquire
27 West High Street
Carlisle, PA 17013
O! ._ .
EILEEN L. MINNICH and
BRUCE E, MINNICH, her
Husband.
-and-
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
No. 2004-5892
PAMELA.J. SHEAFFER and
.JAMES R. SHEAFFER. her
husband
: CIVIL ACTION - LAW
: .JURY TRIAL DEMANDED
Plaintiffs
v.
AUTUMN RICKRODE.
Defendant
DEFENDANT'S REQtlEST FOR PRODUCTION OF DOClIMENTS-
SET I DIRECTED TO PLAINTIFFS PAMELA .J. SHEAFFER and ,JAMES
R. SHEAFFER
Pursuant to Pa. Rule of Civil Procedure 4009. you arc hereby requested to
produce for inspection and copying at the oflices of Defendant's counsel,
Nestico. Druby & Hildabrand, LLP, 840 East Chocolate Avenue. Hershey. Pennsylvania.
17033, or at such other location as may be mutually agreed upon by counsel not later than
thirty (30) days aftcrservicc of these Requests, the following documents. In lieu of the
formal schedule production. copies of all requested documents. properly identified by
request. may be forwarded to Defendant's counsel the above address within thirty (30)
days after service of these Requests.
These Requests are deemed to be continuing Requests. and any documentation or
inlormation rcquested herein which is discovered. obtained or available subsequent to
your tirsl response hereto shall be furnished immediately to Defendant's counsel.
DEFINITIONS
, "" .
The word "document" or "documents" as uscd in the within Requcst includes.
without limitation or exception. the originul and copies of the lollowing items: (Whethcr
printcd or recorded or repl'Oduced by anothcr other mechanical proccss. or written or
produced by hand). Agreements. communications, correspondence. telegrams.
memoranda. sUlllmaries or records of pcrsonul conversations or interviews. diaries,
reports. graphs. notebooks. note chal1s. plans. drawings. sketches. maps. summUl'ies or
records of meetings or conferences, summaries or reports of investigations or
negotiations, opinions or reports of consultunts. drafts, letters. any marginal comments
appearing on any document. and writings of every kind. This definition shall also hc
deem cd to include any machine-produced document. whcther from a computer or not.
notcs and records of allY ol'al communication and recordings (tape. disk. or other) of oral
communications,
The word "communication" as used in the within Request shall mean uny
transmission of information by oral. written. pictorial. or otherwise perceptible means.
including but not limited to. telephone conversations. lettcrs. tclegrams. and pel'sona
conversutions,
The word "person" as used in the within Request shull mean any individual.
corporation. partnership. unincorporatcd association or business entity.
. -- .
I>OCllMENTS TO BE PROI>lICEI>
1. All stalements. signcd statcments. transcripts of recorded statements. or
interviews of any person or witness rel(lting 10. referring to. or describing any of
the events or claims deseribed inlhe Complaint tiled in this case,
2. All documents prepared by any insurcr or rcpresentative of Plaintill's.
except Plaintiffs' attorneys. during an investigation oflhe accident or any of the
events or claims describcd in the Complaint. Such documents shall include any
documents made or prcpared up to the present time. with the exclusion of mental
impressions. conclusions or the opinions respccting thc value or merit of a claim
or defcnse 01' respecting strategy 01' tactics.
3. All photographs of the scene of the accident or any of the vehiclcs
involved in the accident.
4. All fedcral. state. and local income tax relurns tiled by Plaintiffs during
the live years preceding the accidcnt in qtlestion.
5. All reports of any experts,
6, Alll11edical reports. medical and hospilal bilJs. wage loss information and
other expenscs YOll are claiming resulting from the accident in question.
7. All repol'ts of any physicians. mental health professionals or vocational
specialists pertaining to Plaintiffs.
. .. ...
8. All declaration shcets of the Plaintiffs insurance in effect at the time of
the accident. illdieating covcrages and whether Plaintiffs ca\'l'ied the full tort
oplion or limitcd tori option,
Date: Jt(~ r--
{
Respectfully submitted.
By:
Richard B, ruby Es uire
Attorney I.D, No. 904
840 East Chocolate Avenue
Hershey. Pennsylvania 17033
Tel: (717) 533.5406
Fax: (717) 533-5717
Attorney for Defendant
NESTICO, DRURY & HILDABIUND, LLP
ATTORNEYS AT LAW
840 East Chocolate Avenue, Hershey, PA 17033
Phone (717) 533-5406 Fax (717) 533-5717
www.henheypalaw.com
Apr il
12, 2005
William P. Douglas. Esquire
27 Wcst High Strect
Carlisle, PA 17013
Re: Eileen & Bruee Minnich and Pamela & James Sheaffer
Vs: Autumn Rickrode
Docket No. 2004-5892
DcaI' Bill:
Back on Fcbruary 24, 2005, I had forwardcd discovcry for response by your
clients. To dutc, I have not rcccivcd those responses from you.
In order to move this matter forward, I would appreciute your providing me with
those responses within thc ncxt seven (7) duys. If that presents a problem. pleuse give mc
a call.
RBD/dhu
cc.
Jcrrerson J, Shipm~m, Esquire
/;
V cry truly yours, . ,/' .
NESTlCO~~~;~~L?ABRAND' LLP
By: /~/ '--
/ Richard B. Oruby
"
t ..., .
CERTIFICATE OF SERVICE
L Christiana E. Appleby, of the law firm of Nestico, Druby & Ilildabrand. 1,1,1', hcreby
.J. '5 -(M
c >rtity that on the duy of ApriL 2005, a copy of the forcgoing documcnts was scnt
ia First Class U.S. Muil, postage paid, to the following:
William I). Douglas, Esquire
27 West High Street
Carlisle,I)A 17013
.Jefferson .J. Shipman
.JOHNSON, DUFFIE, STEW ART & WEIIJNER, P.c.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
o fv\;whtJlla t. Qpf-<.h'l
Christiana E. Appleby J
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RECEIVED APR 29 ZOOS ~
EILEEN L. MINNICH and
BRUCE E. MINNIC! I, hcr
Husband,
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
-undo
No. 2004.5892
PAMELA J. SHEAFFER and
JAMES R, SHEAFFER. her
husband
: CIVIL ACTION - LA W
JURY TRIAL DEMANDED
PluintiiTs
v.
AUTUMN RICKRODE.
Defcndants.
ORDER
AND NOW, this 2,..'! day of
, 2005. upon consideration of
M"1
pefendant's Motion to Compel Discovery, IT IS HEREBY ORDERED, that PlaintiiI~ shall
, rt--ol''''JC +r. 1J'1<-4l1t.. to" , ~:.('u~
~rovide fun aHd cOllll'lste an3..el:J to. D\..J~J1dUllt"~ luttFr6galerie8 aRe g];)alI fH5\iae those
rl'~rllmp'1tg re~lie3teel iH f)e}0RSElF1t"S R0EJl40St fk1r Pr0611etion within 20 days oflhe date
thfs- o~er, with sanctions to be imposed upon Plaintiffs upon further application of Dcfendant,
"
fqr failure of PlaintifTs to comply in full with this Order.
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DOUGLAS LAW OFFICE
27W.IDGHST.
POB 261
CARLISLE P A 17013
TELEPHONE 717-243-1790
William P. Douglas, Esq.
Supreme Ct. ID # 37926
Eileen L. Minnich and Bruce E.
Minnich, h/h
Pamela J. Sheaffer and James R.
Sheaffer, h/h
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Plaintiffs
vs
No. 04 - 5892 Civil Term
Autumn Rickrode
Defendant
Civil action law
Jury Trial Demanded
Praecipe to Settle and Discontinue
Dear Mr. Long,
Please mark the above captioned matter settled and discontinued.
Q.\:J
William P. Dougl
Attorney for PI
May 10, 2006
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