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Home My WebLink About95-03312 ,..\ ,~ '" d '>' :f . ~ j J ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WADE BIRT and CATHY BIRT, Plaintiffs No. 95.3312 Civil Term vs, Civil Action-Law CHRISTINE M, HOVIS, Defendant Jury Trial Demanded REPLY TO NEW MATTER 3, The allegations of Paragraph Three of Defendant's New Matter are conclusions of law which require no response, 4, The allegations of Paragraph Four of Defendant's New Matter are conclusions of law which require no response, 5, Denied as stated. Defendant was negligent, as described In detail in paragraph 10 of the Complaint. which is hereby incorporated by reference, 6, Denied as stated. Defendant's negligence. as described in detail in paragraph 10 of the Complaint, which are hereby incorporated by reference. was the sole cause if the injuries and damages suffered by Plaintiffs, 7, After reasonable investigation. Plaintiffs lack knowledge or information sufficient to enable them to form a response to the vague and conclusory allegations of Paragraph Seven of Defendant's New Matter. Such allegations are therefore denied. and proof if demanded. 8, After reasonable investigation Plaintiffs lack knowledge or information sufficient to enable them to form a response to the vague and conclusory allegations of Paragraph Eight of Defendant's New Matter, Such allegations are therefore denied. and proof is demanded, 9, After reasonable investigation, Plaintiffs lack knowledge or information sufficient to enable them to form a response to the vague and conclusory allegations of Paragraph Nine of Defendant's New Matter. Such allegations are therefore denied. and proof is demanded, 10. After reasonable investigation, Plaintiffs lack knowledge or information sufficient to enable them to form a response to the vague and conclusory allegations of Paragraph Ten of Defendant's New Matter. Such allegations are therefore denied. and proof is demanded, 11, Denied as stated, Defendant's actions were the sole and proximate cause of Plaintiffs' injuries and damages for reasons specifically described in paragraph 10 of the Complaint, which are hereby incorporated by reference. 12, After reasonable Investigation, Plaintiffs lack knowledge or Information sufficient to enable them to form a response to the vague and conclusory allegations of Paragraph Twelve of Defendant's New Matter. Such allegations are therefore denied. and proof Is demanded, 13, The allegations of Paragraph Thirteen of Defendant's New Matter are conclusion so law which require no response. 14. The allegations of Paragraph Fourteen of Defendant's New Matter are conclusions of law which require no response. 15, The allegations of Paragraph Fifteen of Defendant's New Matter are conclusions of law which require no response. 16. Stricken pursuant to Stipulation. 17, No response required, Respectfully submitted, McGraw, Halt & Deltchman Attorneys for Plaintiffs erg;:d_2 , er C. Deltchman Pa. 10 #72779 4 Liberty Avenue Carlisle, PA 17013 (717) 249-4500 Date: 6/24/1997 AFFIDAVIT I verify that any facts not of record set forth In the foregoing Reply to New Matter are true and correct to the best of my knowledge, Information, and belief. acknowledge that any false statements herein are made subJect to the penalties of 18 Pa, C.S,A, Section 4904 relating to unsworn falsification to authorities, Date: !r I 7 - q 1 l;J,z{'t1( /. _7D Wade Sirt CERTIFICATE OF SERVICE I, JENNIFER C, DEITCHMAN. hereby certify that this 2411I day of June 1997, I served a copy of the foregoing Reply to New Matter upon the following Indlvldual(s) or entity(les) by First Class Postage Pre-paid U.S, Mail: Kenneth G. Doane, Jr,. Esquire POST & SCHELL 101 North Front Street Harrisburg, PA 17101 (") .0 0 S -I '" " L :',j ";::;r',"; r:.: . '- . "f!l .' .~ "'g i 'l'P Co' (J1 . ) (1) f~ \.: ?::-: .1'3 ,c,''' I. ).:. i" -'- -.( ) ,'. ('I .....111 .;.~; '1! ~~ ~. " <:.'1 :.0 '-i .....: ol:" .... . ORI GI.~AL POST & SCHELL, P.C. BY: KENNETH G, DOANE, JR., ESQUIRE 1.0, # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (7 I 7) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA v. NO, 95.3312 CHRISTINE M, HOVIS Defendant. CIVIL ACTION. LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiffs and their attorney. You are hereby noticed to plead to the enclosed Answer and New Matter within twenty (20) days of service hereof or a default may be entered against you. POST & SCHELL, P.C. ~ Counsel for Defendant Dated: May 5, 1997 POST & SCHELL, P.C. BY: KENNETH G, DOANE, JR., ESQUIRE !.D, # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MAnER AND NOW, comes Defendant, Christine M. Hovis, by and through her attorneys, Post & Schell. P.C" snd in support of her Answer with New Matter to Plaintiffs' Complaint avers as follows: 1. Pursuant to Pa. R.C.P. I029(e). allegations in the corresponding paragraphs of Plaintiffs' Complaint are generally denied, except those which are specifically admitted below. 2. The allegations in the following corresponding paragraphs of the Complaint are admitted: 2 and 5. WHEREFORE. Answering Defendant denies any and all liability to any party to the within litigation, demsnds thst the Complaint against her be dismissed with prejudice, and that judgment be entered in her favor. NEW MATTER Answering Defendant hereby raises the following New Maller pursuant to Pa. R.C.P. 1026. 1030, and 1032: 3. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 4. The Plaintiffs' claims are barred by the applicable Statue of Limitations. 5. Answering Defendant was not negligent. 6. Any acts or omissions of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 7. The incident and/or damages described in Plaintiffs' Complaint may have been caused or contributed to by the Plaintiffs. 8. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. 9. The Plaintiffs may have assumed the risk. 10. The Plaintiffs may have been contributorily negligent. II. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Answering Defendant. 12. Plaintiffs may not have properly mitigated their damages. 13. Plaintiffs are precluded from any non-economic damages, because of their selection of the limited tort option under the Pennsylvania Motor Vehicle Responsibility Law. coupled with the factthst their injuries are not "serious." 14. Defendant avers that Plaintiffs' claims are subject to, and limited by, the provisions of the I , " I' , . , I Pennsylvania Motor Vehicle Financial Responsibility Law. as amended. IS. Defendant avers that Plaintiffs' claims are subject to. and limited by. an automobile insurance coverage election made, or arising. pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. as amended. 16. Defendant, in accordance with Pa.R.C.P. 22S2(d), hereby joins as Additional Defendant, Wade Bir!. for purposes of contribution and/or indemnification. and hereby avers that said Additional Defendant is alone liable to Plaintiffs, is liable over to joining Defendant, or is jointly and severally liable to Plaintiffs with joining Defendant. 17. Defendant reserves the right to interpose such other defenses to Plaintiffs' cause of action as continuing investigation, discovery, and trial may impose. WHEREFORE, Answering Defendant denies any and all liability to any party to the within I f I f litigation, demands that the Complaint against her be dismissed with prejudice, and that judgment be entered in her favor. Respectfully submitted, POST & SCHELL, P.C. ., SQUIRE Counsel for Defendant Dated: May S. 1997 VERI FICA TION I. KENNETH G. DOANE. JR" ESQUIRE. state that I am the attorney for the Defendant. Christine M. Hovis. in the written action and make this pleading on her behalf and that Defendant is unavailable and unable to make this verification on her own behalf within the time allotted for filing of this pleading and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge. information and belief. This verification is made pursuant to Pa.R.C.P. 1024 and is based on intetviews, conferences, reports, records and other investigatory material in the tile. Dated: May 5, 1997 ~ "L~ CERTIFICATE OF SER~ I, Denise M. Valente, an employee for the law firm Post & Schell, P.C., hereby state that a true and correct copy of the foregoing Answer with New Matter was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.s. Mail: Jennifer C. Deitchman, Esquire McGRAW, HAIT, & DEITCHMAN 4 Liberty Avenue Carlisle, PA 17013 POST & SCHELL, P.C. ~14~ Denise M. Valente Dated: DI~~1 0 \D n c -.J on , ; f ~, ~-:: - -..." -, , Jr,. - I --.-.("!'1 .' , , "J ~<! -.J ': ':1 r.o -. .- " , 1",:_:1 ....,; , - - .. , ::.; (.';' ?:>rn ,,' r.- -. :;'1 " '-.1 ..... -' , WADE BIRT and CATHY BIRT, -----------.-.------------..-----------.------ In llut Caun al CCIJI\IIIIln Plaa al Cwubcrla.ad CallDlY, PClIaryln~ Plaintiffs ----------.-.....-------.--------------------- ~ VI. Nt" 9s- ~3'~ ---...-------------------- ""..---- ClvU. CHRISTINE M. HOVAS, .---....---..--------------------------------- .____~!y_!~._~~1_tQ~._:__~~~__.____.~_________ Defendant .--......... ---... ... ..-.. -.------...----------- ----.-----..---------------------------------- .... ----------------------...------...-------------------------------------------------.------------.. PRAECIPE FOR WRIT OF SUMMONS .. ..- -----------...------------------------.-. --- .-.--------------- .... -... ..----------.-------~--.- please issue a Writ of Summons in a civil action against the .......----------------.......-...--------------.--------------------...-...-...-.----..-.-.. above-named Defendant. Defendant may be served at her last known ..............-...-...----...-.--...-.-----..-................-.---.-..-....-.-.-....------------ address, 1416 Bradley Drive, Apartment H-211, Carlisle, Cumberland .---.-....-----........-.............-.-.-...--...-----.---..-.....-.--..--..--..-..-...--.-..... County, pennsylvania ..----..----..---------..-.....-.------.--.----...-----......-............--....-.----.-......... .-----...-...---.------.--...--..-....--..-..--...-......-...-.-.-........-................-.---.- ... Lawrence Welker P Ihon-' :-7-'--{Y.~-=:=~-=:=-;ii Jenn fer C. chmanAlU:nley Car PI:ainli((. Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 : -:-J~ '" ~:r:-~ ,,.,1,', :or':: T., . ~:-"- l-:.r.: -4"-' ~: f-'X~ l"OO _ :r._ ~....... i; ~. _~ rr. -,.. -.- -<- -. ~ c:: Z ,....., = N c. .... -.. :a: - CD U'O \B -- , --..-.-- ,- #II ~ Commonwealth of PelU1sylvania County of Cumberland Wade Birt and Cathy Birt Court or Conunoll Pleas YL rJo. _____~_~:~~}_~______S!y}_~_!~!:~__.__ 19____ Christine M. Hovas 1416 Bradley Drive Apartment H-211 Carlisle, PA 17013 a.J"-I1.. (h..-')'t( 1\41. M. H-ov i~ In ______c:.!-~!!_!__~!:!!'!!._:_!_.!'_'!_________________ 1:0 _____~b~JJltiDILJS._~~o~___________________ You are hereby notified tha t .__________________j{~~~__~ir~_Jtg~_~~tby__Qi~_t.________________________________________________ the Plaintirrs have commenced an action in ____CJ..vJJ...t-!'}(._________________________________________ against you which you are required to derend or 11 deCault judgment may be entered against you. (SEAL) Lawrence E. Welker '--.---------------p~th~~~t;~-----..-.--------- I>ale _____~~_~~_3_0_~_____._________ 19_2_~ By _____~~__JCl.._Jt'~-----_---- ---~puty ''',-' . ~ L. C1 I~ el I~. ::J I'" .... lD l'l ,,, >, .. i If' >- a I" ~ ~ Ie. ~ 'IT .... 'n >- n "'I if ~ .. 0 III Ul " 0 ::> ::: zl !II 0 I .... '" lD IT' . ::1" , n ... < ... .... >- n IT ..' o ::> , r n>....n Ql 'C oIlo :r t1 QI .... t1 .... t1 0' .... ... rt !II Ul a ta t"t ....lD " ... lD ::> .. ::> .. rt C. Rl .... '" :I: lD 3: ;1 > I '< . '" .......c:c -.I...t10 o .... < .... < III Lol lD!II ~~ ITC. ~lD Ol Ol'" ... " " IT IT III ::> c. t S' ~ r "':I: >-~ ....0 ...< OlD ...." Lol Ul IT . ~. 3IM/I:QS R",~L<.~ w':', ~.,r SUfJun<>rv.\ ,-,-" ,..... D \"Y\t,t.lll1Y\o'Y'l .~pb., /vta-u/.. 015, Ilfl/) tJ,;;t ~ <:.~I"', ."v,~ ~Ni ~~~W ~. ~o, /qt1S- - )VM1"l Su.,,,,,,,~, ~ f.6~,a:t... d. l'}rti-ltl.w-, ~ f\\C\J\ ch 5 I Iqq -, - LOn l O'\<;....-n"""..., r~lr,.slJ(c! lU.o...t;). \y\<AQ.I"\~ :-Q.it\ I ., , .',. .- . . -- _.~. L '-._-"'._T , '- .' '. ; , : " , ; : , , ',' i i i, , : !j" ....' r, r " I\! V:: . ~1!;.I~.~~ ::;. ("\!.t\ J. ~~~r:1-Ji. s_J:L. ..t'...._. T;,;~'." 1 :-") ::;__.h..l.J..Uf..',,__* _.'w < :'.:tlt,,-l it!', \>Itl", bo,""'lnq duly =~W(lrn ac.cl),-'1l,n:; .~,,'\ La'-../,::.:ny;::;. (h-:i1 h~? "~adt.? .31:. tq.-nt ;;.I':':-lr(,~lt ::::I"d l..!lqulry .for thl;:" Wl th\n n ;:1rn,~:i ~1',~' ['.:'!ldd n t.. ., Q 'J 1 t.: .JJ.Q.Y!\~__JJiJ~J::iII1H~lJ_. hut V'l::. Ufl..JbJE' to l(lcaf:.(' _.JJ':?L__ If, !if:' l!':J.111w;.r:i:. Hp thGr0101"U ["cturns th(> \/BJJ:_QI., S:')'!:lJ'lQ}jE _,...._...,__,...__ _........__._...,....__ [OT _t:~iINr\ {13 t '_I the "i t. h.:..n !Fim';.~'J '1..'1 ,:'nd-'ln t JI(I V A ?::._~ Ii r.: Lf-T ! tfJ: lL_________..,._ r' E F J~l{.L1JjJLI,.J'jg_~~E l2._blLQ__Lf: Fl: Ii :J+__.EQn~h.hXIJ N ~l_ ~.h~i Il.gr .:~:I_~._.__. "',_ ."._._,_.___.~_ ___~_ ~~__'____'____'_ \I tIlLTHE J'f.'.l"T}2EE.-L~r;:,-_ __________, ",,' , Sh~~r i i i . :,; C1JE t.::.; : ~,H:1C'h:'-.tt, ,i nq :-;-. t,'! \} 1. ~~~~! At! ui.,] v 1. t. S'J f"(::h =31 q.;:? ,,;, -,""w,r,;" d:' ;;:-':7 .~ ~~;~I ~.; r{~~~~ ::-;;;.. 9:'f~';r 1 ir ! f:~. 00 :;. fJ0 .IN.1'i ~';. (~~\ s:7.0~ ;EHrjl!~ES !::E i'~"-; i \J :1 -- 1. '~;~'.1 ~j 'i!Mt'd{ ~~W()I r: ,"H,d ~:ub:'3('r l.!!(~,j t ~.. ! ".j! ",' ~,\.-. 1 hlC ..j.~!!- ,-j",; ...,,_.95 n. [, ,~.- \' ,,' c... :n. .,((' . J ,0,"5 ,~ r l'I,,\t~ll<'jt(:,':;~ '/ WADE BIRT and CATHY BIRT -----........---.--....-----------'--.....---- Plaintiff La lh. Court 011"---, PI.. '" Cambcrlud Ca_".', P~1na& ------------.--- ilL N'lJ. 95-3312 CML 1I1..:ter.l'l ---.-.---....--------...-- CHRISTINE M. HOVAS, - .-----.---.........-...-........------------ ----..-----.-.------ --- Defendant .till. ....--......-.......-..............------.---- ..- .........-----------------------------.--..----------------------- PRAECIPE TO REISSUE WRIT OF SUMMONS ---------- .... ..----- -------.....--------------- please reissue the writ of summons which was originally issued ----- ---------------..-------------.-.- ...---.- .. in this matter on or about June 20, 1995. .. ----- ------------- ----- ------------..------.--- -----------....------------------------. __4 ---.-.. -------------------.............-..-------------------- .4.... -.- ....--...------------------------------.---......--.-----.....-------------- Lawrence Welker -- .. ---- --- PrachoMtaIY 95 19.___ August 19, - . - C. Deitchman Associates Hanover Street Carlisle, PA 17013 (717) 234-5551 , __________..0& No. FiJecI _... " _ Term, 11_____ v- _________ .... T____________ '''ABel'E .It_ _____, .\ley. too c: ...., ....., ..., _r, -~., . .'~'T-'l'lll '__ '"-:.1. -. ;;;~o:: ;....~C',J ..'I.)'''' t--'.. -t. J" ". -.~ ~.., N "" -", ;.: - CD ..,. , ,,/ '. ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WADE BIRT and CATHY BIRT, Plaintiffs : CIVIL ACTION - LAW vs, : NO,: 95-3312 CHRISTINE M, HOV AS, Defendant ENTRY OF APPEARANCE To: Lawrence Welker, Prothonotary Please enter the sppearance of McGRAW, HAlT & DEITCHMAN on behslf of Plaintiffs in the above-captioned sction, :~?(J Jennifer C, Deitc an PA 1.0,# 72779 4 Liberty Avenue Carlisle, PA 17013 (717)263-7344 ~. ,-, , ~...~ , " 1- . C."' (" f-.' .. c , &,.;- ___~-DIrzr..and_CQT1JY.~...____.__ PLaintiffs III lh.t Cwn 01 C.....--'1 P1ClU 01 Cwabcrtaaci Clllllcy, PaullYh-uUa. --....----.----.--.--- VL H", 95-3312 ---------------------.--.. CIviL xy,f.._tJiiIlIl VS. --_.~~~---- .--.-- -------------.-..-----.---..-.-----------.--- Defendant __.___________ ... n ____ .-----.......-.-. ...-....-.--.--.-..--..-..--. .--..-.-- 'I_._~_ 2!l_I$~~!li._'f.I3l't.fJf:.~.__._..._ ...---.-------.--.._. Please reissue the writ of summons which was originally issued in this matter on ...___...._____..._____ ._.v_________.__.._________.___...............___.____..______.___. or about June 20, 1995, and reissued on or about August 31, 1995. Also, please .--...-.-..-------------.-----.--....----..-----.-.----------..----.-----------------.....-. ____a~.M.AL1si~ de~oUclnt I" ,D"~. .J:hat.bo>i"'7 <In:is1:JJ1e. 11. "01'1:; -----.--- .------------.-----....------.----.----.----------.-------.----..-.-...-.-.---.--...-- ----------. -.-..--------.------.---.---.-...-.--..-------------- ------- .---.-- ~ --.-.------------------------------.------------"----.--.---------------- To ~__________ Pl'Qlhonmary November 20. 12~______ 19_..'l'i- ~ ~/'1i1tL~&< Pl.- McGRAW, HAlT & DEITCIlMAN 4 Liberty Avenue Carlisle, PA 17013 (717) 249-4500 -- , No. _____________ Term. 19_____ ------------------- VI. ---------------------------------------- PR....ECJPE ra1ecl ______________________ 19__ ---------------------------------. .-\uy. -------------------------------- ,~" ;:.~- -:.:: ...,1 f'~"" c:::., ~ '" c.....~ N ,'. C'+.l '-'I WADB BIRT and CATHY BIRT, Fla:l.ntUts v. CH.RISTINB M. HOVIS, Detendant TO THE FROTHONOTARY: : IN THB COURT OF CONNON FLEAS : CUMBERLAND COUNTY, FBNNSYLVANIA : : CIVIL ACTION - LAW : : No. 95-3312 . . . . . . ElIl'l'Ry OP JUlFDRJlNCB Flease enter my appearance tor Detendant :l.n the above- capt:l.oned case. Dated: ItfdJ?}'i'5" POST << SCHELL, P.C. J~*~~ hn Flounlacker, Esqu:l.re I.D. NUmber: 73112 101 North Front Street Hardsburg, PA 17101 (717 232-5931 Counsel tor Detendant ~ ~ . CBRTIFICATB all' SBRVICB I. Carol A. Landis, an employee tor tbe law tir.m Post & Scbell, P.C., bereby state tbat a true and correct copy ot tbe toregoing Entry ot Appearance was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on tbe date set tortb below: Bv First Class U.S. Mail: Jennifer C. Deitcbman, Esquire GRIFFIE & ASSOCIATES 200 N. Hanover St. Carlisle, PA 17013 POST & SCHELL, P.C. {~a, .;(c:vn~ Carol A. Landis Dated: II/df/o/S- .. ~ <,>C c:o~ "";.,"l:" . ~ "111::'':' .. ~~~:'F ~? ~.;;;J i; l~ ;- "tt f~'.i,~ '. ~ l.oo ..,.... -, ..... '. .. =- .",- "C ~ ;:;;; "" w ,~ ~ WADE BIRT and CATHY BIRT, -----....--.......................--.......... ra 1M Caun 01 C-_A., P1cu 01 0ambaIaad Ollmey, PClIIIIYInaia. _.._____.____________ '''I VL H", ..............--....-....- 3312 CIYIL 19.~~.._ OlRISTINE M. HaVAS, -- .----.....-.......-..................-----..-- Civil Action - Law --.......--....----------------- a/k/a CHRISTINE M. HOVIS ______________J ... ....-- ...... ..--............. ...........-.-.............. PRAEX:IPE 'ID pRTm::rJE WRIT OF SlHDlS ....---------------------.-------.--...--.---------------------... _________4_ ,... __Il. Plmse reiam tm \',tit of 9.JntaB W1ich W'l5 crlgimlly :IsaBi in this 1IBt:t:er en cr aI:aJt Jlm 20, --................----- -------------.-.-- ... ---------........-.-------.-.-----..-..-. ...~._._--_.------_..----_.----.------~.--------_._-----_..--_..---------.-.-.....- --...-.....-------- --------------------------------- ~..-------------------_..._.--------_.._.-.----------_..-_._-_..-_....----..--......----.-- .-------.---. ..-...--------..-------..----......--..------.-----.----- --.--... .___..__________________._________.__......._.M____.__.________________ To _..Iar1l"Crr'D tAbl~ ---- --- Prachaaoruy ~c;.. - I9SL~ofYJJ--; ~ _ t.. ........ JErn1fer c. J:eit:dmn /1:GW'I, w.TI' & I:EI!1tlI>Wl 4 L1l:erty lM3'm Qlrllsle, m 17013 (717)249-4500 .- , " No. _____________ Term, 19.____ --------------------. VI. ------------------------- PR.'ECIPE ra1ed ______________________ 19__ ----------------------------------. .~ty. ----.----.-------------.------- " ,0 ,';} ~:~ ..... 'n ..,~,t :1: -1 -. r ., .J ."]1 .. I ,J;; / ;~ t!,- t:.11 r"::.' -.u . "3 - '-' ,. " ;.() _;l - '.Vn .. :.:::'1 ::> .,.. :::.' '0 .-.1 =< , POST & SCHELL, P.C. BY: KENNETH G, DOANE, JR., ESQUIRE I.D, # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT AND NOW, this P-l/"'-day of ~. 1997, a RULE is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. o(~ f, W.d/uJ~ PROTHONOTARY -,- ,.... c- r' 1.1.'- r)- n~' c); , , n Iii I-.J.. '. i "- (.1 ("' :.... ..;-\ c. c: .. ',' '~ ;~ ,,~,; .';'J . ...~. ;.__:J i J -- ~.,~----- , . . "'- IT' --:-...~~~~ , POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR" ESQUIRE 1.0, # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Respectfully submitted, POST & SCHELL, P.C. KENNETH G. DOANE, ., ESQUIRE Counsel for Defendant Date: 3/2.1-n ~ , :-. ~) , , C.: IJ r I~ ....q C) (J, , C'. ,.. , '" j 0" ... l ,-. , ,; POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR., ESQUIRE I.D, # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT Plaintiff, v. CHRISTINE M. HOVIS Defendant. ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3312 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY; Please enter my appearance for Defendant, Christine M. Hovis. in the above-captioned case. Date: 3/1-1/17 .,Y. Respectfully submitted, POST & SCHELL, P.C. ~1J) KENNETH G. DOANE, Counsel for Defendant ESQUIRE . , " , i I i ! '.. r,:. ( . G I , U, , u i (.., ~.. . , '.:'. , ) .. . ( (..; ; '" " " ~... .. r .. , , '- , . CERTIFICATE OF SERVICE I. Denise M. Valente, an employee for the law firm Post & Schell. P.C., hereby state that a true and correct copy of the foregoing Entry of Appearance and Rule to File Complaint was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows. on the date set forth below: By First Class U.S, Mail: Jennifer C. Deitchman, Esquire GRIFFIE & ASSOCIATES 4 Liberty Avenue Carlisle, PA 17013 POST & SCHELL, P.C. ~ad-:t: Denise M. Valente Dated: 5(21 {41 . '. '0- t":) r~ <.:: i .. 1I1: : , " R.. ~. :J Cy, " "! I. ~ -, L~, ,,, " ,; -- (" L_ ,.1., I ,,- ll. r-- I C...' "'~ '..' ; wADE BlaT and CATHY BIRT -----....---...-.-..--.-~r8I~~--.-..---- La chc Coun 01 C-_A., Plaa 01 C&ambcrbad OIaacy, PallllYlnai& -------------------- VL Nil. 95-3312 CIvil. . Term .9...___ --....-------------------- C/lRISTH' 1.t "mITe.: ___e. .___J:U1._:.a....J."~J......_'______ Defendant -- ------.------..-.--.-.---.-..-.---.-..------- --------------... ---- .. -------.....-.-.- ........--..---...--.------.. ---------... ...-. ..------------------------------------.------------------------.- PllAECIPE TO REISSUE WRIT OF SU~~ONS -.-------------...----- ...----------.----- --.-----------....---------------------.- Please reissue the writ of summons which was originally issued in --.-..------------------------.--------------------------------------------------------.-.-. this matter on or about June 20, 1995 and reissued again on or about ----..-.----------- ------ ------------------------- August 31, 1995. ....---------------------..-----------.----.-------------------.--------------------.------- ----------.- .....------------.---.------..------------...---------- ---.... L ___...___________________________________._____._____.__.________________ To Lawrence Welker ------ --- Prachonmary 97 19____ ~larch 25, ') nnifer C. De tchman, ~ (or Plalnciif. McGraw, Hait & Deitchman 4 Liberty Avenue Carlisle, PA 17013 (717) 249-4500 , ., No. ____....________ Term, 19.___. -----------.------- VI. ------------------------ PR..'ECIPE F'a1ecI ____________________ 19__ _____________________, Atty. , ~ (~'?' .::" , '-. . (. i - ., " ,,' I '. ~:J '" ~) . ! ~! . '; ; i i ",'I . .1 . i........ ( \, POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR., ESQUIRE J.D. # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT v. CHRISTINE M. HOVIS Defendant. ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-3312 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE t. Denise M. Valente, an employee for the law firm Post & Schell. P.C., hereby state that II true and correct copy of the Court sealed Rule to File a Complaint was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows. on the date set forth below: Bv First Class U,S, Mail: Jennifer C. Deitchman, Esquire 4 Liberty Avenue Carlisle, PA 17013 Dated: 4 ~ (q1 POST & SCHELL, P.C. ~~b Denise M. Vslente . , ~ \D !;fi -.I ::>0 f.~ -or;' -u OJ_~ :;Q "'-...1.. I " ;o:r' ;J ~.. ~ eo .~~ .....C:. ~ ~ ~r, ::;: , ') r;-? ";-;: ~C () 'C:: -~ :;>: N r- ~ (J1 ~ i ~ ;' . -' ;. .:~ ~ . :,' t 'I ,-\,"i., .L; ': 'r ;~'i';j ,ttj,;l',', 1. ;'~t i.W rf'.fjlt~.. 'I L \' Ii 'j j " . ! jlJ:~ ('I ,It" ':If.)t:.:-:i:L^IH! R I I'; i 'f,.:tI.~j:"-_*L~0.J"....__~._.____.._..__._ "'~i. ill)'1 ;!.':___,",;' I IV :::.,LU!.t....J:L..._..___..._.._ Ll/\V.l!l L. KELt ~herlff or Deputy Sherlff 01 CUMDLfd t\Nl\ ("C'~Hlti, F.€.nr:t~yl'JtJn tel, whQ b(?~r,g dUly SWl)rn accord1.ng to> 1.J'J, 3~Y3, t.h'2 vlt_Li.n \i.IL:..l--11l" ';!Ii"tjv:Ji~ was served Up0r1 _HU\':,,:;~CHR!'.::~TrUj;:_. M de!L"r)(j;lnt. at .. l'):::L~00 HOUH~;;, ',;10 the Bt.h day l'.t: ~Ill t_he l'./:I~. at. Hlh BRADLEY c'R., AFT. H-.111 CALL 1::,Lt I' Pit i 7~ll .i , CiiMEiff.LAHLI Cnunt..y, rt"nn:::~i'lvan1~, Llj' han.f1rH.1 tl'l C,llf\rt~JIHi-; HIJVA;-.; a trui.' .:1nu ;3t.t.€>Zt'2d ::.op)" 01 the WHiT UF<U~IMlll..Jt--:: OZHld at. Lhc samE' tlOH,? dil'C'i..~t~tHl j.h.?;.:.. ;d.t.?nt,l.i)~'1 t.l) thQ GC.'lr,tcnts t.hereot. ':;Jll~'rlfi 's Co;:;ts: ~OC\.: :t.l.ng :-;C'r..... tG'C' A1f~d"\'lt ~-;\:rf:.harge lH.0tJ j, 11) . (jilt 2.00 c.;o J~'~C~~~~ ~~ h. I r-Lf~'lll-ic' r.l.~n.:, ::,:-''::.''1.?i-r 'i,/.J, 11.::1 Mt:GhAW, HAl'! l:., ['l...~lr.-r-nl.',r~ 0'; 10?-: 1 'D'::1-': ty -\)-a.Wf,~T~ ,: ~LL :::':H!I" J 11 ::;....(-'rn ;.1 (;!j f,ub:::~-rl b~:..;J t':l bl_~.t :1j',;::- m...' thl: 'I '!:"" '~~y of ~ 1" _ft_1__ ,\. !'. o ,~Q,J~",~.~.:,_.___.,_____ -~ tr'.'.r.,_",."..,fl-: vs. No. 95.3312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WADE DIRT and CATHY DIRT Plaintiffs : CIVIL ACTION. LAW CHRISTINE M. HOVIS, 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 action within twenty (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 defense or objections to the claims set forth sgainst you. You are warned that if you fail to do so, the case may proceed without you and 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 Plaintiflts). 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 DELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, P A 17013 (717)697-0371 (717)240-6200 IN TilE COURT OF COMMON PLEAS 01-' CUMBERLAND COUNTY, PENNSYLVANIA WADE BIRT and CATHY BIRT Plaintiffs : CIVIL ACTION - LAW vs, No. 95-3312 CHRISTINE M. HOVIS, Defendant COMPLAINT AND NOW, Plaintiffs, Wade and Cathy Birt, hereby complain of the Defendant as follows: I. Plaintiffs, Wade and Cathy Birt are husband and wife, residing at 1526 Pine Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Christine M. Hovis, is an adult individual residing at 1416 Bradley Orive, Apt. H-311, Carlisle, Cumberland County, Pennsylvania. 3, The incident giving rise to this action is an sutomobile collision which occurred between Plaintiffs' vehicle and Defendant's vehicle on or about July 9, 1993. . 4. On July 9, 1993, at approximately 9:00 p.m., Plaintiffs were traveling in their vehicle in an easterly direction on U.S. Route 11 North in Middlesex Township when Wade Birt, driver of Plaintiff's vehicle slowed the vehicle to attempt a left hand turn from Route II Southwest of the Sheetz store and Hannony Hall Road in Middlesex Township. 5. At the same date, time and location, Defendant was driving a vehicle owned by and registered in Defendant's name behind Plaintiff's vehicle on Route II. 6. As PlaintiWs vehicle was slowing or stopping to turn left, remaining in the northbound lane of Route II, the front of Defendant's vehicle impacted with the rear ofPlaintilrs vehicle. 7. There was no tuming lane in the above-described area of Route II as ofJuly 9, 1993. 8. As of July 9, 1993, the above-described area of Route II was a two lane highway divided by a double yellow line. 9. As a result of the collision, Plaintiffs, Wade and Cathy Birt, both suffered injuries which will be set forth in more detail below, 10. The injuries and damages hereinafter set forth were caused solely by and were the direct and proximate result of the negligence of the Defendant, in any or all of the following respects: a) In Defendant's failure to have the vehicle under proper control; b) In failing to keep alert and maintain a sharp lookout of the road and the surrounding traffic conditions; c) In continuing to operate the vehicle in a forward direction when the defendant saw or in the exercise of reasonable diligence should have seen that fiIrtber operation in that direction would result in a collision; d) In gpcrating her vehicle at an unsafe speed; .e) In.failing to operate the brakes in such a mannyr-so that the vehicle <,,,,,.If! 4.e~topped in time to avoid the collision; t) in following PlaintilT's vehicle too closely; and g) In failing to operate her vehicle in a manner which would have allowed it to stop within an assured clear distance ahead. COUNT I WADE BIRT vs, CHRISTINE M, HOVIS II. The avennents of paragraphs 1-10 above are incorporated by reference as if fully set forth herein. 12. Solely as a result of the negligence of the Defendant as aforesaid, Plaintiff, Wade Birt, sustained the following injuries, all of which are or may be of a serious and pennanent nature: a) cervical hyperextensionlhyperflexion injury; b) cervical neuralgia; c) lumbosacral sprain/strain; and d) cervical, dorsal, and lumbar sublaxation complex. 13. Plaintiff's collision-related injuries constitute a serious impainnent of bodily function and have caused him difficulty with and prevented him from perfonning his usual occupation of over the road truck driver, in addition to other activities. 14. As an alternative to paragraph number \3 above, Plaintiff, Wade Birt, is imputed to have full tort coverage by operation of law. I S. As a result ofthe aforesaid injuries, PlaintilT, Wade Birt has sustained the following damages: a) PlaintitThas been required to receive and undergo medical attention, physical therapy and care and to incur various expenses for treatment of her injuries; b) PlaintitThas sutTered and will sutTer great pain, sutTering, inconvenience, embarrassment, and mental anguish; c) PlaintitThas been and will be required to expend money for surgical and medical attention hospitalizstion, medical supplies, surgical appliances, medicines and attendant services; d) PlaintitT has lost wages and other benefits of employment; e) PlaintitTwill require vocational retraining to re-enter the workforce; and 1) Plaintill's general health, strength and vitality has been impaired. COUNT II CATHY BIRT vs. CHRISTINE M. HOVIS 16. The avennents of paragraphs 1-10 above are incorporated by reference as if fully set forth herein. 17. Solely as a result of the negligence of the Defendant as aforesaid, PlaintitT, Cathy Birt, sustained the following injuries, all of which are or may be ofa serious and pennanent nature: a) cervical hyperextensionlhyperflexion injury; b) cervical and lumbar strains/sprains; and d) cervical, dorsal, and lumbar vertebral sublaxations. 18, Plaintill's collision-related injuries constitute a serious impainnent of bodily function. 19. As sn alternative to paragraph number 18 above, Plaintiff, Cathy Birt, is imputed to have full tort coverage by operation of law. 20. As a result of the aforesaid injuries, Plaintiff, Cathy Birt has sustained the following damages: a) Plaintiff has been required to receive and undergo medical attention, physical therapy and care and to incur various expenses for treatment of her injuries; b) Plaintiff has suffered and will suffer great pain, suffering, inconvenience, embarrassment, and mental anguish; c) Plaintiff has been and will be required to expend money for surgical and medical attention hospitalization, medical supplies, surgical appliances. medicines and attendant services; d) Plaintiff has lost wages and other benefits of employment; e) Plaintiff will require vocational retraining to re-enter the workforce; and 1) Plaintiff's general health, strength and vitality has been impaired. WHEREFORE, Plaintiffs Wade and Cathy Birt bring this action against Christine Hovis to recover damages in excess ofS2S,000. Respectfully submitted, McGRAW, HAlT & DEITCHMAN (Counsel for Wade & Cathy Birt) 4') ~-//._. By: ~/.' '/ r ,;!// ,,_..., Jerutifcir C. Deitchman Pa. 1.0. # 72779 4 Liberty Avenue Carlisle, PAl 70 \3 (7 I 7) 249-4S00 AFFIDA VIT I verilY that any facts not of record set forth in the foregoing Complaint are true and correct to the best of my knowledge. infonnation, and belief based upon previously sworn statements of Wade and Cathy Birt as well as reliable records kept in the nonnal course of business. I acknowledge that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ~"~,,9? J~~ CERTIFICA TE OF SERVICE I, JENNIFER C. DEITCHMAN, hereby certifY that this 17111 day of April 1997, I served a copy of the foregoing Complaint upon the following individuaI(s) or entity(ies) by Certified mail: Kenneth Q, Doane, Jr., Esquire POST & SCHELL, P.C, 101 North Front Street Harrisburg, PA 17101 ~~ c- -.0 0, -J , " ,... """ "7] 'n : , .,:;:; (I; " '-.) !CJ . t. _.: :~.~ (" ~;~." ..:-. .-., . ,.~ :t ') ~, .;il ~-< .. :'1 ~, :..J .. 1J1 -< ~ vs. : No. 95-3312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA WADE BIRT and CATHY BIRT Plaintiffs : CIVIL ACTION - LAW CHRISTINE M. HOVIS, Defendant PRAECIPE TO SUBSTITUE AFFIDAVIT TO: Prothonotary Please substitute the attached affidavit for that which was filed with the Complaint in the above-captioned mailer. Respectfully submitted, McGRAW, HAlT & DEITCHMAN (Counsel for Wade & Cathy Birt) By: J .fer C. Deitchman Pa. 1.0. # 72779 4 Liberty Avenue Carlisle, PA 17013 (717) 249-4500 Date: April 25, 1997 AFFIDAVIT I verifY that any facts not of record set forth in the foregoing Complaint are true and correct to the best of my knowledge, infonnation, and belief. I acknowledge that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: r.:~)41 I tl)~ Ai9 Wade Birt Date: -4. d5 - 9'7 (aiiL ~ "jathY Birt " CERTIFICATE OF SERVICE I, JENNIFER C. DEITCHMAN, hereby certilY that this 171b day of April 1997, I served a copy of the foregoing Praecipe to Substitute Affidavit upon the following individual(s) or entity(ies) by Certified mail: Kenneth G. Doane, Jr., Esquire POST & SCHELL, P.C. 101 North Front Street Harrisburg, P A 17101 ~ . C: .D c.., , s: -1 -,\ "'" ,.1 "",,' ...,., ;-.1:!J ro': ~'J .' c- :;(.:' =,-, .. tTl :/,1,. '~ ( ., (J ~ . " . , '< . '.J~'i y1 .~1 L..J ~I:/ .... 1 (") ....;. =-? '";:"'r1\ ~-..'~ ':-:\ ," ." - :.q tT> .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA WADE BIRT lInd CATHY BIRT PlsintilTs : CIVIL ACTION - LAW vs, : No. 95.3312 CHRISTINE M. HOVIS, 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 action within twenty (20) dsvs after this Complaint snd Notice arc served, by entering a written sppearance personslly or by attorney and filing in writing with the court your defense 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 judgment msy be entered against you by the court without further notice for any money clsimed in the Complaint or for any other claim or relief requested by the Plaintiffls). You msy lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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, Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, P A 17013 (717)697-0371 (717)240-6200 IN TIlE COURT OF COMMON PLEAS OF CUMIIERLAND COUNTY, PENNSYLVANIA WADE BIRT nnd CATHY BIRT Plaintiffs : CIVIL ACTION - LAW \'5. : No. 95-3312 CHRISTINE M. HOVIS. Defendant AMENDED COMPLAINT AND NOW. Plaintiffs, Wade and Cathy Birt. hereby complain of the Defendant as follows: I. Plaintiffs. Wnde and Cathy Birt are husband and wife, residing at 1526 Pine Road, Cnrlisle. Cumberland County, Pennsylvania, 2, Defendant, Christine M, Hovis, is an sdult individual residing at 1416 Bradley Drive, Apt, 11-311, Carlisle, Cumberland County, Pennsylvanis, 3. The incident giving rise to this action is an automobile collision which occurred between Plaintiffs' vehicle and Defendant's vehicle on or about July 9,1993, 4, On July 9, 1993. at approximately 9:00 p,m., Plsintiffs were traveling in their vehicle inlln easterly direction on U.S. Route II North in Middlesex Township when Wade Birt, driver of Plaintiff's vehicle slowed the vehicle to attempt a left hand turn from Route II Southwest of the SIJeetz store and Harmony Ilnll Road in Middlesex Township, 5, At the slime date, time and location. Defendant was driving a vehicle owned by and registered in Defendant's name behind Plaintiff's vehicle on Route II. 6. As Plaintirrs vehicle was slowing or stopping to turn len, remaining in the nonhbound lane of Route I I, the front of Defendant's vehicle impacted with the rear ofPlaintirrs vehicle. 7. There was no turning lane in the above.described area of Route I I as of July 9, 1993. 8. As of July 9,1993, the above-described area of Route I I was a two lane highway divided by a double yellow line. 9. As a result of the collision, Plaintiffs, Wade and Cathy Bin, both suffered injuries which will be set fonh in more detail below. 10. The injuries and damages hereinafter set fonh were caused solely by and were the direct and proximate result of the negligence of the Defendant, in any or all of the following respects: a) In Defendant's failure to have the vehicle under proper control; b) In faili(lg to keep wen and maintain a sharp lookout of the road and the surrounding traffic conditions; c) In continuing to operate the vehicle in a forward direction when the defendant saw or in the exercise of reasonable diligence should have seen that ftH1lIer operation in that direction would result in a collision; d) In qpcrating her vehicle at an unsafe speed; .J:) In.failing to operate the brakes in such a mano}r.so that the vehicle ('",'J~4teiitopped in tiwe to avoid the collision; I) in following Plaintilrs vehicle too closely; and s) In failing to operate her vehicle in a manner which would have allowed it to stop within an assured clear distance ahead. COUNT I WADE BIRT vs. CHRISTINE M. HOVIS I J. The avennents of paragraphs 1-10 above are incorporated by reference'as if fully set forth herein. 12. Solely as a result of the negligence of the Defendant as aforesaid, Plaintiff, Wade Birt, sustained the following injuries, all of which are or may be ora serious and pennanent nature: a) cervical hyperextensionlhyperfJexion injury; b) cervical neuralgia; c) lumbosacral sprain/strain; and d) cervical, dorsal, and lumbar sublaxation complex. 13. Plaintiff's collision.related injuries constitute a serious impainnent of bodily function and have caused him difficulty with and prevented him from perfonning his usual occupation of over the road truck driver, in addition to other activities. 14. As an alternative to paragraph number 13 above, Plaintiff, Wade Birt, is imputed to have full tort coverage by operation of law. IS. As a result of the aforesaid injuries, Plaintiff, Wade Birt has sustained the following damages: a) Plaintiff has been required to receive and undergo medical allention, physical therapy and care and to incur various expenses for treatment of her injuries; b) Plaintiff has suffered and will suffer great pain, suffering. inconvenience, embarrassment, and mental anguish; c) Plaintiff has been and will be required to expend money for surgical and medical attention hospitalization, medical supplies, surgical appliances, medicines and allendant services; d) Plaintiff has lost wages and other benefits of employment; e) Plaintiffwill require vocational retraining to re-enter the workforce; and l) Plaintiff's general health, strength and vitality has been impaired. COUNT II CATHY BIRT vs. CHRISTINE M. HOVIS 16. The avennents of paragraphs 1-10 above are incorporated by reference as iffully set forth herein. 17, Solely as a result of the negligence ofthe Defendant as aforesaid, Plaintiff, Cathy Birt, sustained the following injuries, all of which are or may be of a serious and pennanent nature: a) cervical hyperextensionlhyperflexion injury; b) cervical and lumbar strains/sprains; and d) cervical. dorsal, and lumbar vertebral sublaxations. 18. Plaintiff's collision-related injuries constitute a serious impainnent of bodily function. ..., ....~"..;.~~...:........,.;....hli>..."'.t..;~~ ~-'... .,....... ..._ .~..... ..~_.__~ ~... _ _.-- 19. As an alternative to psragraph number 18 above, PlaintilT. Cathy Dirt, is imputed to have full tort coversge by operation of law, 20, As a result of the aforesaid injuries. PlsintilT. Cathy Dirt has sustained the following damsges: a) Plaintiff has been required to receive snd undergo medical attention. physicsl therspy and care snd to incur various expenses for treatment of her injuries; b) Plaintiff has suffered snd will suffer great pain. sulTering. inconvenience, embarrassment, snd mental snguish; c) Plaintiff has been snd will be required to expend money for surgicsl and medicsl attention hospitalization, medical supplies, surgical applisnces, medicines snd attendsnt services; d) Plaintiff has lost wsges snd other benefits of employment; snd e) Plaintiff's genersl health, strength snd vitality has been impaired, .h WHEREFORE, Plaintiffs Wade and Cathy Birt bring this action against Christine Hovis to recover damages in excess of$25,OOO. Respectfully submitted, McGRAW, HAlT & DElTCHMAN (Counsel for Wade & Csthy Birt) By: ,~ AFFIDAVIT I verifY that the facts set forth in the foregoing Amended Complaint sre true and correct to the best of my knowledge, information. and belief. I acknowledge that any fslse statements herein are made subject to the penslties of 18 Pa, C.S,A, Section 4904 relating to unsworn fslsification to suthorities, Date: ~'r-<n J;~@:0 Wade Birt Date: 4, :)I)~ 9'7 &11 J3Vd hy Birt CERTIFICATE OF SERVICE I. JENNIFER C. DEITCHMAN. hereby certify that this I7Ih dsy of April 1997. I served a copy of the foregoing Amended Complsintupon the following individual(s} or First Class Postage prepsid mail: Kenneth Q, Dosne. Jr.. Esquire POST & SCHELL. P,C, 101 North Front Street Harrisburg. P A 171 0 I #~~~) " I.<> ('1 , -.J ., ..,. ~-'. ;i ti~: l :-J ;'lfl ~. r., ,.....,) jC? <,,', r:: .?:::> :~ " =i.l ,--:;, ,. ~.\ '.0 ~ ::Jn1 ..t )-". (1'\ :.0 ....; POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR., ESQUIRE !.D. # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: Jennifer C. Deitchman, Esquire 4 Liberty Avenue Carlisle, PA 17013 Date of Notice: April 28, 1997 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: ... Court Administrator 4th FI., Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 POST & SCHELL, P.C. Attorney for Defendant ~ POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR., ESQUIRE !.D. # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Denise M. Valente, an employee for the law firm Post & Schell, P.C., hereby state that a true and correct copy of Notice of Praecipe to Enter Judgment of Non Pros was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Jennifer C. Deitchman, Esquire 4 Liberty Avenue Carlisle, PA 17013 POST & SCHELL, P.C. ~/~~ Denise M. Valente Dated: i~ff7 r, l,,:) 0 ~: ""-I .", .... 'he -, " -," ;~.)jll [:-i; :v *"-:. ' ;.". C,J ';g ~>l 0 . ) !-: ""t' ;", ~"I .... . . ?(') " :; :::' ; 3 I'll . , ::l ~. :0 1-.> ... ~ . POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR., ESQUIRE !.D. # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232.5931 FAX: (717) 232.9274 WADE BIRT and CATHY BIRT ORIGINAL ATTORNEYS FOR DEFENDANT CHRISTINE M, HOVIS Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION . LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please affix the attached Verification of Christine M. Hovis to the Answer and New Matter filed by Defendant in the above-captioned case. POST & SCHELL, P.C. ~ Counsel for Defendant Dated: May 13, 1997 , 83205 YERIFICATION I, CHRISTINE M. HOVIS, am a Defendant in the written action and verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. {/iMolhl 11f. ~ RISTINE M. HOVIS ..--... '- . CERTIFICATE OF SERVICE I, Denise M. Valente, an employee for the law firm Post & Schell, P.C., hereby state that a true and correct copy of the foregoing Praecipe to Substitute Verification was served upon all counsel of record by first class United States mail, postage prepaid, addressed lIS follows, on the date set forth below: Bv First Class U.S, Mail: Jennifer C. Deitchman, Esquire McGRAW, HAlT, & DEITCHMAN 4 Liberty Avenue Carlisle, PA 17013 POST & SCHELL, P.C. --l~~ Denise M. Valente Dated: May 13, 1997 (") '" !?, c ...... ?: :1: r.~ -0[11 ~ (11"., -< z: -] ~'''r- (.fl (;~ " . :) , r=E.~ ~ .~~ ~';r:' Z,-, - "--rn >l:.. u .. '-1 :;.- :n ~ --' -< .;:- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WADE BIRT and CATHY BIRT, Plaintiffs No. 8ll-3312 Civil Term va. Civil Actlon-Law CHRISTINE M. HOVIS Jury Trial Demandad PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANT'S NEW MAnER Wade Blrt and Cathy BIrI. Plaintiffs. by and through their attorneys. McGraw. Halt & Deltchman. file Preliminary ObJecllons to Defendant's New Matter for the following reasons: COUNT ONE FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 1. In Paragraph Sixteen of her New Matter; Defendant attempts to Join Plaintiff Wade BIrI as an additIonal defendant. alleging. In conclusory terms. that he Is alone liable to Plaintiffs. Is liable over to Plaintiffs. or Is Jointly or severally liable with Defendant to Plalnllffs. 2. The manner In which Defendant attempts to join Wade BIrI as an additional defendant falls to conform to the pleading requirements of Po. R. Civ. P. 2251 through 2215. relallng to Joinder of additional defendants. WHEREFORE. Plalnllffs request that the Court strike off paragraph Sixteen of Defendont's New Matter for failure to conform to the applicable rules of court. COUNT TWO INSUFFICIENT SPECIFICITY OF PLEADING 3. The Averments of Paragraph One of these Preliminary Objections are hereby reaverred and Incorporated by reference. 4. Paragraph Sixteen falls to set forth any of the material facts on which Defendant's Claims against Wade BIrI are based. As a result. Wade Blrt Is unable to prepare a defense to the allegallons against him. WHEREFORE. Plaintiffs request that the Court strike off Paragraph Sixteen of the Complaint. or In the alternallve. order Defendant to file a pleadIng that sets forth with the requisite specificity the material faels on which her claims are based. COUNT THREE LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 5. Paragraph Sixteen of Defendant's New Matter falls to state a cause of acllon. WHEREFORE. Plaintiffs request the Court to dismIss Detendont's affirmative claIms set forth In Paragraph Sixteen 01 her New Matter. Respectfully submitted, McGraw. Halt & Oellchman (Attorneys for PlaIntiffs) , By / y: J Iter C. Dellchman Po. 10 #72779 4 Liberty Avenue Carlisle. PA 17013 (717) 249-4500 CERTIFICATE OF SERVIC~ I. JENNIFER C. DEITCHMAN. hereby certify Ihallhls 2711l day of May. 1997. I served a copy of Ihe foregoing Preliminary ObJecllons upon Ihe following Indlvldual(s) or enlllylles) by U.S. Flrsl Class poslage pre-paid mall: Kenneth G. Doane, Jr. POST & SCHELL. P .C. 101 North Front Street Harrisburg, PA 17101 t.: .D 0 -.I .,1 , -. -- wJ r.:;j'. ::-, ,'TJ -.: 'r-" " ,,') ,In ':0 ~; -.J ib l-~ : ~.... ::B , .' .~(~ " : 'D '. "rn " =, ". 'lJ -, II' :..; POST & SCHELL, P,C. BY: KENNETH G. DOANE, JR., ESQUIRE J.D. # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-593 I FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION AND NOW comes the Plaintiffs Wade Birt and Cathy Birt and Defendant Christine Hovis by and through their undersigned counsel, and hereby stipulate to strike Paragraph Sixteen (16) of Defendant's Answer with New Matter to Plaintiffs' Amended Complaint, without prejudice. MCGRAW, HAlT & DEITCHMAN POST & SCHELL, P.C. er C. Deitchman, Esquire J.D. Number: 72779 4 Liberty Avenue Carlisle, PA 17013 r~ ..0 :::> , -.J :t-.. '" .., rn . ;~ ;~~ . i:.". r-: ' " ~'~ "",,:l -'J . ., . .~O :~.~ . "':? :~!n :)1 :",~ .. 10 -< . '. POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR.. ESQUIRE J.D. # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-5931 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR JUDGMENT ON THE PLEADINGS OF DEFENDANT CHRISTINE M. HOVIS AND NOW, comes the Defendant, Christine M. Hovis, by and through her attorneys, Post & Schell, P.C. and in support of her Motion for Judgment on the Pleadings, avers the following: 1. The Plaintiffs were allegedly injured in an automobile accident on July 9, 1993. 2. The Plaintiffs tiled a Praecipe for Writ of Summons on June 20, 1995. 3. On July 13, 1995, the Sheriff returned service indicating "Defendant not found". 4. On August 31, 1995, Plaintiffs tiled a Praecipe to reissue the Writ of Summons. 5. On November 20, 1995, Plaintiffs tiled a Praecipe to reissue the Writ of Summons. 6. Failing to take any action to serve Defendant with the Writ of Summons for approximately sixteen (16) months, Plaintiffs did not tile their next Praecipe to reissue the Writ of Summons until . , . March 5, 1997. 7. Plaintiff again tiled a Praecipe to reissue the Writ of Summons on March 25, 1997, and Defendant was served with the Writ on April 8, 1997, nearly two (2) years after Plaintiffs tiled their Praecipe for Writ of Summons, and nearly four (4) years after the accident in question. 8. The above course of conduct confirms that Plaintiffs failed to make a good faith effort to effectuate service of the Writ. After tiling their Praecipe for Writ of Summons, Plaintiffs engaged in a course of conduct which served to stall in its tracks the legal machinery they had just set in motion. See, Lamp v. Heyman, 496 Pa. 465, -' 366 A,2d 882, 889 (1976), 9, Thus, the Writ of Summons did not remain effective to commence this action, and Plaintiffs failed to toll the statute of limitations. See, ld 10. Defendant raised the affirmative defense of expiration of the statute of limitations in her Answer with New Matter to Plaintiffs' Amended Complaint. 11. A party may move for judgment on the pleadings "[aJfter the relevant pleadings are closed, but within such time as not to unreasonably delay the tria1." Pa.R.C.P, 1034. The relevant pleadings are closed, and trial is not imminent in this case. 12. A Motion for Judgment on the Pleadings may be granted where there is no genuine issue as to material fact and the moving party is entitled to judgment as a matter of law. Beardell v. Western Wayne School Dist., 91 Pa.Commw.Ct. 348, 496 A.2d 1373 (1985), 13. As Plaintiffs failed to toll the applicable statute of limitations. the Defendant is entitled to judgment as a matter of law. ~ WHEREFORE, it is respectfully requested that this Honorable Court grant Defendant's Motion for Judgment on the Pleadings. Respectfully submitted, POST & SCHELL, P.C. 1!.. a-q~~ KENNETH G. D NE, . ESQUIRE Counsel for Defendant \ CERTIFICATE OF SERVICE ., Esquire I, Kenneth G. Doane, Jr., Esquire of the law firm Post & Schell, P.C., hereby state that a true and correct copy of the foregoing Motion for Judgment on the Pleadings was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Jennifer C. Deitchman, Esquire McGRAW, HAlT, & DEITCHMAN 4 Liberty Avenue Carlisle, PA 17013 Dated: 7/"1/97 POST & SCHELL, P.C. Kenneth , . PRABCIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next: D o Pre-Trial Argument Court Argument Court ******************************************************************* WADE BIRT and CATHY BIRT, Plaintiffs v. CHRISTINE M. HOVIS, Defendant Civil 1995 NO: 3312 1. State the matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Judgment on the Pleadings. 2. Identify counsel who will argue the case: (a) for plaintiff: Jennifer C. Deitchman, Esquire address: 4 Liberty Ave., Carlisle, PA 17013 (b) for defendant: Kenneth G. Doane, Jr., Esquire address: 101 North Front Street, Harrisburg, PA 17101 3. I will notify all parties in wri ting wi thin two days that this case has been listed for argument. 4. Argument Court Date: Auqust 13. 1997 . . ,I -~'-~~::.::......--.:-:-- . 9 o,!'J n ...J ..... - ~':.-:: ~.! _. , - ~, tJl , .- -t-.' t'"01 ":j. 'l<? -'6 ..' " .'1\ . -:.~ c' :'1 , 1 ~"') .. r::; Gl'n -:.-"J ...." ~, .J i 11~ ~.;, ; I ! I ! I i I i , v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95.3312 CIVIL TERM CIVIL ACTION-LAW ... WADE BIRT and CATHY BIRT, Plaintiffs CHRISTINE M. HOVIS, Defendant bfmLlfOFFER, p,". and !:lESS, J, ORDER OF COURt AND NOW, January 14, 1998, after oral argument and careful consideration of the parties' briefs, this Court finds that the pleadings alone can not determine whether Plaintiff made a good faith effort to effectuate service of the Writ of Summons filed June 20, 1995. ~ Lamo v. Hevman, 496 Pat 465, 366 A.2d 882 (1976) (holding that a delay In service may be excused If a good faith effort to effectuate service is demonstrated). Vetter v. Fun Footwear Co., 447 Pa. Super. 84, 668 A.2d 529 (1995) (holding that a motion for judgment on the pleadings may not be granted if an Issue of material fact remains, and to determine whether a material fact Is at Issue a court may look only to the pleadings and relevant docurnents). Because Plaintiff's good faith effort remains in question, Defendant's Motion for Judgment on the Pleadings Is denIed. ;. By the Court, P.J. Jennifer C. Deltchman, Esquire McGraw, Halt & Deltchman 4 Uberty Avenue Carlisle, PA 17013 For the Plaintiffs C~11~ 'v, I~i C./-, Kenneth G. Doane, Esquire Post & Schell 101 North Front Street Harrisburg, PA 17101 For the Defendant o ("] '& .n .... .-1 ~ ,--\-n _~ :2~ ;\''''\_~J '{,i~" ..- --l tj/;:..:~ -- ',"'.' f."-r.:" ~ () ,- ., .-.:\:\ (.,':".1 _ , ~,- --0 ~.... f;:\.) ..:~ ~t.~ 1~CJ C- y, .,..-:;t..~ .. ~ 'P'<;"; _ :!! :i (1\ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WADE DIRT and CATIIY B1RT, PlalntllTs vs. CHRISTINE M. HOVIS, Dcfcndant : CIVIL ACTION - LAW : No. 95-3312 ~ TO SHOW CAUSE day of September, 1998, the Court, having AND NOW, this consldcred the motion of Plain tilTs' counsel to withdraw in the above captioned matter, Issucs upon the Birts' a Rule to Show Cause why MeGRA W, HAlT & DEITCHMAN should not be granted the relief requested in the motion. Rule returnable within W days of service. By the Court: J. SEP' 3 199~ >- c:' .' l-" L1Jr~ 0< --I H-- Cr>;:- O- w;. ~ -'. u::~ ", c F. I~ ;-, .~. ...-. , : ..~ f " U (0 I C_ ,,, V. ~C~ - <: 1 t. , ~ 'oJ ':-1 '~,',',,'-, McGRAW, HAlT & DEITCHMAN 4 Liberty Avenue Carlisle, PA 17013 (717) 249-4500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WADE BIRT and CATHY BIRT, Plaintiffs : CIVIL ACTION - LAW : No. 95-3312 vs. CHRISTINE M. HOVIS, Defendant PLAINTIFFS' COUNSEL'S MOTION TO WITHDRAW FROM REPRESENTATION And now, Plaintiffs' counsel, McGRAW, HAlT & DElTCHMAN, by and through the undersigned attorney, hereby requests that the Court issue a rule to show cause why they should not be allowed to withdraw as counsel in the above-captioned matter. Such request is being made for the following reasons: 11 This action was commenced with a Praecipe for Writ of Summons while Plaintiffs' counsel was employed by the law offices of Griffie & Assoeiates. ~ Following the opening ofthe firm ofMcGRA W, HAlT & DEITCHMAN, Plaintiffs hired the firm to continue to represent them in their action against Christine Hovis through a written fee agreement. A true and correct copy of the Agreement is attached hereto as Exhibit "A." Although it is not dated, the undersigned attorney recalls that it would have been executed between September and December of 1995 as part of the procedure of opening new tiles which were referred from Griffie and Associates. :,~;~ ~ On or about July 14, 1997, counsel for Defendant, filed a Motion for Judgment on the Pleadings which raised the issue of good faith efforts with respect to the service of the summons instituting this action. ~ Said Motion was denied by this Court in its January 14, 1998 decision. ~ Meanwhile, on or about October 20, 1997, Plaintiffs' counsel notified Plaintiffs that their interests may be adverse to counsel's depending upon the Court's final disposition of the issue regarding service of the summons and that they were advised to consult with other counsel on the matter. ~ McGRAW, HAlT & DElTCHMAN is also aware that there may be a need for the attorney(s) to be called as a witness at some point in the future on the issue of good faith service of process, whieh would conflict with the fl1'lTl's role as the representative attorney in this case. Zl At that time there were also outstanding discovery requests due from Defendant and Plaintiffs were dilatory in providing the requested information to counsel. m Other areas of conflict for continuing representation of the Birts by the fl1'lTl, include, but not limited to: requests for outstanding costs, and differences with respeet to opinions IIjJout the case, which have impacted upon the attorney- client relationship between the Birts and the law firm. 21 As of January 29, 1998. Plaintiffs were again advised to consult other counsel. 10) Again in February, 1998, PlniRtiffs were advised by the undersigned that they should hire another IIttorney or that the undersigned would file a motion to withdraw. !llHaving not received an entry ofuppearonce from another attorney in this matter, nor other direction from PlaintilTs with respect to the pursuit or withdrawal of the action. Counsel is forced to submit this motion to withdraw from representing PluintilTs f:Z) Wherefore. McGRAW. HAlT & DEITCHMAN, requests that the Birts be given twenty days to submit their reasons why they should not be allowed to withdraw as counsel and that a hearing be held if the Birts raise objections to this request. Barring any objections within twenty days of service of the Rule upon the Birts, Petitioner requests that said Rule be made absolute and that PluintilTs be considered to be proceeding pro se unless another entry of appearance is filed in this case. By: Je C. eitc Pa. ID # 72799 4 Liberty Avenue Carlisle, PA 17013 (717) 249-4500 Date: ~/.l/f'! ~ APFIDA VIT I verify that any facts not ofrecord set forth in the foregoing Motion are true and correct to the best of my knowledge, information. and belief. I acknowledge that any false statements herein are made subject to the penalties of IS Pa. C.S.A. Section 4904 relating to uuswom falsification to authorities. , ~ CERTIFICATE OF SERVICE ~'1"J I, JENNIFER C. DEITCHMAN, hereby certifY that this ..f'1 day of September 1998, I served a copy of the foregoing Motion to Withdraw upon the following individual(s) or entity(ies) by First Class Postage Prepaid U.S. Mail: Wade and Cathy Birt 1526 Pine Road Carlisle, PA 17013 Kenneth G. Doane, Esquire Altn: Angela M. Flynn, Paralegal Post & Schell 101 North Front Street Harrisburg, PA 17101 fr~ -< FilE/}{)fF/CE ' Or: T,..t 1':->;"11 'f"'''QTAlW . j., f. ~ _ -Lt."t Jf\'1r gEl SfP - 2 !.if 9: 53 eL"" " .. --, ''{''J'''lY . IVI'~__i it, ~h,.J \"~l Pi' , ;~N;"JJ\/L~.1.J"J!A " "~, ~1D <0 If)_ If)< UJQ, gUJ ;z:\t o..;z: ';UJ etUJ rCD IJlIJl wet . Cl :s: ~W ,nCl oct 0..\- <1'l 00 zo.. .... - c :E '..,.., f/) ~ (.) l- f/) a: iI: d . (l !.. . I~o :l.1 >,.. o<lp !!! ~o ~<l ~ ... ~D. U t = ~.; tD fS~i .11 olll.. L(J" CIa. ~ ~ 0 J ~ . NU o D. ~ i%l .... ~ -- 0-= r- - ~-:j ~O<: ~~~1 lIJ~;=S ~p., - \0 -= N = ~:!:lU..! . , , , \ i I I ! i I i \ I ~ . WADE BIRT and CATHY BIRT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW CHRISTINE M. HOVIS, Defendant NO. 95.3312 CIVIL TERM AND NOW. this pRDER OF COURT ~ tL day of October, 1998, upon consideration of Defendant Christine Hovis's Motion To Compel Directed to Plaintiffs. a Rule is hereby issued upon the Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT. J. Jennifer C. Deitchman, Esq. 4 Liberty Avenue Carlisle, PA 17013 Attorney for Plaintiffs u.~ 11>V'~L.....t lb. f- f V r '1'"" Joseph E. Murphy, Esq. Suite 100 240 Grandview Avenue Camp Hill, P A 17011 Attorney for Defendant ';' :<,:i,~}~\:~3d I 'l'~'''''''' ....'::.1.'iI" .,L ,.' '.', d(' V :re Lt :Z \~j 9-lJU H5 ~HdC: .,-'r;,,", .. ;.. '," JO :!:)i:UO-GJiLJ . t-...~.~_..,~ .., , ~ .' OCT 5 199~ . POST & SCHELL, P.C, BY: JOSEPH F. MURPHY, ESQUIRE J.D. # 78119 240 GRANDVIEW A VENUE SUITE 100 CAMP HILL, PA 17011 ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS WADE BIRT and CATHY BIRT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW THIS day of , 1998, it is hereby ORDERED AND DECREED that the Plaintiffs shalllile rull and complete answers to Defendant's written discovery within thirty (30) days from the date of this Order or thereafter be precluded from introducing at trial any evidence that is the subject or Defendant's written discovery. BY THE COURT: J. . . . ... POST & SCHELL, P.C, BY: JOSEPH F. MURPHY, ESQUIRE J.D. #78119 240 GRANDVIEW A VENUE SUITE 100 CAMP HILL, PA 17011 ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS WADE BIRT and CATHY BIRT Plainti ffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED DF.FF.NDANT CHRISTINE HOVIS'S MOTION TO COMPEL DlRF.CTF.D TO PI.AINTIFFS 1. Plaintifl's filed their Complaint in this instant action on or about April 25, 1997. 2. On or about October 3, 1997, Moving Defendant served PlaintilTs with Interrogatories and a companion Request for Production ofDocumcnts. <A copy of the Interrogatories and Request for Production of Document is attached hereto as Exhibit 00 An). 3. By May 15, 1998 Moving Defendant has not received PlaintilTs' answer to written discovery, and on that dated, sent a letter to Plainti fl's counsel requesting responses. (A copy of the letter from defense counsel to PlaintilTs' counsel is attached hereto as Exhibit OOBOO). 4. By August 19, 1998, Moving Defendant still had not received PlaintilTs' answers, and on that date, Moving Defendant sent another letter to Plainti ITs' counsel requesting responses. (A copy of defense - .. counsel's letter is attached hereto as Exhibit "C"). 5. To date, Moving Defendant has not received Plaintiffs' answers to Defendant's responses to discovery. 6. Pursuant to Pennsylvania Rules of Civil Procedure 4003.5 and 4009.12 a party served with written discovery is required to provide full and complete responses within 30 days from service thereof. 7. Despite several requests, Plaintiffs have failed to provide full and complete responses to this discovery. 8. Moving Defendant has been prejudice by Plaintiffs' failure to comply with the Pennsylvania Rules of Civil Procedure in that Moving Defendant has been unable to adequately prepare a defense to this lawsuit since suit WllS instituted in April of 1997. WHEREFORE, Moving Defendant respectfully request that this Court enter an Order compelling Plaintiffs to file full and complete answers to Defendant's discovery within thirty days from the date that the Order is entered, or thereafter be precluded from introducing any evidence that is the subject of Defendant's written discovery. Respectfully submitted, POST & SCHELL, P.C. Date: ~~ , . EXHIBIT A . EVAN BLACK PAUL W. GREGO ALEXANDER J. PALUTIS CHARLES F. McELWEE PERRY D. MERLO JOHN C. DEVINE COLIN K. LYDON JOHN R. KANTNER KENNETH G. DOANE. JR. MICHAEL E. McGRATH LAWRENCE F. BARONE VICKI A. BOLINGER "lAlaoa ANGELA M. FLYNN 'a...__ Jennifer C. Deitchman, Esquire 4 Liberty Avenue Carlisle, PA 17013 RE: Birt v. Hovis Dear Jennifer: POST & SCHELL, P.C. .,. . Attorney..' lIw 101 NORTH fRONT STREET HARRISBURG. PENNSYLVANIA 17101 11171232.6931 fAX 11171 232.9214 1101 JllIlNl.IUMD'/ 11111, _L/'IL\.PAlIlll:I 1116IIII,lIllI fAll11l61111,1C44 101 _ION IIAlI. .,H IlllOR AlUNIOWN. PA 11101 11101 43311113 IAllIIIOlm:NIlI 131 NOIITH IIINCII1II11 WlCAlnR, fA llIlI3 Il1n 1I1~631 IAllllln 111,111II 11I1 WII1IIlOlIIIIOAD lllORHI" Mlll8llU 1IlIOIIII-IlIOO IAllIlllOlIIl4461 October 3, 1997 FILE NO.: 0260/83205 In the interests of continuing the forward motion of this case, should the Court not grant our Motion, please find enclosed Interrogatories and a Request for Production of Documents for response by your clients. Thank you for your kind attention and cooperation. KGD/dmv Enc. Very truly yours, KENNETH G. DOANE, nL .~. ., COPy POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR., ESQUIRE !.D. # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-593 1 FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES ADDRESSED TO PLAINTIFFS To: Plaintiffs and their counsel, PLEASE TAKE NOTE that you are hereby required to answer separately, fully, in writing, and under oath, the following Interrogatories and to serve your answers thereto on POST & SCHELL, P.C., attorneys for Defendant, on or before thirty (30) days from the date of service hereof, all In accordance with the Rules of Civil Procedure. .. ' ,,~ '" INTERROGATORY NO.1: Please state your full name, age, date of birth, and present resident address. 2 ,. INTERROGATORY NO.2: Are you married at the present time and, if so: a. Give your spouse's full name. b. If a fernale, her maiden name. c. The date and place of your rnarriage. d. State whether or not your spouse is now living with you. e. If not, when the separation occurred; and f. Your spouse's present address. 3 .. INTERROGATORY NO.3: If you were previously married, state for each previous spouse: a. The name and present resident address of each spouse. b. The dates of cornmencement of each rnarriage. c. The place where you were married to each spouse. d. The date of terrnlnation of each marriage. e. For each rnarriage. please state the manner In which It was terminated. f. If any marriage was terrninated by divorce, state for each such divorce the county and state or place where the action was filed, and the grounds alleged In said action and whether filed by you. 4 ~ INTERROGATORY NO.4: For the twenty (20) years Immediately preceding the date of the Incident referred to In your Complaint, state: a. The narnes and addresses of each of your employers. b. The dates of commencement and termination of each such source of employrnent. c. Detailed description of the services of work performed for each source of employrnent. d. Your average weekly wages or earnings frorn each place of employment during the past five (5) years. e. For each employer, whether a physical examination was required and, If so, state the date, place and person giving the examination. 5 , "'__'.~_"........,~,<' A f. For each employer, whethar or not you mada any representations In writing or answered In writing any questions concerning your physical condition. g. The name of your Immediate boss, foreman, or other superior to whom you were responsible et each of the place of employment listed above. 6 . ~ '.. . . INTERROGATORY NO.5: What was your business or occupation at the time of the Incident referred to In the Complaint. . - 7 , I . INTERROGATORV NO.6: If employed at the time of the Incident referred to In the Complaint, stata: a. The name and address of the employer. b. The position held and the nature of the work performed. } c. The date of commencement and terrnlnatlon of said employment. d. Hours worked per week. e. Name and address of Immediate supervisor. f. Whether or not a physical examination was required and, If so, name and address of person giving the examination. g. Average weekly wages for the preceding year. h. The name and address of the person, firm, company or association on whose account your payroll check was drawn. 8 . 9 INTERROGATORY NO.7: Have you lost any time from your business or occupation since the Incident referred to In your Complaint, and, If so, state: a. The cause of such loss of time. b. The number of days lost and the dates. c. The arnount of any wages or Income lost. d. The name and address of the person, firm, company. or association who maintains a record listing your attendance at or absence from said work. INTERROGATORY NO.8: Have you been employed at anytime since the date of the Incident described In your Complaint? If so, please state with regard to each Job/or employment: a. The name and address of your employer. b. The nature of your employment. c. The title of your position. d. The date on which you commenced employment. e. The date on which you terminated employrnent. f. The reason for the termination of employment. 10 11 g. The name end eddress of your Immediate supervisor. h. Your hourly rate and average weekly wage while working with same employer. I. Whether a physical examination was required and, if so, state the date, place, and person giving the examination. '\ i a. The name and address of the employer to whorn an application was rnade. INTERROGATORY NO.9: Please state whether or not you have applied for any jobs or forms of employrnent since the date of the Incident described In you Complaint. If so, please state with regard to each job applied for or application made for employment: b. The type of work sought. c. The date on which application was rnade. d. The action taken by the employer on said application. e. The reason given, if any, for rejection of the application or refusal to employ the applicant. 12 " . . INTERROGATORV NO. 10: What Is your social security number? 13 _. .- -., . .-.-. ....,~.;,.. ,- INTERROGATORY NO. 11: Have you ever drawn social security benefits for disability? If so, state: a. Your residence at the tlrne. b. The social security office through which you filed your claim. c. The nature and extent of the disability. d. The length of time of such disability and the beginning date. 14 a. The nature of any such payment. Il\III;RROGATORY NO. 12: Are you now receiving or have you ever received any disability pension, Income or Insurance or any workmen's compensation from any agency, company, person, corporation, state or government and, if so, state: b. The dates you received such income. c. For what injuries or disability did you receive it and how such injury occurred or disability arose. d. By whorn paid? e. Whether or not you now have any present disability as a result of such Injuries or disability. 15 f. If so, the nature and extent of such disability. g. Whether or not you had any disability at the tlrne of the Incident described In the Complaint. h. If so, the nature and extent of such disability. 16 INTERROGATORY NO. 13: With respect to each of the past twenty (20) years, state: a. Your yearly gross income as reported on your U. S. Income Tax Return. b. Your yearly net income as reported on your U. S. Income Tax Return. c. The name and address of the person, firrn, or corporation having custody of any papers pertaining to your income. 17 INTERROGATORY NO. 14: Have you ever served In the Armed Forces or In the military service of the United States? If so, state: a. Name of each such organization and particular branch from whom you performed services. b. Dates and place of such services. c. Your serial number. d. Date of termination of such service. e. Nature of your discharge. 18 .. ' " INTERROGATORY NO. 15: Have you evar been rejected for military or government service for physical reasons? If so, state: a. The date thereof. b. The condition for which rejected. c. Names and addresses of all physicians consulted regarding the said condition. 19 . , -...~~- INTERROGATORY NO. 16: State the narne and address of each high school, college, or education Institution you have attended, listing the dates of attendance and the major course of study. 20 INTERROGATORY NO. 17: Other than the Incident described In your Complaint. have you ever made a claim for any benefits, damages, or recovery of any monies or funds against any person, firm. or corporation. or against any insurance cornpany as a result of personal Injuries or as a result of any physical conditions? If so, state: a. The Injury or condition for which such claim was made. b. The name and address of the person. flrrn. or corporation to whom or against whorn It was rnade. . ,. ~ , c. The date It was rnade. d. The nature and amount of any payment received. 21 , , INTERROGATORY NO. 18: Have you aver suffered any Injuries In any accident during the twenty (20) year period prior to the Incident referred to In the Complaint? If so, state for I each Injury or accident: a. The date and place of such Injury. b. A detailed description of all the Injuries you received. c. The names and addresses of any hospitals rendering treatment. d. The names and addresses of all physicians, surgeons, osteopaths. chiropractors. or other medical practitioner rendering treatment. e. The nature and extent of recovery and, If any permanent disability was suffered. the nature and extent of the permanent disability. 22 f. If you were compensated In any manner for any such Injury. stata the names and addrassas of each and evary parson or organization paying such compansatlon and the amount thereof. 23 --- --.. -,-..., "- , INTERROGATORY NO. 19: Please state whether or not you have been Involved In any accidents and/or sustained any Injuries for which you have conaulted a physician since the date of the Incident described In your Complaint. If so, state: a. The date of the said accident and/or Injury. b. The place where said accident and/or Injury occurred. c. The manner In which said accident and/or Injury occurred or was sustained. d. The narne and address of the physicians consulted as a result of the said accident and/or Injury. e. The date~ on which you were examined and/or treated by said physician. 24 ... f. The nature of your Injuries and complaints at the time you were examlQ,ed and/or treated by said physician. g. Whether or not said physician has rendered a medical report in connection with the aforesaid care and treatment. , 0 25 INTERROGATORY NO. 20: Have you been hospitalized for any reason whatsoever from January 1, 1977 to the present date? If so, please state: a. The date and place. b. a detailed description of your symptoms. c. The names and addresses of any hospitals rendering treatment. d. The names and addresses of all physicians, surgeons, osteopaths, chiropractors, or rnedlcal practitioners rendering treatment. e. The approximate date of your recovery. f. If you did not fully recover, the date your condition became stationary and a description of your condition at that time. 26 ,. INTERROGATORV NO. 21: Have you ever been arrested for any crime other than a traffic violation? If so, please state: a. The nature of the offense. b. The date. c. The county in which you were arrested. d. The disposition of the charge against you. 27 " \ INTERROGATORY NO. 22: Did you consume eny elcohollc beverege of any type, or any sedative, tranquilizer or other drug, medicine, or pili during the 24 hours Immediately preceding the Incldant described in the Complaint? if so, please state: a. The nature, amount and type of Item consumed. b. The amount of time over which consumed. c. The names and addresses of any and all persons who have any knowledge as to the consumption of these Items. 28 INTERROGATORY NO. 23: State whether you have made any written or recorded statements regarding the accident referred to In the Complaint and, If so, state: a. The name and address of the person or persons to whom such statements were made. b. The date such staternents were rnade. c. The form of the statement, whether written, oral, by recording device or to a stenographer. d. Whether such statements, if written, were signed. e. The name and addresses of the persons presently having custody of such statements. 29 ..' INTERROGATORY NO. 24: Please state the full name and last known address of every witness known to you or to your attorneys who has any knowledge regarding the facts and circumstances surrounding the accident In which you were Involved as alleged In the original Complaint flied herein. 30 I' ,~)>c '. INTERROGATORY NO. 26: Please state whether or not prior to the date of the incident described In your Complaint you had any disabilities or physical Impairments. If so, please state: a. The nature and extent of the disability and Impairment. b. The langth of time you had this disability and/or Impairment. c. The effect the disability or Impairrnent had on your daily activities. d. The effect which the physical disability or Impalrrnent had on your operation of an automobile. 31 - .. INTERROGATORY NO. 26: Please give the number of your driver's license, the date of Issue, end describe the restrictions, If eny, under which you operete e motor vehicle. 32 INTERROGATORY NO. 27: State whether you, your attorney, your Insurance carrier, or anyone acting on their behalf obtained statements in any forrn from any persons regarding any of the events or happening that occurred at the scene of the Incident referred to In the Complaint Immediately before, at the time of, or Immediately after said regarding and, if so, state: a. The narne and address of the person frorn whom any such statement were taken. b. The dates on which such statements were taken. c. The narnes and addresses of the persons and ernployers of such persons who took such statements. d. The names and addresses of the persons having custody of such staternents. 33 e. Whether such statement were written, by recording device, by court reporter, or stenographer. 34 . INTERROGATORY NO. 28: State the narnes and addresses of any and all proposed expert witnesses and the technical field in which you claim they are an expert. 35 " .:7 - '-- INTERROGATORY NO, 29: Do you, your attorney, your Insurance carrier or anyone acting on your or their behalf, have or know of any photographs, motion pictures, maps, drawings, diagrams, measurements, surveys or other descriptions concerning the events and happenings alleged in the Complaint, the scene of the accident, or the areas or persons or vehicles involved made either before, after, or at the time of the events in question, Including any photographs made of the plaintiff at anytime since the incident referred to in the Complaint and, if so, as to each such item, state: a. Its nature. b, Its specific subject matter. c. The date It was rnade or taken. 36 ........... .~._-.~_: d. The name and last known address of the person making or taking It. e. What each such Item purports to show or Illustrate or represent. f. The name and address of the person having custody of such Itern. 37 INTERROGATORY NO. 30: Please give the name and address of each physician or medical practitioner who has examined and/or treated you as a result of the accident or for the Injuries described In your Complaint. and please state with regard to each such physician or medical practitioner: a. The first date on which you were examined and/or treated by each. b. The number of occasions you were exarnlned and/or treated by each. c. The last date on which you were examined and/or treated by each. d. The nature of the treatment rendered by each. e, Whether or not a medical report has been rendered In connection with the said care and treatment. 38 INTERROGATORY NO. 31: Please state whether or not any of the physicians listed in the answer to the foregoing interrogatory recommended or prescribed therapy as treatment for the alleged Injuries sustained. If so, for each physician who recommended therapy, state: a. His or her name. b. The name and address of the person adrnlnlstering the therapy. c. The nature of the therapy administered. d. The area or areas of the body which were so treated. e. The dates on which such therapy treatments were administered. f. The total charges made In connection with the therapy. 39 ^' '. INTERROGATORY NO. 32: If you received treatment at any hospital In connection with the Injuries allegedly suffered, please state: a. The name and address of each hospital at which you were so treated and/or admitted. b. The dates on which said treatment was rendered, Including the dates of entry Into and discharge from said hospital or hospitals. c. The name and address of the physicians who attended you at said hospital or hospitals. 40 ":, INTERROGATORY NO. 33: Have you, as a result of the Injuries described In your Complaint, worn any type of brace, corset, cervical collar, support, or eny type of orthopedic appliance? If so, state: a. The name of the doctor who fitted or prescribed said appliance. b. Describe the appliance and state Its cost. c. When did you start wearing said appliance. d. When did you stop wearing said appliance. e. Was said appliance worn constantly or intermittently during the foregoing period and, If both, state the period In which it was worn constantly. 41 INTERROGATORY NO. 34: Pleese list the name, address, specialty, and reason for consulting any and all physicians who had occasion to examine and/or treat you during the two-year period immediately preceding the date of the Incident described in your Complaint, and give the approximate date on which you were exarnlned and/or treated by each. 42 INTERROGATORY NO. 35: With regard to the accident and Injuries described in your Complaint In the above-numbered and entitled action. please state: '. a. The nature and frequency of any present complaints resulting from said accident and/or Injury. If any. b. The nature and extent of any disability. c. Describe In detail the location of the pain you suffer and the duration and intensity of such pain. d. Whether or not you suffer any restraint of your normal activities due to the aforesaid Injuries. 43 INTERROGATORV NO. 36: Please list each and every expense, cost, and loss Incurred and/or sustained by you as a result of the accident and Injuries described In your Complaint. With regard to each such expense, cost, and/or loss. please Itemize as to: a. The exact amount of the expense, cost, or loss. b. A description of the Item or service for which you were charged with this expense. c. The nature of the loss which you sustained. d. The name and address of the person, firm, or company with whom either the expense or cost was Incurred or from who the loss was sustained. ..' 44 e. Whether the expense was actually paid by you personally and/or whether the loss was, in fact. sustained. '. f. Whether you have been reimbursed for the expense, cost, or loss and, If so, the name and address of the party so reimbursing you. 45 " INTERROGATORY NO. 37: Have you ever been Involved In any other lewsults, either as a defendant or as a plaintiff? If so, state: a. The date and place each such action was flied, giving the name of the court, the name of the other party or parties Involved, the number of such action, and the names of the attorneys representing each party. b. A description of the nature of each such action. c. The result of each such action, whether or not there was an appeal and the result of the appeal, and whether or not such case was reported, and the narne, volume, and page citation of such report. Respectfully subrnltted, POST & SCHELL, P.C. KENNETH G. DOANE, ., ESQUIRE Counsel for Defendant Date: /o/g/9? 46 " . :! of ~r':\ , "~j':)y POST & SCHELL, P.C. BY: KENNETH G. DOANE, JR., ESQUIRE !.D. # 78136 101 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-593 I FAX: (717) 232-9274 WADE BIRT and CATHY BIRT ATTORNEYS FOR DEFENDANT CHRISTINE M. HOVIS Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-3312 CHRISTINE M. HOVIS Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DmECTED TO PLAINTIFFS Pursuant to P.R.C.P. 4009, you are hereby requested to produce the below-listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied, photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of Post & Schell, P.C., 101 North Front Street, Harrisburg, PA 17101 within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with P.R.C.P. 4009. ,..-. .- -. - ~. .- . .-.-.- . ......__ n.._ __...._._. ....__.. . ., 1. The entire contents of any invcstigation tile or tiles and any other documentary material in your posscssion which support or relate to the allegations of Plaintiffs' Complaint (excluding references to mental impressions, conclusions or opinions regarding the values or merit of the claim or defense or respecting strategy or tactics and privileged communication from and to counsel). .. a, f 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statement from the parties herein, or their respective agents, servants or employees. . _ ' ...._. '9._ _. .... b_ . . 3. All photographs taken or diagrams prepared of the scene of the accident/incident or any instrumentality involved therein. f - 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. . S. All expert opinions, reports, summaries or other writings in your custody or control of your attorney or insurer, \yhich relate to the subject matter of this litigation. f 6. Any and all medical records, physician(s)' reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by the Plaintiff as well as the treatment of any similar injuries prior or subsequent to the occurrence in question. i. '. 4 7. All documents, correspondence or other drawings, sketches, diagrams, or writing in your custody or control of your attorney or insurers, which relate to the subject matter of this litigation. " 8. All documents identified in your answers to any set of Interrogatories propounded by any party in this litigation. . '. 9. All documents which you intend to rely upon or introduce at trial of this litigation. ,I, NOTE: As referred to herein "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes or meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control of the original) now in your possessions, custody or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. Respectfully submitted, POST & SCHELL, P.C. 1c KENNETH G. DOANE, JR., Counsel for Defendant Date: lo/3/~1 h _, , . . ! ., . , . , .d'.."........ .. , 0' -, -. EVAN BLACK ALEXANDER.J, PALll1lS PAUL W. GREGO CHARLES F. McELWEE PERRY D, MERLO .JOHN C, OEVINE COLIN K. LYDON .JOHN R. KANTNER .JOSEPH F. MURPHY MICHAEL E. McGRAlli LAWRENCEF.6ARONE DYLAN P. OAYT'ON POST & SCHELL, P.C. ATTORNEYS AT LAw 18oo.JOHN ,. KtHN[D'l' BLVD. PttlL..ADCLPt1IA.. P'" U~IO:l'1"'.0 I,IIU ..7'1000 'A'/f,c 11'.1 ..,.1...... 70. WHrTE HOME M)AO VOORttEES. H.J 0.~3 IOOVIOI"8QOO ,...., tOOQI 0.,......1 80' HAMlLTOH MALL AlUHTOWtt, P'" .8101 10 I 01 ..33.0 1 G3 FAA: leIOI..:U.3G11 137 N. ~I~E STRUf LAHCASlVt. PA 17603 17171,GI...a31 ,....:t7'JI'V'.IOOQ &01 W....HINGTON .mtET READ4HO, "... 10003 1010131&''''. 'AX: 10101311.'103 240 GRANDVIEW Ave:Nue: CAMP HILL. PA I 70 I I 11l717:JI'IQ70 F.u:II"'ILE: 17171 7:J I.U~6e May 15, 1998 LAWRENCE'. BARONE: C71 71 e 12-GO:J7 UWIooC....TScHW..COM nLE NO. 83201510200 Jennifer C. Deitchman, Esquire GRIFFIE & ASSOCIATES 4 Liberty Avenue Carlisle, PA 17013 RE: Blrt v. HovIs CCP: Cumberland: 95-3312 Dear Jennifer: I have recently taken over the handling of this file from Ken Doane who has moved out of state. My review of the file shows that Ken served a Request for Production of Documents and Interrogatories on October 3, 1997. I do not see a response in my file. Please provide these answers at your earliest convenience. If you are experiencing problems, please contact me. Thank you for your cooperation. In the interest of moving this case along, I would like to take the depositons of your clients, Wade Birt and Kathy Birt. Please provide me with dates in which they are available in the near future. Very truly yours, LAWRENCE F. BARONE LFB/jmd .. "..' EVAN BlACK ALEXANDER J. PALunS PAUL W. GREGO CHARLES f. McELWEE PERRY D. MERLO JOHN C. DEVINE COLIN K. LYDON JOHN R. KAmNER JOSEPH f. MURPHY MICHAEL E. McGRAlli POST & SCHELL, P.C. ATTORNEYS AT LAw 17171731-1070 FAC'IMILIE.: 17111131'108& '800 ..K.>>tN' I\[fm(oy 01.....0 ''ttlLAOlU'ttlA, P4 181 O~ '..0 1.1 &1 '."ICXXJ 'Aal.'.'..,.'..... 10 I .,..uM HOne( ROAD YOOAHUI. H.I OIlO.U leog, e,'118OO 'A. 10091 e, '.......1 110 I HAMILTON MAU ~~.PA 111101 le'01"3~0183 ,.... telO' "33381' '37 N PRINCE amttT LAHCASTtA. PA I 7&03 17171 '81,"&3. r,u: 17171181'1809 ao I .,..AaHINOTON BTRUT Au.DINO. PA 18603 1010131.'1'.11 ,Ale: 10101 37a.'le3 240 ORANDVOE:W AVE:NUE: CAMP HOLL. PA I 70 I I August \9, \998 ANoD.A M. FUHH 17171 e IZ-eQ3& AIl.~tac>Cu. COM nLE NO. OZeo,o83Z0& Jennifer C. Deitchman, Esquire GRIFFIE & ASSOCIA rES 4 Liberty Avenue Carlisle,PA \70\3 RE: Dirt vs. Hovis CCP: Cumberland: 95.3312 Dear J enni fer: Please forward answers to Interrogatories and Request for Production within ten (10) days, in order to obviate the filing of a Motion to Compel. If you should have any questions or require an extension, please feel free to contact me at the above number. Very truly yours, Angela M. Flynn Paralegal AMFlhs File Copy --'-~~ii ..........--,.....-: .,. .,.1. . CRRTIFICATE OF SRR~ I, Angela M. Flynn, an employee for the law firm Post & Schell, P.C., hereby state that a true and eorrect copy of the foregoing Motion to Compel was served upon all eounsel ofrccord by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Ry First Class Irs Mail' JENNIFER C. DEIrCHMAN 4 Liberty Avenue Carlisle, Pa 17013 Wade and Cathy Birt 1526 Pine Road Carlisle, Pa 17013 posr & SCHELL, P.C. _~m,.-:{1~ Angel . Flynn Dated: q !a?J(ce n oJ:':':' CI ','" ~.: ;:.J '11 0 ~ -";1 :'] ~~:n t I~ \ -I , r"- .; ~ , I "f.9 '. ,,) ". I. , +~ (~) . :- ( ." ..,l ; ..... .. .!(; (.(. ;~:.,n ~. ~~-: .., j) .~.... '>J ~1 -. ,1' -<; .. .' .-. J. NOV 0 4 1998 t:b IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA vs. : CIVIL AcrION - LAW : No. 95.3312 : (Hon. George E. HolTer) WADE BIRr and CArHY BIRr. PlaintllTs CHRISrINE M. HOVIS, Defendant f. W ADSOULUTE AND NOW, this ~ day of November. 1998, the Court, having eonsidered the motion of Plain tilTs' counsel to withdraw in the above eaptioned maller, and upon no showing of cause by the Birt's why eounse1 should not be allowed to withdraw in the maller, Plaintirrs counsel is hereby discharged in this matter. Unless an entry ofappearanee is filed on beha1foflhe plaintilTs, they will be eonsidered to be proeeedingpro se. By the Court: . ,. f.'-,- ".~' .., MtORAW.I/AIT A milTCI/MAN 4 Libcny A...... Culi.... PA 1701l ,717l249-4'OO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNry, PENNSYLVANIA WADE BIRr and CATHY BIRr, PlaintilTs : CIVIL ACrION - LAW vs. : No. 95-3312 : (Hon. George E. HolTer) CHRISTINE M. HOVIS, Defendant MOTION TO MAKE RULE ABSOLUTE And now, Petitioners, McGRAW, HAIr & DElrCHMAN, by and through the undersigned attorney, hereby requests that the Court allow them to withdraw as counsel in the above-captioned matter in light of the Respondent's failure to show eause why sueh Order should not issue. In support of this Motion. McGRAW, HAir & DEIrCHMAN avers as follows: 1) On September 8, 1998 the Honorable George E. HolTer issued a Rule to Show eause upon the PlaintilTs as to why McGRAW, HAIr & DElrCHMAN should not be granted the relief requested in their Motion to Withdraw as PlaintilTs' Counsel. A true and correct copy of said Rule to Show Cause is attaehed hereto as Exhibit "A". 2) McGRAW, HAIr & DEl1'CHMAN attempted to serve the Rule with Motion upon the Birts by mailing the same to them at their last known address via eertified mail, which document was ncver claimed by the Birts. A true and eorrect copy of the certified envelope, as stamped by the U.S. Post Office and ~ \!) [.:; ... u; ~.. '"" c;: ~-) -.... " ~i ~~~ ~.. -- (. .;. H-C ~ '-. a.. .~ :-"J c:5~. \.D <:~ 6' . I . <~ "'.r ~' -. ;jii!J u:l: c: ;1.!U.. . . r =.:; :> t,t4 c::: 0 0' (J returned to the offices ofMeGRA W. 11AlT & DEITCHMAN is allaehed hereto as Exhibit "B." 3) rhereafter, Jennifer C. Deitchman had a phone conversation with Cathy Birt wherein Mrs. Birt eonlirmed her address as correct, and that she was aware that there was a certified leller addressed to them, but did not bother to elaim it at the post office. 4) Meanwhile, MeGRA W. HAlT & DEIrCHMAN had mailed a second eopy of the Rule to Show Cause and Motion to Withdraw by regular mail on September 25,1998, and obtained a eertifieate of mailing from the U.S. Post Offiee for the same. A true and correct copy of the eover leller and eertifieate of mailing whieh aecompanied these documents is allaehed hereto as Exhibit "c.n 5) Ifwe assume that the September 25, 1998 mailing reaehed the Birts' within five (5) days of mailing, it is elear that a month has passed since the Birts' would have had notice of their obligation to come forth with any eause why eounsel should not be allowed to withdraw in this ease. 6) The Rule itself provided that the Rule was returnable within only twenty (20) days ofserviee. 7) An affidavit as to facts not on reeord contained herein signed by Jennifer C. Deitehman is allaehed hereto as Exhibit "D." 8) Wherefore, there being no response from the Plaintiff to the Rule issued September 8, 1998. the law offiees ofMeGRA W. HAIr & DEIrCHMAN respectfully requests that they be withdrawn as Plaintirrs counsel ofreeord in this aetion. Respectfully submitted, McGRAW, HAlT & DEIrCHMAN Date: 11/2/98 (k - I-\--j. / ---. . / - . } By: -"I ( ../ ". ! // /" -~", Jennifer C. Deitehnlan Po. ID # 72799 4 Liberty Avenue Carlisle, PA 17013 (717) 249-4500 SEP 3 199~ IN THE COURr OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WADE BIRr and CATHY BIRr, Plaintiffs : CIVIL AcrlON - LA W : No. 95.3312 " , \ . \ .i i , vs. CHRISTINE M. HOVIS, Defendant RULE TO SHOW CAUSE AND NOW, this S ~ day of September, 1998, the Court, having considered the motion of Plaintiffs' counsel to withdraw in the above captioned maller, issues upon the Birts' a Rule to Show Cause why McGRAW, HAIr & DEIrCHMAN should not be granted the relief requested in the motion. Rule returnable within .J-<> days of serviee. By the Court: /5/ ./J-l.f>.<3"-- ,. F I/~fp . J. I A TRUE COPY FROM RECORD In Testimony Vlllcreol. I 115m utilo sat my hand and Iho seal 01 said Cou al Carlisle, Pa. Thl !!.- day 0 19 95' Prothonotary EXHIBIT , \ "...... ., --..-....-.-.-.- ...... ... ._--~--_..._._--,. .._..0_. NVWHJll30 li llVH 'MVU!):lW C.':1 r) "J '';'" fiil';b ~ :~:'i!1~n \!!n~lml\~~(q! -- I ==.' Ide1i/-I -- ETURN ADDRESS completed on th. rev.-. 1./' .lyourR____ .. . ... ..1 ;X ::.:'" l" p - ~ '" filUk z: ~ ~i I . 1. ~ ~ i I I UI~ : l!l .. CD (/' Pt- III ~"'~ ~ -:1; r; -. 'i ; In 1--1 ~ ~F If I ~!f;~ :: ~"ll I ~ ~ is i i l ! i 5 l;P. iftif J II - if i ~!I.J l)J I sf (' i ! if . i ~i 1,. !" !iiii~i nil U n i .i~l! ~Ii Ui I I ~ 11 r( i.. ooa,.to- i i" ifl 8~g i!~!l~ Ciil 'I 8. , Thank you lor uIlng Rotum R_lpl s.r.tc.. , ~ ~ ~ o o 3 CIl !e i'i' :xl CIl c: 3 :xl g -s EXHIBIT , I i (: :r :r .-'l l'- l'- ru ITI .-'l C N ~ ~ r-I~l~j } I ~ ~~ Cl>fJ ~'t3 ~ .~~ : :..as; \ 1I!'lS~<: 13 ~ ','j-IE a:: 5 If.I a.~i ~~!!!~ \'> ~p..~ '0 : <ll"''"' ;;, ~ 'g :;P;l~ ~ ,.. ~.....tj .:~~ :) ~ ~,:~.... ,.. . -mi...' "-oJ - ,:,:,,"':;.-'~J~ .. \1l I~ .. i I t I i " :.i ::: 0 ~ .1 E :~l ..c: . ::~ u 'j ;~ .... , '- '" QJ := Q,) ... 1 , Q ~ ~g , Ol- e.\:) :;:~< t Ul Q. ~ ~~Q) OE~]i ::t: o~-.:: 1"1'cU :;: U - e tj u .".. ~ B M 11tA W, HAlT & UI~ITCr 'I1AN A"'J'OllN.':\'S AT I.A W fRED tt. HAlt' JENNIfER C. DEIlCUMAN TRUDY N. McGRAW. 01 C-.. AREAl OF PRACTICE: [MPLOYMENT DISCRIMINA liON WORkERS' COMPENSATION PERlONAL INJURY SOCIAL SECURITY OISABIUfY CHAM8ERSBURQ TRUST BlOG, 14 N. MAIN STREET. SUITE 307 CHAMBERS BURG, PA 11201 PHONE: (7111 263.1344 fAX: (111) 249.241 1 IARAH O. PRUNOIIE, Otlkl. Adm6111"flICW ~IIUt9!ll!..lll! 4 L1I[RTY AV[NUE CAALI'~E. PA nou '!lGNE'11111248.4100 fAX: 17l1124H411 Septemher 25, 1998 Wade & Cathy Bin 1526 Pine I\oad Carlisle, M 17013 RE: BUrr va. 1I0VIS Dear Mr. & Mra. Birt: Our recorda show thlll you have not signed for the certified Rule to Show Cause aigned by the judge on our motion to withdraw in this case. You only have 20 days from service of thia documelll to respond to it. I have enclosed another copy of the rule to ahow cause along with our motion to withdraw from this letter whieh was certified as being senttuday by the postomce We will thus presume that you receive it by regular lint clnsa mail oven though yuu hllve not signed fur the certified copy. Also, Ms. 1I0vis' IIllorneys have filed II motion to compel discovery responses. These are the documents which we provided to you, with answers, about a month ago for you to review and provide to their attorneys If you do not wish tllpursue this claim. please advise us of this in writing, so that we do nol havoto colllinue with these Illotions. . Sincerely, ,., .".. loa ...r. In '\a~m"C. 'ofi l~:~\ ,. , ! EXHIBIT PS FOIm 3811. Mil. \080 I c J: AFFIDA VIr I verifY that any faets not of record set forth in the foregoing Motion are true and eorrect to the best of my knowledge, information, and belief. I aeknowledge that any false statements herein are made subjeet to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsifieation to authorities. Date: 1/ !J/!f /0':> jlf/-, ( ." \_o~/f>-..__ Jennifer C. Deitehman EXHIBIT I D . ~ " CERTIFICATE OF SERVICE I, JENNIFER C. i>E1TCIIMAN, hereby eertify that this 2nd day of November 1998, I served II copy of the foregoing Motion to Make Rule Absolute upon the following IndlvldulIl(s) or cnllty(les) by First Class Postage Prepaid U.S. Mail: Wade and Cathy Birt 1526 Pine Road Carlisle, PA 17013 Kenneth G. Doane. Esquire Alln: Angela M. Flynn, Paralegal Post & Sehell 101 North Front Street Ihll1isburg. PA 17101 /', / / /~/--{/A t : " ',' I I ) . /'- " 'u /, . ,J- --~, ------ ' --"" "'- --' ".~~' / g lO q ~ .~ :'!: -nt'. .....:) ,,1 IT1f:;l ~.:: ;;?- ::S z:-n 7~:. I ......,fn ~ ~(,' I'> i,'i' ~~;t.i ~:~l.J ';:;r'" :r:w :!: :.ij _I. ~C~ ... \,2(") 1. .Pc: ~ L5m 2 :;:) ~ ~ \0 ~ , .. ....... tl' ..... ~; 1l .... "OST & SCHELL, ",C. BY: AMY L. CORYER, ESQUIRE J.D. 1182718 240 GRANDVIEW A VENUE SUITE 100 CAMP HILL, PA 17011 WADE BIRT and CATHY BIRT Plnintiffs v. CHRISTINE M. HOVIS Defendant. ATTORNEYS FOR DEFENDANr CHRISTINE M. HOVIS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 95-3312 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO rHE PROrHONOr ARY: PLEASE mark the above-captioned matter ended. settled and discontinued. \ DArE:"'-~ 1, I~'l<q Respectfully submitted, (/&( (I Ad Wade Birt 1526 Pine Roau Carlisle, PA 17013 {~ 'fJ/d Cathy 1526 P e Road Carlisle, P A 17013 I , 1.,' ~", ''1 - CERTIFICATE OF SERVICE I, Rebecca S. Rusbateh, an employee of Post & Schell, P. C., do hereby certify that on the date listed below, I did serve a tnle and correct copy of the foregoing doeumcnt upon the following person(s) at the following addressees) by sending same via United States mail, first-class, postage prepaid: Wade and Cathy Birl 1526 Pine Road Carlisle, P A 17013 DArE: 51 !1-199 -&o~hM R CCA S. J(USBA r H - n \D 0 5 \.0 '\1 - '(I ,.~; i-: ... "" o:!l rr~'~ . -.: "'hi Z:-'l ." :<'"L "'5:' ~~ ~: 00 r-,.: C.j ~: :...I"J ;:,:! ." -- ,..0 ,. , ~~ ;') 5 '".m ,. c:: .. ~ " N .". :3. .... :!:l ...........--~'""..~- >