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KIM R. SPAHR,
PlaintitT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, I'ENNSYL VANIA
v,
NO, 95-3517 CIVIL. TERM
CIVIL ACTION - L.AW
VICTORIA L. BEAVER,
Defendant
JURY TRIAL. DEMANDED
PLAINTIFF'S MQTION "'OR PROTECTIVE ORDER AND
COUNSEL'S MOTION TO WITHDRA~
I. The above-captioned action arises out of an automobile acc.ident which occurred on
July 6, 1993.
2, Plaintill'initiated this action by tHing a writ of summons and subsequently filed a
Complaint on or about January II, 1996,
3. The parties have exchanged extensive written discovery, including all medical records
and background information surrounding Plaintitl's claims,
4, This case was previously subject to a discovery motion and order compelling the
Plaintiff to provide various discovery, A copy of Judge Oler's Order of August 20, 1996 is hereby
attached as Exhibit" A",
5, In attempting to comply with that Order, I'laintitl's deposition was originally
scheduled for Tuesday, November 19, 1996.
6. On or about November 5, 19%, Plaintitl's counsel was contacted by the Plaintiff who
advised that she was no longer desirous of having Plaintitl's counsel represent her, This
communication was promptly transmitted to counsel for the Defendant. A copy of the Defendant's
confirming lettllr of November II, 1996 to Plaintitl's counsel is hereby attached as Exhibit "B",
7, I'laintitl's counsel was then contacted by his client who advised that she was not
desirous of discharging Plaintitl's counsel but simply wanted to try and negotiate directly with
Defendant's insurance company, If that settlement failed, she desired counsel to all end the deposition
with her.
8. Therefore, Plaintitl's deposition was rescheduled for Monday, December 9, 1996 at
9:30 a,m,
9. On or about December 5, 1996, Plaintitl's counsel was again contacted by his client
who advised that she wished to terminate the represc,ntation and would be retaining new counsel.
Plaintitl's counsel provided her with all original file materials,
10. On or about December 13, 11)1)6, I'laintitl's counsel received a call1rom Richard
Freeburn, Esquire, an attorney inllarrisbur!!o advisin!! that he had reviewed Ms, Spahr's case with
her and the contents of the lIIe, but indica....'llthat he was unwillin!! to assume handling oflhe file and
would not be enterin!! his appearance,
I \. On or about December 13, 11)1)6, I'laintitl's counsel received a calland deposition
notice from counsel for the Defendant setting I'laintill's deposition I(lr December 20, 11)96,
12, Plaintill's counsel believes that ht can no lon!!er adequately represent his client for
various reasons under the Rules of Professional Conduct, Rule 1,16,
13. Plaintitl's counsel has also been discharged on two occasions by the Plaintiff, and
hereby seeks court approval to withdraw his appearance for Plaintil1',
14. Since Defendant's allorney has scheduled the deposition for December 20,1996 at
10:00 a,m" Plaintilhlso seeks a protective order prohibiting the scheduling of Plaint ill's deposition
until January 20, 1996,
15, Plaintitl's counsel has faxed a copy of this Motion to Delendant's counsel and orally
advised the Plaintiff that he will be filing the Motion,
WHEREFORE, Plaintitl's counsel requests that he be granted court approval to withdraw
his appearan;:e and that the court issue a protective order prohibiting Plaintitl's deposition until
January 20, 1997,
MA'TS~A'OORFF. WILLIAMS & OTTO
L. (
By 'e' .
George B, I er, Jr" Esquire
\.D. No, 49813
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-334\
Attorneys for PlaintilT
Date: December 17, 1996
v.
I IN ~HE COURT OF COMMON PLEAS or
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I
KIM R. SPAHR,
Plaintiff
VICTORIA L. BEAVER,
Derendant
95-3517 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of August, 1996, upon
oonsideration of the Motion of Defendant Victoria L. Beaver ~o
Compel Answers to Discovery by Plaintiff Kim R. spahr, and of
Plaintirf's Reply to Defendant's Rule To Show Cause, and
rollowing 8 conference held in the chambers of the undersigned
judge in which the Plaintiff was represented by George B.
Faller, Jr., ~squire, and the Defendant was represented by
Jefferson J. Shipman, Esquire, Defendant's motion is granted,
and plaintifr is directed to respond to Defendant's
interrogatories and raquest for production of documents within
60 days of the date of today's order.
In addition, Plaintiff shall submit herself to a
deposition, upon notice by the Defendant, within 120 days or the
date or this order.
By the court,
J.
EXHIBIT " "
.
TRue COPY FROM AEOOAD
In T lISUmony Whereof, I her, unto SlIt hi
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ProthonotarY
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3, Admitted that Plaintiff Spahr was a passenger in a 1991
Eagle Summit owned and operated by De fondant Beavor.
4. Admitted that Plaintiff Spahr was traveling on Route
641 in Camp Hill, Cumberland County, Pennsylvania,
5. Admitted.
7. Denied. The answering Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
averments contained in Paragraph 7, r~lating to whether Plaintiff
was caused to sustain severe injuries to her person and the same
are, therefore, denied and strict proof is demanded at the time
of trial, By way of additional answer, it is believed, and
therefore averred, that Plaintiff Spahr'S injuries were not
derious.
8, Denied. The averments contained in paragraph 8 are
merely conclusions of law to which no responso is required. If a
response is deemed to be required, it is specifically denied that
the Defendant was negligent, careless and/or reckless in any
manner with respect to Plaintiff'S alleged cause of action.
a. It is specifically denied that the Defendant
failed to maintain her vehicle under proper and adequate
control;
b. It is specifically denied that the Defendant
failed to keep her vehicle within the assured clear distance
ahead; and
2
c. It is specifically denied that the Defendant acted
in a careless, reckless and negligent manner without regard
for the safety and rights of Plaintiff Spahr,
9, Denied. It is specifically denied that the Defendant
w~s reckless, careless and/or negligent in any manner with
respect to Plaintiff's alleged cause of action, By way of
further answer, the Defendant is without sufficient knowledge or
information to form a belief as to the truth of the averments
relating to the injuries alleged sustained by Plaintiff. By way
of further answer, it is believed and, therefore, averred that
the injuries sustained by Plaintiff were not serious.
10. Denied. It is denied that the Defendant was reckless,
careless and/or negligent in any manner with respect to
Plaintiff's alleged cause of action. By way of further answer,
the Defendant is without sufficient knowledge or information to
form a belief as to the truth of the averments of paragraph 10
relating to medical attention, care and expenses of the Plaintiff
and the sane are, therefore, denied.
11, Denied. It is denied that the Defendant was reckless,
careless and/or negligent in any manner with respect to
Plaintiff's alleged cause of action. After reasonable
investigation the Defendant is without sufficient knowledge or
information to form a belief as to the truth of the remaining
averments of Paragraph 11 and the same are, therefore, denied.
3
12 Denied. It is denied that the Defendant was reckless,
careless and/or negligent in any manner with respect to
Plaintiff's alleged cause of action. After reasonable
investigation the Defendant is without sufficient knowledge or
information to form a belief as to the truth of the remaining
averments of Paragraph 12 and the samo are, therefore, denied,
13. Denied, It is denied that the Defendant was reckless,
careless and/or negligent in any manner with respect to
Plaintiff's alleged cause of action. After reasonable
investigation the Defendant is without sufficient knowledge or
information to form a belief as to th~ truth of the remaining
averments of Paragraph 13 and the same are, therefore, denied.
WHEREFORE, the Defendant, Victoria L. Beaver, respectfully
requests that judgment be entered in her favor and that the
Plaintiff's complaint be dismissed with prejudice.
NEW MATTER
14. Tha~ the Plaintiff's injuries and damages were not
caused by any acts, omissions, or breaches of duty by Defendant.
15. That the Plaintiff's alleged cause of action is barred
in whole or in part by the Pennsylvania Comparative Negligence
4
Act, 42 Pa. C.B.A, S7102, et seq., or by the Doctrine of
Comparative Negligence.
16. That the Plaintiff may have assumed the risk of her
injuries allegedly sustained by her by reason of her own
negligence and carelessness.
17. That any damages the Plaintiff may be entitled to
recover in this action are limited to those damages which are
recoverable under the provisions of the pennsylvania Motor
Vehicle Financial Responsibility Law.
18. That the Plaintiff failed to utilize a seatbelt and/or
shoulder harness which was available to her at the time of the
accident and said failure amounts to a failure to use reasonable
care which was a contributing proximate cause to the Plaintiff's
injuries and damage.
19. That the Plaintiff's alleged cause of action may be
barred by the applicable Statute of Limitations.
20. That this action is subject to the provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Paw
C.S.A. S1701, et seq.
21. That the Plaintiff's claims may be limited or barred by
the "Limited Tort" option, pursuant to 75 Pa. C.S.A. S1705, et
seq. (supp. 1992).
22. That this accident and any injuries sustained by
Plaintiff, may have been cause in whole or in part by the
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KIM R. SPAHR, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANY.A
I
v. I CIVIL ACTION - LAW
I
VICTORIA L. BEAVER, I
Def.endant I NO. 95-3517 CIVIL TERM
AND NOW, this 5 tt. day of July, 1996, upon consideration of
Motion of Defendant Victoria L. Beaver to Compel Answers to
Discovery by Plaintiff Kim R. Spahr, a Rule is hereby ISSUED upon
the Plaintiff to show cause ,.,hy the relief requested should not be
qranted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
J.
ft~.~
~1.V"
Jefferson J. Shipman, Esq. 17_-;_4'
320 Market Street "",,,,,,
P.O. Box 1268 I"
Harrisburq, PA 17108-1268
Attorney for Defendant
Georqs B. Faller, Jr.,
Ten East Hiqh Street
Carlisle, PA 17013
Attorney for Plaintiff
Esq.
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LAW OPr.ICIl-
GOLDElEHO, KA'1'7.MAN Be SHIPMAN, P.C.
lUIO MAJucat IT"aI:T
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UAR.UIIBURO. tsiNNIIYLVAN1A &7108.U~66
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KIM R SJ>>AHR,
Plaintil1'
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, I'ENNSYL.V ANIA
CIVIL ACTION -l.AW
95.3517. CIVIL TERM
VICTORIA L. BEAVER.
Defendant
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintil1: Kim R, Spahr, by and through her allorneys, MARTSON,
DEARDORFF, WILLIAMS & OTTO, and respectfully represents as follows:
1. Plaintilf. Kim R Spahr. (hereinaller relerred to as "PlaintilT Spahr") is an adult
individual who resides at 1',0, Box 732, Mechanicsburg, Cumherland County, Pcnnsylvania 17055,
2, Defendant, Victoria L. Beaver, (hcreinaller referred to as "Defendant Beaver") is an
adult individual who resides at 936 Grand Street. Harrisburg, Dauphin County, Pennsylvania 17102,
3. On or about July 6,11)93, Defendant Spahr was a passenger in a 1991 Ea!!le Summit
owned and operated by Delendant Beaver,
4, On or about July 6, 1993, Defendant Spahr was traveling on Route 641 (East Trindle
Road) in Camp Hill. Cumberland County. Pennsylvania,
5, On or about July 6. 11)93, Dclendant Spahr was involved in a collision on Route 641
(East Trindle Road) with a 1986 Fleetwood Cadillac owned by Daniel Beaver (father) and operated
by Daniel Beaver (son),
7, At the aforesaid time and place Plaintill' Spahr was caused to sustain severe injuries
to her person, hereinaller more fully described,
8, At the aforcsaid time and place the injuries sustained by Plaintiff Spahr were caused
and/or contributed to by the negligence, carelessness and/or recklessness of the actions of Defendant
Beavllr in that she:
a, failed to maintain her vehicle under proper and adequate control;
b, failed to keep her vehicle within the assured clear distance ahead; and
c. acted in a careless, reckless and negligllnt manner without regard for the
safety and rights of Plaintiff Spahr,
9, As a result of the recklessness, cllrelessness and/or ne!!li!!ence of Defendant Beaver,
PlaintilT Spahr has sullered injuries which were and are severe, painful, serious and permanent,
These injuries include but arc not limited to:
a. small lracture fragment olT of the first metatarsal phalangeal joint with
edema;
b, sinus tarsi syndrome;
c, foraminal compression; and
d, pain and restriction in cervical spine
10. As a result of the conduct of Defendant Beaver, I'laintilT Spahr has been obli!!ated
to receive and undergo medical attention, care and expenses for the injuries she has sulTered and
may be obligated to continue to incur such expenses for an indelinite time in thc future,
1 \. As a further result of the conduct of the aforesaid Dcfendant Beaver, PlaintilT Spahr
has sulTered a loss of earnings and/or impairment of her earnin!! capacity and power,
12, As a further result of the conduct of Defendant Beaver, Plaintill'Spahr has sull'ered
medically detrimental physical impairmcnts which have prevcnted hcr from performing the normal
acts and duties which constitutc her usual and customary daily activities,
13, As a furthcr result of the conduct of Defendant Beaver, PlaintilT Spahr has
experienced severe pain and sulTering, mental an!!uish and humiliation and in the future may
continue to do so,
WHEREFORE, PlaintilT Kim R, Spahr demands judgment a!!ainst Defendant Victoria L
Beaver in an amount in excess 01'$25,000.00, plus costs and intcrcst as provided by law,
By
Geor ,a , Jr"
Ten ast High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for PlaintilT
Date: January 11, 1996
,