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HomeMy WebLinkAbout95-04164 I ~ I O? '- '- 3 " , , -:1 " ! ,. ~ - "Q) '~ . , " ',. - ~ ,\ "f,) J,\;. )'1:, "';)~, ", ,1,;J1 " ~ " P=! J ~ " " - :r I,.' '"of "..il ":c .'?l , r. . . . Dennis J. Bonelli, Esquire Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Allorney !.D. # 34329 DONALD M. SHELLENBERGER: IN THE COURT OF COMMON PLEAS and CUMBERLAND COUNTY, PENNSYL VANIA LOIS ANN SHELLENBERGER, Plai.ntiffs Civil Action - Law v, No.: 95-4164 ',I ERNEST WRIGHT, Defendant DEFENDANT. ERNEST WRIGHT'S MOTION TO COMPEL RESPONSE TO REOUEST FOR PRODUCTION OF DOCUMENT AND MOTION TO ALLOW DEJo'ENDANT LEAVE TO RECONVENE DJPOSITION OF PLAINTIFF DONALD M, SHELLENBERGER. AND COMPELLING PLAINTIFF TO ANSWER DURING DEPOSITION AND NOW, comes Defendant, Ernest Wright ("Mr. Wright"), by his allorneys, Peters & Wasilefski. and moves this Court for an Order to compel Donald M, Shellenberger and Lois Ann Shellenberger ("Plaintiffs") to provide a response to its request for the production of a document pursuant to Pennsylvania Rule of Civil Procedure 4019(a), based upon the following: 1. On or about August 3, 1995, Plaintiffs tiled a Complaint against Mr, Wright concerning an automobile accident that occurred between Mr, Wright and Dr. . . S. Dr, Shellenberger was paid benelits by Chubb in the undisputed amount of $S2.749,93 until Chubb ceased paying benelits to Dr. Shellenberger on December 8, 1994, (See, Chubb's Memorandum of Law in Support of Defendants' Motion for Partial Summary Judgment, pg, 7, for ease of reference allached hereto as Exhibit "A" and Dr, Shellenberger's Complaint filed against Chubb, pg. S, paragraph 22, allached hereto as Exhibit "B"). The lawsuitliled by Dr. Shellenberger against Chubb addressed Chubb's failure to pay disability benetits to Dr. Shellenberger after December 8, 1994, 6, Dr. Shellenberger and Chubb subsequently entered into a settlement agreement, resolving the lawsuit. 7, Dr. Shellenberger was reimbursed for the premiums on the Chubb disability policies by the Smoketown Veterinary Hospital where Dr, Shellenberger was a veterinarian and part owner at the time of the accident. (~hellellberger Deposition, pg. 29, Ins. 1-2). The following exchange occurred between Dr, Shellenberger and this counsel concerning the Chubb policies: Q, With regard to the personal policies, is there any fornlal or informal arrangement among the [Smoke town Veterinary Hospital] partners to be reimbursed for the amount of prl:mium for the disability policies with Chubb? A. You are asking me whether the policies are reimbursed? Q, Through Smoketown either formally or informally? A. The policies are paid for individually by me. But there's an allowance that we take to pay the policies in addition to our income. Q, So, there is an arrangement among - there was prior to this acc ident - A, Yes. 3 ..... A . Shellenberger's working hours, September 9, 1994 Letter from Mr, MacDormand to Cargan Claim Services (Exhibit 14) , Dr. Shellenberger returned to work at the animal hospital on a full time basis on June 6, 1994 and told a Cargan representative that since returning to work he was "only working with small animals." August 12, 1994 Cargan Report (part of Exhibit 13) at 1 8. Despite well-founded concerns about the extent, pre-claim, of Dr, Shellenberger's large animal practice, Chubb nevertheless wrote to Dr, Shellenb~rger on November 10, 1994 to inform him that Chubb, based on its investigation, approved his claim for disability benefits.2 November 10. 1994 Letter from MacDormand to Dr, Shellenberger (Exhibit 15). Throughout this entire investigation. Chubb paid Dr. Shellenberger full benefits under the policies.3 ~ Exhibit 9. 15 and payment letters collectively attached as Exhibit 16. All told, Dr.. Shellenberger received $52,749,93 in benefit payments from Chubb, Exhibit 8 at .. , 5. 2 Chubb, in an abundance of concern for the apparent expectations of the insured, determined Dr. Shellenberger's occupation for all three policies to be "large animal veterinarian" desDite the fact that Chubb did nqt write policies for an occupational classification of "large animal veterinarian" in the years 1988-1989 dUling which two of the three policies at issue were purchased. Exhibit 8 at 1 4, 3 Chubb did mistakenly cease paying benefits on policy no. 430028 in July of 1994 after Dr, Shellenberger returned t~ work, ~ July 13, 1994 Letter included as part of Exhibit 16, Within five days, however. Chubb corrected this mistake. ~ July 18. 1994 letter included as part of Exhibit 16, The Shellenberger. readily acknowledge that. despite this short delay, they were paid in full. and Dr, Shellenberger's counsel has stated for the record that this error is not part of the basis for Dr, Shellenberger'. complaint, January 4, 1996 Deposition of Ann Shellenberger (Exhibit 17) at 42-44, -7- , " Illlllllltl " " 0711n\1W ..,,/,O&]O . including but not limited to muscular fasciculation upon heavy physical exertion. 19. For these and other reasons, Plaintiff's treating physicians have ordored him to cease the major activities required of a bovine veterinarian and to avoid all medium to heavy lifting. 20. For all those reasons, Dr. Shellenberger is no longer able to perform the main and necessary duties of a large animal, bovine veterinarian on a reqular basis and he would imperil his health in an unacceptable way even to perform those functions even on an occasional basis. 21. For all of these reasons, PlaintiH has requested payment on all three disabilities policies. 22. Despite having accepted Plaintitt's premiums tor a total period ot over 25 years, ignoring the reasonable expectations of the insured, Chubb Defendant terminated all disability benetits as ot Decemner 8, 1994 ai'ld has retused to honor these policiss therllafter. .. 23 . As a consequence 0 t Chubb De t end ant ' s wrongful termination ot Plaintit!'s disability status, Plaintit! has been required to pay premiums in order to keep his insurance policies, which premiums should have been waived due to Pl.ainti!f's disabili ty. 5 JIIllII\~~ I ~ .- " " ExhllDltC I " 1 O. 2 3 4 A, 5 0, 6 7 A. 8 O. 9 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 Exam./Bonetti - 0, Shellenberger . "I And as I understand it, in addition to the work loss benefit as part of your State Farm policy, you had purchased disability policies? Yes, And those were the subject of the Chubb litigation? Yes, that'S correct, Do you recall the amount that you received from Chubb? MR. CLINTON: I'd like to note an objection on the record. It's my understanding that as part of the resolution for Chubb, he signed some kind of confidentiality agreement. And I'm not sure what tha~ agreement says or what effect questions on this would have on that agreement. In addition, it's our position that what he did receive from Chubb would not be relevant in terms of this case either, MR. BONETTI: I'll just respond to that two ways. First, I beli'l!ve that there was an amount that was paid that was not subject of litigation. In other words, they paid him certain benefits that was not then the subject of litigation, that they recognized the disability and paid certain benefits. fila,... " "'d lit' h '~[f'f)/HI\I, .,f: t~H(E II'/r"<htt''l.':"~lft-''fdl 'ft"" .,:'".~..n-,~". I" '.~INt.2J1."I1:" Exam,!Bonetti - D, Shellenberger - 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 - 16 17 18 1~ 20 21 22 23 24 2S MR. CLINTON: I believe you are right. MR. BONETTI: And that the litigation was - over whether or not he was entitled to subsequent benefits, MR, CLINTON: I think you are right. MR. BONETTI: And actually my first question. was what was the amount that was received that's not in dispute, okay, and then I'll otherwise respond to your objection. With regard to the amount or amounts received that's not in dispute and whatever was received in settlement, it's our position that pursuant to section 1722 of the Motor Vehicle Financial Responsibility L~w we will be able to take credit for that in this litigation, I know that that's going to be a matter of law that we are going to have to fight over. And for our purposes today, if you don't want to get into that, I just assume have a continuing objection. I'm not goi~g to ask a hundred questions that you are going to instruct him not to answer, And we can try to work out the legal issue and then. if necessary, the factual iSSUlflS. Is that satisfac".ory? MR. CLINTON: I have no problem with that ,nUL,.,... ',',flit" h IUf'n/Hf\(, ...1 IH fn 1I,"r'~llllr'l .,- ; !fo.",.! I )"'~ ",.,..,lj-Io.II; 1" , -'WO-2JI.<II!;" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .. 16 17 18 19 20 21 22 23 H 25 Elxam. /Bonetti - O. Shellenberger . 100 except for the fact that he did sign the confidentiality agreement. I wasn't the attorney in that case, And I would instruct him to not answer any questions that he shouldn't be answering because of that confidentiality agreement, And I'll have a continuing objection to the other questions that aren't relevant to the confidentiality agreement, MR, BONETTI: How do you want me to do this? Do you want me to keep asking him or do you want to defer this line of questioning and see if we can't work it out? MR. CLINTON: On what, whac's the line of questioning? MR, BONETTI: There's going to be two lines. And actually there's going to be. another line, Let me get to the one I think you can answer. BY MR, BONETTI: Q, We've talked about a sick pay policy, we've talked about State Farm and we've talked about the fact that you had some personal policies with Chubb. My question to you is, did you have any other disability policies or any other sources of disability income other than those sources? A. No, FlUI'" u "'i'! lIl' h Ill- /,ORn\t; ...f1H /0, l/oIr~h!lIln: T'.~l"-l/tt,:l \ork .,....~.';.II~I.'/ 1'1 ,.~Ilt)_!J1_'~L'" . 1 Q, 2 3 A. 4 5 6 7 8 9 Q. 10 11 12 A, 13 Q. 14 15 A, - 16 Q. 17 A. 18 Q. 19 20 21 22 A. 23 24 Q. 25 A. Exam ,/Bonett i - 0, Shellenberger 101 Did the practice have any disability policies Eor you? - I think there's a practice policy. It never came into effect because it's designed if you are totally disabled it would buy you out or the corporation could then pay you to buy you out. In other words, if I left the practice that would have been invoked. So, that would be something separate, It's a policy with regard to being able to compensate you for your ownership interest? Exactly, Is there like a group policy that you provide to yourselves and your other employees? No. None? None. With regard to the personal policies, is there any formal or informal arrangement among the partners to be reimbursed for the amount of premium for the disability policies with Chubb? You are asking me whether the policies are reimbursed? Through Smoketown either :ormally or informally? The policies are paid for individually by me. But fH.llh:, Hdllt'\.../HI'(I/l{'\l. "nHh."f ",rm""/r\~ -'~,~1rI-II,,':1 \,"~ ./..qi ,'./- PI r,"I"'~!.I1.tjl!;' 1 2 3 Q. 4 5 A, 6 Q. 7 8 9 10 A. 11 12 Q, 13 14 15 A. .- 16 17 18 Q. 19 20 A. 21 Q. 22 23 A. 24 Q. 25 Exam./Bonetti - D. Shellenberger - 102 there's an allowance that we take to pay the policies in addition to our income. - So, there is an arrangement among - - there '....as prior to this accident-- Yes. --an arrangeme~t through Smoketown Veterinary Clinic that the premiums that the individual veterinarians would pay for disability income would be reimbursed through an allowance? It's a supplemental income that was in addition to your salary. Was there a fixed dollar amount per person or was it up to an individual discretion, how did that work? There was no fixed dollar amount, It's kind of up to individual discretion with consideration of what everybody else did. Not necessarily dollar for dollar, but everybody tried to do something relatively close? Exactly. And that system was in effect as of the time of your accident? Yes. Now, as of the time of the accident, y~ur monthly benefit was what through the Chubb pol~cies? rnUh " \td th .\'i NrpO/Ut\'C ...I.'R~'O 1I,.ffr~I',w' "'",:II'I-OII.!I ~'<lrk 4/;'"_.ji_!..H. /'\ '_~''''..!I1,'ll!4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .. 16 17 18 19 20 21 22 23 24 25 Exam,/Bonetti - O. Shellenberger - 103 A, I had three policies collectively. They were $5,000 per month. Q, 00 you know the amount that you received that was not in dispute? A. No, I do not, Q, We know that there was a period of time where payments were made under those three policies to you? A. That's correct, And there's also a waiting period until they become effective and that's the thing that was variable. Q. Per policy? A. Per policy. Q, Now, as I understand it, there was litigation involving,those three policies? A, That's correct, Q, And I think through what your counsel's objection was there has been an amicable resolution of that li.tigation? A, That's correct, Q, And there is a release and/or settlement agreement in existence with regard to that litigation? A. I guess you could sayan agreement, yeah, Q. Written? Did you have to sign something? A. Yes, I did. f IUU.. :. \kUl(, \,..; fH f'ON fI.\'; ..fH~ fef. I/.t",~/Jllr'l.'..:'tt./If~JI ~,Ir" .';".~.li-"'fI~ /'1/ ,'/fI.Hl..t11:" 1 Q. 2 3 A, 4 Q. 5 A. 6 7 8 9 Q. 10 11 A. 12 Q. 13 A, 14 Q. 15 A. . 16 Q, 17 18 19 20 21 22 23 24 25 Exam. /Bonetti - 0, Shellenberger 104 . And as I understand it, there is a confidentiality provision-- That's-true. --involved in that? Yes. I might just add that the other thing that's relevant to this discussion is the fact that I've applied for disability now and 'I'm flatly rejected on the basis of my spinal injuries, You are going to have to explain that one again. You have applied for wha~ kind of disability? Disability policy for a small animal practitioner. Was the policies with Chubb discontinued? I don't know, Or is that something that's part of the agreement? I'm not sure how much I can say on that but-- Okay. Well, let's go off the record. (Discussion held off the record) MR, BONETTI: We've had an off the record discussion with regard to whether Dr, Shellenberger received additional compensation as a result of the Chubb litigation and what the terms and circumstance~ of that were. And counsel would instruct Dr, Shellenberger not to answer any of those questions because of apparently the nature of the agreement from the Chubb litigation, FfI Ill'; t.f ,~kLUCh ru.'polrn'u; .,lRncr. /IoU?hItUI'1{ .1.-,1.Iti.llftll )M. ;"/;".""i-tHl." /)\ ',,"fH'~!JJ..III!':" Exam./Bonetti - D. Shellenberger . 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 - 16 . , 17 18 19 20 21 22 23 24 25 So, we've agreed to not ask any more questions on that line and we are going to try to resolve that through motion to compel and see if we can get this information through documents if they can be disclosed, And I'm not going to ask any further questions now since they won't be answered today anyway, Is that fair? MR. CLINTON: My understanding is that Dr. Shellenberger has signed a confidentiality agreement between himself and Chubb Insurance Company that ended the litigation against Chubb. What information he would be able to answer or not be able to answer, I don't know. I just know that there is the confidentiality agreement. And that if counsel wishes to ask him questions or obtain information with regard to that litigation, the court is going to have to order him to -- I don't know if violate is a correct term -. but ignore confidentiality agreement. While we are on the same topic, I do know that there is much information that has been shar~d by the two attorneys fr.om the Chubb litigation with both myself and Mr. Bonetci because I'm looking at a file here. Apparently nlll'" (~ Ud.llt"h un'O/U1\f; .;flB/l'f"_ 1I.1n'10/''''1I '1.4,: 11l."~11 \ "'~ 4, " - ~I'I.,.., /. "\ I, "m.! 11-'111:" I" IIltlllllll ... c -. , PETERS ,a,: INAS1LEFSKI ATTOllNIYI.NC'CCUNlI~O~I AT LAw 2131 NO~T" '~CNT ST~IIT HItMIllUlIG, "'NNlY~V"NI" 1711 0 WIWAM J, 1'IT1~' CNA...... I, W..llU'UI C_' J. ION'TT1 JOlt'" C. "'wn 10110<"11. ~, ION'''OCK _I., LANG .~'.."~'CANOC.. .,...,'N ,. MOO~' ICOTT ... AI"CN.U'~ CIIIOT J, MU_Y T1U"'ON' "171 n"7111 'AX "'" U.."IO Febnwy 18, 1997 Philip Newcomer, Esquire Reese, Smith, Shaw and McClay 2500 One Liberty Place Philadelphia. PA 19103 Vivian B, Narehood, Esquire Gibbel, KraybUI &: Hess 41 East Orange Street t.2nL'lSter, PA 17602 Rc: Shellenberger v, Wriaht Our File No.: 27.26 Dear Anomey Newcomer and Attomey Narehood: I , As you may be aware, I represent Mr, Wright in a lawsuit instituted by Dr, Shellenberger IS a result of the automobile accident of September 19, 1993. Durin, his dep'Jsition, Attorney Clinton refused to allow Dr. Shellenberger to answer questions with re,w to the terms of the settlement of !,be Chubb liti,ation stating that the terms wm confidential, lbe specifics of the terms of the settlement of the Chubb litigation, includina the amount received and the tenns and conditions of the settlement. are relevant to the litigation in which I am involved in several aspects. Fim, pursuant to 11722 of the Motor Vehicle Financial Responsibility Law. my client is entitled to take credit for any disability payments .paid or payable.. I believe that this includes not only the undisputed payments made by Chubb. but also the amounts paid in settlement of the Chubb litigation. Second, Dr. Shellenberger is alleging cenain lost eamings and/or loss of ean:liJII capacity. Representations contained in the settlement aareement may be relevant in defelldina this panicular aspect of Dr. Shellenbcr,er's claim, Accordin,ly, I request that your respective clients consider this matter and stipulate to the disclosure of the settlement aarament to me and my client! in this case. Certainly, my clients would be willinlto sian a lunher confidentiality aareement to ensure that the amOUDe and . . ..' . February 18, 1997 Pile ~ terms of the senlement alreemenl are nOI disclosed except u necessary for the pendina litilation in Cumberland County, I SUllest the foreloing in lieu of I motion to compel which I would have to file in the present litigation in an Ittempt to obtain lbe seUlement agreement, Thank you for your anticipated cooperation in this matter, I look forward to hearin& from you. AraYf)k;p Dellllis f.' ':l1Clli DJBlm, cc: Micbael Clinton. Esquire be: Laura Shoop 5837804260009199301 Mn, Patricia Nelson James Nealon, Esquire . . . , J i ~ .~ .. " , ., Exhibit , ...... G o. . .'.' l~ , \J,I ~ . 'I I' ',I ... PETERS & ,W.,\SI.LEFSKI ATTO~NIYS A"P COUNSIlI.OMS AT LAw 293 1 NO~1'I< F~ONT S,"UT MA~~ISlU~G. I'INNIVLVANIA 17110 WILLIAM J. "'TI~I CMA~LII I, WASlLI'''' GINNII J. IONITTI JOII'" C. ~'LLI'" MIC"'AII. A. IIONSMOCK 1"HOM"1 .. L.ANO 'AMII.A I. 'UAICANOOLA ITI"'IN " MOO~I ,COTT A. I'1.IJICMAUI~ C1NOV J. MUJIIlltHy JAM" A, GA~VI~ TILI"'ON117171 U1-71" 'AX 17171l.l-nIO March 4, 1997 Vivian B, Narehood, Esquire Gibbel, Kraybill & Hess 41 East Orange Street Lancaster, PA 17602 ~ Re: Shellenberger v. Wright Our File No,; 27-26 Dear Ms, Narehood: Thank you for your letter of February 24, 1997. Although I suspect that this will not change your mind, I do wish to point out that your representation that the policies issued to Mr, ShellenbeL'ger were ., private insurance policies that an individual may purchase on his own. paying for the premiums entirely out of his own pocket, and without any arrangement as to any group, company or program" is inaccurate with regard to Dr. Shellenberger. Dr. Shellenberger admitted in his deposition that hi3 employer, Smoketown Veterinary Hospital, reimbursed him for the premiums paid for disability insurance. Apparently, there was an allowance given to each shareholder for the purchase of disability insurance, It is clear 10 me that the Chubb policies were, in fact. "employment related disability policies" which you concede forms pan of the credit pursuant to 75 Pa,C.S.A, 1722, . As such, I suggest that you and Attorney Clinton reconsider this matter before requiring me to file a Motion to Compel in my litigation. However, if you and Attorney Clinton persist in refusing to voluntarily comply with this discovery request, I will tile a Motion to Compel. Very truly yours. . ..'..~. .,;~, :.~';'~;wL.,.~.(.,.~I.,--; Dennis 1. Bonetti DJB/mg cc: Michael Clinton. Esquire Philip Newcomer, Esquire be: Laura Sl100p (w/enclosure) S837EU>4260009199301 . .... I . . . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing, DEFENDANT, ERNEST WRIGHT'S MOTION TO COMPEL RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENT AND PROPOSED ORDER, has been duly served upon thl: following parties of record by depositing the same in the United State~ mail, first-class postage prepaid, in Harrishurg, Pennsylvania on this l~j... ' ," t. '/ day o( tl Vi) iJ! fO-, 1997, and to the addresses listed below: Vivian B, Narehood, Esquire 41 East Orange Street Lancaster, PA 17602 Michael Clinton, Esquire 1705 Two Penn Center Plaza Philadelphia, PA 19102 Philip Newcomer, Esquire 2400 One Liberty Place Philadelphia, PA 19103 /) raci D, Morrow KESSLER AND COHEN A PlIOnlalONAL COR'ORA TION IVt ...heeI W. cant." IDINTIfICA TION NO. 312" 170t TWO HNN ClNTlR 'LAZA PHlLAOILPHIA. HNNIYLVANIA ,.,02 1211' 111._ A nORNIY FOR PLAINTIFFS DONALD M, SHELLENBERGER and LOIS ANN SHELLENBERGER 262 BfOOk Farm Road Lancaaler, P A 1760 1 : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Y. : NO. V'/' J /11&-/1- (tkC ,.JL.Jt../r-- ERNEST WRIGHT 4075 Carlille Road Gudnen, PA 17524 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NonCE v,. Mwe ...... IWII.. """. If Y'" .1" t. ."net ....n.. thl o"'mt ill forth In thl folfowl". p.g.., yau mult 'Ike ....... wIINIt twMIJ 120. ..,. ..." ... ..mplllnl .... noel.. ... "Md. by Inttrlng . wrlU.n 'PP"'lnn ,.,.onIMy 0' II, .nom.. 1M .... III ............ .. ..... yeur .r."... Of .....don. to the ,I".. .., lorth '8""" you. Yu" ,,. wlm.d tho' If Y'" '" to do I' 1M ... -, ........ ....ut ,... ~ . .......... 1M" ... tnt'''d lo"nl' you by lh, lIoun without 'unh" hodoe 'or ony mont, ......... 1ft .... ..........., fet en, tthM dill"'......' ............ _II thl pI"'ndlf. YOl,t lnay 10" mon.y or prop.," .r olh" right' I,.,....... ,MI. YOU lHOUlD TAQ THII 'AHR TO YOUR LAWYER AT ONCI. " YOU 00 NOT HAVI A LAWYIR OR CANNOT AFFORD ONI. 00 TO OR TlUIIHONl TItI O"ICI In 'ORTH IILOW TO FIND OUT WHIR! YOU CAN an UDAL HIL'. Name: Address: City: lawyar Reterrel Servlca Court Administrator One Court Housa Squire Cernsla, PA 17013 Telaphone No, 17171 240-1200 CIVIL ACTION 1. On September 19, 1993, and for some time prior thereto, Defendant Ernest Wright possessed, controlled, owned, and operated one of the automobiles involved in the accident hereinafter described. 2. On that date, Defendant Ernest Wright was operating an automobile on the oxit ramp of State Route 15 North in Cumberland County, Pennsylvania ....hen at its intersection with Pennsylvania Route 114 his automobile was so negligently and carelessly controlled and operated as to be caused to strike in the rear the automobile being operated by Plaintiff, Donald M. Shellenberger, which was then sitting stopped at a stop sign on the exit ramp of State Route 15 North. 3. Defendant Ernest Wright's negligence and carelessness consisted of but was not limited to: a. failing to keep a proper lookout; b. failing to yield the right of way; c. failing to keep his car under proper control; d. travelling at an unsafe speed; e. striking the rear of the Shellenberger vehicle; f. following too close to the Shellenberger vehicle; and g. other violations of the Pennsylvania Motor Vehicle Code. 4. As a result of the accident hereinbefore described, Plaintiff Donald M, Shellenberger sustained multiple personal injurie., including injuries to his h$ad, neck, back, spinal cord, ~.~ ,.~) ,~.~ x. (~'. ~,~~,) r-u ~ \." ~ ^'- , -.. - oc:- <.' .... \..., \...-., <>q '-- " ~~ ~ ~. ~~ (" . <S3 '_.'" ..... <..:I, UJ (,' CJ , .1;' -n ::iI: ..t-... U \ ...J:::..... ~ ("0,. ~ ;- ';:} - rJJ ..." ~ Fl.rO DFrlCE 0': T ;' ',":,THr,\I)TMY 'f7SfP I 0 PH ~I 3 I CUM..},;j,.: COUNTY Pl)li~S\1.V!.~\:rA , , ',d PETERS ell WASIL.EFSKI ArrOlltfrCve "ND CouNecI.()fq AT I..AW ..., Nofn'H "'IllONT *,""EaT H.."" 111 1IIlt<P. "'N'NeYLVA",oII '711.0 7'C,_ 47.7) U.'7... , ~. ..... , -"_......~.,...- - -'.-.. ........;.., ., '~., DONALD M, snELLENBERGER and LOIS ANN SnELLENBERGER, Plaintiffs IN HIE COURT OF COMMON PLEAS OF ClJMBERLAND COUNTY, PENNSYLV ANIA v, NO.: 95-4164 Civil ERNEST WRIGHT, CIVIL ACTION - LAW Defendanls PRM:CIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enler my appearance on behalf of Defendanl Ernesl Wrighl in Ihe above-caplioned action. . I Date: f~) J/(/fS--- ()l. ' PETE & W ASI~EFSKI ,J //, .. ,//// III yl' Ii' , Denl)is J. Bone Ii. Esquire 1.0. No,; 34329 2931 North Fronl Street Harrisburg, PA 17111 (717) 238-7555 ^uc IG I 50 rK '95 , , " . ) ~.., , ' 01 Flr,~ , .nt~H';rA~'f JVHll r,(Cll1V P.": n. 'iMI'l, PETERS 8r WASILEFSKI " ATTOfIt......... ANO COUNHL.OfII. AT LAW a.:I' N()IIII:TI>4 "''''ONT 8T"'I:K1" H..lltlltl..JMGI. """NeY,"vANIA 171'0 T..........ONI: (7") 23.-7"811 t ' , ')..... , :........~_.:-~ -,....-... ... ....:- ,~:. --,;. DONALD M, SHELLENBERGER and LOIS ANN SHELLENBERGER. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO.: 95-4164 Civil ERNEST WRIGHT, Defendants CIVIL ACTION - LAW STIPULATION IT IS HEREBY STIPULATED by and between counsel that the phrase",. ,bUI was not limited to" found in the introductory portion of paragraph 3 and subparagraph 3 (g) of the Complaint are hereby stricken from the Complaint. Date: ;}! 23 frl'; PETERS & W ASILEFSKI {JLJ@J 'flenniiJ. Bonelli, Esquire KESSLER and COHEN Dale: 6 "'I;~.~ . hI~h,~ Michael W, Ciinton, Esquire CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Stipulation has been served upon the individuals listed below by United States First-Class Mail. Postage ,),).; Pre-paid this A day of " II v I, 1995. I Michael W. Clinton, Esquire Kessler and Cohen 1705 Two Penn Center Plaza Philadelphia, PA 19102 . /, ~ '\ ,\1(~ l ;'1 (( '-:), .~";) . , Marcia E, Gates, Secretary ^uc 30 3 29 PH '95 1~' F t I~ E '.f ';;((jh'HAr,y .1 'I ...,1) (:~':q~ i .h" '.' U1't. PETERS III WASILEFSKI ATTOfIIN&'Ye AND COUN"l,.~..AT t..,AW ..31 N~TH "'IItONT .T....&T HA"'~, pta,.,...,.nv......I... 17110 TKI..~ 1717) a3e'7.Be 1 , . -.w;a..;'~ ':-~_..... ....,;., .----:-'.;. S. Denied, After reasonable investigation, Ernest Wright is without knowledge or information sufficient to form a belief as the truth of the averments contained in Paragraph 5 and the same is therefore dellied, By way of further answer, the allegations contained in Paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Ernest Wright, demands judgment in his favor and against Plaintiffs without costs. ANSWER WITH NEW MATTER 6. Plaintiff's claims arc barred by the applicable Statute of Limitations. 7, Any damages Plaintiff may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 8. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been caused either in whole or in part by the acts or omissions of third parties other than Defendant. 9. Plaintiff's injuries and damages. if any, which are specifically denied, may have been pre-existing, either in whole or in part. 10. Plaintiff's claims are reduced or barred by the Comparative Negligence Act. Plaintiff's contributory negligence consisted of: (a) Failing to keep an adequate lookout for traffic approaching from the rear. (b) Failing to take appropriate evasive maneuvers to avoid the collision. 2 WHEREFORE, Ernest Wright demands judgment in his favor and agailllit Plaintiffs without ~osts, Date: ~) htl h'j PETE~S & W ASILEFSKI /, . / I ' , .' I " Qii". \ I.-i", 'D~nnis J, B~netli, Esquire 1.0, No,: 34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Allorney for Defendant 'I .,' I , , , " , ' ',I, '" !' "I, . i III !' " Auc 30 3 29 rK '55 , ..'. ,', ')f ~ I(~ f OF TiI, :110tl8l^~Y CUM,.EI.~,~ld)'C/11 '.TV HII11~1(1-"..,1,IA ,il Ii- ' -<0' I!d -Ii , ,. " , , ,I " " " , , I 1,,1 I, " ,I , ----- _~';"~C-~_';''''''_~_",,,,,, " " V..!.:r:C!A'I'IOII MICHAIL W. CLINTON 1 ESQUIRE, hereby .tate. that he ie the attorney for the Plaintiff. in the within action, that he i. autho- rized to pre.ent this Verification and verifie. that the statement. .ade in the foregoing Plaintiff.' Reply to Defendant'. New Matter are true and correct to the be.t of hi. knowledge, information and belief, and that he understand. that the statementa therein are .ade .ubject to the penalties of 18 Pa. C.S. Section 4904 relating to un.worn fal.ification to authoritie.. f.I.~ S ~ A.ct..._ MICHAEL W. CLINTON, ESQUIRE DATI ....LIa AND co... A Profe..ional Corporation By: Michael W. Clinton, Esquire Identification No. 39268 Suite 1705 Two Penn Center Plaza Philadelphia, PA 19102 (215) 567-3500 ATTORNEY FOR PLAINTIFFS , ,. DONALD M. SHELLENBERGER and LOIS ANN SHELLENBERGER v. . . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 95-4164 . . ERnST WRIGHT CERTI'ICATION O' SERVICE KESSLER AND COHEN, P.C. I do hereby certify that service of a true and correct copy of Plaintiff.' Reply to Defendant's New Matter was made on Friday, september 8, 1995 to Denni. Bonetti, ..quire, 'IT... , WASIL...II 1131 .orth .ront street, .arrhburq"" 17110, by U.S. MaU, po.tage pre-paid. Oate: f...S"ts . ~A~~~. By: MICHAEL W. CLINTON, ESQUIRE Attorney for Plaintiff. H I I'; I'. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -.-... 5EP II J 53 \'I~ 195 " Donald M. Shelle~berger and Loie Ann Shellenberger , I i- F n;r ")H'.;[ MtY , I,: " I: '~,'~ TY "lit ,.,'. ',',I. v. Ernest Wright NO. 4164 " I MICHAEL W. CLINTON, ESQ. l~'" O"'''IC[ ~ KESSL.ER AND COHI!:N ... I"ROl'"l.'S'SIO"",,1. <:ORf'QRMION SUIT!! 17,05 TWO PENN C:&:NTEH PLAZ... PMll,."DFI.P~II"< PENNSYlVANIA 1910Z '~I" 'UI' J".oo At ty A. D. 39268 , ".-".;'-""'- -.,.. ,..- ....~ Dennis J. Bonelli, Esquire Peters & Wasilefski 2931 North Front Street Harrisburl1, P A 17110 Attorney 1.0. 1134329 DONALD M. SHELLENBERGER: IN THE COURT OF COMMON PLEAS and CUMBERLAND COUNTY, PENNSYLVANIA LOIS ANN SHELLENBERGER, Plaintiffs Civil Action - Law v, No,: 95-4164 ERNEST WRIGHT, Defendant PRAECIPE FOR ARGUMENT PURSUANT TO LOCAL RULE :Z1~:Z TO THE CLERK: Please list the following cause for argument: Ernest Wright's Motion to Compel Response to Request for Producticn of Document and Motion to Allow Defendant Leave to Reconvene Deposition of Plaintiff, Donald M. Shellenberger and Compelling Plaintiff to Answer During Deposition those questions relating to the Document. Date e . J. onetti, Esquire At rney 1.0. 1134329 2 31 North Front Street Harrisburg, PA 17110 (717) 238- 7S55 Attorney for Defendant Ernest Wright - PETEAS III WASIl-EFSKI ATTOflIIlaVe AND ~...0Ilte AT L.AW ..$1 NOIITM "IIlIONT 8T11tUT H..~, ....N....V...VANlA 17110 To_I?,?) :13.'?" f:~m W.ICr: . c::= 1 .~ f . "r~~,:~:,)rNlY Cj7 $FP I G P;'i :1: 34 eu"".",..,.,,,: lOiNY "l"'\''''1 \I' "I' I I'll _H ,H'I'fM , , 'i' ,I. " , , .- . ';;,:oo--.=-....- .. ~,.__., ..... ,0::" , a.. eLl. UtI COHIll A Professional Corporation By; MICHAEL W. CLINTON, ESQUIRE Identification No. 39268 Suite 170!!l Two pann Center Plaza Philadelphia, PA 19102 (215) 567-3500 ATTORNEY FOR PLAINTIFFS DONALD M. SHELLENBERGlER and LOIS ANN SHELLENBERGER COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION - LAW NO. 95-4164 ERNEST WRIGHT oaDla '1'0 8ITTLB. DIeCOllTllfU1 AND 111m TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED and ENDED upon payment of your costs only. KESSLER AND COHEN " ,)1' . / I.' ' / ('.1 ~...' ^. {".. -(../""'-. BY;" - MICHAEL W. CLINTON, !SQUIRt: Attorney for Plaintiff. OAT! CERTIFICATE OF SERVIC~ I HEREBY CERTIFY that a true and correct copy of the foregoing Order 10 Settle, Discontinue and End has been duly served upon all coullllel of record and parties of interest by depositing the same in the United States mail, lirst class, postage prepaid, in Harrisburg, Pennsylvania, on this l day of. C2LW:""C , 1997. addressed as follows: Michael W. Clinton, Esquire . Two Penn Center Plala, Suite 1705 Philadelphia, PA 19102 C;;~"U~..i f. #~,'t1-t.. Evonne K. Hoover Y' .' 01. PIETIERS III W ASILEFSKI "'?1'QlIIttC.,. AND e~I.ClfII'e AT "AW ..SI NollITH ~~ .T~ H'AI'l- I' ,.., ,..,.....,W...N... 17110 T.._ 17.7' ue.7... f!l r I) 'C:'I 'iCr:, OF "l : :" . ,'," ',..,;.jT..'J'iY " , ., I.', I'l ~ 'I r, "II :':!i9 g7 I~ I .. .). I: , , , ;',.'1/ " !~ i'(V ','",'1\11 , , '; -\ '"t , .-,1 C,, I. ., " "'il Lf , " , " i,;":' " " ," /1" , . , ~, , ". , - :....~~ ~ ..---." 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