The URL can be used to link to this page

Home My WebLink About95-05457 ) ~ ~ , I/} ~ 7" €- ", 7 - .j c6 7 I j 3 ~ J t- It) "::l- lr) , NANCY WHITE VENCIL and MICHAEL SCOTT VENCIL, Plaintiffs v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants ( ( ( ( ( ( ( ( ( ( ( ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-5457 CIVIL ACTION. LAW JURY TRIAL DEMANDED MOTION FOR DENIAL OF SANCTIONS PURSUANT TO PA. R.C.P. 4019 I. Plaintiffs, Nancy White Vencil and Michael Scott Vencil, pro se parties, move this Honorable Court to dismiss the Defendant's Motion for Sanctions relative to the following, 2. PlaintifF.; are currently without counsel after dismissing attomcy Turo on October I, 1998 for lack of due diligence and gross mishandling of their case, 3, As a result of attorney Turo actions and inactions, Plaintiffs were never afforded opportunity, by law, to answer Defendant's Motion to Compel, and further Defendant's Motion for Sanctions, 4. Plaintiffs were noticed with an unsigned copy of Defendant's Motion to Compel. The attached certificate of service page is also blank (see attached Ex, I). 5. Plaintiffs asked counsel Turo to verifY with the Court if the Motion was filed; and, ifit was filed, PlaintifF.; instructed attomey Turo to work with clients in filing a timely response. (see attached Ex, 2) 1 .. 6. Counsel Turo never rcplied to this requcst, Plaintiffs have no knowledge if motion was ever filed, Plaintiffs were of the belief that the unsigned motion was a draft submitted by opposing counsel to force Plaintiffs to divulge wholly irrelevant information, and harass them into backing down from their meritorious litigation. Attorney Turo did not file an answer to this Motion. 7. Attorney Turo attended oral argument on July 2, 1998 relativc to the Motion to Compel without noticing Plaintiffs of the oral argument. Attorney Turo is ill informed as to the facts of this case, and attended the oral argument without proper preparation with Plaintiffs (see attached Ex, 3), As a result, this Honorable Court issued an Order dated July 2, 1998, stating that Plaintiffs were to respond to the supplemental interrogatories relative to Defendant's Motion to Compel. Plaintiffs still have no knowledge as to whether the motion was ever signed, or properly served to the parties, since they have never received notice of such, 8, Plaintiffs were untimely served with Court's Order of July 2, 1998. 9, Upon receipt of this Order, Plaintiffs promptly asked attorney Turo to file a Motion for Reconsideration on the basis of the facts cited above, Attomey Turo refused to do so; but, promised that he would bring up this matter with thc Court at a future oral argument date, 10, Defendants filed a Motion for Sanctions in August, 1998. Attached to this Motion is a copy of the unsigned, undated Motion to Compel, and the corresponding blank certificate of service page, (see attachcd Ex.4) II, Plaintiffs asked attorney Turo to answer the Motion for Sanctions by addressing the issues cited above. Moreover, Plaintiffs asked counsel to attach, as cxhibits to the answer, correspondence from trust counsel and accountant for the Plaintiffs, along with actual excerpts from Plaintiff's testimony, that dispelled misstatcments and/or erroneous allegations in Defendant's Motion 2 ..-c-... . to Compel and Motion for Sanctions, (see attached Ex, 3) 12. Attomey Turo filed an answer to Defendant's Motion for Sanctions without affording Plaintiffs opportunity to respond, present exhibits to support their claims, and/or provide answers to pertinent portions of the supplemental interrogatories. (see attached Ex,S) 13. Plaintiffs requested that attomey Turo disclose the above cited facts to the Court on October I, 1998, Futher on this date, attomcy Turo was to request that the Court afford the Plaintiffs an opportunity to answer the original Motion to Compel and the Motion for Sanctions, as a resuIt of his negligent representation, Attorney Turo did not do so, even though he promised the Plaintiffs that he would. 14, Counsel Turo was dismissed by Plaintiffs, IS. Plaintiffs have no problem in verifYing Plaintiffs income (see attached Ex.6), Plaintiffs provided this information to attorney Turo, and asked attomey Turo to include this document in the answer to Motion for Sanctions. Attorney Turo did not. 16. Plaintiffs have no problem answering questions relative to the Plaintiffs logs, but Defendant's counsel did not state which log his supplementary interrogatories refers to; ie. there is a log for the trustee hours expended, and a log for all time expended by the Plaintiff relative to the accident (such as time expended with car repairs, receiving medical treatments, litigation activities, etc.), The latter log is the log relative to the lost income for which the Plaintiff is seeking reimbursement. 17, Defendant's counsel, before this Court on October I, 1998, referred to yet another log pertaining to the Plaintiffs medical condition, and implied that the Plaintiff was withholding said log. 3 18, Plaintiff testified, in her depositions, that no such log el(isted, and that she was never told to keep such a record, (see attached El(, 7) However, a record of the Plaintiff's medical condition is well documented in the twenty plus medical practitioners who have treated her since the accident. 19, PlaintilTs are reluctant to provide # I of the Defendant's supplemental interrogatories, This information is wholly irrelevant 10 this case, and providing such (especially # I.c ) would be el(tremely costly, in that the Trust litigation involves eighteen (18) years of complex and involved litigation (the record encompasses 16,000 plus pages), Moreover, the majority of the litigation took place prior to the Plaintiff's trusteeship, and her trusteeship was not the subject of that litigation. Further, her appointment was confirmed by the Court, Trust attorney's correspondence attests to such (see attached Ex. 8), and this correspondence was to be addresssed in, and attached to, the Plaintiffs' answer to Motion for Sanctions, Attomey Turo did not do so, 20. Defendant's counsel has not presented any facts to show the appropriatness, or the relevance, that the trust litigation has to this case, 21, As is cited above, the Plaintiffs were not afforded an opportunity to respond and/or present their position (answer) prior to this Court's Order of July 2, 1998. 22. Defendant's counsel made erroneous and misleading statements to this Court in both his Motion to Compel, and in his Motion for Sanctions, 23, Plaintiffs should not be penalized for their counsel's inappropriate and reckless representation, PlaintilTs should be afforded ample opportunity to respond to Motion to Compel and Motion for Sanctions. 24, PlaintilTs contend that this Honorable Court (whose duty is to be a fact finder) does 4 . not, and did not, have ample facts before it to render an informed and just decision on either the Motion to Compel, or the Motion for Sanctions. 25. Plaintiffs' constitutional rights to due process has been severely violated in that they were not properly served with a signed copy of the Motion to Compel, nor does the certificate of service page (both in the original and the copy attached to the Motion for Sanctions) reflect a date and/or signature attesting that the Motion was served on the parties, Futhermore, Plaintiffs' counsel's actions and/or in actions did not afford Plaintiffs opportunity (by law) to answer either motions, 26. Plaintiffs are of the belief that until the jurisdictional defect (lack of signature, date, and blank certificate of service page) of the original Motion to Compel is corrected, Plaintiffs should not be compelled to answer either this Motion, and/or the Motion for Sanctions relative to the Motion to Compel. WHEREFORE, Plaintiffs respectfully petition this Honorable Court to hold this matter in abeyance until such time that I.) Plaintiffs can retain new counsel; 2,) the jurisdictional defect with the Motion to Compel is corrected, and the Plaintiffs are properly served with a signed copy; and; 3,) Plaintiffs are afforded an opportunity (once new counsel is retained) to answer the Motion to Compel and the Motion for Sanctions; provide evidence to show the irrelevance of the requests made in these Motions; and refute the misstatements of fact contained therein, 5 . Respectfully submitted, A .~.// Date Nancy White Vencil Michael Scott Vencil 3 Latchgate Lane Mechanicsburg, PA 17055 Plaintiffs, pro se 6 . CERTIFICATE OF SERVICE I hereby certifY that I served a true and correct copy of the Motion for Denial of Sanctions, upon Karen Feuchtenberger, Esquire; Douglas Marcello, Esquire; Edward Schorpp, Esquire; and Stephen Banko, Esquire, by depositing same in the United States mail, first class, postage pre-paid on the ~ day of October, 1998, from New Kingstown, Pennsylvania, addressed as follows: Karen S, Feuchtenberger, Esquire Goldberg, Katzman and Shipman 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Edward L, Schorpp, Esquire 127 West High Street Carlisle, PA 17013 Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6th Floor Harrisburg, PA 17108 Stephen L, Banko, Jr., Esquire Reynolds & Havis 101 Pine Street P,O, Box 932 Harrisburg, PA 17108-0932 7 . . . Turo Law Offices f RON TURO, Esquire t ROBERT J. MULOERlG, Esquiro LISA M. WHISTLER, Esquire MATT McCLENAHEN, Esquire 32 South Bodlord Slrell Carllsll, PennsylvanIa 17013 (717) 245.9600 (800) 502.9778 FAX (717) 245.2185 . May 27, 199B Nancy White VenclI 3 Latchgate Lane Mechanlcsburg, PA 17055 Dear Nancy: Please find enclosed a copy of the Motion to Compel filed by Doug Marcello. wish for you to go through Item by Item and mark whether you admit to the allegation, deny the allegation, or whether ills beyond your scope of knowledge. If you accept It, Just mark it with an "A". If you deny It, I need to know what In particular you deny In the statement. I am requesting that return It to me as soon as possible, so that we ara prepared to go forward in response to this Motion. If you have any questions, please do not hesitate to contact me. Your prompt attention to this matter Is greatly appreciated. Sincerely yours, )m TU?Jluc:ith. LISA M. WHISTLER, ESQUIRE LMW/kac EXHIBIT I ";~. '. . , Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA NO. 95-5457 CIVIL ACTION -LAW JURY TRIAL DEMANDED NANCY WHITE-VENCIL and MICHAEL VENCIL, v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants ORDER AND NOW, this day of 1998, upon consideration of the Motion filed by Defendant Myers, a hearing Is hereby scheduled In courtroom of the Cumberland County Courthouse for _ o'clock on _.m., on ,1998. BY THE COURT: J. EXHIBIT I (c) Past and future pain and suffering; (d) Past and future loss of life's enjoyment. (Plaintiffs' Complaint, paragraph 20). 6. Plaintiff was deposed on or about April 16, 1997. At that time, she testified that, .what I do during the course of a day, I work mostly on the trust." (Deposillon of Plaintiff, page 61). 7. Plaintiff testified that it was a family trust in which she was appointed trustee in 1994 which was approved by the Court of Common Pleas of Juniata County (Deposition of Plaintiff, pages 61-62). 8. Plaintiff testified that her duties include managing 12 tracks of limber ground throughout the state of Pennsylvania comprising over 5,000 acres, working with foresters, and basic management to take care of the ground. M). 9. Plaintiff testified that she managed a staff of two part lime people and does a lot of bookkeeping with those people. M.). 10. Plaintiff testified, "I manage a band of attorneys, I work with accountants, I do a fair amount of work on days that I feel well." (!!!.). 11. She testified that she works more than forty hours a week on her trust duties. (Plaintiffs deposilion, page 63). 12. She testified lhat she is compensated at an hourly rate of $100.00 per hour and that she maintains a log and a calendar with regard to her work hours. (Deposllion of Plaintiff, page 64). 13. Plaintiff agreed at the lime of her deposition, to provide a copy of those documents to her attorney. (Deposition of Plaintiff, page 64). EXHIBIT I 14. After the deposition, Defendant sought to obtain records with regard to the activities of Plaintiff and her earnings. 15. Defendant forwarded Supplemental Interrogatories to Plaintiff to obtain this Information. 16. Defendant did not receive a response from Plaintiff and filed a Motion to Compel Discovery for which this Honorable Court issued a Rule to Show Cause. 17. Counsel for Defendant agreed to hold the matter in abeyance until counsel for Plaintiff could confer with his client on this matter, a copy of correspondence from Plaintiffs counsel is attached hereto and made a part hereof as Exhibit "A", (March 23, 1996). 18. Counsel (or Plalntif( then responded by correspondence of April 24, 1998, a copy of which is attached heret" and made a part hereof as Exhibit "B". 19. In that correspondence, counsel for Plaintiff indicated that his client was "adamant about not providing any financial information to you in regards to the trust. If you believe that you still need the information, you will have to get a Court Order forcing my client to tum that information over to you. It is our position that this information is unnecessary as to the case." 20. The information sought by Defendant is relevant as to the Issues as follows: (a) Plaintiffs claims to past and future lost wages; (b) Plaintiffs claim of lost of future earning capacity; (c) The veracity of the averments of Plaintiffs Complaint, including but notlimlled to her statement that lhe injuries prevented "her from performing all or substantially all of the material acts or duties which constitute her usual and customary daily activities and usual and customary employment activities; (Plaintiffs' Complaint, paragraph 18); EXHIBIT I M'':' ...,tl.::l n.. - ......... Turo Law Offices RON TURO, Esqulro ROBERT J. MULDERIG, Esquire LISA M. WHISTLER, Esqulro MATI McCLENAHEN, Esquire :12 South Bedford Slre.t Carlisi., P.nnsylvanla 1701:1 (717) 245.9688 (800) 562.9778 FAX (717) 245.2165 March 23, 199B Douglas B. Marcello, Esquire Thomas, Thomas & Hafler 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 1710B RE: Whlte-Vencil v. Myers et. aI Dear Doug: I am writing as a foilow.uP to our phone conversation of March 19, 199B. As I indicated to you we will be reforwardlng the supplemental interrogatories to Ms. Whlle-Vencil for her review and, hopefully, answers. We also will be forwarding to her the medical releases which you had prepared for her signature. it is my hope that she will return these to me within the next twenty (20) days and we will be able to complete discovery in a timely fashion and move forward In this matter. Based on our conversation you have agreed to withhold any further action on your motion to compel discovery based on my willingness to provide this information. Obviously if Ms. Vencll-White Is unwilling or unable to provide information we will then have an opportunity to bring the matter before Judge Hess for a ruling as to privilege or irrelevance. Your professional courtesy in withholding any further action on this matter is greatly and sincerely appreciated. I look forward to being in touch with you just as soon as I have an opportunity to review this matter with my client in detail. /J ~' / kl~re y urs, . I. , ,I rlill' , BON TURO, ESQUIRE RT/kac .. ' -' cc: Nancy White-Vencil EXHIBIT I ~eJtlle/ic:.e:;. IjlfllCIIF~ lItge'Jl, u(Cmtrlllll,',/IIsyh'/II,i", I\C. Kayo M, Riolo. M.D, Donald R. Mackay. M.D. Pole' Oiessweln. M,D. William P. Oraham, III, M.D. John P. SlraUs. M.D. Lewrence K. Thompson. \II. M D. 816 Belvedore Slreel Carlisle. PA 170 I 3 (7l7) 249.0100 Fax (717) 249.8889 650 N, Twelfth Slroel Lemoyne. PA 11043 17171763.9768 Fu(7l7) 763.7710 4700 Union Doposil Road. Sul18 240 Harrisburg. PA 1711 1 (7l7) 541-4303 Fu(717) 541-4448 March 31, 1998 Ms. Nancy Vencil 3 Latchgate Lane Mechanicsburg, PA 17055 Dear Ms. Vencil, I was very glad to see you again today. I think that the lillle breast mass that you have detected on Ihe right is probably a bit of fibrous tissue since i( does nol show up as a cyst on the sonogram. However, I agree with Dr. SOlo.Hamlin that it would be pruden I to consider removing it. This has to be done very carefully 10 avoid any chance ofinjury 10 lhe implant. It would leave a very small mark on the lateral aspect of lhe breast as lhe incision would be made direclly over the mass. You expressed a number of concerns to me regarding lhe problems of your facial slructures that have occurred as a consequence of your 1993 molor vehicle accident. Chief among these arc your nasal profile and contour, a lack of upper lip fullness, a lack of support to lhe outer aspect of the eyclids wilh "sagging" of lhe lower eyelids. Addilionally, you have concerns aboutlhe asynunetry oflhe forehead, the prominence of lhe folds extending from your nose past the corner of the mouth and what you refer to as crapiness ofyollr upper eyelids. I spoke wilh you about a consullalion wilh Dr. Thompson, whose opinion I rellard hillhly as far as an individual who is expericnccd and extremely competenl in this area of surgery. I am concerned lhat your goals and objectives may be far greater Ihan that which can be achieved by surgical intervention. You are not going to be able to return to your preinjury status no malter how much surgery or no mailer how carcfully it is done. The things that are available 10 liS are frecing the scar in the forehead area to try to reduce the wrinklinllthat occurs because of the damage to Ihe muscle, fat injections of the upper lip and along the folds from the nose down pasllhe mouth, removal oflhe extra 10IVer eyelid skin, and possible EXHIBIT I PI.SIIC/Cosmellc Surgery' Dreasl Procedures' Micro Surgery' L.ser Capablllll.s . Hand Surgery Dirlh Oered' . (!ndoscopic Plastic SUfgery . Oiomedlc Skin Cara Pro9,nm Slale licensed SUfgk;al Facilitv On.Sila Nancy While Vendi 3 Latchgale Lane Mechanicsburg, I'A 170SS (717) 697-6553 August 24, 1998 Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 Dcar Ron: I am in receipt of attorney Marcello's motion for sanctions against me, and I am extremely aggrieved that youllRve put me in this position, as n result of your refilsalto: 1. verify ifallorncy Marcello's questionable motion to compcl (no dale, no signature, blank certificate of service page) was filed with the court; and 2. file an answer 10 the motion, if in deed it was filed with Ihe court. You further: 1. did not inform me ofthe oral argument date before the court (relative to this motion), nor did you prepare with me prior to. Therefore, you wcnt bcfore thc court without becoming informcd as to the facts that show: I. why the trust litigation is }vholly irrelevant to this case; and, 2. providing such information could result in additional unwarranted trust litigation; 2. did nOllimely serve me with a copy of the July 2nd Order granting attorney Marcello's motion. For example, I was DOl served with a copy of the Order till 7-13-98, and did not reccive the notice till 7-17-98 since I was out of town seeing doctors. 3. did not timely respond to my rcply letter answering your untimcly notice. In addition, you did not (as I requested on August 18, 1998 in my phone call to you) call attorney Marccllo 10 get an extension oflirne, so that I could spcak to tnlst counsel, my C.P.A., etc.; and, gather the pertinent documentation necessary 10 answer lllllh motions (since I was never given an opportunity to answer the motion to compel, or 10 present my case at oral argument). EXHIBIT 3 . Ron Turo Page 2 August 24,1998 Moreover, I need a copy of my depositions to refer to my actual testimony, various questions, etc. in preparing my answers: but, to date you have yet to procure a copy of my depositions even though I Jmve asked you to do so as early as fall of 1997. Regarding the matter of my trustee income, and as I have shared with you previously; I have no problem providing documentation from my C.P.A. to suhstantiate this income (1994 onward). As to the years prior (1992 and 1993), I had lillle to no income since I was the general contractor of building my home (a demanding and a full time task). I have already testified to this fact. As to altorney Marcello's rcquest for actual copies of my tax returns, I would prefer not to provide anything to allorney Marcello that divulges my husband's social security II, and am perturbed that he has been provided with mine (in lieu of the highly suspect questions that he asked me in my depositions, i.e. the amounts I have in my bank accounts, assets I own, etc. and so on). Again, this information has no relevance to this case, and it is private and conlidential information that he has Illl business asking for. In addition, I will not provide information relative to the tnlstlitigation for reasons that we have previously discussed, i.e. it is )Vholly irrelevant; this information will be costly to provide; and, my trustceship is not subjcctto the existing trust litigation. I have enclosed documentation from the trust counsel attesting to such. Also, it should be noted that the trustee fees that I rcceived were standard and customary, and Attorney Doswell's lelter of 1-19-96 supports this fact. In closing, the issuc of lost wages should be a JJlllll1 issue with regard to Ms. Myer's purported limited coverage; but, still opposing counsel continually harps on the issue of my fees, and other irrelevant matters (trust litigation). Further, he refbses to address the fact that my out of pocket expenses, unpaid medical costs, etc. exceed his client's limits; and, you have allowcd him 10 do so. Contrary to this fact, he instead liIes seemingly frivolous motions requcsting wholly irrelevant information; to which, if! do not provide such information (a costly and unnecessary task), I will face the possibility of sanctions and wrongfill dismissal of this mcritorious case. Needlcss to say, this is one big mess. Hopefillly, by acting promptly, and answering the issues that should have been answered and/or rebutted long ago (the motion to compel, opposing counsel's prior eorrcspondencc, ornl argument elc.), we can put an end to altorney Mareello's latest harassment ploy (sanctions motion), and get this litigation back on trncl. EXHIBIT 3 Ron TUfa Page 3 Augusl24. t998 Please eall me upon receipt ofthis letter, so that we can promptly prepare an answer to this motion, and file it in a timely fashion with the Court. P.S. I am s1i11 awaiting written connnnation concerning Ms. Myers Ihnits. . EXIIIBIT 3 ~ .._,...... .- i . .. :. '. ..... McCAllI.nY & ASSOCIATES ,~ 1"lIl1'Il~,,,,'l,\1 t"o"rUIlAll...,. J9~ lI^L1'IMOIlIII'IKIi SlIlTIi 2n.\ t:II^1l01i 1'01lD. I'UNNS"LV^NI^ 1""7 'r1iLIlI'1I0Nh (611I) 4~"',\'IOU I'^X (1,10) 4.\'I'UlO August 24, 199B Ms. Nnl1l:y White Vencil :l l.nIChn(;c Lnne t\'ledulIlieshurg, r1\ 17055 I{c.: SIlIll)lement"Llu1~1110I'ie~ DCllr Nuncy: PIIlSlIllnl to your request, I hnve reviewed buth the Icllcl' IhulI tvlr. TuJ'll IImlthe 1ill(lplcl1lcutnl interl'OClllOries propouudcd hy MI'. Mnrcellll. With rcgard 10 the sUllplelllenlnl inlerroglltories regnrdinl\ the TlIIst, elllllpilin~ the illfonlllltiun IIcceSSlllY would involve the e:l:pclIllilurc IIl'lmll'l 1I11111unts oJ'lillle nnd expense UII Ihe part or the Trusl, Truslec, nnd 'l'l'Ilsl nllurlle)'. Moreuver, I believe thnlnny illfonnnliulI regul'ding lilil\nlitlll surruunding Ihe Trusl is irrclevnlll Iu the proceedings invol villg yuur lltllOlllllbilc llccidl.1nl in Ihat Ihe Trust litigntion(s) do 1I0t involve yotl us a parly in yuur Jlersonnl enpneity. Moreover, the Iiligations hnve not RlI~hessed yuur pcl'lol'ltlam:c us n Tl1l:ltec nnl' hovc nllY fees laken by )'ou a3 Trustcc heen IIIntle 111Il1 ur the liliualioll pCUl.:css. ProvisiulI of stich infonlllllion, which would becomc pnrt III' the public rccunI, coul~1 Icnd Iu ndditionnllith:ntion 011 the pnrt of ccrlniu pllrlit:s to Ihe Tmst liligiltitlnS who have continued to pursue unsupporled dnims dCliJlilC ullcrs tu scule during the last eighteen yenrs. AllY such additional lilit.:alillll 1.:011 hi have it delrimental effect on Ihe TI'lI~1 ilssets. \ EXHIBIT 3 .' ':'i~ti).~~':'>\'/.\': ' ' ' ".',.~~; .., ";..'I.::!r~,,~"...~i .:',.; . ;'~...~:'~':.h'.' ",~""1"\;" ~,"'" ..:....,~ .. . . 1- ....... '1..'" "j-rl'" ,',;,""""I,t..:,."" . ", _,' i. .... .., I, ~ . , I ,"L~, ~ ,., ._."~~, ',' ," ., ..' .....,,!~'~ I. ,:.~;~;,.:.1::,:",:,.).~<:':;':. '. .. .. . ".: :~.'~~.~:: . ',. NANCY WHITE.VENCIL and .::. ' . MICHAELVENCIL, .:~,::.'"",t. ',r .:;' ,.... . ." ...,....... ., ,,' '. ' ,..';~. ,:'.::::~'f"'''' Plaintiffs '. . . f .; , , v. . ' IN THE COURT OF COMMON PLEAS OF CUMBERt:AND COUNTY; , PENNSYLVANIA, NO. 95-5457 CIVIL ACTION - LAW JURY TRIAL DEMANDED .-.... . ,......... .,-,"' . '. . ~ CHERYL L MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and ,OKI:A SWEET, Defendants .,', "" MOTION FOR SANCTIONS PURSUANT TO PA.R.C.P. 4019 1. Defendant, Cheryl L Myers moves this Honorable Court for the appropriate sanctions, Including dismissal for failure of Plaintiffs to comply with this Honorable Court's Order of July 2, 1998. 2. Defendant Myers was compelled to file a Motion to compel responses to discovery, a copy of said Motion is attached hereto and made a part hereof as exhibit "N. , 3. Argument on said Motion was held on or about July 2, 1998. Pursuant to said argument, this Court entered an Order dated July 2, 199B directing "that the Plaintiff respond to supplemental Interrogatories 1, 2, and 3 within thirty days", a copy of said Order Is attached hereto and made a part hereof as exhibit "B". 4. Plaintiff has failed or refused to provide the Answers to Interrogatories pursuant to the Court Order. 5. Moving Defendant 'request this Honorable Court enter the appropriate sanctions against Plaintiff pursuant to Pa.R.C.P. Rule 4019, Including but notllmiled to EXIIIBlT 4 - .... ...~ .., , .'." . .-- "::':~.: ::= ~.'. ,'. >.~ '. :',". . . ',.... .....1...... . ~J . .: ~ ....;.... :,.:,.,'..:.., ,.... .,', ' /' . .-1... "I'~:" ., . . , ;.. : ~ '.' , .';, . " ' .' :. '. . ~. " . :.,' :~(~;:,;,:,::::,y:"~'. . ~ ::j~:'.iyi~.'::\'~'~;;;:,:t '. , . ..... ... . :,: . ',",! ,.':: . - .. .: ':'I""'~~:",' .....::::.. .-..: :":":. .......,.,.;.. . ;.... .. 'IN THE COURT OF, COMMON PLEAS OF:', . CUMBERLAND COUNTY. ., PENNSYLVANIA >:(;~J;,t?;;i:::': -', . '...:: NANCY WHITE-VENCIL and , MICHAEL VENCIl, .';,.'..: " ~." ....,.......;.. , .-. . ..,.. ., . . . Plaintiffs v. NO. 95-5457 CIVIL ACTION - LAW JURY TRIAL DEMANDED CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants MOTION TO COMPEl. 1. Defendant Myers moves this Honorable Court to compel Plaintiffs to produce discovery relevant to the claims and damages alleged In the Complaint 2. Plaintiff, Nancy White-Vencil alleges that she was injured in an automobile accident that occurred on October 29, 1993. 3. Plaintiff alleges that as a result of moving Defendant's negligence, that she has suffered personal Injury. 4. Plaintiff makes the allegations with regard to her personal injuries that the injuries have prevented her "from perfonning" all or substantially all of the material acts or duties which constitute her usual and customary daily activities and usual and customary employment activities" (Plaintiffs Complaint, paragraph 18). 5. Plaintiff alleges that she has sustained damages including the following: (a) Past and future loss of eamings; (b) Future loss of eaming capacity; EXHIBIT 4 :~e~'~-::?>:< ~:'.'::.',',' .,.,. t~.. i..'.':,';..r,I:;,:r,!~,'.'J'. .;l.::. " .,'~. " " "'j'1JiI'.V.,...~,.J"'.~.,lo""";':":""'" " .,:.;:\~.~tT~r~t...I.:.'.'.';:I.. .'.'~' "' (c) .'...,L, " ' "" . '.~ \.. ',' ,'.. J. "f .' .-' ,,';,": ';,. : ;';_' '~" ',1.-,.' ".... .. Past and future pain and suffering; , . . ....,. ~""..'..''; ,t ':,.-1. '." '. ...... ., . .1.......... .., . ...., .~.:~.. " (Plaintiffs' Complaint; paragraph 20). ., ~.. '-"," ," . ~. . . .. 6. Plaintiff was deposed on or about April 16, 1997. At that time, she testified (d) Past and future loss of life's enjoyment. , ' . j~"":::' ";"'~"";" ,. .... . , , that; "what I do during the course of a day, I work mostly on lhe trust" (Deposition of Plaintiff, page 61). 7. Plaintiff testified that it was a family trust in which she was appointed trustee In 1994 which was approved by the Court of Common Pleas of Juniata County (Deposition . " of Plaintiff. pages 61-62). 8. Plaintiff testified that her duties Include managing 12 tracks of timber ground throughout the state of Pennsylvania comprising over 5,000 acres, working with foresters, and basic management to take care of the ground. (!Q). 9. Plaintiff testified that she managed a staff of two part time people and does a lot of bookkeeping with those people. (!Q.). 10. Plaintiff testified, "' manage a band of attorneys, I work with accounlants, I do a fair amount of work on days that' feel well." M.). - 11. She.testified that she works more Ihan forty hours a week on her trust duties. (Plaintiffs depositi~n. page 63). 12. She testified that she Is compensated at an hourly rate of $100.00 per hour and that she maintains a log and a calendar with regard to her work hours. (Deposition of Plaintiff, page 64). 13. Plaintiff agreed at the time of her deposition, to provide a copy of those documents to her attorney. (Deposition of Plaintiff, page 64). " EXIIIBlT 4 .-. .... .- '; ~tli;': ~'';.:: :. 'l' ~ .:,"'.. \," .' ......,. I . ..::....:,;.::\':'_::....1.:~...:-.' .~. .'. . ......... ;j \' ' '.';- . "1"'111i',,~'r-;' . '.' ,'. .,. ... . ..' .....', . -- -' .- ,. ' '; ';,,;:'::;:;.":,,' . 14." . After'the deposition, Deferidantsoughtio obialn reeordawith regard to the' ."1.. .... ' "', . .' :.. "":;:,;.~."I-'.':':' ,=., ~. '.:' .:'" '.' . . . . - .'. ~ :.' . , ...;.(,... . . , activities of Plaintiff and hereamings.. "~\~~":'., .., ,.. .':::~~~~:i'_' . ., 15'. . Defendant forwarded Supplemental tnterrogatorles to Plaintiff to obtain this "::'<}:~;:it.'~.~. ~'~'...' i .' .'.' ,'.. " :-:- ':: _do, information. '. ,: ":'-::':" ::'~". '-., . ' 16. '.',' .,. Defendant did not receive a response from Plaintilfand filed a Motion to . Compel Discovery for which this Honorable Court issued a Rule to Show Cause. 17. Counsel for Defendant agreed to hold the matter in abeyance until counsel for Plaintiff could confer with his client on this matter, a copy of Correspondence from Plaintiffs counsel Is attached hereto and made a part hereof as Exhibit "A", (March 23, '. 1996). 18. Counsel for Plaintiff then responded by correspondence of April 24, 1998, a copy of which is attached hereto and made a part hereof as exhibit "B". 19. In that correspondence, counsel for Plaintiff indicated that his client was "adamant about not providing any financial Information to you in regards to the trust. If you believe that you still need the information, you will have to get a Court Order forcing my client to turn that information over to you. It is our position that this information Is unnecessary as to the case." 20. The information sought by Defendant Is relevant as to the issues as follows: (a) Plaintiffs claims to past and future lost wages; (b) Plaintiffs claim of lost of future eamlng capacity; (c) The veracity of the averments of Plaintiffs Complaint, including but notlimiled to her statement that the injuries prevented "her from performing all or substantially all of the material acts or duties which conslitute her usual and customary daily activities and usual and customary employment activities; (Plaintllrs' Complaint, paragraph 18); EXHIBIT 4 , .......'. ~." ':" .~ I" ~l,,~~,~r1:~i 'f ".' . ,: ,0 .:. . . 1 :'i \0. \:~ " .. '... . ,.. ..' .',.. . .... . \:,.'{:,':,').:...,i<'..:...... ....::....;.',.'. . '..,:,;\:."!C'j',Y,~"~,:"",:,;",,, -;.', .~P':;. ',; . ......I....~i.'...~..J~.....: .:..:'.'.' 1,', :",.. ..J" i \Y\'..,l.~.."., " .. "'1'''' 'i\' II.~" .. .' . 111;.:':~i(..\...!-1I'J,." . . J I' ".,. -.,....:. 10'.0 " . ....:.,.,. ...... . - ,- . ..l.: ... ..,_.1... '.. ..:.. I". t,.... . ,: l, . .,," (.~ ", .,',. . " .:~.it:->:\-'.~:'y. . '. ;', ..::.... "''':. WHEREFORE, Defendant request this Honorable Court enter an Order compelling ,~..t,,:'l.\i:'..:" ".., '::;" ~'-;. , ,..:~ . ." : . .... ... . .... ......'~ the production of the information requested by the supplementallnterrogatorles . ...~_'t,~.............. , ......1.......... ......, '. ....-.,~~,..~,:~,:~.: .' .........,. .'.~.:;:'. '" '. . ,:.,~",~:;:;j~.;,;;, THOMAS, THOMAS & HAFER, llP . .....";"... ~ .....: .. . -". l' ;'..', ., , By: Douglas B. Marcello, Esquire 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 255.7238 ,";, .. . ,'~ " .. . i..', l'i,~ " 'i' t' ." ~::, ~' ii ~: ~: 'r' ~----' ~ , ,. EXIIIIlIT 4 "~\"."r'''I,\.';I;'; ~:.~. :. ~',....~;,~C~~~4'i~,':~;'" . : ..;: _, .... ., , '",'. '~""h:'...\,."" :;:.'/. Turo.Law.~Offices I'\"",'l'~ '-1.~::::~:~::RciN'. ruRo;'eq'tir~~rl~:,;~:,': . ,,: . ' ',.1. :::';:i;:.~.;~,O~ER:r.: J~.MULDE!':lIG, Esquire ,:~.._.., USA M WHISTLER ".fttire, .:j,i.,~;i:..~'.,'.~ .... .' ',~. . " ,,". "MATrMcCLENAHEN, Esquire ..;~:t:~.~:~t:t~,::r~:~' :'::'" .....-...... M^n ".,~ .oftl'l ;'. 0 u' :;~o . ". . .' " 3Z SoUlh Bedford Slreet Carlisle, Pennsylvania 17013 (717)245-9688 (800) 562-9n8 Ff\f. (717)245-2165' . I I... .... ~ '-~'''''. March 23, 199B ..' '"r.', .. .'. Douglas B. Marcello, Esquire Thomas, Thomas & Haller 305 North Front Street Sixth Floor ,...' ..P.O; Box-999 " " Hamsburg, PA 1710B RE: White-Vencil v. Myers at. al Dear Doug: I am writing as a follow-uP to our phone conversation of March 19, 199B. As I Indicated to you we will be reforwarding the supplemental Interrogatories to Ms. White-Vencll for her review and, hopefully, answers. We also will be forwarding to her the medical releases which you had prepared for her signature. it Is my hope that she will retum these to me within the next twenty (20) days and we wiD be able to complete discovery In a timely fashion and move forward in this matter. Based on our conversation you have agreed to withhold any further action on your motion to compel discovery based on my wiillngness to provide this information. Obviously if Ms. Vencil.While is unwilling or unable to provide Information we will then have an opportunity to bring the matter before Judge Hess for a ruling as to privilege or irrelevance. Your professional courtesy In withholding any further action on this matter is greatly ,and sincerely appreciated. 1,Iook forward to being In touch with you just as soon as I have an opportunity to review this matter with my clientln detail. 1/0 + / ~~ y urs, . \ I , (ltlf , BON TURO, ESQUIRE RT/kac ',-" cc: Nancy White-Vencil EXIIIBlT 4 #. ". , . . I', .', 'f: . "~~',::::)~':.,~;t:~: , ,. ~t:..rIlIClir;e::.- tftfllClIf'd, lIgtJ~ l..."...;-:',.,'.:....... ",' ,'. .": ',",'. ~. ":\. .' .. 't' ....-... ............ ...'....... ,.: William P. G,aham. III. M,O. , John P; SI,a\ls. M.D. '. ~: Law,enca K. Thompson. III. M.D. ','.;' ItS BII.ldell.Slrel' ., . CIIIs'". PA 17013 (717) 249.0100 Fa. (717) 249.8889 u(Cmlfll' 1"''''UY'I~",i/l, I'.C. 650 N. Twel/lh 51111' Lemayne. PA 17043 (717) 763-9768 Fa. (717) 76l"T710 Kayo M. Riolo. M.D. Donald R. Mackay. M,O. Pele, Giasswaln. M,O. 4700 Union Cepesll Road. Suite 240 Ha,risburg. PA 17111 (117) 541...303 Fu(717) 541...448 March 3 I, 1998 Ms. Nancy Vencil J Latchgate Lane Mechanicsburg, PA 17055 Dear Ms. Vencil, I was very glad to see you again today. I think thatlhe Iitlle breast mass that you have detected on the right is probably a bit of fibrous tissue since it does not show'up as a cyst on Ihe sonogram. However, I agree wilh Dr. Soto.Hamlin that it would be prudent to consider removing it. This has to be done very carefully to avoid any chance ofinjury 10 the implant. It would leave a very small mark on the lateral aspect of the breast as the incision would be made direclly over the mass. You expressed a number of concems to me regarding the problems of your facial slructures that have occurred as a consequence of your 1993 motor vehicle accident. Chief among these are your nasal profile and conlour, a lack of upper lip fullness, a lack of support to the outer aspect of the eyelids wilh "sagging" of the lower eyelids. Additionally, you have concems about the asymmelry of the forehead, the prominence of the folds extending from your nose pastlhe corner ofthe moot Ii anti what you refer to as crapiness of your upper eyelids. I spoke with you about a consultation wilh Dr. Thompson, whose opinion I regard highly as far as an individual who is experienced and e.'dremely competent in this area of surgery. I am concerned thai your gonls and objectives may be far greater Ihan Ihat which can be achieved by surgical intervention. You are not going to be able to return 10 your preinjury stalus no mailer how much surgery or no mailer how carefully it is done, The things that are available 10 us are freeing the scar in the fOI ehead area to try to reduce the wrinkling lhal occurs because of lhe damage to lhe muscle, fat injections ofthe upper lip and along the folds from the nose down pastlhe mouth, removal of the e:dra lower eyelid skin, and possible EXHIBIT 4 PI.sIIC/Cosmllic SUlgery' Ore." P,ocedurls . Mlao Surgery' Laser CapabUllies . Hand Surgery Oirlh Oef~ct1 . Emfo1Coplc Pia sUe Surgery' Otomedlc Skin Cara Program Stale lIc~nsed Surgl(.al Facll.!)' On. Site . .' ~'1;' .' \": ", ,- . . ..... " ", . _01.' .,' .:.r.,,~1 ~. t.,.... . j,":' .. . ,. '. . .'" . ..' . i~ :... .l';,'~ :-.;:;. ;,. ',,;oI'J. i ':' :..... '.' :"i.':~';"':'f; : . . .', "f..t::.\:I..~ ~,' . ~:'.'. '; " .'::; .i:.'.:~..-..., :.;. .: ,I .. \ ',~ . .,I.V,. ':".' . . ' ... "}~";:7~',j:..'~ ,:. , .' , lOSEPII r.llAF1!ll . : .:: IAMIlS K. "10101"" D . '.. refl'IUlY D, RETTIO . ",(.:t,rElBl,CIlRIlY ,., . 7:'\"'R.DURKIlMdJ!MOIU!./R. , ..~.: ~ EDWARD ILIORDAI/.1ll. ''', ':'.:. c.KJ!NTPRICB /lANDAIJ.O.OAUl DAVID L SClIWALM . Plf(1!R I. SPl!AKl!A OOUOLASD.IoIARCELLO PAULI,DEU.ASEOA THOMAS, THOMAS.& HAFER~_LLP' ,. . I', . . ATIORNEYSATLAW 'I,' \ , I '. 30S NOIOlI FRONT S11U!ET .. SlX'lll FLOOR P.O. BOX 999 IIARRISBURG. PA 17l0B (1\1) :m.71011 PAX (I\1):m.710' WRI11!R'S OIlU!CJ'OIAL HUMBER "ManIY I. MARK DANIEL I. OALUoOIIER RDIEKl''\' TAYLOR SARAlI W, ARDSELL EUOEHB H. MclIUOII STEPlII!H L OEDULOIO KAREN S. COATIlS OARYT.U11IRO' 1DDD S, NARVOL 'AMIlS " DODD-O REVill C. MclIAMA/lA IROOKS II. FOLAND JOliN FLOUNUCJ(ER JOliN'" pOp/LOCK OP COUNSEL lAMES K. nloMAS 255-1231 lHI1IlI: .....QIl.."',can August 19, 199B ." ',':~' 'Pr6thonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: White-Vencil v. Mvers. et a!. No. 95-5457 Dear Prothonotary: Enclosed please find an original and one copy of a Motion for Sanctions Pursuant to Pa.R.C.P. 4019. Please return a date stamped copy to me in the envelope provided. I have also enclosed self-addressed stamped envelopes for forwarding of the executed Order. If you have any questions, please do not hesitate to contact me. Best regards y cdb enclosure' "'----cc:' Stephen L Banko, Jr., Esquire Ron Turo, Esquire Karen S. Feuchtenberger, Esquire Edward L. Schorpp, Esquire THOMAS, THOMAS & HAFER, LLP By: /\/./"'7 DOU~~B. ~1I0 EXIIIBIT 4 . . AI.I.ENTOIVN OFFICe: 609I1AMII.TON MALL. SUITIIIOI.AUJlNTOWN. PA 18101 (610) 140.)191 "AX (610) 740.'88' ~';/;,~'.~'.'~!."::~" , :\,:.t'1~~;)~.I.~;'.:'"".',,,, ;'.. .:\.:.'f',"'" ,,': .,....~ l'~:..... ~~~;~.~~~ ~::~ '. :':.' . ..~~,-'t",,"".,'rl""'" -, '.,.' . : .~. ," '.:~.'~.:~i;:~~i'<~;," ,"';. : "; ~ .:.',: ,i" . ::>' ~...:. '; ~:',.>:;"'I~;:; .'.:~; ::' . '{~_-:'~~'~"'11" ",' w ...... ." ......;"'. '. '.' ....'.... ...:t,f'. . . .:.....'..,.1.... .'.,' ,. ..l~::.~f.::.:::.',~,;;.~:,'.:. ".. :.~:.' .,. . to.. . ~ "; .... ," " I'., " " ... 0" I ~ _ '. ":::., NANCYWHITE-VENCILand ,:..; . MICHAEL VENCIL, . .' ..r., o:.l~"L . . OM'" . _... . I. ..' .., . . ..0:-.... ..... .. . '. ." . Plaintiffs ....-.,.- . IN THE COURT OF COMMON PLEAS 'OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 95-5457 CIVILACTION - LAW JURY TRIAL DEMANDED ,.' .' ":"r,~.:;.-:':',::".l":~ ,. .,.. .t...... " ,', v. .. . , CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants ,......- ,'. AND NOW, this ORDER day of 199B, upon consideration of the Mollon filed by Defendant Myers, argument Is hereby scheduled In courtroom of the Cumberland County Courthouse for _ o'clock on _.m., on . 199B. BY THE COURT: J. EXHIBIT 4 '. Nancy Whitc Vcndl 3 Latchgate Lane Mechanicsburg, P A 17055 September 3, 1998 Mr. Ron Turo 32 South nedford Street Carlisle, PA 17013 Please immedialely fax me a copy of your Answer, so Ihat we ean amend it and/or nt it prior to the deadline for filing (September 8, 1998). Dear Mr. Turo: I was extremely perturbed to learn today Ihat you filed an Answer to attorney Marcello's Motion for Sanctions without having consulted with me first. Moreover, I expressly told you last wcek thai I needed to discuss my specific answers with you, and that I wanted to review your draft prior 10 your filing the answcr with the eourt. As such, you may have again jeopardized my position with this additional negligent and rcckless aClion, as you did when you did I1ll1 answer opposing counsel's Motion to Compel, and whcn you argued issues before the Court wi thou I preparing with me, or even informing me of oral argument EXHIBIT 5 85 1 not __ the fact that I can't do all the exercise or maybe do 2 this that I never did, that is not the real altering thing. 3 It's like I got to live with this for the rest of my life, 4 this pressure in my head, That's what's hell. 5 BY MR. MARCELLO: 6 Q Have you been keeping a diary or any other 7 journal in terms of your condition with regard to this 8 accident? 9 A No, I don't keep it. No one ever told me to. 10 That I don't do. I just have always kept track of my time. 11 For this reason, sir. I have limited tort. I am not out 12 looking to make a bundle. I'm not, quote-unquote, a lot of 13 people are, running around with tort, looking to make 14 thousands, hundreds of thousands of dollars, on pain and 15 suffering. I just want, at this point -- you know, maybe I 16 will want pain and suffering some day if they never get this 17 pressure out of my head, At this point, I definitely want 18 reimbursed for my lost time, my lost income, the moneys that 19 I put into this. You know, it's ridiculous. Why should I 20 be paying for this. I did not cause this accident. Four 21 other __ three other cars all point the finger to who caused 22 this accident. No one short of a miracle, nothing short of 23 a miracle, could have made any car stop. No other car 24 stopped. You couldn't have done it. It was just that, 25 quote-unquote, it's an accident. EXIIIBlT 7 . -~...- ' , - . McCAlll.lW & ASSOCIATES A ,.tUn US'IU..,"L ("OR.ORA1I(I'" )92 D^LTIMOIUl \'IKIi SlIlTI1 2tll t:II^UllS 1'01lD. t'ENNSYLV^NI^ \'n11 TELI!PIlON" (611I) 4~IJ.~llOtl "^X tltlO) 4w.~110 August 24, 1998 Ms. Nuncy White Vencil :l 1.i1lcllilge Lane 1'\'ledtanicshurg, P/\ 17055 Re.: SupolementallJ)tcrrol!.atories DClIr Nuncy: Punlllnnt to your request, I hnve reviewed both the tellcr Ihull tvtr. Tum ami the supplemcntal interrogatories propounded by MI'. Marcell", Wilh regard to the supplemental interrogatories reglmling the TIIIS(, cllIlIpilillg the infonnntion ncccssmy would involve the expenditlll'c or large amuunts of time and expense on the part of the Trust, Tl'lIslcc, lInd 'I'rllsl atturney. MoreOVllr, I helieve that IIny infonnation regllrding litigatiun surruunding the Trust is irrelevllnt 10 the proceedings involving your lIutCJllIlIhile accident in that the Trust litigation(s) do not involve you as a party in your \Icl'!llll1nl cnpncity, Moreover, the litigations have not nddn:ssed yuul' \IerlOl'mam;e us It Trustee nor hllve any fees taken by )'ou as Trustee bcen Illltde Ilul't of the litigation process. Provision of s\lch information, which would become partu!' the public record, cnuld leud to additionalliti~l\tion on the puet of certaill purti~~s to the 'l'mst litigatillns who have continued to pursue unsupported cluillls despilc uflcl's to sculu during the lllst eighteen YUill'S. Any sUl:h addition:!l litigatioll l:uuhl hllve il dctrimental effect 011 the Trust assets. EXHIBIT 8 . , ..... MI'CAlIL.UY &. ASSOCIATES Nuncy While VClll.:il "lI1:Ulil 24, 11)1)8 Illlgc 2 "licl' you have hlld a chllncc 10 roview lhis leller, kindly I.:unlucl IlIe i r YUlI feel Ihlll Ihl'lhcr cxplanulion is necessary. S i ncercly , McCAUI.EY & ASSOCIATES, PC ~7 /11111 C;><.fdpL, GREGORY M. ~c.:(,^IJl.EY, ESC,llllRlif' {jMM/vl' . . ~ ' , . EXUIBIT 8 . ...."""a. " - . ._.';. .';. _.;~ .~. '~=r-~f~'~"" ,....4" ,.-;. .........-:--:*,... '.~':.'-'-.'-.C-"" . NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5457 CIVIL TERM CIVIL ACTION-LAW v. CHERYL L. MYERS, DENISE KOPTCHO,: DAVID RIGHTOR, and OKLA SWEET, Defendants JURY TRIAL DEMANDED mlIiI A Rule is hereby issued upon Plaintiff to show cause why it should not be compelled to produce the Answers to Interrogatories and executed Releases forwarded by Defendant. Rule returnable within 'Z-o days of service. ma...A t, I') ,I' BY THE COURT: J. " . ~ ,., -- .;J r.. 0- UJCl c;: ~::4. 0"- l.)_; H-~ u.. (<~ (l ) i ~ .}=-_J - , >, 0<', "I , - l u I... I i G:tl' ..... !o'IJ t- (~.; !:'L. C,.) 11_ u:; :-) 0 c' (,) , , . .... NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5457 CIVIL TERM CIVIL ACTION-LAW v. CHERYL L. MYERS, DENISE KOPTCHO,: DAVID RIGHTOR, and OKLA SWEET, Defendants JURY TRIAL DEMANDED AND NOW, this ORDER day of , 1998, upon Motion of Defendant, Plaintiffs are ordered to provide full and complete Answers to Interrogatories and provide copies of the executed Releases within days of this Order. BY THE COURT: J, ~ NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5457 CIVIL TERM CIVIL ACTION-LAW CHERYL L. MYERS, DENISE KOPTCHO, : DAVID RIGHTOR, and OKLA SWEET, Defendants. JURY TRIAL DEMANDED MOTZON TO COMPEL DZSCOVERY 1. Defendant seeks to compel the discovery propounded upon Plaintiffs in this action. 2. On or about July 9, 1997, Defendant propounded the attached discovery upon Plaintiffs. 3. On October 3, 1997, additional copies of the authorizations were forwarded to Plaintiffs, a copy of said correspondence is attached hereto and made a part hereof as Exhibit "B". 4. Additionally, on October 6, 1997, further Releases and request for medical records were forwarded to Plaintiffs' counsel, a copy of which is attached hereto as Exhibit "C". 5. On or about December 11, 1997, counsel for Defendant requested Plaintiffs respond to these discovery matters. 6. By correspondence of December 16, 1997, Plaintiffs's counsel indicated that his client was "currently out of state and will not return until January, 1998. At that time I plan to meet with her and to finalize answers to your Supplemental Interrogatories and move this matter forward to trial." 7. On December 18, 1997, Defendant's counsel reminded counsel for Plaintiffs that there were also outstanding Releases that needed signed as well as the Interrogatories. . 8. By correspondence of January 26, 1998, Plaintiffs' counsel again requested the information which Plaintiffs have promised, 9. To date, Defendant has not received the additional discovery as promised by Plaintiffs. 10. Said discovery is necessary for the litigation of this matter. WHEREFORE, Defendant request this Honorable Court to order Plaintiffs to produce said information. THOMAS, THOMAS & HAFER, LLP B~~ay~-~ Dodgl B. Marcello Atto ey 1.0. 36510 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7238 CBRTIFICATB OF SBRVICB AND NOW, this ~ day of "'-~~ ~)..Jj (1 (l..!-tA. '& ' 1998, I, Cynthia D. Byrd, a secretary in the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first-class, postage prepaid, to the following: Stephen L. Banko, Jr., Esquire REYNOLDS & HAVAS 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-0932 Robert P. Kline, Esquire LAW OFFICES OF RON TORO 32 South Bedford Street Carlisle, PA 17013 Karen S. Feuchtenberger, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17101-1268 Edward L. Schorpp, Esquire LANDIS, BLACK & SCHORPP 36 South Hanover Street Carlisle, PA 17103 ~(Jj~r; {J~ Cynt . a D. Byrd -4. @ ~ 1-0' ~~s H:!l;=> ~- ~i~.C. 0: r. :) f'" ~ .1": C") Q:!..li t Ii: ~ _. ::.5 t'j ;; en o. ('\: N ~<jl.: c:r- . ~~ ~ '1 4 F .;; ;<; ::1_ c~.'" ,.'<-. ..........;)$ F'~; !.~,J ":.J ./s;:: ".t;t,ll ftl~ '"Il.J.J . Hin ..:):- ::5 C,} ~ ~ .1;; ~~ w 3 ~ .. . E J} !i · ~ i : IS .. 0 0: ~ ~ . :> cl . .. 0 .. i i ~ : ~ 0 " .. ~. . ~~ o 5 1998. . , AUG 2 41998~ NANCY WHITE-VENCIL and MICHAEL VENCIL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5457 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiffs v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants ORDER AND NOW, this :JS1J..., ~ day of 1998, upon consideration ofthe Motion filed by Defendant Myers, argument is hereby scheduled in courtroom 4- of the Cumberland County Courthouse for ~: 30 o'clock on P.m., on ~."J I , 1998. BY THE COURT: ,.sl 1r::M...... CL. ~ J. , I \ I ~ \ I i . ..-,..... . ,. ) , NANCY WHITE-VENCIL, and MICHAEL VENCIL, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-5457 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants ~OTION FOR PROTECTIVE ORDER 1. Defendant Cheryl Myers had previously filed a Motion to compel discovery of certain supplemental interrogatories. 2. The Honorable Kevin A. Hess, on July 2, 1998, directed that the Plaintiff respond to the Supplemental Interrogatories. 3. The Plaintiff is in the process of putting together this information. 4. Certain portions of the information concem the Plaintiffs involvement with a Trust which has been Involved in complex and increasingly difficult litigation in Juniata County for the past 18 years. Any information concerning this Trust, while possibly discoverable, could prejudice the Plaintiffs actions in that matter and would be irrelevant and potentially damaging to that litigation if placed into the wrong hands. 5. Plaintiffs personal financial information, while possibly discoverable, Is irrelevant to anyone other than the attomeys in this matter and consequently should be sealed by Order of Court. ~ --.-- , . J WHEREFORE, for all the above reasons, the Plaintiffs, Nancy Whlte-Vencll and Michael Vencll, respectuflly request this Court to hold a hearing In conjunction with Cheryl L. Myers' Motion for Sanctions and, after hearing, allow a Protective Order to be placed against all parties In this litigation concemlng the release of any Infonnation sought In said Supplemental Interrogatories. Respectfully submitted, TURO LAW OFFICES 9 t /<0 ~ 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attomey for Plaintiff Date .. _.;-_.....h , " d"O'" '..r~.;..';..C"""'.~-'.""',.;...~ .J ~t:BTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion For Protective Order, upon Karen Feuchtenberger, Esquire, Douglas Marcello, Esquire, Edward Schorpp, Esquire and Stephen Banko, Esquire, by depositing same in the United States Mall, first class, postage pre-paid on the J- day of September, 1998, from Carlisle, Pennsylvania, addressed as follows: Karen S. Feuchtenberger, Esquire Goldberg, Katzman and Shipman 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Edward L. Schorpp, Esquire 127 West High Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esquire Reynolds & Havis 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-0932 Douglas B. Marcello, Esquire Thomas, Thomas & Haffer 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 TURO LAW OFFICES [wLf Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ir. C'J ~ "". .'f. . . ,- .. :~ "J .1" r', Uj-.. U,., '-- .. . ,,,,. r'( , ,'. ',....".;.. .I.". 00(:..; '..:1 .1- i~ C,.), c-, .'': ~;.n C'" ~ I , L:i:"l -'. C.. .. L:':' 'JLIJ .' "'0.4 V. ~~ " {:". .. C. l';. U .. ..,\..<,.....-.. >- '>- !it C'.' 1-- .' .... .. :-J <' UJ0 - - () ~~~ <...-\.' '.J ".'~ . 1-- . .... ", .-'j (":)1' ...~: l~ -:") - Ul r..l'. I :,;'; u..1' . O. In:i u.: . \' L' , ~A;J.. V. I , e:: ,~ c- c.:: ~ U . '. -- "- F': r:r~J..,.::!I"'F "'c T -~'.:' .~: "(.~:-"'''''''( ~". . . . If J1 I:'.', f" If' ,),~ ....11':: ":...J I" ,. r:, Ii I.' .l. C'~:, .: _ ..:.....T'f t'~,\.~,.'(i,~.': ,-.;,.. . O' t., 'f' ~'1, oil r( " V<l -1 4 r ~ ~. .-."...... .' " . NANCY WHITE-VENCIL and MICHAEL VENCIL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5457 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiffs v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants W10TlON FOR SANCTIONS PURSUANT TO PA.R.C.P. 4019 1. Defendant, Cheryl L. Myers moves this Honorable Court for the appropriate sanctions, including dismissal for failure of Plaintiffs to comply with this Honorable Court's Order of July 2, 1998. 2. Defendant Myers was compelled to file a Motion to compel responses to discovery, a copy of said Motion is attached hereto and made a part hereof as exhibit "A". 3. Argument on said Motion was held on or about July 2, 1998. Pursuant to said argument, this Court entered an Order dated July 2, 1998 directing "that the Plaintiff respond to supplemental Interrogatories 1, 2, and 3 within thirty days", a copy of said Order is attached hereto and made a part hereof as exhibit "B". 4. Plaintiff has failed or refused to provide the Answers to Interrogatories pursuant to the Court Order. 5. Moving Defendant request this Honorable Court enter the appropriate sanctions against Plaintiff pursuant to Pa.R.C.P. Rule 4019, including but not limited to .. ._,..... - ~~:;. ....-.:t "-. - ", .....,-~.~~.I....-> .~._. .: '. dismissal of Plaintiffs case and the award of attomey fees for the preparation of filing of said Motion. WHEREFORE, Defendant Cheryl Myers request this Honorable Court enter the appropriate sanctions against Plaintiff pursuant to Pa.R.C.P.Rule 4019. THOMAS, THOMAS & HAFER, LLP By: o s B. rcello, Esquire 30 orth Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 " CERTIFICATE OF SERVICE AND NOW, this ~ day of (].Jlf{Ud ,1998, I, Cynthia D. Byrd, a secretary In the law firm of Thomas, Thomas & Hafer, hereby certify that 1 sent a true and correct copy of the foregoing document by placing a copy of the same In the United States Mall, first-class, postage prepaid, to the following: Stephen L. Banko, Jr., Esquire REYNOLDS & HAVAS 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-0932 (Attomey for Koptcho) Ron Turo, Esquire LAW OFFICES OF RON TURO 32 South Bedford Street Carlisle, PA 17013 (Attomey for Plaintiffs) Karen S. Feuchtenberger, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17101-1268 (Attomey for Rightor) Edward L. SChorpp, Esquire 127 West High Street Carlisle, PA 17013 (Attomey for Sweet) C.Jp~ lJ. Bpd Cynthia D. Byrd '. NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5457 CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants ORDER AND NOW, this day of 1998, upon consideration of the Motion filed by Defendant Myers, a hearing is hereby scheduled In courtroom of the Cumberland County Courthouse for _ o'clock on .m., on .1998. BY THE COURT: J. (c) Past and future pain and suffering; (d) Past and future loss of life's enjoyment. (Plaintiffs' Complaint, paragraph 20). 6. Plaintiff was deposed on or about April 16, 1997. At that time, she testified that, "what I do during the course of a day, I work mostly on the trust." (Deposition of Plaintiff, page 61). 7. Plaintiff testified that it was a family trust in which she was appointed trustee in 1994 which was approved by the Court of Common Pleas of Juniata County (Deposition of Plaintiff, pages 61-62), 8. Plaintiff testified that her duties include managing 12 tracks of timber ground throughout the state of Pennsylvania comprising over 5,000 acres, working with foresters, and basic management to take care of the ground. QQ). 9. Plaintiff testified that she managed a staff of two part time people and does a lot of bookkeeping with those people. QQ.). 10. Plaintiff testified, "I manage a band of attorneys, I work with accountants, I do a fair amount of work on days that I feel well." QQ.), 11. She ,testified that she works more than forty hours a week on her trust duties. (Plaintiffs deposition, page 63). 12. She testified that she is compensated at an hourly rate of $100.00 per hour and that she maintains a log and a calendar with regard to her work hours, (Deposition of Plaintiff, page 64). 13. Plaintiff agreed at the time of her deposition, to provide a copy of those documents to her attorney. (Deposition of Plaintiff, page 64), 14. After the deposition. Defendant sought to obtain records with regard to the activities of Plaintiff and her eamlngs. 15. Defendant forwarded Supplemental Interrogatories to Plaintiff to obtain this information. 16. Defendant did not receive a response from Plaintiff and filed a Motion to Compel Discovery for which this Honorable Court issued a Rule to Show Cause. 17. Counsel for Defendant agreed to hold the matter in abeyance until counsel for Plaintiff could confer with his client on this matter, a copy of correspondence from Plaintiffs counsel is attached hereto and made a part hereof as Exhibit "A", (March 23, 1996). 18. Counsel for Plaintiff then responded by correspondence of April 24, 1998, a copy of which is attached hereto and made a part hereof as Exhibit "B". 19, In that correspondence, counsel for Plaintiff indicated that his client was "adamant about not providing any financial information to you in regards to the trust. If you believe that you still need the information, you will have to get a Court Order forcing my client to turn that information over to you. It is our position that this information is unnecessary as to the case.. 20. The information sought by Defendant is relevant as to the issues as follows: (a) Plaintiffs claims to past and future lost wages; (b) Plaintiffs claim of lost of future earning capacity; (c) The veracity of the averments of Plaintiffs Complaint, including but not limited to her statement that the injuries prevented "her from performing all or substantially all of the material acts or duties which constitute her usual and customary daily activities and usual and customary employment activities; (Plaintiffs' Complaint, paragraph 18); AND NOW, this day of , 1996, I, CERTIFICATE OF SERVICE Cynthia D. Byrd, a secretary in the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first-class, postage prepaid, to the following: Stephen L. Banko, Jr., Esquire REYNOLDS & HAVAS 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-0932 (Attorney for Koptcho) Ron Turo, Esquire LAW OFFICES OF RON TURO 32 South Bedford Street Carlisle, PA 17013 (Attomey for Plaintiffs) Karen S. Feuchtenberger, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17101-1268 (Attorney for Rightor) Edward L. Schorpp, Esquire 127 West High Street Carlisle, PA 17013 (Attorney for Sweet) Cynthia D. Byrd ~ ~. " "1\~ .-, G .. f.. - "",1 .~U Turo Law Offices RON TURO, Esquire ROBERT J. MULOERIG, Esquire USA M. WHISTLER, Esquire MATT McCLENAHEN, Esquire 32 South Blldlord Slree\ Carib/e. Pennsylvania 17013 (717) 245-9688 (800) 562-9778 FAX (717) 245-2165 March 23, 1998 Douglas B, Marcello, Esquire Thomas, Thomas & Haffer 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 RE: White-Vencil v. Myers et aI Dear Doug: I am writing as a follow-up to our phone conversation of March 19, 1998. As I indicated to you we will be reforwarding the supplemental interrogatories to Ms. White-Vencil for her review and, hopefully, answers. We also will be forwarding to her the medical releases which you had prepared for her signature. it is my hope that she will retum these to me within the next twenty (20) days and we will be able to complete discovery in a timely fashion and move forward in this matter. Based on our conversation you have agreed to withhold any further action on your motion to compel discovery based on my Willingness to provide this information. Obviously if Ms. Vencil-White is unwilling or unable to provide information we will then have an opportunity to bring the matter before Judge Hess for a ruling as to privilege or irrelevance. Your professional courtesy in withholding any further action on this matter is greatly and sincerely appreciated. I look forward to being in touch with you just as soon as I have an opportunity to review this matter with my client in detail. ./, ,/\~ I Since YI urs, . I ' f/ : . t!~tf . RON TURO, ESQUIRE RT/kac ---, cc: Nancy White-Vencil ~eJ'/I1(JliCJ:::.. Iflillc!IlY:. ll/;g8~ u{Cmlmll't"IIIsylt'lIIill, I~C. Kaye M, Riolo. M,D, Donald R, Mackay. M,D, Peler Giesswein. M,D, William p, Graham. 1/1. M,D, John p, SlraUs. M,O, Lawrence K, Thompson, 1/1, M 0, a16 Belvedere Slreel Carlisle. PA 1701J (717)249.0100 Fax (717) 249.8889 650 N, Twelfth SIr... Lemoyne. PA 17043 (717) 76J.9766 Fax (717) 76J.mO 4700 Union Deposil Road. Suile 240 Harrisburg. PA 17111 (717) 541-430J Fax (717) 541-4446 March 31, 1998 Ms. Nancy Venci! 3 Latchgate Lane Mechanicsburg, PA 17055 Dear Ms, Vencil, I was very glad to see you again today. I think that the lillie breast mass that you have detected on the right is probably a bit of fibrous tissue since it does not show up as a cyst on the sonogram. However, I agree with Dr. Soto-Hamlin that it would be prudent to consider removing it. This has to be done very carefully to avoid any chance ofinjury to the implant. It would ieave a very small mark on the lateral aspect of the breast as the incision would be made directly over the mass, You expressed a number of concems to me regarding the problems of your facial structures that have occurred as a consequence of your 1993 motor vehicle accident. Chief among these are your nasal profile and contour, a lack of upper lip fullness, a lack of support to the outer aspect of the eyelids with "sagging" of the lower eyelids. Additionally, you have concerns aboutlhe asynunetry ofthe forehead, the prominence of the folds extending from your nose past the corner of the mouth- amI what you refer to as crapiness of your upper eyelids, 1 spoke with you about a consultation with Dr. Thompson, whose opinion I regard highly as far as an individual who is experienced and extremely competent in this area of surgery. I am concerned that your goals and objectives may be far greater lhan that which can be achieved by surgical intervention, You are nol going to be able to return to your preinjury status no mailer how much surgery or no mailer how carefully it is done, The things that are available to us are freeing the scar in the forehead area to try to reduce the wrinkling that occurs because of the damage to the muscle, fat injections of the upper lip and along the folds from the nose down past the mouth, removal of the extra lower eyelid skin, and possible Plasllc1Cosmelic Surgery' Breilsl Procedure.! . Micro SurgelY . laser Capabililies . Hand Surgery Olrth Defeels . Endosccpic Plashc Surgery' BlOmedic Skin Care ProlJram SI.,Ie licensed Surglei'll F,KiMy On-Sile , exhibit B NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs IN THE COURT OF COMMON PLEAS OF v CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR and OKLA SWEET, Defendants NO. 95-5457 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 2nd day of July, 1998, this matter having been called for argument, it is directed that the plaintiff respond to supplemental Interrogatories 1, 2 and 3 within thirty days. By the Court, Ron Turo, Esquire For the plaintiffs ~~las B. Marcello, Esquire v' For Defendant Cheryl L. Myers Michele Thorp, Esquire For Defendant Koptcho Edward L. Schorpp, Esquire For Defendant Sweet . /J Ii. Hess, J. :bg TRO!.: C.')?'f F?OM RECO~D _ t L.. I I-~I",}" -1"" ~~f m'1. -':l'-d I" 'L'\~:' Il.....r-\I'.-I..~.',.....,..... "," Of ...;..... ....\.. ,"Afl .. IV~.' "-.0" ...... 0.. .. an:l the :;.J.r.i o! ';i!.;C G?J.:~,ca(!;~\::;, (=... ihis ~ ~ l!a~ ell ~~~! ' 19 ,tit' (1..,. I Ill" # I Prolhlmolary ir. \ll ~ ~~ " ~s .. - (,.)$ - is ~ l.j;;.;' /ii~' c":,:-..tio; 0 .\!t.~ ~t1~: - "'2 ('J {- {~ .... -\4 c.r; ')~ ~ -'. - ~d . oG 5 ~ ctl (,I' I.) ~ ~ ~~~ I 'ii !i : ~ ;. ~ :l t:!5 I ~ d :! 0 a: Ii ~ : ~ l'l ~ . .. o ;:: i Ii a: :> .. .. i ~ " . AUG 2 . 19~ . '. . - . ~ , .. .,...;"""~~ .....- .'.".........,..~.~_f_ ",.: ~ Ch ~ In If ~ 8::<: ~ ~ 0;:;: c C") ->@ Ii..- .~ ..., .... I .....)~ ~l.J ~ rCdj ,:, W E._a.:: 1.1. ~ ~ 0 , ' NANCY WHITE-VENCIL and MICHAEL VENCIL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5457 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiffs v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants MOTION TO COMPEL 1. Defendant Myers moves this Honorable Court to compel Plaintiffs to produce discovery relevant to the claims and damages alleged In the Complaint. 2. Plaintiff, Nancy Whlte-Vencil alleges that she was injured In an automobile accident that occurred on October 29, 1993. 3. Plaintiff alleges that as a result of moving Defendant's negligence, that she has suffered personal injury. 4. Plaintiff makes the allegations with regard to her personal Injuries that the Injuries have prevented her "from performing" all or substantially all of the material acts or duties which constitute her usual and customary daily activities and usual and customary employment activities" (Plaintiffs Complaint. paragraph 18). 5. Plaintiff alleges that she has sustained damages including the following: (a) Past and future loss of eamings; (b) Future loss of eaming capacity; . ' (c) Past and future pain and suffering; (d) Past and future loss of life's enjoyment. (Plaintiffs' Complaint, paragraph 20). 6. Plaintiff was deposed on or about April 16, 1997. At that time, she testified that, "what I do during the course of a day, i work mostly on the trust." (Deposition of Plaintiff, page 61). 7. Plaintiff testified that it was a family trust in which she was appointed trustee in 1994 which was approved by the Court of Common Pleas of Juniata County (Deposition of Plaintiff, pages 61~2). 8. Plaintiff testified that her duties include managing 12 tracks of timber ground throughout the state of Pennsylvania comprising over 5,000 acres. working with foresters, and basic management to take care of the ground. (!g). 9. Plaintiff testified that she managed a staff of two part time people and does a lot of bookkeeping with those people. (!g.). 10. Plaintiff testified, "I manage a band of attomeys, I work with accountants, I do a fair amount of work on days that I feel well." (!g.). 11. She testified that she works more than forty hours a week on her trust duties. (Plaintiffs deposition, page 63). 12. She testified that she is compensated at an hourly rate of $1 00.00 per hour and that she maintains a log and a calendar with regard to her work hours. (Deposition of Plaintiff, page 64). 13. Plaintiff agreed at the time of her deposition, to provide a copy of those documents to her attomey. (Deposition of Plaintiff, page 64). 14. After the deposition, Defendant sought to obtain records with regard to the activities of Plaintiff and her eamings. 15. Defendant forwarded Supplemental Interrogatories to Plaintiff to obtain this Information. 16. Defendant did not receive a response from Plaintiff and filed a Motion to Compel Discovery for which this Honorable Court Issued a Rule to Show Cause. 17. Counsel for Defendant agreed to hold the matter in abeyance until counsel for Plaintiff could confer with his client on this matter, a copy of correspondence from Plaintiffs counsel is attached hereto and made a part hereof as Exhibit "A", (March 23, 1996). 18. Counsel for Plaintiff then responded by correspondence of April 24, 1998, a copy of which is attached hereto and made a part hereof as Exhibit "B". 19. In that correspondence, counsel for Plaintiff indicated that his client was "adamant about not providing any financial information to you in regards to the trust. If you believe that you stili need the Information, you will have to get a Court Order forcing my client to tum that information over to you. It Is our position that this Information is unnecessary as to the case." 20. The information sought by Defendant is relevant as to the Issues as follows: (a) Plaintiffs claims to past and Mure lost wages; (b) Plaintiffs claim of lost of Mure eamlng capacity; (c) The veracity of the averments of Plaintiffs Complaint. Including but not limited to her statement that the Injuries prevented "her from performing all or substantially all of the material acts or duties which constitute her usl431 and customary daily activities and usual and customary employment activities; (Plaintiff's' Complaint, paragraph 18); MA~ "G ,.::~ ..... .4.../J Turo Law Offices RON TURO, Esquire ROBERT J, MULDERIG, Esquire LISA M. WHISTLER, Esquire MATT McCLENAHEN, Esquire 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 245.9688 (800) 582.9n8 FAX (717) 245.2165 March 23, 1998 Douglas B. Marcello, Esquire Thomas, Thomas & Halfer 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 RE: White-Vencil v. Myers et. al Dear Doug: I am writing as a follow-up to our phone conversation of March 19, 1998. As I indicated to you we will be reforwarding the supplemental Interrogatories to Ms. White-Vencil for her review and, hopefully, answers. We also will be forwarding to her the medical releases which you had prepared for her signature. it Is my hope that she will return these to me within the next twenty (20) days and we will be able to complete discovery In a timely fashion and move forward In this matter. Based on our conversation you have agreed to withhold any further action on your motion to compel discovery based on my willingness to provide this information. Obviously if Ms. Vencil-White Is unwilling or unable to provide Information we will then have an opportunity to bring the matter before Judge Hess for a ruling as to privilege or irrelevance. Your professional courtesy in withholding any further action on this matter is greatly and sincerely appreciated. I look forward to being in touch with you just as soon as I have an opportunity to review this matter with my client in detail. //) / ~ibr+rs. ./ (W , RON TURO, ESQUIRE RT/kac ...I cc: Nancy White-Vencil ~{'.sllJeliC~. , lrtillC!il"fJ. lI/ge~'i William p, Graham, III. M,O, John p, Slralis, M,Q, Lawrenca K, Thompson, III, M 0, uf Ct'IIlftlll"'/Il1.5r"'tlll/lI, I~C. Kaya M, Riolo. M,O, Oonald R. Mackay. M,Q, Paler Giasswain, M,O, 616 Belvedera Slreel Carlisla. PA 17013 (717) 249,0100 Fax (717) 249.6689 650 N, Twelllh Slreel Lamoyne. PA 17043 (717) 763,9766 Fax (717) 763.7710 4700 Union Oeposlt Road. Suite 240 Harrisburg. PA 17111 (717) 541.4303 Fax (717) 541.4446 March 31, 1998 Ms. Nancy Venci! 3 Latchgate Lane Mechanicsburg, PA 17055 Dear Ms, Vencil, I was very glad to see you again today. I think that the Iillle breast mass that you have detected on the right is probably a bit of fibrous tissue since it does not show up as a cyst on the sonogram, However, I agree with Dr. Soto-Hamlin that it would be prudent to consider removing it. This has to be done very carefully to avoid any chance of injury to the implant. It would leave a very small mark on the lateral aspect of the breast as the incision would be made directly over the mass, You expressed a number of concerns to me regarding the problems of your facial structures that have occurred as a consequence of your 1993 motor vehicle accident. Chief among these are your nasal profile and contour, a lack of upper lip fullness, a lack of support to the outer aspect of the eyelids with "sagging" of the lower eyelids, Additionally, you have concerns about the asymmetry of the forehead, the prominence of the folds extending from your nose past the corner of the mouth ami what you refer to as crapiness of your upper eyelids, I spoke with you about a consultation with Dr, Thompson, whose opinion I regard highly as far as an individual who is experienced and extremely competent in this area of surgery. I am concerned that your goals and objectives may be far greater than that which can be achieved by surgical intervention, You are not going to be able to return to your preinjury status no mailer how much surgery or no mailer how carefully it is done, The things that are available to us are freeing the scar in the forehead area to try to reduce the wrinkling that occurs because of the damage to the muscle, fat injections of the upper lip and along the folds from the nose down past the mouth, removal of the extra lower eyelid skin, and possible Plasllc/Cosmelic Surgery' BroaSI Pr~coduros . Micro Surgery' Laser Capabihlies . Hond Surgery SII1h Oe'ecls . Endoscopic Plashc Surgory . Slomedic Skin Caro Program Stale licensed 5U10II;:31 Facihtv On.Silo . ~MAY 2 9 1998 ~ . , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1995-05457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VENCIL NANCY WHITE VS. MYERS CHERYL L R. Thomas Kline . Sheriff. who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: SUITE OK LA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within WRIT OF SUMMONS On December 5th. 1995 this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge DAUPHIN COUNTY 18.00 9.00 2.00 30.50 e~~.o0 ROBERT P. KLINE 12/05/1995 So answers:/ j.' ' ./" ,f ~:/ .;'/......".- '/ v::/~.-<'L ~:/X~ H.' rho mas Kline, 5heri.ft Sworn and subscribed to before me this '11b day of ~-I-..... 19 '1 0(' A. D. n t..-Q n..'o~ ~ '---f:1 t'rothonotar,.- -d ' " .---.-..-.-- ., :...,.1,.a'O.................. .....;.....~;.,;....:..,...,.,:. . '.. '_..... ...., " \;1 ihe Court Of C.:mmon ?le=:s of C:;r:::"-::::lri:nd C:,:u~~'Y/ Pannsylvc:ni:: Nancy White-Vencil and Michael Vencil 'IS. Okla Suite (Sweet) ::-10. 95-5457 Givil Term ':) .-- :iow, Nov~mber 21. 1995 ~9_ r. SE::?.!::F::O- 0:;' C-:nG.:.:'~A."ID CO~'l""!. ?.-\,.. CO h=::Jy ci..::u= th:: ':0.::3' oi Dauohin Cau:ty :0 ="-:::1:: .:.;'1 'tV:::, ,.. ., . .: l. . .. . =.:s =u:::cn =~!'lfl' -.. - :Lt :-= ::::u:::= ::C1 :":SJt Ot . ---" . ::e ?''':-::i'. - ..;;,' ,...~d .....:; . ,/" .'; " .,,> ..~--- -~~f. ..,..,.,:......(. 1_.d~ r ...,J-'" ~~~o(C==~~dC~=~?~ . .A. .;:jcavit Or Se..-n~ So =-=. ~-'... of CaWlCT. :-. Swoc :md sui::sc-J:d l:c:cn:: =: :::s or oi 19_ CO51'S su.'V1:CZ ~1:!:U.-\GE .~:J.l.)A-"-rr oS "---- s t_ '"-J NANCY WH1TE-VENCIL, and MICHAEL VENCIL, Plaintiff. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 95- ,S'J-IS'] CIVIL TERM : crvn.. ACTION. LAW : JURY TRIAL DEMANDED CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SUITE, Defendants WRIT OF SUMMONS TO THE PROTHONOTARY OF THE SAID COURT: Ple8lle iaaue a Writ of SummoDII on the following Defendants at the following addreaaetl: Cheryl L. Myers 342 East North Street Carlisle, PA 17013 (Cumberland County) Denise Koptcho 26 Sullivan Street Swoyersville, P A 18704 (Luzerne County) David Rightor 35 South Baltimore Street DUlsburg, PA 17019 (York County) Okla Suite 612 Range End Road, #33 DUlsburg, PA 17019 (York County) Respectfully IlUbmitted, LAW OmCES OF RON TURO \O~qS Date ~j ~V~C- Ro rt P. KlIne, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for PlalntllT. ~ ~ ..::: ~~ ~ ~~ Q: " ~>- :Ii"i ~ ...-:": -.J ::C , r:t..1I) ~ ~ "'- '11<< ....I "" :::.?" ..,) ~ e -:> '-' , t'- N C' p vI 0 M ~~ ~ ~ :t\ ....... - '" .' ... ~ :::J.. '-' VrY. = ';)0... b, '- '; ~J ~'~(} -.y--) )bbl '"C ~'1.,,>.,.1')l --rr' .. p. > C/ _.->,....'v,y~ J. 1-n'rY) j I .j.J .- I . ~ ~~ 1 .S U)M E8 ~~ . . 1 If .. ~~'QJI I j ~ ~CI) j~ ~~l~ I ~~~ ~ 1< ~~ii! 111 I . . I 1 llo.:SQJIt'l I 0-1 QJ ~: U) ;:10-1..,. I ~iJ 4 E&~~ 1 iJ~~ I I ~~ 12PlB~ I 1 ~ I I I . . .- ~, ~,;HEHIFF'S !\ETlIRII ' OUT OF CULlllTY CASE NO: 1995-05457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VENGIL NANCY WHITE VS. MU_KS CJJ).';EYL J",,________'_ Jiz.JhQJ!lj)~u..~_______~._' Stler iff, who bej,Jlq duly <:3\o101"r1 nCGoI'rJin9 to law, says, that tle olade ~. dilig~n~ searctl ~nd lrlquilY for th~ within named defendant., to "i t: ,!\Q!:.I 1:;:H.9_,[l1-~J!.1..s::: _.~.....~- _._-,_.,--_.__._-,,,-~.,,.._- - _.'- ._.--,-----~#._---- -------- .___,_______. _.___~~_~,__..._~_._._h_._""_._._...."'..w,_^_. .-..... - .~.._-.+---.~~.._..-...---------"-..- but lias unable to locate ____._,___.,_~J!gr____.~~_'''_ lrJ his bail.lwick.. H,-, tht'refot'p. dep~ltJ.=E'd the sherlff of __,_L,m:,l;:B.ll.s..-----,--,-- County. Pennsylvania. to se r v~, thE' " 1 t h i. n ,w lU,J_Qf_ Sl,!l1J].Q!.J..2,___,____ ,..----,..--,-..'-..-- -----,--,..--' '" ---- _.._.__.~..,._._--._..~. ..--'--."." ~_._...- _..,~...~-~_.._~...-. '.--'--" .-._---_. ..._.......~._._- .._".._.~.__.._.--.~_.._-_.__...._---_...-- On November' 9t h ~....'__"____ _...._.",'_-' ___..__..._1.. .. 1 ~':!.~~ l!lis of11(:0 w~s 1n r~?c:'r;}l.pt i.,f t.h(~' Cl t t actp~.d n:~t\Jr n i rom .__H,___!--_l!;;;ERf1f..-.----~--.-~-.-----., Coun t y, Pennsy 1 van,tu. ShL"'r~ff's Costs: [locket i nQ Out of Chunt}' Surcharge LU::ERNE ':OUNTY S I) .,j n ~--: W e 1;:7": h:~>J .//;/ /.~/ / t~~lC/~'~~P ,r;" ,/', ~ ,7/',~. ..;.~~ R:--'Tll(;ln~~~ --1\ i irIE';-;--Sh-f';i:"Trr .---...-----~..._-- 5W')1-n ;;If,d ~;ubscr 1 bt.?,j 6.00 9.(')\') 2, ~l"l 2r3. (~(l) $4(1''-0'01 ROBERT F', r:LI lit: .J3.-IO llh.,':I)/l'-7-i9':' I. '7, .rt:> j.,..."" .\~ 1.\ ~ ._.t"-D':"'1 (,,-." '11..."lo ~..tll~'; _.:J:f~__ ,j:J',. {-'l ~-~..~. I ;' ,'J_<-,_ A. [>, "-"-').7. 1.4.. 9".111,1'" ~J.I,~~. ,'I-~': r rr'l.. lnll"t;'1 'f' ':: Ii Ef\ 1 FF':~ HETUI," - OUT "iF ,',Ii}~; ,"{ CASE N0: 1995-05157 P COMMONWEALTH or PENNSYLVANIA' COUNTY OF CUMBERLAND '{,pI c I!~,l!A1l.C Y J:I.!lLTJL'____'______, V5. MYE;R~...s;l:tE;!lYI,. L __R..____11l9.~,!ltL K]' J n ~__.__ Sh(,rlff, who b.}lr~q duly svorrl accord1oy ._,-_.._.,""'"...._-~.._,.... t(.l l::lw, :Jays, that hr! mi3dr;;- ;J di 1 iq(>rd. ~~:(.~;jrc:h ;:lod inquir,' lor ttH':"" Wl t.hin na10ed d,:'f.::.-ndaot., to 'Wit.: :::\!JI.1Lm~!-L__m' --,,-....-.-.......-..-.- .--'" --_.,_.--."..-... .,--~- --,~~~-.--.-'- ------~-*_.__._._--,-~..,..,------_._-_.~~---_.__._+ --*--_.,-_.....~..__. ._~-_._._.~_.._~_. but 'Was unabl~" to locate __.__.~.._.__~_Jif:}::.___.____. J.n hlL'-; b::alll'W1Ck. H€? ttH=,r!~"for€> (fftpU~,l::(?d the l~hprlff (If ____.!..QHV::.______~__._...., (,(1unty, Penns)'lvunia. t (l ~~ C> 1- v '? t. 11 e wit h ~ n ~J.I_.12E_ .f2.V.t1 tlQ.N;;___.__._~__.._______.__.,,_,._'"' ,~.~ .-~---.---------"--- -_.. _._---"._+.~._-- .--- ---~_._--~--~_."-,-_._,----~_...~---_._._~-_..._-----'---_..__.~..._-----~-_.~---_.--------- .~_.._----..__.., On ~Jto_\,'!?_~b~.r:___.__2'.iJ!L.__.l35~_~_~~_.,_._+..____.__.~, t.h18 of.11C'e was 1n reCf'!lpt ('f ttle ~ttach~~ return from .._._>I9.B~h;_. "______"__.~...._"._~~__.__.."__.~_ CQU n t y, PJ::ll n:; '( 1 'I an.1 a. Shf?rlfi';:: Cost;]: ::'() .,;~nL:~.f~'Lt:;;: ./' ". -~/.,,.) /'.:- .~/< ;< V:j',,~// " / " /.....' .t'f'-"" ..t.' .',:!', F. 'Thqn'ld:'; ...I,:rfri6~..-~-Sh9rl-Cr _u.._ De>d-:(?t 1 nq Clut of CIJtJn.~'l SUI"ch;)rqe 6,00 . N) 2. l~~~ ';);9:00 RUPERT P. EL,Im: 11 I \i'j'~j / 1 ':i'-;I \~. S~orn Qnd ~:ubsGr~bed to t_hl~3 _~.9_~ ;~dY (11. ~~.. \ "__'l-f.__ ,,-, L h(~t I)J-e ,,~ fO' 1...- ,_, ,> \, ~..~. ,~!., ~. .~'t~. w ~~ ;':(',I')f)I),,"11:: .' .' ~3HEfll FF'~; Id,:TUhN ' (iLlT OF (T'-ilITY CASE NO: 1995-05457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~E~Cl~ NANCY WHITE V5. 1iV_ERS CHERYL L ,Jh_Tho~ms KliDS:..'__'_________. Shor~if. "ho being duly Ol"orn according to law. sayu. that he mudo D diligent search and inquiry for the "ithin nOI'"ed d<:-f<.-ndant. to wU: _RJJU:l.IQR,_[II\.YlJ:,____________ but "as unable to 10cate___Jik!"_,,_ Hi his baili"ick. He therefor'<:- do?put~=ed the sh'.?riif oi .._,_---10RI~___,__ to serve the "ithin _)>IRJLQF SUMMOtlS _,_ County. Pennsylvania. ~.~.._-~.._.._---- On .._NovembJ?..!.:..-,-';l.th...-)..7.sGL--,---..... thuJ off lce was in receipt of the attached return fram YORI\ ____.___ County, Pennsylvania. SherifL's Costs: So ;:JCiSwers'y'. :;1' / /./ -:)/ //;/ R'--/.T 1--.:.~~1:I:/-: . ':~---..,.-,-,-,,--,--,- . lOrn;]$" n in'?, ~llPr.l.c.1. Docketlng Out, of County Surcharqf? YORK COUNTY G. ~'0 '3. 0~1 2.00 50.00 s'b7:1:\t'J ROBERT P. KUHE 11/0'3/10::':)':) Sw~rn and subscr~bed to before me thlC> ...P~, day of~,...e..,~_..___, 1 '3,_ ~{_ .\. ['. ,-, ~'~" ~-'~"'~1' "I-I"~ ~ ,eI u'~ II..IO(I_(ll:-:';"-I- .' SIlEF\ 1 FF'~; EETllhH ' hEbULAi, CASE NO: 1995-05457 r COMMONWEALTH OF PENNSYLVAHIA, COUNTY OF CUMBERLAND YENI~:ll' NANCY WtlIT~______,..,_ V5. MYERS CHERYL ,\-.. .J1.1<;: H A ELh..!tA R R I C!5 _, Sheriff or Dt2put.y Sh~rit'i of CUMBERLAND County, Penns)'lvorlla, Io'ho be'H'Q duly ,,"'<'rn accordlnq t.o 1010', "laYs. the Io'ithll1 WB'LT_.'1lf..'?VI1.t!'QU2'....'..._....'''....'.....'___._....' Io'af,] 1i""I'ved upon ,MYERS CHERYL L ,-jef,;ondan to a t ,J,.'l.gg:t:..~1.l'1 1I0URS, the on th(' ..~~.t.l.! Jay (I f t!9_'::.~_!!lp. .'"~_L. 19~~, at 60 EA~T PENN STR.!':.LL_ ....__.___ CARh,L$J-.EJ.-P A_U.~.l3 ..._.___ '" _,.,"._,._...,',_____ ,----.,------,_..', ~PJ1J?ERLAN[~_,___,_, Count)', Penncylvanla, by handlng !,.:> fJ,AB.Bt'BA,_t;;:_~ijJ1b.lJ.Ql!l__t:!QIJ[r;"~,__...___,__ a tnH? and ..ttl?st"d copy oI tl",. ..WR1LOF ..J311!'t!1Ql1.!?.,..,____,_,____, and lJt the same time dirli-'ctin9 !i.!-":'..L 3tt~nt~Qn tl,) tln::- CI)nt~?nts ther~'of. Sh~I'lff'5 Costs: DCJ(:l-:et i nQ SerV1C~:' . Affl.davit Surcharge So "rl~'Io'.,>r,,:, _.A. j, ~_'" J':..,..~ ~~4' 18.00 ~~~7~ ~: ~8 R:Tl"J"":;r:Tin~~,'Sh.,.lrf.c -'......-----,'-, ;~~2;8\C1"ROBERT r. KL~g /1~ 7' 11/O~;;Ir..'Y, ~/~ v, "y ~~,~ ,:,iTf"----"- Sworrl ~nd subscribed to ~~fore m~ this ~_~_ da}' "f~, 13__1..{.. A. [I. -,(\ ,Q.~-VpJ;' .~ r-.rot.llcln"-J~.i-'!''l Ii: in:.! Court or C=mmo:1 Ple:::s or C:.Jr.-::..-:,:!t'l:nd C:.::r.::-;~'YI Pam:syl'lcr:i:: Nancy White-Vencil and Michael Vencil 'is. Denise Koptcho ~o. 95-545~ Civil Term '.:I .-- ~ow, October 26. 1995 :'9--.. r. S~..z:~ OS' C~G::::?..:!..~'lD CO~TY. ?_~ co h=::,y ci..;:u= t!::: .:n=:: of . . Luzerne ,..-,- .. '-'lu::ty :0 ==--:-.1tc --'.- ,.. .... ., . " " -,. .- _4 ~-=u=:cn 1W~"fI -.....- :1t :::: ::::u= ~a. :-~ Ot :.:::: :::1.:::::1'. . -... . r"~~~ Sl1e..~ at S::::!lu'..:u:d C~u:rr. ?:I. Affida.vit or Servi~ ~ MONDAY, OCTOBER .;QW, _ 30TH, ,095 .- ..1 :20 . -. o'dea P.;., . ....&.. 1:"'.-:=0 ::= wi.;":", WRIT OF SUMMONS IN CIVIL ACTION 'Jpoll DENISE KOPTCHO ~t HER PLACE OF RESIDENCE, ?6 SULLIVAN STREET, SWOYERSVILLE =r =~:.o HER FATHER. GEORGE KOPTCHO J. .._~! ci = o:=~ "-..I 2nd -,':. k::owu :0 HIM ::.: -:=:u=::s . . :.:::.-::t. w ?~ ?4/~~~--- LT. FELIX WAWER ~.*JJj~J-J~~~ ~;'''';.:;' ol LUZERNE eoWltT. ?~ So =we:, 5wcr:: :md S'.ll::sc-.D:d bCcrc ==:::1 2ND oy oi NOVEMBER 1!?..2.L COSTS ~V!c:z ~lq.OO ~c:::u:.~.GE "nn .-\::IDA;-rr s " ~ _ 1'_.. .. I'- S23.00 1_ '-J \V::-~ ... ": :...;,o!lo;........-_,.... ......~..'...;...:..:...:. \., ihC'J Court or C.::mmO:1 Pie::s or .C:.Jr.-::::::lt'i:md C-=u:-;~YI Panr:sylvcr:i:: Nancy White-Vencil and Michael Vencil 'is. David Rightor ~o. 95-545l Civil Term ':1 .-- :'low, October 26, 1995 :'9__ !. S~~? 0:::' C":ntSZ?..!.A.'lD CO~"f. :.0\..., co h=:by ci.::u= t1::: or=:=- 01 York C:n1::ty :0 ~.1t: -:.~. \V:::, ... . "'. .. . .. - -"I =-::uc:cn ..:::1f -.....- u == ~ =0. :-..!Jt 01 ::: :,..:_=. r'~~~<:~ 5l1e.."1:!f at C::::::er'.:u:d C~w::tT, ?:L. . Affida.vit or Se:-nc::: ~OW, Novelliler 2 !!? 95 7:40 o\:!cc: P ~c. 1::-.-= . -. . ... == ~._." Sunrnons in Ci vi! Action ..1::oa David Righter . :1t 35 South BaltimOre Street, Dillsburg, York County, Pennsylvania by::u:~:o David Rightor, personall . true and attested c:py ci ::e o::~..1 Sunrnons :md -..:. Cawa :0 him .. ::.e :::U:::3 . . ::::'-::1. So =w=. ~Jd {.t1?ld~. Shc:a' of York CDUAtT, :So.. NOTARIAL SEAL Wallis W. Rhine. NOI.ry PubloC aun PennsylvanIa My t:nlTlml'SIOn xPlr~5. MOICh 2ft. t 999 ccsrs ::.c...~""'-IC::::: ~GL::.AGE .~: wA vrr S 23.00 23 00 4.00 SWOl: :me! S::C:sc:-:b::i bc:= 6th 6y oi November l!? 95 . S 50.00 (Paid) r_"_1 SCOTT E. SHEWELL CHIEf DEPUTY EDWARD C. ROBERTS SOLICITOR KENNETH L MARKEL SHERIFf WALUS W. RHINE RIAL UTATI DEPUTY NANCY WIIITE-VEN:IL and MIOIAEL VEN:IL . . IN TIlE COURl' OF COMMOO PLEAS OF CUMBERLl\ND COUNTY, PENNSYLVANIA vs. No. 95-5457 CHERYL L. MYERS, DE1lISE KOPl'CHQ,: DAVID RIGH'roR and OKIA SUITE AFFIDAVIT OF SERVICE I, Kenneth L. Markel, Sheriff of the County of York, Commonwealth of Pennsylvania, after diligent search and inquiry as to the defendant, OKLA SUITE (SWEET), one of the within named defendants, do hereby returned, Summons in Civil Action, NOT FOUND in York County. Defendant moved to 4203 King George Drive, Apt. B, Harrisburg, PA 17109-1421. Sheriff's Costs (Paid) so Answers, ~/rm~ KENNETH L. MARKEL, SHERIFF OF YORK COUNTY SWorn on this 6th day of /lovcrrber, 1995 1 '-/7)-4.:1-);; ,J e:%a-J/j Nolaltal Saal M.n... J, Om.. No~1l' Publ1c Vorl<, "" C )unty MV Commission bP;ICB April ao. , Q98 NANCY WHITE-VENCIL, and MICHAEL VENCIL, PlalntllTs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5457 CIVIL TERM CIVIL ACTION. LAW : JURY TRIAL DEMANDED CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SUITE, Defendants PRAECIPE TO THE PROTHONOTARY OF THE SAID COURT: Please reissue the Writ of Summons on the following defendant at the following addretlll: Okla Suite (correct spelling'Sweet") 4203 KIng George Drive, Apartment B, HarrIsburg, PA 17109-1421. Respectfully submitted, LAW OfflCES OF RON TURO II 111JcS; Date ~~tJ0-(~ ~rt P. KlIne, 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for plalntll1's N 1'I ~ ~ In" 0 ~llh~ ~I!l~~ ..I i ~ q ~ ~IE~lLl ~ c ~ ( 8 w N Z 1'I o . I ~ ~~ ~~ t COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs : No. 95-5457 civil Term . v. CIVIL ACTION - LAW CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR and OKLA SUITE, JURY TRIAL DEMANDED Defendants PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment ngn ~. Respectfully submitted, REYNOLDS & HAVAS A Professional corporation Date: / vjJ311 ( By: L. Banko, Jr. y 1.0. #41727 101 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Denise Koptcho Blll& TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment ngn ~. I , I I I': ~ ~l~.. /~, Date ty If(jfj , ,. ~.,-._..-",....._....._.""~_..-",.",,=._,,,,~,.._-$"-" ., ~ N ~~ In II .. - x: c.. "I z- en ~ ,j - ~ U LaJ ~ C rJ l5 In en N ~ ~ III j ~ ~ di ~ > ~ w ,.. ~ ~ qN" :rAP~i ~18i~j> oJ e.. 0 o ~ 0 a: Z E" ~ ~q i a: ~ if ( ~ J: 8 w N Z t'l 011I l t'l ~ ~ ~::: !:: I .... ~ . " CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the /,(4 day of December, 1995, addressed as follows: Robert P. Kline, Esquire 32 South Bedford Street Carlisle, Pennsylvania 17013 (Counsel for Plaintiffs) Mr. David Rightor 35 South Baltimore Street Dillsburg, Pennsylvania 17019 (Defendant) By: Ms. Cheryl L. Myers 342 East North Street Carlisle, Pennsylvania 17013 (Defendant) Okla Suite 612 Range End Road, 133 Dillsburg, Pennsylvania 17019 (Defendant) REYNOLDS & HAVAS A Professional Corporation r6J.JA~ ai', d;~ Sharon Dell-Gallagh ,'- Secretary v. NO. 95-5457 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED , , I L NANCY WHITE-VENCIL, lII1d MICHAEL VENCIL, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA CHERYL L. MYERS, DENISE KOPTCHO, DAVID R1GHTOR, lII1d OKLA SWEET. Defendanl.ll NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the c\almll set forth In the following pages, you mUllt take sction within twenty (20) days after thill Complaint lII1d Notice are served, by entering a written appearance personally or by attorney lII1d filing In writing with the Court your defelllle3 or objectlOI\ll to the c\almll set forth against you. You are warned that if you fan to do 110 the caae ma,y proceed without you lII1d a judgment ma,y be entered against you by the Court without further notice for any money claimed In the Complaint or for any other cIalm or relief requested by the Plalntlfl'. You ma,y 10lIe money or property or other rlghl.lllmportant 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 OfflCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County CourthoUlle Fourth Floor CarUale, PA 17013 (717) 240.6200 NANCY WlDTE-VENCIL, and MICHAEL VENCIL, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5457 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED CHERYL L. MYERS, DENISE KOPl'CHO, DAVID mGHTOR, and OKLA SWEET, Defendants COMPLAINT AND NOW, come the PlalntlfTlI, Nancy WhIte-Vencll and her husband, MIchael Vencll, through their attorneys, The Law OffICes of Ron Turo, and respectfully state 88 foUoW1l: 1. Plaintiff Ie Nancy WhIte-Vencil, Ie an adult individual currently residing at 8 Latchgate Lane, Mechanlceburg, Cumberland County, Penneylvanla, 17055 and Ie the wife of MIchael Vencll, and has been married to MIchael Vencll since prior to the date of thle accident. 2. Plaintiff, Michael VenclJ, Ie an adult individual currently residing at 8 Latchgate Lane, Mechanlceburg, Cumberland County, Penneylvanla, 17055 and Ie the husband of Nancy WhIte-Vencil, and has been married to Nancy WhIte-Vencllslnce prior to the date of thle accident. 8. Defendant, Cheryl L. Myers, Ie an adult individual laet known residing at 842 East North Street, Carllele, Cumberland County, Penneylvanla, 17018. 4. Defendant, Denise Koptcho, Ie an adult individual laet known residing at 29 Sullivan Street, SwoyerevlJJe, Luzerne County, Penneylvanla, 18704. 5. Defendant, David Rightor,le an adult individual laet known residing at 85 South Baltimore Street, DUleburg, York County, Penneylvanla, 17019. 6. Defendant, Okla Sweet, Ie an adult individual Iaet known residing at 4208 KIng George Drive, Apartment B, Harrlebu.-g, Dauphin County, Penneylvanla, 17109.1421. 7. On FrIde,y, October 29, 1998, the PlalntlfT, Nancy WhIte-VenclJ, W8lJ the driver ofa 1989 Volvo 240 DL with a Penneylvania registration. 8. On Friday October 29, 1998, Defendant Myers W8lJ the driver of a 1986 Chevrolet Nova owned by Gary Myers, with a Penneylvania registration. 9. On Friday, October 29, 1993, Defendant Rlghtor was driving a 1989 Nlasml with a Pennsylvania reglatration. 10. On Friday, October 29, 1993, Defendant Denise Koptcho was the driver of a 1990 Toyota Camry, owned by Rose Marie Koptcho, with a Pennsylvania registration. 11. On Friday, October 29, 1993, Okla Sweet was the driver of a 1989 Dodge Shadow with Pennsylvania reglatration. 12. At approximately 4:06pm on the afternoon of October 29, 1993, the Plaintiff, Nancy White-Vencil, was lawfully driving in the above referenced vehicle northbound on US Route 16 near Grantham Road in Upper Allen Township, Cumberland County, Pennsylvania. 13. At the same time and place, each of the above referenced defendants were driving their respective vehicle in the same direction on US Route 16 immediately in front of the Plaintiff. 14. At the same time and place, the vehicle operated by Defendant Myers changed lanes and struck the vehicle driven by Defendant Rightor. AJJ a result of this initial accident and the actions of the respective drivers involved in that initial accident, a chain reaction accident occurred in which Defendant Koptcho struck Defendant Myers, Defendant Sweet struck Defendant Koptcho, and as a direct result of all of the above, Plaintiff unavoidably struck Defendant Sweet. COUNT I Nancy White-Vencil v. Cheryl L. Myers 16. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in full. 16. Defendant, Cheryl L. Myers, was negligent and reckless in the operation of her vehicle as follows: A Failure to properly ascertain clearance of the left lane prior to making a lane change; B. Failure to keep alert and maintain a proper lookout for other traffic; C. Failure to maintain proper control and operation of her vehicle; D. Was negligent and reckless under the existing circumstances. 17. All a result of Ute accident caused by the negligence and careleeene811 of the Defendant, Cheryl L. Myers, the Plalntllf, Nancy Whlte-Vencil, baa susUllned peraonall1llurles which Include but are not IlmIted to facl.a1lI\1ur1ee, head lI\Iurles, headaches, cODlltant head preSllure, and significant emotional dietrellll. 18. All a rellult of thle accident, Plaintiff, Nancy Whlte-Vencll, WlI8 physically impaired and remains impaired as of the date of thia complaint which prevents her from performing all or subetanllally all of Ute materlalacle or duties which cODlltitute her UlIua1 and CUlItOmary daily activities and uauaI and customary employment activities. 19. All a rellult oCthe accident, Plaintiff, Nancy Whlte-Vencil, baa incurred reasonable and necessary medical expenses to correct Ute personal lI\Iurles referred to above, and will continue to incur such expel1lle8 in the future. 20. All a result of the accident caUlled by the Defendanla negligent and careleSll operation of her vehicle, Plaintiff baa llUSUlIned or may susUlln Ute following damages: A. Past and future pain and eufl'ering; B. Past and future 108lI of liCe's eqjoyment; C. Past and future mental anxiety embarrassment and humiliation; D. Past and future incidental cosle; E. Past and future IOIlll of earnings; F. Future 10811 of earning capacity. 21. Plaintiff avers that her damages exceed the applicable IlmIla of arbitration and jury trial Is hereby demanded. WHEREFORE, Plaintiff, Nancy WhIteoVencil, claims of the Defendant, Cheryl L. Myers, a sum in exceIIlI of the amount requiring compulsory referral to arbitration under the local rules of court. COUNT n Michael Vencil v. Cheryl L. Myers 22. Paragraphs 1 through 21 are incorporated herein by reference as if set forth in full. 23. The Plaintiff, Michael Vencl1, sutTered a 101' of consorUum of his wife, due to her aforesaid pel'lOlIII1ll\luries. WHEREFORE, Plaintiff, Michael Vencil, claims ofthe Defendant, Cheryl L. Myel'l, a sum In excelS of the amount requiring compulsory referral to arbitration under the local rules of court. COUNT ill Nancy White-Vencll v. Denise Koptcho 24. Paragraphs 1 through 23 are Incorporated herein by reference IIIlf set forth In fulL 25. Defendant, Denise Koptcho, WIll negligent and recklelllln the operation of her vehicle III follows: A. Failure to drive vehicle at a safe speed; B. Failure to properly 8I8W'e a clear distance ahead whlle operating her vehicle; C. Failure to keep alert and maintain a proper lookout for other traffic; D. Failure to maintain proper control and operation of her vehicle; E. Will negligent and reckle118 under the existing c:lrcwnstances. 26. lIJJ a result of the accident caU8ed by the negligence and carelell8lle118 of the Defendant, Denise Koptcho, the Plaintiff, Nancy White-Vencl1, has sustained pel'lOnalll\luries which Include but are not 1lmlted to facial Il\luries, head Il\luries, headaches, collltant head pre8I1U'e, and slgniI1cant emotional distress. 27. As a result of this accident, Plaintiff, Nancy White.venclJ, WIll physically impaired and remains impaired III of the date of this complaint which prevents her from performing all or substan~ all of the material acts or duties which constitute her usual and customary dally activities and usual and customary employment activities. 28. As a result oUhe accident, Plaintiff, Nancy White-Vencil, has Incurred reasonable and nec:elllllry medical expel1lel to correct the pel'lOnal Il\luries referred to above, and will continue to Incur such ezpel1lelln the future. 29. Nt a result of the accident caU8ed by the Defendants negligent and carele118 operation of her vehicle, Plaintiff has IUStained or may IUStain the following damages: A. Put and future pain and suffering; B. Put and future 1081 of life's eqjoyment; C. Put and future mentallllllliety embarr8llment and humiliation; D. PlllIt. and future Incidental costs; E. Put and future 1081 of earninglI; F. Future 1081 of earning capacity. 30. Plalnt1lTavers that her damages exceed the applicable limits of arbitration and jury trialla hereby demanded. WHEREFORE, PlalntllT, Nancy WhIte-Yencll, claims of the Defendant, Denise Koptcho, a sum In e_ of the amount requiring compulsory referral to arbitration under the local rules of court. COUNT IV Michael VencU v. Denise Koptcho 31. PlII'lIllrBpha 1 through 30 are Incorporated herein by reference 31 if set forth In full. 32. The Plalnt1lT, Michael Vencll, suffered a 1018 of cOlllOrtlum of his wife, due to her aforesaid personallqjurles. WHEREFORE, PlalntllT, Michael Vencll, claims of the Defendant, Denise Koptcho, a sum In exCellll of the amount requiring compulsory referral to arbitration under the local rules of court. COUNT V Nancy WhIte-YencU v. David Rlghtor 33. PlII'lIllrBpha 1 through 32 are Incorporated herein by reference 81 if set forth In full. 34. Defendant, David Rlghtor, was negligent and recklellllln the operation of his vehicle 81 follows: A. Failure to drive vehicle at a safe speed; B. Failure to properly lII8U1'e a clear distance ahead while operating his vehicle; C. Failure to keep alert and maintain a proper lookout for other traffic; D. Failure to maintain proper control and operation of his vehicle; E. Was negligent and reckless under the existing circumstances. 815. .A1J a result of the BCcldent caused by the negligence and carelessness of the Defendant, David Rightor, the PlalntllT, Nancy Whlte-Vencll, has 8UBtained pel'8Onallqjuries which include but are not limited to faclallqjuries, head Iqjuries, headaches, constant head preasure, and algnificant emotional dlatreas. 86. As a reau1t of thla BCcldent, PlalntllT, Nancy Whlte-Vencll, was phyaica11y impaired and remains impaired as ofthe date ofthia complaint which prevents her from performing all or substantially all ofthe material acta or duties which constitute her uaual and customary daiJ.y activities and uaua1 and customary employment activities. 87. As a reau1t of the BCcldent, PlalntllT, Nancy Whlte-Yencil, has incurred reasonable and necessary medical expenses to correct the personal iI\iuries referred to above, and will continue to incur such expenses in the future. 88. As a result of the BCcldent caused by the Defendants negligent and careless operation of his vehicle, PlalntllT has sustained or may 8UBtain the following damages: A. Past and future pain and suffering; B. Past and future loss of life's eIlioyment; C. Past and future mental anxiety embarrassment and huml1lation; D. Past and future incidental costs; E. Past and future loss of earnings; F. Future loss of earning capacity. 89. PlalntllT avers that her damages exceed the applicable limits of arbitration and jury trial is hereby demanded. WHEREFORE, PlalntllT, Nancy Whlte-Vencll, claims of the Defendant, David Rightor, a awn in excess of the amount requiring compulsory referral to arbitration under the local rules of court. COUNT VI Michael Vencil v. David Rightor 40. Paragraphs 1 through 39 are incorporated herein by reference as if set forth in fun. 41. The PlalntiIT, MIchael VencU, suffered a 1088 of consortium of his wife, due to her aforesaid pel'8Onal iqjurles. WHEREFORE, PlalntifT, Michael Vencll, claims of the Defendant, David R1ghtor, a sum In exce88 of the amount requiring compulsory referral to arbitration under the local rules of court. COUNT vn Nancy WhIte-VencU v. Okla Sweet 42. Paragraphs 1 through 41 are Incorporated herein by reference es If set forth In full. 43. Defendant, Okla Sweet, wes negligent and reckleBS In the operation of her vehicle es follows: A. Failure to drive vehicle at a safe speed; B. Failure to properly essure a clear distance ahead while operating her vehlclej C. Failure to keep alert and maintain a proper lookout for other traffic; D. Failure to maintain proper control and operation of her vehicle; E. Wes negligent and reckleBS under the existing circwnstances. 44. AJJ a result of the accident caused by the negligence and carelessness of the Defendant, Okla Sweet, the PlalntiIT, Nancy WhIte-YencU, has sustained personal iqjurles which Include but are not limited to facial iqjurles, head iqjurles, headaches, constant head preBSure, and significant emotional distreBS. 45. AJJ a result of this accident, PlalntiIT, Nancy WhIte-VencU, was physically Impaired and remains impaired es of the date of this complaint which prevents her from performing all or substantially all of the material acts or duties which constitute her usuaJ and customary daI1y activities and usual and customary employment activities. 46. AJJ a result of the accident, Plaintiff, Nancy WhIte-VencU, has Incurred rell80nable and necessary medical expenses to correct the pel'8Onal iqjurles referred to above, and will continue to Incur such expenses In the future. 47. AJJ a result of the accident caused by the Defendants negligent and careless operation of her vehicle, PlalntiIT has sustained or may sustain the following damages: A. Past and future pain and suffering; VERIFICATION I verifY that the statements made in the foregoing Complaint ar3 true and correct. I unde1'lltand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn fa1slflcation to authorities. Date \ IS' (ql." . . VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false lIlatements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falalfication to authorities. ~!~ ) s }qrc Date ~ . CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Cheryl Myel'll Defendant; Thomas Brenner, Esquire, attorney for David R1ghtor; Stephen L. Banko, Jr., Esquire, attorn for Denise Koptcho; Edward L. Schorpp, Esquire, attorney for Okla Sweet, by depositing same In th United States MaiJ, f1l'llt class, postage pre-paid on the 51'1-1 day of January, 1996, from Carli8le Pennsylvania, addre88ed 88 foUowa: Cheryl Myel'll 60 East Penn Street Carli8le, Pa 17013 Thomas Brenner, Esquire Goldberg, Katzman & Shipman 320-E Market Street Harrisburg, PA 17101 Attorney for David Rightor Stephen L. Banko, Jr., Esquire Reynolds & Haves 101 Pine Street P.O. Box 932 Harrisburg, PA 171011-0392 Attorney for Denise Koptcho Edward L. Schorpp, Esquire Landis, Black & Schorpp 36 South Hanover Street Carli81e, PA 17013 Attorney for Okla Sweet LAW OFFICES OF RON TURO ~.tEW-e 32 South Bedford Street Carli81e, PA 17013 (717) 245-9688 Attorney for PlalntiITs ~ l/") i;; N ,.. Q .. d~ - ~c; - ~- o~ fi:-.-- - ...: " L.... Qi2 9" fEjlf l/") .....t:IJ I :5.", --r.::;: ;>: o. "J u.: \:1.] lLJu r- ...., ill a. -, -!: IJ.. U> a (,) Ln <5 NANCY WHITE-VENCIL, and MICHAEL VENCIL, plaintiffs v. . IN THE COUNT OF COMMON PLEAS . . CUMBERLAND COUNTY, . . PENNSYLVANIA . . . . NO. 95-5457 CIVIL TERM . : : CIVIL ACTION - LAW : . JURY TRIAL DEMANDED . . . CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants PRABCIPB TO THB PROTHONOTARY: Please enter our appearance on behalf of Defendant, Okla Sweet in the above captioned action. We hereby accept service of a true copy of the Complaint filed in the within action and acknowledge receipt of the same. LANDIS, BLACK & SCHORPP ~~y /1/ /'7?,6 B~~ Edward L. Scho pp, E quire Attorney for Defendant 36 South Hanover Street Carlisle, PA 17013 (717) 243-3727 ""'t,.,-.;.t___1<"'''''''''~~~~''~''''~ -/'.-' .--" .".,.----' ",~"~,~,'_'''_~_'T>>--"",,-,,,_'"-H''''"'_''''~'''''-' ,--" ...-......,:-.-:-"..-/.,.....-.- .~-~..~-~~,.,~',- l 0 ~~ IN .. ll; M 0::::: - U~ ..... ~ c... Q~ r- ~"'(f.) Sz Q,. U;7 tilt! - - tt,jUJ ,if ~ o;la. -, ~ u.. .0 ::> 0 CJ'I U ~ ,;.... ... CBRTI~ICATB O~ SBRVICB I hereby certify that I served a copy of the foregoing document upon the persons indicated below by depositing a copy of the same in the united states mail, postage prepaid, at Harrisburg, pennsylvania and addressed as follows: Robert P. Kline, Esquire Law Offices of Ron Turo 32 South Bedford street Carlisle, PA 17013 Attorney for plaintiffs Stephen L. Banko, Jr., Esquire Reynolds & Havas 101 pine street, P. o. Box 932 Harrisburg, PA 1710S-0932 Attorney for Denise Koptcho Edward L. Schorpp, Esquire Landis, Black & schorpp 36 south Hanover street Carlisle, PA 17013 Attorney for Okla Sweet Deborah A. Cavacini, Esquire Caldwell & Kearns 3631 North Front street Harrisburg, PA 17110 Attorney for Cheryl Myers GOLDBERG, KATZMAN & SHIPMAN, P.C. '\ } C, V By: ~l L j I '( Karen S. Feuchtenberger, Esq. ID/: 58995 320 Market street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for David Rightor DATE: \\\1\~~ . ... r.:; l.!; CO') j::: -'- ~Q M -) O~ :0-:, -, a:r~ :c U~1'~ 'r:- C- G)-;~ 9E ~t:~ en :.:1(/, u. - ~ j :~~ a:\.'-! -. t -..,. .' I:jjjl r= ...'; ~l L1- -) U. ,Cl :5 0 CH (.) -- '. - , OOLDBBItG, ~IMAN Ii 8HIPMAN, P.C. Xaren 8. reuchtenberger - Attorney I.D. 158995 320 Market Street strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717) 234-4161 Attorney tor David Rightor NANCY WHITE-VENCIL and MICHAEL VENCIL, . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . Plaintiffs . . . . v. : CIVIL ACTION - LAW : No.: 95-5457 Civil Term CHERYL L. MYERS, DENISE KOPTCHO,: DAVID RIGHTOR and OKLA SWEET, : Defendants : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes Defendant, David Rightor, by and through his attorneys, Goldberg, Katzman & Shipman, P.C., to file this Answer with New Matter and, in support thereof, states as follows: 1. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 1 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 2. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 2 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 3. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 3 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 4. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 4 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 5. Admitted. 6. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 6 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 7. Admitted upon information and belief. S. Admitted upon information and belief. 9. Admitted. 10. Admitted upon information and belief. 11. Admitted upon information and belief. 12. Admitted in part. Denied in part. It is admitted that at approximately 4:06 p.m. on the afternoon of October 29, 1993, the Plaintiff, Nancy White-Vencil, was driving in a 1989 Volvo northbound on U.S. Route 15 near Grantham Road in Upper Allen Township, Cumberland County, pennsyl vania. The averments of Paragraph 12 that Plaintiff, Nancy Whi te-vencil, was lawfully driving on the date and at the time and place aforesaid, is a conclusion of law to which no response is required. If a response is deemed to be required, said averment is denied and strict proof 2 thereof is demanded at trial. 13. It is admitted that on October 29, 1993, at approximately 4: 06 p.m., Defendant Rightor was driving a 1989 Nissan in a northerly direction on U. S. Route 15. Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averment that he was driving immediately in front of the Plaintiff and lacks knowledge or information sufficient to form a belief as to the truth of the averment that other Defendants were driving their vehicles immediately in front of the Plaintiff and, therefore, said averments are denied and strict proof thereof is demanded at trial. 14. It is admitted that on October 29, 1993, at approximately 4:06 p.m., the 1986 Chevrolet Nova being operated by Cheryl L. Myers changed lanes and struck the vehicle driven by Defendant Rightor. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 14 and, therefore, said averments are denied and strict proof thereof is demanded at trial. COUNT I Nancv White-Vencil v. Chervl L. Mvers 15 - 21. The averments of Paragraphs 15 through 21 are directed to a Defendant other than Defendant Rightor and, therefore, no response is required. 3 COUNT II Michael Vencil v. Chervl L. Mvers 22 - 23. The averments of Paragraphs 22 and 23 are directed to a Defendant other than Defendant Rightor and, therefore, no response is required. COUNT III Nancv White-vencil v. Denise KODtcho 24 - 30. The averments of Paragraphs 24 through 30 directed to a Defendant other than Defendant Rightor therefore, no response is required. COUNT IV Michael Vencil v. Denise KODtcho 31 - 32. The averments of Paragraphs 31 and 32 are directed to a Defendant other than Defendant Rightor and, therefore, no response is required. are and, COUNT V Nancv White-vencil v. David Riahtor 33. The answers of Paragraphs 1 through 32 are incorporated herein by reference as if set forth in full. 34. It is specifically denied that Defendant Rightor was negligent and reckless in the operation of his vehicle in any manner. A. Denied. B. Denied. C. Denied. 4 D. Denied. E. This averment has been stricken by agreement of counsel for Plaintiffs and counsel for Defendant Rightor. 35. It is denied that Defendant Rightor was negligent and careless in any manner. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 35 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 36. Oefendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 36 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 37. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 37 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 38. It is denied that Defendant Rightor was negligent and careless in the operation of his vehicle in any manner. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 38 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 39. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 39 and, therefore, said averments are denied and strict 5 proof thereof is demanded at trial. WHEREFORE, Defendant, David Rightor, demands jUdgment in his favor and against Plaintiff, Nancy White-Vencil. COUNT VI Michael Vencil v. David Riahtor 40. The answers of Paragraphs 1 through 39 are incorporated herein by reference as if set forth in full. 41. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 41 and, therefore, said averments are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant, David Rightor, demands judgment in his favor and against Plaintiff, Michael Vencil. COUNT VII Nancv White-Vencil v. Okla Sweet 42 - 48. The averments of Paragraphs 42 through 48 are directed to a Defendant other than Defendant Rightor and, therefore, no response is required. COUNT VIII Michael Vencil v. Okla Sweet 49 - SO. The averments of Paragraphs 49 and 50 are directed to a Defendant other than Defendant Rightor and, therefore, no response is required. 6 '-<-.. NEW MATTER DIRECTED TO PLAINTIFFS 51. Plaintiffs have failed to state a cause action for which relief can be granted. 52. Plaintiffs' claims are barred in whole or in part by Pennsylvania's comparative negligence law and/or the Doctrine of Comparative Negligence. 53. Some or all of Plaintiffs' claims and damages are barred by the applicable statute of limitations. 54. The injuries, if any, sustained by Plaintiffs were the direct and proximate result of the negligence, carelessness and/or recklessness of the Plaintiff, Nancy White-Vencil, in that she: (a) failed to keep alert and maintain a proper watch for the presence of other vehicles; (b) failed to have the vehicle she was operating under proper and adequate control; (c) failed to have the vehicle she was operating under such control as to be able to stop within the assured clear distance ahead; (d) failed to apply her brakes in sufficient time to avoid striking any other vehicle; (e) failed to operate her vehicle at a safe and appropriate speed under the conditions and having disregard for the actual and potential hazards then existing; and, (f) operated her vehicle with careless disregard for the safety of persons and property. 55. The negligence, recklessness and/or carelessness of the Plaintiff, Nancy White-vencil, as aforesaid were substantial factors in the happening of the accident and/or in any resulting injuries Plaintiffs may have sustained. 7 56. Any injuries incurred by PlaintiffB as a result of the accident alleged in their Complaint resulted from the acts and/or omissions of persons over which Defendant Rightor had no custody or control. 57. Some or all of Plaintiff's medical conditions pre-existed the date of her accident and were neither caused by or aggravated by the accident complained of in her Complaint. 58. Plaintiffs' claims, in whole or in part, are barred by applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant, David Rightor, demands jUdgment in his favor and against Plaintiffs. NEW MATTER PURSUANT TO RULE 2252ldl DIRECTED TO DEFENDANT. CHERYL L. MYERS 59. The answers of Paragraphs 1 - 50 are incorporated herein by reference as if set forth in full. 60. In the event that the losses alleged by Plaintiffs are found to exist, which losses are specifically denied, then Defendant, Cheryl L. Myers, is solely liable to Plaintiffs for the losses or is liable over to Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. 61. In the event that any liability is found to exist on the part of Defendant, David Rightor, which liability is specifically denied, then Defendant, Cheryl L. Myers, is liable over to 8 Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. WHEREFORE, Defendant, David Rightor, demands that in the event that Plaintiffs are found entitled to any recovery, that judgment be entered solely against Defendant, Cheryl L. Myers, or, in the alternative, that Defendant, Cheryl L. Myers, is liable over to Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. NEW MATTER PURSUANT TO RULE 2252(d\ DIRECTED TO DEFENDANT. DENISE KOPTCHO 62. The answers of Paragraphs 1 - 50 are incorporated herein by reference as if set forth in full. 63. In the event that the losses alleged by Plaintiffs are found to exist, which losses are specifically denied, then Defendant, Denise Koptcho, is solely liable to Plaintiffs for the losses or is liable over to Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. 64. In the event that any liability is found to exist on the part of Defendant, David Rightor, which liability is specifically denied, then Defendant, Denise Koptcho, is liable over to Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. WHEREFORE, Defendant, David Rightor, demands that in the event that Plaintiffs are found entitled to any recovery, that judgment 9 be entered solely against Defendant, Denise Koptcho, or, in the alternative, that Defendant, Denise Koptcho, is liable over to Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. NEW MATTER PURSUANT TO RULE 2252/dl DIRECTED TO DEFENDANT. OKLA SWEET 65. The answers of Paragraphs 1 - 50 are incorporated herein by reference as if set forth in full. 66. In the event that the losses alleged by Plaintiffs are found to exist, which losses are specifically denied, then Defendant, Okla Sweet, is solely liable to Plaintiffs for the losses or is liable over to Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. 67. In the event that any liability is found to exist 00 the part of Defendant, David Rightor, which liability is specifically denied, then Defendant, Olka Sweet, is liable over to Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. WHEREFORE, Defendant, David Rightor, demands that in the event that Plaintiffs are found entitled to any recovery, that judgment be entered solely against Defendant, Okla Sweet, or, in the alternative, that Defendant, Okla Sweet, is liable over to Defendant, David Rightor, for contribution and/or indemnity or is jointly and severally liable to Plaintiffs. 10 CERTIPICATE OP SERVICE I hereby certify that I served a copy of the foregoing document upon the persons indicated below by depositing a copy of the same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Robert P. Kline, Esquire Law Offices of Ron Turo 32 South Bedford street Carlisle, PA 17013 Attorney for Plaintiffs Stephen L. Banko, Jr., Esquire Reynolds & Havas 101 pine street, P. O. Box 932 Harrisburg, PA 17108-0932 Attorney for Denise Koptcho Edward L. Schorpp, Esquire Landis, Black & SChorpp 36 South Hanover Street Carlisle, PA 17013 Attorney for Okla Sweet Deborah A. Cavacini, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Cheryl Myers GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: I' ~\qJ., BY:YZ~~ ,<:p Karen S. Feuchtenberger, Esq. ID#: 58995 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for David Rightor ~ (") ~ C'? '- 1- .. ..).~ ~o c:J o.~" .'. u:~ (-:~ .- .... -'. It f'~ o<J; r.:)~ ..~ ~ ~g - ~:f~Q '. C'? .J/, ..,.-J" [i:Y; - in rn -. 010.. ".::' F -, --; Lt. ...0 a 0 en , NANCY WHITE-VENCIL, and MICHAEL VENCIL, Plaintiffs IN THE COUNT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5457 CIVIL TERM CIVIL ACTION - LAW CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants JURY TRIAL DEMANDED ANSWER WITH HEW MATTBR AND WITH HEW MATTBR PURSUANT TO Pa. R.C.P. 2252 (CROaS-CLAIMS) AND NOW COMES Okla Sweet, one of the Defendants in captioned action, by and through her attorneys, Landis, Black & Schorpp, who answers Plaintiffs' Complaint as follows: 1.-5. Denied. After reasonable investigation, Defendant Sweet is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 6. Admitted. 7.-10. Denied. After reasonable investigation, Defendant Sweet is without knowledge or information sufficient to form a belief as to the truth of these averments and proof thereof is demanded. 11. Admitted. 12.-13. Admitted in part and denied in part. With respect to Defendant sweet, it is admitted that on said date she was driving her vehicle on U.S. Route 15 in a northerly direction and was involved in a collision involving several vehicles. As is set forth above, the identities, ownership and make of vehicles . is denied, as Defendant is without knowledge or information sufficient to form a belief as to the truth of those matters. 14. Admitted in part and denied in part. It is admitted that at the time and place alleged, a vehicle in front of Defendant Sweet's vehicle, and traveling in the other travel lane, changed lanes and struck another vehicle in front of Defendant Sweet. It is admitted that an accident occurred involving the collision of several vehicles. It is specificallY denied that Defendant Sweet struck any other vehicle. On the contrary, Defendant Sweet was able to bring her vehicle to a stationary position without striking the vehicle in front of her. Plaintiffs' vehicle struck Defendant Sweet's vehicle from the rear, and it was the force of this impact which propelled Defendant Sweet's vehicle into the vehicle in front of her. It is specifically denied that any action or omission of Defendant Sweet precipitated or otherwise contributed to the accident involving the collision of the various vehicles. Further, as is set forth in New Matter, Plaintiff wife did not unavoidedly strike Defendant Sweet, but on the contrary, such collision was due to the sole neglect and carelessness of Plaintiff Nancy White-Vencil in the operation of her vehicle. 15.-21. COUNT I Nancy White-Vencil Y. cherYl L. Hyers The averments in the paragraphs of this Count are - 3 - ., t.,_.~ \ Answer are incorporated herein by reference as if set forth in full. 43.-48. Denied. As is set forth hereinabove, Defendant Sweet does not admit the identity of plaintiffs or the ownership, possession or control of the vehicle alleged to have been driven by plaintiff Nancy White-Vencil. The remaining averments of these paragraphs are denied pursuant to Pa. R.C.P. 1029(e). COUNT VIII Michael Vencil v. Okla Sweet 49. Paragraphs 1. through 48. of this Answer are incorporated herein by reference as if set forth in full. 50. Denied. As is set forth heretofore in this Answer, Defendant Swedt does not admit the identity of Plaintiff or of Plaintiff's wife and proof thereof is demanded. The remaining averments of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). WHERBPORB, Defendant Okla Sweet demands that the claims of both Plaintiffs be dismissed. NEW MATTBR 51. Payment for 100 percent of the damages to Defendant Sweet's vehicle has been made on behalf of Plaintiffs. 52. The payment in full of Defendant Sweet's damages constitutes an admission of liability on the part of Plaintiffs. 53. As a result of said payment, Plaintiffs are - 5 - collaterally estopped from asserting liability against Defendant Sweet. 54. To the extent that Plaintiff Nancy White-Vencil was contributorily negligent, or to the extent that the negligence attributable to Plaintiff Nancy White-Vencil is greater than 51 percent, such negligence is imputed to Plaintiff husband with respect to his claims in this case. 55. Plaintiffs' claims are barred by the applicable statute of limitations. 56. Plaintiffs have failed to state a claim upon which relief can be granted. 57. Plaintiffs' claims may be barred because of a limited tort election under their motor vehicle insurance policy. WHBRBPORB, Defendant Sweet demands that Plaintiffs' Complaint be dismissed and that judgment be entered in her favor together with the costs of this action. NEW MATTBR PURSUANT TO Pa. R.C.P. 2252 Okla Sweet v. Chervl L. Mvers 58. If Cheryl L. Myers is the person identified in Plaintiffs' Complaint as the driver of the 1986 Chevrolet Nova described in Plaintiffs' Complaint, Defendant Sweet avers that Defendant Myers changed lanes and caused a collision with another vehicle in front of Defendant Sweet. 59. Paragraph 16. of Plaintiffs' Complaint is incorporated - 6 - \ herein by reference as if set forth in full. 60. If Plaintiffs or either of them suffered any damages, of which strict proof is demanded and if anyone other than plaintiffs are responsible therefor, the same were caused by the aforesaid careless and negligent conduct of Defendant Myers. WHBRBPORB, if the Plaintiffs or either of them are entitled to any relief, which is denied, Defendant Myers is solely liable to the Plaintiffs, in the alternative, if the Plaintiffs or either of them are entitled to any relief, which is denied, Defendant Myers is jointly liable therefor with Defendant Sweet, or is liable over to Defendant Sweet so that Defendant Sweet demands judgment in her favor, together with the costs of this action, and in the alternative demands contribution or indemnity from Defendant Myers, together with the costs of this action. Okla sweet v. Denise ~oDtcho 61. If Denise Koptcho is the person identified in Plaintiffs' Complaint as the driver of the 1990 Toyota camry described in Plaintiffs' complaint, Defendant Sweet avers that Defendant Koptcho was the driver of a vehicle in the-same lane of travel directly in front of Defendant Sweet. 62. paragraph 25. of Plaintiffs' Complaint is incorporated herein by reference as if set forth in full. 63. If Plaintiffs or either of them suffered any damages, of which strict proof is demanded and if anyone other than - 7 - Plaintiffs are responsible therefor, the same were caused by the aforesaid careless and negligent conduct of Defendant Koptcho. WHBRBPORB, if the Plaintiffs or either of them are entitled to any relief, which is denied, Defendant Koptcho is solely liable to the Plaintiffs, in the alternative, if the Plaintiffs or either of them are entitled to any relief, which is denied, Defendant Koptcho is jointly liable therefor with Defendant sweet, or is liable over to Defendant Sweet so that Defendant Sweet demands judgment in her favor, together with the costs of this action, and in the alternative demands contribution or indemnity from Defendant Koptcho, together with the costs of this action. Ok1a Sweet v. David Riahtor 64. If David Rightor is the person identified in Plaintiffs' Complaint as the driver of the 1989 Nissan described in Plaintiffs' Complaint, Defendant Sweet avers that he was the driver of a vehicle in the same lane of travel in front of Defendant Koptcho. 65. Paragraph 34. of Plaintiffs' Complaint is incorporated herein by reference as if set forth in full. 66. If Plaintiffs or either of them suffered any damages, of which strict proof is demanded and if anyone other than Plaintiffs are responsible therefor, the same were caused by the aforesaid careless and negligent conduct of Defendant Rightor. - 8 - WHBRBPORB, if the plaintiffs or either of them are entitled to any relief, which is denied, Defendant Rightor is solely liable to the plaintiffs, in the alternative, if the plaintiffs or either of them are entitled to any relief, which is denied, Defendant Rightor is jointly liable therefor with Defendant sweet, or is liable over to Defendant sweet so that Defendant sweet demands judgment in her favor, together with the costs of this action, and in the alternative demands contribution or indemnity from Defendant Rightor, together with the costs of this action. LANDIS, BLACK & SCHORPP By: ~~~ Edward L. schorpp, squire Attorneys for Defendant sweet 36 South Hanover street Carlisle, pennsylvania 17013 (717) 243-3727 - 9 - CBRTIPICATB OP SBRVICB I, EDWARD L. SCHORPP, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing ANSWER WITH NEW MATTBR AND WITH NEW MATTBR PURSUANT TO pa. R.C.P. 2252 (CROSS-CLAIMS) to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWSl Robert P. Kline, Esq. Law Offices of Ron Turo 32 South Bedford Street Carlisle, PA 17013 Steven L. Banko, Jr., Esq. Reynolds & Havis P.O. Box 932 Harrisburg, PA 17108-0932 Deborah A. Cavacini, Esq. Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Karen S. Feuchtenberger, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17101-1268 BY.~~~#~ Edward L. schorpp, Esq. LANDIS, BLACK & SCHORPP 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-3727 Date:~ ~V~y ~ /~ ?J',h" , NANCY WHITE-VENCIL, . IN THE COURT OF COMMON PLEAS . and MICHAEL VENCIL, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs . . . . v. . NO. 95-5457 CIVIL TERM . . . CHERYL L. MYERS, DENISE . CIVIL ACTION - LAW . KOPTCHO, DAVID RIGHTOR, . . and OKLA SWEET, . JURY TRIAL DEMANDED . Defendants . . REPLY OP DEPENDANT O~LA SWEET TO NEW MATTER OP DEPENDANT DAVID RIGHTOR 65. The averments of Paragraphs 1.-50., inclusive, of Defendant Sweet's Answer are incorporated herein by reference as if set forth in full. 66.-67. The averments of these paragraphs are conclusions of law requiring no answer herein. WHEREPORE, Defendant Sweet demands that Defendant Rightor's cross-claim be dismissed. LANDIS, BLACK & SCHORPP By'~4~~ Edward L. Sc orpp, Esquire Attorney for Defendant Okla Sweet 36 South Hanover Street Carlisle, PA 17013 (717) 243-3727 Supreme ct. ID#17495 NANCY WHITE-VENCIL, and MICHAEL VENCIL, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . . . v. NO. 95-5457 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document, was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, first-class mail, postage prepaid, addressed as follows: Robert P. Kline, Esq. Law Offices of Ron Turo 32 South Bedford Street Carlisle, PA 17013 Steven L. Banko, Jr., Esq. Reynolds & Havis P.O. Box 932 Harrisburg, PA 17108-0932 Deborah A. Cavacini, Esq. Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Karen S. Feuchtenberger, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: ;:1-7.-96 LANDIS, BLACK & SCHORPP BY~~ Edward L. Schorpp, sq. NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . v. · CIVIL ACTION - LAW · No.: 95-5457 Civil Term CHERYL L. MYERS, DENISE KOPTCHO, · DAVID R1GHTOR and OKLA SWEET, · JURY TRIAL DEMANDED Defendants · NOTICE TO PLEAD TO: Nancy White-Vencil and Michael Vencil, Plaintiffs and Robert P. Kline, Esquire, their attorney LAW OFFICES OF RON TURO 32 South Bedford Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admi . By: Dated: f.b.l9. /01" ~17 ...'....~ ......_,'"" ~~'F';'";....., ~".1. ,:,,""'. <., .,.'.'"." ..... ~_.. .., - -~--. WHEREFORE, Defendant, Cheryl L. Myers, demands that the Complaint be dismissed and judgment entered in her favor and against all parties without cost to her but together with such costs, expenses and attorney's fees as authorized by law and which the Court deems necessary, just and "ppropriate under the circumstances. By: Dated: -khl9, 10qG ~17 4 . CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first. class postage, prepaid, as follows: Robert P. Kline, Esquire LAW OFFICES OF RON TURO 32 South Bedford Street Carlisle, PA 17013 Attorney for Plaintiffs Thomas Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320-E Market Street P.O. Box 1268 Harrisburg, PA 17101-1268 Attomey for David Rightor Stephen L. Banko, Jr., Esquire REYNOLDS & HAVAS 101 Pine Street, P.O. Box 932 Harrisburg, PA 17108-0392 Attorney for Denise Koptcho By: Dated: 2./,g Iqc, 601129 ., . NANCY WHITE-VENCIL and MICHAEL VENCIL, PlaintilTs · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . v. · No.: 95-54~7 Civil Term · CIVIL ACTION. LAW . . CHERYL L. MYERS, DENISE KOPTCHO, DAVID RlGHTOR and OKLA SWEET, Defendants · JURY TRIAL DEMANDED . REPLY OF DEFENDANT, CHERYL L. MYERS, TO THE NEW MATTER PURSUANT TO Pa.R.C.P. 2252(11) FILED BY DEFENDANT. DAVID RIGHTOR 59. No response is required. 60-61. The averments of paragraphs 60-61 constitute legal conclusions to which no response is necessary under the Rules of Civil Procedure and are deemed to be denied. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Cheryl L. Myers, demands that the Cross Claim be dismissed and judgment entered in her favor and against all parties without cost to her but together with such costs, expenses and attorney's fees as authorized by law and which the Court deems necessary, just and By: Dllted: d-/3-Ql.p 6\106 .. ~ I verifY that the averments made in the foregoing document are true and correct upon my personal knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. By: ~~~~/2- C ery . Myers Dated: CJ!<)' /9 (p 65622 ,. " .,-.'.,-' o"c, '!J'( /:!~ ., '." .. <.;'. . , " , - .~. . .~.r - COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs No. 95-5457 civil Term v. CIVIL ACTION - LAW CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR and OKLA SWEET, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Nancy White-Vencil and Michael Vencil, Plaintiffs c/o Robert P. Kline, Esquire, counsel for Plaintiffs Law Offices of Ron Turo 32 South Bedford Street Carlisle, pennsylvania 17013 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, Denise Koptcho, within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, REYNOLDS & HAVAS A Professional Corporation Date:-y 1~/q ~ By: . Banko, Jr. .D. #41727 101 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Denise Koptcho .. COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs , . No. 95-5457 civil Term . . . . . . v. : CIVIL ACTION - LAW CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR and OKLA SWEET, Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER -- Pa.R.C.P. No. 2252(d) OF DEFENDANT, DENISE KOPTCHO, TO PLAINTIFFS' COMPLAINT 1. Admitted in part and denied in part. With respect to the marital status of Plaintiffs, after reasonable investigation Defendant, Denise Koptcho ("Defendant") is without knowledge or information sufficient to form a belief as to the truth of said averment contained and, therefore, it is denied. 2, Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 3. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 4. Admitted, .. 5. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 6. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 7. Admitted. 8. Admitted in part and denied in part. with respect to the ownership of the vehicle being driven by Defendant Myers, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment contained and, therefore, it is denied. 9. Admitted, 10. Admitted. 11. Admitted. 12. Admitted in part and denied in part. It is specifically denied that Plaintiff-Wife was "lawfully driving" at the time and place stated. To the contrary, it is believed and therefore averred that at the time of the motor vehicle accident, Plaintiff-Wife was acting in a negligent, careless and reckless manner in the operation of a motor vehicle including speeding, traveling too fast for conditions and failing to bring her vehicle to a stop within the assured clear distance ahead. - 2 - .. 13. Admitted. 14. Admitted in part and denied in part. with respect to the claim that "Plaintiff unavoidably struck Defendant Sweet" said allegation is specifically denied. To the contrary, the answer contained in paragraph 12 hereof is incorporated herein by reference as if set forth in its entirety. Count I Nancv White-vencil v. Chervl L. Mvers 15. The answers contained in paragraphs 1 through 14 hereof are incorporated herein by reference as if set forth in their entirety. 16. - 21. The allegations contained in these paragraphs pertain to parties other than Defendant. Accordingly, upon advice of counsel, no responses on the part of Defendant are required. WHEREFORE, Defendant, Denise Koptcho, demands judgment in her favor and against plaintiffs. Count II Michael Vencil v. CherYl L. Mvers 22, The answers contained in paragraphs 1 through 21 hereof are incorporated herein by reference as if set forth in their entirety. - 3 - . 23. The answers contained in parag:aphs 16 through 21 hereof are incorporated herein by reference as if set forth in their entirety. WHEREFORE, Defendant, Denise Koptcho, demands judgment in her favor and against Plaintiffs. Count III Nancv White-Vencil v. Denise KODtcho 24. The answers contained in paragraphs 1 through 23 hereof are incorporated herein by reference as if set forth in their entirety. 25 (A) - (D). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. (E). Pursuant to a stipulation entered into between counsel for the parties, this subparagraph of Plaintiffs' Complaint has been withdrawn and accordingly, no answer on the part of Defendant is required. 26, Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with respect to allegations that Plaintiffs sustained injury as a result of the motor vehicle accident which was caused by the negligence, recklessness and carelessness of Plaintiff-Wife as aforesaid, after reasonable investigation Defendant is without knowledge or information sufficient to form a - 4 - .. belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 27. Denied. The answer contained in paragraph 26 hereof is incorporated herein by reference as if set forth in its entirety. 28. Denied. The answer contained in paragraph 26 hereof is incorporated herein by reference as if set forth in its entirety. 29 (A) - (F). Denied. The answer contained in paragraph 26 hereof is incorporated herein by reference as if set forth in its entirety. 30. Denied. WHEREFORE, Defendant, Denise Koptcho, demands judgment in her favor and against Plaintiffs. Count IV Michael Vencil v. Denise KODtcho 31. The answers contained in paragraphs 1 through 30 hereof are incorporated herein by reference as if set forth in their entirety. 32. Denied. The answer contained in paragraph 26 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, Denise Koptcho, demands judgment in her favor and against Plaintiffs. - 5 - Count V Nancv White-vencil v. David Riahtor 33. The answers contained in paragraphs 1 through 32 hereof are incorporated herein by reference as if set forth in their entirety. 34. - 39. The allegations contained in these paragraphs pertain to parties other than Defendant, Accordingly, upon advice of counsel, no responses on the part of Defendant are required. WHEREFORE, Defendant, Denise Koptcho, demands judgment in her favor and against Plaintiffs. Count VI Michael vencil v, David Riahtor 40. The answers contained in paragraphs 1 through 39 hereof are incorporated herein by reference as if set forth in their entirety. 41. The answers contained in paragraphs 16 through 21 hereof are incorporated herein by reference as if set forth in their entirety. WHEREFORE, Defendant, Denise Koptcho, demands judgment in her favor and against Plaintiffs, - 6 - . NEW MATTER 51. The answers contained in paragraphs 1 through 50 hereof are incorporated herein by reference as if set forth in their entirety. 52. Plaintiffs' claims, if any, are barred by the applicable statute of limitations. 53. The motor vehicle accident described in Plaintiffs' Complaint was the sole, direct and proximate result of the negligence of Plaintiff-Wife which consisted, inter AliA, of the following: a. failing to keep alert and maintain a proper lookout for traffic; b. failing to maintain proper control and operation of her vehicle; c. operating her vehicle in excess of the posted speed limit; d. operating her vehicle at a speed too fast for conditions then and there existing; e. failing to bring her vehicle to a stop within the assured clear distance ahead; and f. failing to take proper evasive action to avoid a collision. 54. As a result of the negligence of Plaintiff-Wife as aforesaid, Plaintiffs' claims, if any, are barred or reduced by the Pennsylvania Comparative Negligence Act. - 8 - 55. Plaintiffs' claims are limited to non-economic damages as a result of their tort selection. New Matter -- Pa.R.C.P. No. 22521d\ 56. The answers contained in paragraphs 1 through 55 hereof are incorporated herein by reference as if set forth in their entirety. 57. Without admitting the truth of the averments contained in paragraphs 1 - 23 of Plaintiffs' Complaint, the motor vehicle accident and injuries, if any, allegedly sustained by Plaintiffs, were the direct and proximate result of the negligence, carelessness and recklessness of Defendant, Cheryl L. Myers, as more fully set forth in Plaintiffs' Complaint. 58. As a result of the negligence of Defendant Cheryl Myers, as aforesaid, Defendant Myers is solely liable to Plaintiffs, jointly and severally liable to Plaintiffs with answering Defendant and others, or liable over to answering Defendant by way of indemnity or otherwise. WHEREFORE, in the event of the determination of negligence on the part of Defendant, Denise Koptcho, which negligence is specifically denied, Defendant prays this Honorable Court enter an Order determining that Defendant, Cheryl L. Myers, is solely liable to Plaintiffs, jointly and severally liable with - 9 - Defendant Koptcho or liable over to Defendant Koptcho by way of indemnity or otherwise. REYNOLDS & HAVAS A Professional Corporation Date: ~\l~q~ By: Banko, Jr. .D. #41727 101 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Denise Koptcho - 10 - ~ r- ?:: ..:r -, .. '- M ;:;':;1; ~-~ O~ g u. 0: ~~ j~ 0 c.:: N l~~ ;E CO 0fE ~ ..... ~ 15 U) en N 1'1 ~ '" en j ~ c{l( ~ > ~ ~ ,.. c{~OSN'; J:Aj~~~ ~18i~i 5 h~~ z ... d >- ~ . ll! ( ~ i ~ ! J: o o w N Z l'l o . l ~ ~ ~ ~~ t: ,;. COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs No. 95-5457 Civil Term . . v. : CIVIL ACTION - LAW . . CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR and OKLA SWEET, . . Defendants JURY TRIAL DEMANDED REPLY OF DEFENDANT, DENISE KOPTCHO, TO NEW MATTER OF DEFENDANT. OKLA SWEET 61. Admitted. 62. The answer of Defendant, Denise Koptcho, to paragraph 25 of Plaintiff's Complaint is incorporated herein by reference as if set forth in its entirety. 63. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with respect to any allegation that Plaintiffs sustained injury as a result of the motor vehicle accident, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied, .. J. VERIFICATION I, Denise Koptcho, depose and say, subj ect to the penalties of 18 pa.C.S.A., Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. dlf /96' Date '. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United states Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the ,1:;rd. day of February, 1996, addressed as follows: Robert P. Kline, Esquire Law Office of Ron Turo 32 south Bedford Street Carlisle, PA 17013 (Counsel for Plaintiffs) Deborah A. Cavacini, Esquire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (Counsel for Defendant Myers) Karen S. Feuchtenberger, Esquire GOldberg, Katzman & Shipman 320 Market Street Harrisburg, PA 17108-1.268 (Counsel for Defendant Rightor) Edward L, Schorpp, Esquire Landis, Black & Schorpp 36 South Hanover Street Carlisle, PA 17013 (Counsel for Defendant Sweet) REYNOLDS & HAVAS A Professional Corporation By: -~ /: ,;~ ..- d'/'J Alv'j ~~~d- s~on Dell-~allag , Secretary ~ ,.... i; ...:l' r ,,; gf ~ s: 0:::>; C' (:) 3~ r,~ ~~ '" fB CC~ lli '0;; 4..: "<: ., ::5 \0 ~ , m N ~ Sl 1Il j ~ 'q~ ~ ~jhN~ J: J~~~ ~ UlX) ~i l~~ 5i.~o~~ z m" d ~ ~ It ~ ( j I J: 8 ..N 2 l'l o . flll ..N ~ - ~~ ~ ClOLDIIJIJlG, D2!1IIAII " B.IPIIIIJI, P.C. Xaren s. reuchtenberger - Attorney I.D. 158995 320 Market street Strawberry Square P.O. Box 1268 Harriaburg, PA 17108-1268 [7171 234-4161 Attorney for David Rightor NANCY WHITE-VENCIL and MICHAEL VENCIL, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . Plaintiffs . . . . v. : CIVIL ACTION - LAW : No.: 95-5457 civil Term CHERYL L. MYERS, DENISE KOPTCHO,: DAVID RIGHTOR and OKLA SWEET, : Defendants : JURY TRIAL DEMANDED REPLY OP DEPENDANT. DAVID RIGHTOR TO HEW MATTER OP DEFENDANT. O~LA SWEET AND NOW, comes Defendant, David Rightor, by and through his attorneys, Goldberg, Katzman & Shipman, P.C., to answer the New Matter of Defendant, Okla Sweet, as follows: 64. It is admitted that David Rightor was the driver of the 1989 Nissan described in Plaintiffs' Complaint. Defendant Rightor lacks knowledge or information sufficient to form a belief as to the truth of the averment that his vehicle was in the same lane of travel and in front of Defendant Koptcho. 65. Defendant Rightor incorporates by reference his answer to paragraph 34 of Plaintiffs' Complaint and, by way of further answer, specifically denies that he was negligent and reckless in the operation of his vehicle in any manner. ".., ,.._,-",>"~,.,,,,;"":. '^,','..~ VBRII'ICATIOIf I, David P. Righter, do hereby acknowledge that I have read the foregoing document and that the facts stated herein 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. 54904 relating to unsworn falsifications to authorities. ~ .;lf~ David P: ~ghtor Date: vfP/t~ - CBRTI.ICATB O. 8BRVXCB I hereby certify that I served a copy of the foregoing document upon the persons indicated below by depositing a copy of the same in the United states mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Robert P. Kline, Esquire Law Offices of Ron Turo 32 South Bedford Street Carlisle, PA 17013 Attorney for Plaintiffs Stephen L. Banko, Jr., Esquire Reynolds & Havas 101 Pine street, P. O. Box 932 Harrisburg, PA 17108-0932 Attorney for Denise Koptcho Edward L. Schorpp, Esquire Landis, Black & Schorpp 36 South Hanover street Carlisle, PA 17013 Attorney for Okla Sweet Deborah A. Cavacini, Esquire Caldwell & Kearns 3631 North Front street Harrisburg, PA 17110 Attorney for Cheryl Myers GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE:~ By: ~-....---j V7 Karen S. Feuchtenberger, Esq. ID#: 58995 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for David Rightor NANCY WHITENENCIL, and MICHAEL VENCIL, PlalntUTs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95.5457 CIVIL TERM CIVIL ACTION. LAW : JURY TRIAL DEMANDED CHERYL L. MYERS, DENISE KOPl'CHO, DAVID RIGHTOR, and OKLA SWEET, Defendants ANSWER TO NEW MATl'ER OF DEFENDANT OllT.A SWEET AND NOW, come the Plaintiffs, Nancy WhIteNencU and Michael Vencll, by and through their attorneys, The Law Offices of Ron Turo, and me thill Answer to the New Matter of Okla Sweet: 51. P1aintUTs are without speclfiP. knowledge to admit or den,y the allegation of this paragraph and, therefore, the allegation iIJ denied and proof iIJ demanded. By wu:y of further answer, P1aintUTs at no time gave permission to any party or other entity to compromise their claim. Nor did they sign or otherwise execute any releases or other documents relieving Defendant Okla Sweet of her liability in thill matter. 52. The allegation of thill paragraph iIJ a legal conclll8ion to which no rellpOnsive pleading iIJ required. To the extent that a rellpOnsive pleading iIJ required, the allegation of this paragraph iIJ denied. By wu:y of further answer, ple8lle see the rellpOlUle to paragraph 51. 58. The allegation of thill paragraph iIJ a legal conclll8ion to which no responsive pleading iIJ required. To the extent that a responsive pleading iIJ required, the allegation of thill paragraph iIJ denied. By wu:y of further answer, please see the respolUle to paragraph 51. 54. It iIJ specifically denied that Plaintiff, Nancy WhIte-VencU, was negligent and carelellllln the operation of her vehicle In any manner. The remaining allegations of this paragraph are a legal conclll8ion to which no responsive pleading iIJ required and, to the extent that a responsive pleading iIJ required, those allegations are denied. '" ,,'",__"~."h~'..._.'.''''.'''' 1111. The allegation of thla p8\'11lll8ph is a legal concllllion to which no responaIve pleading is required. To the extent that a reeponalve pleading is required, the allegation of thIa JlII1'lIiI'IIph is denied. 116. The allegation of thla JlIII'IIlII'lIph is a legal concllllion to which no responalve pleading is required. To the extent that a responeive pleading is required, the allegation of thIa JlII1'lIiI'IIph is denied. 57. The allegation of thIa paragraph is a legal conclusion to which no responalve pleading is required. To the extent that a responeive pleading is required, the allegation of thIa paragraph is denied. WHEREFORE, Plaintiffs, Nancy White-Vencil and Michael VenclJ, demandjudgment In their favor and against the Defendant, Okla Sweet. NEW MATTER PURSUANT TO PAR.C.P. 2262 OKLA SWEET V. CHERYL L. MYERS 118-60. The averments In the paragraphs of thla Count are not applicable to the Plaintiffs and therefore no response is required. NEW MATTER PURSUANT TO PAR.C.P. 2252 OKLA SWEET V. DENISE KOPTCHO 61.68. The averments In the paragraphs of thIa Count are not applicable to the PlalntIfTs and therefore no response is required. NEW MATTER PURSUANT TO PAR.C.P. 2252 OKLA SWEET V. DAVID RIGHTOR 64-66. The averments in the paragraphs of thla Count are not applicable to the PlalntIfTs and therefore no response is required. Respectfully submitted, LAW OFFICES OF RON TURO ~ I a.?-jc~dc Date ~J:fl<<L 32 South Bedford Street Carllale, PA 17013 (717) 245.9688 Attorney for Plaintiffs VERIFICATION I verify that the statements made In the foregoing Answer to New Matter are true and correct. I underetand that fa1ee statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to WlIWom fa1elflcation to authorities. d'/4I-f~ Date VERIFICATION I verify that the statements made In the foregoing Answer to New Matter are true and correct. I underetand that fa1ee statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to WlIWom falelfication to authorities. Date 1.1lf.'Qb ~\bJ) CERTIFICATE OF SERVICE I hereby certify that I IIerved a true and correct copy of the Answer to New Matter upon Deborah Cavacinl, Esquire, attorney for Cheryl Myers; TholD8ll Brenner, Esquire, attorney for David Rlghtor; Stephen L. Banko, Jr., Esquire, attorney for Denise Koptcho; Edward L. Schorpp, Esquire, attorney for Okla Sweet, by depositing same in the United States Mail, fll'Sl. class, postage pre-paid on the ~~day of Febl'l1lll'y, 1996, from Carlisle, Pennsylvania, addressed as follows: Deborah A. Cavacinl, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Cheryl Myers Karen S. Feuchtenberger, Esquire Goldberg, Katzman & Shipman P.C. 320.E Market Street P.O. Box 1268 Harrisburg, PA 17101-1268 Attorney for David Rightor Stephen L. Banko, Jr., Esquire Reynolds & Havas 101 Pine Street P.O. Box 932 Harrisburg, PA 171011-0932 Attorney for Denise Koptcho Edward L. Schorpp, Esquire Landis, Black & Schorpp 36 South Hanover Street Carlisle, PA 17013 Attorney for Okla Sweet LAW OFFICES OF RON TURO 1<bJ--p~ Robert P. Kline, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for Plaintiffs ~e -"--~",.''''' ,'; ~ '0 >- ,.~ \.~-: i..:-: N ~j~~ u~Q ,J-~ ~~") -- ~~):~ ..- . rL u... (:~ :.:j c' N :;;~ {'. L', N ".-.... -' c'-' ; :-l\'U u::l" r:; L,u ,}~~ l.>- I'. U'J ") C (,.." D ~ NANCY WHlTE-VENCIL, and MICHAEL VENCIL, P1aInt1fl's : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : NO. 95-5457 CIVIL TERM : CIVIL ACTION. LAW CHERYL L. MYERS, DENISE KOPTCHO, DAVID WGHTOR, and OKLA SWEET, DeCendants . . : JURY TRIAL DEMANDED ANSWER TO NEW MATTER OF DEFENDANT CHERYL L. MYERS AND NOW, come the Plaintiffs, Nancy WhIte-VencU and Michael Vencll, by and through their attomeys, The Law Offices oC Ron Turo, and me this Answer to the New Matter oC Cheryl L. Myers: 51. No response required. 52. The allegation oC this paragraph Is a legal conclusion to which no responsive pleading Is required. To the extent that a respol1llive pleading Is required, the allegation oC this paragraph Is denied. 53. The allegation oC this paragraph Is a legal conclusion to which no responsive pleading Is required. To the extent that a respol1llive pleading Is required, the allegation oC this paragraph Is denied. 54. The allegation oC this paragraph Is a legal conclusion to which no responsive pleading Is required. To the extent that a respol1llive pleading Is required, the allegation oC this paragraph is denied. 55. No respol1lle required. 56. The allegation oC this paragraph is a legal conclusion to which no responsive pleading is required. To the extent that a responsive pleading Is required, the allegation oC this paragraph Is denied. 57. The allegation oC this paragraph is a legal conclusion to which no responsive pleading is required. To the extent that a respol1llive pleading Is required, the allegation oC this paragraph Is denied. - ,....,.-.. . ,. . '<.-,(,._....^"'~... VERIFICATION I verIlY that the statements made In the foregoing Answer to New Matter are we and correct. I understand that falle statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to UDlIWom fa1alfication to authorities. <1.4{)-~t, Date VERIFICATION I verIlY that the statements made In the foregoing Answer to New Matter are true and correct. I understand that falle statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to UDlIWom fa1alficatlon to authorities. __WdJl~J Michael Vencil Date 2'20.q~ . .,...t.-"..--.,-..,,~.,. CERTIFICATE OF SERVlQEi I hereby certify that I Berved a true and correct copy oCthe Answer to New Matter upon Deborah Cavaclni, Esquire, attorney Cor Cheryl Myel'll; Karen S. Feuchtenberger, Esquire, attorney Cor David R1ghtor; Stephen L. Banko, Jr., Esquire, attorney Cor Denise Koptcho; Edward L. Schorpp, Esquire, attorney Cor Okla Sweet, by depositing same in the United States Mall, first class, postage pre-paid on the '):).v.i.. da,y oC February, 1996, Crom Carliale, PelUl8YlvanIa, addressed as Collows: Deborah A. Cavaclnl, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney Cor Cheryl Myers Karen S. Feuchtenberger, Esquire Goldberg, Katzman & Shipman p.e. 320- E Market Street P.O. Box 1268 Harrisburg, PA 17101-1268 Attorney Cor David R!ghtor Stephen L. Banko, Jr., Esquire Reynolds & Havas 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-0932 Attorney Cor Denise Koptcho Edward L. Schorpp, Esquire Landis, Black & Schorpp 36 South Hanover Street Carliale, PA 17013 Attorney Cor Okla Sweet LAW OFFICES OF RON TURO ~!W2 32 South Bedford Street Carliale, PA 17013 (717) 245-9688 Attorney Cor PlaintifTR .-<.... f!; tn '- ~~ M 1:-;: .. .~ ~9 N ..,"'~ !~=-J Ifc c: ~ -J:;t '-2- .:"';:1 ~C . - C''"' ~-~ ~'1 E!~~ N ..1.,.. c= (.;:2 1.'1 ' J':": L'-' l~J IJ.. 5 Ct_ ,,:> 0 C;:, U __1>.,.........;...,..,.,... ._,,,_,.~,_. '. ._......i:''a ,_..~ . . - . . NANCY WHITE.VENCIL, and MICHAEL VENCIL, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5457 CIVIL TERM CIVIL ACTION. LAW JURY TRIAL DEMANDED CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants ANSWER TO NEW MATl'ER OF DEFENDANT DENISE KOPTCHO AND NOW, come the Plaintiff.. Nancy White-Vencil and Michael Vencll, by and through their attorneys, The Law Offices of Ron Turo, and me thla Answer to the New Matter of Denise Koptcho: 51. No response required. 52. The allegation of thla paragraph is a legal conclusion to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegation of thla paragraph is denied. 53. It is specifu:ally denied that Plaintiff, Nancy White-Vencl1, was negligent In the operation of her vehicle in any manner. Plaintiff, Nancy White-Vencillacks knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 53, and, therefore, said averments are denied and strict proof thereof is demanded at trial. 54. It 10 apecilica1ly denied that Plaintiff, Nancy Whlte-Vencll, was negligent and careless in the operation of her vehicle in any manner. Plaintiff, Nancy White- Vencillacks knowledge or Information sufficient to form a belief as to the truth of the remaining averments of paragraph 54 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 55. It is apecilica1ly denied that Plaintiff, Nancy White-Vencl1, was negligent and careless In the operation of her vehicle in any manner. Plaintiff, Nancy Whlte-Vencillacks knowledge or Information sufficient to form a belief as to the truth of the remaining averments of paragraph 54 and, therefore, said averments are denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff.. Nancy White-Vencil and Michael Vencll, demandjudgment In their fayor and against the Defendant, Denise Koptcho. ( 1 NEW MATI'ER PURSUANT TO PA.R.C.P. NO. 2252(d) 56-58. The averments in the paragraphs of this Count are not applicable to the PlalntItTe and, therefore, no response Ie required. a.l 'J..a.l'i {P Date RespectCully submitted, LAW OFFICES OF RON TURO C ~~t..1;~Q' { 32 South Bedford Street Carllale, PA 17013 (717) 245-9688 Attorney for PlalntItTe .. ,-,...... " VERIFICATION I verlf,y that the statements made In the foregoing Answer to New Matter IIJ'tl tnie and correct. I understand that fll1ae ststements herein IIJ'tl made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn fa1alf1catlon to authorities. a?'''')O'7~ Date VERIFICATION I verify that the statements made in the foregoing Answer to New Matter IIJ'tl true and correct. I understand that felae statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn fll1alfication to euthorities. Date 1..~o.q(.:. ~ Michael Vencil CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to New Matter upon Deborah Cavaclnl, Esquire, attorney for Cheryl Myersj Karen S. Feuchtenberger, ElK!uire, attorney for David Rlghtor; Stephen 1. Banko, Jr., Esquire, attorney for Denise Koptchoj Edward 1. Schorpp, Esquire, attorney for Okla Sweet, by depositing lI8D1e in the United States MaI1, first cIaaa, poatage pre-paid on the ~? .. J de,y of February, 1996, from Carlisle, Pennsylvania, addressed as follows: Deborah A. Cavaclnl, Esquire Caldwell & Kearns 8631 North Front Street Harrisburg, PA 17110 Attorney for Cheryl Myers Karen S. Feuchtenberger, Esquire Goldberg, Katzman & Shipman P.C. 820.E Market Street P.O. Box 1268 Harrisburg, PA 17101-1268 Attorney for David Rlghtor Stephen L. Banko, Jr., ElK!ulre Reynolds & Havas 101 Pine Street P.O. Bolt 932 Harrisburg, PA 17108.0982 Attorney for Denise Koptcho Edward L. Schorpp, Esquire Landis, Black & Schorpp 86 South Hanover Street Carlisle, PA 17018 Attorney for Okla Sweet LAW OFFICES OF RON TURO ~J2l<<J'Q 32 South Bedford Street Car1iale, PA 17018 (717) 245-9688 Attorney for PlalntilTa ~ In r= ~ cry 2: w~; N :;J~ n~;. <..2c\ "'.. (.)41'." If"" -1; ~~; Co. "'1::", ~I '-~5:- I._ :7'~ ,-, N " J.... El" .' .... co, ,.ji'eJ ..1. ld r,::"IL.i,.. 1-- L<... -- ..<.: II. ..0 :.:J 0 tH '-> -'/ ~ \l) "- (O) t'::;; ~" .. :::"Jd 1-' Q N (.J~~ ~[ - ~,:; ~~ ~. .- (")~ :-- u.... .. < C' :"-1 ';(r) 6~., <'-I '];.-; LJJ""~. :tHh -Jt,. n. U::, . LLJ ' ,1tl. I-'- Ll. ....:, U~ ,... ~S U e' Ll - ". - .-.. .-- .-- NANCY WHITE- VENCIL and MICHAEL VENCIL, Plainti~s · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . · No.: 95-5457 Civil Term · CIVIL ACTION - LAW . . v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID R1GHTOR and OKLA SWEET, Defendants · JURY TRIAL DEMANDED . PRAECIPE FOR A WITHDRAWAL AND ENTRY OF APPEARANCE WITHDRAWAL OF APPEARANCE TO: THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the Appearance of Deborah A. Cavacini, Esquire on behalf of Defendant, Cheryl L. Myers, in favor of the Entry of Appearance below of Barley, Snyder, Senft & Cohen on behalf of the same Defendant. Dated: Mlu:cl1 18, 1996 ENTRY OF APPEARANCE TO: THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter our Appearance on behalf of Defendant, Cheryl L. Myers, in the above-captioned matter. By: Dated: March 18, 1996 om. , VBRIPICATION I, Cheryl L. Myers, the within Defendant, hereby verify that the facts set forth in the foregoing Reply are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. Dated: S//0)/9& (!~O~P)U7 Chry . yes - . CERTIPICATE OP SERVICE I hereby certify that a true and correct copy of the foregoing Reply was this day served upon counsel of record by first class mail, postage prepaid, addressed as follows: Stephen L. Banko, Jr., Esquire Reynolds & Havas 101 Pine Street P. O. Box 932 Harrisburg, PA 17108-0392 Robert P. Kline, Esquire Law Offices of Ron Turo 32 South Bedford Street Carlisle, PA 17013 Karen S. Feuchtenberger, Esquire, Esquire Goldberg, Katzman & Shipman, P.C. 320-E Market Street P. O. Box 1268 Harrisburg, PA 17101-1268 Edward L. Schorpp, Esquire Landis, Black & Schorpp 36 South Hanover Street Carlisle, PA 17013 BEY, SNYDER, SENFT & COHEN By : "L- Val Sup me urt No. 43876 Attorneys for Defendant Cheryl L. Myers 100 East Market Street P. O. Box 15012 York, PA 17405-7012 (717) 846-8888 Dated: M.o 1-1 ~~% 29990.1 .' \..~) , -. " I ; ( , ,-; , .~ -, 1 <: I..; f Ii.. t.;.: . , ( , ~. ;.::.i D c-.) if) L:.i"- C,''<' , ..... 1t' : - :-'';: 1--- : I f;J 'J r , - I.!.. , , ,., :.j (-' \~,- , :~ lI) .0: lal ffi "" . 'tl o-t "'>< C III ZEi III III II: 8 !l! lal 0 OZ """" ~ Ei 011 t; r:- :1::0.0: HH Gl Ei III :l::OH UU .0: b8~ 0 oUz zz . :I:: ~ Uc:l.o: lallal lI) ~ > >> II: 3: ~ ~ ~ g ~ e..Z"" I lal lal z 0.0:>< III >< en )( ~ lal"" Z 2 ""lI) Eilal :- :I:: " Eill:z H.o: 0 ~ ~ ~ (j ~ II:lalZ III III Ei 0: z 01llr.J 3:U "" z 0:1::", H >< ~ UO ><:1:: "" "" Ii U U >< '" ~ - lale.. z II: r.J 0 III 0 .0: r.J II: ,. Ei Z III : U z H . . , f;; cn ;- ~c c": to,: 0 c:.; .;<; w.... ~.,,~ rf~ ... '.-,' -;I C> .j:~ " r__ .I.r";' ~I~ 9<', .,-:- @I: -. ~'f!..1 ,- I ..I..:.. if!p ,..~ n.. . ;'.(Q f.:': l.t...l ,'}u. v- II. <- i 0 "" :J C/. 0 i , I \ i I I . _. I \ ,',.- "" 1~1:'::;" ";:,,,'.;j. -".,-- -7/u)mQ6, 7~Omo6 & :Kal,,., '..,. ,', ., ."',",, , .,-- ,." ...- ..." '. , ,:. ':,' :_. :. -" L-. . ". \'" "i'~. -.,.-- >- al u; c: r:: .~ ,-- ~ U.l~] -" --;, . (). ,c., C ,- . , ~, ~. 0:- '-~7-~ .( @ <::> -. ~. '. C t'. rCl.! -.' ' . ~ ::..; :::) 'l;L(1 F -, ~.': Ll. 1,- ~~ U r- :J 0., U . Michele Thorp, Esquire REYNOLDS & HAVAS 101 Pine Street Harrisburg, PA 17108 Date: October 3, 1997 I.hJ... O. ~ ~rato Legal Assistant _.__,~__~__.''''''''''~'H>-''''''___'~.'''''1<.'''", _ .. ....,r..... .- >- 0; f.=: lL,f"'} (');'.' ff: !,:' 6f, Cl'" lLJL. cZ1' . ;..:. t,_ U c. <== '- f:- ~~ :~ ') .". 0.,;::; '_;;1" ,'. '-)~ ,fIg ::}J 0.. :.5 u .. "" ..~. 2:.: r- I 1-- L.' o t- en .... CI (;: !~ Q .P~ ,...: .. ::-J.r (") ..a l"l'" I.~)t;, r ..~.~ -. '.);.r' 1'" , .... J. ~, u. .;:j x' .. c r--. "..V' (, ( I ", ~.... UJ. , ':ij r,.-.' I , >- ';1'1 '- Lo' r, d.: r.. 0 . f'... ,. I-> .) ~, m U .... o. -,. i.r; Lr. r- 4. . '-::; c:.; ;'~~ ~) lUl.. c.....-<, .._':'~: ~~~'I ..... . , , 9;: . .- en '...n G': I J ':,; -_l~.' , , I r;J &V ! ,-- , c..~ I:..,. r-: c:J '. 1.1- ,.... a 0 0' -. NANCY WHITE-VENCIL, and MICHAEL VENCIL, Plaintiffs v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 95-5457 CIVIL TERM . : CIVIL ACTION - LAW . : JURY TRIAL DEMANDED fRAECI~E FOB WITHDRAWAL O~EARANCE TO THE PROTHONOTARY OF SAID COURT: Please withdrawal the appearance of Ron Turo, Esquire on behalf of the Plaintiffs in the above captioned case. Please enter the appearance of Nancy White-Vencil, pro se, on behalf of the Plaintiffs in the above captioned case. Ic)fJfI 9 3 Date #J-f- / Date . Respectfully Submitted, TURO LAW OFFICES Ron TU"'" ."'Uin 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 '- CJ\ i= ~ -:J -::': I-' c;, u.rf? .'.'1- J--. u'- =G '. ... [...( -, --~ ..... 1_-" f'\;::i tl3r.::. ~.. TC If) ':,Vj C~r u...:u ,'~! C:,;. _Il" 1- .-1-..... [1;. '71J ,-", ,.'1 r~. r:- 0 b rr. ::5 rJ. u F:LEC'Oj:F:C~ r'o '0.,' ." ....."T."'( .' ';_. ,', ''',j 11.,;1 g.) ,....~T i~ '" I?' "h ~ tot.. -l) \ I. '0" (j.... ('U": :j.. ' : . . " i"r( . i,.I......,; ...' . ..... ~ .....11...., , PE:-'>:S.YC/i\:" !A ~ , \ NANCY WHITE.VENCIL and MICHAEL VENCIL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 95-5457 CIVIL CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants CIVIL ACTION. LAW JURY TRIAL DEMANDED IN RE: MOTION ORDER AND NOW, this tolJ day of October, 1998, the defendant, Cheryl Myers, is directed to file a 'Copy of interrogatories 1,2 and 3, which are the subject of this discovery dispute, with instructions to the Prothonotary to forward same to the undersigned following docketing. Pending receipt of said interrogatories, action herein is DEFERRED. BY THE COURT, Ron Tura, Esquire For the Plaintiffs Douglas B. Marcello, Equire For Defendant Myer Stephen L. Banko, Jr., Esquire For Defendant Koptcho Karen S. Feuchtenberger, Esquire For Defendant Rightor Edward L. Schorpp, Esquire For Defendant Sweet -\ i I [ SUPPLEMENT ALINTERROGA TORIES ... ... . ~ 1. Please state the name of the trust for which you are the administrator, setting forth i I I I I I ! the following: (a) Date you were appointed administrator; (b) Case number for the trust in Juniata County; (c) disclose any and all litigation involved with the trust, setting forth the jurisdiction and case number for all litigation. 2. If you will do so without a Motion to Compel, please execute the attached Authorizations for release of IRS returns. 3. How were the journals that were provided as a result of your depostion created, I.e., were they generated or maintained from the date of the accident. If they were generated, please state whether they were generated from notes or whether they were generated from memory. THOMAS, THOMAS & HAFER June 23, 1997 By: {)JJ~-'.~~ ~- ~d4 140 Douglas B. arcello, Esquire Y ~ (717) 255-7238 NANCY WHITE-VENCIL and MICHAEL VENCIL, Plaintiffs IN THE COURT OF COMMON PLEAS OF v CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR and OKLA SWEET, Defendants NO. 95-5457 CIVIL TERM JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 2nd day of July, 1998, this matter having been called for argument, it is directed that the plaintiff respond to supplemental Interrogatories 1, 2 and 3 within thirty days. By the Court, Ron Turo, Esquire For the Plaintiffs r /).J.. Hess, J. Douglas B. Marcello, Esquire For Defendant Cheryl L. Myers Michele Thorp, Esquire For Defendant Koptcho Edward L. Schorpp, Esquire For Defendant Sweet >~ ~ 1.f.'1P --r- :bg 6. Counsel Turo never replied to this request. Plaintitl5 have no knowledge ifmotion was ever liIed. 1)laintiffs were of the belief that the unsigned motion was a draO submiued by opposing counsel to force Plaintiffs to divulge wholly irrelevant information, and harass them into backing down from their meritorious litigation. Attorney Turo did notlile an answer to this Motion. 7. AUorney Turo attended oral argument on July 2, 1998 relative to the Motion to Compel without noticing Plaintiffs ofthe oral argument. Attorney Turo is ill informed as to the facts ofthis case, and allended the oral argument without proper preparation with Plaintiffs (see auached Ex. 3). As a result, this Ilonorable Court issued an Order dated July 2, 1998, stating that Plaintiffs were to respond to the supplemental interrogatories relative to Defendant's Motion to Compel. Plaintiffs still have no knowledge as to whether the motion was ever signed, or properly served to the parties, since they have never received notice of such. 8. Plaintiffs were untimely served with Court's Order of July 2, 1998. 9. Upon receipt ofthis Order, Plaintiffs promptly asked attorney Turo to lite a Motion for Reconsideration on the basis of the facts cited above. Attorney Turo refused to do so; but, promised that he would bring up this maUer with the Court at a future oral argument date. 10. Defendants lited a Motion for Sanctions in August, 1998. AUached to this Motion is a copy of the unsigned, undated Motion to Compel, and the corresponding blank certificate of service page. (see aUached Ex.4) 11. Plaintiffs asked auorney Turo to answer the Motion for Sanctions by addressing the issues cited above. Moreover, Plaintiffs asked counsel to auach, as exhibits to the answer, correspondence from trust counsel and accountant for the Plaintiffs, along with actual excerpts from Plainlilrs testimony, thaI dispelled misstatements and/or erroneous allegations in Defendant's Motion 2 to Compel and Motion for Sanctions. (see altached Ex. 3) 12. Attomcy Turo filed an answer to Defendant's Motion for Sanctions without affording Plaintiffs opportunity to respond, present exhibits to support their claims, and/or provide answers to pertinent portions oCthe supplemental interrogatories. (see all ached Ex. 5) 13. Plaintiffs requested that altomey Turo disclose the above cited facts to the Court on October I, 1998. Futher on this date, altomey Turo was to request that the Court afford the Plaintiffs an opportunity to answer the original Motion to Compel and the Motion for Sanctions, as a result of his negligent representation. Altomey Turo did not do so, even though he promised the Plaintiffs that he would. 14. Counsel Turo was dismissed by Plaintiffs. 15. Plaintiffs have no problem in verifying PlaintiJrs income (see altached Ex.6). Plaintiffs provided this infonnation to allomey Turo, and asked altomey Turo to include this document in the answer to Motion for Sanctions. Auomey Turo did not. 16. Plaintiffs have no problem answering questions relative to the PlaintiJrs logs, but Defendant's counsel did not state which log his supplementary interrogatories refers to; ie. there is 8 log for the trustee hours expended, and a log for all time expended by the Plaintiff relative to the accident (such as time expended with car repairs, receiving medical treatments, litigation activities, etc.). The lalter log is the log relative to the lost income for which the Plaintiff is seeking reimbursement. 17. Defendant's counsel, before this Court on October I, 1998, referred to yet another log pertaining to the Plaintiffs medical condition, and implied that the Plaintiff was withholding said log. 3 18. l'laintifftestilled, in her depositions, that no such log existed, and that she was never told to keep such a record. (see attached UK. 7) However, a record of the PlaintiIrs medical condition is well documented in the twenty plus medical practitioners who have treated her since the accident. 19. Plaintilrs are reluctant to provide # I of the Defendant's supplemental interrogatories. This infonnation is wholly irrelevant to this case, and providing such (especially # I.c) would be extremely costly, in that the Trust litigation involves eighteen (18) years of complex and involved litigation (the record encompasses 16,000 plus pages). Moreover, the majority of the litigation took place prior to the PlaintiIrs trusteeship, and her trusteeship was not the subject of that litigation. Further, her appointment was continned by the Court. Trust attorney's correspondence attests to such (see attached Ex. 8), and this correspondence was to be addresssed in, and attached to, the Plaintilrs' answer to Motion for Sanctions. Attorney Turo did not do so. 20. Defendant's counsel has not presented any facts to show the appropriatness, or the relevance, that the trust litigation has to this case. 21. As is cited above, the Plaintilrs were not alrorded an opportunity to respond and/or present their position (answer) prior to this Court's Order of July 2, 1998. 22. Defendant's counsel made erroneous and misleading statements to this Court in both his Motion to Compel, and in his Motion for Sanctions. 23. Plaintiffs should not be penalized for their counsel's inappropriate and reckless representation. Plainlilrs should be afforded ample opportunity to respond to Motion to Compel and Motion for Sanctions. 24. Plaintiffs contend that this Honorable Court (whose duty is to be a fact tinder) does 4 . not, and did not, have ample facts before it to render an informed and just decision on either the Motion to Compel, or the Motion for Sanctions. 25. Plaintiffs' constitutional rights to due process has been severely violated in that they were not properly served with a signed copy of the Motion to Compel, nor does the certificate of service page (both in the original and the copy attached to the Motion for Sanctions) reflect a date and/or signature attesting that the Motion was served on the parties. Futhermore, Plaintiffs' counsel's actions and/or in actions did not afford Plaintiffs opportunity (by law) to answer either motions. 26. Plaintiffs are of the beliefthat until the jurisdictional defect (lack of signature, date, and blank certificate of service page) of the original Motion to Compel is corrected, Plaintiffs should not be compelled to answer either this Motion, and/or the Motion for Sanctions relative to the Motion to Compel. WHEREFORE, Plaintiffs respectfully petition this Honorable Court to hold this matter in abeyance until such time that I,) Plaintiffs can retain new counsel; 2.) the jurisdictional defect ....ith the Motion to Compel is corrected, and the Plaintiffs are properly served with a signed copy; and; 3.) Plaintiffs are afforded an opportunity (once new counsel is retained) to answer the Motion to Compel and the Motion for Sanctions; provide evidence to show the irrelevance of the requests made in these Motions; and refute the misstatements offact contained therein. 5 Respectfully submitted. A '../.// Date Nancy White Vencil Michael Scott Vencil 3 Latchgate Lane Mechanicsburg. PA 17055 Plaintiffs, pro se 6 NANCY WHITE-VENCIL and MICHAEL VENCIL. IN THE COURT OF COMMON PLEAS OF CUMBERU\ND COUNlY, PENNSYLVANIA NO. 95-5457 CIVIL ACTION - LAW JURY TRIAL DEMANDED Plaintiffs v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKU\ SWEET, Defendants ORDE~ AND NOW, this day of 1998, upon consideration of the Motion filed by Defendant Myers, a hearing Is hereby scheduled in courtroom of the Cumberland County Courthouse for - o'clock on .m., on - ,1998. BY THE COURT: J. EXHIBIT I --' -... (c) Past and future pain and suffering; (d) Past and future loss of life's enjoyment. (Plaintiffs' Complaint, paragraph 20). 6. Plaintiff was deposed on or about April 16, 1997. At that time, she testified that, "what I do during the course of a day, I work mostly on the trust: (Deposition of Plaintiff, page 61). 7. Plaintiff testified that it was a family trust in which she was appointed trustee in 1994 which was approved by the Court of Common Pleas of Juniata County (Deposition of Plaintiff, pages 61-62). 8. Plaintiff testified that her duties include managing 12 tracks of timber ground throughout the state of Pennsylvania comprising over 5,000 acres, working with foresters, and basic management to take care of the ground. (JQ). 9. Plaintiff testified that she managed a staff of two part time people and does a lot of bookkeeping wilh those people. (!Q.). 10. Plaintiff testified, "I manage a band of attorneys, I work with accountants, I do a fair amount of work on days that I feel well: (!Q.). 11. She testified that she works more than forty hours a week on her trust duties. (Plaintiffs deposition, page 63). 12. She testified that she is compensated at an hourly rate of $100.00 per hour and that she maintains a log and a calendar with regard to her work hours. (Deposition of Plaintiff, page 64). 13. Plaintiff agreed at the time of her deposition, to provide a copy of those documents to her attorney. (Deposillon of Plaintiff, page 64). EXHIBIT I 14. After the deposition, Defendant sought to obtain records with regard to the activities of Plaintiff and her eamlngs. 15. Defendant fOlWarded Supplemental Interrogatories to Plaintiff to obtain this information. 16. Defendant did not recslve a response from Plaintiff and filed a Motion to Compel Discovery for which this Honorable Court Issued a Rule to Show Cause. 17. Counsel for Defendant agreed to hold the matter In abeyance until counsel for Plaintiff could confer with his client on this matter, a copy of correspondence from Plaintiffs counsel is attached hereto and made a part hereof as Exhibit "N, (March 23, 1996). 18. Counsel for Plaintiff then responded by correspondence of April 24, 1998. a copy of which is attached hereto and made a part hereof as Exhibit "B". 19. In that correspondence, counsel for Plaintiff indicated that his client was "adamant about not providing any financial information to you in regards to the trust. If you believe that you still need the information, you will have to get a Court Order forcing my cllsnt to tum that Information over to you. It Is our position that Ihls information is unnecessary as to Ihe case." 20. The Information sought by Defendant is relevant as to the Issues as follows: (a) Plaintiffs claims to past and future lost wages; (b) Plaintiffs claim of lost of future earning capacity; (c) The veracity of the averments of Plaintiffs Complaint. Including but not limited to her statement that the Injuries prevented "her from performing all or substantially all of the material acts or duties which constitute her usual and customary daily activities and usual and customary employment activities; (Plaintiffs' Complaint, paragraph 18); EXIIIDIT I CERTIFICATE OF SERVICE AND NOW, this day of , 1996, I, Cynthia D. Byrd, a secretary In the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same In the United States Mall, first-class, postage prepaid, to the following: Stephen L. Banko, Jr., Esquire REYNOLDS & HAVAS 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-0932 (Attomey for Koptcho) Ron Turo, Esquire LAW OFFICES OF RON TURO 32 South Bedford Street Carlisle, PA 17013 (Attomey for Plainllffs) Karen S. Feuchtenberger, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17101-1268 (Attomey for Rlghtor) Edward L. Schorpp, Esquire 127 West High Street Carlisle, PA 17013 (Attomey for Sweet) Cynthia D. Byrd EXHIBIT I M^~ : Ii Turo Law Offices 32 South Bedford Sir.., Carlisi., Pennsylvania 17013 (717) 245-9668 (000) 562.gn8 FAX (717) 245-2185 RON TURC, esquire ROBERT J. MULOERIG, Esquire USA M. WHISTLER, Esquire MATT McCLENAHEN. Esqulr. March 23, 1998 Douglas B. Marcello, Esquire Thomas, Thomas & Haftsr 305 North Front Street Sixth Floor P,O. Box 999 Harrisburg, PA 17108 RE: White-Vencil v. Myers et. aI Dear Doug: I am writing as a follow-up to our phone conversation of March 19, 1998. As 1 indicated to you we will be reforwarding the supplemental interrogatories to Ms. Whlte-Vencil for her review and, hopefully, answers. We also will be forwarding to her the medical releases which you had prepared for her signature. it Is my hope that she will return these to me within the next twsnty (20) days and we will be able to complete discovery in a timely fashion and move forward in this malter. Based on our conversation you have agreed to withhold any further action on your motion to compel discovery based on my willingness to provide this inlormatlon. Obviously If Ms. Vencll-Whlte Is unwilling or unable to provide information we will then have an opportunity to bring the matter before Judge Hess for a ruling as to privilege or irrelevance. Your professional courtesy in withholding any further action on this matter is greatly and sincerely appreciated. I look forward to being in touch with you Just as soon as I have an opportunity to review this matter with my client In detail. /J ' / kl~re~rs, , ~'vvA , BON TURO, ESQUIRE RT/kac ',-.' cc: Nancy White-Vencil EXHIBIT 1 -"1 .:..... . AP" n " ........, ., t.. I; of Turo Law Offices RON TURO, Esquire ROBERT J. MULOERIG, Esquiro LISA M. WHISTLER, Esqulro MATT McCLENAHEN, Esquire 3~ South Bodlord Slrool Carlisle, Pennsylvania 17013 (717) 245.9600 (000) 562.9no FAX (7t7) 245.2165 April 24, 1998 Douglas B. Marcello, Esquire Thomas, Thomas & Hafler 305 North Front Street, 6th Floor P.O, Box 999 Harrisburg, PA 17108 RE: White-Vancil v. Myers et. al Dear Doug: Please find enclosed the signed medical releases that you forwarded to this office for the above referenced case. Our client is adamant about not providing any financial information to you In regards to ths Trust. If you believe that ycu still need this Information, you will have to get a Court Order forcing my client to tum that Information over to you. It Is our position that this Information is unnecessary as to this case. Ms. Whlte-Vencil has medical costs In excess of your client's polley limits. Also find enclosed a statement from Dr. Graham from the Aesthetic and Reconstructive Surgery of Central Pennsylvania. Also be advised that Ms. Vencllls also treating with two more doctors, Dr. Fryman and Dr. Thomas located at the Osteopathic Center for Children, 4135 54th Place, San Diego, California, 92105-2303, phone number Is 619-563-7611. ~ Your prompt attention to this matter ,1~.9~tIY appreciated. Slnc.J.e!/ yours, It // /lv~ . I;lON TURO, ESQUIRE \...,// : I . RT/kac cc: Nancy White-Vencil Ed Schorpp, Esquire Karen S. Feuchtenberger, Esquire Stephen L Banko, Jr., Esquire EXHIBIT I ~e..flht:liC.<;'~ ~/JlfllCI i l'(J tIIl;r:~ u(Cmlm/I'l'/Il1Srh."";,,,I\C. Kay. M, Riolo, M,D. Donald R. Mackay. M,D, Peler Giesswein, 1.1,0, William p, Graham. III, M,o, John P. SUall.. M.o, Lawr.ne. K. Thompson. III. M 0, 650 N, Twelllh Slreel Lemoyne. P", 17043 (717) 763.9766 Fa. (717) 763.7110 4700 Union Daposil Road. Suil. 240 Harrisburg, P", 17111 t7171541.4303 Fa. 1717) 541.4446 616 Belveder. SI,e.' Carlisi.. PA 17013 (717) 249.0100 Fa. (717) 249.6699 March J 1,1998 Ms. Nancy Vencil J Latchgale Lane Mechanicsburg, PA 17055 Dear Ms. Vencil, 1 was very glad 10 see you again loday. Ilhink Ihatthe Iillle breast mass that you have detected on the right is probably a bit or fibrous lissue since it does not show Ull as a cyst on Ihe sonogrnm. However, I agree wilh Dr. Solo-Hamlin that it would be prudenlto consider removing it. This has 10 be done very carerully to avoid any chance orinjury 10 the implant. It would leave a very small mark on the lateral aspect or Ihc breast as Ihe incision would be made directly over the mass. You expressed a number orconcems 10 me regardinglhe problems or your racial struclures thaI have occurred as a consequence or your 1993 molor vehicle accident. Chieramong Ihese arc your nasal profile and contour, a lack or upper lip rullness, alack or support to the ouler aspect or the eyclids with "sagging" or the lower eyelids. Additionally, you have concems aboutlhe asymmelry orlhe rorehead, Ihe prominence orthe rolds extending rrom your nose past the corner or the mouth and whal you reref to as crapiness oryour upper eyelids. I spoke wilh you aboula consullalion wilh Dr. Thompson, whose opinion I regard highly as rar as an individual who is experienced and extremely competenl in this arc a or surgery. I am concerned Ihal your goals and objeclives may be rar greater than Ihal which can be achieved by surgical intervention. You are not going 10 be able to relurn to your preinjury slatuS no mailer how much surgery or no mailer how carerully il is done. The Ihings that are available 10 us are rreeing the scar in Ihe rorehead area to Iry to reduce Ihe wrinkling Ihat occurs because or Ihe damage to the muscle, rat injections or Ihe upper lip and along the raIds rrom Ihe nose down pasllhe moulh, removal orthe exlra lower eyclid skin, and possible EXHIIl1T I PI.stic/Cosmelle SlIrgery . Dreasl Procedures' Micro Surgery' L.ser C.p.biliUes . II.nd Surgery Oillh Defects. EndOSCopic Plasllc SUflJery . Oiomedlc Skin Cara Program Slale licensed SUfl)tca1 F8Cillly On-Sih, Nancy While Vendi 3 Lalchgale Lane Mechaniesburg,l'A 17055 (717) 697.6553 August 24, 1998 Ron Turo, Esquire 32 South Dedford Street Carlisle, PA 17013 Dear Ron: lam in receipt of attorney Marcello's motion for sanctions against me, and I am extremely aggrieved that you have put me in this position, as a result of your refusnlto: 1. verify if attorney Marcello's questionable motion to compel (no date, no signature, blank certificate of service page) was filed with the court; and 2. file an answer to the motion, irin deed it was filed with the court. You filrther: 1. did not inform me of the oral argument date before the court (relative to this motion), nor did you prepare with me prior to. Therefore, you went before the court without becoming informed as to the facts that show: 1. why the trust litigation is )IIholly irrelevant to this case; and, 2. providing such information could result in additional unwarranted trust litigation; 2. did not timely serve me with a copy orthe July 2nd Order granting attorney Marcello's motion. For example, I was nn1 served wilh a copy oflhe Order till 7-13-98, and did not receive the notice till 7- t 7-98 since 1 was out ortown seeing doctors. 3. did not timely respond to my reply letter answering your untimely notice. In addition, you did not (as I requested on August 18, 1998 in my phone call to you) call attorney Marcello to get an extension ortime, so that I could speak to tmst counsel, my C.P.A., etc.; and, gather the pertinent documentation necessary to answer bnlh motions (since I was never given an opportunity to answer the motion to compel, or to present my case at oral argument). EXHIBIT 3 Ron Turo Page 2 August 24, 199R Moreover, I need a copy of my depositions to refer to my actual testimony, various questions, etc. in preparing my answers; but, to date you have yet to procure a copy of my depositions even though I Jmve asked you to do so as early as filII of 1997. Regarding the mailer of my trustee income, and as I have shared with you previously; I have no problem providing documenlation from my C.P.A. to suhstantiate this income (1994 onward). As to the years prior (1992 and 1993), I had (iUle to no income since I was the general contractor of building my home (a demanding and a full time task). I have already testified to this fact. As to allorney Marcello's request for actual copies of my tax returns, I would prefer not to provide anylhing to allorney Marcello that divulges my husband's social sccurity /I, and am perturbed that he hilS becn provided with mine (in lieu oflhe highly suspect queslions that he asked me in my depositions, i.e. the amounts I have in my bank accounts, assets I own, etc. and so on). Again, this information has no relevance to this case, and it is private and confidential information that he has I1ll busincss asking for. In addition, I will not provide informalion relative to the lrustlitigation for reasons that we have previously discussed, i.e. it is wholly irrelevanl; this information will be costly to provide; and, my trusteeship is not subjeclto the existing trust litigation. I have enclosed documentation from the trust counsel allesting to such. Also, it should be noted that the trustee fees that I received were standard and customary, and Allorney Doswell's leller of 1-19-96 supports this fact. In closing, the issue oflost wages should be a mnn1 issue with regard to Ms. Myer's purported limited coverage; but, still opposing counsel continually harps on the issue of my fees, and other irrelevant mailers (trust litigation). Further, he refuses to address the r.,ct that my out of pocket expenses, unpaid medical costs, etc. exceed his client's limits; and, you have allowed him to do so. Contrary to this fact, he inslead files seemingly frivolous motions requesting wholly irrelevant information; to which, irI do not provide such information (a cosIly and unnecessary task), I will face the possibility of sanctions and wrongful dismissal of this meritorious case. Needless 10 say, this is one big lIless. Hopefully, by acting promptly, and answering Ihe issues that should have been answered and/or rcbulled long ago (the motion to compel, opposing counsel's prior correspondence, oral argument etc.), we can put an end 10 allorney Marcello's latest harassment ploy (sanctions motion), and get this litigation back on tract. EXIIIBlT :\ Ron Turo Page 3 August 24, 1998 Please call me upon receipt ofthis letter, so that we can promptly prepare nn answer to this motion, and file it in a timely fashion with the Court. P.S. lam s1iI.lawailing writlen confirmation concerning Ms. Myers limits. EXHIBIT 3 ." '. ..... McC:AUl.lW & ASSOCIATES ,~ l'III1I'1I~'III'MI conpORAII"" J9~ 11^L1'IMOIUII'IKIi SUIT/: 211.\ t:II^I)l)li 1'01lD. l'UNNS\'I..V^NI^ l'I~ll TBLCrltOI'la;, (6111) ~~'l..\'lll() I'^X 1,,1n) ~\'I.U10 Aucust 24, 1998 Ms. NlIlII:Y While Vellcil :l 1.i1tchllGe Lllne f"leehnnicshurU, P/\ 17055 Ite.: SUlllllemenlnLlu1l<[[Q&ntorics DCllr Num:y: Pursnnnl 10 yonI' reqnest, ll\llve reviewed bolh Ihe leller Ihun f\'II', Tni'll 1\111\ the !lupplel11entlll interl'OUOlories proponnded hy MI'. MlIl'cclln. Wilh rellard 10 Ihe sUl1lllemenlnl illlorroL~ntorics reglll'llin!~ the TIIlSt, clIlI1piling the inronnntiull necossRI)' would involvc tho cltpemlitlll'c of' large ltlllounlS or lime nnd expense on Iho part or the Trusl, Trustee, IInd Trllsl ullorney. Moreover, 1 helieve thnluny infonl1ntion regllnlin~ litil~lIli()n 9t1rrotllldiIlL~ the Trust is irrclevuntlo the proceedings involvinL\ YUUI' lIU\(ll\lllhiltl uccitlent in (hat the Trust Iitigntion(s) do 1I0t involve you 115 n pnl'ty ill your IICr.lllnnl cnpneity. Moreover, the litigations hnve IlCIl ntlthessed YOUI' pcrtol'ltlance us u TI1I:llee nOI' hnve IIny fees taken by YOII a3 Truslee hcen Inllde 1IIIIt or the liIicnliol\ process. Provision of such infol'lIIRtioll, which wonld become pllrl "I' Ihe public I'ccol'd, could lelld 10 llddilionnl Iilhlnlion Oil Ihe pllrt or cerWin pllrti(~s 10 Ihe 'I'msl lili,;lItillllS who have continued to pursue unsuPllllrtcll claillt~ tlCSllilC ullcrs to suttle during Ihu 1nsl eighteen yenrs, Any su\:h llddiliollal lilicalillll could hllve il detrimental effect on Ihe Tmsl assels. \ EXHIBIT 3 f" '....... MI~c:AlIl.HY &. ASSOCI^"fiS Nnllcy While VCllcil Augusl 24. 11)98 I'IIUIl 2 1\ ncr YOll hAve had A c1UlItce 10 roview this leller. Idlll.lly cOlllnet IlIe i r ynll Icel Ihlll Ihrlllcr CXIl'ollulioll is Iteccssury, .' Sincerely. McC^lII.I~V ,~ ASSOCIATES. PC cv.---~Z )11//1 O:Y~:~.1 . / if tJ l._.. c. r~.{> ORECiORY M. c('AI.ll,EY, Esc.lll,REl . (iMM/vr EXHIBIT 3 .~;:;ti!~';";,;...~:,;::' ".,' ,,;,~~,:'~y.':. :'j~).~...~(..,.~";~t":':I'. ',,', ',':;'l.~,~f".~.b';'.. ~'~':l.t..,~.! ."".~.(,,,,:,{.~,>, , ' I : ,,,";,"M:Ji"" ,'. .... . "lor':'" ", ""1 "I.\.' ,'" . ..........t..'.!lI!,\I. .- \ . \." 'J .R._..~-,. '" " _ . r . ". : . .';j-';;; :.<-::~'I"\" ,:.'~.~~~~;~,:'..; ". .. .:.'. ",/ :r::,':..... . , '" NANCY WHITE.VENCIL and ' ",' ", MICHAELVENCIL, " " .:~ :.' ..".r ',,,: ~',.... 0" ..' . , . " ; ","'."', :. -" '.":;''- :,: . ',.',~'r., :..;, Plalnliffs...: ". ' '. '. '..", ., . .... ','... '., " '.' I.~',', '. t ':: ':~"." ;".':' .. .' . , v. " . ,....:..... ,'; IN THE COURT OF COMMON PLEAS OF ' CUMBERtAND COUNTY; , PENNSYLVANIA' NO. 95-5457 CIVIL ACTION - LAW JURY TRIAL DEMANDED ,"- . ....:~". :....>:". CHERYL L MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKtASWEET. Defendants JUl0TJON FOR SANCTIONS PURSUANT TO PA,R.C,P. 4019 1, Defendant, Cheryl L Myers moves this Honorable Court for the appropriate sanctions. includIng dIsmissal for failure of Plaintiffs to comply with this Honorable Court's Order of July 2, 1998, 2. Defendant Myers was compelled to file a Motion to compel responses to discovery, a copy of said Motion Is attached hereto and made a part hereof as exhibit "A", . 3. Argument on said Motion was held on or about July 2, 199B. Pursuant to said argument, this Court entered an Order dated July 2, 199B directing "that the Plaintiff .. respond to supplemental Interrogatories 1, 2, and 3 within thirty days", a copy of said Order Is attached hereto and made a part hereof as exhibit "B". 4. Plaintiff has failed or refused to provide the Answers to Interrogatories pursuant to the Court Order_ 5. Moving Defendant request this Honorable Court enter the appropriate sanctions against Plaintiff pursuant to Pa,R.C.P. Rule 4019, Including but not limited to EXHIBIT 4 ,~+.-; . '.. . ," .. "';'" ~ . ..... ','- .~',,-. . . :.;;:~;:;;~~;ii!:;;fi;~;~;,;;";~;;i~;;;:;."", .. ,;',,::' , ,,' ;::" , ' · " ", ," ' .. dismrssal.ofPlalnlifl's case and the award ofattomey fees forthe preparation offillng of . .:.:..:.,;......~.:~:~:,;.;.:~-:~:~~.;.;:...:.::.I;.' ..:-'.'~:::".~'...:" ',.,':. ' . .... .. P.p 'said Motion ' . ..,.., ',.~ " " ". .' . '."',... , . WHEREFORE, Defendant Cheryl Myers request this Honorable Court enterthe ;. .:w," .:.::.... "',"." ...., .. ..-.-...:..:- ." .,,, -." ....... ., .. M. ,. .. 'appropriate sanctions against Plaintiff pursuant to' Pa.R.C.P .Rule 4019. THOMAS, THOMAS & HAFER, LLP By: s B. M reello, Esquire 30 orth Front Street Post Office Box 999 Harrisburg, PA 1710B-0999 (717) 255-723B , EXIIIBIT 4 4.._'-...... " l~:.-:...~. .,.... -<:::~,~'~:~~",~;:'..:""'" ,; :~ "':;' ....:. :.' I .: .. ,,:.. .... : ... .. ~.. .....1 .. . .~' ,~,~..,~.....~.'l',"'"!'.'''~''' .r ....I...,.""Tr,.t.'.. ... " ,;;.~'.;,:;;,:;\,,',::,;., , ',;~ ;;:.~L.~,~ ;>>...r.,..:.. '. '..' . .11).'.":".... "', t..' .- ....~ .. .,.....1 '.' ",'.~. '"',, . .'j .I...J....:.~ I.:;..'....,. .".i.:;J~~':'.:...;',,.)h',"~, ~ ,. "~~';::"I:: .:', .:, ::: .- .,:;u;::';::~x' :;.~,:, . IN THE COURT OF; COMMON PLEAS OF'..' . ," .. ., CUMBERrAND COUNTY, PENNSYLVANIA ' NO, 95~5457 CIVIL ACTION -LAW JURY TRIAL DEMANDED . ..' . j~~j:fli!~f;i:':i::';V · ". , .; :':' NANCY WHITE-VENCIL and , " .' MICHAEL VENCIL, . . 7.j~.: .' ~. ~. ; ..... .oJ....;.. . . .;-. . .. '.: .' ," -, . ' . Plaintiffs v. . CHERYL L MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants " MOTION TO COMPEl. 1. Defendant Myers moves this Honorable Court to compel Plaintiffs to produce dlscovel'/ relevant to the claims and damages alleged In the Complaint. 2.. Plaintiff. Nancy White-Vencil alleges that she was Injured in an automobile accident that occurred on October29, 1993. 3. Plaintiff alleges that as a result of moving Defendant's negligence, that she has suffered personal injul'/. 4. Plaintiff makes the allegations with regard to her personal Injuries that the Injuries have prevented her "from performing" all or substantially all of the material acts or duties which constitute her usual and customal'/ daily activities and usual and customal'/ employment activities" (Plaintiffs Complaint, paragraph 18). 5. Plaintiff alleges that she has sustained damages Including the following: (a) Past and future loss of eamings; (b) Future loss of eaming capacity; EXHIBiT 4 ,:~~~'~..#' .,':... , .' ~. ~~ l:;r\'/:"'~'.:'!< o(-o,f,,'... .. ,0,., " '.':'1 ','.,:. "",' ','.." ~.',. ~";" .,.,:.. ~'r\o '. :.. ..' . . ';".... .,l ,I.. ~",...' "'" I ' . '.'J1JI..,..J.....'J.~:.~...".,.:.,. '0" I. ,-,.' ",,^,,J">j,,~, "'U' , ' " " 't'J 1, ,..fr .,"".JO, I," .... . . (C) Past and future pain and suffering; ,', ....j,.. _,'n :, "I. . OJ.. . ;:.,.... ..' '" ...Jf"'~: :::/.::.:..:.:. "0 . - i:":':-;' ,,:-0'. ...~-:.. .... . (d) Past and future loss of life's enjoyment. , , , .;....:.l1..........ii.L :..1....'. ...-, ., ,. ',4' ... , . . ,.....,.... "... ,., . ..'. ': L,:~'. .' (Plaintiffs' Complaint, paragraph 20). I' ~. ......... .'.. ... . .. . -," .' 6. Plaintiff was deposed on or about April 16, 1997. At that time, she testified that; "what I do during the course of a day, I work mostly on lhe trust" (Deposition of '. Plaintiff; page 61). 7. Plaintiff testified that It was a family trust in which she was appointed trustee In 1994 which was approved by the Court of Common Pleas of Juniata County (Deposition . . of Plaintiff, pages 61-62). B. Plaintiff testified that her dulles include managing 12 tracks of timber ground throughout the state of Pennsylvania comprising over 5,000 acres, working with foresters, and basic management to take care ofths ground. lli!). 9. Plaintiff testified that she managed a staff of two part lime people and does a lot of bookkeeping with those people. (!g.). 10. Plaintiff tesllfied, "I manage a band of allomeys, I work with accountants, I do a fair amount of work on days that I feel well." (!g.). .' 11. She. testified that she works more than forty hours a week on her trust duties. (Plaintiffs depositi?n, page 63). 12. She testified that she is compensated at an hourly rate of $100.00 per hour and that she maintains a log and a calendar with regard to her work hours. (Deposilion of Plaintiff, page 64). 13. Ploinlilf ogreed otthe lime of her deposillon, to provide a copy of those documents to her attorney. (Deposition of Plainlilf, page 64). '- EXHIBIT 4 , i I ,..,' '. . ",.. I ., .... '..' : ...\iJ~ ,; - ",;. " ." ~:J~" \' '" . . ,,'"'. I . .. ...,'" ", :::,"::A~;';;~;:;':"":'.',',:'" ",..,.. . .";:., ',:,":: ".' , . . ;: "..:,-: ': ...~:.>:.. ,"".' '14..' After the deposition, Defendant sought to oblain records. with regard ta the' I., ,'. . . ".. " ;. .'-:::.';.~:I'''~.J:.' ,;; ,I ;' ',;, .:" ",' '. .' "...- .".,' ;." , ,':.,:,'(:,.:,' . activities of Plaintiff and her eamlngs.' ',.... ~ ....".... -,' . '. ' . . . .~~ .~~~.:.:.'~ '. .' .. . ...., ,'15," Defendantforwarded Supplementallnterrogatorles to Plaintiff to obtain this _::,<':'1~fi;~;:l:~:~ :'~'.~ I' . . .. ':~";' ,!t" Infonnation. 'I'.~ :':"~}:"_ t~ ': .' , . ' ',' ....... . 16, Defendant did not receive a response from Plaintiff and filed a Motion to , Compel Discovery for which this Honorable Court issued a Rule 10 Show Cause. 17, Counsel for Defendant agreed to hold the matter in abeyance until counsel for Plaintiff could confer with his client on this matter, a copy of Correspondence from ',' ' Plaintiffs counsel Is attached hereto and made a part hereof as Exhibit "A", (March 23, ',,' '. 1996), 18. Counsel for Plaintiff then responded by correspondence of April 24, 1998, a copy of which Is attached hereto and made a part hereof as Exhibit "B". 19. In that correspondence, counsel for Plaintiff indicated that his client was "adamant about not providing any financial Information to you in regards to the trust. If you believe that you stili need the Information, yo,u will have to get a Court Order forcing my cllent'to tum that Information over to you. It is our position that this Information Is unnecessary as to the case: 20. Ttie information sought by Defendant is relevant as to the issues as follows: (a) Plaintiffs claims to past and future lost wages; (b) Plaintiffs claim of lost of future eaming capacity; (c) The veracity of the averments of Plaintiffs Complaint, Including but not limited to her statement that the injuries prevented "her from performing all or substantially all of the material acts or duties which constitute her usual and customary daily activities and usual and customary employment activities; (Plaintifrs' Complaint, paragraph 18); EXHIBIT 4 ",,' ........::\.~ i . ", ',. . ~ '\'" . . . . . ' ! \',~'(""'~"~;r.l.I".~"....l"'-""";"-' ....;.. . '" I ~\.".t.':"1.r.ii':~"<,~,;"" '."., .' ".' . ......".,.-,:,........,.......' ,'. I M.:"'. \....11,.,;.~......;;..'. .' ;.;. ':1 l..;;.,~.. . . . , I.'. .' '." ." I '~'I:'I;"i~":l",,<..tJ.'l:"""~" ',. fl,.. .1 . ... . , It-.......~ ,'j ,. . .' .....:;"',.....:r~.';",.",..':~",,. . ..' :..:.1 I,..',.' . I ."".... .1\.....,.. . I~;. ...J . - . . of. I . ". I . , .4 '. ..' : . ~ ... . .~ ':'r.;. '.," of.. .:. I' : '" ," . WHEREFORE, Defendant request this Honorable Courtenteran Order compelling I ....;,.. "I~':': ~ ... ............... .... . . ..... ..' .. . :':.."" :....;;:1.' . . '., ....... ,."'.' . "', ' ' the productlon'ofthe Information requested by the Supplementallnterrogatorles, ',~''!!.::;~'.'o/<\?';'''' .... . . ,...~ .'::,',:: ' ," ' ;':.~'";''' ',.. ., . , ':'~';~':~:";;;;';";' THOMAS, THOMAS & HAFER, LLP . '~". ....:.. .. ...... " .~ By: Douglas B. Marcello, Esquire 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 ....,. ... ',>:~ .:'. EXHIBIT 4 . ..~ .::. .,', ~ .:; ,..;'1. .".. .... .'" "; .....;r:J.t,,,.~.,..,v........' .,........... .1,..;.... ., ~~1:~~W:l~A;i<i.: ':.:::, ~;.,) ;~,. ,,;:: " ,.\</.1'..:1'1,',.... ", ",'.."...,..,.,.',." ", , :.;.~., 1''':.,ll: I..j.;,i.,:.....l.'.i....\.,..~~.;;i.~ "..,. : ;.~ ...~~.;. ;-::, ~.1't" :'.. .., . " . "'", . ,:. '.' . .. ::i:..:/~:~..~;,..;~.r.~...,~,~ .. r, ~ i.,....;o.< :~..:r!'7.'... ,. ,....,.;... .., , '. "':: " ::'~'}~;'; ;i}r~~E'Y;', , . . .', .:-,;'~ ,,: :,': ",. ..-,.'_t"l........ . . . CERTU=icAre OF SERVICg . .~. ," :'~:r.~."" :" . .: , '0,. .. ,::;', .~,.,;,.:.:.;,.>2.:;.'. " :. '\.1" ~.. ,;,;.'....",:,.,;,.;,; ,..AND' NOW tbis ,..""........,.dayof ",.~.: ". .1996 I ~~;~~:::;;~:;:;:;:>. ...... ...',. .,t,. . .., _.::, .., ' ,;...,..", " " ~:::.,:::'.~ynthla D. Byrd, a secretary in the'law firm of Thomas, Thomas &. Hafer, hereby certify , :"-'::"'iiiat I sent a true and correct copy of the foregoing document by placing a copy of the , same in the United States Mail, first-class, postage prepaid. to the following: " , ',~~.'",,';'" . Stephen L Banko. Jr., Esquire REYNOLDS & HAVAS 101 Pine Street P,O. Box 932 Harrisburg, PA 1110B-0932 (Attomey for Koptcho) Ron Turo, Esquire LAW OFACES OF RON TURO 32 South Bedford Street Carlisle, PA 11013 (Altomey for Plaintiffs) , . Karsn S. Feuchtenberger. Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 11101-1268 (Altomey for Rightor) Edward L Schorpp, Esquire 121 West High Street Carlisle, PA 17013 (Altorney for Sweet) ...... Cynthia D. Byrd ... ...; EXHIBIT 4 .:'.. . ,,' .........., .~.y(.:-i\:..,:l/ ~:;. ... ':,' ..... I"':;'.~~ C~...~;;,~ ;.~:'r.;. \ . . ..,.... .' ", ". '. ~'.' .." l~ .......\...- . :' ;.',:: Turo,: LdW;~Offices :"',,":1: Pi-:! ,. -.. " "'. .. )l......~ ,.,'" . ".~:;:",::RON, TURO,'ESqufrQi'1'-":" , . . _ . .,1. ,::.;::~.,~,.:,~,O~ER:r.: J~,MULOE!'lIG. Esqulro .. j:~.""':' USA M.WHISTLER, E5qulr.' .,~~:II~~~.. . . .' . ''', .: MATr McCLENAHEN, equill ....~.'t~.~~..;;;.~~::,_T~.~ :_";:~4:' '.', ...... ..' ~.. ..~'B~~:~~:~..:F:-;:'~': '.;.~ ."," MA" r. U' "~,, n:', ... ';:'U , I 3Z Soulh Bodlord Str..t Carlisle, Pennsylvania 17013 (717) 245.9688 (800) 56Z.9778 FAX (7t7) 24S.2t8!i I". ... ........... ....~....... March 23, 1998 ..... .~ '. .. . . . . Douglas 8, Marcello, Esquire Thomas, Thomas & Halfer 305 North Front Street Sixth Floor ,,', , ..'P.O; 80)(999 . Harrisburg, PA 17108 RE: White-Vencll v. Myers at. al Dear Doug: I am writing as a follow,uP to our poone conversation of March 19, 1998, As I indicated to you we will be reforwardlng the supplemental interrogatories to Ms. White-Vencll for her review and, hopefully, answers. We also will be forwarding to her the medical releases which you had prepared for her signature. it Is my hope that she will retum these to me within the next twenty (20) days and we wiD be able to complete discovery in a timely fashion and move forward in this matter. Based on our conversation you have agreed to withhold any further action on your motion to compel discovery based on my willingness to provide this Infomiation. Obviously If Ms. Vencil-White is unwilling or unable to provide Information we will then have an opportunity to bring the matter belore Judge Hess for a ruling as to privilege or- irrelevance. Your professional courtesy In withholding any further action on this matter is greatly ,and sincerely appreciated. 1.look forward to being In touch with you Just as soon as I have an opportunity to review this matter with my client in detail. ;/Wc furs, I ~~ru : I .W , RON TURO, ESQUIRE RT/kac 'v cc: Nancy White-Vencil EXHIBIT 4 ...,,'~' :" .... '\'" , . . . .~;,~~\'~'JJf.:~:';. P~l"'.~t.~.,., .. .. . h , . . .,'I.lfl-;" "',"1" ,.' (;':\f~rluh)!Law Offices . ,,;,..'.\'.t .1;....',:,..:.,.......,. . . ,,;:,.;.'RON:TURO ESquire " ':,;', ~ t,~ , '" I. .,.,~~,~::,~'ROBERL,J. MULOERIG, Esquiro ~"';',I",":~USAM, WHISTLER, Esqulre j"I~,\~';'~:"""~ ..", . . " ,;,,"'" MAT,( McClENAHEN, Esquire .~,.::~~~'tt~f.~:.", . .... .: :~~:<:i:('l :/~.~,.. . ......~,_...tJ........,....... .. '_"~ 10.; ",. ,- ,- " ' ..... "1". ";",1. ,.t' . ....I.,...'\h/~....,....:.,: . . ",'. ,:l: :.. " ..,".f;,.''''''}'' . ,.".; . .... .,. ,', '.. . ,'~I t.". "" . , ' . .,' :3';:' \..' ......... '",' ".," ...\...... . i ' ~ ".. ,,,:':': April 24, 1998' " ....... .' ,.-,.,'.': :" :. ....l~::. I' Douglas B. Marcello, Esquire Thomas" Thomas & Halfer , 305 North Front Street, 61h Floor P.O. Box 999 Harrisburg, PA 17106 RE: White-Vencil v. Myers et. aI APr: 2 11 "'~J , , 32 South Blldlord Slrul Carlisle, Pennsylvania 17ot3 (717) 245.9680 (800) 582.gnO FAX (717) 245-2t65 . .~:~~. ',' ';~>'. :.~~':.t Dear Doug: Please find enclosed the signed medical releases that you forwarded 10 this office for the above referenced case. Our client is adamant about not providing any financial infonnation to you in regards 10 the Trust. If you believe that you slill need this Infonnallon, you will havs 10 get a Court QrCler forcing my client to turn that infonnatlon over to you. II is our posillon that this Infonnallon Is unnecessary as to this case. Ms. White-Vencil has medical costs in excess of your client's polley limits. Also find enclosed a stalement from Dr. Graham from the Aesthetic and Reconstructive Surgery of Central Pennsylvania Also be advised that Ms. Vencills also treating with two more doctors, Dr. Fryman and Dr. Thomas located at Ihe ,Osteopathic Center for Children, 4135 54th Place, San Diego, Califomla, 92105-2303, phone number is 619-563-7611. Your prompt attenti~n 10 this matter i~. " ' 'f, Slncefel yours, i~" If I I RON l1JRO, ESQUIRE . . ; l . . . ,. \../ ,. . . '. -.' ... ,.' . ! . ...'''.... .:.. RT/kac cc: Nancy White-Vencil Ed Schorpp, Esquire Karen S. Feuchtenberger, Esquire Slephen L Banko, Jr., Esquire EXHIBIT 4 '. ~eJtJltJ'iC.c.- 1Jt;lIcm~ lIIgtff~ (:;~,:: .~:;~:.::~)~i.../...',. . :~:. . ,-'I ..' ,",: .. '\~{~:.::::~~'f.:<': " . '..':,., '. . .,.......... . ~ . .... . ,. . ....... .. ":, WUllam P. Graham. III, M,D. , . John P; 51' all.. M.D, , ", La'itrence K. Thompson. III, M,O. u(Cmffllll',"IIIsyll'.IIIIII, I',C. .:; ',' 8 t6 Belvedere,Slrel1 , , , Carhl., PA 17013 (717) 249.0100 Fax (7t7) 24g.8089 650 N. Twelllh 511111 Lemayn., PA 17043 (717) 763-9784 F.. (717) 7&3-7710 Kay. M. Riolo, M,D. Donald R. Mackay, M,D. Peler Glessweln. M,D, 4700 Union Oeposll Road. Sull. 240 Halltsburg, PA 17 III (711) 541-4303 Fa. (7tl)5. 1-4446 MarchJI,I998 Ms. Nancy Vencil 3 Latchgate Lane Mechanicsburg, PA 170SS Dear Ms. Vencil, I was very glad 10 see you again today. Ilhink Ihatthe lillle breast mass that you have detected on the right is probably a bit of fibrous lissue since it does not show'Up 85 8 cyst on the sonogram. However, I agree wilh Dr. Solo-Hamlin that it would be prudent to consider removing il. Tlus has to be done very carefully to avoid any chance ofinjury to the implant. It would leave a very small mark on the laleral aspect of Ihe breast as the incision would be made directly over the mass. You expressed a number of concems 10 me regarding the problems of your facial )truclures that have occurred as a consequence of your 1993 motor vehicle accident. Chie'famong Ihese are your nasal profile and conlour, a lack of upper lip fullness, a lack of support to the outer aspect of the eyelids wilh "sagging" of the lower eyelids. Addilionally, you have concems about the asymmetry oflhe forehead, the prominence oflhe folds ex lending from your nose past the corner oflhe moulliaml what you refer to as crapiness of your upper eyelids. 1 spoke wilh you about a consultalion wilh Dr. Thompson, whose opinion I regard highly as far as an individual who is e~perienced and eldremely compelent in lhis area of surgery. I am concerned thaI your goals and objeclives may be far grealer than thai which can be achieved by surgical intervention. You are not going to be able to retum 10 your preinjury status no mailer how much surgery or no mailer how carefully it is done. The things lhat are available 10 us are freeing Ibe scar in the forehead area to try 10 reduce the wrinkling that occurs because ofthe damage 10 the muscle, fat injections of the upper lip and along the folds from Ihe nose down pasllhe mouth, removal oflhe e:dra 10IVer eyelid skin, and possible EXHIBIT 4 PI..licJCo.meUc 5UIO"'" , D,e..1 P,ocedullS ' Mlao 5u,ge,., . L...r C.pabllllles ' B.nd Surge,., nillh Oo'eelS' Endo.eoplc PI..Ue 5"'90"" Dlomedle Skin Call P,oglam Slate licensed 5Uf!Ji(~1 fac"'l.,. On.SUe . v.LlalH}{'il , ! , ! i" \: ~~'''~''i ~l~ ' II III ~.l ::S ~ ,.! '(. ~o "'Jo}~~~: ~S .... ~:. ~.I S~~ ',~, l';;, . ~ ~~ ~ 4( \.,.. , ,.....,. I \ \ , .\ i \ .. , \ , \ , \ \ \ ~ ",", ,.. 'ii <' ill! 0.\ :>3~ s ,Q .- .! fl ~ ~.- li'ti fij.;.lili Zctl~ I I \ \ I I I I \ wi I , ... ~ l~'\ ~l ~ii ~ t:I~ Cl .. , os \,,\ ~ .. . '"" TIlro Law Offices 32 Soulh IllIdIOfd S..... CarIIIe.PlMlylvenla 17013 TO: -AlA JJCV Dale: I!~{ /; J7 Re: The encloSed matertalls sent ~OR YOUR INFORMATION o PLEASE SIGN AND RETURN (717) 245.1l688 (800) 562.sns FAJ<17171245.2165 ,/1;1r~ 10<J ~T YOUR REQUEST 6 PLEASE CALL TO DISCUSS .. f7 A / ~cel,,;;(y6t///W'- . Please contact us with any addillonal questions. &JJlON TURO, Esquire 0 ROBERT J, MULDERIG, Esquire OLISA M. WHISTLER. Esquire 0 MATT McCLENAHEN, Esquire EXHIBIT 4 . .-......- Nnncy White Vendi 3 Latchgate Lane Mechanicsburg, PA 17055 September 3, 1998 Mr. Ron Turo 32 South Oedford Street Carlisle, PA 17013 Dear Mr. Turo: I was extremely perturbed to learn today that you filed an Answer to attorney Marcello's Motion for Sanctions without having consulted with me first. Moreover, I expressly told you last week that I needed to discuss my specific answers with you, and that I wanted to review your dran prior to your filing the answer with the court. As such, YOII may have again jeopardized my position with this additional negligent and reckless action, as you did when you did not answer opposing counsel's Motion to Compel, and when you argllcd issllcs before the Court wilhout preparing with me, or even informing me of oral argument. PIc.1se immedialely fax me a copy of your Answer, so that we can amend it and/or nt it prior to the deadline for filing (September 8, 1998). EXHIBIT 5 Colledge & Snyder, :Re. CERTIFIED PUBLIC ACCOUNTANTS P.O. Box 245 . Mltfllntown. PA 17059 Phone: 717 - 436-2050 . Fax: 717 - 436-8824 August 21, 1998 Mr. Ron Turo, Esquire Turo Law Offices 32 South Bedford st. Carlisle, PA 17013 Dear Mr, Turo: We have prepared Michael Scott & Nancy White Vencil's individual income tax returns for the calendar years 1993, 1994 and 1995. Nancy's income for those years from the C.A. & Flo B. White Trust for trust management/timber sales are as follows: 1993 - no trust management/timber sales reportedi 1994 - $60,851i 1995 - $39,401. Sincerely, ~wyv~d, ~.dt'<.Jf cB1 Lonnie L. Snyder Jr., CPA pc: Nancy White Vencil EXHIBIT 6 8'i 1 not -- the fact that I can't do all the exercise or maybe do 2 this that I never did, that is not the real altering thing. J It's like I got to live with this for the rest of my life, 4 this pressure in my head. That's what's hell. 5 BY MR. MARCELLO: 6 Q Have you been keeping a diary or any other 7 journal in terms of tUU~ condition with regard to this 8 accident? 9 A No, I don't keep it. No one ever told me to. 10 That I don't do, I just have always kept track of my time. 11 For this reason, sir. I have limited tort. I am not out 12 looking to make a bundle, I'm not, quote-unquote, a lot of 1J people are, running around with tort, looking to make 14 thousands, hundreds of thousands of dollars, on pain and 15 sUffering. I just want, at this point -- you know, maybe I 16 will want pain and sUffering some day if they never get this 17 pressure out of my head. At this point, I definitely want 18 reimbursed for my lost time, my lost income, the moneys that 19 I put into this, You know, it's ridiculous. Why should I 20 be paying for this. I did not cause this accident. Four 21 other -- three other cars all point the finger to who caused 22 this accident. No one short of a miracle, nothing short of 2J a miracle, could have made any car stop, No other car 24 stopped. You couldn't have done it. It was just that, 25 quote-unquote, it's an accident. EXIIIBIT 7 . "';/,-,'...~I~ "t,,,., M~~CAlIL.HY & ASSOCiATES Nuncy While VCllcil AugusI 2<1, 1998 !'lIlIll 2 AHer you have had a clllmce 10 roview Ihis leller, kindly conlllcl IItC if YllU feci 1111I1 thrIller cxplanulion is nccessury. Sinccrtlly, McCAUI.EY & ASSOCIATES, PC Cf'--r7 )11 m L~~.& -i~ ORE(iORY M. ~c(,^lJI.EY, ESC)UJI(,)?7A.v1 <iMM/vr , ' : ' EXIIIBIT 8 (3) The plaintiff. Nancy White-Vcncil, is directed to respond to supplemcntal interrogatory number 3 by stating how and whcn the subjcct journals wcrc gcnemtcd. In the event she fails to do so, she will be cstopped from tcstifying as to damages at the trial of this matter. BY THE COURT, Nancy White-Vencil, Pro Se Michael Vencil, Pro Se Douglas B. Marcello, Equire For Defendant Myer Stephen L. Banko, Jr., Esquire For Defendant Koptcho Karen S. Fcuchtenberger, Esquire For Defendant Rightor Edward L. Schorpp, Esquire For Defendant Sweet :rlm f'~ ~tL /l/3b /98, -~~~~ ~.l', .. .-.... . IN 'HE COUR' Of COMMON plEAS Of CUMBERIJ'NO COU""'. PENNSYLVANIA Civil Action. LaW NANCY WHITE-VENCIL, and MICHAEL VENCIL, Plaintiffs No. 96-6457 cIVIL TERM JURY TRIAL DEMANDED I \' , \ VB. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR. and OKLA SWEET, Defendants Sl~~I~'::.:;'c':'=~~~ ~~:::t;.S;D'2 1.0 T~E PROT~ONOT AR'G. KlndlV wlthd'"w thO .....,.... of EdW.'" L S.ho"" E'DU'IO, .. .t""n.v to' tho oat.nd"t, Okl. sw..t, in tho abOV....th... m-' and m." thO do.kat accordinglV, LANDIS aLACK & SCHORPP Date: U~/J. I" l'l" f BV~~ EDWAn,) L. SCHOR P supreme Court 1,0. #'\7495 Attornev for the Defendant. Olda sweet '\ 27 West High Street Carlislo, PA '\ 70'\ 3 l7'\7l243-9258 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY WHITE-VENCIL, and MICHAEL VENCIL, Plaintiffs Civil Action - Law vs, No, 95-5457 CIVIL TERM CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Dafendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~CJ""" day of ~ , 1999, I, Michael B, Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Withdrawal of Appearance! Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Deborah A, Cavac!ni, Esquire Caldwell & Kearns 3631 N, Front Street Harrisburg, PA 17110 Robert p, Kline, Esquire Law Offices of Ron Turo 32 S. Bedford Street Carlisle, PA 17013 Stephen L. Banko, Jr" Esquire Reynolds & Havas 1 01 Pine Street P,O. Box 932 Harrisburg, PA 17108-0932 JAlI- 13 00 10: 36 FPOI'I: T"'J!'l':'S THO:'l':"; ili23i710~ TO:ili+,:49+4O::14 P':";E:02 Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBER~ND COUNTY, PENNSYLVANIA NO. 95-5457 CIVIL ACTION - ~W JURY TRIAL DEMANDED NANCY WHITE.VENCIL and MICHAEL VENCIL, v. CHERYL L. MYERS, DENISE KOPTCHO, DAVID RIGHTOR, and OKLA SWEET, Defendants PRAECIPE TO THE PROTHONOTARY: Pleall8 mark the above-captloned /- /'?:-.t7 CJ j '- tn fr. 1; -.1' <', ,..:.:.: ~ I ,.... -<-. - .::>..,.. , ..? ''') ....'.. ..- ,:);; . l;j:_ '- -- ~.... , .l...... r:'.., (\J c_,!:! II , :-~'f/) " . C. 'CoO:" '" ' '" if) .,l 'I. t...: ;'l:!~ 1_' <::> 2i '.::J c.)