HomeMy WebLinkAbout96-00769
"
,
'I
'I
'I
,
,
,
,
I
I
, "
I
'iII Ii
"
'I"
\'
"
";
"
"
'"
L.
~
?
-
(..
~
V)
Iii
, .
,;
o I - ~
'.
,
.
,
II
I.J
I,
"
,
".
I'
'I'
, '
I
,
"
Ii
,
"
"
III
,
,
, ,
,j'
, '!
I'.'"
I'
"
','
'i
"
1.,
/I,
,
I
"
,
,
'I
"
;'il
" ,
"
",
!j_1 I
:,',
'-J '_>1'
"
,,'
,
,I
, ,
"',
,II
"
,I'
1-,
,"
. ,
Ii
"1
"
,il
"
",
, '
"
"
l-,
I '
,
"
d,
.
"
"
,
,II
I
,
,,1 J
I
,
!!
,"i
"
';j
I.'
,
c"
"
,,'
I,
g
J
V)
'I
,d
if
,
I
"
'-j- '
,-h,
"
, ~ J"
I,;
, I
"
.
"
'11,
"',I
I'
.
"
-,',1
"
"
'I
,
,I
"-1 L,
I',
1/1
, '
','
'I}.
I,'
"
"
"
"
, .
..'..... I I
...~I\
\
1'_,
"
!,"
I,
h'
, I
,
,
"
'I
,
"I,
,I
",
:/
, "
I.
"
,;'
~ \
I
'I
'.
'.
'.
.'
'It
"
ii'
"
"
'I
"
"
"
"
/'
,
f
'"
,
',I
"I
'I
, ,
,.
,',I
,
"
..
! ! L J I
I, !I
"
,I
"
1\"
,
,
"
~
J
, Ii
,1'1
,
"
'I'
"
,
d
.'
"
, "
-I ,p,
,
,I
",
,
.,
d'
,
i
,I
I
;i
,
I,
",
,
"
'.
"
,
,
I
,I
I
Ij 'j!
"
"
, ,
"
,
.
"
d,'
"
,,\
i'l
'l'j
'-If
"
"
"
,
,
.
,
'1'1
:1,
,I.
I,
"
,Iii";l
I'
0-
...3
r
"
..,
, ,
'I
.. '
"
,
I;
, '
},
"I.
',I,
"
"
"
"
"I,
'I" ./
,I
"
,
"
I:;
"
Ii,
d,
..
;:,
,
,
,
I'
I'
"
',i
,',
~
U
.;
o
?:\
\; '\1
,I "
I
"
i "
,
,
I'
,
, "
;',.
'I
I
,1,1
'"
"
"
"
"
, '
I,
, ,
"
"
. "
I,
,,'.
I"j
, '
,
,I
-'
"'W O"IU.
JOHli .. MAliCKI
,. KICHAltD WAOlilK
DAVID I, "IK'HIY
WI~L1AM 'r, 'U~~y
MANCKE, WAGNER, HERSHEY a TUL.L.Y
.n.. NO"T" "'ON.,. .,"'..,
HA""".U"O. ". 17110
AKIA COOl? I?
114.7011
November 2, 1999
, ,
The Honorable J. Wesley Oler
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Re: Sausman v.Shriver
No. 769 Civil 1996
Dear Judge Oler:
I am pleased to infonn you that the above-captioned matter has be~n settled
between the parties and therefore can be stricken from the trial list.
Your attention is appreciated.
('
/)
Sinc~i~ly. ..
/"
C._~_~
/ )
P,~~Wagfi~r
. ,
PRW/dks
cc: Court Administrator
Michael Scheib, Esq, ,
NOV ... 4 ' ,y,','ly
" ,
"
"
"
'i
, ,
I
,
,
1,'1
, It,
,
1.1
,I
II
"
,
I,
'I
"
,
, ,
,]1
'\
0\,'
il
, ~ I
,'I
,I
"
:1
"
rl
,J"
'i
)
"
,:1
"
'"
III
, .
'J
,.1
,,1
i'
IL
,
'I
c,
,
"
,
,
,
I, \I,
"
,
'I
"
ji
j'
'I
,,-1
'j
,
11
"
"I;
"I
1),1'1
II ') ~
'Ii
"
,
!J'
,
,
"
i.J
1 i
'11
Ii
j;l
"
'.j
;I
I'Ji
, ,
"
,
fI
)i
"
"
d
'r'"
l:"~
to
It,ll
"
"1
"
,
,
';1
, .
,-:',
leI
, ,
.
j',-"
._,
,-iI
:;)
~i,; f
'.o!
~'(.? ;
I: ',,)
'1'",)
,,1
",
',1
;.....;.
i-j
"
"d'!
" I
,
" ,
"
.1-4';;;' ;
,}J~,'.~"u
iii"",! .,
tn'" : ,.~ ' , , III"-~-.
\1' 'I.. '.
I",WI1HIl'...l
. .l'Bm".1l'l!iI
. "-!ill!. \UI P^11UMll
, .NlIiN6'NlrMI~'
:- -' .-- 4f'Il:lNIIV~----
MANCKE. WAGNER. HERSHEY & TULLY
,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAN c. SAusMAN and
ELFRIEDE LOUISE SAUSMAN,
Plaintiffs
.
.
(1llll C Jl11 f~'-
NO. {;ft.
I
7~J~
.
.
CIVIL ACTION - LAW
v.
.
.
TERRENCE O. SHRIVER,
Defendant
,nleIPI rOR WRIT O. SmolONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue a writ of summons in the above-captioned action.
Defendant Terrence D. Shriver's addresS is as follows: 46 west
Simpson street, Mechanicsburg, PA 17055
Writ of summons shall be issued and forwarded to
( I Attorney (Xl Sheriff /
-
P. Richard wagner, Esquire
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front street
Harrisburg, PA 17110
717/234-7051
(-_. -.,-'
signature of Attorney
suprema court 10 No. 23103
Date: .: /8/f1..'
T (
JlRIT o,JllIDIQU
TO THE ABOVE NAMED DEFENDANT (S I :
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF (Sl HAS/HAVE
COMMENCED AN ACTION AGAINST yOU.
Date: .)
/.:;
Ii ~
.
L 1ft, I I II ~ ( l'
prothonotary
By
"
( ) Check here if reverse is issued for additional information
'\"' '.. ...--"...~......""""'t11
,
I"
",
~J
"
. ,
, ,
. "
, ,I " ,
,I ,
;t
, 'J
Ii"
, " , , " .
;f
" il
, I. . I'
" , , " ,
" ,
, . ,
1 , , 'I
I , {'
,,' " ,
"
" , "
,
"
I"t "
" ,
, . , !l
I , " , .'1 'I
" , , , ,
'! , , ,
, oi
,
, Ii
.
,
, , ,
, ;;
, , ,
. , ,
, , tti ,
" I \1 ,~~! ,",\
f; l,~ l<, , ,
'j ,'1 '1)i'-: ~n " 'j
, ,I ;,J
, , , fJJ(!,J \,:71
'I J
" ~'_':l "
. , , 'i I ' 'J
II , 1:) , !.-}).i ,"
, ;'--1 .' , .. :J
. , , F~<,'J 1')
"
I , II; --, "1
It;;", , I""
., j;r{
, 0":'1'.
" j! '~.t;: );1' )fr
, .. I
.L !' ,:,::), Ii;.
, ..
'I -" ,J..'" , J ,
" , " -,
, 0" , .' ;1
, , , ,
,
,
" '., 'j
,
,
" , , .
,
, , ,\
,; " '-l ,
, PI
I.', i-' "
\ , ,
,
, "
, " 'I
, '-'I " , , :'
,;
. 'I ..
'.
I J' , 'I
,I " "
, ",
, , , t',J .
" "
'. , ,
, , ,
, , .
, I Ii
,II
..
" ,. JI,
,I, ,
" "
, '"'
il I'
,
, I
, ,
"
'f , ,
"
" !I ,
. ,'1.1
,'1 Ii III ~ )
" i] , , ;I , i! I
, ", , I ;!\
, . , , , 1.1 "
, 1\\ I" , I
I
"!.) ,.,
I i'l " . I
',;
I, " 'J
, , , " ,
, ,
'_I 'I'
'l
'\I\'~ ' I "
2 1"11) ,I
OI' , ,
.C; " 'i i'i ;,
", ':~~ I, . "
Ii .6 1" ;,1 '. I
'r(: '11 0\ ,
~' , I,
Cl.. ~)" d. H , Ii " 1111
, .~ I
I ) "" .,tl"
1\" - j
u..:. 'I
\.1, C!:t',
'..:1 I~-
F ~ "
~ ~~ a '. iil
, f
, " 11- , ,
, I ,'-' , , Ii , "
, , I
, ,
, "I " "
"
, " if "
I, , "
" "
" , ~ I
I, ,
I' , i' "
'i :i d
I, " ,,' ,"
'i' .' . " [1
, I;'
, " "
.
.
,
, ,
"
,
'I
"
,
i,
,
",
; r,
..
.
"
CIVIL ~TION . L~W
,
I
I
\ .
I.
I
I'
"
I,
! r .
[r
IN THE COURT OF CO~MON PLa~S OF
CUMBERLAND COUNTY, PENNSyLVANIA
v,
I
I
I
I
I
I
I
I
'l~
No, ~.76~ Civil
JAN c, s~uSMAN and
BLFRIBDE LOUISE SAUSMAN,
plaintiffS
TERRENCE D, SHRIVER,
Defendant
AND NOW, thLB
CRRTIFICATIl 01' SERVlcm
~h i
~'I' day of August, \996, I, charles B, calk ns,
,
Esquire, a member of the firm of GIHFF't'fH, S'flUCKLlilR, LERMAN, SOLYMOS
& CJU,KINS, Esquires, hereby certify that I have, this date, eerved a
copy of Interrogatories/Request for production of Documents set N9' 1
by united States Mail, addressed to the party or attorney of record as
follOWS I
p, Richard Wagner, Esquire
Mancke, Wagner, Hershey & TunV
2233 North Front Street
Harrisburg, PA 17110
q~l"lTH, STRICKLER, LERMAN,
SOLY NS
j'
,
BYI
ell B, Calkins, Ssquire
Attorney I.D. No, 36208
,I Attorney for Defendant
110 south Northern way
York, Pennsylvania 17402
Telephone I (717) 757-7602
" ,
vehicle in which the J?laintiff Elfriede Louise Sausman was a
passenger.. oausing serious injuries as hereinafter set forth,
.7, The aforementioned collision and accident were a direct
result of the carelessness and negligence of the Defendant,
Terrence Shriver, as follows t
a. In failing to drive his vehicle at a safe speed for
the conditions that existed;
,b. In failing to have his vehicle under control so as
to prevent the vehicle from travelling into the
opposite lane of travel;
c. In operating his vehicle at a speed that prevented
him from stopping within an assured clear distance
ahead;
d, In failing to break so as to avoid a collision with
the vehicle in which the Plaintiff was a passenger;
e. In permitting his vehicle to croGIe the center line
into the path of the Plaintiff's vehicle in which
,she was a passenger;
f, In operating his vehicle in such a fashion so as
not to control it, preventing it from travelling
into the opposite lane, striking the vehicle in
which J?laint iff was a passenger;
g. In violating the provisions of the Motor Vehicle
Code by driving a vehicle at a speed that was not
safe for the circumstances;
h. In exceeding the epeed limit; and
r
.-1>
..
i, In driving his vehicle in excess of the posted
speed limit of 45 m,p,h.,
8. As a result of the aforementioned accident, J?laintiffs
herein did sustain injuries as set forth hereinafter,
COUNT II BLPRIIDB SAUS~ v. TSRRINCI SHRIVER
9, J?aragraphs 1 through 8 are incorporated herein and made
a part hereof by reference.
10, AS a result of the aforementioned violent collision of
the vehicle, the J?laintiff Elfl'iede Sausman did sustain the
following injuries, which include but are not limited to the
following:
Severe shock to her cervical spine;
Severe shock and trauma to her neck and back;
Severe shock to her nervous system; and
Aggravation of pre-existing condition,
a result of the aforementioned injuries, J?laintiff has
undergone in the past, and will undergo in the future, significant
pain and discomfort.
12, As a result of the aforementioned injuries, J?laintif,f hall
in the past, and will in the future, sustained inconvenience and
loss of life's pleasures,
13. As a result of the aforementioned injuries, Plaintiff has
sustained and will sustain in the future, significant pain and
suffering.
14. As a result Qf the aforementioned injuries, Plaintiff'
will sustain a loss of wages and/or a 'diminutionln ellrning
capacity,
a,
b.
c.
d,
11; As
"
-'
AUG-30-96 FRI 6t34
PH [CO GROUP
FAX NO, 7176911776
P,02
W.1.%la.IDII
r verir~ that tho IItatoll.ntlJ made in till! rore9oinCJ
dOQU~ent are true and correct.
t under. tend that taleo
Itatemente herein are mode aUbjoct to the pGnaltlll~ of 18 Pa.C.S.
seotion 4904. relating tu unsworn tlllRtftclItton to authorities.
7
c<'~A~~"'4N-
DA'1'JI1 d~ J-'" /~~
f"l
,
.
,
,
"
,
I."
'I.
I"
. "
, , I
" 1)-
" .' I
"
'I, !l
,'" il
" ii'
" "
" "
'i "
I "
I
~,
/:,
L
':
, ,
AOO-30-96 FRl
6134
II ,t,
PHICO GROUP
FAX NO. 7176911778
'V"!'Ia.a..~OII
"
X vo~ity that the atate.ente ..de in the toregoinW
dOCUNent are true and oorreot.
1 undor.tand that tal..
statementa herein ara made 8ubjeat to the penaltiee ot 18 Pa.C.S.
Seotion '904, relatin9 to unlllworn taleitia.Uon to authud.Ue..
DATl!l'
, -!
. ,
"
,
" ,
, ,
, , ,
,
" , I , 1\
I
"
, ,
9'/~1/9J
,
,
f ]1.,.
I,
,I,
jJ
" ,
" "
I',
I,
,
,"I , ,
,
. \, '1'1
.,'1
':1
,
\'1
';r
1'1 ;)
.-'
P,03
"
I,.
"
,
,
after reasonable investiQation, answerinQ Defendant is without knowledQe
or information sufficient to form a belief ae to the truth or veracity
of that elleQation and the same are denied and strict proof thereof is
demanded.
7. Denied. It is specifically denied that the aforementioned
collision and accident were a direct result of the alleged carelessneas
and neQliQence of the Defendant, Terrence Shriver aa followat
a. In failing to drive his vehicle at a sate apeed for the
conditiona that existed;
b. In failing to have his vehicle under control ao as to
prevent the vehicle from traveling into the opposite
lane of travel;
c. In operating his vehicle at a safe speed that prevented
him from stopping within an assured clear distance
, ahead;
d. In failing to brake so as to avoid a collision with the
vehicle in which the Plaintiff was a passenger;
e. In permitting his vehicle to cross the center line into
the path of the Plaintiff's vehicle in which she was a,
passenger;
f. In operating his vehicle in such a fashion so as not'to
control it, preventlng it from traveling into the
opposite lane, striking the vehicle in which the
Plaintiff was a passenger;
9. Ih violating the provisions of the Motor Vehicle Code
by driving a vehicle at a speed that was not aafe tor
the circumstances;
h. In exceeding the speed limi t; and
I. In drivin~ his vehicle in excess of the posted speed
1;!~
limit ot 45 m.p.h.
On the contrary, at all timea relevant hereto, Defendant operated hie
motor vehicle in a caretul, lawful and prudent manner and with due care
under the circumatancea and was not careless or negligent in any manner.
B. Denied. After reasonable inveatigation, anawering
Defendant is without knowledge or information sufficient to form a
beliet as to the truth or veracity of the allegations contained in
paraQraph B of plaintiff's Complaint and the same are denied and strict
proof thereof is demanded.
COUNT I
ILFRIEDE SAUSMAN V. TERRENCE SHRIVER
9. Paragraphs 1 through 8 hereof are incorporated herein and by
reference as fully af' so set forth at length.
10-15. Denied. After reasonable investigation, answering
Defendant is without knowledge or information sufficient to form a
belief as to the truth or veracity of the allegations contained in
paraQraphs 10-15 of Plaintiff's Complaint and the same are denied and
strict proot thereof is demanded.
WHEREFORE, Defendant, Terrence Shriver, demands judgment in his
favor and against the Plaintiffs, Elfriede Louise Sausman and Jan C.
Sausman together with interest and costs of suit.
COUNT II
JAN C. SAUSMAN V. TERRENCE D. SHRIVER
'16. paragraphS l through 15 hereof are incorporated herein and by
reference as fully as so set forth at length.
17. Denied. It is specifically denied that as a result of
Defendant's alleged negligence, carelessness and recklessneas a8
described in PlaintiffS' Complaint, Plaintiff, Jan C. Sausman, has been
deprived of the companionahip, affection, assistance, services and
coneortium of his wi fe, Elfriede Louise Bausman, all of which has been
to him great emotional and financial damage and detriment. On the
contrary, at all times relevant hereto, Defendant operated his motor
vehicle in a careful, lawful and prudent manner and wi th due care under
the circumstances and was not careless or negligent in any manner. That
Plaintiff, Jan C. Sausman has been deprived of the companionship,
affection, assistance, services and consortium of his wife to his great
emotional and financial damage and detriment are denied by Defendant,
because, aft~r reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth or
veracity of those allegations same are denied and strict proof thereof
is demanded.
WHEREFORE, Defendant, Terrence Shriver, demands judgment in his
tavor and against the Plaintiffs, Elfriede Louise Sausman and Jan C.
Sausman together with interest and costs of suit.
By way of further answer, Defendant asserts the following:
NEW MATTER
lB. Paragraphs 1 through 17 hereof are incorporated herein and by
reference as fully as so set forth at length.
19. Plaintiffs' injuries and damages, if any, were caused solely
and directly as a result of the negligence of individuals or entities
other than the Defendant.
20. l>~fendant encountered a sudden emergency at the time of this
accident not of his own making.
21. Plaintiff has not sustained a serious injury as defined by
Act 1990~6, 75 Pa. C.S.A. S 1702.
22. Plaintiffs' claim for non-ec9nomic damages may be barred
because Plaintiffs elected a limited tor option as set forth in Act
"
"
Y,RI5'!CATION
,
.,
I
I
I. verify that the foregoing f~cts are true and correct, upon my
personal knowledge or ~:\format.ior\ and beli~e.
This,verification i8
made Ilubje!lt to the penalties of 18 Pa.C.S. 5 4904, relating ti;)
unsworn falsification to authorities.
"
'"
Datel~
~~,'~I
Terrence 0, Shriver I
!, . . .,
" , .
'I
I
,!
'\i
"
if I
Ii
'ie,
ii'
I!'I
.,
I,
,I
I'
""1
I
"
,
,
I
;.1
I'
"I'
"
,
I
,I
;I)
I,
I!
''I
H
!l
I
" I, , ,
I
,':11,
Ii
,'I
,
I
I,
,'I
'; i ,-Ij
p2RTI'ICATE OF RERVICm
, ,
fIl1D NOW, tni~ ~day of September, 1996, I, Charles ll.'
calkins, Esquire, a member of the firm of GRIFFITH, STRICKLER, LBR~,
'SO~YMOS & CALKINS, Esquires, hereby certify that I have, this date,
served a copy of Defendant's Answer and New Matter to Plaintiffs'
complaint by United States Mail, addressed to the party or, attorney of
record as follows~
P. Richard Wagner, Esquire
M~ncke, wagner, Hershey & Tully
2233 North Front Street
Harrisburg, p~ 17110
(717) 234-7051
"
BY~
les B. CalK s, ESQUIRE
Attorney for De endant
supreme Court I.D. ~ 36208
11.0 South Northern way
York, pennsylvania 17402
Telephone~ (717) 757-7602
"
I,'i
,'i_t ,
"
"
,I
"
, ,
"
. .
, ,
II , , ,
,
, , "
,
, j' "
, " ,-
" " ,
,
, !j
, , -,
" , , ,
, " , ,
" J,
,- "
, ,
ii' , Ii
-, , iI
" , "1
, ,
", J "
il " -,
"
j'
, , ,
i ;j '-I ,!j, , ,
" , 'I
" 1'1 II " "I
, 'I Ii , ,
I 11 ,rl,
, "
'I
, , -, il
" ,
" -, ,
,
, (1' .,nll
, " , , n-
'It , , , -, I.J' Jo
, ' ~~:,II
" 0 ;l
, H ~V,_' ;n ,\ ;:n
I ., , ;...,
(" , , ..,,~
" , ,0> l;},-I
I "~ ,.1"1
'I .j"..1 " , , \(1
'I .i,'1 ' ~" ..tJ '"I
'I' 'I~;' ,"
'I .,." ,~l~
, , 1--,.., ~-. .
, ~- /," 't.'
" " ., ~'~_'I .. '~-1
., , .- "4
.-.,
I..... (l"' .-
'," ,
'J,
,
1,1 ,
i ~ i
, , ,-
;! -I, oJ
',1.1"" "
"
, :)1 " ./,
, ,.' , "
, ,
"
, -, -,
-, ., I J'
-, il
,! :1
...1 -
, , ,
, F"
, ,
" "
, ,
I'
'i! ;1 ,. " Ii d, ,
, , ,
" , ,
'- " ,
" "
JAN C. SAUSMAN and
ILFRIEDE LOUISE SAUSMAN,
Plaintifh,
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 96-769
I
I CIVIL ACTION - LAW
I
I JURY TRIAL DEMANDED
TERRENCE D. SHRIVER,
Defendant.
PLAIII'1'Xn' I AHS.1ft
TO DIIJ'lNDANT'I liD MATTIIR
AND NOW, come the Plaintiffs, JAN C. SAUSMAN and
ELFREIDE LOUISE SAUSMAN, husband and wife, by and through their
attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and file the
following Answer to Defendant's New Matter:
18. No answer is required.
19. Denied. It is denied that Plaintiff's injuries
were caused solely and directly as a result of of the negligence
of individuals or entities other than the Defenda~t.
20. Denied. It is denied that Defendant encountered a
sudden emergency at the time of the accident not of his own
making.
21. Denied. It is denied that Plaintiffs have not
sustained a serious injury as definlld by the Motor Vehicle
Financial Responsibility Act.
22. Denied. It is denied that Plaintiffs' claim for
non-economic damages is barred by II limited tort option.
I, i'
"
.,
t
, ,
,
,
"
,
" , :, "
, "
I
iil
"
'I h
, ,
I , I
I
,
1.1' "
"
'I ' I
, "
I , I'
, ,
"
, ,
"
I j!
'I
I'
"I!
I
I,
,'1'-'
"
:1
"
,
,
,i'l
"
\,/
(j I
I,
,
"
,
I,
;j .1
"
,
"
"
II, ,
",
, 'i
, t" "
'I
"
,
,
1" I I , (\
, I "
i'
" " ,
" ,I ,
, ,
, " , I
"
"
,
"
,
lj
"
,
,
,
"
!,
"
"
, '
I,
1-'(
'l
li!l,
,
"
"
:"1
"
,
"
ii'
"
'I
,
,
"
"
I
''I
,
"
,
',I)
'I
"
lj
Ii)'!
"
,I
"
fl'
,
"
"
I
"
,I
.'
"
"
"
I
Ii
I'
I"
,
~;.
jJ. fll
"seii!
~,j_i!'!
~f"i
..r:: "
r'"~}t\-:\
~t"!!
(' ~
j'l ,!
',~
"
i'i
"
i!
'I
, '
,I
':is
",.
" (,",'~~
':,.")
,,),
~.,;,..!I
"
I,;
,
,
.'t'
,':];'1
..,., '
...1..
8
"
"..TI
Ii' - ~
"0J
~ .I.,
:1'.\,
I~I;I
-:':. ~-'I~
, ,
I.i'!
':11
.....
'ft'iJ
-
tTI '
I,
"
I,
-'
defense In this metter.
5. On ~eptember 3, 1996, Plaintiffs flied their Complaint In connection with the
above-referenced matter.
6. Defendant Initially arranged f(lr the Independent medical examination of
Plaintiff Elfrlede Sausman to be performed on August 14, 1997.
7. The IME however had to be rescheduled once to accommodate Plelntlff'e
schedule and once because Plaintiff failed to sppear. The IME did not occur until
January 22, 1998.
8. Plaintiff Is responeible for the 5 month deley In the arranging for the
Independent medical axamlnatlon.
9. In addition, Plaintiffs originally scheduled the deposition of Dr. Ostdahl for
Tuesday, June 15, 1999. However, In June 1999 Plaintiffs decided to continue this
deposition.
10. During the Summer of 1999, counsel for Plaintiff and counsel for
Defendant disputed the admissibility of Plaintiff's medical bills. Plaintiff felt the
records were admissible. Defendant malntelnad that the records were not edmlssible
beceuse the entity which paid the madlcal bills was not an ERISA qualified plan.
11. Plaintiff's counsel stetad that he would provlda documentation to tha
Defendant to establish the admissibility of these records. Plaintiff's counsel, however,
had never submitted these records to Defendant until after the recent Pre- Trlel
Conference. 8ecause of this dispute, counsel for Defendant Shriver did not think that
Plaintiff Intended to list this case for trial.
2
, '
.
, '
In the Court of Common Pleas of Cumberland County I
, Commonwaalth of Pennsylvania
JAN C. SAUSMAN and
ELFRIEDE LOUISE SAUSMAN,
No. 96-769 Civil
CIVIL ACTION - LAW
Plaintiffs
v.
TERRENCE D. SHRIVER,
JURY TRIAL DEMANDED
, "
Dafendant
'i
gRDER
Upon consideration of Motion for a Continuance of Defendant Shriver, and the
racord heraln, the Motion Is GRANTED. The case is strickan from the November 1999
trial list. Either party may relist this matter for trial;
.;
Ralph Olar, Jr., Judge
"
, ,
,
,; ,
, ,
"
I,
"
)."
f' ."
,
. .
,'I
II
.
.
, I,
;l
, , .~ ; ! : ;. ~ ~ ~ I .
,!!, J
I,;,'" I
i111.: ,- ,
1 " t,,,
I' ,j', ,.,
'l'lll::, ", I
,Ill" '" I
I', \,jJIT ,1'1 'II
.1 1"'1(" "~,' ""
;. \.'\ ~ tj'j ",
~,(. .' II,~ I ,
1'.1 \ ,'" ',:~I"';i
;~lj,,,A-'I"'~._"'.':\
w,~ \
,I,,~ I" ,;,'J
"~ '
,T
':. ...~~_....
,.
~
~
'a;~
i~~o
'~!n~
~~olM
~~~~
~ g, .
'O~'t~
~ .o,Q
of! 4l~ fIl
V.l( 'M
';;1 OM ~
.~~~~
"
j
,.
I
"
.,
Iii
,
'i , I, ~
! r'
i~i
I \
, ~
',<
I
,
,
I ~Ii~
1
I
I
I
i
-
In the Court of Common Pleee of Cumberland County,
Commonwealth of PennsYlvania
JAN C. SAUSMAN snd
ElFRIEDE LOUISE SAUSMAN,
No. 96.769 Civil
CIVil ACTION. lAW
Plaintiffs
v.
TERRENCE D. SHRIVER,
JURY TRIAL DEMANDED
Defendant
DEFENDANT SHRIVER'S MOT/ON FOR A CONTINUANCE
I . .
" "J I. r,' I (I
COME NOW, this x' _ day of ( ( 7',... . ( ,
, 1999, comes the
Defendant, Terrence Shriver, by and through his attorneys, GRIFFITH, STRICKLER,
lERMAN, SOL YMOS & CALKINS, and Michael B. Scheib, Esquire, hereby files this
Motion for a Continuance and in support of the Motion states the following:
1. This case Is currently on the trial list which will be held during the week of .;
November 8, 1999. Defendant Shriver respectfully files this Motion for a Continuance
of this matter.
2. This Is the first ;equest for a continuance that has been made by Defendant
Shriver.
3. Defendant respectfully request a continuance of this matter so that he may
take the deposition of Dr. Roger Ostdahl, who is 1 of the Plaintiff's treating physic/sns.
Defendant would like to take his deposition for !,Ise at trial.
.
4. Defendant believes that Dr. Ostdahl's deposition will be beneficial to hi.
defense in this metter.
5. On September 3, 1996, Plelntiffs filed their Complelnt In connection with the
above-referenced matter.
6. Defendant Initially arranged for the Independent medical examination of
Plaintiff Elfrlede Sausman to be performed on August 14, 1997.
7. The IME however had to be rescheduled once to accommodate Plaintiff's
schedule and once because Plaintiff lalled to appear. The IME did not occu' until
January 22, 1998.
l:!. Plaintiff Is responsible for the 5 month delay In the arranging for the
independent medical examination.
9. In addition, Plaintiffs originally scheduled the deposition of Dr. Ostdahl for
Tuesday, June 15, 1999. However, In June 1999 Plaintiffs decided to continue this
deposition.
10. During the Summer of 1999, counsel for Plaintiff and counsel for
Defendant disputed the admissibility of Plaintiff's medical bills. Plaintiff felt the
records were admissible. Defendant maintained that the records were not admissible
because the entity which paid the medical bills was not an ERISA qualified plan.
11. Plaintiff's counsel stated that he would provide documentation to the
Defendant to establish the admissibility of these records. Plaintiff's counsel, however,
had nElver submitted these records to Defendant until alter the recent Pre-Trial
Conference. Because of this dispute, counsel for Defendant Shriver did not think that
Plaintiff intended to list this case for trial.
.
:2
._J~
~
. IAN C. SAUSMAN and
ELFRIEDE LOUISE SAUSMAN,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
: NO. 96-769
v.
TERRENCE D. SHRIVER,
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
Defendant.
PRAECIP~
T9 THE PROTHONOTARY:
Please mark the above-captioned matter as settled and discontinued,
Respectfully submitted,
Mancke, Wagner, Hershey & Tully
;jl
~. ..........-.....--.~~r..
..., --.
/' . ~." ,/
./,'/' :':';:;/~. 1.......
'. r_
, . L /.. P. Richarll Wagner, Esquire
, ..' I.!:)AI23 103
'. _______~2233 North Front Street
',' "'----'.. Harrisburg. PA 17110
(717) 234.70S I
"
Attorneys for Plaintiff.
" ,
,
D.te:~ g J (!()
.. f
, ,
j'
, ,
,I
-'
\,
I
,
,
'.
I-
1\
'I
i
" ,
r.
r
,I
,/
:1,
i'
II
,~
'I
'i'
i.~
'),
I'
,I
,
,
,
,
(I
"
'I,:
t
,
I'
Ii,
II,
! '1, I, I ,
, ,
d I I
I' I I ,
" , I,
, I
"
"
,i) ,
,
"
, ,
, , I
" );,
,
I'
I'
I
, ,
'I H , 'I
"
I,
, ,\'.
'I;
II
1',
;)
\ III
:l,
"
'i I
"
I "II
d.1
"
i
,,'
'j I'
,I
il,
"I
"
;J
,
"
,,)
'I,
I,
L'I
I,
"
I.,
"
'I
'I
I, ,Iii,
Id
:1
"
"
I-!
"I,
I
,
,
'Ii 11
d I, 'I
'I !}
I'
;I
',j
, ,
,I
I I
I,
Iii'
'I
;, I
"
,
I
II
I
"
I
,
"
II
!
"
"
I
'I
,
,\;',
,
,
I