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HomeMy WebLinkAbout00-02020 , BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000--2020 CIVIL TERM ',I' vs. GEORGE E. EDWARDS, M.D~ and FAMILY PHYSICIAN ASSOCIATES, INC., . . Defendants JURY TRIAL DEMANDED ORDER OF COURT IN RE: MOTION FOR PROTECTIVE ORDER FILED BY THE BOROUGH OF NEW CUMBERLAND AND NOW, this ~ I Sf' day of (Yl~ , 2003, after consideration of the attached MOTION FOR PROTECTIVE ORDER CIt"'lJlUn1wf' the Borough of New Cumberland, a ft&-riI.g- is scheduled for day of ~_ 200~at Ol.:~OJJm, in I Courtroom No. ~,Of the Cumberland County Courthouse. Further compliance with the subpoena dated January 30, 2003 by the Borough of filed by the ~ New Cumberland is suspended pending a hearing on the motion. BY THE COURT, Andrew C. Sheely, Solicitor - CDpie6 ier<,,, persa,.....IIc~ 5.~, '()'" for Borough of New Cumberland, petiti 7 ~ ,,~ Robin J. Marzella, Esquire _ . ~ Attorney for Plaintiff J9fY ~.~ Ad J. .s'l~IIOJ Peter J. Curry, Esquire - C6fY ~~ Attorney for Defendant Family Physician Associates, Inc. Andrew H. Dowling, Esquire - e!'Jpy /tU;.,'IY!!# S/.:J.//"-J Attorney for Defendant James G. Strupe .5/.:ulv ,~', ~lI!. " ~~ i1 -'~"'1' '~," ~ I!lII1flf "n 1." .', ^" - .,,'~', .~'-- ,'" ~,'. ;"-'~" ,," "-;.id~' ,w,,",,', ~1;;:;;"';~ijiilr:"~dCT-'f{'''(.'_if~;:'''XH'Trmlif~ }~h'bi:r~,')'~':"}i-''>'r , , \j!NI/,I\lA8NN~I~ '\ll~II'iri' ,.,,' ''', ,0"'" , I r '. " ; ~ :', > L : 7:"";! " '''''1'''\ , ,-,,~:r\:: Iv :' / .~;J ~, , vv.G- ,:j ,!? !I,"'(\ " (l,,;"J' ,. - ,l!j'II!C_,,, " ,~ '.1, I' l'!IF"""""""rljll..~"- , ,'" IJ[f ",lJrzj~~~~_I~ BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000--2020 CIVIL TERM vs. GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. , Defendants JURY TRIAL DEMANDED ORDER OF COURT IN RE: MOTION FOR PROTECTIVE ORDER FILED BY THE BOROUGH OF NEW CUMBERLAND AND NOW, this day of , 2003, upon consideration of the attached MOTION FOR PROTECTIVE ORDER and the Certificates of Concurrence attached to the Motion, it is hereby Ordered that Borough of New Cumberland shall release the requested discovery sought by Andrew H. Dowling, Esquire, in accordance with the subpoena dated January 30, 2003, subject to reasonable copying charges incurred by the Borough of New Cumberland. The Borough of New Cumberland, its agents and employees shall be held harmless from any liability associated with producing the documents requested and all documents obtained by such subpoena shall only be used by Defendants and Plaintiff for purposes of the above- referenced litigation without further leave of Court. BY THE COURT, J. ''l' Andrew C. Sheely, Solicitor for Borough of New Cumberland, Petitioner Robin J. Marzella, Esquire Attorney for Plaintiff Peter J. Curry, Esquire Attorney for Defendant Family Physician Associates, Inc. 2 ~~~ ~ Andrew c. sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA 1D NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE, plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000--2020 CIVIL TERM vs. GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Petition for Special Relief upon Robin J. Marzella, Esquire, by fax transmission and regular mail on April 25, 2003. I further state that I was advised by Robin W. Marzella, Esquire, that she did/~d n~concur with the attached Motion prior to its filing on the date set forth below. ~: M~~ , 2003 d~c~ Andrew C. Sheely, Esquire Attorney for petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 ~~. Andrew c. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000--2020 CIVIL TERM : vs. GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. , Defendants JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached petition for Special Relief upon Peter J. Curry, Esquire, by fax transmission and regular mail on April 25, 2003. I further state that I was advised by Peter J. Curry, Esquire, that he @did not concur with the attached Motion prior to its filing on the date set forth below. Date: (lA, 2-0 , 2003 I/-vWC Andrew C. Sheely, Esquire Attorney for Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 . ".li"Wl Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Meohaniosburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000--2020 CIVIL TERM vs. GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, : INC. , Defendants JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Petition for Special Relief upon Andrew H. Dowling, Esquire, by fax transmission and regular mail on April 25, 2003. I further state that I was advised by Andrew H. Dowling, Esquire, that he~ did not concur with the attached Motion prior to its filing on the date set forth below. Date: III cy Zb , 2003 ;tctJ c?5lS3 Andrew C. Sheely, Esquire Attorney for petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 " BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000--2020 CIVIL TERM . . vs. GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES', INC. , Defendants JURY TRIAL DEMANDED MOTION FOR PROTECTIVE ORDER IN RE: SUBPOENA REQUEST FOR PRODUCTION OF DOCUMENTS SERVED UPON CHIEF OF POLICE, BOROUGH OF NEW CUMBERLAND TO THE HONORABLE, JUDGES OF SAID COURT: Andrew C. Sheely, Solicitor for the Borough of New Cumberland, hereby files this Motion for a protective Order with reference to a subpoena and request for production of documents issued to the above-referenced Police Department in the above captioned matter by Defendant George E. Edwards, M.D., and re- spectfully states as follows: 1. Petitioner is the Borough of New Cumberland, a municipal corporation and Employer of the New Cumberland Borough Police Department. 2. Respondent is George E. Edwards, M.D., Defendant in the above-captioned matter. 3. On or about February 15, 2002, the Chief of Police of the Borough of New Cumberland received a subpoena to produce docu- ments. A copy of the subpoena is attached hereto as Exhibit "An. 4. The subpoena issued to the Chief of Police of the Borough -.,11' of New Cumberland directed him to produce certain Udocuments or thingsU to the office of counsel representing the defendant in the above-captioned matter. 5. The subpoena seeks items obtained and gathered during a police investigation in 1998, including but not limited to the complete police file, statements made by the victim and defendant, copies of tape recordings and transcripts of consensual wires worn by the alleged victim. 6. The Borough of New Cumberland Police Department is not a party to the above captioned action. 7. The Borough of New Cumberland Police Department is a non- commonwealth agency pursuant to the Right to Know Law, Act of June 29, 2002, (effective 180 days), House Bill 2100, as amended, 65 P.S. Section 66.1 et. seq. 8. In accordance with 65 P.S. Section 66.1 et. sea., the Borough of New Cumberland is required to make available for public inspection and review upublic recordsU as defined by the statute. 9. In accordance with 65 P.S. Section 66.1 upublic recordsu shall not mean any renort. communication or other naDer, the Dublication of which would disclose the institution. nroaress or result of an investiaation undertaken bv an aaencv in the nerfor- mance of its official duties. except those reDorts filed bv aaen- cies nertainina to safety and health in industrial nlants: it shall not include any record. document. material. exhibit. Dlead- ina. reDort. memorandum or other naDer. access to or the Dublica- tion of which is Drohibited. restricted or forbidden bv statute law or order or decree of court. or which would oDerate to the nre;udice or imnairment of a Derson's renutation or nersonal security. or which would result in the loss bv the Commonwealth or any of its Dolitical subdivisions or commissions or State or municiDal authorities of Federal funds, exceDtina therefrom howev- 2 "'"," - er the record of anv conviction for anv criminal act. 10. The Borough of New Cumberland desires to fully cooperate with the attached subpoena, subject to the limitations of 65 P.S. Section 66.1 et. seo. 11. A protective Order is necessary to limit the information sought in the subpoena and request for production of documents so as to protect the Borough of New Cumberland from inadvertently disclosing non-public records, without leave of Court. 12. The Borough of New Cumberland, through its Solicitor, Andrew C. Sheely, has notified counsel for Defendant of the issues raised in this motion in advance of its filing. WHEREFORE, Andrew C. Sheely, Esquire, Solicitor for the Borough New Cumberland, respectfully requests that this Honorable enter an appropriate Protective Order so as to safeguard the Borough of New Cumberland and to allow for the production of all public records which are not privileged or excluded in accordance with the Right to Know Law, as amended, 65 P.S. Section 66.1 et. ~ May U , 2003 Respectfully submitted, An~Q1Y~ Solicitor, Borough of New Cumberland 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 (717) 697-7065 (fax) 3 .'WJ!I1"~~ VERIFICATION I, Gren H. Kauffman, III, Chief of Police of the Borough of New Cumberland, verify that the statements made in the foregoing Motion for a protective order are true and correct to the best of my knowledge, information and belief. Date: April'~, 2003 Oren P~ft~hief Borough of New Cumberland of Police ,~- - - , ' .",:"_<,,d_.';_'~ EXHIBIT "A" ,."'~~"" BARBARA O. STRUPE; ancl JAMES G. STI~:UPE, .11'<." HUSBAND AND WIFE; PlsllntitTil : IN Tl-tE CClURT OF CClMMON PLEAS ; CUMBI::RLAND COlJI\ITY, PENNSYLVA.hll,l\ : NO. :2000-2020 CIVIL TERM VS' GEORGE E. Et)WARDS, M.D. alnd FAMILY PH'YSICIAN ASSOCIATES, ING. Dt~fendlilnt$ : JURYliRIJlIL DE/,IANClED SUBPOENA rc, PRc:mUCE I)()CUMI:NTS C R THINGS F12R OUi;CO'I~' 1!~~~~t.I!;!' RULE 4009.22 TO: Qhief ~)JPOIiC6. N~;;.um!)erlc\D!1.poli(~.Q!llUlrtment. jj20 Market Street. Njt~li~ Q.lJ.ml;!!u!i3nd. PAfl.QZ!L.__.__ . (Namll of Pen,on (Ir Entlly) Wllhln twenty (20:, ,jays aftill' serville of this sutlpoena, you ~Ire o'rQlilred 't'y Ihe oourt to proQuoa tht' follcwlng doournenl;S or things: ,gQJ!~l.Wllill&:flW.gojjglDJ!1on1Nealth \. Gltorae e. E~ward.. c;>rl......_. sbii'aas of jndE~~'ol assauIIJ~l~!~!:...:lltib!l1.i!lY..!n!j all stahmElnts. InclUding bul nal !!D:..!~~ !sJ:1\ Plalntlff,I~Il:bara S\rUIl~!~\aln\\ft...Jj\!Jl!l.L~lll.:.ili!:LQr. Little: (illQL.. Ge9raEl Edltlardsj (,l!l,iUl.lL. ~olovees of c.if.nlrV Physi.!il!c!.l!~~.J.!lQ..a ool~.Qf1l'l!.laoe reC4lrlil!m and transcrltlts of aln:.Y:!llll ~lfdl(l9 con"~O:!hlg IDe CClllUlml~I~!II..blI_~tal1ilWl)e In De ~", 1998. _....__ You are requlrEld Ie, Ilrodue'31j Ihe6,<I recDrds to: Andrew H. [)awllng, Esq. METTE, EVANS & wocmmDE at. 3401 Northli.Qnl Streel:..!:!1r.r.Iliburo,.fA.:!1!.1!:L-..__. _....__ (Address) Yo~ fllay dellvElr or ml'lillagltlle ool:lle5 elf Ihe documenls In produoe thin,s requesled by Ihi5 5ubpne:I<I, 10gEllher with thE: ,:lClrliliclllle elf call'lpllamle, to 1M" Ilarty making Ihl5 reqUE sl al the address IIsled abol, I~. YOI) hilve the rlgh'~ to seek, III advllnce. the Ills:;,onable C()sl of preparing the copies or proQUClnglhe thlnl~s sought. If YClu fall 10 prclcluce Ihe documents or things ruqUlred by Ihl:s subpaana, within twenly (20) days aflel' iut ser\'lce, the parly ilervlng thb, subl:.allnll may sHek a cc.urt order compellng you 10 comply with It. THIS SUBPOEW', WASIS:.'!JI:D ,lIT THE RE:CI.JeST OF THE FOLLOWING PERSON: NaOla: AI\l!;!l:~:W H. D!;l.Wl.lt!~,QUIB.!L Address:--...M5:JJ:l' EVAN:~~;!QQ.:i~_._ --M~l.!IORTH I:J~: sn:EET _._ -.l::U~!J:~ISBVRCl.f~J.IllQ..__._ TelElphone:...J.Z1ZL232-o00Q_.___._ Supreme Court ICI#: 39BlliL-.___._ ATTORNEY FOI~:_ Defe!ll!!!nW;Wmill.s...~I~tL!loi.Q, DATE' ~' ~,.' :)/1""2 . ...iL .:.....:iII.l.:;~.___,__ ~ie of Ihe COUl': 11 Division) :~d l"tHl;: : n l;:00;~ 90 . ,.l'~~J 13S,_SI>LI./. U: 'ON XtJ.:I . J.dG/3J IlOd.-'GNtJlb3(11.lm/f1311: IJO;';1 .-"4'I'l:V','WL CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing praecipe for Entry of Appearance upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, FA 17110-0950 Peter J. Curry, Esquire THOMAS, THOMAS & HAFER 305 N. Front Street Harrisburg, PA 17101 Robin J. Marzella, Esquire MARZELLA & ASSOCIATES 3513 North Front Street Harrisburg, PA 17110 Date: May 21, 2003 /ht/f7~ Andrew C. Sheely, Esquire ",~""'~~ ~I ~m lill __, --~_. ~~, ,~~- . ~, '",'r_,''''' "",'''_' _"~" " ~" .~-,~lltI,"."""",, ,,, 1,,,:"~ilLU l. , , .;.> = "'....~.ilnrjr 0 , C " -, s ',. v 1.T,:; Qj . " "",,,, i'",) co ~' ~~; , ':,) , .il -, -' ) .L , ') >. ~:-~~ h) n ,- :::0 -., :'q ~~'- ( :0 " "jL~.~.,m. ]~_l~ BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-2020 CIVIL CIVIL ACTION - LAW GEORGE E. EDWARDS, M.D., and F AMlL Y PHYSICIAN ASSOCIATES, INC., Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this Z"J . day of May, 2003, the motion of the defendant to compel authorization of release of mental health records is GRANTED to the extent that in the event such authorization is not forthcoming within sixty (60) days, the plaintiff shall thereafter be barred from any claim for psychological or psychiatric damages necessitating any psychological counseling or other medical treatment. BY THE COURT, . Robin J. M~~ella, Esquire ,4i' For the Plamtlffs indrew H. Dowling, Esquire Peter 1. Curry, Esquire ,/ For the Defendants ? L~~ 11R~ 0.5 -,j). q.l'13> :rlm ~, , '. , "'" \lINI-/^lASNN3d A1Nnm (]~jl:nt!38:r~m i]S:ZIHV 08,WWSO Al:lV1C[\JC1:'"'t.2..C;;::irJ '3:-;1 :10 3::JI:l:!O-GI11:J , <, ,,~,' .''''~,'',. ~. '.,. L .. ~~,~, _rm~I~I~. =_,,~~~~~"~liifm!~~~~~iffl~~illlli!\l~ ~,~~ ~~I;~~ :j]j c R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Penusylvania Supreme Court I.D. No. 66122 BY: Robiu J. Marzella, Esquire Peuusylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, 16 Campbell Place Camp Hill, PA 17011, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. OJ -:J~ (I~ Plaintiffs v. GEORGE E. EDWARDS, M.D. 117 Westover Drive New Cumberland, P A 17070 and F AMIL Y PHYSICIAN ASSOCIATES, INC. 1900 Bridge Street New Cumberland, P A 17070, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Sununons against the following Defendants and direct the Sheriff of Cumberland County to make service upon the Defendants at their last known addresses: ~, -",--~ '--"--',"? "--,> , :U George E. Edwards, M.D. 117 Westover Drive New Cumberland, Cumberland County, PA 17070 and Family Physician Associates, Inc. 1900 Bridge Street New Cumberland, Cumberland County, PA 17070 Respectfully requested, R. J. Marzella & Associates, P.c. Dated: March 30. 2000 .~- - ~'''''''''f''''R''''','' 'lJ',~.- -, I,', Commonwealth 'of Pennsylvania County of Cumberland Barbara o. StIUpe and James G. Strupe, Jr., husband and wife 16 Campbell Place Camp Hill, PA 17011 Court of Common Pleas VI. No. n_____2000~202Q.-Civ:i1_------uu- 19__n George E. Edwards, M.D. 117 Westover Drive In __n___-Ci~.i:L-ActioI'l_~nLaw.__n___________ New Cumberland, PA 17070 and Family Physician Associates, Inc. 1900 Bridge Street New Cumberland, PA 17070 To ____~.E~_~_.n~~~~L}i~Q..__i?!l9..X~!Y Physician Associates, Inc. You are hereby notified that ___m __1?9~~~? _<2, _?!.'0.:lp<=__~g_ _~~~_ G~ _ _~t=El!P<=-,__.;! !'-"_'_ _l1Y_~~9.._~9_.0:~~__ __ _ _ __ _ _ __ _ ____ the Plaintiff s ha vecommenced an action in ___.ciyiLAQtiQn_,::_~Jl."'_u__________u______________n against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long -c-----------------p~th~;~t;~--------"--------- I>ate ___~j13.-.200!l_____________ ~___ ~~~ B ____ _ _~ y. .K.. _.__ ________ I>eputy '''l'1 ~I ".'-, ,- . .~ "~ " '-,~ ,'''- , ~ ... l 1 I ~ !/l"l>-l:I:wc...:t1 in 1 OJ ro ~ (J1 ~ . 'f-" ~~ i a i 8 & j~~f (If-' f-' c... '<: Ul m ro >i W . 'f-'. 10 . Ii '" C ~.'tl f-'. 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", SHERIFF'S RETURN - REGULAR CASE NO: 2000-02020 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STRUPE BARBARA 0 ET AL VS EDWARDS GEORGE E MD ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon EDWARDS GEORGE E M D the , at 0010:16 HOURS, on the 10th day of April , 2000 DEFENDANT at 1900 BRIDGE ST NEW CUMBERLAND, PA 17070 by handing to GEORGE EDWARD a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38.54 So A;;~~: R. Thomas Kline 04/12/2000 R. J. MARZEL - Sworn and Subscribed to before By: me this /'1 ~ day of ~ ~/J-Ov A.D. n r2.~ ~~onotary .~ '''I - . . " SHERIFF'S RETURN - REGULAR CASE NO: 2000-02020 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STRUPE BARBARA 0 ET AL VS EDWARDS GEORGE E MD ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon B\MILY PHYSICIAN ASSOCIATES INC the , at 0010:16 HOURS, on the lOth day of April 2000 DEFENDANT at 1900 BRIDGE ST NEW CUMBERLAND, PA 17070 by handing to EDEE HARRIGAN (PRACTICE MANG) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~ Ht:~,t R. Thomas Kline 04/12/2000 R. J. MARZELLA Sworn and Subscribed to before By: l' ... me this 1'1- day of (~ unJ A.D. ~{2~~ rothonotary THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire IdentifICation No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendant Family Physician Associates, Inc. BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. DOCKET NO. 2000-2020 Civil Term GEORGE E. EDWARDS, M.D., and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant Family Physician Associates, Inc., in the above-captioned matter. Respectfully submitted, RJ. CURRY Attorney for De Associates, In . LLP ~,-'1rIIO~S, - ~_."~,,,,h, A. ".";'=:",<. ,~ '~'-" - ~ " ,'" -,",. \) ',"," ~>~ -!l.~","",''!".- ,,~ '<L _. , -._ . ,".'" '\" ' ,~ ,"~" ,<, .," '-~', -',"I "L .'1'",' -,-," , .'iI!!_~ ,~' ~-'-' _:0 r.'. - ", -.-';';1 . ,-,'.' . ',,"',;;- "'I<:taiul1L--'- (') c::> 0 C D <J ;;: :!I: ~~-n -om ::>> JTlrn -< ~~r-;.; Z:o I zs;;: ,'59 en"" .;:- o,C) -<L":' GO " :yt:r j ';;; :x (S_D zQ ze:> --(I 'f::J c5rn )> .- c ~ Z ".> =< :~ ',C" ~"~=?~7=","-' - ,) -~"'-~ , BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant George E. Edwards, M.D. in the above-captioned matter. DATED: May 4, 2000 'I ~_ -.',.... ~~ ,~.' , "''''''C",c,'.'C'' " ,',--;;,.,';~-' ,,--, .,,-,",.,',--,' Respectfully submitted, METTE, EVANS & WOODSIDE ~~~ BY: Andrew H. Dowling, Esquire Supreme Court I.D. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. ":'-, . -' ~~'..' .' -- -' . -, ~. ~,- ..,.,-;., ,"- , CERTIFICATE OF SERVICE AND NOW, this 4th day of May, 2000, I hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Jan S. Barnett, Esquire 3513 North Front Street Harrisburg, PA 17110 Respectfully submitted, METTE, EVANS & WOODSIDE BY: Andrew H. Dowling, Esquire Supreme Court I.D. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E, Edwards, M.D. ~~ DATED: May 4, 2000 'C",,_ , ,- ~ '-"~,', "', ~- """:'Ie' ,- ':',".! ". ~, ..~. '", ,__",o,,>~. Y,;',', ,~<;" .. .,,~,' - '<<7"'''',"'''',~",'~'''-'"'',,,, - - --"""~' .,.,~,. '" ~. ,'.. -',,,", " '.' . .,.. "',^ _,_,",". or, ..?"'.',,,(o, -~ ~'~ ." . 'h .," -~ ,,-~ '-=~ -~,,_.," ,.., IIII!,. -"1 - 0 0 0 C (,,-.:; ~n ~ "'Jt -{ ufO ",. fFi~ m~r -< Z '" , -'.~C!:r :z:r:;~ ~n nO if) ,,~::< (~(S -<.<e ~c -0 ::;~::r1 :J:: c'J- ZC) ~7 .(') -::0-0 r;y O,m ,PC -l Z r:-;- 3J ::;! 0:> -< _~'~7" ~ r ,~>~ ~ ~".'.'.M.'II~ ,', ."< R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717)234-7828 Facsimile: (717\ 234-6883 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs : DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Pa.R.C.P. 4009.22, Plaintiffs certify that: (1) the notice of intent to serve a subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party on June 2, 2000; (2) a copy of the notice of intent, including the proposed subpoena attached to the notice of intent, is attached to this certificate; (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. R. J. Marzella & Associates, P.C. Dated: 7-(3~~ BY:~~ f?s. Barn , Esquire :1$l_ " ~ . , '~, - ''''. - . ,I !I ""0 , R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Snpreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-611113 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BARBARA 0" STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and FAMIL Y PHYSICIAN ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 TO: George E. Edwards, M.D. c/o Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 Family Physician Associates, Iue. c/o Peter J. Curry, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, 6th Floor Post Office Box 999 Harrisburg, P A 17108 Plaintiffs, Barbara O. Strupe and Jaroes G. Strupe, Jr., intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date stated below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. R. J. Marzella & Associates, P.e. , Dated: 01~b(I7J() By: ". R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-611113 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: New Cumberland Boroul!:h Police Department Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or tiJings: I. All documents pertaining to the investigation performed by the New Cumberland Borough Police Department regarding the matter Commonwealth v. GeorlJe E. Edwards. MD. The documents requested include, but are not limited to, all reports, statements, notes, memos, and transcripts, in whatever form, whether written or unwritten, including documents memorialized in any type of electronic form such as disk or tape. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed bdow. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. MAY 3 1 21100 c-3! If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Jan S. Barnett, Esquire; Supreme Court ID No. 66122 RJ. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, P A 17110 Telephone: (717) 234-7828 Attorney for Jim G. and Barbara D. Strupe BY THE COURT: Curtis R. Long, Prothonotary DATE: fY2';;:J'lf ~() ;::;lC:VO . 1 Seal oft e Court ~/(L,7.; ) 24.~a d...., A entldeputy ~ A,V il' ~ '-7 ~ 2. '(L./V~l.u '''!'f C'.H " . CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copies of the foregoing document was served upon all counsel of record this /3-f1... day of , 2000, by depositing said copy in the United States Mail at 'sburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter 1. Curry, Esquire THOMAS, THOMAS & HAFE~ LLP 305 North Front Street Sixth Floor Post Office Box 999 Harrisburg, PAl 7108 Counsel for Family Physician Associates, Inc. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 Counselfor George E. Edwards, MD. R. 1. MARZELLA & ASSOCIATES, P.C. BYFt~. 1 . Barnett li!lI~ ,,~"_ ,. , '~"~'l" .,,," ~';;"'-"'",-~." ~~.~,. ~,.. '.-_~H'_ ~'-. i ."l,"j ? I <:) 0 ';~~ C c:) J I ~ (- v rf:: ~:; n"j f'r! ''', Z 'of' , 0~"~ ;, CD ~cj ~() -, --L' _"0. j;: C~ S) ,_: ~ -, L_ 0.-) :iJ =2 t::J -< :! ,~ ..'....i..11 . I ~ I il } .,.~ 1\IlIT - , ~ '"~, .!illlI -W~~, --.,~.,..-.~, ~~. , ~!Jf!JI!!~ 'I I:' I' i R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-611113 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs : DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. arrd FAMIL Y PHYSICIAN ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. .~ , " 1II!II!lfIII~ "- "-1 "', I. i I I I I I , ! I I I I \ I i I I I , , i I I , I ! i I . II Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 I NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la nontificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su p esona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted pueda perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMAND), A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA LFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 Respectfully submitted, R. J. Marzella & Associates, P.c. Dated: if//'f Ptfflb ~ , ~\r ", .0 ",' R. J. MARZELLA & ASSOCIATES, P.c. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Cilurt I.D. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-61183 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED COMPLAINT Parties to the Action I. Plaintiffs Barbara O. Strope and James G. Strupe, Jr., husband and wife, are adult individuals, sui juris, residing at 16 Campbell Place, Camp Hill, Pennsylvania 17011. 2. Defendant George E. Edwards, M.D., is a physician duly licensed to practice medicine in the Commonwealth of Pennsylvania, with a residence address of 117 Westover Drive, New Cumberland, Pennsylvania 17070. 3. Defendant Family Physician Associates, Inc. ("FPA"), is a healthcare facility duly organized and existing under the laws of the Commonwealth of Pennsylvania, ~ r___~ .. ,,0 .-, p ,-.. , 'r' ,"'; _ _''_ ~~ ry-- . with a principle place of business at 1900 Bridge Street, New Cumberland, Pennsylvania 17070. Summarv of the Causes of Action 4. On November 10, 1998, Dr. Edwards was employed by Defendant FP A as a family physician. 5. On November 10, 1998, Plaintiff Barbara Strupe was a patient of Defendant George E. Edwards, M.D., and had been a patient ofFPA for approximately ten years. 6. Over the previous approximate ten years, Defendant Dr. Edwards had provided gynecological care to Plaintiff Barbara Strupe, including pelvic and breast exams 7. On November 10, 1998, Mrs. Strupe had an appointment with Dr. Edwards for complaints related to a sinus infection. 8. Dr. Edwards' examination and treatment of Mrs. Strope on November 10, 1998, occurred behind closed doors with no one else present besides Dr. Edwards and Mrs. Strope. 9. Following Dr. Edwards' examination of Mrs. Strupe on November 10, 1998, he asked Mrs. Strupe for a "hug." 10. As a courtesy because of their longstanding professional relationship, Mrs. Strupe complied with Dr. Edwards' request for a "hug." II. While Dr. Edwards was "hugging" Mrs. Strope, he reached out and grabbed her breast, squeezing it several times before Mrs. Strupe was able to pull away from him. ;'''111 " ^~~ _ ~ll!, -, . ^'! ." -,- I I, i I 1 ; . "1\'1 II " " II 12. Immediately before or during the time that he was squeezing Mrs. Strupe's breast, Dr. Edwards stated to her, "You are all mine," or something similar. 13. At the time of his conduct as described above, Dr. Edwards knew or should have known of Mrs. Strupe's fragile emotional state resulting from familial and/or financial stressors she had been experiencing. 14. Dr. Edwards' conduct referenced in Paragraphs 9, 11 and 12 constitutes intentional conduct. 15. Dr. Edwards' conduct referenced in Paragraphs 9,11 and 12 constitutes an assault and battery on the person of Mrs. Strope. 16. At no time did Plaintiff Barbara Strope consent to the offensive touching referenced above. 17. In the alternative to the allegations contained in the immediately preceding Paragraph, to the extent Mrs. Strope consented to the "hug," the consent went no further and specifically did not excuse further offensive touching by Dr. Edwards, including his grabbing her breast. 18. As a result of his conduct on November 10, 1998, Dr. Edwards pleaded guilty to the charge of Indecent Assault as a result of criminal proceedings brought against him in Cumberland County, Docket No. 99-0193. (The transcript of the guilty plea is attached hereto as Exhibit A.) 19. As described more fully below, Defendant Dr. Edwards' conduct was reckless, wanton and intentional, warranting the award of punitive damages. -"'~~ . -,,-->,,,.. jc. _" ,., ,-, , ~l 20. As described more fully below, Defendant FP A was negligent in its supervision and/or hiring of Dr. Edwards, and was negligent in supervising other members of its staff, who were available or should have been available to be present in rooms during examinations offemale patients by male physicians. 21. Upon information and belief, Defendant FP A knew or had reason to know of Dr. Edwards' propensity to sexually batter its patients, and generally knew or had reason to know of the risk of male employees sexually battering its patients. 22. Also as described more fully below, Defendant FPA was negligent in not implementing policies and procedures, or enforcing those already in place, to prevent or curtail such offensive touching as that committed by Dr. Edwards. 23. As a direct and proximate result of the conduct of Defendants, as described above and in greater detail below, Plaintiff Barbara Strupe has suffered immediate and substantial physical and mental harm, including severe emotional distress, headaches, insomnia, tremors, anxiety and other psychological and emotional harm, requiring psychological counseling and other medical treatment --past present and future, for all of which damages are claimed. 24. As a direct and proximate result of the conduct of Defendants, as described above and in greater detail below, Plaintiffs have incurred medical expenses-past, present and future, for all of which damages are claimed. 25. As a direct and proximate result of the conduct of Defendants, as described above and in greater detail below, Mrs. Strupe has suffered lost earnings, a lost earning ,'ii/I " '""~~I "', ,~,~"-'" " ,'-! , _ -, ',-,'''", -,- --" ,---,'-,' . , ~- capacity, embarrassment and humiliation, and lost enjoyment oflife, which losses may i I continue into the future, and for all of which damages are claimed. ! 26. The conduct of Defendants increased the risk and was a substantial factor in causing the injuries described to Plaintiffs. 27. The Defendants are jointly and severally liable for the harms, injuries, and damages sustained by the Plaintiffs. COUNT I BARBARA O. STRUPE vs. GEORGE E. EDWARDS. M.D. Assault 28. The allegations contained in Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 29. At the time of his conduct, Dr. Edwards knew or reasonably should have known that his conduct would put Mrs. Strupe in reasonable and immediate apprehension of a harmful or offensive contact with his body, and such apprehension was in fact caused. 30. The conduct of Dr. Edwards as described above was intentional and reckless, conducted in complete disregard of a risk of harm to Mrs. Strupe which he knew or should have known to be highly probable, and with a conscious indifference to the consequences. 31. As a direct and proximate result of Dr. Edward's conduct, Plaintiffs have suffered the injuries and harms described above in Paragraphs 23-25, for all of which damages are claimed. . ..I!IJfI\'1 ,~ ,", ' - ,~, '_" t ',- -" '" .. ~; WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT II BARBARA O. STRUPE vs. GEORGE E. EDWARDS. M.D. Battery 32. The allegations contained in Paragraphs 1- 27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 33. At the time of Dr. Edwards' conduct as described above, Defendant acted with an intent to cause a harmful or offensive contact with the body of Mrs. Strupe, and his conduct in fact resulted in a harmful or offensive contact with the body of Mrs. Strupe. 34. In the alternative to the allegations contained in the immediately preceding Paragraph, Dr. Edwards acted with an intent to put Mrs. Strupe in reasonable and immediate apprehension of a harmful or offensive contact with his body, and his conduct in fact resulted in a harmful or offensive contact with the body of Mrs. Strupe. 35. The conduct of Dr. Edwards, and the harmful or offensive contact actually resulting to the body of Mrs. Strupe, would offend a reasonable person's personal sense of dignity. 36. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. ") ~- -~~: -.-, ""',- 37. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT III BARBARA O. STRUPE vs. GEORGE E. EDWARDS. M.D. Intentional Infliction of Emotional Distress 38. The allegations contained in Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as iffully set forth. 39. The conduct of Dr. Edwards, as described above, goes beyond all possible bounds of decency and is such as would be regarded as atrocious and utterly intolerable in a civilized community. 40. The conduct of Dr. Edwards, as described above, was extreme and outrageous, and intentionally or recklessly caused severe emotional distress, other highly unpleasant mental reactions, and immediate and substantial bodily harm resulting from severe emotional distress to Mrs. Strupe. 41. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. , ~~~r" - ~.- -:_IH ,. ~-~. , - 42. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT IV BARBARA O. STRUPE vs. GEORGE E. EDWARDS, M.D. Negligent Infliction IIfEmotional Distress 43. The allegations contained in Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 44. As her family physician, Dr. Edwards had a fiduciary duty toward his patient, Barbara Strupe. 45. As described above, the conduct of Dr. Edwards caused Mrs. Strupe to suffer a physical impact. 46. At the time of Dr. Edwards' conduct as described above, Mrs. Strupe was in a zone of danger and at risk of an immediate physical and emotional injury. 47. As a direct and proximate result of Dr. Edward's conduct, Plaintiff Barbara Strupe indeed suffered immediate and substantial physical harm, as alleged above. 48. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. "'~ """"!""i "^[' " ^ "'_~_ e, "",<'_ '0." <~"ll~ ~---, -" II II II I 49. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. COUNT V JAMES G. STRUPE. JR. vs; GEORGE E. EDWARDS. M.D. Loss of Consortium 50. The allegations contained in Paragraphs 1-49 of Plaintiffs' Complaint are incorporated herein as if fully set furth. 51. As a direct and proximate result of the conduct of the Defendant, George E. Edwards, M.D., as described above, Plaintiff James G. Strupe, Jr. has been deprived of the care, companionship and services of his wife, Barbara O. Strupe, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. COUNT VI BARBARA O. STRUPE vs. FAMILY PHYSICIAN ASSOCIATES. INC. Vicarious Liability 52. The allegations contained in Paragraphs 1-49 of Plaintiffs' Complaint are incorporated herein as if fully set forth. '1-- "'_'-.,- 'J " , 53. Dr. Edwards had long been employed by Defendant FPA and in that capacity acted as Mrs. Strupe's family physician, and had gained her trust and friendship in that connection. 54. Dr. Edwards' employment with FPA permitted him opportunities for personal and physical contact with Mrs. Strupe. 55. Dr. Edwards' close physical contact with Mrs. Strupe and other patients was not only necessary for the nature of his employment with FP A, but it was encouraged as well by FP A. 56. Whether expressly condoned or not by FP A, Dr. Edwards and other healthcare employees at the practice were encouraged or permitted to initiate friendly, close and personal contact with patients. 57. Such friendly, close and personal relationships between the healthcare employees, including Dr. Edwards, and patients of FP A would facilitate the exchange of information between physician and patient, thus benefiting the physician-patient relationship. 58. The nature and scope of Dr. Edward's employment with FPA, thus included the cultivation of friendly, close and personal relationships with his patients. 59. Dr. Edwards' close physical contact with Mrs. Strupe and his sexual assault and battery of her thus may have been actuated by a purpose of serving his employer. 60. In the event Dr. Edwards' sexual assault and battery of Mrs. Strupe was actuated by a purpose of serving his employer, then FP A is vicariously liable for the , ~ ,-.,,^ . , "~',,.- -- , ,- "- - . -,~ I. conduct of Dr. Edwards, which conduct occurred within the nature and scope of his employment with FP A, and the harm and damages caused to the Plaintiffs. 61. Furthermore, Dr. Edwards' conduct may have been foreseeable by FPA, by either its knowledge or reason to know of Dr. Edwards' propensity to sexually harass, assault or batter its patients. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of$25,OOO, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT VII BARBARA O. STRUPE vs. FAMILY PHYSICIAN ASSOCIATES, INC. Negligence 62. The allegations contained in Paragraph 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 63. At the relevant times stated in this Complaint, Barbara Strupe was receiving medical care and treatment from F?A and Dr. Edwards, who was FPA's actual or ostensible agent, servant, and/or employee. 64. Upon information and belief, FP A knew or should have known of previous incidents of inappropriate sexual conduct or contact by Dr. Edwards with patients other than Barbara Strupe. I,,~ ~r!! - ~,' ". -- , ,< r--~:-. - ,-- , ". I. 65. Upon information and belief, previous incidents of inappropriate sexual conduct or contact by Dr. Edwards had been reported to or known of by employees and/or managerial staff of FP A. 66. Upon information and belief, Dr. Edwards and other male healthcare providers at FP A were permitted to see and/or examine female patients in their offices or in examination rooms without the presence of a third party, and were able to do so behind closed doors. 67. Upon information and belief, there was no policy in place at FP A to prevent conduct such as that engaged in by Dr. Edwards and as described above. 68. In the alternative to the allegations contained in the immediately preceding Paragraph of this Complaint, to the extent such a policy or program existed, it was not enforced or followed. 69. Defendant FP A had a duty to prevent harm to its patients such as that experienced by Barbara Strupe, and a duty to control and oversee its staff and employees to prevent conduct such as that committed by Dr. Edwards--detailed above, and was negligent in the following particulars: (a) failing to take appropriate steps to prevent additional incidents of sexual assault, battery, harassment or other sexually inappropriate conduct by Dr. Edwards when FP A knew or had reason to know of previous incidents involving such conduct by Dr. Edwards; (b) permitting Dr. Edwards to continue seeing patients, particularly female patients, on its premises when it knew or had reason to know of previous "i\!T ,.,_ ""11 -" .-' .-, -"',"'!' , . - ':.-~ -r' ",--' .j- .; .-,,, "t'. I . (i) failing to appropriately supervise and/or control its staff and employees to ensure that sexual harassment, assault or battery of its patients did not occur. 70. Dr. Edwards' reprehensible conduct occurred upon premises in possession ofFPA, and upon which Dr. Edwards was privileged to enter only as its servant, and FPA knew or had reason to know of its ability to control its servant, and knew or should have known of the necessity and opportunity for exercising that control. 71. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. 72. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. 73. In light of its knowledge or reason to know of previous incidents of sexual assault, battery, harassment or other inappropriate sexual conduct of Dr. Edwards directed towards its patients, FP A's conduct described above was outrageous and its actions or failure to act were done with a reckless disregard for the welfare and safety of its patients, including Barbara Strope. 74. In light of its knowledge or reason to know of previous incidents of sexual assault, battery, harassment or other inappropriate sexual conduct of Dr. Edwards directed towards its patients, Dr. Edwards' conduct alleged above was foreseeable to FPA. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in i".... ,_,_ ."IIIJ!IIIll''' " ,~ ,- , . , ~, ~--, I [. I I I I I i i i I i I I I . ., --. excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT VIII BARBARA O. STRUPE vs. FAMILY PHYSICIAN ASSOCIATES, INC. Negligent Infliction of Emotional Distress 75. The allegations contained in Paragraphs 1-27,62-74 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 76. As the provider of her family healthcare needs, FPA had a special relationship with, and a fiduciary duty toward its patient, Barbara Strupe. 77. As described above, the conduct of FP A caused Mrs. Strupe to suffer a physical impact in the nature of the offensive touching committed by Dr. Edwards, resulting in immediate and significant physical and mental harm. 78. At the time ofFPA's conduct detailed above, Mrs. Strupe was in a zone of danger and at risk of an immediate physical and emotional injury. 79. As a direct and proximate result of FPA's conduct, Plaintiff Barbara Strupe indeed suffered immediate and substantial physical harm, as alleged above. 80. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. 81. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. ~, " - ..~ . - 1'- ."r~," ,~ .:"1'_'.' i~----~ _._ .- .~, , _ _, . ~, " WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. COUNT IX JAMES G. STRUPE. JR. vs. FAMILY PHYSICIAN ASSOCIATES. INC. Loss of Consortium 82. The allegations contained in Paragraphs 1-27,62-81 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 83. As a direct and proximate result of the conduct of the Defendant, FP A, as described above, Plaintiff James G. Strupe, Jr. has been deprived of the care, companionship and services of his wife, Barbara O. Strupe, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. Respectfully submitted, R. J. Marzella & Associates, P.C. By: R tt ey Identification No. 66856 J S. Barnett, Esquire Attorney Identification No. 66122 Dated: (] ~ t/jrJ-1J7.JD I h -~. ,- """1M, . I > -,,~---' - ,~; ~ -J I I I EXHIBIT A &f-1- , (j COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-0193 CRIMINAL TERM CHARGE: INDECENT ASSAULT GEORGE E. EDWARDS OTN: F311442-5 AFFIANT: PTL. JOSEPH SPADACCINO IN RE: GUILTY PLEA & SENTENCING PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, March 4, 1999, in Courtroom Number 4. APPEARANCES: MICHAEL SCHWOYER, Esquire Assistant District Attorney For the Commonwealth ANDREW DOWLING, Esquire For the Defendant JU~ 2 7 28lJl) "!'1:1 ","0 ,'" ~ _., . _. ,.. - ", . 1 MR. SCHWOYER: Good afternoon, Your Honor. 2 MR. DOWLING: Good afternoon. 3 THE COURT: Good afternoon. 4 MR. SCHWOYER: This case is Commonwealth 5, versus George E. Edwards, docketed in the Clerks office at 6 99-0193 Criminal Term. The defendant, George Edwards, is 7 charged with one count of Indecent Assault, a misdemeanor E of the second degree. That offense carrying a maximum term 9 of imprisonment of two years and a maximum fine of 10 $5,000.00. 11 It is my understanding here today in court, 1-, <, Your Honor, the defendant intends to waive the filing of 13 criminal Informations in this case, waive formal 14 arraignment, enter a plea of guilty as charged. And the lc. -' defendant intends to waive a pre-sentence investigation 16 report and request immediate sentence. The Commonwealth 17 does not oppose any of that. Hi THE COURT: That is correct, Mr. Dowling? 19 MR. DOWLING: Yes, Your Honor. I understand 20 we have a plea for probation agreement. 21 THE COURT: Dr. Edwards, you are charged 22 with a count of Indecent Assault -- is that the 23 denomination of the offense? 24 MR. SCHWOYER: Yes, Your Honor. 25 THE COURT: As such you are presumed 2 fl'll! . "~", ~~ ,.,-. ~',' . . -.,! '1__ - ,'" 1 innocent of this charge. The burden of proving your guilt :2 is on the Commonwealth. They would have to establish your 3 guilt beyond a reasonable doubt at a proceeding at which '1 you could have this matter heard by a jury if you chose. ,- .) Do you understand that? 6 THE DEFENDANT: Yes. 7 THE COURT: You would be involved in the 13 selection of the jury to hear the case with the assistance 9 of your attorney. And after hearing all of the evidence 10 and anything that you had to say, if you chose to say it, 11 all twelve jurors would have to agree before they could 1:2 convict you. Do you understand that? 13 THE DEFENDANT: Yes. 1'1 THE COURT: The District Attorney will 1,- ., shortly recite the facts of the case. Do you understand 16 that by entering this plea of guilty you are going to be 17 admitting the statements that he is about to make? Do you 113 understand that? 19 THE DEFENDANT: Yes, sir. 20 THE COURT: Go ahead, Mr. Schwoyer. 2 ~I MR. SCHWOYER: Your Honor, the facts in 2') " support of this plea are that on November the 10th, 1998, 23 Barbara Stroup was a patient of -- had an appointment with 2~! her family physician, Dr. Edwards, in the Borough of New 2" -, Cumberland. Following that medical visit while fully 3 "'Wi "" '-~"" -'. .~--- - ~,- .- 1 clothed, the defendant was retiring, gave Ms. Stroup a hug. 2 Following that hug he touched her breasts, without her 3 consent, with his hand, for the purpose of his and/or her 4 sexual gratification. 5 THE COURT: Do you have any questions about 6 the nature of the admission in this case? 7 8 THE DEFENDANT: No, sir. THE COURT: All right. What is the proposed 9 disposition? 10 MR. SCHWOYER: The proposed disposition, 11 Your Honor, is the District Attorney is recommending to the 12 Court that the Court impose a sentence in the standard 13 range. That will be a probationary sentence. . The 14 Commonwealth is requesting that the Court consider imposing 15 a fine in this case. And the defendant and the 16 Commonwealth have agreed on a figure for restitution. The 17 defendant specifically does not acknowledge a causal 18 relationship between the finances that I will discuss to 19 the Court in a moment and the act. But by way of agreement 20 and resolving this matter here in court today the defendant 21 has agreed to pay a total of $2,580.40. $2,228.16 to Blue 22 Cross and Blue Shield, and $352.24 to Ms. Stroup. The Blue 23 Cross and Blue Shield amount represents approximately 24 one-half of bills that we have received to date. And 25 that's for reasons we discussed in chambers prior to coming 4 -~, , , - > :-'= ~ , .... 1 into open court today. The 352.24 represent the victim's 2 share of medication up through today. And we agree that it 3 ends today. The $35.00 she paid for the doctor's visit the ~, day of the incident and $130.00 which she incurred as a C' -, result of having to find a new physician. 6 THE COURT: I didntt write down the number 7 to Blue Cross and Blue Shield, but I assume it is the EI remainder of 2580.40 minus 352.24? 9 MR. SCHWOYER: Thatts correct. HI THE COURT: Okay. 11. MR. SCHWOYER: Provided my math was correct. 1"' L. THE COURT: I am assuming. All right. Mr. 13 Dowling, anything you want to add? I should note that I 1~, have read the correspondence from physicians John Stoner 1 C' -, and Raymond Grandon. I have seen some correspondence, much 16 of which was forwarded to the defendant on the occasion of 17 his retirement. And I have also read and carefully Hi considered the letter authored by Barbara Stroup, dated 19 February 21st, 1999. Is there anything you want to add? 20 MR. DOWLING: Yes, Your Honor. Dr. Edwards 21 is seventy-six years old, born in Hummelstown, 22 Pennsylvania, has lived here his whole life. He was in the 23 Navy from 1943 to 1985. Graduated from medical school in 24 1952. Interned at the Harrisburg Hospital. He has been in 25 private practice in New Cumberland ever since. He is now 5 '''''JI _~ .," ~_ ,,'~ _"_,oj " , 1 fully retired. As of January 1 of '99 his license has 2 lapsed. In fact, right before his retirement he was still 3 treating the very first patient he did in 1954. 4 I have given the Court some cards and 5 letters attesting to his character. Concerning the 6 restitution issue, I think the District Attorney accurately 7 outlined our agreement. The other option, of course, would 8 be is to get the record to determine the causal 9 relationship. I dontt think Dr. Edwards nor myself want to 10 put Barb Stroup through that. She has suffered emotional 11 trauma through a number of things that have happened to her 12 in the last year. So we are agreeing based on the 13 agreement that the DA outlined. 14 Dr. Edwards, would you like to address the 15 Court? 16 THE DEFENDANT: Yes, sir. Thank you for 17 this privilege, sir, to address the Court. I will be 18 brief. Mrs. Stroup has been a patient in our group 19 practice for approximately ten years. On her last visit to 20 see me my behavior was unbecoming. And I wish to apologize 21 with all my heart to her and hope she will forgive me. 22 My wife of forty-nine years, who is a very 23 quiet person, is completely aware of this incident. She is 24 equally embarrassed about the whole thing, but she stands 25 wholeheartedly behind me during this very emotional time in 6 "i:;1J~ ." .,. '" +"^"" - ~ . -~ .." ....- l. our marlO-iage. 2 Again, Mrs. Stroup, I offer my sincere :I apologies. I have thoroughly enjoyed my forty-five years 4 of gene~al practice. I could have retired ten or twelve ,. ., years ago, but I loved patient relationship in taking care 6 of thei~ physical and emotional ills. Thank you, sir. 7 THE COURT: All right. Anything further? EI MR. DOWLING: No, Your Honor. 9 THE COURT: The plea is accepted and 10 recorded. Sentence of the Court is that the defendant pay 11. 1', <. 1-, ", 14, 1". .' 16 17 18 19 20 21 22 23 24 25 lmo.. .' . ., ,-~", ',--"-, the costs of prosecution, undergo probation with supervision for a period of twelve months, that he pay a fine of $750.00 to the use of the County of Cumberland, and that he make restitution in the amount of $2,580.40, $352.24 of which shall be payable to the victim, and the remainder to Blue Cross and Blue Shield. Payment of restitution in this case shall not constitute an admission with respect to the causal relationship between the defendantts act and the amount of financial harm inflicted the victim. Upon the payment of all sums herein due, and provided that the Probation Office is otherwise satisfied to do so, termination of probation supervision will be authorized. Anything else? 7 ^",-- ~ 1 MR. SCHWOYER: No, Your Honor. That's all. 2 THE COURT: I have a number of papers that 3 pertain to this case, perhaps you would like to make them 4 part of the file. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCHWOYER: Yes, sir. (End of proceedings) 8 'NIIn .. ''"' ""<. H'_ .n .~ ,-~ .'--' --~. CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same, ~ . I Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. # evin A. Hess, J. Ninth Judicial District Date 9 -,.<. ! - ,/ " ) COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V 99-0193 CRIMINAL TERM CHARGE: INDECENT ASSAULT GEORGE E. EDWARDS OTN: F311442-5 AFFIANT: PTL. JOSEPH SPADACCINO IN RE: GUILTY PLEA & SENTENCING ORDER OF COURT AND NOW, this 4th day of March, 1999, the defendant, George E. Edwards, having appeared in open court together with private counsel, Andrew Dowling, Esquire, and tendered a plea of guilty, the plea of guilty is accepted and recorded, Sentence of the court is that the defendant pay the costs of prosecution, undergo probation with supervision for a period of twelve months, that he pay a fine of $750.00 to the use of the County of Cumberland, and that he make restitution in the amount of $2,580.40; $352.24 of which shall be payable to the victim, and the remainder to Blue Cross and Blue Shield. Payment of restitution in this case shall not constitute an admission with respect to the causal relationship between the defendant's act and the amount of financial harm inflicted the victim. Upon the payment of all sums herein due, and provided that the Probation Office is otherwise satisfied to do so, termination of probation supervision will be authorized. By the Court, K;1nYH1:~ // JUN 2 72110 'f,,!.,. --, ,L .. ~ ,. -') COMMONWEALTH V. GEORGE E. EDWARDS Michael Schwoyer, Esquire Assistant District Attorney Andrew Dowling, Esquire For the Defendant Probation Victim-Witness Office :bg "'1l! ~_ . " ".'.. ]_"'- . -~ " -" ~-,. ',' ." , CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copies of the foregoing document was served upon all counsel of record this ~ day of ~ ' 2000, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter J. Curry, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor Post Office Box 999 Harrisburg, P A 17108 Counsel for Family Physician Associates, Inc. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, P A 1711 0-0950 Counselfor George E. Edwards, MD. R. J. MARZELLA & ASSOCIATES, P.C. -~." -.- , '" ,- , ,~ -.[ . "u:;';' o . I ! ! 1 I ., II I I " ...'..! I "~" IHl!il, i, ~.,..~~-~ ~"- . ~ 0 C:J Q. C CJ -n ~:::::: j.:>>- ..... ,J n c:::: -'r~ r1i ~D ;;J Hi -fl -/ -r~ ,-;1 <- ,-~ (J) ~.,. l)'l _.< .. ,. () ~ , -: ~-~ , ) '. " ~;~) 2:: >; () ..^.: U "11 C ~~ ""'c:_ ,....,..1' ::;2 ':::J tC1 -< "_"!', ~,_,_,~~~.,---~ ~'o ~'_7"";:'"'ftlfflilli1:~!$ft_~ftlIIJ!!II!. . FAYE A. SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DON R. SNYDER, Defendant NO. 00-2175 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of August, 2000, upon consideration of Plaintiffs praecipe to transmit record, and it appearing that the record does not contain a copy of the notice of intention to file praecipe to transmit record or of a certificate of service relating to such notice, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct these deficiencies and file a new praecipe to transmit record. BY THE COURT, Diane G. Radcliff, Esq. 3448 Trind1e Road CampHill,PA 17011 ~ ~ 'f_Jt..u!J Attorney for Plaintiff :rc ~t~"...,~ ,,"', ,'~ '~'i~- " - - 0' ,- .' ,_, ~;' c .. i , i i .:li..I~. !1 ii' i; jjl I~ 1,-; __mil 18.,.." ~~~ -~~ . .~ . ; VIN\fAl!.SNN3d MNnm o[.rv'lcEl8V'ln:::l 8t: :11 V\I 91 ~lW 00 IW\fl(\\j''''!"i,(',l;.: l\w.J.'-.." ',... :...,..:;-..' " ::.{.;iJ;:o-u:rp. ,: lI,lfJ_ <__, lJ!p! _ l~, r~~~ _~_ ..._,_,.,-_Qllfl_. ~_. ~~.~ , R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-68113 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED PRAECIPE TO: Curtis R. Long, Prothonotary Cumberland County Courthouse " I Courthouse Square Carlisle, P A 17013 Please attach the enclosed Verification to the Plaintiffs' Complaint, filed on or about August 14,2000. R. J. Marzella & Associates, P.C. Dated: cf /, r., /;tJ7Jl) I I . Barnett, Esquire tomey Identification No. 66122 ~ : 211 !IIi" '~ < -.-." ~,__ .,' C"~ '.tiji , " , , VERIFICATION We, Barbara O. Strupe and James G. Strupe, Jr., do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Dated: fl It I jc?-7/W I I :,<"1 ,C ",'t-- .-i-. .., - ". _',.T ~ "_ r,,_, ~o , p- - " ",,-, CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copIes of the foregoing document was served upon all counsel of record this 16th day of August , 2000, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter J. Curry, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor Post Office Box 999 Harrisburg, P A 171 08 Counsel for Family Physician Associates, Inc. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 Counselfor George E. Edwards, MD. R. J. MARZELLA & ASSOCIATES, P.C. By rfrJ&d, - J S arnett '~i ,-. '. , _ r__'" . ^ _ . _~, __ __ ., _ __ _ ,. . .:~ ~~,...,._lI!I:!R~_~~ . .,J,. , :'RII,...,,~~. o c <- -o'J" rT1"" Zl'; Ch~;;: -<. ,'- reCe- s: .- p.-.. :zl... ,) :>~ =< p'" o o "'" (7) o -n ---j '''J' ':~~l ~~ '1,T] ;~;~~6 ~~~ 3i -'5.(") ~rTl -< co -1:J ~ - ,-....1 -~,) C) _~ !II!WIil-, "' ..._.~!lf~,".,-.. ~~_~,__MJ.~~",~~~.ll!!f!E-llf~~"i'tllJll1!!11t'- BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED OBJECTIONS OF DEFENDANT GEORGE E. EDWARDS. M.D. TO "PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT GEORGE E. EDWARDS, M.D. (Set #1)" 12. Objection. Overly broad, vague and burdensome. Seeks information that is privileged, not relevant, not calculated to lead to discovery of admissible evidence and otherwise non-discoverable. Without waiving the objection, no. 15.-18. Objection. Beyond the scope of discovery. Punitive damages are not recoverable under the facts and circumstances of this case and, therefore, Defendant's income, financial condition and net worth are not relevant in this trial. In addition, Pa. R.C.P. 4003.7 prohibits discovery concerning the wealth of the Defendant in this manner. 19. Objection. Overly broad, vague and burdensome. "The events of November 10, 1998" are not defined. Without waiving the objection, see Answer with New Matter of Defendant Dr. Edwards at Paragraphs 9, 11, 16,17. j~,-, - "-"",,",,,,"- ._~ "" ,~ .~, , .,-,.'-' . _ "^"' -~- , ~._" -""" c__.",.,,;;,., 22. Objection. Overly broad, vague and burdensome. Respectfully submitted, METTE, EVANS & WOODSIDE ~---- '; BY: Andrew H. Dowling, Esquire Supreme Court I.D. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. DATED: August 31,2000 !~ -,'" - -"'-"~""",""-~,,,,-~'''''-''"'f,,~,''Y<' -', - . - . ~-? ,,-" CERTIFICATE OF SERVICE AND NOW, this 31st day of August, 2000, I hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Jan S. Barnett, Esquire 3513 North Front Street Harrisburg, PA 17110 Respectfully submitted, METTE, EVANS & WOODSIDE ~ BY: Andrew H. Dowling, Esquire Supreme Court 1.0. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. DATED: August 31, 2000 '" ?,':'?J,,,,.~.~____ ",.0',:,-- "~-,~ - ---~ '--',-'-,--- ,,---_.~-,- - I I ! "" ~ -~" I.~ .,., . ~, "~, . ~"~... '.'."~'''.'.''.''.'.. ~- '- - _0 ~".".. ,. !~r :" ,"", "'" V, '. ~--, ~~: <" ~ -- o c il!~ ~, (.1)_.''["-. ~1;' , _'0:;: 5;! " ,~ ,-- ~"~ ~ "liii I.:) C;;) ~ 05 .-, " --;, --1 c..:; ;:",) \) Lv " ." '-,I.~. BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT FILED BY DEFENDANT. GEORGE E. EDWARDS. M.D. AND NOW, comes Defendant, George E. Edwards, M.D., through his attorney, Mette, Evans and Woodside, and files this Answer With New Matter to Plaintiffs' Complaint based on the following: 1. Admitted. 2. Denied. It is admitted that Dr. Edwards resides at 117 Westover Drive, New Cumberland, PA 17070. The remaining averments are denied. In the Spring of 1998, Dr. Edwards was 76 years old and made a decision to fully retire from the practice of medicine effective December 31, 1998. On December 31, 1998 Dr. Edwards did in fact retire from the practice of medicine and thereafter never renewed or attempted to renew his license to practice medicine. 3. Admitted. I~~, ,_ . ,<, ,'~','<'~7~,_.""-",._"",, . '--'F _ 1- ','''''' - SUMMARY OF CAUSES OF ACTION 4. Admitted. 5. Denied as stated. On November 10,1998 Plaintiff Barbara Strupe was a patient of Defendant, F.PA and was treated by Dr. Edwards. 6. Denied as stated. Over the previous approximately ten years, Defendant, Dr. Edwards, performed a pelvic and breast exam on Plaintiff, Barbara Strupe, on one occasion. Plaintiff, Barbara Strupe, over a ten year period was examined and treated by other physicians at Defendant, F.PA 7. Admitted. 8. Admitted. By way of further answer, Plaintiff Barbara Strupe remained fully clothed during the examination for a sinus infection. 9. Denied. Following Dr. Edwards' examination, Plaintiff, Barbara Strupe asked Defendant, Dr. Edwards, for a hug since he was retiring. 10. Denied. See response to Paragraph 9. 11. Denied as stated. After Plaintiff Barbara Strupe hugged Dr. Edwards, he put his hand on her breast while she was fully clothed placing his hand on the outside of her clothing and then removed his hand. It is denied that Defendant, Dr. Edwards squeezed her breast. 12. Denied. See response to No.9. By way of further answer, Defendant, Dr. Edwards said "do you mind," to which Plaintiff, Barbara Strupe had no response. 111!!!,. .,' ,c-' "~-_ "':-J'-".-,P",~.,>_-_,'-_..,f,-,_\'~"_' ,-,,,>'..'. '_'C..,.. _,_~;,_' _0 ___',__,_ - - - -'-+-,,-~ ,..",~,.'~,. ",. ' ,^"',~ ,'- ,. 13. Denied. Defendant, Dr. Edwards, was aware that Plaintiff, Barbara Strupe's son was involved in a fight at a bar involving a knife and there were multiple jury trials and Plaintiff, Barbara Strupe was critical of the court system. 14. Denied. The averments in Paragraph 14 are legal conclusions to which no answer is required. 15. Denied. The averments in Paragraph 15 are legal conclusions to which no answer is required. 16. It is admitted that Plaintiff, Barbara Strupe, did not consent to Dr. Edwards placing his hand on her breast outside her clothing when she was fully dressed. 17. See response to Paragraph 16. By way of further answer, when Plaintiff Barbara Strupe requested a hug, Defendant, Dr. Edwards, consented. 18. Admitted. 19. Denied. The averments in Paragraph 19 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegation is denied. 20.-22. As these allegations are directed to Defendant, Family Practice Associates, Inc., no response is required by Defendant, George E. Edwards, M.D. 23.-25. Denied. After reasonable investigation, Defendant Dr. Edwards lacks knowledge or information sufficient to form a belief as to the truth of these averments; the averments are therefore denied and strict proof thereof is demanded at trial. By way of further answer, see New Matter at Paragraphs 91(a)-(I). ;~ o. '" ";",_~",~,t,"~..,,, "-.-",'-_ "~=-." ""',J,,", '^'. __,~_ ,,~~,~~ --, .--,., ~ - " - ~_""\_<o "'- . ~ . - . ~, - --~- - - ~- 26.-27. Denied. The averments in Paragraph 26 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegations are denied. COUNT I BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. ASSAULT 28. Responses to Paragraphs 1 through 27 of Plaintiffs Complaint are incorporated herein by reference. 29.-31. The averments in Paragraphs 29 through 31 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT /I BARBARA O. STRUPE v GEORGE E. EDWARD. M.D. BATTERY 32. The response to Paragraphs 1 through 27 of Plaintiffs Complaint are incorporated herein by reference. 33.-37. Denied. The averments in Paragraph 33 through 37 are legal conclusions to which no answer is required. If it deemed that an answer is required the flllI, ,<, ". '-'--'-'.' .. ~.-~- . C'""'" . .. ~" ~-,\ -,',,:,,,T!;"':",'> '. "'~" ". ,., ',"~"-- ~ ., " . , . ~ allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT III BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 38. Responses to Paragraphs 1 through 27 of the Plaintiffs Complaint are incorporated herein by reference. 39.-42. The averments in Paragraphs 39 through 42 are legal conclusions to which no answer is required. If it is deemed that an answer is required these allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT IV BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 43. The responses to Paragraph 1 through 27 of the Plaintiffs Complaint are incorporated herein by reference. 44.-49. Denied. The averments in Paragraphs 44 through 49 are legal conclusions to which no answer is required. If it is deemed that an answer is required ;(l1, .., ,,,,,,,,,;~,-,~/,,,'_,c--,,,,_<_'" ,,-., _.~.. n_ ._ _" ~" ^' " '~'," "''C_" . '-0 _~ - _" -' ,-_.-- -~ ~ - the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. COUNT V JAMES G. STRUPE. JR. v GEORGE E. EDWARDS, M.D. LOSS OF CONSORTIUM 50. Responses to Paragraphs 1 through 49 of Plaintiff's Complaint are incorporated herein by reference. 51. Denied. The averments in Paragraph 51 are legal conclusions to which no answer is required. If it is deemed that an answer is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. COUNT VI BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES, INC. VICARIOUS LIABILITY 52.-61. As these averments are directed to a defendant other than George E. Edwards, M.D., no response is required. If it is deemed that a response is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. :~;111 . '-~""-, ,"'""-~"",,. .. .~- ." . -'-..,-~ . '-'-<'- ",'. ~ L <0'- ~, 0 --.,.",~'""~'<- . . -<,. , " . . " .. COUNT VII BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES. INC. NEGLIGENCE 62.-74. As these averments are directed to a defendant other than George E. Edwards, M.D. no response is required. If it is deemed that a response is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment In his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT VIII BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES. INC. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 75.-81. As these averments are directed to a defendant other than George E. Edwards, M.D. no response is required. If it is deemed that a response is required the allegations are denied. ., WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment In his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT IX JAMES G. STRUPE. JR. v FAMILY PHYSICIAN ASSOCIATES, INC. LOSS OF CONSORTIUM 82.-83. As these averments are directed to a defendant other than George E. Edwards, M.D. no response is required. If it is deemed that a response is required the allegations are denied. ',""'i ,_.","'7" '_,,,,_.'n",,~,,,, '--.' ,_,~-,"_,,,,,~,,--,,- '-"'.~ ----,",,',.Jor.;. ^,'" -~, - .--,-. ,. .,." -~, ",.="< , ~,--' -- , I I; I! I:, , ~. ".<. . 0"300 U~3.".0..~~ 3' .3 '-W-."_'"- ~"'-, ,!--'-',,~__'1??':'~_,,';'- ,-- ~ _,:",I!ll!llll!I~'"""; -,"~~~.-,- . ,.."--'~; , ..'" ... WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. NEW MA TIER 84. The Complaint fails to state a cause of action upon which relief can be granted. 85. Count! of the Complaint fails to state a claim upon which relief can be granted. 86. Count II of the Complaint fails to state a claim upon which relief can be granted. 87. Count III of the Complaint fails to state a claim upon which relief can be granted. 88. Count IV of the Complaint fails to state a claim upon which relief can be granted. 89. Count V of the Complaint fails to state a claim upon which relief can be granted. 90. The Complaint fails to state a claim upon which relief can be granted for punitive damages. ',,1"l ~ on ~ _ ,_ '''.' ';" ''''~'-'_ ~_, _, c- "-~ -','-',~ -, ,. : ,,",' ,- ~ - , _co" .~" "" . i!"........, '.""'. "". ""." .. ......_."~'.'~"'"h"~' '., ~- - ,0 w - 1 : "".- <" '':' ,_ Y"~:-:'"ir,^_<~"?"~_",,.,,,_'c' -, ~ " f' '_~JC". '-'-n., " 1,_ = ~, , ^". !:!!l~~ ~, -,."-.,-,!","", ". ~ ~ ,. ~" ;'d., ~," ~-"'""; ~-, ,'":"Yl~ " 91. Any alleged acts or omission of Defendant, Dr. Edwards, were not a substantial cause or factor of the subject incident and/or did not result in the inuries and/or losses alleged by the Plaintiffs. 92. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Defendant, Dr. Edwards. 93. It is believed and therefore averred that some or all of the damages claimed by the Plaintiffs contained in Paragraphs 23, 24, 25 and 51 were the direct and proximate result of events and circumstances other than the conduct of Defendant, George E. Edwards, M.D., including but not limited to: (a) Plaintiff, Barbara Strupe, suffering from at least a 10 year history of anxiety and depression to which treatment has been ongoing. (b) Plaintiff, Barbara Strupe, being the victim of a knife attack by her .son in 1991. (c) Plaintiff, Barbara Strupe, suffering from long term abuse by her sons since 1989 and obtaining a Court Order in February,1999 barring Plaintiff Barbara Strupe's sons from her home. (d) Plaintiff, Barbara Strupe, having financial problems. (e) Plaintiff, Barbara Strupe, suffering from medical problems. (f) Plaintiff, Barbara Strupe, sustaining physical abuse by her ex-husband "-jIM "':-~_',,"_"c__- -,<;,_"!"",,~-,__',,,'_^ ~_""._ .,. -~ . -',-~ '"-,-0-;" ___' c e ~ .^"'_ -.-,--" . <" ~.~. ~ " "f ,. I" .. < . ,. .",<~,<,< <' ..,.C."'" """"'1. "<,<.... ,."'''", . =-= ,-.,-_.,,-"" - ~" "'~~~~-_., , ~ - .~ . , .,.' ~M" , . . '''If'!'=~- _ " ^ .,J'''''''~'~~ (g) Plaintiff, Barbara Strupe, experiencing severe stress at her place of employment. (h) Plaintiff, Barbara Strupe, having long term insomnia. (i) Plaintiff, Barbara Strupe, "feeling violated" by the media in 1997 and 1998 due to press coverage of three jury trials involving one of her sons where her family was betrayed negatively concerning racial issues surrounding the trials. In addition, the Plaintiff, Barbara Strupe, has been living in fear since the trials began, feeling her family may be in danger. 94. Punitive damages are violative of the Due Process and Equal Protection clauses of the Fourteenth Amendment to the Constitution of the United States, Section 1983 of Title 42 of the United States Code and Article I, Sections 1, 6, 11 and 26 and Article V, Section 10(c) of the Pennsylvania Constitution. 95. Punitive damages constitute an unwarranted and unconstitutional injection of principles of criminal law into this civil action without the constitutional safeguards, inter alia, of the burden of proof beyond a reasonable doubt, freedom from double jeopardy, a defined standard for punishment and a limit thereto, and, by reason ,., W";1"'~'< le,>. po ,,,-,",:;r-.,i' ~'t; ." -~-,~ ,,~ 0',',. ", :'~!";~ 0, ~ ,f"'_,~ , . , i" . r: , < "",' , r,- -'" ., , , , -"~ -~"\:l- '. -~. , ~~ " > ~~ "".c.' ., :'.'.' ""." ~~.",JI!IlI .'> "~ M <;-...,,11I: ~, . )~~ of the foregoing, are an unconstitutional basis for the taking of Defendant's property without due process of law. Respectfully submitted, METTE, EVANS & WOODSIDE DATED: September Is 2000 BY:~ Andrew H. Dowling, Esquire Supreme Court I.D. #39692 340LNorth Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. ''ll'!, .'~,'~N," _" _ ",..~. C'. ,-"1""::-}?' ?'co_." .--.-T-- ,_,~___,"~_,,__ _"",,,,_,,_~_,;_,,,_""'_____'" """ ,_ --'",_____'^+. l' " I;! , M" ",.....".".,... o. ",,'"',"" ~ ".,".", -J "",~_ ~~"~l'i!l; ~,...... -,.~ i I ,'- ,. I bl"" "" " '.' ". ,~, , ~,- _-:'.'!'~!"!'" _ " ',,",,-,,' ""_~,S:'M, ,,", '~,-_l,-:. 1lt" - .,'. ~~,-r-~. ~. " f . -, ''c,"JI!I.~ ~"~~,.". :"-~, ",,,;1 CERTIFICATE OF SERVICE AND NOW, this 15TH day of September, 2000, I hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Jan S. Barnett, Esquire 3513 North Front Street Harrisburg, PA 17110 ] Respectfully submitted, METTE, EVANS & WOODSIDE BY:~- Andrew H. Dowling, Esquire Supreme Court I.D. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. -" DATED: September I j 2000 ,. ""-'( "';"t':'_~_-',, -,. - '''';'c '-('-' - ^, -~ ',0'- , ",,;-.,_;;v. __~~'-- --,-- " J' i., ~ ., ..""..ev.....u, ",.,,". >- '~-, . ",>; ,._c_, .".___ ..." "',"". ,k_ ^ ~r!^l ~ . f"" () ,-, 0 c: a -11 s:- t..., .,. "Ucn ,." ;ri_:~ f'n.r.,.., -0 z::ii 1,.., -'-:, , tsC' :,rj~J OJ.; (y: ~:~~ ~~ :-< -.<C_. r:-o -- ~;}~ 35 -,,~ -~O ;;0 ~ c.;: ??:i ::> >. Xl -< 0 -, ""',' O""~'~~ I', __ I ;t.:j R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. NQ. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-611113 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strnpe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs : DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, GEORGE E. EDWARDS, M.D. Plaintiffs Barbara O. Strupe and James G. Strupe, Jr., husband and wife, by and through their counsel, R. J. Marzella & Associates, P.C., file the instant Reply to New Matter of Defendant, George E. Edwards, M.D.: 84-90. The allegations contained in Paragraphs 84-90 of Defendant's New Marter constitute conclusions of law to which no response is required. 91-92. The allegations contained in Paragraphs 91-92 of Defendant's New Matter are mere denials ofthe allegations contained in Plaintiffs' Complaint, and are therefore "...~-~. ,?,-~ _e"--;C., '-f.'-"~ , _ 1 _ '__~e~, ~ inappropriately asserted as New Matter. Furthermore, these allegations constitute conclusions of law to which no response is required. 93. To the extent that Plaintiffs' claims for injuries, losses and other damages are related solely, directly and proximately to the reprehensible conduct of Dr. Edwards as originally alleged in Plaintiffs' Complaint, the allegations contained in Paragraph 93 and its subparagraphs of Defendant's New Matter are denied for the very reasons stated in Plaintiffs' Complaint and no further response is required. 94-95. The allegations contained in Paragraphs 94-95 of Defendant's New Matter constitute conclusions of law to which no response is required. WHEREFORE, Plaintiffs respectfully request that Defendant's New Matter be dismissed, and judgement entered in their favor. Respectfully submitted, R. J. Marzella & Associates, P.C. By: Dated: 1 -c?( - tJ7) :''''~, ~- ~ c'?;"--~t'"",":' '. f" ,. - -; ._~ ,. ,-,- c' ,,_,O-_"-'C "," 'I _i_P ''-,' _,~.,' ~" ~, CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copies of the foregoing document was served upon all counsel of record this,.}1 s::1'day of j~, .--0 2000, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, fust class delivery, and addressed as follows: Peter 1. Curry, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor Post Office Box 999 Harrisburg, P A 17108 Counsel for Family Physician Associates, Inc. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 Counselfor George E. Edwards, MD. R. J. MARZELLA & ASSOCIATES, P.C. By tfla.uf.~ Barnett -'-'"' ~ "'_ "I '--!'_'.-:_ '';~_,LC__:~_~~_"..,,__:_ -,'j-I'-'-,' -~- , "- ~. .",. . .,- e....... J ~ ".,.,..~~~ -" '"~ - i ,,_ ,~ , ~ ""'~ 'll:'lFi ",1'ITJ:'Im~~!lIf!m~fll:!'J " ~. (") C ",.. "'00'; rnrn z>' z:r cni:-;': .:..:.c::..c- t:::C) 2;;0 5;:2 z: =< '_~~ ~ n~ __ _~_ "' o c;) (I) f''/'1 '-0 ;-..) u. <',," .., ~.JiiI () -n -(1 :'';l;:: ion :~ (:lJ ~~if~' .~-rn (.) -l 55 -< ~ :::> ...- >I!\IIQq'~I~~~ .~!~~ THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendant Family Physician Associates, Inc. BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffs v. DOCKET NO. 2000-2020 Civil Term GEORGE E. EDWARDS, M.D., and FAMILY PHYSICIAN ASSOCIATES, INC., Defendants CIVIL ACTION - LAW ANSWER OF DEFENDANT FAMILY PHYSICIAN ASSOCIATES, INC., TO PLAINTIFFS' COMPLAINT AND NOW comes the Defendant Family Physician Associates, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, and hereby Answer Plaintiffs' Complaint as follows: 1.-3. The averments contained in Paragraphs 1 through 3 of Plaintiffst Complaint are admitted. 4.-18. The averments contained in Paragraphs 4 through 18 of Plaintiffs' Complaint are denied generally in accordance with and pursuant to Pa. R.C.P. 1029(e). 19. Inasmuch as Paragraph 19 sets forth conclusions as opposed to statements of fact and also is not directed to the responding Defendant, no answer is required. Nevertheless, it is denied that punitive damages are warranted against Dr. Edwards in this instance. ~ - v, '_"_." . ~. ".,,__.,.._~_/; '-_"_~o-___,",",_ "",,,,,<~ C-,,'>"--, ". -'O-~ "; . ,.;"'_'''_ _ <,' _O,_J_~ ~_ " -,--,,- :"""_ _ _' ~____, _,. _",","",,""_ --~- -~, - -~-- ---< - ~--,- 20. The averments contained in Paragraph 20 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. 21. The averments contained in Paragraph 21 of Plaintiffs' Complaint are denied and proof thereof is demanded at the time of trial. 22.-27. The averments contained in Paragraphs 22 through 27 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. COUNT I BARBARA O. STRUPE v. GEORGE E. EDWARDS, M.D. Assault 28. Paragraphs 1 through 27 of this Answer to Plaintiffs' Complaint are incorporated herein by reference as if set forth at length. 29.-31. The averments contained in Paragraphs 29 through 31 of Plaintiffs' Complaint do not pertain to the responding Defendant and no answer is required. WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. COUNT II BARBARA O. STRUPE v. GEORGE E. EDWARDS, M.D. Battery 32. Paragraphs 1 through 27 of this Answer to Plaintiffs' Complaint are incorporated herein by reference as if set forth at length. 2 Ilffli "'-';---,,:_'-Y_\~ ;_;"T""_'"n__'__ 0 ."-,-, ',-_~'" </ ., ,~. '_,C>'-~-<,__i_ _,_~" ,__/r ,-~- - .,--,.,~-,'-^ -- ~ 'p'" ,- 33.-37. The averments contained in Paragraphs 33 through 37 of Plaintiffs' Complaint do not pertain to the responding Defendant and no answer is required. WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. COUNT III BARBARA O. STRUPE v. GEORGE E. EDWARDS, M.D. Intentional Infliction of Emotional Distress 38. Paragraphs I through 27 of this Answer to Plaintiffs' Complaint are incorporated herein as if set forth at length. 39.-42. The averments contained in Paragraphs 39 through 42 of Plaintiffs' Complaint do not pertain to the responding Defendant and no answer is required. WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. COUNT IV BARBARA O. STRUPE v. GEORGE E. EDWARDS, M.D. Negligent Infliction of Emotional Distress 43. Paragraphs I through 27 of this Answer to Plaintiffs' Complaint are incorporated herein by reference as if set forth at length. 44.-49. The averments contained in Paragraphs 44 through 49 of Plaintiffs' Complaint do not pertain to the responding Defendant and no answer is required. WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. 3 :\'5ll., - - ., -"-"~__' ','~__~ o",_~~___. - ,-.", '~._~"--~~--,.,-_. - ~----~---"_. COUNT V JAMES G. STRUPE, JR. v. GEORGE E. EDWARDS, M.D. Loss of Consortium 50. Paragraphs 1 through 49 of this Answer to Plaintiffst Complaint are incorporated herein by reference as if set forth at length. 51. The averments contained in Paragraph 51 of Plaintiffs' Complaint do not pertain to the responding Defendant and no answer is required. WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. COUNT VI BARBARA O. STRUPE v. FAMILY PHYSICIAN ASSOCIATES, INC. Vicarious Liability 52. Paragraphs 1 through 49 of this Answer to Plaintiffs' Complaint are incorPorated herein by reference as if set forth at length. 53. The averments contained in Paragraph 53 of Plaintiffs' Complaint are denied as stated. It is admitted that Dr. Edwards was employed by Family Physician Associates, Inc., for a long period of time. It is also admitted that he acted as Mrs. Strupe's family physician. Finally, it is admitted that family physicians try to, and on occasion do, gain the trust and friendship of their patients. The responding Defendant believes that this may, in fact, have been the case with Dr. Edwards and Mrs. Strupe. 54.-56. The averments contained in Paragraphs 54 through 56 of Plaintiffs' Complaint are denied as stated. It is admitted that Dr. Edwards' employment with Family Physician 4 -;iii!, ~ ~,,_ _.,H,,^"_""""'" ,,- _F~_~Y, ;;C'- ,--'-"'~ - =_" ._,~.,:,_ M>-.=" ,,- "", _ __.'.__. ~_" , " " " Associates permitted him to have a physician-patient relationship with Mrs. Strupe and others, which, by its nature, is personal and necessitates physical contact. 57. The averments contained in Paragraph 57 of Plaintiffs' Complaint are denied as stated. It is admitted that a physician-patient relationship requires the exchange of information between the physician and the patient. It is further admitted that a good physician-patient relationship facilitates the exchange of this information thereby benefiting the patient. 58. The averments contained in Paragraph 58 of Plaintiffs' Complaint are denied as stated. It is admitted that the nature and scope of Dr. Edwards' employment with Family Physician Associates was that of a family practice physician acting in the same or similar circumstances. 59.-61. The averments contained in Paragraph 59 through 61 ofPlaintiffst Complaint are specifically denied and proof thereof is demanded at the time of trial. WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. COUNT VII BARBARA O. STRUPE v. FAMILY PHYSICIAN ASSOCIATES, INC. Negligence 62. Paragraphs 1 through 27 of this Answer to Plaintiffst Complaint are incorporated herein by reference as if set forth at length. 63. The averments contained in Paragraph 63 of Plaintiffs' Complaint are denied as stated. It is admitted that at all times relevant hereto, when Barbara Strupe was receiving 5 "'" - cr'-.-, . '-~_-_;_";h~__""' ,,_~,,_"'_ _,""_~_,?_.,_,,,._ _..' ,,__,-~_~~_", - '_,,-':'" medical care and treatment from Family Physician Associates and Dr. Edwards, Dr. Edwards was acting within the course and scope of his employment with Family Physician Associates. 64.-65. The averments contained in Paragraphs 64 and 65 of Plaintiffs' Complaint are specifically denied and proof thereof is demanded at the time of trial. 66.-68. The averments contained in Paragraphs 66 through 68 of Plaintiffst Complaint are specifically denied and proof thereof is demanded at the time of trial. 69. The averments contained in Paragraph 69 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. Furthermore, the responding Defendant believes and therefore avers that at all times relevant hereto, it acted reasonably and in accordance with appropriate standards. 70.-74. The averments contained in Paragraphs 70 through 74 ofPlaintiffst Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. COUNT VIII BARBARA O. STRUPE v. FAMILY PHYSICIAN ASSOCIATES, INC. Negligent Infliction of Emotional Distress 75. Paragraphs 1 through 27 and 62 through 74 of this Answer to Plaintiffs' Complaint are incorporated herein by reference as if set forth at length. 6 ',-",. "-",~:;; ->_,"",'",v."r:,,__.~,'>_.'~ .,..,-,-. -...", .,' ,,,Oc'>''''''3._,,;-,,,,"", "'F'"-," ." c"\-". ,.e".^. ,".- .,~-_. 76. The averments contained in Paragraph 76 of Plaintiffs' Complaint are denied as stated. The corporate entity Family Physician Associates is not a health care provider. Mrs. Strupets physician-patient relationship was not with Family Physician Associates but rather with Dr. Edwards and any other physicians she may have seen at the Family Physician Associates facility. Nevertheless, it is admitted that Family Physician Associates did owe Mrs. Strupe, as well as the other individuals who are cared for and treated by the physicians employed by Family Physician Associates, a duty to act reasonably under the circumstances. 77.-81. The averments contained in Paragraphs 77 through 81 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. COUNT IX JAMES G. STRUPE, JR. v. FAMILY PHYSICIAN ASSOCIATES, INC. Loss of Consortium 82. Paragraphs 1 through 27 and 62 through 81 of this Answer to Plaintiffs' Complaint are incorporated herein by reference as if set forth at length. 83. The averments contained in Paragraph 83 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. 7 1!!ll;~ ., .'''''' -,., . "'_'0 ~'_"'" "- _,' ~", "c', -_ ,,_,. (0_ _'_"",_ ,__'~_' __ _',' _~;,;- ~ . "" ."." WHEREFORE, responding Defendant demands judgment in its favor and against the Plaintiffs. Respectfully submitted, ER, LLP 8 ;,.~~-, ~--,,<_. '---'"" ."P '''''1', ~' ,. .,'- '-^"_"'_~__"',,_ . /-~-,- -, '\ '_.'>?_. -, ,"_ - .< .'- , - _', " -" VERIFICATION I, G. Robert Little, M.D., do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ID-/O-fXJ l~~,;o a: Robert Little, M.D. ,'~iII " - -"''j'!,,'--,~- T_'''CP'><, -" ':-'-"~_''',_" ~,'1'-," -'",",'M "" .PH' , ' CERTIFICATE OF SERVICE I, Kathy L. Sitler, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Jan Barnett, Esquire R. J. Marzella & Associates 3513 North Front Street Harrisburg,PA 17110 Andrew Dowling, Esquire Mette, Evans & Woodside 3401 NorthFrontStrecl P. O. Box 5950 Harrisburg, PA 17110-0950 Date: O~.fLJL /;J, c000G ~ y,,-)ct~~ KATHY IILER "-''''1 - - ,., _5)_,,,,_,_.,",-,-' .~,.,.,_"",,,,,_.~_,,._, ,__',' ,,-',--Jf',"",'_' ,",__~_ _ .", ,,_. ,.- "','~ -,- ",--',-,,~ .-_;r,~__ ., "'~_ . , THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendant Family Physician Associates, Inc. BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. DOCKET NO. 2000-2020 Civil Term GEORGE E. EDWARDS, M.D., and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants CIVIL ACTION - LAW PRAECIPE TO FILE ORDER OF LIQUIDATION ISSUED BY THE COMMONWEALTH COURT OF PENNSYLVANIA FEBRUARY 1, 2002 TO THE PROTHONOTARY: Please file of record the attached Order of Liquidation issued by the Commonwealth Court of Pennsylvania February 1, 2002. The party/parties represented by Peter J. Curry, Esquire are insured by PHICO Insurance company and, therefore, the provisions of the Order of Liquidation, including paragraph 24, apply to the above-captioned case. p~ Dated: February 26, 2002 I';r-il \,'r _~'-_,",J'f:'""r'"", ,"'?,"C'C"'."9',-J','1''f,,_'',"T\ :~'~1 ,f~ 1',"~-:, '0:,_:, ~,~.~!~ !3l_'-''''_"'_'':''_-_=''"'~',''"''_'''-T,- "_,,.. "'-'" .l'i!C'!~~~', """,",",',-," '__:~_~ _ _~ .',",,__ _~~ "_~ =~" ~. "----. -,-" . .' IN THE COMMONWEALTH COURT OF PENNSYLVANIA M. Diane Koken, Insurance Commissioner of the Commonwealth of Pennsylvania ~. Plaintiff r<""' -- ,. "" v. No. 427 M.D. 2001 1-' PRICO Insurance Company One PRICO Drive . P.O. Box 85 Mechanicsburg,PA 17055-0085 Defendant ,..., "-I." -,: :=;:: .. '- = reo ORDER OF LIQUIDATION AND NOW, this 1st day of February, 2002, upon consideration of the Petition for Liquidation (Petition), filed by Diane Koken, Insurance Commissioner of the Commonwealth of Penru;y1vania (Commissioner), in her capacity as Statutory Rehabilitator of PillCD Insurance Compa;ny (PHICD), in accordance with Article V of the II:~ur8nce Departn}ent Act (Act), Act of 1921, as amended, 40 P.S. SS21l-221.63; and the Consent thereto, it is hereby'ORDERED and DECREED that said Petition is GRANTED. It is further ordered and decreed that: 1. The rehabilitation ofPHICOcornmenced under this court's order of August 16, 2001 is hereby terminated. dn!1!!~r - ., 2. PHICO is hereby found to be and is declared to be insolvent, as that telID is defined in 40 P.S. g221.3 and as provided in 40 P.S. 99221.14(1) and 221.19. 3. The Commissioner (including her successor:.S in office) is hereby appointed Liquidator of PHICO. The Liquidator (including her successors and designees) is directed to take possession of PRIeD's property, business and affairs as Liquidator, to liquidate PRICO in accordance with Article V of the Act and to take such action as the Liquidator' deems to be in the interest of policyholders, creditors or the public. . 4. The'Liqilidatol: is hereby vested with all the powers, rights and duties authorized under the Act arid other applicable law and regulation. ASSETS OF THE ESTATE 5.. The.:Commissioner, is Liquidator, is veste~ with title to all . property, assets, contracts and rights of action '(assets) of PIDCO, of whatever. nature and wherever located, whether held directly or indirectly, as of the date of - the filing of the Petition. All assets ofPRICO are hereby foundto be in custodia legis of this court; and this court specifically asserts, to the fullest. extent of its authority, (a) in rem jurisdiction overall assets of PFlIC;O wherever they maybe located and regardless of whether they are held in the name of PFlICOor any other name; (b) exclusive jurisdiction over all detenninations of the validity and a.IlJ.ount of claims against PilleD; and (c) exclusive jurisdiction over the determination of the distribution priority of all claims against PHICO. 2 ",,~,Ol'lII. _ ,~~= . , 6. The filing or recording of the Order with the clerk of the Commonwealth Court or with the recorder of deeds of the COWIty in which its principal office is located (Cumberland County, P A) shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or recDrded with that recorder of deeds would have imparted. 7. All banks, investment banks, or other companies, other entities 01' other persons having in their possession assets which are, or may be, the property of PHI CO, shall, unless otherwise instructed by the Liquidator, deliver the possession of the same immediately to the Liquidator, and shall not disburse, . . convey, transfer, pledge, assign, hypothecate,.encumber orin any manner dispose of the same without prior written consent of, or unless directed in writing by, the Liquidator. 8. All .,persons and. entities, including but. not limited to accountants, auditors, bankers, trustees and actuaries, are enjoined from disposing of or destroying any documents, correspondence or records, regardless of how maintained (i.e. email, electronic, magnetic, etc.) pertaining or relating to, whether directly or indirectly,' PIDCO, or its subsidiaries and affiliates,inc1uding but not limited to documents pertaining or relating to any transactions between PRICO, its subsidiaries and affiliates and any party; 9. The amount recoverable by the Liquidato~ from any reinsurer shall not be reduced as a result of the Order of LiquidatioJ, regardless of any .., .) ._~ . ' provision in a reinsurance contract or other agreement. Payment made directly by a reinsurer to an insured or creditor of PRICD shall not diminish the reinsurer's obligation to PRIeO, except to the extent provided by law. ".- ~. " 10. All agents, brokers or. other persons having ~old policies of insurance issued by PRICO shall account for and pay all unearned commissions and all premiums, collected and uncollected., for the benefit of PillCO directly to the Liquidator, within thirty (30) days of notice oftbis Order. No agent, broker, r-einsurance intermediary or other person shaH disburse .or use monies which come into theii' possessi.on and are owed to, or are clai.med by, FillCD for any purpose other than payment to the Liquidator. . n. Upon speclfic written instruction by the Liquidator, all attorneys retained by PHrCO or perfonning legal services for PRICO sh~l1, within . thirty (30) days of such re,!uest, report to the Liqui.dator the name, company claim number (if applicable).and status of each matter they are.hand.ling on behalf of PRICO. Said report shall include an accounting of any funds received from or on behalf of PHI CO for any purpose and in any capacity.. 12. Upon instruction by the Liquidator, any entity furnishing telephone, water, electric, sewage, garbage, trash removal, or utility services to PRICO shall maintain such service and create a new account for the Liquidator as of the effective date of this Order. 4 'l'<!! !""''''"-.=~- 13. Unless otherwise instructed by the .Liquidator, any persons or entity having custody or control of any data processing information and records (including but not limited to source documents, all types of electronically stored documents and information, master tapes or any other recorded information) relating to PHICO or its subsidiaries or affiliates, shall transfer custody and control of such records, in a form readable by the Liquidator, to the Liquidator. 14. Unless instructed otherwise by the Liquidator, all persons and entities furnishing claims processing or data processing services to PHICO shall maintain such services and transfer any such aCCl!lunts to the Liquidator as of the effective date of this Order. 15. PHICO, each of its subsidiaries and affiliates, and their respective present and former officers, dire<<?tors, trustees, employees, consul.tants, agents 'and attorneys, and any and all other persons, shall: (a) surrender peacefully. y . . to the Liquidator the p:remises where PRico conducts its busin~ss;{b)deIiveral1. keys or access codes thereto and to any safe deposit boxes, and advise the Liquidator of the combinations or access codes of any safe or safekeeping devices '- of PHICO or any password or authorization code or access code required for access to data processing equipment; (c) deliver and surrender peacefully to the Liquidator, all of the assets, books, records, files, credit cards, or other property of PHICO in their possession or control, wherever located; and Cd) otherwise advise and cooperate with the Liquidator in identifying and locating any and all of the foregoing. 5 - ~ . ~,~ 16. Except for contracts. of insurance and for remsurance, all executory contracts to which PHICO is a party as of the effective date of this Order are hereby disavowed, and will stand as disavowed, unless specificlll1y affirmed by the Liquidator within 120 days of the effective date of this Order. Any ~isavowal under this provision shall not be an anticipatory breach of any suc~ contract. All indemnification agreements entered into by PHICO during the rebabilitation are hereby affirmed, and the Liquidator is hereby indemnified by the estate of PHI CO, as an administrative expense, to the fullest extent permitted by law. CONTn-..ruA TION AND CANCELLATION OF COVERAGE. 17. All policies and contracts of insurance issued by PHICO are caricelled and terminated for all purposes. upon the earliest of the following dates: (a) thirty days from the effective date of this Order; (b) until the expiration of the . policy or contract; (c) until the insured has replaced the insurance coverage with equivalent insurance with an,other insurer or otherwise terunnated the policy; or (d) . '.- until the Liquidator ha.s..effected a transfer of the policyobli!j?ation pursuant to section 221.23(8) of the Act. WORKERS' COMPENSATION CLAIMS 18. For a period not to exceed 90 days from the effective date of this Order, the Liquidator is authorized but not obligated, in her sole discretion, to makc arrangements for the continued payment in full of the claims under policies of workers' compensation by making the facilities, computer systems, books, records and arrangements with third party administrators (to the extent possible) of PHICO available for the processing and payment of such claims, to any affected 6 "'I~OO11! " ,. ,~-. r ., guaranty association (or other entity that is the functional equivalent) and to states and state officials holding statutory deposits for the benefit of such workers' compensation claimants, provided, however, that such guaranty associations, states or state officials shall provide or make available the funds to make the actual payment of such claims. In circumstances where a guaranty association certifies in writing to the Liquidator that it does not have the immediate ability to fund the payment of workers' compensation claims that are its obligation by law, the Liquidator is authorized to advance the funds, if available, from PRIeO to pay S11ch claims on a temporary basis for a period not to exceed 90 days, provided that the guaranty association enters into a written agreement that such advances shall be treated as a distribution pursuant to 40 P.S. !l22l.36. The Liquidator shall have the discretion to accept such interim assurances as she deems adequate in lieu of a formal agreement. NOTICE AND. PROCEDURE FOR FILING CLAIMS 19. The ...Liquidator shall.use good faith efforts. to give notice by first-class mail to all entities or persons which or who may have claims against PRICO, contingent or otherwise, as disclosed by its books and records, and advising claimants to file with the Liquidator their claims together with proper proofs thereof on or before Aprill, 2003. The Liquidator shall also cause a notice to be published in newspapers of general circulation where PHrCO has its principal place of business, as well as in the national edition of the Wall Street Journal, (a) specifying the last day for the filing of claims; (b) advising all persons of the . procedure by which all persons may present their claims to the Liquidator; (c) advising all persons of the address to which they may send their claim; and (d) 7 ll!l<i'j$~=- advising all such persons of tbeir right to present their claim or claims to the Liquidator. Any and all persons,finns or cOJ1lorations having or claiming to have any accounts, debts, claims or demands against PHIeO, contingent or otherwise, or claiming any right, title or interest in any funds or property inthe possession of the Liquidator are required to file with the Liquidator at the location d,esignated in the above-described notices, on or before the date specified by the Liquidator as the last date upon which to file a claim, a properly completed proof of claim or be thereafter barred as claimants against any assets in the possession of the Liquidator, unless a late filing is permitting under 40 P.S. g22L37. No person or entity shall be eligible to participate in any distribution of tlle assets of PHleo unless such claims are filed or presented in accordance with and within the time limit and procedures established by the Liquidator, subject to the provisions for the late filing of claims at 40 P.S. 9221.37. EXPENSES. PAYMENTS AND LA WSUlTS 20. Wit1:out filing a petition for distribution, tht;; Liquidator shall have the discretion to pay as costs and expenses of administration pursuant to 40 P.S. g221.44, the actual, reasonable and necessary costs of preserving or recovering assets of PHI CO and the costs of goods or services provided to and duly approved by PRICO (In Rehabilitation) during the period of Rehabilitation and that are nnpaid as ofthe effective date of this Order. The rights and liabilities .of PRIeO and of its creditors, policyholders, trustees, shareholders, members and all other persons interested in this estate determined in accordance with the Act as of the date of filing of the Petition for Liquidation. 8 ,,'!'I,~..,;I~~- . 21. PRICO, its subsidiaries and affiliates, and their respective directors, officers, trustees, employees, attorneys, brokers, consultants, agents, policyholders, and creditors, and any other persons, wherever located,::f;.cep~,at the direction of the Liquidator, are enjoined from: (a) the transaction ?f further. business on behalf of or for PRICO, (b) the transferring, selli~g, terminating, canceling, disbursing, disposing of or assigning any assets, funds or other property of PHI CO, (c) the institution or further prosecution of any actions in law or equity on behalf of or against PRICO, (d) attempting to coUect unpaid premiums, de:ductibles or self-insured retentions :from PRICO's insureds, and (e) taking any other action which might or would lessen the value ofPHICO's assets or property,. prejudice the rights and interests of PRICO's policyholders and creditors, or interfere in the administration of the liquidation proceeding. 22. PHICO, its subsidiaries and affiliates, and their respective directors, officers, trustee.~, employees, attorneys, brokers,. comultants, agents, policyholders, and cred!~Qrs, and any other persons, wherever loc:ated, are enjoined from: . (a) concealing or destroying any assets, funds or other property of PRICO, Cb) any interference, in any manner, with the Commissioner or her designees in liquidating PHICO's business l!Il.d affairs, (c) any waste of PHICO's assets or property, Cd) the dissipation or transfer of PHI CO's bank accounts and negotiable instruments, (e) the obtaining of preferences, judgments, attaclum,uts, garnishments or liens against PRICO's assets, property and policyholders, Cf) the levy of execution process againstPHICOand its assets, property and policyholders, (g) the negotiation or execution of any agreement of sale or deed conveying personal or real property of PHICO for nonpayment of taxes or 9 otl<<<_~ ,-- '-^ assessments or for any. other purpose, (h) withholding from the Liquidator or removing, concealing, transferring or destroying books, accounts, documents, policies or policy-related documents or other records relating to PHICO's business, and (i) maki'ng any assessments or indirectly collecting such assessments ?y setting them off against amounts otherwise payable to PRICO. 23. No action at law or equity, including but not limited to arbitrations and mediations, shall be brought against PRICO, the Liquidator, or the Conunissioner in her capacity as Liquidator, whether in this Commonwealth or elsewhere, nor shall any such existing action be maintained or further prosecuted after the effective date of this Order, All actions, including arbitrations and mediations, currently pending against PillCO in the courts of the Commonwealth of Pennsylvania or elsewhere,. are hereby stayed ind~fi.nitely_ All .actions, arbitrations and mediations againstPHICD, the Liquidator, or the Commissioner in her capacity as Rehabilitat?r o~ Liquidator, shall be submitted and considered 3$ . claims in a liquidation proceeding. Only in the event that a Pa:tY claims that the Liquidator, or the Commissioner in her capacity as Rehabilitator or Liquidator, has acted outside her statutory authori~ or in a manner contrary to law, may that party file a petition for review seeking reUefin this court. " . 24. Unless waived or otherwise agreed by all of the parties thereto and the relevant guaranty associatiori, all actions in which PRICD is or may be obligated. to defend a party in any court are stayed to the extent provided by applicable law, subject to further order of the court. The Liquidator may 10 "T~1l>O. ~ ,-~. , ,,~ .- cooperate, upon request of a guaranty association, in seeking a stay of any action, as authorized under applicable law. 25. No verdict, judgment or order against PHlCO or it~ insureds entered after the date of filing of the Petition for Liquidation, ~d no verdict, judgment or order against PHICO entered at any time by default .or by collusion, need be considered as evidence or proof of liability or quantum of damages by ,he Liquidator. 26. No action or proceeding in the nature of an attachment, garnishment. or execution shall be commenced or maintained. in this Commonwealth or elsewhere against PHICO, the Liquidator, or the Commissioner in her capacity as Liquidator, or their assets. 27. All secured creditors or parties, pledgees, lienholders, collateral holders or other perso!ls claiming secured, priority or preferreli interests in any property or assets of PHICO are hereby enjoined from taking ::my steps whatsoever to transfer, sell, assign, encumber, attach, dispose of, or exercise, purported rights in or against any property or assets of PRIeO, except as provided in 40 P.S. 9221.43. 28. The Liquidator is authorized, in her discreion, to identify, seek and recover PHICO assets held by (a) the Supplemental Renement Income Plan Trust; (b) the Directors' Deferred Compensation Plan Trus:: or (c) any rabbi or other trusts or plans with respect to benefits or other value c remuneration to be 11 -;oill_ "~ provided to members or fomier members of management or highly compensated employees of PHI CO or any of its subsidiaries oraffili'l-tes. 29. This Order shall be effective on February 1, 2002 and supersedes this court's order of August 16,2001. 30. The Liquidator, through her counsel, is hereby directed to serve a copy of this Order upon all parties of record. The Liquidator, through her cOlmsel, is directed to file with the court in the Office of the Prothonotary, 9th Floor, Widener Building, 1339 Chestnut Street, Philadelphia, PA 19107, an affidavit that such service has been effectuated. 3 1. Any correspondence to the Liquidator (as opposed to counsel to the Liquidator) shall be directed as follo~s; Statutory. Liquidator, PIDCO Insurance Company (In Liqqidation), F:.O. Box 2025, Mechanicsburg, fA 17055. ~ 4 ~/ -, ~ ~~,~. '-/ ROCHELLE S. FRIEDMAN, Judge 12 ""'.'Ill;:r CERTITICATE OF SERVICE I, Tracy 1. Paris, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: J an Barnett, Esquire R. J. Marzella & Associates 3513 North Front Street Harrisburg,PA 17110 Andrew Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, P A 1711 0-0950 Date: ;{- ;;;'/r f/r ~~r~fld TRACY 1. ARIS - ~-^?~<,,," ",'7 H'"~ ,_,c..,.. ",,-'.'~ .-'"h,'-.,;,'''',,_ rr;, _';","","P"o/tl':'-"','~,~'"!'.'~""" '_"''!i'''~_''l2,o_'~' 'c _ '. ,',_,.~__ "f," fL". _, _ _ _~_~. _ .. '.'; "". _,," ..~" ... ~ - , ., - r-" , " ,".", Cj ~_ ,>.'_ "',." .S ",f?'._ r-,~ ,"-- --.~ '~--,~-^ ~"= () c: <- -cfB q;r;--l Z:xi -71"- uj ]?.:: -$"'-. t:;...CJ )>,- '/,,) ~C.) >(:: ~ '~'~--. C) r\.) :-r.: ]:':ril> = I (-J --f} :=! '-, - --. ~':i i;~;~) 5: '._.J_:;,;: t;~fr{ ~ =< ~"1',_' -~~~Il!IJfIl~!"",!",~,",".I'!~t~~ '!'!P", , ___, ,.. .. .,~" THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 AUorney for Defendant Family Physician Associates, Inc. BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. DOCKET NO. 2000-2020 Civil Term GEORGE E. EDWARDS, M.D., and F AMlL Y PHYSICIAN ASSOCIATES, INC., Defendants CIVIL ACTION - LAW AND NOW come the Defendants, Family Physician Associates, Inc. , hereby amend their Matter to Plaintiffs' Amended Complaint to include the following averments: 1. Defendants were insured under a policy issued by PHICO Insurance Company. 2. The Commonwealth Court of Pennsylvania entered an Order of Liquidation with a finding of insolvency against PHICO effective February 1, 2002. 3. As a result of the Liquidation Order, the provisions of 40 P.S. 9991.1817(a) apply to the Plaintiffst claim. This provision provides, in relevant part, that: "Any person having a claim under an insurance policy shall be required to exhaust first his right under such policy. For purposes of this section, a claim under an insurance policy , -==. "'-"'''''~~-"_11'~_ - .",'::t_', .'_-z-',' -~"_, ~-c'"----'~-~'''''-';-_~-> - -,. "-;~,---- C",." .,c'"C" .Lc. Cc" c '.'..c' . shall include a claim under any kind of insurance, whether it is first-party or third-party claim, and shall include, without limitation, accident and health insurance, workers' compensation, Blue CroSS and Blue Shield and all other coverages except for policies of an insolvent insurer. Any amount payable on a covered claim under this Act shall be reduced by the amount of any recovery under other insurance. n 40 P.S. ~991.1817(a). 4. Plaintiffs are required to first exhaust their rights under any insurance policy, including but not limited to claims under accident and health insurance, workers' compensation, Blue Cross and Blue Shield and all other coverage except for polices of an insolvent insurer. 5. It is believed and therefore averred that certain or all of Plaintiffs' medical and other bills for which Plaintiffs seek recovery in this action were paid or are/were payable under accident and health insurance, Blue Cross and Blue Shield, workerst compensation insurance, or other insurance. 6. Plaintiffs' recovery or rights to recovery under all other insurance reduces any amounts payable by the Pennsylvania and Property and Casualty Insurance & Guaranty Association; to the same extent, Plaintiffs' claim against Answering Defendants is also reduced. Respectfully submitted, THOMA MAS & HAFER, LLP DATE: j /31/fl.- , . 2 "1'. .. ~ . ",~ ,__~~,c qc _"._ _"'__~ c_~<~'__~~-_'9f,-o' "-'3c-"< C'I"__ ~ _~0,";:',-,,;,__:-<~_>, ~'F, -" ,_--,-_-~.' _"":'_~_'_"':_ '~:_~"',' ~_"_'_"'/__">'""'_'< ~_o"_~'_ ^ _, __ _ ,'_ ., _ ~" ~__ _ __" __~_ ,_~ ~ ".._,. "" '.' --. . THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendant Family Physician Associates, Inc. BARBARA O. STRUPE and PLEAS OF JAMES G. STRUPE, JR., husband PENNSYLVANIA and wife, IN THE COURT OF COMMON CUMBERLAND COUNTY, Plaintiffs v. DOCKET NO. 2000-2020 Civil Term GEORGE E. EDWARDS, M.D., and FAMILY PHYSICIAN ASSOCIATES, INC., VERIFICATION I, Peter J. Curry, Esquire, hereby state and aver that I have read the foregoing AMENDED NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Dated: :J1.3JJ ~ ~ '--:'- ',.t,,~o _,,_""', "-""-""_',,:,_-~ ,.""."C. '.- '4", _,,~, ,-..,.. ,,~_,~ ." _:,,~,_;J:' c....c.,.......,.~..........."". " ... . _. . CERTIFICATE OF SERVICE I, Tracy L. Paris, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: Robin Marzella, Esquire R. J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Andrew Dowling, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Date: fI /3/ fl- 11 0(JM TRACY L. ~ " "-,,", --_'C"_""""""'~"_~"'_'__"" -r-;~' r":" y.,e - 'f':C'~'_~" -'.' 'j-<;:;,.<''" -, ': __,,.,,",. ,," _' ':___~ .c,. ,J_ -~'C--",,-_,.,_,,^ .,._"",^ . .- _p~ " , '_ -"'0"" " ._~'''' ,~'" _ "._ v.. - - --~ - ~-- 'j I ~ ,:t "'-1'=',. .. .' ,.C',''C' Ie'_ ',T .,...~ 111~ "\JC'_' [~!L~ 1:-;. "- ?-~;~~:. :::::"'""- ~~::~ ::::'1 -< ~~II;.,.,.4\~~"'" () C ~' ~-':-) \".) ~,;::: - . () <l~ i l.~~ )C' "'-~! n~-' I'-,J .."", f''':'' ,!I!~ . R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court LD. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court LD. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (7171 234-6883 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs : DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO AMENDED NEW MATTER OF DEFENDANT, FAMILY PHYSICIAN ASSOCIATES, INC. Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr., husband and wife, by and through their counsel, R. J. Marzella & Associates, P.C., file the Reply to Amended New Matter of Defendant, Family Physicians Associates, L'1c. as follows: 1. Admitted. 2. Admitted. 3. The allegations contained in Paragraph 3 of Defendant's Amended New Matter constitute conclusions of law to which no response is required. 11""'~ , . ~...........~ ,-.,r" ,_"'ro.'''' .".,. , 4. The allegations contained in Paragraph 4 of Defendant's Amended New Matter constitute conclusions oflaw to which no response is required. 5. The allegations contained in Paragraph 5 of Defendant's Amended New Matter constitute conclusions of law to which no response is required. 6. The allegations contained in Paragraph 6 of Defendant's Amended New Matter constitute conclusions of law to which no response is required. WHEREFORE, Plaintiffs respectfully request that Defendant's Amended New Matter be dismissed, and judgement entered in their favor. Respectfully submitted, R. J. Marzella & Associates, P.C. 0_ (l/~f;; 'l!Ill ''''~,.., - -J-, ~ . VERIFICATION We, Barbara O. Strupe and James G. Strupe, Jr., do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Dated: 0-(2/07.../ ~~~~ ':;;!I'J o ~,'~ - ,- ,-" ,. . CERTIFICATE OF SERVICE I, Robin J. Marzella, hereby certify that true and correct copies of the foregoing document was served upon all counsel of record this 12th day of June, 2002, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter J. Curry, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor Post Office Box 999 Harrisburg, P A 17108 Counsel for Family Physician Associates, Inc. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 Counsel for George E. Edwards, M.D. - "- < ,-~ -r." -, ,- - ~ . - . -,. ""'"J' ^~ . ,~- - ,-. . ~" -~ ,- =. ... . 0 0 0 C N s: " "'tJCO L.. :rJ nlrn c: Z::u :;e cn:n Z~~ r- ',.p,pi ~~.. .C:- ,.,? ~::'::CJ -0 =.0 ~C; ) ,., ::e >...::-n 'I ~~C) \":,Jr"") )>c::: w ::'~rn 0 ~ ):;' :1 =2 :::> I '0 :o:J -< l ..'.j , 1 1 , '~ ., i' I ,I I. ........Ml_!IllIlI ~. ~~ -- ~_"a _~.J~~~~~~'Wl!1i~~1llV ",,"!IIIII . , BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant George E. Edwards, M.D. certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) counsel for plaintiff advised defendant that no objection to the subpoena will be made and the 20 day notice period is waived, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. METTE, EVANS & WOODSIDE By: ~ -=:- ANDREW H. DOWLING, ESQUIRE (Supreme Court 1.0. #39692) 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendant George E. Edwards, M.D. DATED: 2/14/03 ~"t~ , ,~. ~ , ,,_, c' ^. .. . ,-__,~< "_""0 ~,_ ,,' . ..~- - - " < - . ~, - - _,_P~'" -P'-- . BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS, M.D. and . FAMILY PHYSICIAN ASSOCIATES, : INC. Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 George E. Edwards, M,D., Defendant, intends to serve a Subpoena to Produce Document and Things upon Chief of Police, New Cumberland Police Department, identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. MElTE, EVANS & WOODSIDE BY: .=~ .- ANDREW H. DOWLING. ESQUIRE SupremeCourtt D. No. 39692 3401 North Front Street P.O.Box5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 DATED: lta~lo~ Attorneys for Defendant George E. Edwards, M.D. e1!l,~. .-.- , , BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs ,: IN TIvIE COURT OF COMMON PLEAS ~: CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: ANDREW H. DOWLING. ESQUIRE Address: METTE. EVANS & WOODSIDE 3401 NORTH FRONT STREET HARRISBURG. PA 17110 Telephone: (717\ 232-5000 Supreme Court ID# 39692 ATTORNEY FOR: Defendant. GeorQe E. Edwards. M.D. BY THE COURT: DATE: !ilrfI"M~':)O ,;>0l1~ (j Se of the Court il Division) !i!J!I.lI. . . -~., ''''., ,. -. "---- - Return of Service . ;;1 Onthe_d~YQf .,2003,1. .'. .... .... ,served with the foregoing subpoena by: (Describe meth@dofservice) I verify that the statements in this return of service are true and correct. lunders~nd t~at fal~e $.tatemE:!nts.'j:lerein are made subject to the penalties of 18 Pa.C.SA Sec. 4904 refilling to unl;lworn f<!lslTIcation to. au!honties. DATE: (Signature) 'I :1 ,t i :1 " 'I I 316448 III ,,- 1IIlIIQIltlII~~H"",_~~_",,,,'<!lIIil" . ,~,,-.IIII[I!IiI~~llI!llIlfm~lIW1'l~Q'fiIIWl~~i!llRil!1!llm'llrmJm~~~if;!l .! ".f., ._. > CERTll='ICA TE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and 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, at Harrisburg, Pennsylvania, with first class postage prepaid, addressed as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Robin Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 METTE, EVANS & WOODSIDE BY: _____ c ANDREW H, DOWLlNG,ESQUIRE Supreme Court I. D. No. 39692 -- 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Defendant George E. Edwards, M.D. DATED: tt~lo~ 31_ ~y~~ . ., . ~~""- : CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and 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, at Harrisburg, Pennsylvania, with first class postage prepaid, addressed as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Robin Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 METTE, EVANS & WOODSIDE BY: ~ ----- ~ ~ ANDREW H. DOWLING, ESQUIRE Supreme Court I. D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Defendant George E. Edwards, M.D. DATED: 2/14/03 316564 ~"'!\ ~ , -. , . - " ,-', -, ~,'-----,., n_,.,,---.- . ':-~ -" ". - ^-:1"Y' '" .~ ~ ~~ 11 " ~ !' . ~"' - (') c:=' c) C c~~ ~ -n -rJ ~, n.": r"1 ~~, n'" ~~~ C) (r},~~-_ .j: ~c, j;: -- j; 7',,' --' , "'_t'-, 5>?;--. 1... ) ~,) ,Tj ~<- ~- -" .' j~J ~--'-, r.=; -< _Y!T"r ,,',"f',';.';, ._ ,- ~.,_~~""'t.q(;!"-, 11!l"{~_ ~,,_~~R~,_~=. '_"1" w,,, '" BARBARA O. STRUPE and JAMES G. STRUPE, JR.. HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant George E. Edwards, M.D. certifies that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) counsel for plaintiff advised defendant that no objections to the subpoenas will be made and the 20 day notice period is waived, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. By: METTE, EVANS & WOODSIDE ~ -=- ANDREW H. DOWLING, ESQUIRE (Supreme Court 1.0. #39692) 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendant George E. Edwards, M.D. DATED: 2/18/03 jf!l!l!!_~,~ -.. ~., - -," , y" ~;- ',~-~-, "_0 ~,~ ~ _ I - ^ , - " '-',-'-!'""" , -~, , - BARBARA 0, STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E~ EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, : INC. Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 George E. Edwards, M.D., Defendant, intends to serve Subpoenas to Produce Documents and Things, upon Harrisburg, Hospital, Patricia A. Reddy, M.D., Sharon, R. Frankel, M.D., Abel Temps, and Protection Service, Inc., identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. METTE, EVANS & WOODSIDE BY: ~~ --:::.-- ANDREW H. DOWLING. ESQUIRE Supreme Court I. D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 DATED: 1\ #.\03 Attorneys for Defendant George E. Edwards, M.D. ~...- r'~ ,- -, ' 'BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS, M.D, and FAMILY PHYSICIAN ASS6cIA TES, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOGUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MEDICAL RECORDS CUSTODIAN - HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: all records relatina to BARBARA 5TRUPE DOB: 02/14/51: 55# 237-88- 7249: inctudina but not limited to all medical records. treatment charts. referrals. consultations. evaluations. diaanostlc studies and findinas. radloloav reoorts. oroaress notes, hosoital records and any and all medical records oertainina to medical care. historv. condition. treatment, diaanosis, oroanosis. or etioloav and any and all records not soecificallv identified above. You are required to produced these records to: Andrew H. Dowling, Esq. METTE, EVANS & WOODSIDE at 3401 North Front street. Harrisbura. PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, In advance, the reasonable cost of preparing the copies or producing the things sought. Ilf you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: ANDREWH. DOWLING. ESQUIRE Address: METTE. EVANS & WOODSIDE 3401 NORTH FRONT STREET HARRISBURG. PA 17110 Telephone: (717) 232-5000 Supreme Court ID# 39692 ATTORNEY FOR: Defendant. Georae E. Edwards. M.D. BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) Deputy <Jllo~,~, ~.,~," , c 'C' :,. , ,~"~ ~~ , BARBARA O. STRUPE and JAMES G. STRUPE, JR.. HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES. INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian -PATRICIA A. REDDY, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: all records relatina to BARBARA STRUPE DOB: 02/14/51: SS# 237-88- 7249: includina but not limited to all medical records. treatment charts. referrals. consultations. evaluations. diaanostic studies and findinas. redioloov repOrts. orooress notes, hosoital records and anv and all medical records oertainina to medical care. history, condition. treatment. diaanosis. oroanosis, or etioloav and any and all records not soecificallv identifl6d above. You are required to produced these records to: Andrew H. Dowling, Esq. METTE, EVANS & WOODSIDE at 3401 North Front Street. Harrisbura. PA 17110 . (Address) You may deliver or maillegibJe copies of the documents or produce things requested by this subpoena, together with the certificate of compliance. to the party making this request atthe address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copi~s or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its "ervice, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: ANDREW H. DOWLING. ESQUIRE Address: METTE. EVANS & WOODSIDE 3401 NORTH FRONT STREET HARRISBURG. PA 17110 Telephone: 1717\ 232.5000 Supreme Court JD# 39692 ATTORNEY FOR: Defendant. Georae E. Edwards. M.D. BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) Deputy j-:,.....-~ - " .", - ~, . ,'d ~' ,,", . ,~ BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs . GEORGE E. EDWARDS, M.D. and FAMILY pHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medical Records Custodian - SHARON R. FRANKEL. M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents. or things: all records relatine to BARBARA STRUPE 008: 02/14/51: SS# 237-88- 7249: includino but not limited to all medical records, treatment charts. referrals. consultations. evaluations. diaonostic studies and findinas. radioloav reports, proaress notes. hospital records and any and all medical records pertainina to medical care. historv. condition. treatment. diaanosis. proenosis. or etioloov and any and all records not soecificallv identified above. You are required to produced these records to: Andrew H. Dowling, Esq. METTE, EVANS & WOODSIDE at 3401 North Front Street. Harrisbure. PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: ANDREW H. DOWLING. ESQUIRE Address: METTE. EVANS & WOODSIDE 3401 NORTH FRONT STREET HARRISBURG. PA 17110 Telephone: (717) 232-5000 :3upreme Court 10# 39692 ATTORNEY FOR: Defendant. Georoe E. Edwards. M.D. BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) Deputy ^'< .L.~ 'BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS , : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIA rES, . . INC. '. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian - Abel Temos (Name of PersOn or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a complete COPY of any and all employment records reoardino BARBARA STRUPE OOB: 02/14/51: SS# 237-88. 7249: includino but not limited to all documentation concernino dates of employment. attendance records. waoe and earninos documentation. performance eyaluations, disciplinarv records, employment applications. resumes, iob description includlno description of duties, benefit plans and medical records. You are required to produced these records to: Andrew H. Dowling, Esq. METTE, EVANS & WOODSIDE at 3401 North FrontStreet. Harrisburo. PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed aboye. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name: ANDREW H. DOWLING. ESQUIRE Address: METTE. EVANS & WOODSIDE 3401 NORTH FRONT STREET HARRISBURG. PA 17110 Telephone: (717) 232.5000 Supreme Court 10# 39692 ATTORNEY FOR: Defendant. Georoe E. Edwards. M.D. BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) Deputy '\I!l!!I.~ ~= - ",-. " ,. .' BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS .: CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS, M;D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERYPU,~SUANT TO RULE 4009.22 TO: Records Custodian - Protection Service. Inc. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a comolete coov of any and all emolovment records reaardina BARBARA STRUPE DOB: 02/14/51: SS# 237.88. 7249: includinG but not limited to all documentation concernina dates of emolovment. attendance records, waGe and earninas documentation, oerformance evaluations. disciolinarv records. emolovment aoolications. resumes. iob descriotibn includinG descriotion of duties, benefit olans and medical records. You are required to produced these records to: Andrew H. Dowling, Esq. METTE, EVANS & WOODSIDE at 3401 North Front Street. HarrisburG. PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to Comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: ANDREW H. DOWLING. ESQUIRE Address: METTE. EVANS & WOODSIDE 3401 NORTH FRONT STREET HARRISBURG. PA 17110 Telephone: (717) 232-5000 !Supreme Court 10# 39692 ATTORNEY FOR: Defendant. Georae E. Edwards. M.D. BY THE COURT: DATE: Seal of the Court (Prothonotary/Clerk, Civil Division) Deputy , , " ?, r CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and 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, at Harrisburg, Pennsylvania, with first class postage prepaid, addressed as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North .Front Street ,Harrisburg, PA 17101 and Robin Marzella, Esquire . . ;3513 North Front Street Harrisburg, PA 17110 METTE, EVANS & WOODSIDE BY:~~= ANDREW H. DOWLING, ESQUIRE Supreme Court I. D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Defendant George E. Edwards, M.D. DATED: \ \-~1Q) 316564 ~".~ = -r ~_ n CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and 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, at Harrisburg, Pennsylvania, with first class postage prepaid, addressed as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Robin Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 METTE, EVANS & WOODSIDE BY: ------~~ "")- ANDREW H. DOWLING, ESQUIRE Supreme Court I. D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Defendant George E. Edwards, M.D. DATED: 2/18/03 316564 ~ -", - -" ~,. t,. ~_ r'l!!l'!ll~~,~ r '" ". ,-. ,."~ ~ ~r-~~,'m , 9 ;7 'oj,,' u';r ~~;: cn -"-" ~ ::~;;, (~ 5S J,IIlfI,",,_"~_~l /~ _c C:::1 cJ -'1 '/\ :::J ;'-,,') C:.J -- t") ~'~1 -"..-' '~'(j ,~ '-( "',:'-j~~d - ~~(J ':5rn --.-\ -T;:"' "0 '< - r:~ o ,p ""'-- ".,-h~-_ ,~?1:-~~~~ BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-2020 CIVIL CIVIL ACTION - LAW GEORGE E. EDWARDS, M.D., and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this I' day of May, 2003, a brief argument on the within motion to compel is set for Wednesday, May 28, 2003, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, ,41. Marzella, Esquire For the Plaintiffs ,4i Andrew H. Dowling, Esquire Peter 1. Curry, Esquire For the Defendants J /i-q ,(;J [' ~ 71'\ - f:)C'1 V 0 o :rlm /~ \-\ -eo t{o..t.l 5 q 1.0" od sid e. .~, . ~ Ii 'I ,I :1 ~,! i:i " i,j .l ,i . \1/1iV/\l'S""/Ij' k'fnr'" ::'.,'::lel ...U\i ,~_/.. r,,,!..I~\,.... ~ " .' "(",J:,. tc;-h:irlHr:'" -, --"-J1I~, 9t./ I/O ;~ :'1 'I' hd 1- AVij EO AI:J\I!i""" . ; \f.!..\)j',,, lilll : F j " : ..j/'-' ,.1-',)<.:;;"] j:-ll .In ! :;J/j,'O-lJr':'ll ; -tV , ~..J ,:.:1 I I '"- ~~~.__~.cr: Jrum - . ~""-;'.' '\ . "1mffiilF.l!!!WjFjWf"~~!W-~~WNll!l!!!tl!l'1Jjj;?;I_".I!I__.~ '_'~r~~ _,~",,_,' I!II~ , \ BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 4001-1 AND NOW, comes Defendant, George E. Edwards, M.D., by his attorneys, Mette, Evans and Woodside, and files this Motion to Compel pursuant to Cumberland County Local Rule 4001-1, based on the following: 1. The above captioned matter is a civil action brought by Plaintiff, Barbara Strupe and her husband against Dr. Edwards and his former practice as a result of improper touching during an examination of Barbara Strupe by Dr. Edwards, resulting in alleged emotional distress and other psychological damages to Plaintiff, Barbara Strupe. 2. As pled in the Complaint, Plaintiff, Barbara Strupe has put her mental, emotional and psychological health at issue. Complaint attached as Exhibit "A". " --,;--, ,.."~,-!-- ,"", "'''- ,-"- . . ) 3. In his Answer With New Matter, Dr. Edwards has questioned whether Plaintiff's alleged emotional, mental and psychological harm is related to his conduct or other circumstances in the Plaintiff's life, including Barbara Strupe suffering from a ten year history of anxiety and depression to which treatment has been ongoing; Plaintiff, Barbara Strupe being the victim of a knife attack by her son; Plaintiff, Barbara Strupe suffering other abuse by her sons, resulting in a Court Order protecting Plaintiff, Barbara Strupe from her sons; Plaintiff, Barbara Strupe suffering from financial problems and other physical/medical problems; Plaintiff, Barbara Strupe suffering from physical abuse by her ex-husband; Plaintiff, Barbara Strupe suffering severe stress at her place of employment and Plaintiff, Barbara Strupe feeling "violated" by the news media due to press coverage of jury trials involving her son, where her son and family were betrayed negatively concerning racial issues surrounding the trials. Defendant's Answer With New Matter attached as Exhibit "B". 4. Therefore, as contained in Plaintiff's Complaint and in Defendant Edwards Answer, clearly Plaintiff's emotional, mental and psychological health is at issue and the causation of such damages. 5. By letter dated January 29, 2003, Defendant Edwards sent Plaintiff authorization for release of mental health records directed to: (a) Holy Spirit Hospital Community Mental Health Center (b) Holy Spirit Hospital Out Patient Mental Health (c) J. K. Moola, M.D. (d) David G. Petkash, M.D. .,",Co; "._.'..' ,p .,"--;--,..'-' "' " ,_0, , \ (e) Cumberland/Perry Mental Health and Mental Retardation (f) Stevens Mental Health Center (g) Crisis North (h) Carlisle Crisis, c/o Stevens Mental Health Center (i) Dennis Graybill January 29,2003 correspondence attached hereto as Exhibit "C". An authorization was also sent for release of employment records directed to IBM Corporation. 6. By letter dated March 4, 2003, Defendant Edwards again requested Plaintiff provide signed authorizations. Correspondence attached as Exhibit "0". 7. Plaintiff failed to respond to the March 4, 2003 correspondence. 8. Defendant Edwards through counsel attempted to again contact Plaintiffs attorney and did so by a telephone call on April 14, 2003 and left a message concerning the authorizations. The phone call was not returned. 9. Plaintiffs are represented by Robin J. Marzella, Esq. of R.J. Marzella & Associates, P.C., 3513 North Front St., Harrisburg, PA 17110. Defendant, George E. Edwards, M.D. is represented by Andrew H. Dowling, Esq. of Mette, Evans & Woodside, 3401 N. Front St., Harrisburg, Pa 17110. Defendant, Family Physicians Associates, Inc. i~ represented by Peter Curry, Esq. ofThomas, Thomas & Hafer, 305 N. Front St., Harrisburg, PA 17101. -!!J!.",. " .-~ ,~ -"'0. ,-_~___1. __~. -,-,., ',_~" ., ,- ~ -1; ,. c___ -' " ,., WHEREFORE, Defendant Edwards requests this Court to order Plaintiff to sign authorizations enumerated in Paragraph 5. Respectfully submitted, METTE, EVANS & WOODSIDE DATED: y;;' I' ~ 3 BY:~;:: ~ Andrew H. Dowling, Esquire Supreme Court 1.0. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. ~~"I '''''", '..' ">j,., _'H'__'_,' '_<" " - ,. - - -'~) - - "". - . I' I R. J. MARZELLA & ASSOCIATES, P.C. BY: Jan S. Barnett, Esqnire Pennsylvania Supreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire , Pennsylvania Supreme Court I.D. No. 66856 I 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strope, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTlON - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs : DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. arid F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants JURY TRlAL DEMANDED NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. l~~,,,,,..~ "'I~ ., , -0"- I" ,-, . , - - ji9~~m ~ _ II , ) I 'I I I Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la nontificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su p esona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted pueda perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMAND!. A UN ABODAGO INMEDlA T AMENTA. SI NO IIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENIE DE P AGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA LFICINA CUY A DlRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERlGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 Respectfully submitted, R. J. Marzella & Associates, P.c. Dated: rr/IY (d-O&D -, ~!l!l,.,.--~ R. J. MARZELLA & ASSOCIATES, P.c. BY: Jan S. Barnett, Esquire Pennsylvania Supreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs : DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED COMPLAINT Parties to the Action 1. Plaintiffs Barbara O. Strupe and James G. Strupe, Jr., husband and wife. are adult individuals, sui juris, residing at 16 Campbell Place, Camp Hill, Pennsylvania 170 II. 2. Defendant George E. Edwards, M.D., is a physician duly licensed to practice medicine in the Commonwealth of Pennsylvania, with a residence address of 117 Westover Drive, New Cumberland, Pennsylvania 17070. 3. Defendant Family Physician Associates, Inc. ("FP A"), is a healthcare facility duly organized and existing under the laws of the Commonwealth of Pennsylvania. I: ,. - ~ with a principle place of business at 1900 Bridge Street, New Cumberland, Pennsylvania 17070. Summary of the Causes of Action 4. On November 10, 1998, Dr. Edwards was employed by Defendant FP A as a family physician. 5. On November 10, 1998, Plaintiff Barbara Strupe was a patient of Defendant George E. Edwards, M.D., and had been a patient of FP A for approximately ten years. 6. Over the previous approximate ten years, Defendant Dr. Edwards had provided gynecological care to Plaintiff Barbara Strupe, including pelvic and breast exams 7. On November 10, 1998, Mrs. Strupe had an appointment with Dr. Edwards for complaints related to a sinus infection. 8. Dr. Edwards' examination and treatment of Mrs. Strupe on November 10, 1998, occurred behind closed doors with no one else present besides Dr. Edwards and Mrs. Strupe. 9. Following Dr. Edwards' examination of Mrs. Strupe on November 10, 1998, he asked Mrs. Strupe for a "hug." 10. As a courtesy because of their longstanding professional relationship, Mrs. Strupe complied with Dr. Edwards' request for a "hug." 11. While Dr. Edwards was "hugging" Mrs. Strupe, he reached out and grabbed her breast, squeezing it several times before Mrs. Strupe was able to pull away from him. 1,",--- "." ,'~1 -, ,- , ~ , ~".- 12. Immediately before or during the time that he was squeezing Mrs. Strupe's breast, Dr. Edwards stated to her, "You are all mine," or something similar. 13. At the time of his conduct as described above, Dr. Edwards knew or should have known of Mrs. Strupe's fragile emotional state resulting from familial and/or financial stressors she had been experiencing. 14. . Dr. Edwards' conduct referenced in Paragraphs 9, II and 12 constitutes intentional conduct. 15. Dr. Edwards' conduct referenced in Paragraphs 9, 11 and 12 constitutes an assault and battery on the person of Mrs. Strupe. 16. At no time did Plaintiff Barbara Strupe consent to the offensive touching referenced above. 17. In the alternative to the allegations contained in the immediately preceding Paragraph, to the extent Mrs. Strupe consented to the "hug," the consent went no further and specifically did not excuse further offensive touching by Dr. Edwards, including his grabbing her breast. 18. As a result of his conduct on November 10, 1998, Dr. Edwards pleaded guilty to the charge of Indecent Assault as a result of criminal proceedings brought against him in Cumberland County, Docket No. 99-0193. (The transcript of the guilty plea is attached hereto as Exhibit A.) 19. As described more fully below, Defendant Dr. Edwards' conduct was reckless, wanton and intentional, warranting the award of punitive damages. Ifa, . . ',.f T j ,., 20. As described more fully below, Defendant FP A was negligent in its supervision and/or hiring of Dr. Edwards, and was negligent in supeD'ising other mernbers of its staff, who were available or should have been available to be present in rooms during examinations of female patients by male physicians. 21. Upon information and belief, Defendant FP A knew or had reason to know of Dr. Edwards' propensity to sexually batter its patients, and generally knew or had reason to know of the risk of male employees sexually battering its patients. 22. Also as described more fully below, Defendant FPA was negligent in not implementing policies and procedures, or enforcing those already in place, to prevent or curtail such offensive touching as that committed by Dr. Edwards. 23. As a direct and proximate result of the conduct of Defendants, as described above and in greater detail below, Plaintiff Barbara Strupe has suffered immediate and substantial physical and mental hann, including severe emotional distress, headaches, insomnia, tremors, anxiety and other psychological and emotional hann, requiring psychological counseling and other medical treatment--past present and future, for all of which damages are claimed. 24. As a direct and proximate result of the conduct of Defendants, as described above and in greater detail below, Plaintiffs have incurred medical expenses-past, present and future, for all of which damages are claimed. 25. As a direct and proximate result of the conduct of Defendants, as described above and in greater detail below, Mrs. Strupe has suffered lost earnings, a lost earning ~~.:<< ~II<A"" - -,-0. ,~~ capacity, embarrassment and humiliation, and lost enjoyment oflife, which losses may continue into the future, and for all of which damages are claimed. 26. The conduct of Defendants increased the risk and was a substantial factor in causing the injuries described to Plaintiffs. 27. The Defendants are jointly and severally liable for the harms, injuries, and damages sustained by the Plaintiffs. COUNT I BARBARA O. STRUPE vs. GEORGE E. EDWARDS. M.D. Assault 28. The allegations contained in Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 29. At the time of his conduct, Dr. Edwards knew or reasonably should have known that his conduct would put Mrs. Strupe in reasonable and immediate apprehension of a harmful or offensive contact with his body, and such apprehension was in fact caused. 30. The conduct of Dr. Edwards as described above was intentional and reckless, conducted in complete disregard of a risk of harm to Mrs. Strupe which he knew or should have known to be highly probable, and with a conscious indifference to the consequences. 31. As a direct and proximate result of Dr. Edward's conduct, Plaintiffs have suffered the injuries and harms described above in Paragraphs 23-25, for all of which damages are claimed. Ii..' ,. <. C',.~ ,. F.~' WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in I excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive i damages as well. COUNT II BARBARAO. STRUPE vs. GEORGE E. EDWARDS. M.D. Battery 32. The allegations contained in Paragraphs 1- 27 of Plaintiffs' Complaint are I i incorporated herein as if fully set forth. I 33. At the time of Dr. Edwards' conduct as described above, Defendant acted with an intent to cause a harmful or offensive contact with the body of Mrs. Strupe, and his I conduct in fact resulted in a harmful or offensive contact with the body of Mrs. Strupe. 34. In the alternative to the allegations contained in the immediately preceding I Paragraph, Dr. Edwards acted with an intent to put Mrs. Strupe in reasonable and i immediate apprehension of a harmful or offensive contact with his body, and his conduct in fact resulted in a harmful or offensive contact with the body of Mrs. Strupe. 35. The conduct of Dr. Edwards, and the harmful or offensive contact actually 36. As a direct and proximate result of the conduct of Defendant as described '. above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. :;8i.ji!~ ~ ~1"11 ~- - . '-", , - ,~ '" 37. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT III BARBARA O. STRUPE vs. GEORGE E. EDWARDS, M.D. Intentional Infliction of Emotional Distress 38. The allegations contained in Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 39. The conduct of Dr. Edwards, as described above, goes beyond all possible bounds of decency and is such as would be regarded as atrocious and utterly intolerable in a civilized community. 40. The conduct of Dr. Edwards, as described above, was extreme and outrageous, and intentionally or recklessly caused severe emotional distress, other highly unpleasant mental reactions, and immediate and substantial bodily harm resulting from severe emotional distress to Mrs. Strupe. 41. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. ~- -, --', "',,;- -,.., '" 42. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT IV BARBARA O. STRUPE vs. GEORGE E. EDWARDS, M.D. Negligent Infliction of Emotional Distress 43. The allegations contained in Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 44. As her family physician, Dr. Edwards had a fiduciary duty toward his patient, Barbara Strupe. 45. As described above, the conduct of Dr. Edwards caused Mrs. Strupe to suffer a physical impact. 46. At the time of Dr. Edwards' conduct as described above, Mrs. Strupe was in a zone of danger and at risk of an immediate physical and emotional injury. 47. As a direct and proximate result of Dr. Edward's conduct, Plaintiff Barbara Strupe indeed suffered immediate and substantial physical harm, as alleged above. 48. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. ~-~-~ ,-F -'",'-"'- 49. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. COUNT V JAMES G. STRUPE. JR. vs. GEORGE E. EDWARDS, M.D. Loss of Consortium 50. The allegations contained in Paragraphs 1-49 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 51. As a direct and proximate result of the conduct of the Defendant, George E. Edwards, M.D., as described above, Plaintiff James G. Strupe, Jr. has been deprived of the care, companionship and services of his wife, Barbara O. Strupe, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. COUNT VI BARBARA O. STRUPE vs. FAMILY PHYSICIAN ASSOCIATES. INC. Vicarious Liability 52. The allegations contained in Paragraphs 1-49 of Plaintiffs' Complaint are incorporated herein as if nllly set forth. ~" ,-,,~. -- ,.r 53. Dr. Edwards had long been employed by Defendant FPA and in that capacity acted as Mrs. Strupe's family physician, and had gained her trust and friendship in that connection. 54. Dr. Edwards' employment with FP A permitted him opportunities for personal and physical contact with Mrs. Strupe. 55. Dr. Edwards' close physical contact with Mrs. Strupe and other patients was not only necessary for the nature of his employment with FP A, but it was encouraged as well by FP A. 56. Whether expressly condoned or not by FP A, Dr. Edwards and other healthcare employees at the practice were encouraged or permitted to initiate friendly, close and personal contact with patients. 57. Such friendly, close and personal relationships between the healthcare employees, including Dr. Edwards, and patients ofFP A would facilitate the exchange of information between physician and patient, thus benefiting the physician-patient relationship. 58. The nature and scope of Dr. Edward's employment with FP A, thus included the cultivation of friendly, close and personal relationships with his patients. 59. Dr. Edwards' close physical contact with Mrs. Strupe and his sexual assault and battery of her thus may have been actuated by a purpose of serving his employer. 60. In the event Dr. Edwards' sexual assault and battery of Mrs. Strupe was actuated by a purpose of serving his employer, then FP A is vicariously liable for the ff:<. ~!" , .' ~, . . ,-,-,-~ - " ~ conduct of Dr. Edwards, which conduct occurred within the nature and scope of his employment with FP A, and the harm and damages caused to the Plaintiffs. 61. Furthermore, Dr. Edwards' conduct may have been foreseeable by FP A, by either its knowledge or reason to know of Dr. Edwards' propensity to sexually harass, assault or batter its patients. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of$25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT VII BARBARA O. STRUPE vs. F AMIL Y PHYSICIAN ASSOCIATES. INC. Negligence 62. The allegations contained in Paragraph 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 63. At the relevant times stated in this Complaint, Barbara Strupe was receiving medical care and treatment from F? A and Dr. Edwards, who was FP A's actual or ostensible agent, servant, and/or employee. 64. Upon information and belief, FP A knew or should have known of previous incidents of inappropriate sexual conduct or contact by Dr. Edwards with patients other than Barbara Strupe. !'l!il ~, --.'r:' ." u;_.",,_ . ~, - ~- ," 65. Upon information and belief previous incidents of inappropriate sexual conduct or contact by Dr. Edwards had been reported to or known of by employees and/or managerial staffofFPA. 66. Upon information and belief, Dr. Edwards and other male healthcare providers at FP A were permitted to see and/or examine female patients in their offices or in examination rooms without the presence of a third party, and were able to do so behind closed doors. 67. Upon information and belief, there was no policy in place at FP A to prevent conduct such as that engaged in by Dr. Edwards and as described above. 68. In the alternative to the allegations contained in the immediately preceding Paragraph of this Complaint, to the extent such a policy or program existed, it was not enforced or followed. 69. Defendant FP A had a duty to prevent harm to its patients such as that experienced by Barbara Strupe, and a duty to control and oversee its staff and employees to prevent conduct such as that committed by Dr. Edwards--detailed above, and was negligent in the following particulars: (a) failing to take appropriate steps to prevent additional incidents of sexual assault, battery, harassment or other sexually inappropriate conduct by Dr. Edwards when FP A knew or had reason to know of previous incidents involving such conduct by Dr. Edwards; (b) permitting Dr. Edwards to continue seeing patients, particularly female patients, on its premises when it knew or had reason to know of previous ~"!,,, ~ . -",',,,--- ,.-", - .,-' -, , incidents of sexual assault, battery, harassment or other sexually inappropriate conduct by Dr. Edwards; (c) failing to ensure the presence of a third party in the examination room or office when Dr. Edwards or other male healthcare providers were seeing female patients; (d) failing to ensure that the door to the examination room or office remained open or ajar while Dr. Edwards or other male healthcare providers were seeing female patients; (e) failing to have in place a policy or program addressing or prohibiting sexual harassment, assault and/or battery of patients; (f) failing to implement or enforce existing policies or programs designed or intended to prevent sexual assault, battery and/or harassment of patients at the hands of healthcare providers on its premises; (g) failing to adequately or appropriately inquire into or investigate Dr. Edward's history or background when he first applied for employment, which investigation or inquiry, upon information and belief, would have revealed a propensity for such conduct as described above; (h) in the alternative to the allegations contained in the immediately preceding subparagraph, hiring Dr. Edwards (or continuing his employment) when FPA knew or should have known of Dr. Edwards' propensity for such conduct as described above, which hiring (or continuation of employment) constitutes reckless conduct; and !RIL '" - ~,- , ,. '; I?' ,~~ I (i) failing to appropriately supervise and/or control its staff and employees to ensure that sexual harassment, assault or battery of its patients did not occur. 70. Dr. Edwards' reprehensible conduct occurred upon premises in possession of FP A, and upon which Dr. Edwards was privileged to enter only as its servant, and FP A knew or had reason to know of its ability to control its servant, and knew or should have known of the necessity and opportunity for exercising that control. 71. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. 72. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. 73. In light of its knowledge or reason to know of previous incidents of sexual assault, battery, harassment or other inappropriate sexual conduct of Dr. Edwards directed towards its patients, FP A's conduct described above was outrageous and its actions or failure to act were done with a reckless disregard for the welfare and safety of its patients, including Barbara Strupe. 74. In light of its knowledge or reason to know of previous incidents of sexual assault, battery, harassment or other inappropriate sexual conduct of Dr. Edwards directed towards its patients, Dr. Edwards' conduct alleged above was foreseeable to FP A. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in i~,~", _.,~ " ~ ". '1-- - - ~ excess of$25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as welL COUNT VIII BARBARA O. STRUPE vs. FAMILY PHYSICIAN ASSOCIATES, INC. Negligent Infliction of Emotional Distress 75. The allegations contained in Paragraphs 1-27,62-74 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 76. As the provider of her family healthcare needs, FP A had a special relationship with, and a fiduciary duty toward its patient, Barbara Strupe. 77. As described above, the conduct of FP A caused Mrs. Strupe to suffer a physical impact in the nature of the offensive touching committed by Dr. Edwards, resulting in immediate and significant physical and mental harm. 78. At the time ofFPA's conduct detailed above, Mrs. Strupe was in a zone of danger and at risk of an immediate physical and emotional injury. 79. As a direct and proximate result ofFPA's conduct, Plaintiff Barbara Strupe indeed suffered immediate and substantial physical harm, as alleged above. 80. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. 81. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. :WII"" ~"""'I~ r ", ?" WHEREFORE, Plaintiffs del11andjudgment against Defendant in an amount in excess of$25,000, exclusive of interest and costs thereon as allowed by law. COUNT IX JAMES G. STRUPE, JR. vs. FAMILY PHYSICIAN ASSOCIATES. INC. Loss of Consortium 82. The allegations contained in Paragraphs 1-27, 62-81 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 83. As a direct and proximate result of the conduct of the Defendant, FP A, as described above, Plaintiff James G. Strupe, Jr. has been deprived of the care, companionship and services of his wife, Barbara O. Strupe, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. Respectfully submitted, R. J. Marzella & Associates, P.C. By: R i tt ey Identification No. 66856 J S. Barnett, Esquire Attorney Identification No. 66122 Dated: ff It i.L !,.}-(l?)D {h ~ . ~ < .,,;~. __or EXHIBIT A ~1~ . .' " ,'-~; " " C,. " lj-l:>> 'er COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERUL~ COUNTY, PENNSYLVANIA v. 99-0193 CRIMINAL TERM CHARGE: INDECENT ASSAULT GEORGE E. EDWARDS OTN: F311442-5 AFFIANT: PTL. JOSEPH SPADACCINO IN RE: GUILTY PLEA & SENTENCING PROCEEDINGS Proceedings held before the HONORABLE KBVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, March 4, 1999, in Courtroom Number 4. APPEARANCES: MICHAEL SCHWOYER, Esquire Assistant District Attorney For the Commonwealth ANDREW DOWLING, Esquire For the Defendant II II 'I I I'," . WftJ 0.., 'WI", to! U I ,1 h) 6 t:.UVUI "~ . 1 MR. SCHWOY~R: Good afternoon, Your Honor. 2 MR. DOWLING: Good arternoon. 3 THE COURT:. Good afternoon. 4 MR. SCHWOYER: This case is Commonwealth 5 versus George E. Edwards, docketed in the Clerks office at 6 99-0193 Criminal Term. The defendant, George Edwards, is 7 charged with one count of Indecent Assault, a misdemeanor 8 of the second degree. That offense carrying a maximum term 9 of imprisonment of two years and a maximum fine of 10 $5,000.00. 11 It is my understanding here today in court, 12 Your Honor, the defendant intends to waive the filing of 13 criminal Informations in this case, waive formal 14 arraignment, enter a plea of guilty as charged < And the 15 defendant intends to waive a pre-sentence investigation 16 report and request immediate sentence. The Commonwealth 17 does not oppose any of that. 18 THE COURT: That is correct, Mr. Dowling? 19 MR. DOWLING: Yes, Your Honor. I understand 20 we have a plea for probation agreement. 21 THE COURT: Dr. Edwards, you are charged 22 with a count of Indecent Assault -- is that the 23 denomination of the offense? 24 MR. SCHWOYER: Yes, Your Honor. 25 THE COURT: As such you are presumed 2 I I L'ffl~ - 1 innocent of this charge. The burden of proving your guilt 2 is on the Commonwealth. They would have to establish your 3 guilt beyond a reasonable doubt at a proceeding at which 4 you could have this matter heard by a jury if you chose. 5 Do you understand that? E THE DEFENDANT: Yes. 7 THE COURT: You would be involved in the 8 selection of the jury to hear the case with the assistance 9 of your attorney. And after hearing all of the evidence 10 and anything that you had to say, if you chose to say it, 11 all twelve jurors would have to agree before they could 12 convict you. Do you understand that? 13 THE DEFENDANT: Yes. 14 THE COURT: The District Attorney will 15 shortly recite the facts of the case. Do you understand 16 that by entering this plea of guilty you are going to be 17 admitting the statements that he is about to make? Do you 18 understand that? 19 THE DEFENDANT: Yes, sir. 20 THE COURT: Go ahead, Mr. Schwoyer. 21 MR. SCHWOYER: Your Honor, the facts in 22 support of this plea are that on November the 10th, 1998, 23 Barbara Stroup was a patient of -- had an appointment with 24 her family physician, Dr. Edwards, in the Borough of New 25, Cumberland. Following that medical visit while fully I ,!&~,~, 3 .," ' , . , 1 clothed, the defendant was retiring, gave Ms. Stroup a hug. 2 Following that hug he touched her breasts, without her 3 consent, with his hand, for the purpose of his and/or her 4 sexual gratification. 5 THE COURT: Do you have any questions about 6 the nature of the admission in this case? 7 THE DEFENDANT: No, sir. 8 THE COURT: All right. What is the proposed 9 disposition? 10 MR. SCHWOYER: The proposed disposition, 11 Your Honor, is the District Attorney is recommending to the 12 Court that the Court impose a sentence in the standard 13 range. That will be a probationary sentence. The 14 Commonwealth is requesting that the Court consider imposing 15 a fine in this case. And the defendant and the 16 Commonwealth have agreed on a figure for restitution. The 17 defendant specifically does not acknowledge a causal 18 relationship between the finances that I will discuss to 19 the Court in a moment and the act. But by way of agreement 20 and resolving this matter here in court today the defendant 21 has agreed to pay a total of $2,580.40. $2,228.16 to Blue 22 Cross and Blue Shield, and $352.24 to Ms. Stroup. The Blue 23 Cross and Blue Shield amount represents approximately 24 one-half of bills that we have received to date. And 25 that's for reasons we discussed in chambers prior to coming 4 , i ~"'., ,. ~ " 1 into open court today. The 352.24 represent the victim's ;: share of medication up through today. And we agree that it 3 ends today. The $35.00 she paid for the doctor's visit the ,I day of the incident and $130.00 which she incurred as a ,- " result of having to find a new physician. 6 THE COURT: I didn't write down the number 7 to Blue Cross and Blue Shield, but I assume it is the El remainder of 2580.40 minus 352.24? 9 MR. SCHWOYER: That's correct. 10 THE COURT: Okay. 11 MR. SCHWOYER: Provided my math was correct. 1-, .. THE COURT: I am assuming. All right. Mr. 13 Dowling, anything you want to add? I should note that I 14 have read the correspondence from physicians John Stoner 1" ., and Raymond Grandon. I have seen some correspondence, much 16 of which was forwarded to the defendant on the occasion of 17 his retirement. And I have also read and carefully HI considered the letter authored by Barbara Stroup, dated 19 February 21st, 1999. Is there anything you want to add? 20 MR. DOWLING: Yes, Your Honor. Dr. Edwards 21 is seventy-six years old, born in Hummelstown, 2-' .. Pennsylvania, has lived here his whole life. He was in the 23 Navy from 1943 to 1985. Graduated from medical school in 24 1952. Interned at the Harrisburg Hospital. He has been in 2'- " private practice in New Cu~berland ever since. He is now 5 fl"llI! 1 fully retired. As of January 1 of '99 his license has 2 lapsed. In fact, right before his retirement he was still 3 treating the very first patient he did in 1954. 4 I have given the Court some cards and 5 letters attesting to his character. Concerning the 6 restitution issue, I think the District Attorney accurately 7 outlined our agreement. The other option, of course, would 8 be is to get the record to determine the causal 9 relationship. I don't think Dr. Edwards nor myself want to 10 put Barb Stroup through that. She has suffered emotional 11 trauma through a number of things that have happened to her 12 in the last year. So we are agreeing based on the 13 agreement that the DA outlined. 14 Dr. Edwards, would you like to address the 15 Court? 16 THE DEFENDANT: Yes, sir. Thank you for 17 this privilege, sir, to address the Court. I will be 18 brief. Mrs. Stroup has been a patient in our group 19 practice for approximately ten years. On her last visit to 20 see me my behavior was unbecoming. And I wish to apologize 21 with all my heart to her and hope she will forgive me. 22 My wife of forty-nine years, who is a very 23 quiet person, is completely aware of this incident. She is 24 equally embarrassed about the whole thing, but she stands 25 wholeheartedly behind me during this very emotional time in 6 i~!II~, ." ~- , ., "', . r-' 1. our marriage. 2 Again, Mrs. Stroup, I offer my sincere 3 apologies. I have thoroughly enjoyed my forty-five years 4 of general practice. I could have retired ten or twelve 5 years ago, but I loved patient relationship in taking care 6 of their physical and emotional ills. Thank you, sir. 7 THE COURT: All right. Anything further? 8 MR. DOWLING: No, Your Honor. 9 THE COURT: The plea is accepted and 10 recorded. Sentence of the Court is that the defendant pay 11 the costs of prosecution, undergo probation with 12 supervision for a period of twelve months, that he pay a 13 fine of $750.00 to the use of the County of Cumberland, and 14 that he make restitution in the amount of $2,580.40, 15 $352.24 of which shall be payable to the victim, and the 16 remainder to Blue Cross and Blue Shield. 17 Payment of restitution in this case shall 18 not constitute an admission with respect to the causal 19 relationship between the defendant's act and the amount of 20 financial harm inflicted the victim. 21 Upon the payment of all sums herein due, and 22 provided that the probation Office is otherwise satisfied 23 to do so, termination of probation supervision will be 24 authorized. 25 Anything else? 7 I~~...-", , '-" 7"'r_' 1 MR. SCHWOYICR: No, Your Honor. That's all. 2 THE COURT: I have a number of papers that 3 pertain to this case, perhaps you would like to make them 4 part of the file. 5 6 7 8 9 10 11 12 13 MR. SCHWOYER: Yes, sir. (End of proceedings) 14 15 16 17 18 19 20 21 22 23 24 25 8 r"l~~ ~.~ r-~ - - ,-- - CERTIFICATION I hereby cert~fy that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. /5/ , J Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date ~I Kevin A. Hess,J. Ninth Judicial District 9 ~.,. m " ~~ ',~ , , ,-, , - " - ~ '-'--'---'---~, COMMONWEALTH IN THE COURT OF COMMON PLEAS OF , , CUMBERLAND COUNTY, PENNSYLVANIA V 99-0193 CRIMINAL TERM CHARGE: INDECENT ASSAULT GEORGE E. EDWARDS OTN: F311442-5 AFFIANT: PTL. JOSEPH SPADACCINO IN RE: GUILTY PLEA & SENTENCING ORDER OF COURT AND NOW, this 4th day of March, 1999, the defendant, George E. Edwards, having appeared in open court together with private counsel, Andrew Dowling, Esquire, and tendered a plea of guilty, the plea of guilty is accepted and recorded, Sentence of the court is that the defendant pay the costs of prosecution, undergo probation with supervision for a period of twelve months, that he pay a fine of $750.00 to the use of the County of Cumberland, and that he make restitution in the amount of $2,580.40; $352.24 of which shall be payable to the victim, and the remainder to Blue Cross and Blue Shield. Payment of restitution in this case shall not constitute an admission with respect to the causal relationship between the defendant's act and the amount of financial harm inflicted the victim. Upon the payment of all sums herein due, and provided that the Probation Office is otherwise satisfied to do so, termination of probation supervision will be authorized. By the Court, K~VH1:~ ./ / / Wi;' 9 7 "lnnn. vU. \1 j,..J -LUUU ~I!L - ':- -.-., " , , h COMMONWEALTH V. GBORGE E. EDWARDS Michael Schwoyer, Esquire Assistant District Attorney Andrew Dowling, Esquire For the Defendant Probation Victim-Witness Office :bg FP, p,. - ,- ,_or CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copies of the foregoing document was served upon all counsel of record this d!!:...- day of OA'~ ' 2000, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter J. Curry, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor Post Office Box 999 Harrisburg, PA 17108 Counsellor Family Physician Associates. Inc. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, P A 17110-0950 Counselfor George E. Edwards, MD. R. J. MARZELLA & ASSOCIATES, P.c. r@;~ - , ".- '.' , <0.1 " r ' BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM Defendants : JURY TRIAL DEMANDED -~ g ~ .~ CI:) -; ", '1:t :::1::rJ ~~ m,.- en :"O..1'! -~9 !;i?O 6c i~ '1:t ......~ ,..) :x ;;\it! ~'f') - (sm .. =< 0 ~ C> -< vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT FILED BY DEFENDANT. GEORGE E. EDWARDS. M.D. AND NOW, comes Defendant, George E. Edwards, M.D., through his attorney, Mette, Evans and Woodside, and files this Answer With New Matter to Plaintiffs' Complaint based on the following: 1. Admitted. 2. Denied. It is admitted that Dr. Edwards resides at 117 Westover Drive, New Cumberland, PA 17070. The remaining averments are denied. In the Spring of 1998, Dr. Edwards was 76 years old and made a decision to fully retire from the practice of medicine effective December 31, 1998. On December 31, 1998 Dr. Edwards did in fact retire from the practice of medicine and thereafter never renewed or attempted to renew his license to practice medicine. 3. Admitted. ,~~~ -- ,-- ., , , SUMMARY OF CAUSES OF ACTION 4. Admitted. 5. Denied as stated. On November 10,1998 Plaintiff Barbara Strupe was a patient of Defendant, F.P.A. and was treated by Dr. Edwards. 6. Denied as stated. Over the previous approximately ten years, Defendant, Dr. Edwards, performed a pelvic and breast exam on Plaintiff, Barbara Strupe, on one occasion. Plaintiff, Barbara Strupe, over a ten year period was examined and treated by other physicians at Defendant, F.P.A. 7. Admitted. 8. Admitted. By way of further answer, Plaintiff Barbara Strupe remained fully clothed during the examination for a sinus infection. 9. Denied. Following Dr. Edwards' examination, Plaintiff, Barbara Strupe I 1'-1 H I ", I II ;,1 :cj i :~! , I' asked Defendant, Dr. Edwards, for a hug since he was retiring. 10. Denied. See response to Paragraph 9. 11, Denied as stated. After Plaintiff Barbara Strupe hugged Dr. Edwards, he put his hand on her breast while she was fully clothed placing his hand on the outside of her clothing and then removed his hand. It is denied that Defendant, Dr. Edwards squeezed her breast. 12. Denied. See response to NO.9. By way of further answer, Defendant, Dr. Edwards said "do you mind," to which Plaintiff, Barbara Strupe had no response. , , ~,"f_"""'" .>,- ,~ - .' [- -, - Ii I' 1.1 :I I' I" Ii ;'! ~i: ~;i Ii ~l I!i.,. ,; ~~ I".' " " I:., 'I II I II 'I r '!!I ~i: ~:' I:,'.'.' ::l I ~ii II r;: I' 1'1' ,:I ,': ~:i il I, ~j 1" ~I ~:I r-~ ~ 13. Denied. Defendant, Dr. Edwards, was aware that Plaintiff, Barbara Strupe's son was involved in a fight at a bar involving a knife and there were multiple jury trials and Plaintiff, Barbara Strupe was critical of the court system. 14. Denied. The averments in Paragraph 14 are legal conclusions to which no answer is required. 15. Denied. The averments in Paragraph 15 are legal conclusions to which no answer is required. 16. It is admitted that Plaintiff, Barbara Strupe, did not consent to Dr. Edwards placing his hand on her breast outside her clothing when she was fully dressed. 17. See response to Paragraph 16. By way of further answer, when Plaintiff Barbara Strupe requested a hug, Defendant, Dr. Edwards, consented. 18. Admitted. 19. Denied. The averments in Paragraph 19 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegation is denied. 20.-22. As these allegations are directed to Defendant, Family Practice Associates, Inc., no response is required by Defendant, George E. Edwards, M.D. 23.-25. Denied. After reasonable investigation, Defendant Dr. Edwards lacks knowledge or information sufficient to form a belief as to the truth of these averments; the averments are therefore denied and strict proof thereof is demanded at trial. By way of further answer, see New Matter at Paragraphs 91 (a)-(i). ," -~ . -~'- ",'. I ~ - I ! il " I. ~ I I I' i: I ~ :1 ~ ~ ~! " '1 i:~ I': II , " ii~ I' : L~ ~; 1;1, ~i' I'. Iii i.!1 "1 i:i' ill ill III ri ~! rij HI !';i ':I i" I,ll r!i Hi ill " li:l 'I iL I I': i:1 " iil I:: :.j I;:! :i'i r ~:' i i~ I::: ,,'. b" I;;' :'\F1lI, '"' 26.-27. Denied. The averments in Paragraph 26 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegations are denied. COUNT I BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. ASSAULT 28. Responses to Paragraphs 1 through 27 of Plaintiffs Complaint are incorporated herein by reference. 29.-31. The averments in Paragraphs 29 through 31 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT II BARBARA O. STRUPE v GEORGE E. EDWARD. M.D. BATTERY 32. The response to Paragraphs 1 through 27 of Plaintiffs Complaint are incorporated herein by reference. 33.-37. Denied. The averments in Paragraph 33 through 37 are legal conclusions to which no answer is required. If it deemed that an answer is required the --- - ,~'--,",,- -~ ~ " , i allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT III BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 38. Responses to Paragraphs 1 through 27 of the Plaintiffs Complaint are incorporated herein by reference. 39.-42. The averments in Paragraphs 39 through 42 are legal conclusions to which no answer is required. If it is deemed that an answer is required these allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT IV BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 43. The responses to Paragraph 1 through 27 of the Plaintiffs Complaint are incorporated herein by reference. 44.-49. Denied. The averments in Paragraphs 44 through 49 are legal conclusions to which no answer is required. If it is deemed that an answer is required :~ - '-" ~^ . " .,,-- . ., the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. COUNT V JAMES G. STRUPE. JR. v GEORGE E. EDWARDS, M.D. LOSS OF CONSORTIUM 50. Responses to Paragraphs 1 through 49 of Plaintiff's Complaint are incorporated herein by reference. 51. Denied. The averments in Paragraph 51 are legal conclusions to which no answer is required. If it is deemed that an answer is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Compiaint be dismissed with prejudice. COUNT VI BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES. INC. VICARIOUS LIABILITY 52.-61. As these averments are directed to a defendant other than George E. Edwards, M.D., no response is required. If it is deemed that a response is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. '~~~ " .,- - - .,> ",~ . , '-" ., , , i COUNT VII BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES, INC. NEGLIGENCE 62.-74. As these averments are directed to a defendant other than George E. Edwards, M.D. no response is required. If it is deemed that a response is required the I i I I I I, II j! ~,I ~' ~! II II II II I I , I I I , II II I allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT VIII BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES, INC. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 75.-81. As these averments are directed to a defendant other than George E. Edwards, M.D. no response is required. If it is deemed that a response is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment II ., I " I I t, I I i ~;: 1,1 Ii "I ~, 'I Iii ':, Ii J [il Ii i ~il Ii ~'i 1'! I' (i I f;i ~ , ~:: " I' 0'1 h H ~'J I' ! ;;~ in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT IX JAMES G. STRUPE, JR. v FAMILY PHYSICIAN ASSOCIATES. INC. LOSS OF CONSORTIUM 82.-83. As these averments are directed to a defendant other than George E. Edwards, M.D. no response is required. If it is deemed that a response is required the allegations are denied. ~ ,-, - .- . WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 84. The Complaint fails to state a cause of action upon which relief can be granted. 85. Count I of the Complaint fails to state a claim upon which relief can be granted. 86. Count II of the Complaint fails to state a claim upon which relief can be granted. 87. Count III of the Complaint fails to state a claim upon which relief can be granted. 88. Count IV of the Complaint fails to state a claim upon which relief can be granted. 89. Count V of the Complaint fails to state a claim upon which relief can be granted. 90. The Complaint fails to state a claim upon which relief can be granted for punitive damages. ~~~ . - -~ - " , ~-- r -^ 91. Any alleged acts or omission of Defendant, Dr. Edwards, were not a substantial cause or factor of the subject incident and/or did not result in the inuries and/or losses alleged by the Plaintiffs. 92. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Defendant, Dr. Edwards. 93. It is believed and therefore averred that some or all of the damages claimed by the Plaintiffs contained in Paragraphs 23,24,25 and 51 were the direct and proximate result of events and circumstances other than the conduct of Defendant, George E. Edwards, M.D., including but not limited to: (a) Plaintiff, Barbara Strupe, suffering from at least a 10 year history of anxiety and depression to which treatment has been ongoing. (b) Plaintiff, Barbara Strupe, being the victim of a knife attack by her (c) ,J (d) (e) ;1 (f) i: . i'l i-! Ii 'i 'I I II li !! I', -m9", son in 1991. Plaintiff, Barbara Strupe, suffering from long term abuse by her sons since 1989 and obtaining a Court Order in February,1999 barring Plaintiff Barbara Strupe's sons from her home. Plaintiff, Barbara Strupe, having financial problems. Plaintiff, Barbara Strupe, suffering from medical problems. Plaintiff, Barbara Strupe, sustaining physical abuse by her ex-husband .,., ,-.- - ~ ~ , -. -~ - ~, (g) Plaintiff, Barbara Strupe, experiencing severe stress at her place of employment. (h) Plaintiff, Barbara Strupe, having long term insomnia. (i) Plaintiff, Barbara Strupe, "feeling violated" by the media in 1997 and 1998 due to press coverage of three jury trials involving one of . her sons where her family was betrayed negatively concerning racial issues surrounding the trials. In addition, the Plaintiff, Barbara Strupe, has been living in fear since the trials began, feeling her family may be in danger. 94. Punitive damages are violative of the Due Process and Equal Protection clauses of the Fourteenth Amendment to the Constitution of the United States, Section 1983 of Title 42 of the United States Code and Article I, Sections 1, 6, 11 and 26 and Article V, Section 10(c) of the Pennsylvania Constitution. 95. Punitive damages constitute an unwarranted and unconstitutional injection of principles of criminal law into this civil action without the constitutional safeguards, inter alia, of the burden of proof beyond a reasonable doubt, freedom from double jeopardy, a defined standard for punishment and a limit thereto, and, by reason _r.",.~, _ ~ ~ ',..' _,_,.,U _,C.'_ I --~ of the foregoing, are an unconstitutional basis for the taking of Defendant's property without due process of law. Respectfully submitted, METTE, EVANS & WOODSIDE DATED: September;S' 2000 ----, ~.-- BY:~~ Andrew H. Dowling, Esquire Supreme Court 1.0. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. ~ ~, "", " - ~ .- '""', - ~ - ~ - VERIFICATION I, GEORGE E. EDWARDS, M.D., hereby acknowledge that I am one of the Defendants in this action; that I have read the foregoing document; and that the facts stated therein are true ,and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities. JJ.u"1-"-' e, ~~) f'~J GEORGE E. EDWARDS, M.D. DATED: _"flllll~"1!:_"""" --1- ",-,.,- .." 'm , - CERTIFICATE OF SERVICE AND NOW, this 15TH day of September, 2000, I hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Jan S. Barnett, Esquire 3513 North Front Street Harrisburg, PA 17110 Respectfully submitted, METTE, EVANS & WOODSIDE ------- ---.~_.~~. BY: ~::..----~ --- Andrew H. Dowling, Esquire Supreme Court 1.0. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. DATED: September / j 2000 'o:j._,~ '-" , t- ~ ,J 1 'TTE. EVANS a: WOODSID' A :PROFESSIONAL CORPORATION ATTORNEYS AT LAW . HOWELl, C. METTE ROBERT MOORE CHARLES B. ZWALLV PETER J., RESSLER LLOYD It. PERSUN CRAIG A. STONE JAMES A. DLSB DANIEL IL. SULLIVAN STEVEN:O. SNYDER JEFFREY A. ERMCO KATHRYN L. SIMPSON P. DANIEL ALTLAND ANDREW H. DOWLING MICHAEL D. REED PAULAJ. LEICHT GARY J. HElM DAVID A. FITZSIMONS GuvP. BENEVENTANO THOMAS F. SMlDA JOHN F. YANINEK* 8401 NORTH FRONT STREET P.O. BOX 5950 HARRisBURG. PA 17110-0950 TELEPHONE (717) 232-5000 FAX (71'1) 236-1816 VICKY ANNTRIMMER TIMOTHY A. HOY KATHLEEN DOYLE Y ANINEK JAMES M. STRONG JENNIJI'ERA. Y ANKANICH RANDALL G. HURST"" MARKD.HIw RONALD L. FINCK SCon C. SEUFERT OF COUNSEL JAMES W. EVANS IRS NO. 23-1985005 http://www.mette.com .~YLAND BAR January 29, 2003 Robin Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 RE: Barbara and James StruDe Y. Georae E. Edwards. M.D. and Family Physician Associates. I'nc. Cumberland County; No. 2000-2020 Dear Attorney Marzella: We are interested in securing selected medical and mental health records as well as employment records regarding Mrs. Strupe. To that end, enclosed please find 8' Notice of Intent to Subpoena records from Harrisburg Hospital, Patricia A. Reddy, M.D., Sharon R. Frankel, M.D., Abel Temps and Protection Service, Inc. If we do not receive a response to the Notice within the requisite time period, these subpoenas will be served. In addition, I have enclosed authorizations for the release of mental health records directed to Holy Spirit Hospital Community Mental Health Center; Holy Spirit Hospital Outpatient Mental Health, J. K. Moola, M.D., David G. Petkash,M.D., Cumberland/Perry Mental Health & Mental Retardation, The Stevens Mental Health Center, Crisis North, Carlisle Crisis c/o The Stevens Mental Health Center and Dennis Graybill. An authorization for the release of employment records directed to IBM Corporation is also enclosed. Please have Mrs. Strupe sign, date and have witnessed each Authorization. These fully executed Authorizations should be returned to my attention so that they can be forwarded to the appropriate health care practitioner or employer. i [i i ,. I !i ',-I ['! ~ ' !~~.,",....,...- ., ~,~ . ~,' "'~,-,- j January 29, 2003 Page 2 . Thank you in advance for your assistance in facilitating a prompt return of these fully executed Authorizations. Ipml Enclosures Sincerely, ~~---~- ANDREW H. DOWLING cc: Peter J. Curry, Esquire (w/enclosures) George E. Edwards (w/out enclosures) 3]6567 ~l'~ - .- > - - ~ . " I" . METTE. EVANS & WOODSIDE APROFEBSIONAL OO~RAT'lON ATTORNEYS AT LAW filE COpy ANDREW H. DOWLING, ESQ. * 8401 NORTH FRONT STREET Bo. BOX 5950 aA.RRISBURG. PA 17ll0-0950 DIREct DIAL: (717) 231-528S IRS NO. 23-1985005 .Certified Civil TrkIl Advocate by the National Board ofTrJa/ Advocacy E-MAIL ADDRESS Ahldowling@mette.com TBlLEPRONE ('n'1) 982-6000 "'AX (71.7) 286-1816 http://www.mette.com March 4, 2003 RobinJ. Marzella, Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 Re: Edwards:Strupe Claimant: Barbara Strope Cumberland County: Civil 00-2020 Dear Ms. Marzella: I I I, II II II " i,1 Ii, Ii 11 I' Ii " Ii [I Ii Ii Ii Ii , Ii l: I, r: Ii f! i ~~~'n"""H By letter dated January 29, 2003 I sent you a number of authorizations requesting your client's signature and return of the authorizations. These requests were referenced in paragraph 3 of the January 29,2003 letter, a copy of which is' enclosed. You have had these authorizations for a month. Please return the signed authorizations. Very truly yours, cc: George E. Edwards, M.D. Peter J. Curry, Esquire ~~-=-- ANDREW H. DOWLING + r"erN.-. (c tll~~g,.,WlIt' ~ ~111/0) AHD/cmb Enclosure < ~ - ,~ ~, - -" . ... CERTIFICATE OF SERVICE AND NOW, this d f" ~ day of April, 2003, I hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and I I ~i Ii !I II ~! I I: I: I Ii II I' I' ~i Ii 'I II \1 Ii II Ii II Ii Ii " Ii q I' ~: ~;, ~: ;- ~' h ~~ ~'OO Robin J. Marzella, Esquire Robin Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Respectfully submitted, METTE, EVANS & WOODSIDE DATED: 'I {f' ~ 7 324315 /2, /0-::> BY:~~~ Andrew H. Dowling, Esquire Supreme Court 1.0. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. - - -'J",~ 'c/_' <. '_"_':: 'J"_"___'" " ,_",. _.,~_',L' __ ~ ~,,' --- ""~ .. c_ """, - ~.<. r. " m,..,__~_" - ~~ -, .. . .>' . _->.." d.". 0 0 Q c .t."':J $: "'" .. """DO] '0 . rprr ::;0 '. " "'-::C' .;.==- Zl:;' r'0 --., . (;')~: CD ~"; C" ;<: " 1:} ~C -~., $C' f'J C "7 ~ r.- -, u' ...,~~I~~~JI_ ..' '''1'-'' _,.,,~:lI'Illl' BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. ~ '0 a ~; ~ ~;~~~ ;;?Q r ",) tc~ ~!-: C;,) -< ",,~" r:: CJ ."0 ~ C) __' cC) ..v-c DEFENDANT'S MOTION TO COMPEL Z ,oo PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 4001-1 ~ <.r'> Defendants : JURY TRIAL DEMANDED AND NOW, comes Defendant, George E. Edwards, M.D., by his attorneys, Mette, Evans and Woodside, and files this Motion to Compel pursuant to Cumberland County Local Rule 4001-1, based on the following: 1. The above captioned matter is a civil action brought by Piaintiff, Barbara Strupe and her husband against Dr. Edwards and his former practice as a result of improper touching during an examination of Barbara Strupe by Dr. Edwards, resulting in alleged emotional distress and other psychological damages to Plaintiff, Barbara Strupe. 2. As pled in the Complaint, Plaintiff, Barbara Strupe has put her mental, emotional and psychological health at issue. Complaint attached as Exhibit "A". Ii Ii 'I I, II II r i' " li,,,,", ,-c" ,', - ,~--,p '-. "-,-'--.-.-" , ' ,.. _or {.') o --[1 0".:0.' :~"-t!< 'J '" :JJ '-'J 0.' r', ~:3 iT! C';'] =< 3. In his Answer With New Matter, Dr. Edwards has questioned whether Plaintiff's alleged emotional, mental and psychological harm is related to his conduct or other circumstances in the Plaintiff's life, including Barbara Strupe suffering from a ten year history of anxiety and depression to which treatment has been ongoing; Plaintiff, Barbara Strupe being the victim of a knife attack by her son; Plaintiff, Barbara Strupe suffering other abuse by her sons, resulting in a Court Order protecting Plaintiff, Barbara Strupe from her sons; Plaintiff, Barbara Strupe suffering from financial problems and other physical/medical problems; Plaintiff, Barbara Strupe suffering from physical abuse by her ex-husband; Plaintiff, Barbara Strupe suffering severe stress at her place of employment and Plaintiff, Barbara Strupe feeling "violated" by the news media due to press coverage of jury trials involving her son, where her son and family were betrayed negatively concerning racial issues surrounding the trials. Defendant's Answer With New Matter attached as Exhibit "B", 4. Therefore, as contained in Plaintiff's Complaint and in Defendant Edwards Answer, clearly Plaintiff's emotional, mental and psychological health is at issue and the causation of such damages. 5. By letter dated January 29, 2003, Defendant Edwards sent Plaintiff authorization for release of mental health records directed to: (a) Holy Spirit Hospital Community Mental Health Center (b) Holy Spirit Hospital Out Patient Mental Health (c) J. K. Moola, M.D. (d) David G. Petkash, M.D. iN,,". ;' -,- "--"'!' ", '"m " (e) Cumberland/Perry Mental Health and Mental Retardation (f) Stevens Mental Health Center (g) Crisis North (h) Carlisle Crisis, clo Stevens Mental Health Center (i) Dennis Graybill January 29, 2003 correspondence attached hereto as Exhibit "C". An authorization was also sent for release of employment records directed to IBM Corporation. 6. By letter dated March 4, 2003, Defendant Edwards again requested Plaintiff provide signed authorizations. Correspondence attached as Exhibit "0". 7. Plaintiff failed to respond to the March 4,2003 correspondence. 8. ' Defendant Edwards through counsel attempted to again contact Plaintiffs attorney and did so by a telephone call on April 14, 2003 and left a message concerning the authorizations. The phone call was not returned. 9. Plaintiffs are represented by Robin J. Marzella, Esq. of R.J. Marzella & Associates, P.C., 3513 North Front St., Harrisburg, PA 17110. Defendant, George E. Edwards, M.D. is represented by Andrew H. Dowling, Esq. of Mette, Evans & Woodside, 3401 N. Front St., Harrisburg, Pa 17110. Defendant, Family Physicians Associates, Inc. i~ represented by Peter Curry, Esq. of Thomas, Thomas & Hafer, 305 N. Front St., Harrisburg, PA 17101. ,!1'j;,~~ ~ -,"'. , WHEREFORE, Defendant Edwards requests this Court to order Plaintiff to sign authorizations enumerated in Paragraph 5. Respectfully submitted, METTE, EVANS & WOODSIDE DATED: y ~ '" ~3 -,,,---''''"';j ~~ ~---="' -- BY: ~-;;--= Andrew H. Dowling, Esquire Supreme Court I.D. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. '''l!l'l .~ , I I " I' ,I I' ,I Ii , I [i R. J. MARZELLA & ASSOCIATES, P.c. ,I BY: Jan S. Barnett, Esquire I Pennsylvania Supreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire I Pennsylvania Supreme Court I.D. No. 66856 I 3513 North Front Street , Harrisburg, PA 17110 Telephone: (717) 234-7828 Fac.imile: (717) 234-6883 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTlON - LAW I ] BARBARA O. STRUPE and , JAMES G. STRUPE, JR., husband and wife, ; Plaintiffs , ! : DOCKET NO. 00-2020 Civil v. Ii " ii ;1 Ii 1! Ii !i tl " a ~ II !I II II I' 'I " t! i! I, II )J 11 n " 11 ;1 jl ,I " 11 'I' I ;'1 >1 !I " 'I Ii I GEORGE E. EDWARDS, M.D. and ! FAMILY PHYSICIAN ASSOCIATES, INC., I Defendants I ,I II I I JURY TRlAL DEMANDED NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. rfyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. .":JiM" - ~~: ."., _? Co, 1'- ., Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 II I II II , fi II II II I I f ! Ii ,I " [t ,I II ., Ii , I I i il !~ " n " II II ii u II II il II '" I II [~ 'I II !u [~ h " l~ ij II Ii tj II ~I !~ II II 'I II i1 , j i , I I Le han demandado a usted en la corte. Si usted guiere defenderse de estas I demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir , de la fecha de la demanda y la nontificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones a las demandas en contta de su p esona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted pueda perder dinero 0 sus propiedades 0 otros derechos importantes para usted. NOTICIA LLEVE ESTA DEMAND!, A UN ABODAGO lNMEDIATAMENTA. Sl NO TIENE ABOGADO 0 81 NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA LFICINA CUY A DIRECCION 8E ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE : PEUDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 Respectfully submitted, R. J. Marzella & Associates, P.c. Dated: Jilt( /ifmv 'p.;f_~_ ~'~~P'I, ,..",-"", " . ~ , ~ .., _C . ", " . ." " ^ 'I " II I R. J. MARZELLA & ASSOCIATES, P.C. , ,BY: Jan S. Barnett, Esquire , Pennsylvania Supreme Court I.D. No. 66122 BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No, 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs, Barbara O. Strupe and James G. Strupe, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs : DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and F AMIL Y PHYSICIAN ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED COMPLAINT Parties to the Action I. Plaintiffs Barbara O. Strupe and James G. Strupe, Jr., husband and wife, are adult individuals, sui juris, residing at 16 Campbell Place, Camp Hill, Pennsylvania 170 II. 2. Defendant George E. Edwards, M.D., is a physician duly licensed to practice medicine in the Commonwealth of Pennsylvania, with a residence address of 117 Westover Drive, New Cumberland, Pennsylvania 17070. 3. Defendant Family Physician Associates, Inc. ("FP A"), is a healthcare facility duly organized and existing under the laws of the Commonwealth of Pennsylvania, ii:~J~ "". ~ . " .--",. ~--- with a principle place of business at 1900 Bridge Street, New Cumberland, Pennsylvania 17070. Summary ofthe Causes of Action 4. On November 10, 1998, Dr. Edwards was employed by Defendant FP A as a family physician. 5. On November 10, 1998, Plaintiff Barbara Strupe was a patient of Defendant George E. Edwards, M.D., and had been a patient of FP A for approximately ten years. 6. Over the previous approximate ten years, Defendant Dr. Edwards had provided gynecological care to Plaintiff Barbara Strupe, including pelvic and breast exams 7; On November 10, 1998, Mrs. Strupe had an appointment with Dr. Edwards for complaints related to a sinus infection. 8. Dr. Edwards' examination and treatment of Mrs. Strupe on November 10, 1998, occurred behind closed doors with no one else present besides Dr. Edwards and Mrs. Strupe. 9. Following Dr. Edwards' examination of Mrs. Strupe on November 10, 1998, he asked Mrs. Strupe for a "hug." 10. As a courtesy because of their longstanding professional relationship, Mrs. Strupe complied with Dr. Edwards' request for a "hug." 11. While Dr. Edwards was "hugging" Mrs. Strupe, he reached out and grabbed her breast, squeezing it several times before Mrs. Strupe was able to pull away from him. ~~"""" L, -- -, "t ~ _ , 12. Immediately before or during the iime that he was squeezing Mrs. Strope's breast, Dr. Edwards stated to her, "You are all mine," or something similar. 13. At the time of his conduct as described above, Dr. Edwards knew or should have known of Mrs. Strupe' s fragile emotional state resulting from familial and/or financial stressors she had been experiencing. 14. Dr. Edwards' conduct referenced in Paragraphs 9,11 and 12 constitutes intentional conduct. 15. Dr. Edwards' conduct referenced in Paragraphs 9, 11 and 12 constitutes an assault and battery on the person of Mrs. Strupe. 16. At no time did Plaintiff Barbara Strupe consent to the offensive touching referenced above. 17. In the alternative to the allegations contained in the immediately preceding Paragraph, to the extent Mrs. Strupe consented to the "hug," the consent went no further and specifically did not excuse further offensive touching by Dr. Edwards, including his grabbing her breast. 18. As a result of his conduct on November 10, 1998, Dr. Edwards pleaded guilty to the charge of Indecent Assault as a result of criminal proceedings brought against him in Cumberland County, Docket No. 99-0193. (The transcript of the guilty plea is attached hereto as Exhibit A.) 19. As described more fully below, Defendant Dr. Edwards' conduct was reckless, wanton and intentional, warranting the award of punitive damages. - ',. ., -, ~~. ) 20. As described more fully below, Defendant FP A was negligent in its supervision and/or hiring of Dr. Edwards, and was negligent in superrising other members of its staff, who were available or should have been available to be present in rooms during examinations of female patients by male physicians. 21. Upon information and belief, Defendant FP A knew or had reason to know of Dr. Edwatds' propensity to sexually batter its patients; and generally knew or had reason to know of the risk of male employees sexually battering its patients. 22. Also as described more fully below, Defendant FP A was negligent in not implementing policies and procedures, or enforcing those already in place, to prevent or curtail such offensive touching as that conunitted by Dr. Edwards. 23. As a direct and proximate result of the conduct of Defendants, as described above and in greater detail below, Plaintiff Barbara Strupe has suffered inunediate and substantial physical and mental harm, including severe emotional distress, headaches; insomnia, tremors, anxiety and other psychological and emotional harm, requiring psychological counseling and other medical treatment--past present and future, for all of which damages are claimed. 24. As a direct and proximate result of the conduct of Defendants, as described ,above and in greater detail below, Plaintiffs have incurred medical expenses-past, present and future, for all of which damages are claimed. 25. As a direct and proximate result of the conduct of Defendants, as described above and in greater detail below, Mrs. Strupe has suffered lost earnings, a lost earning i-.~,,.... ~ ,~". ".~..,.^" '~"!111 ,'-'- '.-', c___ 1 _ 1-- . ' - ~ I capacity, embarrassment and humiliation, and lost enjoyment of life, which losses may continue into the future, and for all of which damages are claimed. 26. The conduct of Defendants increased the risk and was a substantial factor in causing the injuries described to Plaintiffs. 27. The Defendants are jointly and severally liable for the harms, injuries, and damages sustained by the Plaintiffs. COUNT I BARBARA O. STRUPE vs. GEORGE E. EDWARDS. M.D. Assault 28. The allegations contained in Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 29. At the time of his conduct, Dr. Edwards knew or reasonably should have known that his conduct would put Mrs. Strupe in reasonable and immediate apprehension of a harmful or offensive contact with his body, and such apprehension was in fact caused. 30. The conduct of Dr. Edwards as described above was intentional and reckless, conducted in complete disregard of a risk of harm to Mrs. Strupe which he knew or should have known to be highly probable, and with a conscious indifference to the consequences. 31. As a direct and proximate result of Dr. Edward's conduct, Plaintiffs have suffered the injuries and harms described above in Paragraphs 23-25, for all of which damages are claimed. i;~ 1I!Iij~! 1 ,v " ~ _ " " ,~,' c _'" "-,,-, .---,- , ',1 WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT II BARBARA O. STRUPE vs. GEORGE E. EDWARDS. M.D. Battery 32. The allegations contained in Paragraphs 1- 27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. '33. At the time of Dr. Edwards' conduct as described above, Defendant acted with an intent to cause a harmful or offensive contact with the body of Mrs. Strupe, and his conduct in fact resulted in a harmful or offensive contact with the body of Mrs. Strupe. 34. In the alternative to the allegations contained in the immediately preceding Paragraph, Dr. Edwards acted with an intent to put Mrs. Strupe in reasonable and immediate apprehension of a harmful or offensive contact with his body, and his conduct in fact resulted in a harmful or offensive contact with the body of Mrs. Strupe. 35. The conduct of Dr. Edwards, and the harmful or offensive contact actually resulting to the body of Mrs. Strupe, would offend a reasonable person's personal sense of dignity. 36. As a direct and proximate result of the conduct of Defendant as described ~ above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. ";ll,. "'"""!I'- -'-< " -~ 37. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT III BARBARA O. STRUPE vs. GEORGE E. EDWARDS. M.D. Intentional Infliction of Emotional Distress 38. The allegations contained in Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 39. The conduct of Dr. Edwards, as described above, goes beyond all possible bounds of decency and is such as would be regarded as atrocious and utterly intolerable in a civilized community. 40. The conduct of Dr. Edwards, as described above, was extreme and outrageous, and intentionally or recklessly caused severe emotional distress, other highly unpleasant mental reactions, and immediate and substantial bodily harm resulting from severe emotional distress to Mrs. Strupe. 41. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. H~"' ..., ~"~ " - .., - 42. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of$25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT IV BARBARA O. STRUPE vs. GEORGE E. EDWARDS. M.D. Negligent Infliction of Emotional Distress 43. The allegations contained ip Paragraphs 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 44. As her family physician, Dr. Edwards had a fiduciary duty toward his patient, Barbara Strupe. 45. As described above, the conduct of Dr. Edwards caused Mrs. Strupe to suffer a physical impact. 46. At the time of Dr. Edwards' conduct as described above, Mrs. Strupe was in a zone of danger and at risk of an immediate physical and emotional injury. 47. As a direct and proximate result of Dr. Edward's conduct, Plaintiff Barbara Strupe indeed suffered immediate and substantial physical harm, as alleged above. 48. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. I'i_ll~_ , ]"'''''''''~ I, 49. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. COUNT V JAMES G. STRUPE. JR. vs. GEORGE E. EDWARDS. M.D. Loss of Consortium 50. The allegations contained in Paragraphs 1-49 of Plaintiffs' Complaint are incorporated herein as if fully set furth. 51. As a direct and proximate result of the conduct of the Defendant, George E. Edwards, M.D., as described above, Plaintiff James G. Strupe, Jr. has been deprived of the care, companionship and services of his wife, Barbara O. Strupe, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. COUNT VI BARBARA O. STRUPE vs. FAMILY PHYSICIAN ASSOCIATES. INC. Vicarious Liability 52. The allegations contained in Paragraphs 1-49 of Plaintiffs' Complaint are incorporated herein as if fully set forth. . -" .-_.. .~__I . . . 53. Dr. Edwards had long been employed by Defendant FP A and in that capacity acted as Mrs. Strupe's family physician, and had gained her trust and friendship in that connection. 54. Dr. Edwards' employment with FP A permitted him opportunities for personal and physical contact with Mrs. Strupe. 55. Dr. Edwards' close physical contact with Mrs. Strupe and other patients was not only necessary for the nature of his employment with FP A, but it was encouraged as well by FP A. 56. Whether expressly condoned or not by FP A, Dr. Edwards and other healthcare employees at the practice were encouraged or permitted to initiate friendly, close and personal contact with patients. 57. Such friendly, close and personal relationships between the healthcare employees, including Dr. Edwards, and patients ofFP A would facilitate the exchange of information between physician and patient, thus benefiting the physician-patient relationship. 58. The nature and scope of Dr. Edward's employment with FP A, thus included the cultivation of friendly, close and personal relationships with his patients. 59. Dr. Edwards' close physical contact with Mrs. Strupe and his sexual assault and battery of her thus may have been actuated by a purpose of serving his employer. 60. In the event Dr. Edwards' sexual assault and battery of Mrs. Strupe was actuated by a purpose of serving his employer, then FP A is vicariously liable for the k~, , " "'. -' _ -0 -N_ '" :e-,y '"' "<('-- co" _. ,- . j._ -, ,"-," ~ I conduct of Dr. Edwards, which conduct occurred within the nature and scope of his employment with FP A, and the harm and damages caused to the Plaintiffs. 61. Furthermore, Dr. Edwards' conduct may have been foreseeable by FP A, by either its knowledge or reason to know of Dr. Edwards' propensity to sexually harass, assault or batter its patients. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000. exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT VII BARBARA O. STRUPE vs. FAMILY PHYSICIAN ASSOCIATES. INC. Negligence 62. The allegations contained in Paragraph 1-27 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 63. At the relevant times stated in this Complaint, Barbara Strupe was receiving medical care and treatment from F? A and Dr. Edwards, who was FP A's actual or ostensible agent, servant, and/or employee. 64. Upon information and belief, FP A knew or should have known of previous incidents of inappropriate sexual conduct or contact by Dr. Edwards with patients other than Barbara Strupe. ,~.,,'"' "~ """'"fI1 65. Upon information and belief, previous incidents of inappropriate sexual conduct or contact by Dr. Edwards had been reported to or known of by employees and/or managerial staff of FP A. 66. Upon information and belief, Dr. Edwards and other male healthcare providers at FP A were permitted to see and/or examine female patients in their offices or in examination rooms without the presence of a third party, and were able to do so behind closed doors. 67. Upon information and belief, there was no policy in place at FP A to prevent conduct such as that engaged in by Dr. Edwards and as described above. 68. In the alternative to the allegations contained in the immediately preceding Paragraph of this Complaint, to the extent such a policy or program existed, it was not enforced or followed. 69. Defendant FP A had a duty to prevent harm to its patients such as that experienced by Barbara Strupe, and a duty to control and oversee its staff and employees to prevent conduct such as that committed by Dr. Edwards--detailed above, and was negligent in the following particulars: (a) failing to take appropriate steps to prevent additional incidents of sexual assault, battery, harassment or other sexually inappropriate conduct by Dr. Edwards when FP A knew or had reason to know of previous incidents involving such conduct by Dr. Edwards; (b) permitting Dr. Edwards to continue seeing patients, particularly female patients, on its premises when it knew or had reason to know of previous ;#=,=~ , ~ incidents of sexual assault, battery, harassment or other sexually inappropriate conduct by Dr. Edwards; (c) failing to ensure the presence of a third party in the examination room or office when Dr. Edwards or other male healthcare providers were seeing female patients; (d) failing to ensure that the door to the examination room or office remained open or ajar while Dr. Edwards or other male healthcare providers were seeing female patients; (e) failing to have in place a policy or program addressing or prohibiting sexual harassment, assault and/or battery of patients; (f) failing to implement or enforce existing policies or programs designed or intended to prevent sexual assault, battery and/or harassment of patients at the hands of healthcare providers on its premises; (g) failing to adequately or appropriately inquire into or investigate Dr. Edward's history or background when he first applied for employment, which investigation or inquiry, upon information and belief, would have revealed a propensity for such conduct as described above; (h) in the altemative to the allegations contained in the immediately preceding subparagraph, hiring Dr. Edwards (or continuing his employment) when FP A knew or should have known of Dr. Edwards' propensity for such conduct as described above, which hiring (or continuation of employment) constitutes reckless conduct; and r~-,... ~ I , I l'I~~il II I (i) failing to appropriately supervise and/or control its staff and employees to ensure that sexual harassment, assault or battery of its patients did not occur. 70. Dr. Edwards' reprehensible conduct occurred upon premises in possession ofFPA, and upon which Dr. Edwards was privileged to enter only as its servant, and FPA knew or had reason to know of its ability to control its servant, and knew or should have known of the necessity and opportunity for exercising that controL 71. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. 72. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. 73. In light of its knowledge or reason to know of previous incidents of sexual assault, battery, harassment or other inappropriate sexual conduct of Dr. Edwards directed towards its patients, FP A's conduct described above was outrageous and its actions or failure to act were done with a reckless disregard for the welfare and safety of its patients, including Barbara Strupe. 74. In light of its knowledge or reason to know of previous incidents of sexual assault, battery, harassment or other inappropriate sexual conduct of Dr. Edwards directed towards its patients, Dr. Edwards' conduct alleged above was foreseeable to FP A. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in .... ) excess of$25,000, exclusive of interest and costs thereon as allowed by law, and punitive damages as well. COUNT VIII BARBARA O. STRUPE vs. FAMILY PHYSICIAN ASSOCIATES. INC. Negligent Infliction of Emotional Distress 75. The allegations contained in Paragraphs 1-27,62-74 of Plaintiffs' Complaint are incorporated herein as iffully set forth. 76. As the provider of her family healthcare needs, FPA had a special relationship with, and a fiduciary duty toward its patient, Barbara Strupe. 77. As described above, the conduct of FP A caused Mrs. Strupe to suffer a physical impact in the nature of the offensive touching committed by Dr. Edwards, resulting in immediate and significant physical and mental harm. 78. At the time ofFPA's conduct detailed above, Mrs. Strupe was in a zone of danger and at risk of an immediate physical and emotional injury. 79. As a direct and proximate result of FP A's conduct, Plaintiff Barbara Strope indeed suffered immediate and substantial physical harm, as alleged above. 80. As a direct and proximate result of the conduct of Defendant as described above, Plaintiffs have suffered the injuries and harms described in Paragraphs 23-25, for all of which damages are claimed. 81. The conduct of Defendant increased the risk and was a substantial factor in causing the injuries and harms resulting to Plaintiffs. ... ~ _. "'''"' . ..,,~ _"l' -" . " . . WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. COUNT IX JAMES G. STRUPE, JR. vs. FAMILY PHYSICIAN ASSOCIATES, INC. Loss of Consortium 82. The allegations contained in Paragraphs 1-27,62-81 of Plaintiffs' Complaint are incorporated herein as if fully set forth. 83. As a direct and proximate result of the conduct of the Defendant, FP A, as described above, Plaintiff James G. Strupe, Jr. has been deprived of the care, companionship and services of his wife, Barbara O. Strupe, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, exclusive of interest and costs thereon as allowed by law. Respectfully submitted, R. J. Marzella & Associates, P.C. By: R i tt ey Identification No. 66856 J S. Barnett, Esquire Attorney Identification No. 66122 Dated: R It "- !,-J-IJ7)D Ih ,,;ji. ~ ~.~ J~1Il ,"~ '. ."," I,,, ~, co, ~'C,_~'" ,~, , , .,,-, .0. EXIDBIT A ., - UM rr COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-0193 CRIMINAL TERM CHARGE: INDECENT ASSAULT GEORGE E. EDWARDS OTN: F311442-5 AFFIANT: PTL. JOSEPH SPADACCINO IN RE: GUILTY PLEA & SENTENCING PROCEEDINGS Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, March 4, 1999, in Courtroom Number 4. APPEARANCES: MICHAEL SCHWOYER, Esquire Assistant District Attorney For the Commonwealth ANDREW DOWLING, Esquire For the Defendant m~ 9 '7 'lIlM- Y'V't ,1 t.I 6 'UlW ~!, - 1 2 3 4 MR. SCHWOYER: Good afternoon, Your Honor. MR. DOWLING: Good afternoon. THE COURT: Good afternoon. MR. SCHWOYER: This case is Commonwealth 5 verSU$ George E. Edwards, docketed in the Clerks office at 6 99-0193 Criminal Term. The defendant, George Edwards, is 7 charged with one count of Indecent Assault, a misdemeanor 8 of the second degree. That offense carrying a maximum term 9 of imprisonment of two years and a maximum fine of 10 $5,000.00. 11 It is my understanding here today in court, 12 Your Bonor, the defendant intends to waive the filing of 13 criminal Informations in this case, waive formal 14 arraignment, enter a plea of guilty as charged. And the 15 defendant intends to waive a pre-sentence investigation 16 report and request immediate sentence. The Commonwealth 17 does not oppose any of that. 18 THE COURT: That is correct, Mr. Dowling? 19 MR. DOWLING: Yes, Your Honor. I understand 20 we have a plea for probation agreement. 21 THE COURT: Dr. Edwards, you are charged 22 with a count of Indecent Assault -- is that the 23 denomination of the offense? 24 MR. SCHWOYER: Yes, Your Honor. 25 THE COURT: As such you are presumed 2 !i!5l~,",~, ~ . . .". . ~ _0 1 2 3 4 5 6 7 8 9 10 I I 11 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 !~ _"' ,8 innocent of this charge. The burden of proving your guilt is on the Commonwealth. They would have to establish your guilt beyond a reasonable doubt at a proceeding at which you could have this matter heard by a jury if you chose. Do you understand that? THE DEFENDANT: Yes. THE COURT: You would be involved in the selection of the jury to hear the case with the assistance of your attorney. And after hearing all of the evidence and anything that you had to say, if you chose to say it, all twelve jurors would have to agree before they could convict you. Do you understand that? THE DEFENDANT: Yes. THE COURT: The District Attorney will shortly recite the facts of the case. Do you understand that by entering this plea of guilty you are going to be admitting the statements that he is about to make? Do you understand that? THE DEFENDANT: Yes, sir. THE COURT: Go ahead, Mr. Schwoyer. MR. SCHWOYER: Your Honor, the facts in support of this plea are that on November the 10th, 1998, Barbara Stroup was a patient of -- had an appointment with her family physician, Dr. Edwards, in the Borough of New Cumberland. Following that medical visit while fully 3 1 clothed, the defendant was retiring, gave Ms. Stroup a hug. 2 Following that hug he touched her breasts, without her 3 consent, with his hand, for the purpose of his and/or her 4 sexual gratification. 5 THE COURT: Do you have any questions about 6 the nature of the admission in this case? 7 THE DEFENDANT: No, sir. 8 THE COURT: All right. What is the proposed 9 disposition? 10 MR. SCHWOYER: The proposed disposition, 11 Your Honor, is the District Attorney is recommending to the 12 Court that the Court impose a sentence in the standard 13 range. That will be a probationary sentence. The 14 Commonwealth is requesting that the Court consider imposing 15 a fine in this case. And the defendant and the 16 Commonwealth have agreed on a figure for restitution. The 17 defendant specifically does not acknowledge a causal 18 relationship between the finances that I will discuss to 19 the Court in a moment and the act. But by way of agreement 20 and resolving this matter here in court today the defendant 21 has agreed to pay a total of $2,580.40. $2,228.16 to Blue 22 Cross and Blue Shield, and $352.24 to Ms. Stroup. The Blue 23 Cross and Blue Shield amount represents approximately 24 one-half of bills that we have received to date. And 25 that's for reasons we discussed in chambers prior to coming 4 I i , ;~~"'~ ~ - " , , ,,,,.". 1 into open court today. The 352.24 represent the victim's 2 share of medication up through today. And we agree that it :3 ends today. The $35.00 she paid for the doctor's visit the 4, day of the incident and $130.00 which she incurred as a :; result of having to find a new physician. 6 THE COURT: I didn't write down the number 7 to Blue Cross and Blue Shield, but I assume it is the e remainder of 2580.40 minus 352.24? 5' MR. SCHWOYER: That's correct. THE COURT: Okay. MR. SCHWOYER: Provided my math was correct. 10 11 12 THE COURT: I am assuming. All right. Mr. 13 Dowling, anything you want to add? I should note that I 14 have read the correspondence from physicians John Stoner 15 and Raymond Grandon. I have seen some correspondence, much 16 of which was forwarded to the defendant on the occasion of 17 his retirement. And I have also read and carefully 18 considered the letter authored by Barbara Stroup, dated 19 February 21st, 1999. Is there anything you want to add? 20 MR. DOWLING: Yes, Your Honor. Dr. Edwards 21 is seventy-six years old, born in Hummelstown, 22 Pennsylvania, has lived here his whole life. He was in the 23 Navy from 1943 to 1985. Graduated from medical school in 24 1952. Interned at the Harrisburg Hospital. He has been in 25 private practice in New Cumberland ever since. He is now 5 f:n.,... 0",' ,~ 1 -, - ,-~ ~ 1 fully retired. As of January 1 of '99 his license has 2 lapsed. In fact, right before his retirement he was still 3 treating the very first patient he did in 1954. 4 I have given the Court some cards and 5 letters attesting to his character. Concerning the 6 restitution issue, I think the District Attorney accurately 7 outlined our agreement. The other option, of course, would 8 be is to get the record to determine the causal 9 relationship. I don't think Dr. Edwards nor myself want to 10 put Barb Stroup through that. She has suffered emotional 11 trauma through a number of things that have happened to her 12 in the last year. So we are agreeing based on the 13 agreement that the DA outlined. 14 Dr. Edwards, would you like to address the 15 Court? 16 THE DEFENDANT: Yes, sir. Thank you for 17 this privilege, sir, to address the Court. I will be 18 brief. Mrs. Stroup has been a patient in our group 19 practice for approximately ten years. On her last visit to 20 see me my behavior was unbecoming. And I wish to apologize 21 with all my heart to her and hope she will forgive me. 22 My wife of forty-nine years, who is a very 23 quiet person, is completely aware of this incident. She is 24 equally embarrassed about the whole thing, but she stands 25 wholeheartedly behind me during this very emotional time in 6 ~ - .~. , .-, " , lour marriage. 2 Again, Mrs. Stroup, I offer my sincere 3 apologies. I have thoroughly enjoyed my forty-five years 4 of general practice. I could have retired ten or twelve 5 years ago, but I loved patient relationship in taking care 6 of their physical and emotional ills. Thank you, sir. 7 THE COURT: All right. Anything further? 8 MR. DOWLING: No, Your Honor. 9 THE COURT: The plea is accepted and 10 recorded. Sentence of the Court is that the defendant pay 11 the costs of prosecution, undergo probation with 12 supervision for a period of twelve months, that he pay a 13 fine of $750.00 to the use of the County of Cumberland, and 14 that he make restitution in the amount of $2,580.40, 15 $352.24 of which shall be payable to the victim, and the 16 remainder to Blue Cross and Blue Shield. 17 Payment of restitution in this case shall 18 not constitute an admission with respect to the causal 19 relationship between the defendant's act and the amount of 20 financial harm inflicted the victim. 21 Upon the payment of all sums herein due, and 22 provided that the probation Office is otherwise satisfied 23 to do so, termination of probation supervision will be 24 authorized. 25 Anything else? 7 r~IJl-" ~ ~"'l .~~ 1 MR. SCHWOYER: No, Your Honor. That's all. 2 THE COURT: I have a number of papers that 3 pertain to this case, perhaps you would like to make them 4 part of the file. 5 MR. SCHWOYER: Yes, sir. 6 (End of proceedings) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 ~"" -, .,-, - ." '."'. ~,. - - "'" , CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. /s/ , J Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date 9 ~, " COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V 99-0193 CRIMINAL TERM CHARGE: INDECENT ASSAULT GEORGE E. EDWARDS OTN: F311442-5 AFFIANT: PTL. JOSEPH SPADACCINO IN RE: GUILTY PLEA & SENTENCING ORDER OF COURT AND NOW, this 4th day of March, 1999, the defendant, George E. Edwards, having appeared in open court together with private counsel, Andrew Dowling, Esquire, and tendered a plea of guilty, the plea of guilty is accepted and recorded, Sentence of the court is that the defendant pay the costs of prosecution, undergo probation with supervision for a period of twelve months, that he pay a fine of $750.00 to the use of the County of Cumberland, and that he make restitution in the amount of $2,580.40; $352.24 of which shall be payable to the victim, and the remainder to Blue Cross and Blue Shield. Payment of restitution in this case shall not constitute an admission with respect to the causal relationship between the defendant's act and the amount of financial harm inflicted the victim. Upon the payment of all sums herein due, and provided that the Probation Office is otherwise satisfied to do so, termination of probation supervision will be authorized. By the Court, KtiH1::i? / /'. / inli\~ '? 7 "lnnn VUl" i...J -LUUU :~ "~ - ""') COMMONWEALTH ~. GeORGE E. EDWARDS Michael Schwoyer, Esquire A$sistant District Attorney Andrew. Dowling, Esquire For the Defendant Probation Victim-Witness Office :bg f~ij,~ - .,-,- " j "' y CERTIFICATE OF SERVICE The undersigned HEREBY CERTIFIES that true and correct copies of the foregoing document was served upon all counsel of record this ~ day of OA'~' 2000, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter 1. Curry, Esquire THOMAS, THOMAS & HAFER., LLP 305 North Front Street Sixth Floor Post Office Box 999 Harrisburg, P A 17108 Counsel for Family Physician Associates, Inc. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, P A 17110-0950 Counselfor George E. Edwards, MD. R. 1. MARZELLA & ASSOCIATES, P.C. By: !~~ .' .--'- , , ,~ . , BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs , ~ g ~ jfJJ ~ ~! !~ : ~" c C.I'l, -; :r n'i:n .- ::-'tJ-T!'l J!;!9 ''''6 ~~ "",.0 urn ~ -<: GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT FILED BY DEFENDANT. GEORGE E. EDWARDS. M.D. AND NOW, comes Defendant, George E. Edwards, M.D., through his attorney, Mette, Evans and Woodside, and files this Answer With New Matter to Plaintiffs' Complaint based on the following: 1. Admitted. 2. Denied. It is admitted that Dr. Edwards resides at 117 Westover Drive, New Cumberland, PA 17070. The remaining averments are denied. In the Spring of 1998, Dr. Edwards was 76 years old and made a decision to fully retire from the practice of medicine effective December 31, 1998. On December 31, 1998 Dr. Edwards did in fact retire from the practice of medicine and thereafter never renewed or attempted to renew his license to practice medicine. 3. Admitted. ~~ , -~ "-. SUMMARY OF CAUSES OF ACTION 4. Admitted. 5. Denied as stated. On November 10, 1998 Plaintiff Barbara Strups was a patient of Defendant, F.PA and was treated by Dr. Edwards. 6. Denied as stated. Over the previous approximately ten years, Defendant, Dr. Edwards, performed a pelvic and breast exam on Plaintiff, Barbara Strupe, on one occasion. Plaintiff, Barbara Strupe, over a ten year period was examined and treated by other physicians at Defendant, F.P.A. 7. Admitted. 8. Admitted. By way of further answer, Plaintiff Barbara Strupe remained fully clothed during the examination for a sinus infection. 9. Denied. Following Dr. Edwards' examination, Plaintiff, Barbara Strupe asked Defendant, Dr. Edwards, for a hug since he was retiring. 10. Denied. See response to Paragraph 9. 11. Denied as stated. After Plaintiff Barbara Strupe hugged Dr. Edwards, he put his hand on her breast while she was fully clothed placing his hand on the outside of her clothing and then removed his hand. It is denied that Defendant, Dr. Edwards squeezed her breast. 12. Denied. See response to No.9. By way of further answer, Defendant, Dr. Edwards said "do you mind," to which Plaintiff, Barbara Strupe had no response. ~~,~ " ," '1' . ,,, ~ - - ~ ",~, - ,- ,L" 13. Denied. Defendant, Dr. Edwards, was aware that Plaintiff, Barbara Strupe's son was involved in a fight at a bar involving a knife and there were multiple jury trials and Plaintiff, Barbara Strupe was critical of the court system. 14. Denied. The averments in Paragraph 14 are legal conclusions to which no answer is required. 15. Denied. The averments in Paragraph 15 are legal conclusions to which no answer is required. 16. It is admitted that Plaintiff, Barbara Strupe, did not consent to Dr. Edwards placing his hand on her breast outside her clothing when she was fully dressed. 17. See response to Paragraph 16. By way of further answer; when Plaintiff Barbara Strupe requested a hug, Defendant, Dr. Edwards, consented. 18. Admitted. 19. Denied. The averments in Paragraph 19 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegation is denied. 20.-22. As these allegations are directed to Defendant, Family Practice Associates, Inc., no response is required by Defendant, George E. Edwards, M.D. 23.-25. Denied. After reasonable investigation, Defendant Dr. Edwards lacks knowledge or information sufficient to form a belief as to the truth of these averments; the averments are therefore denied and strict proof thereof is demanded at trial. By way of further answer, see New Matter at Paragraphs 91(a)-(i). ~"'"'"' - - ~ - ,~ -",,- "-"1-. ., .-, L .. . , 26.-27. Denied. The averments in Paragraph 26 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegations are denied. COUNT I BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. ASSAULT 28. Responses to Paragraphs 1 through 27 of Plaintiffs Complaint are incorporated herein by reference. 29.-31. The averments in Paragraphs 29 through 31 are legal conclusions to which no answer is required. If it is deemed that an answer is required, the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT \I BARBARA O. STRUPE v GEORGE E. EDWARD. M.D. BATTERY 32. The response to Paragraphs 1 through 27 of Plaintiffs Complaint are incorporated herein by reference. 33.-37. Denied. The averments in Paragraph 33 through 37 are legal conclusions to which no answer is required. If it deemed that an answer is required the Pi! - ., , -- < ~ ) , . allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT III BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 38. Responses to Paragraphs 1 through 27 of the Plaintiffs Complaint are incorporated herein by reference. 39.-42. The averments in Paragraphs 39 through 42 are legal conclusions to which no answer is required. If it is deemed that an answer is required these allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT IV BARBARA O. STRUPE v GEORGE E. EDWARDS. M.D. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 43. The responses to Paragraph 1 through 27 of the Plaintiffs Complaint are incorporated herein by reference. 44.-49. Denied. The averments in Paragraphs 44 through 49 are legal conclusions to which no answer is required. If it is deemed that an answer is required , !Itf!~ ~~, .. " ","O"f' , I the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT V JAMES G. STRUPE. JR. v GEORGE E. EDWARDS. M.D. LOSS OF CONSORTIUM 50. Responses to Paragraphs 1 through 49 of Plaintiffs Complaint are incorporated herein by reference. 51. Denied. The averments in Paragraph 51 are legal conclusions to which no answer is required. If it is deemed that an answer is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. COUNT VI BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES. INC. VICARIOUS LIABILITY 52.-61. As these averments are directed to a defendant other than George E. Edwards, M.D., no response is required. If it is deemed that a response is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiffs Complaint be dismissed with prejudice. h1!!l\1,~ - ,., " ~ " I ) COUNT VII BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES. INC. NEGLIGENCE 62.-74. As these averments are directed to a defendant other than George E. Edwards, MD. no response is required. If it is deemed that a response is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. COUNT VIII BARBARA O. STRUPE v FAMILY PHYSICIAN ASSOCIATES. INC. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 75.-81. As these averments are directed to a defendant other than George E. Edwards, M.D. no response is required. If it is deemed that a response is required the allegations are denied. WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. COUNT IX JAMES G. STRUPE. JR. v FAMILY PHYSICIAN ASSOCIATES. INC. LOSS OF CONSORTIUM 82.-83. As these averments are directed to a defendant other than George E. Edwards, M.D. no response is required. If it is deemed that a response is required the allegations are denied. ~~." . "~ H" . ", . 0 . -' .-" " - ., , ' WHEREFORE, Defendant, George E. Edwards, M.D. requests judgment in his favor against Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. NEW MA TIER 84. The Complaint fails to state a cause of action upon which relief can be granted. 85. Count I of the Complaint fails to state a claim upon which relief can be granted. 86. Count II of the Complaint fails to state a claim upon which relief can be granted. 87. Count III of the Complaint fails to state a claim upon which relief can be . granted. 88. Count IV of the Complaint fails to state a claim upon which relief can be granted. 89. Count V of the Complaint fails to state a claim upon which relief can be granted. 90. The Complaint fails to state a claim upon which relief can be granted for punitive damages. '<<I!l,,. -, ~<=,-'~ . . , ' 91, Any alleged acts or omission of Defendant, Dr. Edwards, were not a substantial cause or factor of the subject incident and/or did not result in the inuries and/or losses alleged by the Plaintiffs. 92. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Defendant, Dr. Edwards. 93. It is believed and therefore averred that some or all of the damages claimed by the Plaintiffs contained in Paragraphs 23, 24, 25 and 51 were the direct and proximate result of events and circumstances other than the conduct of Defendant, George E. Edwards, M.D., including but not limited to: (a) Plaintiff, Barbara Strupe, suffering from at least a 10 year history of anxiety and depression to which treatment has been ongoing. (b) Plaintiff, Barbara Strupe, being the victim of a knife attack by her son in 1991. (c) Plaintiff, Barbara Strupe, suffering from long term abuse by her sons since 1989 and obtaining a Court Order in February,1999 barring Plaintiff Barbara Strupe's sons from her home. (d) Plaintiff, Barbara Strupe, having financial problems. (e) Plaintiff, Barbara Strupe, suffering from medical problems. (f) Plaintiff, Barbara Strupe, sustaining physical abuse by her ex-husband ~" -,--" < " '-" ~ , . , ~ ,n" . . \ J (g) Plaintiff, Barbara Strupe, experiencing severe stress at her place of employment. (h) Plaintiff, Barbara Strupe, having long term insomnia. (i) Plaintiff, Barbara Strupe, "feeling violated" by the media in 1997 and 1998 due to press coverage of three jury trials involving one of her sons where her family was betrayed negatively concerning racial issues surrounding the trials. In addition, the Plaintiff, Barbara Strupe, has been living in fear since the trials began, feeling her family may be in danger. 94. Punitive damages are violative of the Due Process and Equal Protection clauses of the Fourteenth Amendment to the Constitution of the United States, Section 1983 of Title 42 of the United States Code and Article I, Sections 1,6, 11 and 26 and Article V, Section 10(c) of the Pennsylvania Constitution. 95. Punitive damages constitute an unwarranted and unconstitutional injection of principles of criminal law into this civil action without the constitutional safeguards, inter alia, of the burden of proof beyond a reasonable doubt, freedom from double jeopardy, a defined standard for punishment and a limit thereto, and, by reason I~ - ~_T- ",- ", n,< '.,- , . of the foregoing, are an unconstitutional basis for the taking of Defendant's property without due process of law. Respectfully submitted, METTE, EVANS & WOODSIDE DATED: September IS" 2000 BY:~~ Andrew H. Dowling, Esquire Supreme Court I.D. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. -~~~ . c -." ~ <--. -"" M~_ ~ _ VERIFICATION I, GEORGE E. EDWARDS, M.D., hereby acknowledge that I am one of the Defendants in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa C.S. Section 4904, relating to unsworn falsification to authorities. ~ [:., ~"'~)~? GEORGE E. EDWARDS, M.D. DATED: !~-~. . ~ ,- , " . CERTIFICATE OF SERVICE AND NOW, this 15TH day of September, 2000, I hereby certify that I am serving a copy of the foregoing document upon the person( s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Jan S. Barnett, Esquire 3513 North Front Street Harrisburg, PA 17110 Respectfully submitted, METTE, EVANS & WOODSIDE ---..-- -.- BY: ~--- -- Andrew H. Dowling, Esquire Supreme Court J.D. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. _. DATED: September / j 2000 1.,,.,,,- .- '( ~, ~, " . , . . . 1 'TTE. EVANS .81: WOODSID' A PROFEsSIONAL CORPORATION ATTORNEYS AT LAW HOWELL C. METTE ROBER" MOORE C.HARLI~ B. ZWALLY nTER Jr, RESSLER LJ:,.OYD Jlt PERSlfl\I C:fWG A. STONE JAMES A. DLSB D;\NlEL L SULLIVAN StEVEN D. SNYDER JIFlI'REY A. ERNICO KATHRYN L. SIMl'SON P. DANIEL ALTLAND ANDREW H. DOWUNG MICHAEL D. REED PAULAJ.LEJCBT GARY J.IIEIM DAVID A. FITzsIMONS GUVP.BENEVENTANO THOMAS F. SMIDA JOHN F. Y ANINEK* 3401 NORTH FRONT STREET P.O. BOX: 5950 HARRiSBURG. PA 17ll0.0950 TElLlIIPHONE ('117> 282-5000 FAX (717) 236-].8].6 VICKY ANNTmMMER TIMOTHY A. HOY KATHLEEN DOYLE Y ANINEK JAMES M. STRONG JENNIFER A. VANKANICR RANDALL-G. HURST*' MARKD.1lJpp RONALD 1... FINCK SCOn C. SEUFERT 011' COUNSEL JAMES W. EVANS IRS NO. 23-1985005 http://www.mette.com *]dARYLAND BAR January 29, 2003 Robin Marzella, Esquire 3513 North Front Street Harrisburg, PA 17110 RE: Barbara and James Struoe Y. Georae E. Edwards. M.D. and Family Physician Associates. Inc. Cumberland County; No. 2000-2020 Dear Attorney Marzella: We are interested in securing selected medical and mental health records as well as employment records regarding Mrs. Strupe. To that end, enclosed please find a. Notice of Intent to Subpoena records from Harrisburg Hospital, Patricia A. Reddy, M.D., Sharon R. Frankel, M.D., Abel Temps and Protection Service, Inc. If we do not receive a response to the Notice within the requisite time period, these subpoenas will be served. In addition, I have enclosed authorizations for the rei ease of mental health. records directed to Holy Spirit Hospital Community Mental Health Center; Holy Spirit Hospital Outpatient Mental Health, J. K. Moola, M.D., David G. Petkash,.M.D., Cumberland/Perry Mental Health & Mental Retardation, The Stevens Mental Health Center, Crisis North, Carlisle Crisis c/o The Stevens Mental Health Center and Dennis Graybill. An authorization for the release of employment records directed to IBM Corporation is also enclosed. Please have Mrs. Strupe sign, date and have witnessed each Authorization. These fully executed Authorizations should be returned to my attention so that they can be forwarded to the appropriate health care practitioner or employer. '~,= --"-"-- ~ , ~ January 29, 2003 Page 2 Thank you in advance for your assistance in facilitating a prompt return of these fully executed Authorizations. Sincerely, _.~ ~~- --- ~- ANDREW H. DOWLING Ipml Enclosures cc: Peter J. Curry, Esquire (w/encIOsUres) . George' E. Edwards (w/out enclosures) 316567 Ii"" ' - .cO,"'" ..' . , , . ) METTE. EVANS &: WOODSIDE APROnlElSIONAL OO~N ATTORNEYS AT LAW filE COpy ANDREW H. DOWLING, ESQ. * 8401 NORTH FRONT STREET ':P.O. BOX 5950 'R' A. 'go'J;OTR.BURG. PA 11711.0-0950 DIREct DIAL: (711) 231.0288 IRS NO. 18-1985005 fttCerttfied Civil Trial Athocote by the National B()(lrc/ ofTrJo./ Advocacy ]g..MAIL ADnlWlS Ahdo.,,-ling@mette.eom ,TJlILEPBONBI ('TJ.7) 282-0000 F.AX (71.7) 286-1816 http://www.mette.oom March 4, 2003 RobinJ. Marzella, Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 Re: Edwards:Strupe C1RimRnt: Barbara Strupe Cumberland County: Civil 00-2020 Dear Ms. Marzella: By letter dated January 29, 2003 I sent you a number of authorizations requesting your client's signature and return of the authorizations. These r~quests Were referenced in paragraph 3 of the January 29,2003 letter, a copy of which is: enclosed. You have had these authorizations for a month. Please return the signed authorizations. Very truly yours, cc: George E. Edwards, M.D. Peter J. Curry, Esquire ~--=- ANDREW H. DOWLING + r{..~ (o.lll~6IfrIWlltI ~ ~I'I/O) AHD/cmb Enclosure I'" .-. .,~~ '-. '_~''''-1- ., ,''', . , . CERTIFICATE OF SERVICE AND NOW, this d f" UL day of April, 2003, I hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Peter J. Curry, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 and Robin J. Marzella, Esquire Robin Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Respectfully submitted, METTE, EVANS & WOODSIDE DATED: ;t ~p (J 324315 /;2. !o-::; BY:~~~ Andrew H. Dowling, Esquire Supreme Court I.D. #39692 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Attorneys for Defendant, George E. Edwards, M.D. 1'~,,- ~""~ .', _n__. , .-, -.- - ". APR 2 9 Z003 ~ BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVil TERM vs GEORGE E. EDWARDS. M.D. and FAMilY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the Defendant's Motion to Compel; IT IS THEREBY ORDERED AND DECREED that Plaintiff be directed to sign authorizations as provided to by counsel for Defendant, Edwards for the following health care facilities: 1. Holy Spirit Hospital Community Mental Health Center 2. Holy Spirit Hospital Out Patient Mental Health 3. J. K. Moola, M.D. 4. David G. Petkash, M.D. 5. Cumberland/Perry Mental Health and Mental Retardation 6. Stevens Mental Health Center 7. Crisis North 8. Carlisle Crisis, c/o Stevens Mental Health Center 9. Dennis Graybill; and 10. Employment records of IBM By the Court: J. f~"," -. , -, .'- APR 2 9 2003 ~ BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the Defendant's Motion to Compel; IT IS THEREBY ORDERED AND DECREED that Plaintiff be directed to sign authorizations as provided to by counsel for Defendant, Edwards for the fOllowing health care facilities: 1. Holy Spirit Hospital Community Mental Health Center 2. Holy Spirit Hospital Out Patient Mental Health 3. J. K. Moola, M.D. 4. David G. Petkash, M.D. 5. Cumberland/Perry Mental Health and Mental Retardation 6. Stevens Mental Health Center 7. Crisis North 8. Carlisle Crisis, c/o Stevens Mental Health Center 9. Dennis Graybill; and 10. Employment records of IBM By the Court: J. -tjl!"~. . . "___ - r." __ , - .- ." APR 2 9 Z003 ~ BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the Defendant's Motion to Compel; IT IS THEREBY ORDERED AND DECREED that Plaintiff be directed to sign authorizations as provided to by counsel for Defendant, Edwards for the following health care facilities: 1. Holy Spirit Hospital Community Mental Health Center 2. Holy Spirit Hospital Out Patient Mental Health 3. J. K. Moola, M.D. 4. David G. Petkash, M.D. 5. Cumberland/Perry Mental Health and Mental Retardation 6. Stevens Mental Health Center 7. Crisis North 8. Carlisle Crisis, c/o Stevens Mental Health Center 9. Dennis Graybill; and 10. Employment records of IBM By the Court: J. :=-_..," ",,-, ,,' >""- '" APR 2 9 2003 V BARBARA O. STRUPE and JAMES G. STRUPE. JR.. HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2003. upon consideration of the Defendant's Motion to Compel; IT IS THEREBY ORDERED AND DECREED that Plaintiff be directed to sign authorizations as provided to by counsel for Defendant, Edwards for the following health care facilities: 1. Holy Spirit Hospital Community Mental Health Center 2. Holy Spirit Hospital Out Patient Mental Health 3. J. K. Moola. M.D. 4. David G. Petkash. M.D. 5. Cumberland/Perry Mental Health and Mental Retardation 6. Stevens Mental Health Center 7. Crisis North 8. Carlisle Crisis. clo Stevens Mental Health Center 9. Dennis Graybill; and 10. Employment records of IBM By the Court: J. '!Wi.". ,-- ,.n. , ,_,,'_',' ,~ APR 2 9 Z003 r BARBARA O. STRUPE and JAMES G. STRUPE, JR., HUSBAND AND WIFE Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-2020 CIVIL TERM vs GEORGE E. EDWARDS. M.D. and FAMILY PHYSICIAN ASSOCIATES, INC. Defendants : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the Defendant's Motion to Compel; IT IS THEREBY ORDERED AND DECREED that Plaintiff be directed to sign authorizations as provided to by counsel for Defendant, Edwards for the following health care facilities: 1. Holy Spirit Hospital Community Mental Health Center 2. Holy Spirit Hospital Out Patient Mental Health 3. J. K. Moola, M.D. 4. David G. Petkash, M.D. 5. Cumberland/Perry Mental Health and Mental Retardation 6. Stevens Mental Health Center 7. Crisis North 8. Carlisle Crisis, c/o Stevens Mental Health Center 9. Dennis Graybill; and 10. Employment records of IBM By the Court: J. f~_ . '".,,~, ,.,,~ ,-- . .." BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-2020 CIVIL CIVIL ACTION - LAW GEORGE E. EDWARDS, M.D., and FAMILY PHYSICIAN ASSOCIATES, INC., Defendant JURY TRIAL DEMANDED IN RE: MOTION FOR PROTECTIVE ORDER OF THE BOROUGH OF NEW CUMBERLAND ORDER AND NOW, this 5S day of June, 2003, it is ordered that the Borough of New Cumberland shall release the requested discovery sought by Andrew H. Dowling, Esquire, in accordance with the subpoena dated January 30, 2003, subject to reasonable copying charges incurred by the Borough of New Cumberland. The Borough of New Cumberland, its agents and employees shall be held harmless from any liability associated with producing the documents requested and all documents obtained by such subpoena shall only be used by defendants and plaintiffs for purposes of the above-referenced litigation without further leave of court. The material sought in the subject subpoena shall be released not less than forty-five (45) days from the date of this order. Counsel for the plaintiffs is granted leave, not more than thirty (30) days from the date of this order, to review the material proposed to be released by the Borough Police Department and, within ten (10) days of such review, may lodge with the court, for its immediate action, a motion to quash all or part of the subpoena which is the subject matter of this order. In the event that counsel for the plaintiffs fails to contact the New Cumberland 'M- - , 0-, '--'- ,- - .('. " I \, , I II !~ 111 '."1' " ~; ~; !~ II I~ t~1 !.~.' il "'..1 ,} , 1(1 'l, ViN\-fIllASNN3d I ! 1\ln.("-, r,\'\':'-!:1'::lI~,jn''"' tUlI>-.},_ ' ",.....';..Ij j,.,) ~ (; :OII.~V ':: - imr ro ii " " '~ ^bVU:J;\~::":-:_:..~.::.;'<.': ~'! E dO j'''J.r ""-J~" ,i'.-I,H!- '-"-'1 _ _l.~_.... "._ 1... :\ " (! II . ,,""" '1"",IJ'Il'~~~"':lQlIIIl!!lilll!liJl\f.JJ./_~ ...... . . .. Borough Solicitor to arrange for the aforementioned review of the records within thirty (30) days hereof, the plaintiffs shall be deemed to have waived their right to conduct a review and the Borough shall release said information after forty-five (45) days as above ordered. BY THE COURT, t.~in J. Marzella, Esquire For the Plaintiffs .~drew H. Dowling, Esquire Peter 1. Curry, Esquire For the Defendants l~drew C. Sheely, Esquire For the Borough of New Cumberland ./J;J- ? ~~~ 6~~ o J., ~() :rlm ,/ Pe.te..,. .:J. c.u.RO' ~SZ. ;m:![iL.",~".~~":.",_ ~ 'ro--"T '., ,l!iIIl"',."....~ ... " R. J. MARZELLA & ASSOCIATES,P.C. BY: Robin J. Marzella, Esquire Pennsylvania Snpreme Conrt I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs, Barbara O. Strope and James G. Strope, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA O. STRUPE and JAMES G. STRUPE, JR., husband and wife, Plaintiffs : DOCKET NO. 00-2020 Civil v. GEORGE E. EDWARDS, M.D. and FAMILY PHYSICIAN ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO SETILE AND DISCONTINUE TO THE PROTHONOTARY: Please mark Cumberland County Civil Action 00-2020 SETILED and DISCONTINUED. Respectfully submitted, R. J. Marzella & Associates, P.C. .....------------ Dated:J)btL. t ella, ire . . l~ Attorney en lfication No. 66856 ,,,'<-..-< ., , ' .... .. , CERTIFICATE OF SERVICE I, Tammy McNamee, hereby certify that true and correct copies of the foregoing document was served upon all counsel of record this 10th day of March, 2006, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Peter J. Curry, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Sixth Floor Post Office Box 999 Harrisburg, P A 17108 Counsel for Family Physician Associates, Inc. Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, P A 17110-0950 Counsel for George E. Edwards, MD. R.J. MARZELLA & ASSOCIATES, P.C. By: Tammy McNamee -' .. 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