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Cherokee 4x4, with Pennsylvania Registration Number BKA 7105, which was owned by her.
6. At all times material hereto, Plaintitl: John Paluscio, Jr., was a passcnger in the
1992 Jeep Cherokec 4x4, being driven by Brcnda Paluscio.
7. At all times material hereto, Defendant, John B. Ordille, was operating a 1995
Oldsmobile Cutlass Supreme with New Jersey Registrntion Number BU4364.
8. At all material time hcreto, Defendant, Evelyn Ordille, was the owncr of the 1995
Oldsmobile Cutlass Supreme bcing driven by John Ordille.
9. On or about September 21, 1997, Plaintitl Brcnda Paluscio, was traveling
northbound on South Market Street, when she lawlillly proceeded through the intersection of
South Market Street and West Lisburn Road in Cumberland County, Pennsylvania.
10. On or about thc same time, Defendant, John Ordille, was traveling westbound on
West Lisburn Road approaching the intersection of South Market Street and West Lisburn Road,
when he suddenly and without warning, fhiled to stop at the posted stop sign on West Lisburn
Road and violcntly struck the side ofPlaintitl's vehicle, which was lawtully procceding through
the intersection.
II. As a direct and proximate result of the negligence of the Defendant, John Ordille,
PlaintitTs, Brenda and John Paluscio sustaincd extensive and serious injuries that required medical
treatment shortly after the collision and lead to substantial impairment of bodily function and
permanent disfigurement.
12. Before the date of the above-mcntioned collision, Plaintifl's Brenda and John
Paluscio, elected limited tort option under their motor vehiclc insurance policy issucd by
Progressive Northern Insurance. However, since the Defendant was driving a motor vehicle
2
registered in another state, New Jersey, I'laintills lire entitled to recover as if they had elected a
full tort option in accordance with 75 Pa. C.S.A. * 1705 (d)( I )(ii).
13. Plaintill's Brcnda und John Palusclo elected the limited tort option enumerated in
the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 I'll. C.S.A. * 1705 (a) (I), et
seq., as amended. However, pursuant to Act 6 of the Pennsylvania Motor Vehicle Financial
Responsibility Law, 75 Pa. C.S.A. * 1701, et seq, as amended, Plaintiffs are entitled to seek
damages as though they had elected the lull tort alternative due to the fact that they sustained
serious bodily injuries as a result of the collision described herein.
14. Plaintitl: Brenda Paluscio's serious injuries, which she sustained as a result ofthr.
automobile collision described herein, include, but are not limited to, a 4 cm. laceration on the
right side of her chin, cervical strain requiring soil cervical collar to be worn, chest discomfort,
aches in neck, upper back, and uppcr arms, intcnsc pain in Icft knee, sorc and clicking lell jaw
(possible TMJ), and a chipped tooth, # 13. Plaintill: John Paluscio' s ser:olls injuries, which he
sustained as a result of the automobile collision described herein, include, but arc not limited to,
one hundred (100) stitches over his t:lce, a laceration penetrating the artcry located above his
right eye, lacerations to the lell hand and wrist, knce contusion and strain, and severe cervical
spine pain
15. The occllrrence of the aforcsaid collision and the resultant injuries to Plaintill's
were caused directly and proximately by the negligence of the Defendants, more specifically as set
forth below:
3
COlJNTI
Brenda Pnluscio v. ,Johu Ordille
16. Parngrupho 1-15 are incorporated herein as if set for at length.
17. The occurrence of the aforcsaid collision nnd the resultant injuries to Plaintiff:
Brenda Paluscio, were caused dircctly and proximately by the negligence of Defendant, more
specifically as set forth below:
a) In failing to keep a reasonable lookout for vehicles lawtlllly
proceeding through the intersection of South Market Street
and West Lisburn Road;
b) In failing to be rcasonably vigilant to observe Plaintill's vehicle;
c) In failing to operate the vehicle in such a manner so that he could apply his
brakes to avoid striking Plaintifl's vehicle;
d) In failing to obey the stop sign at the intersection of West Lisburn Road
and South Market Street, in violation 01'75 Po. C.SA * 3321;
e) In failing to properly lInd adequately observe the traffic conditions then and
there existing;
t) In failing to bring his vehicle to a stop at the stop sign at the intersection of
West Lisburn Road and South Market Street, in violating 75 Pa. C.S.A.
*3321;
g) In failing to exercise the duty of due care as required by 75 Pa. C.SA *
3321.
18. As a direct and proximate result of the collision, and Defendant John Ordille's
4
negligence and reckless operation of his uutomobile, PlailltiH; Brenda Paluscio sustained severe
bodily injuries which include, but are not limited to, u 4 cm. laccration ollthc right side of her
chin, cervical strain requiring a soH cervical collar to be worn, chest discomtort, aches ill upper
back and upper arms, intense pain inleH knce, sore and clicking leU jaw (possible TMJ), and a
chipped tooth, # 13.
19. As a direct and proximate result of thc negligencc (lfthe Defendant, John Ordille,
the Plaintiff, Brenda Paluscio, has been, and will in the thture, be hindcred from performing the
duties required by her usual occupation and Irom attending to her daily duties and chores, to her
great loss, humiliation, and embarrassmcnt.
20. As a result of the Defendant's negligencc, the Plaintill'has sutli~red great physical
pain, discomfort, mental anguish, and substantial impairment of bodily tlmction and permanent
distigurement, and will continuc to endurc the same for an indefinite period of time in the future,
to her great physical, emotional, and tinancial detriment and loss.
21. As a result of the negligence of the Defendant, the Plaintill' has been compelled, in
order to effect a cure for aforesaid injuries, to expend large sums of moncy lor medicine and
medical attention. Plaintill' continues to receive treatment and incur expenses of said injuries, and
will likely continue to do so in the future, to her great detriment and loss
22. As a result of the negligence of the Defendant, the Plaintill' has sutTered a loss of
life's pleasures and she will continue to sutler thc same in thc future, to her great detriment and
loss.
23 Plaintiff Brenda Paluscio, believes and, therefore, avers that her injuries are
serious, if not permanent, in nature
5
WHEREFORE, Plaintill: Brenda I'uluscio, sceks damages from the Detimdanl, John
Ordille, in an amount in excess oftwenty-!ivc thousand dolhu's ($25,000.00),
COl1NT II
John p"lnsdo v. ,John Ordille
24. Paragraphs 1-23 are incorporated hercin as if set forth at length.
25, As a direct and proximate result of the conduct of the Defendant, John Ordille,
Plaintill: John Paluscio, has sull'ered a loss of consortium, society, and comtbrt from his wife,
Plaintiff, Brenda Paluscio.
WHEREFORE, Plaintifl'1ohn Paluscio, seeks damages trom Defendant, John Ordille in
an amount in exccss of twenty-five thousand dollars ($25,000,00),
COllNT III
John I'alnscio v, ,John Ordille
26. Paragraphs 1-25 are incorporated herein as if set for lit length.
27. The occurrence of the atoresaid collision and the resultant injuries to Plaintiff,
John Paluscio, were caused directly and proximately by the negligence of Defendant, more
specifir.ally as set forth below:
a) In failing to kecp a reusonllble lookout for vehicles lawfully
proceeding through the intersection of South Murke\ Street
and West Lisburn Road,
b) In failing to be reasonably vigilant to observe PllIinlitl's vehicle;
(,
c) In fuiling to opcrnte the vehicle in such Ill11llnner so thllt he could lIpply his
brnkes 101lvoid striking Plaintill's vehicle;
d) In tailing to obey the stop sign lit the intersection of West Lisburn Road
and South Market Street, in violation 01'75 I'll, C.S,A. 93321;
e) II) failing to properly and adequlltely observe the trall1c conditions then and
there existing;
t) In tailing to bring his vehicle to a stop at the stop ,~ign at the intersection of
West Lisburn Road and South Market Street, in violating 75 Pa. C.SA 9
3321;
g) In failing to exercise the duty of due care as required by 75 Pa, C.SA 9
3321.
28. As a direct and proximate result of the collision and Defendant John Ordille's
negligence and reckless operation of his autol11obile, Plaintitl' John Paluscio sustained severe
bodily injuries which include, but are not limited to, a laceration penetrating the artery located
above his right eye, one hundred (100) stitches over his face, lacerations to his left hand and wrist,
knee contusion and strain, and severe cervical spine pain.
29. As a direct and proximate result of the negligence of the Defendant, John Ordille,
the Plaintiff, John Paluscio, has been, and will in the future, be hindered from performing the
duties required by his usual occupation and from attending to his daily duties and chores, to his
great loss, humiliation, and embarrassment.
30. As a result of the Defendant's negligence, the Plaintill' has suffered great physical
7
pain, discomfort, mentul unguish, und substuntiul impuirmcnt of bodily Ilmclion und permunent
disligurement, and will continue to endure the same tbr un indelinite period of time in the fUlurc,
to his great physical, emotional, IInd linancial detriment and loss.
31. As a result of the negligence of the Defendant, thc Plaintill' has been compelled, in
order to etlect a cure for aforesnid injuries, to expend large stuns of money for medicine and
medical attention. Plaintiff continues to receivc treutment lInd incur expense~ of said injuries, and
will likely continue to do so in the lllture, to his great detriment and loss.
32. As a result of the negligence of the Detendant, the Plaintill' has sullered n loss of
life's pleasures and he will continue to sutler the same in the tl1ture, to his great detriment and
loss.
33. Plaintiff John PlIluscio, believes and, therefore, avers that his injuries are serious, if
not permanent, in nature.
WHEREFORE, Plaintiff, John Pnluscio, seeks damages from the Defendant, John
Ordille, in an amount in excess oftwenty-tive thousand dollars ($25,000.00)
COlJNTIV
Brenda Paluscio v. John O~
34. Paragraphs 1-33 are incC\rporated herein as if set torth at length.
35. As a direct and proximate result of the conduct of the Detendaut, John Ordille,
Plaintitl: Brenda Paluscio, has sutlered a loss of consortium, society, and comtlJl't from her
husband, Plaintiff, John Paluscio.
8
WUEREI10RE, I'laintitl'Drcnda I'aluscio, seeks damages Irom Defendant, John Ordille
in an amount in excess oftwcnty-tive thousand dolhlrs ($25,000.00).
COUNT V
Brenda I'aluscio v, F.velvn Ordille
36. Paragraphs 1-35 are incorporated herein as if sct torth at length
37. Defendant, Evelyn Ordille was the owner of the 1995 Oldsmobile Cutlass
Supreme, which Defendant, John Ordille, was operating with her permission at the time of the
collision.
38. Defendant, John Ordille, was operating the 1995 Oldsmobile Cutlass Supreme at
Defendant, Evelyn Ordillc's, direction and for her benetit.
39. Defendant, Evelyn Ordille, knew or should have known that Defendant, John
Ordille, would be operating their vehicle without reasonable care and safety.
40. As a direct and proximate result of the negligence of Defendant Evelyn Ordille.
Plaintiff, Brenda Paluscio, has sufl'ered serious bodily injury as set forth in full herein.
41. The occurrcnce oflhe aforesaid collision and the resultant injuries to the Plaintifl'
were caused directly and proximately by the negligence of ~he Defendant, Evelyn Ordille, more
specifically set forth below:
a) In negligently entrusting her vehicle to Defendant, John Ordille;
b) In allowing Defendant John Ordille to fail to keep a
reasonable lookout for vehicles lawfully proceeding through
the intersection of South Market Street and West Usburn
<)
Road;
c) In allowing Delimdant John Ordille to filii to be reasonably vigilant to
observe Plaintitl's vehicle;
d) In allowing Defendant John Ordille 10 tilil to operate the vehiclc in such 1\
manner as lhat hc could apply his brakes 10 avoid striking the Plaintill's
vehiclc;
e) In allowing Detimdant John Ordille to tl,i1to obey the stop sign at the
intersection of West Lisburn Road and South Market Street, in violation of
75 Pa. C.8A ~ 3321;
f) In allowing Defendant John Ordille to fail to properly and adequatcly
observe the tratlic conditions then and there existing; and
g) In allowing Defendant John Ordille to tail to exercise the duty of care as
required by 75 Pa. C.SA ~ 3321.
42. As a direct and proximatc result of the negligence of the Defendant, Evelyn
Ordille, the Plaintiff, Brenda Paluscio, has been, and will in the future, be hindered from
I"
I
I
performing the duties requ;red by her usual occupation and from attending to her daily duties and
chores, to her great loss, humiliation, and embarrassment.
43. As a result of the Defendant's negligence, the Plaintitl'has sutl'ered great physical
pain, discomfort, mental anguish, and substantial impairment of bodily function and permanent
disfigurement, and will continue to endurc the same for an indetlnite period of time in the future,
to her great physical, emotional, and tlnancial detriment and loss.
44. As a result of the negligence of the Defendant, the Plaintiff has been compelled, in
10
order to clfect a cure tor aforcsaid injuries, to expcnd large sums of moncy for medicine and
medical attention. Plainlitl' continucs to receive trcutment und incur expcnscs of said injurics, und
willlikcly continue to do so in thc futurc, to hcr greut detrimcnt und loss.
45. As a result of the negligence of the Defcndant, the Plailllill'has sutlered a loss of
life's pleasures and she will continue to sutler the same in the tlllure, to her great detrimcnt and
loss.
46, I'laintitf Brenda Paluscio, believcs and, therefore, avers that her injuries are
serious, if not permunent, in nature.
WHEREFORE, Plaintitl: Brenda Paluscio, seeks damages from the Defendant, Evelyn
Ordille, in an amount in exccss oftwenty.tive thousand dollars ($25,000,00),
COUNT VI
.John Pall/sela v. Evelvn Ol'dille
47, Paragraphs 1-46 arc incorporatcd herein as if set forth at length.
48. As a direct and proximate result of the conduct of the Defendant, Evelyn Ordille,
Plaintill: John Paluscio, has sutlered a loss of consortium, society, and comfort from his wife,
Plaintilf, Brenda Paluscio,
WHEREFORE, Plaintitl'John Paluscio, seeks damages from Detendant, Evelyn Ordille in
an amount in excess of twenty-five thousand dollars ($25,000,00),
II
COUNT VII
.Iobn 1'lIlnscio v. Evelvn Ordille
49. Paragraphs 1-48 lire inCOrp\lrated herein liS if sct forth at length
50. Defendant, Evelyn Ontille was the owner of the 1995 Oldsmobile Cutlass
Supreme, which Defendant, John Ordille, was operating with her permission at the time of the
collision.
51. Defendant, John Ordille, was operating the 1995 Oldsmobile Cutlass Supreme at
Defendant, Evelyn Ordille's, direction and for her benefit.
52. Defendant, Evelyn Ordille, knew or should have known that Defendant, John
Ordille, would be operating their vehicle without reasonable care and safety.
53. As a direct and proximate result of the negligence of Defendant Evelyn Ordille,
Plaintiff, Jobn Paluscio, has suffered serious bodily injury as set forth in full herein
54. The occurrence of the atoresaid collision and the resultant injuries to the Plaintiff
were caused directly and proximately by the negligence of the Defendant, Evelyn Ordille, more
specifically set forth below:
55. The occummce of the aforesaid collision and thc resultant injuries to the Plaintiff
were caused dire"tly and proximately by the negligence of the Defendant, Evelyn Ordille, morc
specifically set forth below:
a) In negligently entrusting her vehicle to Defendant, John Ordille;
b) In allowing Defendant John Ordille to fail 10 keep a
reasonable lookout tor vehicles lawfully proceeding through
the intersection of South Market Street and West Lisburn
12
Roud;
c) In ullowing Defendant John Ordille to tuilto be reasonably vigilant to
observe Plaintifl's vehicle;
d) In allowing Defendant John Ordille to fail to operate the vehicle in such a
manner as that he could upply his brakes to avoid striking the Plaintitl's
vehicle;
e) In allowing Defendant John Ordille to fail to obey the stop sign at the
intersection ofWcst Lisburn Road and South Market Street, in violation of
75 Pa. C.SA !i 3321;
f) In allowing Defendant John Orclille to fail to properly and adequatcly
obscrve the tratlic conditions then and there cxisting; and
g) In allowing Defendant John Ordille to tuilto cxercisc the duty of carc as
required by 75 Pa. CSA !i 3321.
56. As a direct and proximatc result of the ncgligence of the Defendant, Evelyn
Ordille, the PlaintilT, John Paluscio, has becn, and will in thc thture, be hindered from performing
the duties required by his usual occupation and from attcnding to his daily duties IInd chores, to
his great loss, humiliation, and embarrllssmcnt.
57. As a result of the Defendant's ncgligence, the PlaintilThas sutlered grcat physical
pain, discomfort, mental anguish, and substantial impairment of bodily function and permanent
disfigurement, and will continue to endure the same for an indefinite period of timc in the future,
to his great physical, emotional, lInd financial detriment and loss.
13
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1997-06804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PALUSCIO BRENDA L ET AL
VS,
ORDILLE EVELYN M ET AL
R. ThQ1!!.!!jl Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn accordlng to law,
served the within named DEFENDANT. ORDILLE JOHN B
by United States Certified Mail postage prepaid. on the ~ day of
December --' ...1.997 . <It 1500:00 HOURS, at !.Q..'t S ORCHAfW STREET
GIBBSTOWN. NJ 08027
a true and attested copy of the attached _CO~PLAINT
The returned receipt card was signed by JOHN B. ORDILLE
on 12/13/1997.
-'
-'
Sheriff's Costs:
Docketing
Service
Affidavi t
Surcharge
CERTIFIED MAIL RI
So answers;
6.00
.00
2: ~~ l(, Ttlomas K'~ine'--~~~~lfl
3.52
erl.5~ HANDLER & WIENER
12/15/1997
Sworn an~8ub8crib~d to before me
this I to - day of ~....,.. L___
19 (j, A. D,
() ........U.~t~....... ~
"-M I'rothonotary I -
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aonl"lOU.
'MIch WI Ionn 10 th. front of the maUpllOe, Of on tI,- btidt It IPIQI datil not
I '=R.n.mR~ ~ecI.on the malfpllQt below".. .rtJcf. num/)e(.
tiI 'The "-urn "-'*pt iM. thew 10 whom IN ItddI WI' dflvtf'ld tnd the dat.
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f 3, Mc:l<t AddI'MMd to: -
Evelyn M. Ordille
109 South Orchard St.
Gibbatown. NJ 08027
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5, RlC4lved By: (Print Nam,)
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I a110 wI.h to lec.lv. 111.
fo/lowlng ..Nle.. (for an
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Consult pootma.t.r for faa. ,
4a. cI. Number I
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I ... ftNDlaR: 97.680.1 Civil Term
'Qompi4C.1temI1 andIOf' a lot IddlIIonII HMc4I'.
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I ,=~ '*-'Pt IMqUftt.. on to. mallpl.ce befow th, Irlld4 number.
\ 'Iii 'The Rellm A,,*pI wtN thaw 10 whom the 1IfUd, lVa, cktU,,~ I/'Id lht dati
I doII""ed.
,3.
John B. OrdilJ.e
109 South Orchard St.
Glbbatown. NJ 08027
I a11lO wish to lecelve 111.
Io/lowIng ..Nice. (lor on
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Con.ult POStmaster for lee,
4a. ArlIel. Number
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o Retum ~pt lor Marchand.. 0 COD ..
7. Oat. 0' Delivery .. '
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8, Addr....~. Addrelll (Only /I reqwotecJ t
and lee Is paid) ~
~QQ
Domestic Return Receipt'
BRENDA L. PALUSCIO, and JOHN
S., PALUSCIO, JR"
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO, 97-6804
v.
CIVIL ACTION - LAW
EVELYN M, ORDILLE and JOHN B,
ORDILLE,
JURY TRIAL DEMANDED
Defendants
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 Notice and Complaint are served,
by entering a written appearance personally or by attorney and
filing i~ writing with this Court your defenses 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 other 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 I.AWYER AT ONCE. IP YOU DO
NOT HAVE A LAWYER OR CANNOT APPORD ONE, GO TO OR TELEPHONE THE
OPPICE SET PORTH BELOW TO PIND OUT WHERE YOU CAN GET HELP.
Cour.t Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
NOTIC.IA
l,E HAN DEMANDO A USTED EN LA CORTE. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tien viente (20) dias de plaza al partir de la fecha de la
demanda y la notificacion, Usted debs presentar ~na apariencia
excrita 0 en persona 0 pol' abogado y archival' en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cualquier queja 0 alivio que as pedido
en la peticion de demanda, Usted puede perder dinero 0 sus
propiedades 0 otros derechos impotantes par.a usted,
LLEVE ESTA DEMANDA A UN ABOGADO IMMEOIATEMENTE, SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
AsrSTENCIA LEGAL.
BRENDA L. PALUSCIO, and JOHN
S. PALUSCIO, JR"
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO, 97-6804
v.
CIVIL ACTION - LAW
EVELYN M, ORDILLE and JOHN B,
ORDILLE,
JURY TRIAL DEMANDED
Defendants
ANSWER AND NEW MATTER,
1. Denied, Answering Defendants are without information or
belief as to the truth of the averm,ents of paragraph 1, hence it is
denied and proof is demanded at time of trial,
2. Denied. Answering Defendants are without information or
belief as to the truth of the averments of paragraph 2, hence it is
denied and proof is demanded at time of trial,
3. Admitted,
4. Admitted.
5. Denied. Answering Defendants are without information or
belief as to the truth of the averments of paragraph 5, hence it is
denied and proof is demanded at time of trial,
6. Denied. Answering Defendants are without information or
belief as to the truth of the averments of paragraph 6, hence it is
denied and proof is demanded at time of trial,
7. Admitted.
8. Admitted,
9. Denied, Answering Defendants are without information or
belief as to the truth of the averments of paragraph 9, hence they
are denied and proof is demanded at time of trial,
1
10. Denied as stated pursuant to Pa,R.C,P, Rule 1029. It is
denied that Defendant struck Plaintiff.
11, Denied. Any and all allegations of negligence of John
Ordille are denied, Answering Defendants are without information
or belief as to the truth of the balance of the averments of
paragraph 11, hence they are denied and proof is demanded at time
of trial,
12, The averments of paragraph 12 state a conclusion of law
which no responsive pleading is required, In the alternative, it
is denied that Plaintiffs are not bound by the limited tort option
and proof is demanded at time of trial,
13, The averments of paragraph 13 state a conclusion of law
which no responsive pleading is required, In the alternative, it
is denied that Plaintiffs are not bound by the limited tort option
and proof is demanded at time of trial, In the alternative, the
averments of paragraph 13 are denied pursuant to Pa,R,C.P, Rule
1029,
14. Denied, Answering Defendant is without information or
belief as to the truth of the averments of paragraph 14, hence it
is denied and proof is demanded at time of trial. Any and all
allegations of serious injury by Plaintiff is denied and proof is
demanded at time of trial,
15. Denied, It is denied that any negligence of Defendant
proximaeely caused the accident in question, any and all
allegations of negligence is denied and proof is demanded at time
of trial,
2
WHEREFORE, Defendant request this Honorable Court to dismiss
Plaintiffs' Complaint,
COUNT I
BRENDA PALUSClO v, JOHN ORDlLI,E
16, The averments of paragraph 1 through 15 are incorporated
herein and made a part hereof as if set forth in full.
17, Denied, The averments of paragraph 17 are denied
pursuant to Pa,R,C,P, Rule 1029, Any and all allegations of
negligence of Answering Defendants are denied and proof is demanded
at time of trial, In the alternative, some or all of the averments
of paragraph 17 state a conclusion of law to which no responsive
pleading is required,
18, D<;lnied. The averments of paragraph 18 are denied
pursuant to Pa,R,C,P, Rule 1029, In the alternative, Answering
Defendant is without information or belief as to the averments as
to injuries sustained by Plaintiff, hence they are denied and proof
is demanded at time of trial, Any and 3.11 allegations of
negligence and recklessness of Defendant are denied and proof is
demanded at time of trial,
19, Denied. The averments of paragraph 19 are denied
pursuant to Pa.R,C,P, Rule 1029, In the alternative, Answering
Defendant is without information or belief as to the averments as
to injuries sustained by Plaintiff, hence they are denied and proof
is demanded at time of trial, Any and all allegations of
negligence and recklessness of Defendant is denied and proof is
demanded at time of trial,
3
20. Denied. The averments of paragraph 20 are denied
pursuant to Pa.R.C. P. Rule 1029. In the alternative, Answering
Defendants are without information or belief as to the averments as
to injuries sustained by Plaintiff, hence they are denied and proof
is demanded at time of trial. Any and all allegations of
negligence and recklessness of Defendant are denied and proof is
demanded at time of trial.
21. Denied. The averments of paragraph 21 are denied
pursuant to Pa.R.C.P. Rule 1029. In the alternative, Answering
Defendant is without information or belief as to the averments as
to injuries sustained by Plaintiff, hence they are denied and proof
is demanded at time of trial. Any and all allegations of
negl igence and recklessness of De fendant are denied and proof is
demanded at time of trial.
22. Denied. The averments of paragraph 22 are denied
pursuant to Pa.R.C.P. Rule 1029. In the alternative, Answering
Defendant is without information or belief as to the averments as
to injuries sustained by Plaintiff, hence they are denied and proof
is demanded at time of trial. Any and all allegations of
negligence and recklessness of Defendant are denied and proof is
demanded at time of trial.
23. Denied. The averments of paragraph 23 are denied
pursuant to Pa.R.C.P. Rule 1029. In the alternative, Answering
Defendants are without information or belief as to the averments as
to injuries sllstained by Plaintiff, hence they are denied and proof
is demanded at time of trial.. Any and all allegations of
4
negligence and recklessness of Defendant are denied and proof is
demanded at time of trial.
WHEREFORE, Defendants request this Honorable Court to dismiss
Plaintiffs' Complaint.
COUNT II
JOHN PALUSCIO v, JOHN ORDILLE
24. The averments of para3raphs 1 through 23 are incorporated
herein and made a part hereof as if set forth in full.
25. Denied. ffi1swering Defendants are without information or
belief as to the truth of the averments of paragraph 25, hence they
are denied and proof is demanded at time of trial.
WHEREFORE, Defendants request this Honorable Court to dismiss
plaintiffs' Complaint.
COm:.'l' III
JOHN P~LUSCIO v, JOHN ORDILLE
26. The averments of paragraphs 1 through 25 are incorporated
herein as if set forth in full.
27. Denied. The averments of paragraph 27 are denied
pursuant to Pa.R.C.P. Rule 1029. Any and all allegations of
negligence of Defendant are denied and proof is demanded at time of
trial. In the alternative, the ~verments state a conclusion of law
to which no responsive pleading is required.
28. Denied. Any and all allegations of negligence or
recklessness of Defendants are denied. Answering Defendants are
without information or belief as to the balance of the averments of
5
paragraph 28, hence it is denied and proof is demanded at tim~ of
trial.
29. Denied. Any and all all~gations of negligence or
recklessness of Defendants are denied. Answering Defendants are
without information or belief as to the balance of ~he averments of
paragraph 29, hence it is denied and proof is demanded at time of
trial.
30. Denied. Any and all allegations of negligence or
recklessness of Defendants are denied. Answering Defendants are
without information or belief as to the balance of the averments of
paragraph 30, hence it is denied and proof is demanded at time of
trial.
31. Denied. Any and all allegations of negligence or
recklessness of Defendant are denied. Answering Defendants are
without information or belief as to the balance of the avermencs of
paragraph 31, hence it is denied and proof is demanded at time of
trial.
32. Denied. Any and all allegations of negligence or
recklessness of DF.!fF.!ndant is denied. Answering Defendants are
without information or belief as to the balance of the averments of
paragraph 32, hence it is denied and proof is demanded at time of
trial.
33. Denied. Answering Defendant is without information or
belief as to the truth of the averments of paragraph 33, hence it
is denied and proof is demanded at time of trial.
6
WHEREFORE, Defendants request this Honorable Court to dismiss
Plaintiffs' Complaint.
COUNT IV
BRENDA PALUSCIO ~ JOHN OROILLE
34. The averments of paragraph 1 through 33 are incorporated
herein and made a part hereof as if set forth in full.
35. Denied. Any and all allegations of negligence of
Answering Defendant is denied and proof is demanded at time of
trial. Answering Defendant is without information or belief as to
the truth of the balance of the averments of paragraph 35, hence
they are denied and proof is demanded at time of trial.
COUNT V
BRENDA PALUSCIO v, EVELYN ORDILLE
36. The averments of paragraphs 1 through 35 are incorporated
herein and made a part hereof as if set forth in full.
:37. Admitted.
38. Denied as stated pursuant to Pa.R.C.P. Rule 1029.
39. Denied. The averments of paragraph 39 are denied
pursuant to Pa.R.C.P. Rule 1029.
40. Denied. Any and all allegations of llegligence of
Answering Defendant are denied and proof is demanded at time of
trial. Answering Defendant is without information or bF.!lief as to
the balance of the averments of paragraph 40, hence they are denied
and proof is demanded at time of trial. Any and all allegations
that plaintiff suffered a serious bodily injury is denied and proof
is demanded at time of trial.
7
41. Denied. Any and all allegations of negligence of
Answering Defendant are denied and proof is demanded at time of
trial. The averments of paragraph 41 are denied pursuant to
Pa.R.C.P. Rule 1029.
42. Denied. Any and all allegations of negligence of
Anowering Defendant are denied and proof is demanded at time of
trial. Answering Defendant is without information or belief as to
the balance of the averments of paragraph 42, hence they are denied
and proof is demanded at time of trial.
43. Denied. Any and all allegations of negligence of
Answering Defendant are denied and proof i.s demanded at time of
trial. Answering Defendant is without information or belief as to
the balance of the averments of paragraph 43, hence they are denied
and proof is demanded at time of trial.
44. Denied. Any and all allegations of negligence of
Answering Defendant are denied and proof is demanded at time of
trial. Answering Defendant is without information or belief as to
the balance of the averments of paragraph 44, hence they are denied
and proof is demanded at time of trial.
45. Denied. Any and all allegations of negligence of
Answering Defendant are denied and proof is demanded at time of
trial. Answering Defendant is without information or belief as to
the balance of the averments of paragraph 45, hence they are denied
and proof is demanded at time of trial.
46. Denied. Answering Defendant is without information or
belief as to the truth of the averments that her injuries are
8
serious if not ~ermanent in nature, hence they are denied and proof
is demanded at time of trial.
WHEREFORE, Defendant request this Honorable Court to dismiss
Plaintiffs' Complaint.
COUNT VI
JOHN P',LUSCIO v, EVELYN OROILLE
47. The averments of paragraph 1 through 46 are incorporated
herein and made a part hereof as if set forth in full.
48. Denied. Any and all allegations of negligence of
Answering Defendant are denied and proof is demanded at time of
trial. Answering Defendants are without information or belief as
to the truth of the balance of the averments of paragraph 48, hence
they are denied and proof is demanded at time of trial.
WHEREFORE, Defendants request this Honorable Court to dismiss
Plaintiffs' Complaint.
COUNT VII
JOHN PALUSCIO v, EVELYN ORDILLE
49. The averments of paragraphs 1 through 48 are incorporated
herein and made a part hereof as if Bet forth in full.
50. Admitted.
51. Denied as stated. The averments of paragraph 51 are
denied pursuant to Pa.R.C.P. Rule 1029.
52. Denied as stated. The averments of paragraph 52 are
denied pursu~nt to Pa.R.C.P. Rule 1029.
53. Denied. Any and all allegations of negl igence of
Answering Defendant are denied and proof is demanded at time of
9
trial. Answering Defendant is without information or belief as to
the truth of the averments that Plaintiff suffered a serious bodily
injury, hence it is denied and proof is demanded at time of trial.
54. Denied. The averments of paragraph 54 are denied and
proof is demanded at time of trial. Any and all allegations of
negligence are denied and proof is demanded at time of trial.
55. Denied. The averments of paragraph 55 are denied and
proof is demanded at time of trial. Any and all allegations of
negligence are denied and proof is demanded at time of trial.
56. Denied. Any and all allegations of negligence are
denied. Answering Defendant is without infor.mati.on or belief as to
the truth of the balance of the averments of paragraph 56, hence
they are denied and proof is demanded at time of trial.
57. Demied. Any and all allegations of negligence are
denied. Answering Defendant is without information or belief as to
the truth of the balance of the averments of paragraph 57, hence
they are denied 'ind proof is demanded at time of trial..
58. Denied. Any and all allegations of negligence are
denied. Answering Defendant is without information or belief as to
the truth of the balance of the averments of paragraph 58, hence
they are denied and proof is demanded at time of trial.
59. Denied. Any and all o.llegations of negligence are
denied. Answering Defendant is wi thout information or belief as to
tlie truth of the balance of the averments of paragraph 59, hence
they are denied and proof is demanded at time of trial.
10
60. Denied. Answering Defendant is without i.nformation or
belief as to the truth of the averments that Plaintiff's injuries
are serious, if not permanent, hence they are denied and proof is
demanded at time of trial.
WHEREFORE, Defendants request this Honorable Court to dismiss
Plaintiffs' Complaint.
COUNT VII I
BRENDA PALUSCIO v, EVELYN OROILLE
61. The averments of paragraphs 1 through 60 are incorporated
herein, and made a part hereof as if set forth in full.
62. Denied. Answering Defendants are without information or
belief as to the truth of the averments of paragraph 62, hence they
are denied and proof is demanded at time of trial. Any and all
allegations of negligence of Answeri.ng Defendant are denied and
proof is demanded at time of trial.
WHEREFORE, Defendant request this Honorable Court to dismiss
Plaintiffs' Complaint.
NEW MATTER
63. Some or all of Plaintiffs' claims may be barred by the
applicable statute of limitations.
64. Some or all of Plaintiffs' claims may be barred by the
Plaintiffs' assumption of a known risk.
65. Some or all of Plaintiffs' claims may be ban'ed by
Plaintiff's comparative and/or. contributo~y negligence.
66. Some or all of Plaintiffs' claims may be barred by
Plaintiffs' election of the limited tort option.
11
65. Denied. The allegation set forth Paragraph 65 Is a conclusion of law to
whlctl no responslvs pleading Is required; however, to the extent the Honorable Court
deems a response necessary, the Plaintiffs' specifically deny that their claims are
barred In any way by comparative and/or contributory negligence, and proof to the
contrary Is demanded at the trial In this matter.
66. Denied. The allegation set forth Paragraph 66 Is a conclusion of law to
which no responsive pleading Is required; however, to the extent ths Honorable Court
deems a response necessary, It Is denied that the Plaintiffs' claims may be barred by
the Plaintiffs' election of limited tort option, and proof to the contrary is demanded
at the trial In this matter.
67. Denied. The allegation set forth Paragraph 67 Is a conclusion of law to
which no responsive pleading is required; however, to the extent the Honorable Court
dsems a response necessary, it denied that some or all of the Plaintiffs' claims may
be barred or limited by the Pennsylvania Motor Vehicle Financial Responsibility law,
and proof to the contrary Is demanded at the trial in this matter.
Respectfully submitted,
HANDLER AND WIENER
~
By
W. Scott Hen' g, Esquire
I. D. No. 32 8
319 Mark Street
Post Olf ce Box 1117
Harrisburg PA 17108-1177
(717) 238-2000
Attorneys for Plaintiff
Date: /-~<6-f!
VERIFICATION
fUMUANT TO PA R.C.P. NO. 1024 Icl
W. SCOTT HENNING, ESQUIRE, states that he Is the attorney for the party
filing the foregoing document; that he makes this affidavit as an ettorney, because
the party he represents lacks sufficient knowledge or Information upon which to make
a verification and/or because he has weater personal knowledge of the Information
and belief than that of the party for whom he makes this affidavit; and that he has
sufficient knowledge or information and belief, based upon his Investigation of the
matters averred or denied In the foregoing document; and that this statement Is made
subject to the penalties of 18 Pa C.S. ~4904 relating to unsworn falsification to
authorities.
c:.~
Date: / -~-9t
" ."
BRENDA L. PALUSCIO, and JOHN S.
PALUSCIO, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 97-6804
Plaintiffs
v.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
EVEL YN M. ORDILLE and JOHN B.
OR DILLE,
Defendents
CERTIFICATE OF SERVICE
AND NOW, this 3rd day of Februery, 1998, I, Barbare Onorato, a Legal Asslstent at
the lew firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct
copy of the foregoing document to the following counsel of record by placing a copy of same
In the United States, first class mall, addressed as follows:
W. Soott Henning, Esquire
Handler & Weiner
319 Market Street
Post Office Box 1177
Harrisburg, PA 17108
~oa~
Barbara A Onorato
,:
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BRENDA l. PALUSCIO, and JOHN S.
PALUSCIO, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 97-6804
Plaintiffs
v.
CIVIL ACTION - LAW
EVEL YN M. OROILLE and JOHN B.
ORDILLE.
JURY TRIAL DEMANDED
Defendants
PRAECIPE FOR WRIT TO ,lOIN ADDITIONAL DEFENDANT
TO THE PRO THO NOT ARY OF SAID COURT:
Issue writ to join the following as additional defendantls) in the above-captioned case:
Brenda l. Paluscio Counsel for the Plaintiff is: W. Scott Hennina. Handler & Weiner Counsel
for the Additional Defendant is: W. Scott Hennina. Handler & Weiner
Date: M,lrch 10. 199B
P!J.tlr ;3. L.utk-
Douglas. . Marcello
305 N. Front Street. POB 999
Hanisburg, PA 1710a
Supreme Court 10 No. 36510
(717) 255-7238
Attorney for Defendants
WRIT OF SUMMONS TO ADDITIONAL DEFENDANT
TO: BRENDA l. PALUSCIO. 138 N. York Road. D,lIsburg, Pennsylvania 17019. YOU ARE
NOTIFIED THAT EVELYN M. ORDILLE and JOHN 8. ORDILLE HAVE JOINED YOU AS AN
ADDITIONAL DEFENDANT IN THIS ACTION, WHICH YOU ARE REQUIRED TO DEFEND.
Date: 1-1(- r1' !D(Ld.;[,.A
~no;~~:':1~U
By:
Deputy
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BRENDA L. PALUSCIO AND JOHN S.
PALUSCIO, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 97-6804
v.
EVELYN M. ORDILLE and JOHN B.
ORDILLE,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
NOTICE OF DEPOSITION
TO: John B. Ordille
John M. Popilock, Esquire. his attorney
NOTICE IS HEREBY GIVEN that, pursuant to Pa. R.C.P. 4017.1. the Plaintiffs in the above
action will take the deposition of John B. Ordille. upon oral examination. for the purposes of
discovery or for use at trial or for both purposes. before a person authorized to render an oath. at
Thomas, Thomas & Hafer, 12 East Mar~et Street, Bethlehem, PA 18016, on Wednesday, April
21. 1999. and at any and all adjournments thereof, on all matters not privileged. which are relevant
and rT'aterialto the isslles and subject matter involved in the above-captioned action. The above-
named person is requested to appear at the above date and time and submit to examination under
oath.
The deposition will be recorded by stenographic means by Hughes. Albright, Foltz &
Natale.
Respectfully Submitted,
Dated 3/9/99
HANDLER, HENNING
(-~~
~
W. Scott Henni ,Esq.
10. # 32298
319 Market treet
P.O. Box 177
Harrisbu ,PA 1.7108
(717) 2 -2000
Attorne for Plaintiffs
BRENDA L. PALUSCIO AND JOHN S.
PALUSCIO, JR.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANiA
NO. 97-6804
Plaintiffs
v.
EVELYN M. ORDILLE and JOHN B.
ORDILLE,
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
On 3/9/99, I hereby certify that a true and correct copy of Notice of Deposition of John B.
Ordllle was served upon the following by depositing same in the United States Mail, in Harrisburg.
Pennsylvania:
John M. Popilock, Esquire
Thomas. Thomas & Hafer
305 North Front Street
PO Box 999
Harrisburg, PA 17108-0999
('
HANDLER, HENNING
& R~NBERG
Dated: 3/9/99
W. colt Henning, q.
1.0. # 32298
319 Market S et
P.O. Box 1 7
Harrisbur ,PA 17108
(717) 23 -2000
Attorney for Plaintiffs
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John M, Popllock. Esquire
Attorney 1.0, # n671
Thoma., Tnoma. & Hafar, LLP
3015 North Front Street
p, 0, BOK 999
Harrisburg. PA 17106-0999
(717) 255-7629
Attorneys for Defendants
BRENDA L. PALUSCIO. and JOHN S,
PALUSCIO. JR..
Plaintiffs
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO, 97-6804
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
EVELYN M. ORDILLE and JOHN B,
ORDILLE,
Defendants
DEFENDANTS' MOTION TO COMPEL PRODUCTION OF MEDICAL RECORDS
AND NOW. Defendants. Evelyn M. Ordille and John B, Ordille. by and through thEilr
counsel, Thomas, Thomas & Hafer. LLP. and John M, Popilock. Esquire. respectfully moves this
Honorable Court to compel Plaintiffs. Brenda L. Paluscio and John S, Paluscio. Jr., to allow for
the full and complete release of medical records from the Mechanicsburg Family Practice Group
and. in support thereof. avers as follows:
1, The instant cause of action stems from an automobile accident which occurred on
September 21, 1997 at the intersection of South Market Street and West Lisburn Road.
Cumberland County. Pennsylvania,
2, The instant acllon was commenced by the filing of a Complaint on or about
December 10. 1997.
3, On December 22. 1997. counsel for Defendants entered their appearance,
4, On January 16. 1998. Defendants filed an Answer with New Matter to Plaintiffs
Complaint.
5, Thereafter, on January 26. 1998, Plaintiffs replied to Defendants' New Matter,
6, As a result of the accident alleged in Plaintiffs' Complaint. Plaintiffs' allege that they
sustained extensive and serious injuries that required medical treatment which led to a substantial
impairment of bodily function and permanent disfigurement. (See Plaintiff,' Complaint. paragraph
11 ),
.
.oj
.
7 Plaintiffs further allege that they have suffered "great physical, emotional and
financial detriment and loss," (See Plaintiffs' Complaint, paragraphs 20. 30, 57 and 56),
6, In an effort to ascertain the extent of Plaintiffs' Injuries and medical treatment,
Defendants served Plaintiffs with Interrogatories and Request for Production of Documents
seeking, In!M illisl. the Identity of all medical providers and the extent of all Injuries sustained as a
result of the motor vehicle accident giving rise to the above-captioned cause of action,
9, In response to Interrogatory No, 8. Plaintiff Identified. inter aha. Mechanlcsburg
Family Practice as a medical provider whom Plaintiffs Intend to call as witnesses at the trial of this
matter, (A copy of Plaintiffs' responses to the Interrogatories are attached hereto as Exhibit "A"),
10. In response to Interrogatory No, 12, Plaintiff Indicates that he is "suffering from
depression" as a result of the accident giving rise to this action, (See Exhibit "A" attached hersto),
Similarly. Plaintiff Indicated In response to Interrogatory No. 3 that he "Is suffering from
depression"." as a loss resulting from this car accident. (See Exhibit "A" attached hereto),
11. In response to a request to produc.e all medical records for the Plaintiff concerning
the Injuries alleged in the Complaint as well as injuries alleged to have occurred as a result of the
motor vehicle accident. Plaintiff produced some medical records for the Plaintiff. Included In this
response are certain records from the Mechanicsburg Family Practice Center, (See Plaintiffs'
Response to Defendants' Request for Production of Documents attached hereto as Exhibit "B"),
12, Seeing that there may have been prior treatment, a subpoena was directed to the
Mechanlcsburg Family Practice for the release of any and all flies. medical records.
correspondence. inpatient and/or outpatient records. discharge summary, clinic records. progress
notes, hand written notes. histories and physicals. patient intake questionnaires and any and all
other documents contained in John Paluscio's medical file, (A copy of this subpoena Is attached
hereto as Exhibit "C"),
13, Thereafter. on March 23. 1999. correspondence was received from the
Mechanicsburg Family Practice centsr indicating that a statement signed and dated by the patient
authorizing Mechanicsburg Family Practice Center to release the subpoenaed information will bl\l
necessary before a report can be sent. (A copy of this correspondence is attached hereto as
Exhibit "0"),
14, As such. on March 29. 1999. correspondence was made to Attorney Henning
requesting that his client execute an authorization for medical records from Mechanicsburg Family
Practice, (That correspondence is attached hereto as Exhibit "E"),
2
15. On April 7, 1999, Attorney Henning forwarded to undersigned counsel a copy of
the medical authorization form for Mr. Palusclo relative to the Mechanlcsburg Family Practice
Center. (Copies of this correspondence and the executed authorization are attached hereto a:s
Exhibit "F"),
16. The executed authorization for the release of information and medical records for
Mr. Palusclo was forwarded to the MechanlcsboJrg Family Practice center on April 9, 1999. (A
copy of this correspondence and authorization are attached hereto as Exhibit "G").
17. On April 16. '1999. undersigned counsel received a telephone call from the
Mechanlcsburg Family Practice Center indicating that they received a telephone call from
Plaintiffs' counsel Indicating that the Plaintiff would not authorize the release of these records to
me.
16. On April 19, H199. undersigned counsel corresponded with Attorney Henning
Informing him that Mechanicsburg Family Practice Center "revoked" the authorization for the
release of medical records for Mr. Palusclo in this matter. Since all of the medical records had not
been provided. Plaintiffs' depositions needed to be cancelled. (A copy of this correspondence Is
attached hereto as Exhibit "H").
19. Allorney Henning contacted undersigned counsel and indicated that the revocation
of the authorization for these medical records was made in light of the fact that the Plaintiffs'
psychological treatment records may be contained In the Mechanlcsburg Family Practice Center
records and that these records would not be "relevant" to the instant cause of action.
20. On April 26. 1999. undersigned counsel corresponded with Attorney Henning
canceling Mr. Paluscio's deposition for April 26, 1999 <1nd reql,;esting that the objections to
Defendants obtaining Mechanicsburg Family Practice records be lifted, (A copy of this
correspondence is attached hereto as Exhibit "I").
21. Having received no response. on May 10. 1999. undersigned counsel
corresponded with Attorney Henning requesting information on Plaintiffs' position with regard to
the Mechanic:sburg Family Practice records and the need to once again postpone the May 12.
1999 deposition of Mr. Paluscio. (A copy of this correspondence is attached hereto as Exhibit
'J").
22. Finally. on June 2, 1999, undersigned counsel corresponded with Attorney
Henning once again requesting Plaintiffs' position on the release of the Mechanicsburg Family
Practice records. This correspondence also indicated that a Motion to Compel the production of
3
these documents would be filed. (A copy of this correspondence Is attached hereto as Exhibit
"K").
23. To date, Plaintiffs' counsel has not formally objected to or responded In any way to
requests to obtain a complete copy of the records from the Mechanlcsburg Family Practice
Center.
24. To date, Plaintiffs have failed to comply with the discovery as mandated by Rules
4005 and 4006 of the Pennsylvania Rules of Civil Procedure, Pa.R.C.P. 4005 and 4006.
25, Rule 4019 of the Pennsylvania Rules of Civil Procedure provides that upon mollon
of any party, the Court can make an appropriate Order when a party "falls to make discovery."
Pa.R.C.P. 4.'l19(Il)(vlll). The records sought from Mechanlcsburg Family Practice Center are
relevant to the Instant cause of action given Plaintiffs' Indlcallon that he suffers from depression,
26. Plalnllffs cannot object to the release of medical records from Mechanlcsburg
Family Practice Center on the basis that these records may contain psychological treatment
Informallon when Plaintiff Is alleging that he suffers from depression as a result of 'he motor
vehicle accident giving rise to this cause of action.
27. This Honorable Court was faced with a similar situation In Hartman v. Ladv, No.
4497 S 1996 (Dauphin County), wherein the Honorable Joseph A. Klinefelter issued a
memorandum Opinion and Order requiring all medical records. including psychological treatment
records be released to Defendants on the basis that Plaintiff was maintaining a claim for mental
Illness as a result of the accident. (A copy of this memorandum Opinion is attached hereto as
Exhibit "L").
WHEREFORE, for the foregoing reasons, Defendants. Evelyn M. Ordille and John B.
Ordille, respectfully request this Honorable Court to enter an Order mandating the release of the
Mechanlcsburg Family Practice Center treatment records for Plaintiffs In the above matter.
Defendants further request that should Plaintiffs further object to the release of this Information
4
based on Its containing psychological treatment, Plaintiffs shall be precluded from maintaining any
cause of action for psychological damages as ~ result of this motor vehicle accident.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By:
Jo M. Popllock, E ulre
orney 1.0. No. 671
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 255~7629
Attorney For Defendants
Evelyn M. Ordllle and John B. Ordllle
Oatlld: June 16, 1999
:62617.1
5
IbtIlbIt A
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 97-6804
BRENDA L. PALUSCIO, and JOHN
S. PA(,USCIO, JR.,
CIVIL ACTION - LAW
v.
EVELYN M. ORDILLE a~d JOHN B.
ORDILLE,
JURY TRIAL DEMANDED
Defendants
DEFENDANT~S INTERROGATORIES PROPOUNDED TO PLAINTIFF
JOHN S, PALUSCIO
TO: John S. paluscio, plaintiff
c/o W. Scott Henning, Esquire
Defendant, by his undersigned attorneys, porpounds the
following Interrogatories to plaintiffs to be responded to in
writing and verified within thirty (30) days following service in
accordance with F.R.c.P. 33.
THOMAS, THOMAS & HAFER LLP
-1 ,"0/' ,
OOUG B, CELLO, ESQUIRE
I .D,)lo, 36510
305 N. Pront Street, POB 999
Harrisburg PA 17108
(717) 2~!i-723a
Attorney for Defendants
.
,
DEFINITIOlli!.
1. Whenever the word "document" or "documents" is used
herein it shall include the original or any copy (regardless of
origin or location) of any statement, paper wri t ing, let ter,
memoranda, report, log book, note, article, journal, journal
art icle, magazine, newsletter, blueprint, drawing, sket, book,
pamphlet, record, record.i.ngs, pictures negative and any other
object contianlng a written, printed, spoken or photographic image
or sound. "Document" also includes cards, magnetic tapes or other
electronic information storage articles for use in a computer or
which can be extracted or assembl.es with the use of a computer or
computer accessories.
2. "Identify" when referring to a document, means that all
of the following information should be supplied as if the following
list were incorporated each time the word "identify" appears: (a)
the nature of the document, e. g. whether it is a statement,
brochure, report, letter, book, photograph or something else; (2)
its phycial description (3) the location of the document and its
custodian or possessor; (4) the person to whom the document was
di rected: (5) the contents of the adocument or, in the
alternative, you may attach a clear copy of the par'ticular document
to your answers to the interrogatories; and (6) if a book journal
or other publication, its name and publisher and the volume, date
and issue in which the document appears.
3. "Identify" when referring to a person or persons means
that all of the following information should be supplied as if the
following list were incorporated each time the word "identify"
appear's the person's or persons' (1) full name; (2) present ot- last
known address; (3) present or last known employer and job
classification; and (4) present or last known business address.
4. "You" shall be construed to mean not only the party
(parties) in his, her or iUJ own right, but. also his, her' or its
agents, servants, workmen, employees or attorneys.
5. The term "person" as llsed herein, means any natural
person, partnership, corpora~ion, or ot.her business entity and all
preHent and formeI' ()EEicer~J, directors, agent~J, f.~mployee.s,
p2lrtners, ventllrers, owrlers, ~\ttorneys and ottlers acting or
purporting t.o acl. on behalf. of such nat.uraL per/Jon, part.nership,
corporation or other business entity.
6. "Communication" shall mean an processs by I.r,hich
informat.ion if! transm'.tted, wheUwr onllly or in writlng. An "oral
communicat.ion" ~lhaL1. include, but is not. lImited to, face to face
10. If you intend to use any book, magazine, or other such writing
a~ trial, state:
(a) The name of the writing;
(b) The author of the writing;
(c) The publisher of the writing;
(d) The date of publication of the wJ;'iting; and
(e) The identity of the custodir,1n of the writing.
None known at this time.
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22. With regard to any insurance policies in effect at the time of
the alleged accident, or purchased or renewed since the date of the
accident, please state the following:
(a) Type of insurance (i.e. life, health, homeowner's, auto)
(bl Name of Insurance company;
(cl Address of insurer;
(d) Date purchased or renewed.
(e) If you will do so without a Motion to Compel, please
attach a certified copy of each policy and the declaration sheet
from each policy.
a) Renewed auto policy
b&c) Progressive Northern Insurance Company
P.O. Box 94625
Cleveland, OH 44101
dl 3/12/98
e) Copy of Declarations Page attached hereto as Exhibit" A"
~8
9. Objection. This request Is not relevant nor Is likely to lead to any relevant Information re(jardlng
the Issues In dispute.
10. Will be supplied at a later date.
11. Any and all documents attached hereto as Exhibit "A" lhrouyh "F."
12. Copy of Pollee Report attached hereto as Exhibit "F."
13. None other than those documents attached hereto.
14. See Exhibit "F."
15. None.
16. None other than those documents attached hereto as Exhibits "A" trlrough "F".
17. There Is no request numbered 17.
18. Objection. This request Is not relevant nor Is likely to lead to any relevant Information regarding
the Issues In dispute.
19. Objection. All pertinent medical records and employment records are attached hereto or will be
supolled as a Supplemental Response to this Reply.
Respectfully Submitted.
HANDLER AND WIENER
Attorney for Plalntlfls
Exhibit D
"
Exhibit E
Exhibit Q
AUTHORIZATION FOR RELEASE OF
INFORMATION AND MEDICAL RECQRQ.S
I, JOHN S. PALUSCIO, JR. (Date of Birth: 6/15/68; Social Security Number:
164-52-2489), 'hereby authorize MECHANICSBURG FAMILY PRACTICE
CENTER to rumisl1 to John M Popiluck, Esquire, ,md Thomas, Thomas & Hafer,
LLP, P. O. Box 999, 305 North Front Street, Harrisburg, Pennsylvania 17108, or
any representative thereof, any and all files, medical records, correspondence,
office notes, photographs, medical charts, data, bills, insurance forms, mental
health records, pSYChiatric records, psychological records and all other documents
and things that relate to me.
A photostatic copy of this Authorization shall serve in its stead.
ff!F
~_Id%#-~!7r---
~AL.USCIO, JR.
Exhibit H
(717) 255-7629
E-mail: JMP@tthlal.l.com
April 19, 1999
W. Scott Henning, Esquire
HANDLER & WIENER
319 Markel Slreet
P.O. Box 1177
Harrisburg, PA 17106
Re: PalulIclo v. Ordllle
Dear Scott:
I recently received a telephone call from the Mechanlcsburg Practice Center Indicating that
you were revoking your authorization for the release of medical records for your client In this
matter. I did not receive a copy of any revocation and would ask that you please explain to me
why you would do the same having previously agreed to rele;lse this Information. Obviously, I am
entitled to have this Information and would ask that you kindly withdraw your revocation of the
previously given authoraatlon. In ilght of the foregoing, it may be necessary to cancel your client's
deposition previously scheduled for April 26, 1999. Hopefully, we can avoid, postponing this
deposition.
I look forward to hearing from you on this Issue.
Very truly yours,
John M. Poplloc:k
THOMAS, THOMAS & HAFER, LLP
JMP:sml:49317.5
cc: Clair R. Cathers (Claim No.: VINE J AU 97 63 82 83 C)
IbdIIbIt ,
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THOMAS, THOM~S & HAFER, LLP
ATTORNEYS AT LAW
JOSEPH P. HAFER
JAMES K, TIIOMAS, II
JEFFREY B. RETTIO
PETERJ. CURRY
R, BURKE McLEMORE, JR.
EDWARD II. JORDAN, JR.
C, KENT PRICE
RANDALL O. OALE
DAVID L. SCIIW ALM
PETER /, SPEAKER
DOUOLAS B. MARCELLO
PAUL /. DELLASEOA
OF COUNSEL
JAMES K, TIIOMAS
TIMOTHY I. MARK
DANIEL J. OALLAOIIER
ROIIERT A. TAYLOR
SARAH W. AROSELL
EUOENE N. McllUOH
STEPHEN E, OEDULDlO
KAREN S, COATES
GARY T. LATHROP
TODD II. NAIWOL
JAMES /. 1l0DD-0
KEVIN C, McNAMARA
BROOKS R. FOLAND
JOliN FLOUNLACKER
JOHN M, POPILOCK
30S NORTH FRONT STREET
SIXTH Fl.OOR
P.O. BOX 999
HARRISBURG, PA 17108
(717)237-7100
FAX (717) 237-7105
LEllIGIl V ALl.EY OFFICE:
12 EAST MARKET STREET
P.O, BOX 1172
BETlII.EIIEM,I'A 18016-1172
(610) 868-167~
FAX (610) 868-1702
WRITER'S DIRECT DIAL:
(717) 255-.7629
E-mail: JMP@tthlaw.com
April 26,'1999
VIA FACSIMII.E & MAIL
W. Scott Henning, Esquire
HANDLER & WIENER
319 Market Street
P.O. Box 1177
Harrisburg, PA 17108
Re: Palusclo v. Ordllle
Dear Scott:
In light of your objection to my receipt of the Mechanicsburg Family Practice Center records
for your client, I feel It Is Imperative that I postpone the deposition scheduled for April 28, 1999 until
I receive these records. My client Is being deposed on May 12, 1999, and I would suggest that we
depose your client on that day. Hopefully, by that time, we will be able to resolve the Issue with
regard to the Mechanlcsburg Family Practice records.
~ .
v.
Please give me a telephone call so that we can discuss this matter further.
Very truly yours,
John M. Popilock
THOMAS, THOMAS & HAFER, LLP
JMP:smI:49317.6
cc: Clair R. Cathers (Claim No.: VINE J AU 97 63 82 83 C)
Hughes, Alb~lght, Foltz & Natale Reporting Service
,;,.J
Exhibit J
ElChlbl.t t<
EXhibit L
LISA JEAN HARTMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 4497 S 1996
VS.
JAMES D. LADY and WOMEX, INC.,
Dcfcndants
CIVil ACTION - LAW
MEMORANDUM OPINION
Thc mailer prcsently before the court is defendants' motion to compel
the plaintiff to sign a release authorizing her employer, the Auditor General's Office,
to release ail medical records in plaintiff's employment file. Plaintiff has also filed a
motion for sanctions against the defendants. As is discussed infra, the motion to
compel is granted and the motion for sanctions is denied.
Plaintiff commenced a personal injury action against the defendants on
September 20, 1995, for injuries related to a car accident on August 4, 1995, on
U.S. Route 15. In her complaint, plaintiff seeks damages for past and future
medical expenses, past and future pain and suffering, emotional distress, lost
wages and lost enjoyment of life's pleasures. Plaintiff has produced an expert who
will opine that plaintiff suffers from chronic fatigue syndrome as weil as other
orthopedic problems as a result of the accident and is now unable to work.
During discovery, defendants subpoenaed plaintiff's employer, the
Auditor General's Office, for the records contained in her employment file. The
Auditor General provided the employmcnt records, but denied production of medical
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records contained in her employment file.
Defendants requested that plaintiff sign an authorization for the release
of the medical records in the possession of the Auditor General because plaintiff
had control over th<! recoreb. The plaintiff denied the request. Thereafter,
defendants filed a motion to compel August 5, 1997. Plaintiff filed a motion for
sanctions on August 18, 1997.
Plaintiff claims privilege under the psychologist-c1ien t communications
privilege, 42 Pa.C.S,A, 5944, which states:
No psychiatrist or person who has been licensed under
the act of March 23,1972 (P.L. 186 No. 52) to practice
psychology shall be, without the written consent of his
client, examined in any civil or criminal matter as to any
in formation acquired in the course of his profossional
services in behalf of such client. The confidential
relations and communications between a psychologist or
psychiatrist and his client shall be on the same basis as
those provided or prescribed by law between an attorney
and client.
Defendants claim the plaintiff has waived tho privilege by putting her physical
condition at issue by filing a personal injury lawsuit claiming physical and mental
injuries.
The psychologist-client privilege may be waived where the client
places the confidential information at issue. Rost v. State Board of PsvcholoQy"
Pa.Cmwlth. __, _, 659 A.2d 626, 629 (1995), appeal denied, 543 Pa.
699, 670 A.2d 145 (1995). Here, plaintiff claims numerous physical and mental
damages as a result of the car accident with the defendants. Specifically, plaintiff
claims chronic fatigue syndrome. Thus, plaintiff has put her physical and mental
condition at issue as to whether the car accident caused the injuries or whether
they were pre-existing. Accordingly, plaintiff has waived the psychologist-client
privilege as it relates to h8r employer's medical records. Defendants are entitled to
discovery the records. I
I This coun notes that the psychological ilnd medienl records at issue are nut in possession of 0
psychologist or psychiatrist, bllt are in the PQssession of plaintiff's employer. n,t/S, the plaimift. by
pllttino b'Jr psychological records in the hands of a Hlird party, may no longer have an expectation
of privacy in those records to aS$Ott a pflvilagc, Ro~t v. St!1lfI Board of P1ycholoQ'I, .!ill.lli11.
2
BRENDA L, PALUSCIO :
And JOHN S. PALUSCIO,:
JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plulntiffll
v.
CIVIL ACTION - LA W
EVEL YN M, ORDlLLE
And JOHN B. ORDlLLE,
Defendants
NO, 97-6804 CIVIL TERM
ORDER OF COURT
AND NOW. this 26'h day of July, 1999, upon consideration of Defendants'
Motion To Compel Production of Medical Records and of Plaintiffs Reply to Motion to
Compel Production of Medical Records, a discovery conference is scheduled for Friday,
September 3, 1999, at 3:00 p.m., in chambers of the undersigned judge. Plaintiffs'
counsel is directed to bring copies of the records of Mechanicsburg Family' Practice at
issue for an in-camera review.
BY THE COURT,
W. Scoll Henning, Esq.
319 Market Street
P.O. Box 1177
Harrisburg. PA 17108
Allorney f<lr Plaintiffs
J . C;( f R.....
\
\.1
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6804
I
I
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I i
,
, '
, '
BRENDA L. PALUSCIO AND JOHN S.
PALUSCIO, JR.,
v.
EVELYN M. ORDILLE and JOHN B.
ORDlLLE,
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
Defendants
REPLY TO MOTION TO COMPEL PRODUCTION OF MEDICAL RECORDS
AND NOW, come the Plaintiffs, by and through their counsel, Handler, Henning & Rosenberg,
and W. Scott Henning, Esq., respectfullY reply to the Defendant's Motion to Compel Production of
Medil:al Records as fOllOWS:
1. Admitted.
2. Admitted.
3, Admitted,
4. Admitted.
5. Admitted.
6, Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. It is acknowledged that the Defendants had directed a subpoena to Mechanicsburg
Family Practice, however, Plaintiffs are without knowledge or information to verify the reasons why the
Defendants sought records from Mechanicsblllg Family Practice.
13 Admitted, based upon information received.
14. Admitted.
15. Admitted.
16. Admitted,
17, Denied. After reasonable Investigation Plaintiffs are without knowledge or Information
sufficient to form a belief as to the averment set forth In Paragraph 17, since Plaintiffs' counsel was not
a party to the purported conversation,
18. It is acknowledged that Defendants' counsel corresponded with Plaintiffs' counsel
regarding the issue relative to the Mechanlcsburg Family Practice Center medical records. It is further
acknowledged that Defendants' counsel elected to cancel the depositions of the Plaintiffs, however,
counsel for Plaintiffs would assert that there was no reason why the depositions of the Plaintiffs could
not proceed forward, Indeed, even in the absence of the additional records from Mechanicsburg Famiiy
Practice Center, Defendants' counsel could have elicited questions regarding any prior treatment relative
to depression or physical injuries,
19. Denied. The allegation set forth in Paragraph 19 is only partially correct. Plaintiffs'
counsel also advised Defendants' counsel that there were other matters contained in the Mechanicsburg
Family Practice Center, which counsel deemed prejudicial and irrelev"lnt to the instant cause of action.
20. It is aCknGwledged that the letter attached to Exhibit "I" was directed by Defendants'
counsel to Plaintiffs' counsel.
2'1. It is acknowledged that Defendants' counsel directed the correspondence to Plaintiffs'
counsel which Is identified as Exr,ibit "J",
22. It is acknowledged that Defendants' counsel directed a communication to Plaintiffs'
counsel, which is identified as Exhibit "K".
23. Denied. Plaintiffs' counsel has adVised Defendants' COllflSl11 verbally, on more than one
occasion, as to the reasons why Plaintiffs' cOllnsel is objecting to a carte blanche release of any and
all medical records possessed by Mechamcsburg Family Practice Center.
2
24. Denied, For the reasons before and herein stated, It Is denied that Plaintiffs' have failed
to comply with discovery as required by Rules 4005 and 4006,
25, Defendants' assertion as to what Rule 4019 provides Is acknowledged, however, It Is
denied that all of the records sought from Mechanlcsburg Family Practice Center are relevant to the
instant cause of action.
26, Denied, Plaintiffs' counsel asserts that objection to the release of medical records from
Mechanicsburg Family Practice Center is not focused soiely on the fact that there are psychological
records contained within the treatment records of Mechanlcsburg Family Practice Center, but, aiso that
there are other references to prejudicial and irrelevant matters contained within the records of treatment.
27. Denied, for the reasons set forth In Paragraph 26, et al.
WHEREFORE, Plaintiffs request that the medical records obtained from Mechanicsburg Family
Practice Center be reviewed, In camera, with the caveat that only those portions of the records that are
applicable to the treatment of the Injuries contained in the subject motor vehicle incident and which are
relevant to the Plaintiffs' claim for depression ariSing from the sequeilae of the motor vehicle incident
shail be released to the Defendants.
Respectfuily Submitted,
Dated: 7/1J!/99
HANDLER~ING
~lJSENBERli...) .
w:o~.I:;i?~q
1.0 # 32298
319 Market Street
PO Box 1177
Harrisburg, PA
(717) 238-20
Attorney fOI/ laintiffs
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BRENDAN L. PALUSCIO
and JOHN S. PALUSCIO, JR.,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
EVELYN M. ORDILLE and
JOHN B. ORDILLE,
Defendants
No. 97-6804 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of September, 1999, upon
consideration of Defendants' Motion To Compel production of
Medical Records and of Plaintiffs' Reply to Motion to Compel
Production of Medical Records, and following a conference held
in the chambers of the undersigned judge, and pursuant to an
agreement of counsel reached at the cOllference, Plaintlffs shall
furnish to Defendants' counsel a copy of their medical records
from the Mechanicsburg Family Practice Center within 30 days of
the date of this order; provided, that Defendants' counsel shall
not reveal the contents of the medical records as they may
relate to sexually transmitted diseases or unlawful drug use to
any person, including Defendants, without prior approval of
Court and shall not disclose such information during depositions
or at trial without prior approval of Court.
The Court has indicated that it will endeavor to
make itself available on short notice for consultation by
counsel on the issue of revelation and disclosure, should a
ruling be requit'ed for purposes of deposition testimony of
Plaintiffs, which has been scheduled for September 14, 1999.
This Order 3hall be sealed and sha Ii not be
unsealed without prior approval of the Court.
.'" !
"
By the Court,
J,
W. Scott Henning, Bsquire
319 Market Street
P . O. Box 11 77
H~rrisburg, PA 17108
For the Plaintiffs
John M. Flounlacker, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
For the Defendants
(loIJ, 1::' ('l_~J\.r.( b'l
00t.-<l';:-\ ~'i IX'f<---I"/~_
wcy
,/
BRENDA L. PALUSCiO and JOHN B,
PALUSCIO,
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-6804
CIVil ACTION - LAW
Plaintiff
v.
EVELYN M. ORDILLE and JOHN B,
ORDILLE,
JURY TRIAL DEMANDED
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RUL~ 4009.~
TO: ACRI Famllv Chiropractic CIJnjc. 202 North Frederck Street, Mechanicsbura, PA
17055
(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:
Complete copies of any and all records. reports and diaanostic studies reaardina
Brenda L. Paluscio, SSN: 194-56-9030. Date of Birth : 08-16-68
at: Thomas. Thomas & Hafer. LLP, 305 N, Front St.. P.O. Box 999. Harrisbura, PA
17108-0999
(Address)
You may deliver or mail legible copies or the documents or produce things requested by this subpoena,
together with the certllicate of compliance, to the party malting this request at the address listed above,
You have the right to seek in advance, the reasonable cosl 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 thi.s subpoena may seek a court order compelling YOll to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: John M. Popilock, Esquire
ADDRESS: P.O Box 999, Harrisburg, PA 17108.0999
TELEPHONE: (717) 255-7629
SUPREME COURT 10#: 72671
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
BRENDA L. PALUSCIO and JOHN B.
PALUSCIO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-6804
Plaintiff
v,
CIVIL ACTION - LAW
EVELYN M. ORDILLE and JOHN B.
ORDILLE,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Central Pennsvlvania Oral & Maxillofacial SurQeons. 220 Cumberland Parkwav.
Suite2JtlechanicsburQ, PA 17055
(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:
Complete copies of anv and all records, reoorts and diaQnostic_studies reQardl!:l9..-_
Brenda L. Paluscio, SSN: 194-56-9030. Date of Birth : 08-16-68
at: Thomas, Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999. Harrisburq, PA
17108-0999
(Address)
You may deliver or mail legible copies or the documents Q( produce lhings 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 coort order compelling you 10 comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: John M. Popilock, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7629
SUPREME COURT ID#: 72671
ATTORNEY FOR: Defendants
BY THE COURT
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6804
CIVIL ACTION - LAW
BRENDA L. PALUSCIO and JOHN B.
PALUSCIO,
v.
EVELYN M, ORDILLE and JOHN B,
ORDILLE,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4Ci,)9.22
TO: Pinnacle Heaith. HarrisburQ Hospital, 111 South Front StreeLtlllrJisburq.E.A
17101
(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:
Complete copies of anv and all re~ords. reports and diaQnostic stu(lies reQardinQ
Brenda L. Paluscio, SSN: 19.4-56-9030, Date of Birth: 08-16-66
at: Thomas, Thomas & Hafer, LLP, 305 N. Front SI., P.O. Box 999, HarrisburQ, PA
17108.0999
(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 r;osl 01 preparing the copies or producing the
things sought
If YOll fail to produce the documents or things required by lIlis subpoena, within twenty (20) days after its
selvice. the party serving this subpoena may seek a court Older compe,lIing you to comply with it
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: John M. Popilock, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108.0999
TELEPHONE: (717) 255-7629
SUPREME COURT ID#: 72671
ATTORNEY FOR: Defendants
BY THE COURT
DATE:
Seal of the Court
Prolhonotary/Clerk, Civil Division
Deputy
BRENDA L. PALUSCIO and JOHN B,
PALUSCIO,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6804
Plaintiff
v,
CIVIL ACTION - LAW
EVELYN M, ORDILLE and JOHN B.
ORDILLE,
Defendant
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Seidle Memorial H~ital. 120 S. Filbert Slreel. Mechanicsburg. PA 17055
(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:
COlT'olete cooies of anv and all records, rePorts and diaonostic studies reoardino
John Pal.Jscio, SSN: 164-52-2489, Date of Birth : 06/05/68
at: Thomas. Thomas & Hafer, LLP, 305 N. Front Sl.. P.O, Box 999, Harrisburo, PA
17108-0999
(Address)
You may deliver or mail legible copies 01 the documenls 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 emit 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 coort order compelling you 10 comply with It
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: John M. Popilock, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 255-7629
SUPREME COURT 10#: 72671
ATTORNEY FOR: Defendants
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy