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Home My WebLink About01-1929 FX . ~ ,~ ~, t_ ' -",~'-.., J ,_, I" [,:1. . " ~, ".~ ","C~,_. " i:~" - ,--~,,,'<:-~--~ .E.;J,..;",. ,. ,,-,,<,J .- ~",.-:.", ,-,-,_, ~~~, .,-----',.--".,--,- - ~_"".l,_-,,'" ""-,, ' ""'0' ~"" ,;' ~~ NOV 2 7 2001 LO DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants ORDER AND NOW, this day of , 2001, upon consideration of Defendants' Motion to Compel Plaintiff Deanna M. Murray to answer Defendants' Interrogatory #25, it is hereby ORDERED that Defendants' Motion is GRANTED and Plaintiff is directed to answer Defendants' Interrogatory #25 within twenty (20) days of the date of this Order or be precluded from pursuing her claims related to her emotional and mental condition. Plaintiff is also ORDERED to sign Defendants' medical authorizations and return said authorizations to Defendants within twenty (20) days of this Order. (IV'" -"'II<r '" S_;\'" f~C.,(.vs',_ BY THE COURT: J. ~ - --~. -.~~'~. ~'" . '1'.-' ,-,,-,,,,-,=c,,.~-,_,,_~,,,",",--(.,,,, "-,-",-- ~";.' ..oJ""',~"-"_r"__"";.>";"I_j '._ .", ,__~ ',,",,,,,, .,~ "-,'-'-~:",:0~,,,:;"-"',",,,,, . t J' " < DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., alk/a EXEL, INC., and EXEL LOGISTICS, aJk/a EUL, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 TillS 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. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, P A 17013 Telephone (717) 240-6200 ...'- ;,,; 'i "} :'-, ., , I o [,\ !l I;! ::1 !~,i S ;:1 :'1 l~ 11 " L' ~:i ~j I,; .'i .- . ,'.-, -,~,-"-",",._-"-"",,,, '--,'-'" "^~"- --~,""-..---,-""-"- "-'e"';c"',_~,"''''",,_ "-:<.<.--d~ .-0."__ "",~_____ -,c,',~'",""'h'd'", :.. c< '] , , '~ DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC., and EXEL LOGISTICS, aJk/a EXEL, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona a por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero 0 sus propiedades 0 otros derechos importantes para usted. ~~ 11 ::1 ,i ~1 ,I ~! 1 ~ 'J LLEVEESTADEMANDAA UN ABODAGOIMMEDIATAMENTE. SINO TIENE ABOGADO 0 SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, V AYA EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUlA ASISTENCIA LEGAL. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 . i , . ", ", DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a1k/a EXEL, INC., and EXEL LOGISTICS, alk/a EXEL, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Deanna M. Murray, by and through her attorneys, HANDLER, HENNING, & ROSENBERG, by Stephen G. Held, Esquire, and makes the within Complaint against the Defendants, Rose Delores Prindle, Exel Logistics, Inc., a!k/a Exel, Inc., and Exel Logistics a/k/a Exeln1nc., as follows: 1. Plaintiff, Deanna M. Murray, is an adult individual currently residing at 33 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Rose Delores Prindle, is an adult individual currently residing at 31 Old Mill Road, Dillsburg, York County, Pennsylvania 17019 3. Defendant, Exel Logistics, Inc., a!k/a Exel Inc., and Exel Logistics a!k/a Exel, Inc., is a corporation currently doing business at 501 West Schrock Road, Westerville, Ohio 43081. 1 I~ ~,," ."", " ' '-^-', "~.,~~-, ^"-'^~".' "~~--'~'-""'I",""",", '__~",:".-.. _":..=.',.""",,,, .,.-" ,,;.',__ .' ' ;'w-';1 :_1] 1 :'1 :i 'i , i ii , :: i ,'j , 4. At all times material hereto, Plaintiff, Deanna M. Murray, was a passenger in a 1987 :!! Ford Aerostar minivan bearing the license plate number PA ZET 890, that was insured by Erie -"I :i1 'i '.1 , , , Insurance Group under which motor vehicle insurance policy, Plaintiff was covered by the Full Tort 5. At all times material hereto, Defendant, Rose Delores Prindle, was the operator of a , ;'i !J ,';'j' i~ :~ , i~ '.1 Option which was in effect on April 26, 1999.. vehicle owned by, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc. bearing i 6. On or about, April 26, 1999, at approximately 1:15 p.m., Defendant's vehicle was ;;1 :i i'] ::1 ~ :j :j ~ l j the license plate number P A AB98226. immediately behind Plaintiffs vehicle on Silver Springs Road. Plaintiff's vehicle was waiting to turn into the Kam's Market parking lot. Plaintiff's vehicle had its turn signal on. 7. At approximately that same time and place, Defendant failed to observe Plaintiffs vehicle and, suddenly and without warning, the full-sized tractor trailer being operated by the Defendant plowed into the rear of Plaintiff's vehicle at approximately 40 mph. 8. As a direct and proximate result ofthe negligence of the Defendant, Plaintiff, Deanna M. Murray sustained extensive injuries as set forth more specifically below. COUNT I DEANNA M. MURRAYv. ROSE DELORES PRINDLE NEGLIGENCE 9. Paragraphs 1-8 are incorporated herein as if set forth at length. 2 10. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff's vehicle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before plowing into Plaintiff's vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiffs vehicle; (d) In failing to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of75 Pa. C.SA S 3361; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to keep a proper lookout for vehicles lawfully on Silver Springs Road; (h) In falling to exercise reasonable care in the operation and control of her vehicle, in violation of75 Pa. C.SA S 3714; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and 3 r -._" ~ _ ~___" _ c' <<,>,-,^ " "..,. ", - - ',,,,.--, " "-I""".-"~~,,,~---- _____", Y,j",#,~.;.,--_.,; (,_ ---, G) In driving her vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code ofthe Commonwealth of Pennsylvania. 11. As a direct and proximate result of the negligence of the Defendant, Rose Delores "-' :-j including, but not limited to, injuries to her neck, back and a six-inch laceration to the scalp. Surgery :': if] I,,! 1:1 i-'; r'~ I'; r~j Prindle, the Plaintiff, Deanna M. Murray, has suffered extensive and serious personal injuries, performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the work at L 4/5. ,-, ,:j ';l 12. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, "-, :-:1 Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss , (.! of income and/or loss of earning capacity. ,;, 13. As a result ofthe negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna ;j i M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue j to endure the same for an indefinite period oftime in the future, to her great physical, emotional, and financial detriment and loss. 14. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 4 15. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a result of negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna -" d M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, ij i' ~i to her great detriment, loss, humiliation, and embarrassment. ~j '< 'J ,'-, ~J 17. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are ;,j permanent in nature. " : ~ WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Rose H I "1 '!~ iJ Delores Prindle, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of !: " ,! interest and costs, and demands a trial by jury. COUNT II DEANNA M. MURRAY v. EXEL LOGISTICS. INC.. a1k13 EXEL. IDe.. AND EXEL LOGISTICS 3/k/3 EXEL. INC. VICARIOUS LIABILITY 18. Paragraphs 1-17 are incorporated herein as if set forth at length. 19, At all times material to this action, Defendant, Rose Delores Prindle, was an agent, servant, and/or employee of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, aIkIa Exel, Inc. 20. The occurrence of the aforementioned collision and all ofthe resultant 5 -= -I-'~, ,- ,__.",".' -"",- "'"'- . """"''''''''I'~-''.'-~'-=-; ,.... ",' ".'. """, -'4. /~~,", "on ..\ , ':~/."~I I , i 1 1 I I " 21. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Rose i I i , , i I ~ ,I i I I , I I i J i ,i ] I I ,I II ,I ~ 'I iI 'I 'i :1 injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle. Delores Prindle, occurred while acting in and upon the business of Defendant, Exel Logistics, Inc., a!k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., and within the course and scope of her employment with said Defendant. 22. Defendant, Exel Logistics, Inc., a!k/a Exel, Inc., and Exel Logistics, a!k/a Exel, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Deanna M. Murray, which include, but not limited to, injuries to her neck, back and six inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. 23. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a!k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 24. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a!k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period oftime in the future, to her great physical, emotional, and financial detriment and loss. 25. As a result ofthe negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a!k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has been compelled, in order to 6 -'--' ....'- '.,.- '1 _,-", ~'. .~-~--~,-_.., -.-,"-"..~-., _ ",;,.,,_. -''''.'.-1''_''''''"''';. "'>.C."''-L '-."",. " '''__",,"_;';;:;'1-;- ~-'" ..- .'~ ~,. -'"~~f;', 8-o~.,,'~n:".": '-.' ".i '-:J ::j ~j 26. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and I ::] :1 [-j II il " 'I II II 1:1 'J :'j j :1 I "I n II il 'I i:l !J 'I II :'i ,I 'J ~j I I I H 'I I ,J I 'I effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 27. As a result of negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 28. Defendant, Exe1 Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the lost wages and income Plaintiff, 29. Deanna M. Murray has suffered and will in the future continue to suffer a loss of income and/or loss of earning capacity. 30. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the great physical pain, discomfort, and mental anguish Plaintiff, Deanna M. Murray has suffered will continue to endure the same for an indefinite period of time in the future. 31. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exe1 Logistics, a/k/a Exel, Inc., is vicariously liable for the expenses Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical 7 _'r."~"_^_" ." ~_ ~. I, ' ,'. - '1_"," ,-.,-_--> _'" '''.~ "",~-, ",,- "'__C" "I _ "'C . ',"~"", . '," v',_. ~~",k", ;0," .', ''''-''-'' ..J:,;O;',_ ,'- .~ "",;"".,, '-,'C--- ......--.-...,.". attention, and willl>e required to expend money for the same purposes in the future, to her great detriment and loss. 32. Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the for the great detriment and loss Plaintiff, Deanna M. Murray, has suffered and will continue to suffer, from losing life's pleasures. 33. Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exe! Logistics, aIkIa Exel, Inc., is vicariously liable for hindering Plaintiff, Deanna M. Murray, from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 34. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, aIkIa Exel, Inc., in an amount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by Jury. Respectfully Submitted, Date: IfQ;djt!l By: HANDLER, HENNING & ROSENBERG ~~ Attorney 1D # 72663 1300 Linglestown Road PO Box 1177 Harrisburg, P A 17108-1177 (717) 238-2000 Attorney for Plaintiff 8 - -- ~ > ~ ,-" , ^ '''-'~'__"~'''''-~"~- ',,'~___" "I ~, < ,-~~,-.;c ", ,," '="-"'-,,1 - -;;~- 'M_;~"_ - < . . ,- 'i~,C<,-;"",.~_;,,,,,,C'-' 'C,,_",,--,'; h',..; "';,1 VERIFICATION I, Deanna M. Murray, verify that the statements made in the preceding document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. ~ ,171 /l/'T Deanna M. Murray , Date: ,~- OQ....(') I . ~ ',- ''', .'--," "'--"'~-~ ..".,,,.. ~." ~,"-, "'."''''"'_'''~'_'-I,,;_"_L',,'_ '~. ""'''",-",-,,,,,,',~,*,,~..,:--,' CERTIFICATE OF SERVICE AND NOW, this M day of May, 2001, 1 hereby certify that I have, on this date, served the within Complaint upon the Defendant, by sending a true and correct copy of same to his attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17018 HANDLER, HENNING & ROSENBERG By: PcJvilCI~. ~~h~~ Patricia Kohnl . n ,. 1,-, , "'I .. , ^. "~ . J.liill '-.... Commonwealth . of Pennsylvania County of Cumberland DEANNA M. MURRAY, 33 Millersgap Road Enola, PA 17025 vs. ROSE DEIDRES PRINDLE, 31 Old Mill Road Dillsburg, PA 17012 and EXEL LOGISTICS, INC. A/K/A EXEL, INC. 501 W. Schrock Road Westerville, OR 43081 and EXEL LOGISTICS A/K/A EXEL INC. c/o CORPORATION SERVICE COMPANY 2704 Commerce Drive', Suite B Harrisburg, PA 17110 To: Rose Delores Prindle, Exel Logistics, Inc. A/K/A Exel, Inc. and Exel Logistics, You are hereby notified that A/K/A Exel, Inc. ______~~~~_~~__~::~)C________________________________________________________________________ Court of Common Pleas No. 01-1929 Civil Term 190000 I Civil Action - Law n _____________________________________________ the Plaintiff has commenced an action in _oo____c:iy:!-;L}~"'tj.g.I:L:_oo~'Y_________________oo_oo______ against you which you are required to defend or a default judgment may be entered against you. (SEAL) ______________CUJ:tiS_liL_~J1g------------------ Prothonotary April 3, 2001 Ilate ______________________________ 19____ _2~_~ IleputYLtC ...J} :- ..... ,..'"'! r_I!'';'=-'~'m~!~i!.rih;:'~~~.&B~b@l>i~l!:.''''''~":!ld:lill:i",,}-:;,'11~<_fl'l"':',h,+~M;i,l'~""~"'''rcit"",..;,,;~_ililjljjU_I!llitiilIlr.4-- ,.m~I~,i:iiI~"i',''t1_t' '. ~' ;.- .. s. a: ~i I . . I , , , , . I , , , , ~ ~ ~.--"""'~--., ,'.~~ ~, -JH::C'UHCIl 1-" PJ-. w rr -Je"iooro I' I-i' 0"0 ",. l-'.tIJ ::r w=#=oo 0 t"' CD' H -J 0' ~ 1-'-::1 I tvlO ::> ",. '" 11 H'-O G1 00''\1..0 HI--" ow... -..J(D' o -....looP:: :;8 r+ro ~ ~ ~ -J H :>:ll>:l o OUl "f ~"9 H H -J -J ,~,~ ,,~ ",'< "-~ " o 1-'- ~ 1-" H ~ r+ 1-'- g I r i 13' i . ~_, H <.' _"~,", &~.Q..<:~ &~<:~ g~e5 1100;>;1 UlH;>;I H CIl 11"" '- r+ '- HOt<:! 1-" 0;" ro >;:;.. UI H UlOO ~ ~. S O'p.,o 2'8 ~~~g ~CIl~gg] ~~ Jl~:>:lt:lCllp.,Hn.t:lCllp.,- H:>:l ... Ii~" 1-3 (D-li.. 1-3 I-'tJ::I 08 H -0 H 'UCIl ;g~~.~b5 g~~fl :@;g HI1 :>:l' -Jp.,g -JI-'-m ,c:..Q H 0 H~t<:! wP> ~ H Hro:>:l op.,,, tv t< c'- ;::j ~ t<:! CIlO lO t<:! 1-" r+o ro 0 tIJl " 1- . - , ~~ '~'_~~IMt!IiiiI!lIJW~ 1il fjltlO ~~~ - H ~ H 'Uro:s: P> 11' UI H'-O 3: -JP>C 0'0 i:::i ~@~ p., ~j~ - ~ o H I H '" tv '" o 1-" ~ 1-" H ~ ~ - :c I , , iJ< _I. ~ . . DEANNA M. MURRAY, 33 MillersgapRoad Enola, PA 17025, Plaintiff v. ROSE DELORES PRINDLE, 31 Old Mill Road Dillsburg, PA 17012 and EXEL LOGISTICS, INC., AlKlA EXEL, INC. 501 W. Schrock Road Westerville,OH 43081 and EXEL LOGISTICS A/KIA EXEL, INC. c/o CORPORATION SERVICE COMPANY 2704 Commerce Drive, Suite B Harrisburg, P A 1711 0, Defendants , ~ -. -, - .",,-', '4- "'" '< "-.,-~-.",,,,* .. -'" ''''''''-I>' ,- "uC'e__,o" ,~~'''~-",-" ""_=.,,,;_.~,,,,~J;i=;"->"'-;;::"'_ ", - . '."~- -, .!-, :":1 " Ii . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V AlA CIVIL ACTION - LAW : No. 6/ - 19;).? Cl<->J~ : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please issue a Writ ofSununons on behalf of Plaintiff Deanna M. Murray upon Defendant Rose Delores. Prindle, Defendant Exel Logistics, Inc., A/KIA Exel, Inc. and Defendant Exel Logistics, AlKI A Exel, Inc. at the addresses listed above. Dated: \"3jld ~l () ( By: HANDLER, HENNING & ROSENBEl EIt;) ~eld' Esquire Attorney LD. #72663 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17108-1177 Attorneys for Plaintiffs , --~ '>- -, ~.,,-- . .~ ,;.-."- ,- ~-: , f; --,"-I. ~,>""--;,, ,- '<-" -""illi,.lli,'-""-."''', y- '-f , , DEANNAM.MURRAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., A/KfA EXEL, INC. and EXEL LOGISTICS, A/KfA EXEL, INC., : Defendants : JURY TRIAL DEMANDED PROOF OF SERVICE AND NOW, this dt}I- day of April, 2001, I hereby certify that I have served the attached Writ of Summons upon Defendant Exel Logistics, Inc., NK/ A Exel, Inc. by sending a Certified copy of same to them via United States Certified Mail # 7000 1670000527676664 at the following address as evidenced by the attached receipts. Exel Logistics, Inc. NK/ A Exellnc. 501 W. Schrock Road Westerville, Ohio 43081 HANDLER, HENNING & ROSENBERG By: te en . ReI, squire Attorney J.D. #72663 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17108-1177 Attorneys for Plaintiffs " 0'1' "" ^'^' "" '-'~J .. ~ -" -" -" "" -" "" ru Postage -$ Certified Fee U1 Return Receipt Fee CI (Endorsement Required) CJ Restricted Delivery Fee CJ (Endorsement Required) Postmark Here CJ "" -D Sent' To .-'I .m..E&eA...l_ M ls:he..s,_.~0x:'L:_1\..J KIt\:, c... f CJ Street,Apt.No.;or~xNo.) ...J ,_. m_"~ ~ .~?state~IP2r~-'J3oo&._-------_.._-------------------.._-------------- "" tlt 0 Total Postage & Fees $ II Co';~ii;l~itJ';s i:i;'~i,d3: Ai.b ;;;'1i1;;1~;~" item 4 if Restricted Deliv,ery is desired. .. Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: x j' - Agent . di- Addressee Ves If YES, enter delivery address below: 0 No PO, ;3{);{ G 1/9 ElleJ ks~~J~nc.:; pq kilt c."e.L J)ne. .501 W. S~r6d)~ We.ste\'I(;((t..-) ef1 10 'i.60~( ...... 3. Service Type ~Certlfied Mail o Registered o Insured Mail o Express Mail I;G Return Aeceipt for Merchandise o C.O.D. , l'- ~. Article I-" filS Form , - ! 4. Restricted Delivery? (Extra Fee) DYes Ii '" id " 102595-00-M-D952 + -~~- ; :--1 , ".-, .',"' .'-'-, . .' .' Commonwealth of Pennsylvania County. of Cumberland DEANNA M. MURRAY, 33 Millersgap Road Enola, PA 17025 VB. ROSE DELORES PRINDLE, 31 Old Mill Road Dillsburg, PA 17012 and EXEL LOGISTICS, INC. A/K/A EXEL, INC. 501 W. Schrock Road Westerville, OH 43081 and EXEL WGISTICS A/K/A EXEL INC. c/o CORPORATION SERVICE COMPANY 2704 Commerce Drive', Suite B Harrisburg, PA 17110 To: Rose Delores Prindle, Exel Logistics, Inc. A/K/A Exel, Inc. and Exel Logistics, You are hereby notified that A/K/A Exel, Inc. ._____~~~~!:_~~__~::r!:~_______________________.________________________________________________ Court of Common Pleas No.. 01-1929 Civil Term 19_b_ ] Civil Action - Law n _____________________________________________ the Plaintiff has commenced an action in ____n_~~yHn~g!:j.g.I:L:::.JA'!'_b_________n______________ against you which you are required to defend or a default judgment may be entered against you. TRUE COPY FROMltE~ORD 1 i astimony whereqf, I her~ unto set my hand n~.t ~l of satcp~rt ~ d~~~rPa. . ':':;(n ~,jP[J~.' a~> . 'prothone~ . Ap:dl 3, 2001 Ilate ______________________________ 19____ .-____________CUJ:tis_~~_r.;Jlg--________________ Prothonotary ~2~_~ IleputYL-'C( ~" "~~I$~~~'~"';'~' .~-,', ;;1i~iii.,~.<i~iilliil!!i&~~i,jUL~jj~'":&'m~~ill~~~',j}im;r!",i\i:r,,,-~1,;'",'_~_HeJ&_"_"-.d&iii"1:!~1iil!!1iilil; .....,.-' I I I , , , , , I I , I I , ;>-' ~, ~I 01 3: ~: I I I I I I I I I I , I , , . . :X,~,(W1!lJ"H" , -.JH::r:I-QI-!Cf) 1--" PJ. WIT -10 Cj 00(1) I . Cj. 0'0 e;*,~-g't-l&" ~J -.J 0" X 1-'-:1 ''''~ ::l ~ C"\ I-i f-:'I..Q Gl O'ffil.Cll-'j-i C>W'" ~(D' Cl -..J {fJ ::r: OJ rt(1) ~ ~ ~ ~ -.J ~ ::Oi:':! o om 'T' ~~ ~ ~ -.J -.J - I I I I I I I In If". '<: f". ~ fl' rt f". o ::l I :s;' ::<: I I I I I I I Cfl ~ e ~ , I I I I I I I I , I I I I , I I I , I I I I , I I I , , I I I I I I I .. Cl ,.~_,~ ",~,__,,,~"__^", ,_" ~", e. '. ::r:"'o~~ :;;:V1~~ ow;o PJ -..I" (D- 0........... I-'-I-!O CjOO7: m~7: ~ en Cj..,. "-t< rt "- ~Ot<1 f"- n ~ (1) :;;: ~ 00 ~ mno >:;~. IS 0"0.0 g ~ ~ t:J Gl PJ f". en ~ Gl PJ R 3: to! h: O@H::J:j-IO H:Jl.ClF>--:b cO ::ot<eno.~O" en 0.- ~::o - ":l" - >'3 (1)" - >'3 ~ i:':! 0>'3 H -0 H OJ en ;8(1)HHn OHn~::o ""'o~n'jen @""i'lY' ~@;g ~ Cj' ::0 --J 0. H -.J !-,-(J) .+:>.0 H 0 Z ~<: i:':! WPJ "" ~ tJ I--:' (tl :::0 00. \J tv t-l 0_ < 00 i:':! H ~ enn ~ i:':! f". rtn (1) ~ tJj~ __,0 I "'-. .,,~'t.,':'.i'(;.~ ' - , - ~~ I'. ^" ' ~, <"'-~~"~. ,- ~ ~I c;; ~tjo ~~~ ~ OJ(1);S: PJ Cj 00 ~~ e 0'0 ::0 t;;;o$l @~ 0. ,;' <', "~-._1 t I I I I '0 l~ r I I~ I", '1'0 I", I In If". 1<: If"- I~ I '>'3 '(1) !~ - '" I I , r f5 ,,-- ,,'r ",-'~~~J ,,'."'__~_'_C"'-"b'"" ,_ -"-'--.1,. _,_".,,,,"..-,j~h;;,__~::'_ ".,,,~,;,;.,, ~<'~~'.C,,-.;'.I'-, \1-. -" ":- ~- .-~-"- ~,', '. ':-,; i-/,--,"" .., . __,~, -,-- - -"",- '. 1- . . Stephen E.Geduldig. Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Rose Delores Prindle, Exel Logistics, Inc. and Exel Logistics, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. Respectfully submitted, t{ l1 v( 41 , :130041.1 By: THOMAS, THOMAS & HAFER, LLP 'T~"QU'R' Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS . , I . ._,- "."-,.~ , "j'" ';"" .. '~... ~""- ~-"~ . ';~I'-v-J .,' l'_;__'>~ '-~" , "i-;.."/'-,.....",:,'<'~; " ..:._,; ~ . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ A day of April, 2001, on all counsel of record as follows: stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorn~ys for Plaintiff THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire :130042.1 ~~~Ili~C-~' --"-,,o-^~~liF~"-- ;-~~~~~~f*~~;iro,j~~oi' >- ,~,..,;:;L_:w~,.,~, J~.J.~!?/t._.~,,~ " .,. ,<>,''''''', "~r.",' ',,,""'._.< .w__,"_. P,.. . =< ~. -~ !>' ~ ',-, q ~ . " . . ..:.. " . . 0 (::> 0 C -n ::...:... :K ..4 '"OfD :;::.w f_ -n fTIrr -< Z:;j :1;:= ZC I -,~~ rn ci3L: W :-(;~) -<""- ',:;<S r:~'''' :<:,\....J ;10> '.--"rl :P~ <.?E5 f=C; ill ~~m Pc:: '-' Z :;;: =<! ...J :n -< I ,~ ,_ "_'_"" ."--,,..,"'-_4-", - .~ .-- ~' " - , , ~, '-;,-"'-.~' '_le_'"'' _ ""'_' .';'''C- ., ;".,"-',b'-~,;Ji"':;"~0"" ~,".,~.' .;4j;J' H __"O_>"",'%""--b.',,__,; ',' :,.- '-- --;;-~'~ . . Step~en E. Geduldig. Esquire Attorney LD. No. 43530 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: sea@tthlaw.com Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/Kia EXEL, INC. and EXEL LOGISTICS, a/Kia EXEL INC., Defendants PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Y!lo{ VI :130044.1 By: STEPHEN E. GEDULDIG, ESQUIRE Attorney 1.0. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS RULE NOW, fYI~y--:< , 2001, RULE IS ISSUED AS ABOVE. (L,~)~.~ Pcothonotary ~~~ii'm..!im<t,Ii&!timll~~:I.i~1lOI:.~i" -~." -, < , . ='-""~ __, ~~c~,',"~ " ~"" '-" ,( 1Iliiii:"'" ,~ ~,j "" I or. ,^.,> "~_~[~~ _, '/~'",~"",~--, ~ ~, ,-- ,0 0 0 'c: -,:": ?:;: :x -00) "'" .. rnLf; --<: Z..- \ "~~'~J Zr;;.' (/) -'" GJ -'< 0"" r:;CJ 0-1", <::: ").';:.'.:0 I:)::; :P~ -:l.t: Z\..l rSrn -0 '-P. :Pc: -l ~ d;; ...... :< . . (I " :1 IJ !I fl Ii i II 1'1 ~I 'I ~ \ :1 I , ,'," :_,-,0:" ':'~,,_.~'-,,' '.".-~>*,;, ~,;,-'-l..:;_ i.: ,',:... -_,.,~_, --,_~ ~ -.-' <'-!J' ,~; "',', ~",k,,,",- -,;;' . ... . Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box ggg Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: sea<1v.tthlaw.com Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please file of record the attached Certificate of Service which served the Rule to File a Complaint upon Plaintiff issued by the Prothonotary of Cumberland County on May 3, 2001, with regard to the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP O;(oi />r By: :131009.1 STEPHEN E. GEDULDIG, E Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS .1 - ,~- .- Stephen E. Geduldig. Esquire Allorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com j;J .. II 0- '^~ .. e",' Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, Plaintiff v. ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1929 Civil Term CIVIL ACTION - LAW 0 0 0 c -oS:: " r,' ::::: rTlf-:; :!>o z~' -< 2r t .. .~ ~5; c..;. --. '.-. t::B ~j~~ >: -~ a~ zQ ~, ~u >c .~ ~ '-' Z -.; =< ->oJ ?o -< PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. y/7,O( 01 :130044.1 By: NOW, (Il~t-"""""? TRUE COpy FROM RECORD III TwtlmOOy whereof. I here unto set fWthani :. ..~C': ~=~ ( ~,,~~ ~.~~ Respectfully submitted, THOMAS, THOMAS & HAFER, LLP STEPHEN E. GEDULDIG, ESQUIRE Attorney 1.0. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS; INC. and EXEL LOGISTICS RULE , 2001, RULE IS ISSUED AS ABOVE. 2~ ~ .),,,' .J Prothonotary --.' . -. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing RULE TO FILE COMPLAINT was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ?~ day of May, 2001, on all counsel of record as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for P1aintiff THOMAS, THOMAS & HAFER, LLP : 130042.1 " ., ,'" , -.'~' ,c,_;_, ~\,,"'''''.-~,;,{'-,,,",<I~.'',_I' < co,,_'. '~,eo', '--'",' ,_"",,,",~,,,,,.",,-,,,, _" ~~ ".<.-', - :"",__ '--0;' Jt ~ , ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE SERVING THE EXECUTED RULE TO FILE A COMPLAINT EXECUTED BY THE CUMBERLAND COUNTY PROTHONOTARY ON MAY 3, 2001 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the~ day of May, 2001, on all counsel of records as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP ,~~~~~~_~~~<{~li-~I!>l,~~~~ -",~,__,_-"",--:, ^'C_"","" _,~,,~~q~ ._'4._ ,.."^,' "''',=~l<,'''', ,....,"~, ^, ,,~, _0 O. .:....;~.:..;;""" "",' , ~ o G :s:~ LJr-,., f1l r~ ,~'~ Z-'- ze!:-: (}) -~' -< :',:~ r:: c.; j;; ze) >8 -~ ~ " ~ -,~-, "' ~ Cd -,. ~":.? -...:: c:' v:: :-J , --;; ~ ~."" :0 -< F.\' ~~~-I ,,-, -~-~, ,-,<,. "'.~liUc-jj- , . ... SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01929 P COMMONWEALTH OF PENNSYLVANIA: , COUNTY OF CUMBERLAND MURRAY DEANNA M VS PRINDLE ROSE DELORES ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PRINDLE ROSE DELORES but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 3rd , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York Co 18.00 9.00 10.00 36.56 .00 73.56 05/03/2001 HANDLER, HENNING ~ R. Thomas Kline Sheriff of Cumberland County & ROSENBERG Sworn and subscribed to before me this ,;{ /A--I- day of/l., hI J..ovl A.D. ~~ Q fnillid # Prothonotary · ','-' II' , -,-" "'>,' ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01929 P COMMONWEALTH OF PENNSYLVANIA: . COUNTY OF CUMBERLAND MURRAY DEANNA M VS PRINDLE ROSE DELORES ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: A/K/A EXCEL INC EXEL LOGISTICS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 3rd , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 6.00 9.00 10.00 29.25 .00 54.25 05/03/2001 HANDLER, HENNING So ~answe~~~ ~s Kline Sheriff of Cumberland County & ROSENBERG Sworn and subscribed to before me this ;)./~ day of ~ ~~A.D. ~ Q. ~ t AT; prothonotaryl 1 " "I j ;,,1 _" ,".,- ...... "': , @ffire of tltt ~4triff , William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MURRAY DEANNA M vs County of Dauphin EXEL LOGISTICS Sheriff's Return No. 0966-T - -2001 OTHER COUNTY NO. 01-1929 AND NOW: April 13, 2001 at 8:30AM served the within SUMMONS upon EXEL LOGISTICS A/K/A EXEL INC to KAREN DYER, CUSTOMER SERVICE ASSOC. by personally handing 1 true attested copy (ies) of the original SUMMONS and making known to him/her the contents thereof at C/O CORPORATION SERVICE CO 2704 COMMERCE DR., SUITE B HBG, PA 17110-0000 ,(( C-. day of APRIL, 2001 (\ [f)~ So Answers, JR~ Sworn and subscribed to before me this 17TH >-H",C."_,.".",.",," Sheriff of Dauphin County, Pa. ~,.., /J~ PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $29.25 PD 04/10/2001 RCPT NO 148525 WONG I '...~~,"="; +-,-..___ 1,--' ,J i ,_I I '-,,-, In The Court of Common .Pleas of Cumberland County, Pennsylvania . ~ D"eanna M. Murray VS. . Rose Delores Prindle, et. al. Serve: Exel Logistics, a/k/a . . Exel Inc, clo Corporation Service Co~~ny . 01-1929 Civil Now, 4/3/01 . , 20 0 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . '. ~~-~~~! Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at '- o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of 20 '- COSTS SERVICE MILEAGE }\.FFIDA VIT $ $ 1..., ;l ., -'-"'- ~'11 r'. IT "_...L-I .'"",,",' , ~ '= ~ ~ii~^ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 . 28 EAST MARKET ST.. YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 2. COURT NUMBER 1-1929 4. TYPE OF WRIT OR COMPl.AINT Writ of Summons 1. PLAINTIFF/Sf Deanna M. Murra 3. DEFENDANT/S/ Rose Delores Pr'ndle SERVE { 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD. . Rose Delores Prindle 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY. BORO. TWP.. STATE AND ZIP CODE AT 31 Old Mill Road. Dj llshllrg. PA 1701? 7. INDICATE SERVICE: Q PERSDNAL Q PERSON IN CHARGE lIiI DEPUTIZEC:lIm~~l M+fl'l Q 1ST CLASS MAIL Q POSTED Q OTHER NOW 4.' 4/ (} 1 . 19 _I, SHERIFF OG{mm< CO~UNT _,:b~putize t. . eriff of y () r k COUNTY to execute r.' . r. n t cording to law. This deputation being made at the request and risk of the plaintiff. .. . . SHERIFF OF OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland ADVAl\CE FEE PD BY CUMBERLAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TV'S~~Dcf-~~~ A"'E~N.EY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 1300 LINGLESTOWN PD., PO BOX 1177, HARRISBURG, PA 17108-1177 (717) 431-4000 4/3/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUi'lBERIJlND COUNTY SH"'...RIFF 4/5/01 16. HOW SERVED: PERSONAL ( ) RESIDENCE POSTED ( ) POEt ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 22. R~MARKS: 43. 4-27-01 46. Signature of oreign ~ Coun Sheriff 50. I ACKNOWLEDGE RECEIPT F THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE. Issuing Authority 2. PINK - Attorney 3. CANARY ~ Sheriff's Office 4. BLUE - Sheriff's Office , , ~~.-~j~Hjjti'!b~iiJ~':i1l1'\"i".';' k!!>'f;",,,,,~,"?i,':'~i@j-!i;Y.h';;-J,,,!;'j\,i\" o,~: ,;;:; i"i'!ho"A;,~;;a1~i~jil\lll'l!Jk'lIfl!%~~~',:'(i'Jjwjr.~~~M :M~ 1- ~rl~i.mll1rt.-JillWiiIU'a.u~"~~',- TI /.. tl ( iLl '-'-'L, IIJII li' U l n U, s lid ''>/iJ "";)N" O,{ , ":;/0;; , I :)' ~.')f,JJ" . "~4/H'?!()~'!!,\J ~1 Y I, " J l!> " ,_~_" n>~._" ~ -. .,,po , fl. \.-_,,:;:1--"""'- COUI\IT'I" OF YORK OFFICE OF-'JHE SHERIFF ~'~ 28 tAST MARKET ST:; ~RK. PA 17401 SERVICE CALL (717}77I-96Ql '''''it ~. ., SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETliR~'. \fIri t of SUffiIT\0t1:;; 1. PLAINTIFFISI Deanna M. Murra~ 3. DEFEND'ANT/SI Rosp Delores Prindle at. a~. SERVE { 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO 8E LEVIED, ATTACHED, OR SOLD. . Rose Delores Prindle 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY. BORO. TWP.. STATE AND ZIP CODE AT '31. Old MH'. Road, Dii1sburo. PA 17012 7. INDICATE B!!RVICE: Q PERSONAL Q PERSON IN CHARGE }O DEPUTlZiCum~.T~ Q 1ST CLASS MAIL Q POSTED NOW "4 / 4 101 19 _I, SHE,RIFF olI~li\1'IK COt:lNTY, PA, do hereby deputize the sheriff(?f , . .' York . . OPUNTY to !!x!!cute thl$Writandmake retitrnthereofaccordiilg -to law. This deputation being made at the request and risk of the plaintiff. B. speCIAL INSTRUCTIONS OR OTHER INFORMATION THAT-WILL ASSIST IN EXPEDITING,SERVICE: Q OTHER SHERIFF OF ~~COUNTY Cumhe"c1 and )\DVIO:"'E FE" PD BY CUMBERLAND COUNTY SllERlf'P NOTE ONLY APPLICABLE ON WRIT-OF EXECUTION: N.S. WAIVER OF WATCHMAN ~ Any deputy sherjff levying upon or attaching, any property under within writ may leave same without a watchman, in custody of whomever-,is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. -rs~N8~Df~,~f1ifJ~EV10RIGI~ATOR and SIGNATUryE 10. TELEPHONE NUMBER 11. DATE FILED nOD LINGLESJ.'O,\Il~ RD., PO BOX 1177, 'HARRISBURG, FA J7LOE-i] n (717\ 431-1 UJ 12. SEND NOTICE OF SERVICECOPV TO NA~E AND ADDRI;SS BELOW: (This area must be comple~ed if-notice is to be mailed). C:J,'1BE.RLAND COUNTY J.. JJJDvJIG , 16. HOW SERVED: PERSONAL ( ) RESIDENC9\.) POSTED( ) POE() SHERIFF'S OFF ( ) 17.01 hereby certify and return a NOT FOUND because J am unable to locate the individual, company, corporation, etc, named above. 18. NAME AND- TITLE OF INDIVIDUAL SERVED I liST ADDRESS HERE-IF NOT SHOWN ABOVE (Relationstiip to Defendant) HnSRI1'.Jb 21. ATTEMPTS Int. Date Time Miles Int., Date OTHER ( ) SEE REMARKS , 22. R.~ARKS: ~:;: I , I/'?; -;,/)1 >-., ", f~ ..Ji. iLJ l;'0;/t/ j t- 23. Advan'ce Costs 32. Total Costs 33. Cost Due or Refund 36,,56 63,,44 ,39. Total Costs, 40. Cost Due or Refund ,~ \~ ~"\. i~\. 41. AFFIRMED and _~Ub~crlbed't~ bE;l:fore:'~e this 44. Signature of De. S eriff ;\P-R]J- -_ . .."tit.. ,,)f'fU45.Signature of York 42. day at "-_'_-~"- _.., -f;:r;--.;''''Y...._----CoUtlty.Sj1eriff' ;-'J/,_,p' /" _-~' /-~ c' 43 _,:.' "'/~/,lj~/",'(~, ." /., _ .,<;,} /':.t;.::-/.'~/~,;<..-/ it' "4-"-M '_ pc ~ '. 1'-' - ,,' _' . pr9th9nola-l6iOI~rY _~~Ji1' --, 46. J9n'atuik ot Foreign'.' ~ MY COMMISSION -EXPIRES ~,t -<~ , ;. ./' ~;,~ ' .. n Sheriff 50.1 ACKNOWLEDGE RECEIP'WFTHE SHERIFF'S RETURN SIGNATlJRE OF AUTHORIZED ISSUING AUTHORITY AND TITLE . 1. WHITE. Issuing Authority. 2. PINK . Atto~ey 3. CANARY - Sheriff's Office 4. BLUE ~ Sheriff's ,Office ! 0~ trl SO ANSWER. ;I -<~:>-(~~:,.i~,:--~ 47. Dqte " I./i,,"/<" 48. Date --' y,"h- /, ,,0';:;--' ;"~,. '-,'7/( />' .'/ /t /-0:( ,f j' 49. Date 51. Date Received. ~" ' - --~ . "'r '- ~,- ',';'ki=,,,,",-='..,,--,,:.,,,,,,,":I'",-,;,,'~_i_'''''';-^-,,''~,:_ .", '_'-" ;,,'i;i,l,--;';.. -,-',',"'-- ',0.,.;"",)--',.,-_, f Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants NOTICE TO PLEAD TO: P1aintiff and her counse1: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 7!{i>!fJf :133738.2 By: STEPHEN E. GEDULDIG, ES Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS -~ "-~"" - =-- -,- '-- '"" "<' ~ ,-.-. '~,'h~ ,,,,-,,-~., .,,,, '''~,,~'"-,,~;b;;'hO:',-;,''4',;';.< ",". '~-:" " ,- W;- Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT OF DEFENDANTS AND NOW, come Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., by and through their undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiff's Complaint: 1. Denied pursuant to Pa. R.C.P. 1029(e). 2. Admitted. 3. Admitted that Defendant, Exel Inc. is the proper name of the corporation, and that it has a place of business at 501 West Schrock Road, Westerville, Ohio 43081. - ,~ , '0'''' ~' ., ~,'I__"_t___-. ""r,;"eh>L.r;-" '"~ ~U~.;",-~,-,,~,< o_,,,.~,_,', -'< '''''j'' of' 4. Admitted that Plaintiff, Deana M. Murray ("Plaintiff") was a passenger in a 1987 Ford Aerostar minivan bearing license plate number PA ZET 890 on April 26, 1999, when the accident happened. To the extent that paragraph 4 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 5. Admitted in part and denied in part. It is admitted that Defendant Prindle was the operator of a tractor trailer, the tractor being owned by Exel Inc., and bearing license plate number PA AB98226. To the extent that paragraph 5 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 6. Admitted in part and denied in part. It is admitted that on April 26, 1999, the vehicle Defendant Prindle was driving was behind the vehicle in which Plaintiff was a passenger, on Silver Springs Road. To the extent that paragraph 6 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 7. Admitted in part and denied in part. It is admitted that the truck driven by Defendant prindle struck the rear of the van in which the Plaintiff was a passenger. To the extent that paragraph 7 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029 (e) . 2 ~ , ~-. , .= . .. , 8. No response is required as this is a conclusion of law. WHEREFORE, Defendants, Rose Delores Prindle, Exel Logistics, Inc., a!k!a Exel, Inc. and Exel Logistics, a!k!a Exel, Inc., respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. COUNT I DEANNA M. MURRAY v. ROSE DELORES PRINDLE NEGLIGENCE 9. No response is required as this is a paragraph of incorporation. 10(a)-(j). It is admitted that Defendant Prindle is responsible for the subject accident. To the extent that paragraph 10 and subparagraphs 10(a)-(j) purport to aver any facts, same are denied pursuant to Pa. R.C.P. 1029(e), and the balance of any allegations in paragraph 10 and subparagraphs 10(a)-(j) are denied as legal conclusions. II. Denied as legal conclusions. 12. Denied as legal conclusions. 13. Denied as legal conclusions. 14. Denied as legal conclusions. 15. Denied as legal conclusions. 16. Denied as legal conclusions. 3 - -, ,. -~.. ,"'~ , ""- -~, ",-. ''-'' ~~-',_h '~<~ _ ~_~. ,..~ . - ~.-J" !;__ 17. Denied as legal conclusions. WHEREFORE, Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. COUNT II DEANNA M. MURRAY v. EXEL LOGISTICS, INC., a/k/a EXEL, Inc., and EXEL LOGISTICS a/k/a EXEL, INC. VICARIOUS LIAIBLITY 18. No response is required as this is a paragraph of incorporation. 19. Admitted in part and denied in part. It is admitted that Defendant Prindle was an agent, servant and employee of Defendant, Exel Inc. To the extent that paragraph 19 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 20. Admitted in part and denied in part. As noted above, Defendant prindle admits responsibility for the subject accident. To the extent that paragraph 20 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 21. Admitted in part and denied in part. It is admitted that Defendant prindle was within the course and scope of her 4 .,~ "'~ .-,~ , ___ . o~ ~ - employment with Exel Logistics, Inc., at the time of said accident. To the extent that paragraph 21 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 22. Denied as legal conclusions. 23. Denied as legal conclusions. 24. Denied as legal conclusions. 25. Denied as legal conclusions. 26. Denied as legal conclusions. 27. Denied as legal conclusions. 28. Denied as legal conclusions. 29. Denied as legal conclusions. 30. Denied as legal conclusions. 31. Denied as legal conclusions. 32. Denied as legal conclusions. 33. Denied as legal conclusions. 34. Denied as legal conclusions. WHEREFORE, Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. 5 ~ I' , ,- .. , ~, ~<" --~,--, " ,;.d- '< ,~ ,- . -"~~. NEW MATTER 35. Paragraphs 1-34, above, are incorporated herein by reference as if fully set forth at length. 36. Plaintiff's claims are limited by the provisions of the Motor Vehicle Financial Responsibility Law. 37. Some or all of Plaintiff's alleged injuries and damages pre-existed the subject accident and were not, therefore, proximately caused by it. 38. Defendants plead a credit for any monies advanced. 39. Defendant asserts that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP lj{<cfot By: ~?;:5 STEPHEN E. GEDULDIG, ESQUIR Attorney I.D. No. 43530 :133738.1 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS 6 ~ ~ --"," ,- -~. .,", VERIFICATION I, Rose D,. Prindle, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. -1(lt>/O/ A?~f) ~A/;z~L--t'/-- Rose D. Prindle ~. ~.'" "".~~,~---">',, hO . L, , , ~J ",",'- " ""-~-"-'; - "'---,. .' ~-,-"-.." "''''" .- '=> ..,,, ~~-~ ,- '.' -,>,~ " ~.- - ~, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the lo11..day of July, 2001, on all counsel of record as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP ~~~ Stephen E. Geduldig, squire :130042.1 , . , DEANNA M. MURRAY, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/kla EXEL, INC., and EXEL LOGISTICS, a/kla EXEL, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER OF DEFENDANTS TO: Rose Delores Prindle, et aI., through their attorney of record: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 35. This is a paragraph of incorporation to which no response is required. 36. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiff's injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. 37. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs injuries and - .~__, I ' , ^ ' ~ ~ - ----~ , ~ ~ --" ~-,- ~~ -" ~~"-"'''~--'--'">~~~'"-- '"~ -~ -'", , , . damages did not pre-exist the subject collision and were proximately caused by the same. 38. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant is not entitled to a credit far any monies advanced. 39. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's action can not be barred by res judicata andlor collateral estoppel as it does not apply to the subject matter of this action. WHEREFORE, Plaintiff, Deanna Murray, respectfully request that this Court enter Judgement in her favor and against Defendants. HANDLER, HENNING & ROSENBERG, By ~J~ Steph n . H1lI, squire I.D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 ~ ~ - I . . . . VERIFICATION PURSUANT TO PA. RC.P. NO 1024 (c) STEPHEN G. HELD, ESQUIRE, state that he is the attorney for the party filing the foregoing document; that he makes this Affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater 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. g4904 relating to unsworn falsification to authorities. D'"~ ~'j, ,\~ . Step en G. Held, E:~:ire liliL:J<"\; . f,; I ':<, '!1 'co j~ ,"- " j' ~ j1.~ ,~ -. . . . CERTIFICATE OF SERVICE AND NOW, this Q~day of July 2001, I hereby certify that I have served the foregoing Plaintiff's Response to Defendant's New Matter, on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HANDLER, HENNING & ROSENBERG .~ - ~ -- , ~\'i ;i: "j i,;' j~ ,,, ~: . ~. '., /. " ~ ~ ~_ v ._^ ,~ "'I , '~ '~" ". " "_",",,0 ",," ,"'_.'__ .,..-' ,.> ......... r t . JNTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MURRAY Vs. NO. 011929 PRINDLE, ET AL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 STEPHEN E GEDULDIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the suopoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 07/13/01 ~--_.. t' STEPHEN E GEDULDIG, ESQUIRE 305 N FRONT ST POBOX 999 HARRISBURG, PA 17108 717-237-7119 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi File #: M276333 ,.~ -Po."'" ._, , 'J ,,_ ,~,~ . ~,~, " ~, ~. '., r , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . MURRAY Vs. PRINDLE, ET AL No. 011929 TO: STEPHEN HELD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s} 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 an objection to the subpoena. If no objection is made the subpoena may be served. Date: 06/21/01 STEPHEN E GEDULDIG, ESQUIRE 305 N FRONT ST POBOX 999 HARRISBURG, PA 17108 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s}: Copy of subpoena(s) Counsel return card File #: M276333 " """-' L,,; k-... -, -' . , "', '~>-,"""- w -" ,"' ""-'~ - ~ ",^<, , -~'ii~) , . CQMMJNWFALTH OF P~VANIA axJNI'Y.OF ~ . . MURRAY VS. Fi Ie No. 011929 PRINDLE, ET AL SUBPOENA TO PRODUCE OOCL.t1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ERIE INSURANCE, 4901 LOUISE DR BOX 2013, MECHANICSBURG PA 17055 (N;rne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to 'produce the following doct.rnent,; or things: , SEE ATTAl:HEU AUU~NUlJM at .,,', <;.\ >,' \, ::_'.i. ~ ,) ,:,:",,~', :,~~,,;}': tT>~,';;!V',:-.' ,,:',. , , " i. ': ,i:" < \'!i\.~:1::~'r j ,~-' MEDICAL LEGAL REPRODUCTIONS'(A6/Fe.-ss~94D DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of; "'OOi-pliance, to the party making thi, request at the address I isted 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 t~enty (20) days after its serv~ce, ,the partyservin$thh subpoena may seek a court orde.' ~elling you to carply with"it: . .' ..... '. .; '/" ....., '. ,,' :-,,',-,:- -. . " ,",' TH I S SU8POENA WAS NAI-E: ADDRESS : ISSUED AT THE REQUEST OF THE FOLLClH1NG PERSON: g~F.PHF.N E GEDULDIG, ESQ ~, I- ". .. 1 1~\":1 H .{ ,,,' i ',' '30::; N FRONT OT ,~RISBURG, PA1710a" 215-335-3212 ,'--" TELEf'HONE: r, 'i 'h' SUPREI'E COURT I D# ATTORNEY FOR: :_ : . ~ i:.i ~: ,(: ' DEFENDANT BY , l4fd .' " 'prbth0r06tary/Cl . ';d,. HDtvisien. ~lt!Jr'Q"'" .~. " .... '.' 'r-P/i..... i "'AjC~( ".' '. . . ''f. .... '. ty M276333-01 DATE;;"'~11t,,(jg/ :5cn'/'" ."., '.. seal dfth~',COUr't ' '," >, -, .';' \',':' ^.~!" '-;t'o ':. - Ir:, . , "~I' 'I! ,. " ( i-" 'i.' ( ." :' ~' ';:'j , " t: '.~ 'oj ,<, .j. 1 ~,';: (Eff. 7/97) .";,,;j' ., 1,1 .-::r . ,'" ". i"-:.' 'i. : I'" " , ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 I?RINDLE, ET AL CUSTODIAN OF RECORDS FOR: ERIEINSlijlANCE ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 FIRST PARTY BENEFIT. POL #Q07 1706221H; DATES OF ACCIDENTS: 4/26/99 AND 2/16/94 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed Authorlzed slgnature for ERIE INSURANCE Date CUMBERLAND M276333-01 *** SIGN AND RETURN THIS PAGE *** I~ '., .~~ ., '- -,~': , . COMKlNWEM.TH OF PENNSYLVANIA rouNrY OF aJMBERIAND MURRAY VS. Fi le No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRClCllk::E DOCl.l'ENTS OR TH I NGS FOR 0 I sroVERY PURSUANT TO RULE 4009.22 SUSQUEHANNA VAL PAIN MGMT, AND DR MALIK MOMIN, 175 LANCASTER BLVD TO: MECHANICSBURG PA 1.7055 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the folloWil19 doct.rnent!'l os~~n]ttTACHED ADDENDUM ,,_'._.' ',_' ,_,.: ~'T" \';'_:'~!"';~ .i::':,~::~ ~ ,;. ': ,If' . '~, I :':, :,: ;1 ;> L!, ' ;', at MEDICAL LEGAL REPRODUCTIONS'(AaYPe'ss~940 DISSTON ST. I PHILA" PA You may deliver or mail legible copies of the,doct.rnents or produce things requested b) this subpoena, together with the certificate 6f; cO'rpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonab IE cast of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its service,.,j;he partyserv)Q9,thi!; subpoena may seek a court orde" CClIl>el1ing you to carply withit,;" , " '." . '. nil S SUBPOENA WAS NA/oE : ADDRESS : I SSUED AT THE REQUEST OF THE FOLLON I NG PERSON: STEPHEN E GEDULDIG, ESQ 30s N FRONT ~T ,',; 1-,-, '-i,' ,'" , .l:'A 1.7108 I . HAKK.L::;'bUKG, TELERHONE:" ,"';.. SUPREI'E COURT lD # ATTORNEY FOR: , . 215-335-3212 ,', , 'I, I ~. ~: I - . , ,,' , " J," DEFENDANT Deputy BY M276333-02 '- ( l ",~ i ' , i 0, , , : ':", "_ i . .. DATE':I~t<<ni.0R~rd( '.' .'. S~~IOf~tfeCour~,' ',.' '.'. : i- , ," j f ;:..\ i; 1 : ~. ~_, ,,~, 1! !'. . .li', ,',a ..<:. . ' ~, -', 'i ,:L; 1'- j"',, , ~ l ~ i -: ~ .~..', , I';'; '. .. ;~~ '/ '\,1 , ,', , ~. '.' (Eff. 7/97) ,":-'.:':~':</',."./" l~ " _', ..:. .;-" ,.,,", > ,,1; . \ ~, ' .-:: ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 . PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: SUSQUEHANNA VALPAINMGMT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL ,X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFillD PHOTOCOPillS WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE; I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ) RECORDS ) X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed signature for SUSQUEHANNA VAL PAIN MGMT CUMBERLAND M276333-02 *** SIGN AND RETURN THIS PAGE *** - '. f!ljJI1 'M-';W; . ~TH OF PENNSYLVANIA COONl'Y OF aJMBERIAND MURRAY Vs. Fi Ie No. 011929 PRINDLE,'ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRoou:::E [)()CUoENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 HEALTHSOUTH REHAB, 175 S LANCASTER BLVD, MECHANICSBURG PA 17055 TO: (Ncme of Person or Entity) Within twenty (20) days' after service of this subpoena, you are ordered by the court to produce the following ~t~ "S~inA~TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,( INC, 4940 DISSTON ST., PHILA., PA . Address) You may deliver or mail legible copies of the documents or produce things requested ~) this subpoena, together with the certificate of ccrrpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the rea~onablE cost of pre9aring the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t",enty (20) days after its serv~ce, the party serving thin subpoena may seek a court orde,' =rpelling you to carply with it. IHIS SUBPOENA WAS ISSUED AT THE REOOEST OF THE FOLLOHING PERSON: ~: STEPHEN E GEDULDIG, ESQ ADDRESS : ~05 N FRONT ST IUffiRIODURG, rA 17108 215-335-3212 TELF.PH:)NE: SUPREI-E OOJRT I D# ATTORNEY FOR: DEFENDANT DATE: ~ill1 ~~8, :::JrY'\/ Seal of the~ M276333-03 (Eff. 1/97) .' ~ "- '~" ~, ~ ~",,-',- ,~ 'L.,'-'-l l' ,~~ -', ld ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 l?RINDLE, ET AL CUSTODIAN OF RECORDS FOR: HEALTHSOUTH REHAB ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYq ~EQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFmD PHOTOCOpmS WILL BE ACCEPTED IN LmU OF YOUR PERSONAL APPEARANCE. - - -- - - - - - - - - -... ----- ------------ - - -- - ---- RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAIlABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for HEALTHSOUTH REHAB CUMBERLAND M276333-03 "It "It "It SIGN AND RETURN THIS PAGE "It "It "It "* <Xl!M)NWEALTH OF PENNSYLVANIA a:xJNl'Y OF aJMBEREAND MURRAY VS. File No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOXE CiOCU-1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR TODD SAMUELS, 897 POPLAR CHURCH RD STE 107, CAMP HILL PA 17011 TO: (N<me of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent~ orS~9ATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(AJ~~~sr940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi[ request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) clays after its serv~ce. the party serving .thh subpoena may seek a court orde.- CGrpelling you to carply with it. TELF.PHONE: SU'REl"E cx:u:lT ID # ATTORNEY FOR: I SSUED AT THE REQUEST OF THE FOLLO/Il NG PERSON: STEPHEN E GEDULDIG, ESQ 305 N FRONT ST IUffiRIODURO; ~~ 17108 215-335-3212 THIS SUBPOENA WAS NAI-E : ADDRESS : DEFENDANT DATE: :)(Iff7.2 6;J~ ~()?JI_ Sea I of the Cdurt M276333-04 (Eff. 1/97) , ,. "'-""I , ADDENDUM TO SUBPOENA MURRAY Vs. NO. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: DR TODD SAMUELS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MBMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. -- - - - - - - - - - - - -- ------------ ---- -- - - -- --- RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS } X-RAYS ) PATIENT BILLING } RECORDS / XRAYS have been destroyed Date Authorized s~gnature for DR TODD SAMUELS CUMBERLAND M276333-04 *** SIGN AND RETURN THIS PAGE *** I~" "" " .- , ~ ~ ~t C()MM)NWE!\LTH OF pmNSYLVANIA CCUNl'Y OF CllMBERIAND MURRAy Vs. File No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOUCE oo::::LM:NTS OR TH I NGS FOR D IsroVERY PURSUANT TO RULE 4009.22 DR WALTER PEPPELMAN, 805 SIR THOMAS CT, HARRISBURG PA 17109 TO: (Ncrne of Person or Entity) Within tw~ty (20), days after service of this subpoena, you are ordered by the court to produce the following Pocunent'" orsmtngiTTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS{A&rr~~sf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docUments or produce things requested hI this subpoena, together with the certificate of carc:>liance, to the party making thh request at the address listed above. You have the right to seek in advance the reaso,.,ablE cost of prepari,.,g the copies or producing the things sought. If you fail to produce the documents or things required by this subpoe,.,a within t~enty (20) days after its serv~ce, the party serving thi,-; r;ubpoena may seek a court orde;- carpel1;ng you to ~ly with it. THIS SUBPOENA WAS NAI'E : ADDRESS: ISSl./ED AT THE REOOEST OF THE FOlLOt'IING PERSON: STEPHEN E GEDULDIG, ESQ TELEPH:lNE: SUPREl'E a::'UlT /0# ATTORNEY FOR: 305 N FRONT ST I~RIOnURG; ~A 17108 215-335-3212 DEFENDANT DATE: :S;.I/!~ ~{rcku (Jeo I Seal of the rt A r, -t!1. Prothonotary Ie k, . /hIil~ W' M276333-05 (Eff. 7/97) ~ . ~ r _i ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: DR WALTER PEPPELMAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. --.- -- - -- -- - - -- - -- - - - - ------- -- - - - - -- - --- RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR WALTER PEPPELMAN CUMBERLAND M276333-05 ** * SIGN AND RETURN THIS PAGE * ** --J1 ~TH OF pmNSYLVANIA COUNl'Y OF aJMBERI;.ND MURRAY Vs. Fi le No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOUCE DOC:U1ENTS OR lH I NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 . TO: HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 ATTN: MEDICAL RECORDS DEPT (Nerne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunento; OSE});inlTIACHED' ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(A7Jj~~ss)940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h, this subpoena, together with the certificate of carpliance, to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonab IE cost of preoaring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its servke, the party serving thi:> ~;ubpoena may seek a court arde'- carpelling you to ccrrply with it. lHlS SUSPOENA WAS ISSUED AT THE REOOEST OF THE FOLLCWING PERSON: NAME: STEPHEN E GEDULDIG, ESQ ADDRESS: ~05 N FRONT ST HARRIODURG, ~A 17108 215-335-3212 TELEPH::lNE: SUPHEI"E co.A'!T I 0 # ATTORNEY FOR: DEFENDANT M276333-06 DATE: ::5 (Eff. 1/97) ',--, ,",.,..", "- " '.."" ~,--."~,,, . ,__.,~ c ~~ -c ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 'PRINDLE, ET AL CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Date Authorized signature for HOLY SPIRIT HOSP CUMBERLAND M276333-06 *** SIGN AND RETURN THIS PAGE *** " '~-"'~"- ",' ~- " -. '~ ~ - -, ' - . - , - ~, -~ COMMJNWE!\LTH OF PENNSYLVANIA <XXlNI'Y OF aJMBERIAND MURRAY VS. Fi Ie No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOlX)E DCO..M:NTS OR lH I NC3S FOR DISCOVERY PURSUANT TO RULE 4009.22 DR STUART HARTMAN, 2645 N THIRD ST STE 490, HARRISBURG PA 17110 . TO: (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!': ~EftinX~TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(1!~~s~r40 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested b> this subpoena, together with the certificate of carpliance, to the party making thi~ request at the address 1 isted above. You have the right to seek in advance the reasonab IE ~ost of pre9aring the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within t~enty (20) days after its servke, the party serving thh nubpoena may seek a court orde" carpelling you to <:a1"Ply with it. IH I S SUBPOENA WAS IiA1'E : ADDRESS : ISSUED AT lHE REQUEST OF lHE FOllOr'/ING PERSON: STEPHEN E GEDULDIG, ESQ 305 N FRONT ST I~RIOBURG,' rA 17108 215-3"15-3212 IElEPHJNE: SUPREI'E cx:u?T I D # ATTORNEY FOR: DEFENDANT DATE: ,-S;'ffI t. j~, ~JClL Seal of the cOurt M276333-07 (Eff. 1/97) . ~ """',-- ",,~,_c__~ ^'",,_ .___", '~dj. ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 . PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: DR STUART HARTMAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR STUART HARTMAN CUMBERLAND M276333-07 * ** SIGN AND RETURN THIS PAGE ** * CQ!M)NWEALTHOF P~VANIA axmrY OF aJMBERIAND MURRAY VS. File No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRcx:lln:: [)()CU1ENTS OR TH I NGS FOR D I sroVERY PURSUANT TO RULE 4009. 22 DR DOUGLAS MARKS, 2340 DERRY ST, HARRISBURG PA 17104 TO: (Ncrne of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent>; OSEitinlTIACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,( uic, 4,940 DISSTON ST., PHILA., ~-._-- Address) You may deliver or mail legible copies of the documents or produce things requested hI this subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of pre9aring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serY~ce, the party serving thh subpoena may seek a court orde.- carpelling you to carply with it. THIS SUBPOENA WAS NAfoE : ADDRESS : ISSUED AT THE REQUEST OF 1HE FOLLCIr'/ING PERSON: STEPHEN E GEDULDIG, ESQ 305 N FRONT ST II1\:RRICBURC, 1'1'. 17108 215-335-3;l12 TELF.PH:lNE: SUPREI-E OOJRT I D# ATTORNEY FOR: DEFENDANT DATE: 3()Jl1 {! ~d(XJ)I_ . Seal of the t ,," D1'~ )~, bepu BY M276333-08 (Eff. 7/g7) "<. ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: DR DOUGLAS MARKS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Authorized signature for DR DOUGLAS MARKS Date CUMBERLAND M276333-08 *** SIGN AND RETURN THIS PAGE *** ';,! COMMJNWEM,TH OF PENNSYLV1\NIA COUN1'Y OF aJMBERlAND MURRAY VS. Fi Ie No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRoo.x:E DOCl...M:NTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RUlE 4009.22 DR LEW STOKER, 333 ALEXANDER SPRING RD, CARLISLE PA 17013 . TO: (Na-ne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa.rnentl'l orsE~n]{TTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS\A~~sst940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of pre9aring the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within tw.enty (20) days after its serv~ce. the party serving thh subpoena may seek a court orde.' carpelling you to carply with it. TH I S SUBPOENA WAS NAl'E : ADDRESS : ISSUED AT THE REQUEST Of THE FOLLCI.'IING PERSON: STEPHEN E GEDULDIG, ESQ TELEPHJNE: SUPRB"E COJRT I 0 .~ ATTORNEY FOR: 305 N FRONT ST IlARRIODUR-G, PI\. 17108 215-335-];H2 DEFENDANT DATE: 3'lllY1.R c0} ~\ Seal of the COUrt M276333-09 (Eff. 7/97) ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: DR LEW STOKER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Date Authorized signature for DR LEW STOKER CUMBERLAND M276333-09 *** SIGN AND RETURN THIS PAGE *** 'I~ , . <__'^ '-';'1' h"'< ;' "~;~- ~TH OF PENlSYLVANIA axJNl'Y OF aJMBERIAND MURRAY VS. File No. 011929 PRI~DLE, ET AL ORIGINAL X-RAYS REQUESTED . TO: SUBPOENA TO PRODUCE DCiCl.t'ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HEALTHSOUTH MED CLINIC, 6230 CARLISLE PK, MECHANICSBURG PA 17055 ATT~: MEDICAL RECORDS DEPT (Ncrne of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doct..ment~ osEiinA~TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(A~estf40 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested hI this subpoena, together with the certificate of carpliance, to the party making thi~ request at the address listed above. You have the right to seek in advance the reasonablE cost of pre9aring 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 serv~ce, the party serving thi!l subpoena may seek a court orde'- c:arpelling YOU to carply with it. TELF.PH:lNE : SUPREi"E <:XUlT I D # ATTORNEY FOR: ISSUED AT lHE REQUEST OF 1HE FOLLClNING PERSON: STEPHEN E GEDULDIG, ESQ 305 N FRONT ST UlillRIGDURG,' I'1\ 17108 215-335-3212 THIS SUBPOENA WAS N.Al'E : ADDRESS : DEFENDANT DATE: ~..lA1} _15<: ,,7(J('){ Sea I of the ~r~ M276333-10 (Eff. 7/97) =,- . - ,- -~ ,~- ^--, - .~ ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 . PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: HEALTHSOUTH MED CLINIC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS Authorized signature for HEALTH SOUTH MED CLINIC Date CUMBERLAND M276333-10 *** SIGN AND RETURN THIS PAGE *** CCHf)NWEALTH OF PENNSYLVANIA roJNr'L OF aJMBERIAND MURRAY Vs. File No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRoox:E DOCl..t1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 . TO: COMM GEN OSTEO HOSP, 4300 LONDONDERRY RD, HARRISBURG PA 17109 ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prOduce the following docunent!l os:EiJ;inA~TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(A~~essl940 DISSTON ST., PRILA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of carpliance, to the party making thi~ request at the address listed above. You have the right to seek in advance the reasonablE cost of pre9aring 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 serv~ce, the party serving thin r,ubpoena may seek a court orde.' corpelling you to carply with it. TH I S SUBPOENA WAS NAME: ADDRESS : ISSUED AT THE REQUEST OF THE FOLLONING PERSON: STEPHEN E GEDULDIG, ESQ TELEPHONE: suPREI'E <:cUlT 10# ATTORNEY FOR: ,05 N FRONT ST IUffiRIGDURG, rA 17108 215-335-3212 DEFENDANT BY M276333-11 DATE: :17,//TLR ~'6, /J.Of'J I Seal of the CoUrt L6 {1 P'ot'='d' ;JYLL~/l~ (Eff. 7/97) ~-, .~, -". ",~ -,,"' '. ' " , - illI~ji;":i ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: COMM GEN OSTEO HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - -- - -- - ----------- ---- ---- - -- - ----- RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS ( ( PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for COMM GEN OSTEO HOSP CUMBERLAND M276333-11 *** SIGN AND RETURN THIS PAGE *** ",~,,~-"., ,~". ~","'~""" - '" - <"U'. CCHf)NWFALTH OF PEl'lNSYLVANIA roJNr'L OF aJMBERLI\ND MURRAY Vs. Fi Ie No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRoox:E ooc:tM:NTS OR THINGS FOR 0 I SCOVERY PURSUANT TO RULE 4009.22 CENTRAL PA SURGICAL ASSOC, 4319 LONDONDERRY RD, HARRISBURG PA 17109 . TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prOduce the following docunent!l orsE'lin1{TTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS\Aag~ess1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b) this subpoena, together with the certificate of carpliance, to the party making thi~ request at the address listed above. You have the right to seek in advance the reasonablE cost of pre9aring 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 serv~ce, the party serving thi<; r,ubpoena may seek a court orde.' carpel ling you to carply with it. TH I S SUBPOENA WAS NAME: ADDRESS : ISSUED AT THE REQUEST OF THE FOLLONING PERSON: STEPHEN E GEDULDIG, ESQ TELEPHONE: SUPREI'E <:cUlT 10# ATTORNEY FOR: 105 N FRONT ST IllffiRIGDURG, rA 17108 215-335-3212 DEFENDANT BY (/j, - k, ,11 D;';'~ _fA )J4-tm~t . M276333-12 DATE:-=\f.ulJi. :l<f:/ o?[:()1 Sea I of the Court (Eff. 7/97) ~j ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 . PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: CENTRAL PA SURGICAL ASSOC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. ---- - - - - - -- - - --- ----------- - --- - -- - -- --- RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CENTRAL PA SURGICAL ASSOC CUMBERLAND M276333-12 *** SIGN AND RETURN THIS PAGE *** .~- >- .,-,. .. ~'" COMMJNWE/\LTH OF PENNSYLVANIA CXXJNl'Y OF aJMBE:RU\ND MURRAY Vs. File No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRoox:E DOCl..t1ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009. 22 REHAB OPTIONS, 2645 N THIRD ST STE 460, HARRISBURG PA 17109 . TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doct.rnent!l "SEjtn~TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,( INC, 4940 DISSTON ST., PRILA., PA Address) You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of carpliance, to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonab IE cost of pre9aring 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 serv~ce, the party serving thin subpoena may seek a court orde.' carpelling you to carply with it. TH I S SUBPOENA WAS NAME: ADDRESS : ISSUED AT THE REQUEST OF THE FOLLONING PERSON: STEPHEN E GEDULDIG, ESQ 105 N FRONT ST lIARRIGDURG, rA 17108 215-335-3212 TELEPHONE: SUPREI-E <:cUlT 10# ATTORNEY FOR: DEFENDANT DATE: SU/I1.-R - c0t C):Jr) f Seal of the Court M276333-13 (Eff. 7/97) ,.~" ,-- ~ " "" , " ~'. ~~ ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 . PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: REHAB OPTIONS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Date Author1zed signature for REHAB OPTIONS CUMBERLAND M276333-13 *** SIGN AND RETURN THIS PAGE *** , -, , ~- "' -" 'O"~ '-,_""," ["J!ilJl;iJl,l:l;:i,,:, I" .. lXJMM)NWEALTH OF PENNSYLVANIA a:xJNl'Y OF aJMBERtANo MURRAY Vs. Fi Ie No. 011929 PRINDLE, ET AL ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRoox:E DOCl..t1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR STEVEN MORGANSTEIN, 805 SIR THOMAS CT, HARRISBURG PA 17109 . TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!l os:afuinA~TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS'(1~~~s!f40 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of carpliance. to the party making thi, request at the address listed above. You have the right to seek in advance the rea sonab IE cost of pre9aring the copies or producing the things sought. I f you fail to produce the docurents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thb subpoena may seek a court orde.' CCllllelling you to carply with it. T"ELEPH:lNE: sUPREI'E <:cUlT 10 # ATTORNEY FOR: ISSUED AT THE REQUEST OF THE FOLLONING PERSON: STEPHEN E GEDULDIG, ESQ 305 N FRONT ST IUffiRIGBURG, I'1'. 17108 215-:535-3212 Tli I S SUBPOENA WAS NM-E: ADDRESS : DEFENDANT M276333-14 DATE: SU/r1J d!J. :tnl Seal of the rt (Eff. 7/97) "" ,_. ""~H' ~- , - - ,m """"~_"'-' '... "r, ,''"'' " , - -~ I'" , ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: DR STEVEN MORGANSTEIN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH: 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed X-RAYS Date Authorized signature for DR STEVEN MORGANSTEIN CUMBERLAND M276333-14 *** SIGN AND RETURN THIS PAGE *** .~, _ ~=o~., .- '," - ,~- - ~M"l, ~ , 1 .. COOM)NWE2\LTH OF PENNSYLVANIA COUNl'Y OF ~ MORRAY Vs. F; Ie No. 011929 PRINDLE, ET AL SUBPOENA TO PRoox:E DOCU1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 SOCIAL SECURITY ADMIN, 555 WALNUT ST, HARRISBURG PA 17101 TO: (Name of Person or Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to prOduce the following docunent!l os~n~tTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,( INC, 4940 DISSTON ST., PHILA., PA Address) You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of carp liance , to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cOst of pre9aring 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 serv~ce, the party serving thin r,ubpoena may seek a court orde.' CO'rpelling you to carpJy with it. TH I S SUBPOENA WAS NAI-E : AOORESS: ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: STEPHEN E GEDULDIG, ESQ 305 N FRONT ST lIARRIODURO, I';~ 17108 215-335-3;<12 TELEPHONE: SUl>REI'E COJRT 10# ATTORNEY FOR: DEFENDANT M276333-15 DATE:~j/l1t~ ,,'71<' ",?iJm Seal of t e~ (Eff. 7/97) ~, "' .' '"' ,""-',=" '~,-, - ~-. ,-- , '-'-'-C:!i.~m~,,_ ,~"~.- ~, '0 t ;.'. ... ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR: SOCIAL SECURITY ADMIN ANY AND ALL SOCIAL SECURITY FILES, APPLICATION FOR BENEFITS, MEDICAL RECORDS AND PAYMENTS TO CLAIMANT. PERTAINING TO: NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH:.OS/19/56 SSAN: 179449044 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed RECORDS Date Authorized signature for SOCIAL SECURITY ADMIN CUMBERLAND M276333-15 *** SIGN AND RETURN THIS PAGE *** DEANNA M. MURR1\Y, lUaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/kla EXEL, INC. and EXEL . LOGISTICS alkla EXEL, INC. CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S BRIEF IN RESPONSE TO DEFENDANTS' MOTION TO COMPEL I. Factual and Procedural History Plaintiff, Deanna Murray, initiated this action by filing a Writ ofSlIIl1Illons on April 3, 2001. On or about May 22, 200 I, Plaintiff filed a Complaint alleging that she suffered damages as a result of a motor vehicle collision that took place on April 26, 1999. Thereafter discovery was initiated and on or about June 8, 2001, Defendant sent Interrogatories. Plaintiffresponded to Defendants' Interrogatory # 25, which sought information regarding Plaintiff s prior psychiatric or psychological treatment, by objecting that the Interrogatory is overly broad and burdensome and would not lead to discovery of information relevant to this action. On or about October 9, 2001, Defendants filed a Motion to Compel an answer to written discovery regarding Plaintiff s history of psychiatric or psychological care or treatment. This Brief is filed in response to Defendants' Motion to Compel. II. Statement of Question Involved: SHOULD DEFENDANTS BE DENIED AN ANSWER TO THEIR INTERROGATORY # 25 ALTHOUGH PLAINTIFF HAS ALLEGED IN HER COMPLAINT THAT SHE 1 .-- ,.. ,', "--,,"""~ ',,~,,~,--,,-- ~', -'''';.'''''''--~~'--,-,,, ',,;' ,-, ", l"~''''"' --'" ""-H i i F ! i, SUFFERED MENTAL ANGUISH, A LOSS OF LIFE'S PLEASURES, EMBARRASSMENT AND HUMILIATION AS A RESULT OF THE MOTOR VEHICLE COLLISION THAT IS THE SUBJECT MATTER OF THIS LAWSUIT? L i: I. .' . , " Suggested Answer: Yes , , !, III. Argument: i' In this case, the Plaintiff, Deanna Murray, has not placed her mental condition in controversy f' , " I-~ , " I:, I Ii j' by alleging in her complaint that she suffered mental anguish, loss oflife' s pleasures, embarrassment or humiliation. The Plaintiff did not make any separate tort claim based upon mental damages. , :; Plaintiff does not seek to present an expert to testify about mental anguish, loss oflife's pleasures, embarrassment or humiliation. Further, Plaintiff is not seeking compensation for any treatment received by any psychologist or psychiatrist In Smith v. J.I. Case COIlloration, 163 F.R.D. 229 (E,D.Pa. 1995), a products liability case, the defendant sought to obtain Plaintiff's psychological records. The court found that the defendant was not entitled to plaintiff s psychological records, with the exception of records of a behavior psychologist whose bills the plaintiff claimed were cOI?pensable. Any psychiatric disorders from which plaintiff has suffered are not relevant to this case. Further, so long as plaintiff does not claim that psychological treatment for the "embarrassment" which he suffers as a result of his injury is compensable, I shall not require him to provide defendant with records of therapy sessions in which he discussed this issue. Even if certain of these records are not privileged, which defendant argues, they concern very private matters which I shall not order plaintiff to divulge in the absence of evidence that they will lead to the discovery of admissible evidence. Smith v. J.I. Case Corporation, 163 F.R.D. 229 (E.D.Pa. 1995) (Emphasis added). "The practice (psychological de1vings including exams) seems to be more and more in vogue of late for defendants to seek to partake of the in terrorem tactic of visiting upon a plaintiff a 2 "," -, ~~ , ~, ~ ~--' ~-_'~'''I''~''=''''H " '" .'_," , _" "'_1', '.-"<"__'h,'__< "c',,, ~",2,' ,_0 , , , particularly intrusive incursion." Smith vol!. Case COJ:poration, 163 F.R.D. 229 (E.D.Pa. 1995). :;! !.: In Fetterhoffv. Zalezak, 34 Pa. D.& CAth 67 (C.P. Dauphin, 1996), the plaintiffs filed a !i i-i "I complaint seeking various damages as a result of a motor vehicle accident Plaintiff sought, inter , ~ alia, damages for future pain and suffering and diminution of her ability to enjoy life's pleasures. > t-! The defendant sought to obtain plaintiff's psychological treatment records claiming that the plaintiff , ~ I waived any privilege by putting her psychological condition at issue. The court noted that under , ~ J ;--1 " I 'r, ij ,! , '" . ,I I I j I I I I i , , !) '~ Rost v. State Board ofPsvchology. 659 A2d 626 (Pa.Cmwlth. 1995), where a Plaintiffin a civil suit places his or her mental condition directly at issue, the privilege is waived as to that condition and the plaintiff must either consent to the disclosure of information at issue or be precluded from pursuing claims related to his or her emotional and mental condition. "However, the scope of the waiver is not without limits. As stated in Premack v. J.C.J. Ogar Inc., 148 F.R.D. 140 (E.D.Pa. 1993), waiver extends only 'as to those communications directly related to the incident [or condition] that is the subject matter of the litigation.' Fetterhoff V. Zalezak, 34 Pa. D.& CAth 67 (CoP. Dauphin, 1996) (citing Rost and Premack, supra). In Fetterhoff, Judge Turgeon addressed a prior Dauphin County common pleas case wherein the court ruled that a plaintiff cannot waive the privilege in a civil action and that therefore psychological records were protected from discovery. Judge Turgeon noted that while this case was overruled by Rost. the result in that case may have still been correct because the mental condition alleged by the plaintiff was not an independent psychological injury but an allegation of general mental suffering ofthe type that often accompany such personal injury actions. 3 The Fetterhoff court found that the plaintiff dId not place her psychological condition at Issue. She made no allegation of mental suffering beyond her pain and suffering claim and sought no damages for mental health treatment. In the plaintiff s complaint, she merely sought recovery for normal pain and suffering damages commonly associated with her alleged injuries. Therefore, the i:, court ruled, that defendant's motion to compel discovery should be denied. {--,' The Fetterhoff case is analogous to the present matter because the Plaintiff, Deanna Murray, ;"1 is not making any independent tort claim for mental or psychological damages. Rather, Plaintiffs t! claims surround the injuries she sustained as a result of a motor vehicle collision and any mental or ,-I ;j; psychological injuries for which she is seeking damages should fall under the general ambit of pain H u .' '-' and suffering. Defendants should not be given the opportunity to obtain embarrassing and humiliating material concerning plaintiffs absent some credible evidence that forcing the Plaintiff to provide this information will lead to the discovery of admissible evidence. In basic garden-variety tort quests for damages, which include claims for pain, suffering, embarrassment, humiliation and mental anguish, forcing the Plaintiff to waive their psychological or psychiatric privilege should be the exception and not the rule. 4 - -, '",.~" - y - < ^ ~.- . .- ~ """ ^'- "n"",""_ '. -.,~,,_ ,,,,,,___, _",,,_"", ""_'~_y_ ,_ ,~~. '.j ,'J , i , ':,1 WHEREFORE, Plaintiff, Deanna Murray, respectfully requests that this Honorable Court :'j ':1 ,j ,:1 i'J !--1 :::J "] n , " i , Deny Defendants' Motion seeking to compel Plaintiff to disclose information regarding her prior psychiatric or psychological treatment t e . Held, Esquire LD. No. 72663 1300 Linglestown Road P.O. Box 60337 Harrisburg, P A 1711 0-1177 (717) 238-2000 Attorney for Plaintiff I :1 , :--, ,I :1 :1 I "J I , 'j j ,I I :1 I i ~ :! Respectfully submitted, Date:J{~!~ By 5 -~' - . '~'~""""""'~ - " ~ ... ~. .34 Pa. D. & C.4th 67' 1996 WL 943779 (Pa.Com.PI.) Court of Common Pleas of Pennsylvania, Dauphin County . Fetterhoff v. Zalezak No. 4152 S 1995. September 11, 1996. On September 15, 1995, the plaintiffs filed a complaint against the defendant seeking various damages as a result of an automobile accident which occurred on November 15, 1993. It is alleged that defendant's negligence caused plaintiff Christine Fetterhoff to suffer "severe and permanent injuries to her neck and back causing" chronic cervical sprain and strain, left shoulder rotator cuff tendinitis and cervical radiculopathy. (Con I L)t Plaintiff seeks, among other things, damages for future pain and suffering and diminution of her ability to enjoy life's pleasures. (Complaint 111114 and 16.) Plaintiff also seeks payment of her medical expenses. (Complaint 1115.) West Headnotes Pretrial Procedure <$=>36.1 307 Ak36.1 Most Cited Cases Where plaintiff made no allegation of mental suffering beyond her pain and suffering claim and sought no damages for mental health treatment, she did not place her psychological condition at issue, and defendant was therefore not entitled to discovery of plaintiff's psychological treatment records. TURGEON, J. Gerald C. Kramer, for plaintiffs. James G. Nealon III and Deborah A. Cavacini, for defendant. During discovery, defendant received medical records from plaintiff's providers indicating that plaintiff has a history of depression and that outside stresses may be a factor in the plaintiff's persistent pain. [FNI] In addition, defendant learned plaintiff had been referred to and treated by Thomas Fink Ph. D., of the Hershey Pain Management Center. ~ ~ .." ~",-=.;.c~. ' ~ '_,,-~ ,"'~ . Page 2 Defendant requested copies of Dr. Fink's records but was refused. Accordingly, on March 19, 1996, defendant filed a motion to compel the discovery of plaintiff's psychological treatment records in the possession of Dr. Fink. Plaintiffs argue the records are privileged pursuant to section 5944 of the Judicial Code which recognizes a privilege of confidential communications between patients and their psychiatrists and licensed psychologists: FNl. The records indicate a history of depression and the prescription of Prozac. that plaintiff has "psychological issues which may be adding extra stress to this patient which could result in the worsening of spasms," and that her treatment providers "feel that stress has played a roll (sic) in this patient's syndrome." (Defendant's brief. exhibit A.) "No psychiatrist or person who has been licensed under the Act of March 23, 1972 (P.L. 136, no. 52), to practice psychology shall be, without the written consent of his client, examined in any civil or criminal matter as to any information acquired in the course of his professional services in behalf of such client. The confidential 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." 42 Pa.C.S. ~5944. The defendant counters that the plaintiff has waived raising this privilege by putting herpsychological condition at issue. Plaintiffs rely principally on a 1992 case in which I held that the psychiatrist! psychologist-patient privilege was absolute and not subject to waiver. McInnis v. John Wanamaker's Inc., 112 Dauph. Rep. 130 (1992) (citing Commonwealth v. Kyle, 367 Pa. Super. 484, 533 A.2d 120 (1987), alloc. denied, 518 Pa. 617, 541 A.2d 744 (1988)). See also, Commonwealth v. Wilson, 529 Pa. 268, 602 A.2d 1290 (1992), cert. denied, 504 U.S. 977, 112 S.Ct. 2952 (1992). McInnis involved a civil lawsuit in which plaintiff alleged that in addition to the physical injuries she sustained from an escalator accident, she also suffered mental anguish, suffering and humiliation. However, as noted in an opinion issued last week, under recent appellate case law, the privilege is not absolute in civil actions, Nardella v. Datillo, nos. 1678 S 1994 and 2570 S 1994 (Dauph. C.P. Sept. 3, 1996), citing as follows: Copr. @West2002NoClaimtoOrig. U.S. Gov!. Works "'~ - ~ "~~..........J .. ~~ '34 Pa. D. & CAth 67 "[Slince McInnis was decided, the Commonwealth Court has held that the privilege may be waived, in civil actions, 'where the client places the confidential information at issue in the case.' Rost v. State Board of Psychology, 659 A.2d 626, 629 (Pa. Commw. 1995) (citing Premack v. J.e.J. Ogar Inc., 148 F.R.D. 140 (E.D. Pa. 1993)). See also, Loftus v. Consolidated Rail Corp., 12 Pa. D. & CAth 357, 359 (Cumb. C.P. 1991). Thus, it is controlling appellate law under Rost that where a plaintiff in a civil suit places his or her mental condition directly at issue, the privilege is waived as to that condition and the plaintiff must either consent to the disclosure of the information at issue or be precluded from pursuing claims related to his or her emotional and mental condition. Rost and Premack, supra.... "However, the scope of the waiver is not without limits. As stated in Premack, waiver extends only 'as to those communications directly related to the incident [or condition] that is the subject matter of the litigation.' Id. at 145." Id. at 4, 5. In a footnote appended to this last sentence, I stated as follows: "Accordingly, insofar as McIunis held that waiver cannot occur in a civil action, it was overruled by Ros!. However, the result in that case may have still been correct in that the mental condition alleged by the plaintiff was not an independent psychological injury but an allegation of general mental suffering of the type that often accompany such personal injury actions. See Nicholaides v. Weber at 261, I I ~ -~ " ~ '11;'" . Page 3 262 n.IO (Judge Wettick noted that his holding that a waiver under section 7111 of the Mental Health Procedures Act occurred where a plaintiff alleged severe emotional trauma requiring psychiatric treatment, did 'not necessarily extend to a personal injury action in which there is no claim for mental health treatment and recovery is sought only for the emotional distress which is ordinarily associated with the injury.')" Id. at 5 n.!. In this case, the allegations in the complaint indicate that. plaintiff has not placed her psychological condition at issue. She has made no allegation of mental suffering beyond her pain and suffering claim and., seeks no damages for mental health treatment. Plaintiff does not seek recovery for medical expenses associated with her treatment by Dr. Fink at the Hershey Pain Management Center. In her complaint, the plaintiff merely seeks recovery for normal pain and suffering damages commonly associated with her alleged injuries. Accordingly, we enter the following: ORDER And now, September 11, 1996, defendant's motion to compel discovery of psychological treatment records is hereby denied. END OF DOCUMENT Copr. @ West 2002 No Claim to Orig. U.S. GoV!. Works .. <'~.,~ ." . -:-_-_--,--,-----r::-_ ~I~' 'r.,~__.,". ., ,," ,J,,~;,:~-_;; ;,,;,~ ;" ~ I ' ,__ '_ ;''"' _, - "" _,'; ;^~, ,-,'.-,~, "0'-'"'' ", . '", 0>, , . ... . FEB 2 1 2002Ul DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants RULE TO SHOW CAUSE AND NOW, this day of , 2002, upon consideration of the foregoing Motion, IT IS HEREBY ORDERED days of service of this Rule, why to Show Cause within the Motion should not be granted. BY THE COURT: J. , -~' t '-," I' "~'- ,--;" " ':_' ~~-,-, ;,' h' I ',', ",: -,->-:;_~ 1,;;0,;;;-.',:.;," ,~ ' - -' ~~f;: '_.,c_,J,___- .. , DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants ORDER AND NOW, this day of , 2002, upon consideration of the attached Motion to Compel of Defendants, Rose Delores Prindle, Exel Logistics inc. and Exel Logistics, it is hereby ORDERED that Plaintiff Deanna M. Murray shall attend an Independent Psychological Examination with Rick SIeber, M.A., or suffer the imposition of sanctions pursuant to Pa.R.C.P. 4019. BY THE COURT: J. (, _ ",'I .'"'--__0 ^~.','_"f' -"" ";'0'",'_'" ,-_el " -~,-- ;-': '_or' ",'_W_' ,"'i"i_':';, J.' '~"l~i .~ .. Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237"7100 E-Mail: seglaJtthlaw.com Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL WGISTICS, INe. and EXEL LOGISTICS DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants DEFENDANTS' MOTION TO COMPEL AND NOW come the Defendants, Rose Delores Prindle, Exel Logistics Inc. and Exel Logistics, by their attorneys, Thomas, Thomas & Hafer, LLP, and move your Honorable Court to Order Plaintiff to undergo an Independent Psychological Examination and in support thereof aver as follows: 1. On April 3, 2001, Plaintiff Deanna M. Murray filed a Writ of Summons to commence an action against Defendants to recover damages arising out of a motor vehicle accident on April 26, 1999. 2. Plaintiff filed her Complaint on May 22, 2001, alleging that she suffered physical injuries as well as mental ( .. -'I '."" 'u," _, <-' ,-,,'.' - iJ "~ ,I,.: ' ',; A,~,,~~;id" :"'<<::;'''';''.1'':,,,;,,_; "'- :.:J," '-";"'-:~1 j L'_ '- . anguish, emotional loss, loss of life's pleasures, humiliation and embarrassment. See Plaintiff's Complaint, attached hereto and marked Exhibit "A". 3. By alleging mental anguish, loss of life's pleasures, embarrassment and humiliation, Plaintiff has placed her psychological care or treatment at issue. 4. This court has previously recognized that Plaintiff has placed her psychological care or treatment at issue when it entered the January 8, 2002 Order compelling Plaintiff to sign authorizations to allow Defendants to obtain Plaintiff's psychological records. A true and correct copy of that Order is attached hereto and marked Exhibit "B". 5. Pursuant to Pa.R.C.P. 4010, when the mental or physical condi tion of a party is in controversy, the Court in which the action is pending may order the party to submit to a physical or mental examination by an examiner or to produce for examination the person in the party's custody or legal control. 6. Counsel for Defendants attempted to obtain available dates for an Independent Psychological Examination of the Plaintiff on more than one occasion. See correspondences of Defendants' counsel dated October 25, 2001, and December 14, 2001, attached hereto and marked Exhibits "C" and "D", respectively. 7. In a letter dated November 20, 2001, counsel for Plaintiff clearly indicated that Plaintiff would not undergo an 2 'I, ',1,-- - ~'" ' " 1 - 'r." ,"" '. ,~-- .1.,,; -",' ., -'.'- ,;""~',:~~_:,,,~;.,,.,,,-- -' . '''''~'~'if'i , ; . Independent Psychological Examination without a court order. See correspondence of Plaintiff's counsel dated November 20,2001, attached hereto and marked Exhibit "E". 8. Plaintiff has failed to set forth any basis for refusing to have Plaintiff attend an Independent Psychological Examination. 9. The Independent Psychological Examination is essential to the defense of this action. WHEREFORE Defendants respectfully request this Honorable Court to issue an Order compelling Plaintiff to undergo an independent psychological evaluation with Rick Sleber, M.A., or suffer the imposition of sanctions pursuant to Pa.R.C.P. 4019. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 2-.(( s-1 ~ <- ~ c. By: --=---- STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 :145238.1 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS 3 , DEANNA M. MURRAY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1929 CIVIL ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a, EXEL, INC., Defendants CIVIL ACTION - LAW IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this 8'''' day of January, 2002, the motion of the defendants to compel plaintiff, Deanna M. Murray, to answer defendants' interrogatory number 25, is GRANTED and the plaintiff is directed to answer defendants' interrogatory number 25 within twenty (20) days of the date of this order or be precluded from pursuing her claims related to her emotional and mental condition. It appearing that there has been no request for production of documents, the motion to compel plaintiff to sign medical authorizations is DENIED as premature. BY THE COURT, /Stephen G. Held, Esquire _'.,1,>".)) For the Plaintiffs C, ~ ~tephen E. Geduldig, Esquire rq'9~ For the Defendants ~ :rlm - "L" I .. n < DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC., and EXEL LOGISTICS, a/k/a EXEL, INC. Defendants CIVIL ACTION - LAW () r C" 0:i:- ~~ '._11 JURY TRIAL DEMANDED '2c ~~~ -- .:r.-.:,--., 1"....'} [ .~.! ..... '_.: _'_,_J ~ -'.--:- j ~ 1 NOTICE )> ;~~ ~ -<. (...) :::---, ~::.:J -< 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 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 TillS 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. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, P A 17013 Telephone (717) 240-6200 ~ d. ,~"' ""'~t".Iii1l4tl' ' DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., alk!a EXEL, INC., and EXEL LOGISTICS, alk/a EXEL, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo alpartir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona a por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABODAGOIMMEDIATAMENTE. SINO TIENE ABOGADO 0 SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUY A DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUlA ASISTENCIA LEGAL. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 " '_1- 1_ ~" DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., aIkIa EXEL, INC., and EXEL LOGISTICS, a/k/a EXEL, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Deanna M. Murray, by and through her attorneys, HANDLER, HENNING, & ROSENBERG, by Stephen G. Held, Esquire, and makes the within Complaint against the Defendants, Rose Delores Prindle, Exel Logistics, Inc., alkla Exel, Inc., and Exel Logistics aJk/a ExelnInc., as follows: 1. Plaintiff, Deanna M. Murray, is an adult individual currently residing at 33 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Rose Delores Prindle, is an adult individual currently residing at 31 Old Mill Road, Dillsburg, York County, Pennsylvania 17019 , 3. Defendant, Exel Logistics, Inc., a/kJa Exel Inc., and Exel Logistics alkla Exel, Inc., is a corporation currently doing business at 501 West Schrock Road, Westerville, Ohio 43081. 1 .,- , jl L",._. ", ,;" """ ;2, ,-I.-~ ", "'.. /' ,"'. ll""i 4. At all times material hereto, Plaintiff, DeannaM. Murray, was a passenger in a 1987 Ford Aerostar minivan bearing the license plate number PA ZET 890, that was insured by Erie Insurance Group under which motor vehicle insurance policy, Plaintiff was covered by the Full Tort Option which was in effect on April 26, 1999.. 5. At all times material hereto, Defendant, Rose Delores Prindle, was the operator of a vehicle owned by, Exel Logistics, Inc., alk/a Exel, Inc., and Exel Logistics, alk!a Exel, Inc. bearing the license plate number P A AB98226. 6. On or about, April 26, 1999, at approximately 1:15 p.m., Defendant's vehicle was immediately behind Plaintiff's vehicle on Silver Springs Road. Plaintiff's vehicle was waiting to turn into the Karn's Market parking lot. Plaintiff s vehicle had its turn signal on. 7. At approximately that same time and place, Defendant failed to observe Plaintiff's vehicle and, suddenly and without warning, the full-sized tractor trailer being operated by the Defendant plowed into the rear of Plaintiff's vehicle at approximately 40 mph. 8. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Deanna M. Murray sustained extensive injuries as set forth more specifically below. COUNT I I DEANNA M. MURRAY v. ROSE DELORES PRINDLE NEGLIGENCE 9. Paragraphs 1-8 are incorporated herein as if set forth at length. 2 10. The OCCurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff's vehicle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before plowing into Plaintiff's vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff s vehicle; (d) In failing to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of75 Pa. C.SA ~ 3361; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to keep a proper lookout for vehicles lawfully on Silver Springs Road; (h) In failing to exercise reasonable care in the operation and control of her vehicle, in " violation of75 Pa. C.SA ~ 3714; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and 3 -- - ,~ I l,. I -' -'- ~'-~, ,< ]1,_, G) In driving her vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 11. As a direct and proximate result of the negligence of the Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered extensive and serious personal injuries, including, but not limited to, injuries to her neck, back and a six-inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the work at L 4/5. 12. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income andlor loss of earning capacity. 13. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 14. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend I large sums of money for medicine andlor medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 4 .~.~ ~ " I . . ~ ' ,lJ" o , ,;~~',"":L,'L ;';"'~; - 15. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered a loss oflife's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a result of negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 17. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are pennanent in nature. WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Rose Delores Prindle, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs, and demands a trial by jury. COUNT II DEANNA M. MURRAY v. EXELLOGISTICS. INC.. aIkIa EXEL. Inc.. AND EXEL LOGISTICS aIkIa EXEL. INC. VICARIOUS LIABILITY 18. Paragraphs 1-17 are incorporated herein as if set forth at length. 19, At all times material to this action, Defendant, Rose Delores Prindle, Was an I agent, servant, and/or employee of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a!k!a Exel, Inc. 20. The occurrence of the aforementioned collision and all of the resultant 5 - ,- , " ~ I ~;n,1 "--" '~" _1~,~ injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle. 21. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Rose Delores Prindle, occurred while acting in and upon the business of Defendant, Exel Logistics, Inc., alkla Exel, Inc., and Exel Logistics, a/kIa Exel, Inc., and within the course and scope of her employment with said Defendant. 22. Defendant, Exel Logistics, Inc., a/kIa Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Deanna M. Murray, which include, but not limited to, injuries to her neck, back and six inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. 23. As a result ofthe negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, alk/a Exel, Inc., the Plaintiff, DeannaM. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss ofeaming capacity. 24. As a result of the negligence of Defendant, Exel Logistics, Inc., a/kIa Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered great physical pain, I discomfort, and mental anguish, and she will continue to endure the same for an indefinite period oftime in the future, to her great physical, emotional, and financial detriment and loss. 25. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exe!, Inc., the Plaintiff, Deanna M. Murray, has been compelled, in order to 6 " - .1 ",j I, " _.00" " Jlif'" '~il effect a cure for aforesaid injuries, to expend ]arge sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 26. As a result of the negligence of Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, aIkIa Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 27. As a result of negligence of Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, a/kJa Exel, Inc., the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 28. Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, aIkIa Exel, Inc., is vicariously liable for the lost wages and income Plaintiff, 29. Deanna M. Murray has suffered and will in the future continue to suffer a loss of income and/or loss of earning capacity. 30. Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, aIkIa Exel, Inc., is vicariously liable for the great physical pain, discomfort, and mental anguish Plaintiff, Deanna M. Murray has suffered will continue to endure the same for an indefinite period of time in the future. ,I 3 1. Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, aIkIa Exel, Inc., is vicariously liable for the expenses Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical 7 ",,< 1 >, ., -",-'''' -." '-'1 ,''''0'_ >";,',"_ 1iii1' attention, and wil11:>e required to expend money for the same purposes in the future, to her great detriment and loss. 32. Defendant, Exel Logistics, Inc., alk/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the for the great detriment and loss Plaintiff, Deanna M. Murray, has suffered and will continue to suffer, from losing life's pleasures. 33. Defendant, Exel Logistics, Inc., alk/a Exel, Inc., and Exel Logistics, alk/a Exel, Inc., is vicariously liable for hindering Plaintiff, Deanna M. Murray, from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 34. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., in an amount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by Jury. Respectfully Submitted, Date: I{dd/d7 By: HANDLER, HENNING & ROSENBERG srept!d:!b ' Attorney ill # 72663 1300 Linglestown Road PO Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff 8 ,--. , ,- I~- ~I .' ~ " -" VERIFICATION I, Deanna M. Murray, verify that the statements made in the preceding document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. jg~ L!2. /7'7 Deanna M. Murray , Date: S - M-b I / , . I J'_ _J (;..0 . CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2001, I hereby certify that I have, on this date, served the within Complaint upon the Defendant, by sending a true and correct copy of same to his attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Stephen E. GeduJdig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17018 HANDLER, HENNING & ROSENBERG By: Pcd-i.lt,'^. ~~h~~ Patricia Kohn! . I ~, " l '-I" . , . ~.". . ,., ll!:illI.li>.Jlfu.'1i\<"". " .. DEANNA M. MURRAY, Plaintiff Ys. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1929 CIVIL ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., aJk/a EXEL, INC. and EXEL LOGISTICS, alk!a, EXEL, INC., Defendants CIVIL ACTION - LAW IN RE: . DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this d>r- day of January, 2002, the motion of the defendants to compel plaintiff, Deanna M. Murray, to answer defendants' interrogatory number 25, is GRANTED and the plaintiff is directed to answer defendants' interrogatory number 25 within twenty (20) days of the date of this order or be precluded from pursuing her claims related to her emotional and mental condition. It appearing that there has been no request for production of documents, the motion to compel plaintiff to sign medical authorizations is DENIED as premature. BY THE COURT, Stephen G. Held, Esquire For the Plaintiffs Stephen E. GeduJdig, Esquire For the Defendants :rlm \c:nc ~. .1.. - I ~ . "I" . i,,1 " ' ~, ,~'" A'~'''' ,0. If{j' , .. , . (717) 237-7119 E-Mail: seg@tthlaw.com December 14, 2001 Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Re: Murrav v. Prindle and Exel Locistics Cumberland County No. 01-1929 Dear Stephen: We have scheduled an IME for Mrs. Murray with Robert R. Dahmus, M.D., in his Hershey office, 32 Northeast Drive, Suite 201, for January 8,2002, at 4:15 p.m. I would also like to schedule an IPE with Rick SIeber, M.A. for January. Also, I would like to schedule Mrs. Murray's deposition for February 18. Please give me a call to discuss. Very truly yours, THOMAS, THOMAS & HAFER, LLP By: Stephen E. Geduldig SEG/tk :130810.15 bc: Ms. Linda Purves (Travelers Claim No. 145 AB B9P6131E) Mr. Rob Whipple "'" . , ~. .J , 1 "" , ,.L..J . '~ .J " ,,'.,' ;;'" lli.' f .... .~ -- (717) 237-7119 E-Mail: seg@tthlaw.com October 25, 2001 Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Re: Murrav v. Prindle and Exel Lolrlstics Cumberland County No. 01-1929 Dear Stephen: Given the fact that it has now been over a month since we made a settlement offer in this case, and have received no response from you, we will assume that the offer is rejected. Please contact my office in the next week to advise of available dates of an IME with Robert R. Dahmus, M.D., and an independent psychiatric examination with Rick SIeber, M.A. Very truly yours, THOMAS, THOMAS & HAFER, LLP By: Stephen E. Geduldig SEG/tk :130810.11 bc: Ms. Linda Purves (Travelers Claim No. 145 AB B9P6131E) Mr. Rob Whipple iiIlilUllllIl;j~O ~ "bn""","" I I """"-~~- .!.U~1'~", _"*~,' Leslie 8. Handler, Retired W. SCOtt Henning David H Rosenberg (FA. FL) Carolyn M. Anner (PA. NY. RN) Mallh~w S. Crosby (PA. NJ) Gregoi)' M. Feather (PA. NJ) Stephen G. Held Samuel Handler (I 922-70} HARRISBURG OFFICE J 300 lingJestown Road Harrisburg. PA 17110 717'23B-2000 I -BOO-422-2224 7 J 7-233-3029 {faxl LANCASTER OFFICE J 40A E King Street Lancaster. PA J 7602 717-431-4000 ATTORNEYS AT LAW November 20, 2001 DIRECT MAIL TO: P.O. Box 1177 Harrisburg, PA 171 OB www.HHRLaw.com held@hhrlaw.com Stephen E. Geduldig , Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street POBox 999 Harrisburg, PA 17108-0999 RE: Deanna M. Murray v. Excel Logistics Dear Steve: It was my understanding that you were going to attempt to schedule an IME with Dr. Dahmus, as well as a psychologicallME. I have not heard anything from you regarding potential dates for these IME's. My client undergoes back surgery on December 7. She would be available for anlME either the 5th or 6th of December. If either of those dates are available with Dr. Dahmus, I recommend you get the IME scheduled. The reason I am concerned about this is in my conversation with Linda Pervus, she indicated that she felt the fact my client was having surgery would amount to spoilation. I pointed out to her that that is a term not applicable in this situation but would be a products liability action. However, I wish to give an opportunity for an IME to be scheduled. If the only available dates are other than the 5th and 6th of December, please contact me and I will see if another available date and time is an option. Regarding a psychologicallME, I will oppose that and I suggest you file a Petition with the Court in order to get that scheduled. However, there is not the urgency for the psychologicallME as the orthopedic IME with the surgery being contemplated. Absent hearing from you I will assume that no dates can be scheduled between now and my client's surgery. Very truly yours, SGH/pjk HANDLER, HENNING & ROSENBERG ~~~ cc: Deanna M. Murray '-".' ,',.~,_I ,,_ ';",'-,' c_'._, 1__"" '. - ''''''_'' ~.:.:": ,I"" J _. ....1 J:'-, _""';",,:. ~,;',;,,; 'i{"'n,,,,,"-..:t:~> ~:" , { .. , . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the I Jf1 day of February, 2002, on all counsel of record as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP tephen E. Geduldig, Esquire :130042.1 ;S;ii!&!fi y'! '-!.l~,",..;;i <' ^~-- ';'~':~-(tM~~~~'j~".- "< ,~, "r:-~t" J911";~."..,.::-"",-~ ff:L '",~-i ",'''" _, " ,~,"'" ''1'', ,_~ ","~"",~ . ~ ru " -'milii " -~ ":.. ~' ," ,;::.; c c"" .'","H.~ '""~ c' , "'L) L',' :'::;-, i: c: ~_1 ~( ':"'J , . \ . .. ~, ri'i _1...; -<. rr, , .. I ,~ ", ... .'~ , ...1,.. .-, , 01 '" '--, "L_. ,," 1,,- "0 ',,"/- "'J ~ ~,_",',~'i .'_'''-C' .', . 'il;' F~ 0 2002 Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg(<Vtthlaw.com Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants BRIEF IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL I. FACTUAL AND PROCEDURAL HISTORY On or about April 3, 2001, Plaintiff Deanna M. Murray commenced this action by filing a Writ of Summons against Defendants Rose Delores Prindle, Exel Logistics, Inc., and Exel Logistics, to recover damages arising out of a motor vehicle accident which occurred on April 26, 1999. Plaintiff filed her Complaint on May 22, 2001, alleging that she suffered physical injuries as well as mental anguish, emotional loss, loss of life's pleasures, humiliation and embarrassment. See Exhibit "A", attached to Defendants' corresponding motion. ~~ ^', . , 'I -'~c , -, -~"., ~', " ,1,,<- ,.,.,"'~\., I: ~-':'J,~- -,'", ,-"", -< ..'-" ~,.,,,,_',,; ..".'c""-~'ki:''';'' This Court has previously recognized that Plaintiff has placed her psychological care or treatment at issue when it entered the January 8, 2002 Order compelling Plaintiff to sign authorizations to allow Defendants to obtain Plaintiff's psychological records. See Exhibit "BH attached to Defendants' corresponding motion. Defendants filed a motion to compel Plaintiff to undergo an Independent Psychological Examination by Rick Sleber, M.A., or suffer the imposition of sanctions. This brief is in support of said motion. II. STATEMENT OF OUESTION INVOLVED A. WHETHER PLAINTIFF SHOULD BE COMPELLED TO UNDERGO AN INDEPENDENT PSYCHOLOGICAL EXAMINATION WHEN PLAINTIFF HAS PLACED HER PSYCHIATRIC CARE OR TREATMENT AT ISSUE BY ALLEGING THAT SHE SUFFERED MENTAL ANGUISH, EMOTIONAL LOSS, LOSS OF LIFE'S PLEASURES, HUMILIATION AND EMBARRASSMENT? Suggested Answer: YES III. ARGUMENT Under the Pennsylvania Rules of Civil Procedure, when the mental or physical condition of a party is in controversy, the Court in which the action is pending may order the party to submit to a physical or mental examination by an examiner or to produce for examination the person in the party's custody or legal control. Pa.R.C.P.4010. 2 ~'" - I je <.'~ ',;",c_ ,.;l .-, " 1__"'"""_ " -,-i"",:" , '","' ~, ;..:.' . ,,; "'~'I _" ,~ " -'""'""",-- "',,-\.,;,,,,".]u-;j;',,"",;,;;':,',;. '"',< ':'-1;,:' By alleging mental anguish, loss of life's pleasures, humiliation and embarrassment, plaintiff has placed her psychological care of treatment at issue. Counsel for Defendants attempted to obtain available dates for an Independent Psychological Examination of the Plaintiff on more than one occasion. See Exhibits "e" and "D" attached to Defendants' corresponding motion. In a letter dated November 20, 2001, counsel for Plaintiff clearly indicated that Plaintiff would not undergo an Independent Psychological Examination without a court order. See Exhibit "E" attached to Defendants' corresponding motion. Plaintiff has failed to set forth any basis for refusing to have plaintiff attend an Independent Psychological Examination, especially where this Court has already recognized Defendant's entitlement to explore Plaintiff's prior psychiatric and psychological history. The Independent Psychological Examination is essential to the defense of this action. 3 -,~ " , I .. , ~, .~ " .0~ , .," ,-- ,~ ,',;,),,~',I ~-'~'" '~>,P., "'-.<- ,~,;"'", -,c." ,c;;~--,' ,fA- ~'~ . IV. CONCLUSION Defendants respectfully request this Court to issue an Order compelling Plaintiff to undergo an Independent Psychological Evaluation with Rick SIeber, M.A., or suffer the imposition of sanctions pursuant to Pa.R.C.P. 4019. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~( D(O.'L By: ~/ -r=- ST HE-:;.-'~DULDIG, ~.. Attorney I.D. No. 43530 :152500.3 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS 4 ,'.-- I 0 ~"" .'c.' ",.. , ,-",,,' ,~;, 0'.0" I,,,,,;J, "" '.~"".&' .-',", ,~ -,,:S','-' '"',,', . -, , ' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, .~ Pennsylvania, on the I~ day of February, 2002, on all counsel of record as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP ~ c --;::> Stephen E. Geduldig, Esquire :130042.1 "'....,.", -== ." .,'- ~'"-, "".. >, ., , .~ ~ ~~- __~k.~'~".~ __~.~._ ',," , ,_. ~f:; ... Stephen E. Gednldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendants: ROSE DELORES PRINDLE, EXEL WGISTICS, INC. and EXEL WGISTICS DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 Civil Term CIVIL ACTION - LAW ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a EXEL INC., Defendants DEFENDANTS' MOTION TO COMPEL AND NOW come the Defendants, Rose Delores Prindle, Exel Logistics Inc. and Exel Logistics, by their attorneys, Thomas, Thomas & Hafer, LLP, and move your Honorable Court to Order Plaintiff to answer written discovery regarding her history of psychiatric or psychological care or treatment and in support thereof aver as follows: 1. On April 3, 2001, Plaintiff Deanna M. Murray filed a Writ of Summons to commence an action against Defendants to recover damages arising out of a motor vehicle accident on April 26, 1999. -'. --~ ". - =, ~ r .', '.' '~'O_ "_~O' ~'-'~-"~'-"~'I'" ""~~~"""C .~. '-"~"''''''~''"'='-''>',,'''~' "'"'11';'''6,\,_::'' ,~, , I , 2. Plaintiff filed her Complaint on May 22, 2001, alleging that she suffered physical injuries as well as mental anguish, emotional loss, loss of life's pleasures, humiliation and embarrassment. See Plaintiff's Complaint, attached hereto and marked Exhibit "A". 3. On or about June 8, 2001, Defendants sent Interrogatories and Requests for Production of Documents to Plaintiff. 4. Defendants' Interrogatory #25 inquired about Plaintiff's previous history regarding psychiatric or psychological care or treatment. See Interrogatory #25, attached hereto and marked Exhibit "B". 5. Defendants received Plaintiff's written responses to Defendants' discovery on or about August 10, 2001. 6. Plaintiff objected to Defendants' Interrogatory #25, and stated that it was "overly broad and burdensome and would not lead to discovery of information relevant to this action." See Plaintiff's objection to Interrogatory #25, attached hereto and marked Exhibit "Cu. 7. The Commonwealth Court has held that where a plaintiff in a civil suit places his or her mental condition directly at issue, the privilege is waived as to that condition and the plaintiff must either consent to the disclosure of the information at issue or be precluded from pursuing claims , ~ ,. "- ~ - , 0" , . ,",,'.' ~- ~"O ,'.'''''''''. ~~",I"'- .~'""' O' ""'^~~ <"",,"~-"-.-..,.-.','"= In'<''o' . - %:,;: ,', " , related to his or her emotional and mental condition. Rost v. :I' State Bd. of Psychology, 659 A.2d 626 (Pa.Cmwlth. 1995). 8 . By alleging mental anguish, loss of life's pleasures, ,,' embarrassment and humiliation, Plaintiff has placed her j:; psychiatric care or treatment at issue. 9. Under Pennsylvania law, the "privilege of confidentiality in medical records 'evaporates' when the patient brings a personal injury action which calls into question his ~f '.' physical or mental condition.u O'Boyle v.Jensen, 150 F.R.D.519, 521 (M.D. Pa.1993). 10. Information regarding Plaintiff's history of psychological or psychiatric care or treatment is essential to the defense of this action. 11. Denying Defendants access to Plaintiff's psychological records would be manifestly unfair and grossly prejudicial to Defendants because the records are relevant to refuting Plaintiff's injury claim. 12. Plaintiff's medical records indicate that Plaintiff received psychiatric treatment following the motor vehicle accident. See medical record on 1/15/00 of Dr. Kevin Shanaghan, attached hereto and marked Exhibit "Du. 13. Defendants sent medical authorizations to Plaintiff to obtain psychological or psychiatric records regarding care or ","" ='" - ~,.,,- ". ...-. "~'''~~.'.,,,,,-~,-,.<,. ..~- u.~ .'~<v ~"'''_'>~'~.~'' treatment. See Defendants' medical authorizations, attached hereto and marked Exhibit "E". 14. Plaintiffs refused to sign and return said authorizations. 15. Moreover, Plaintiff has waived any objection to production of this material based on privilege by not asserting it as a basis for objection to this discovery. WHEREFORE Defendants respectfully request this Honorable Court to issue an Order compelling Plaintiff to answer Question #25 of Defendants' written Interrogatories within twenty (20) days of the date of the Order or be precluded from pursuing her claims related to her emotional and mental condition. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP /0/9/0/ :145238.1 By: o STEPHEN E. GEDULDIG, ESQUIREd Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS ""'T'": ~"; j ';1 I ~I .1 ::, ;] 1 i 1 .1 ,I ::~i ., 'I .,1 :;j I [I i< 1:1 iii II ~i rl ~ ~,-, --. '. 1- ~ . " LI' ,_,. L " J,,_ , ",'"'''',~- ',",',' .. . '. DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., alkla EXEL, INC., and EXEL LOGISTICS, alkla EXEL, INC. Defendants CIVIL ACTION - LAW ') r" c~ JURY TRIAL DEMANDED ,'., NOTICE ;---..) (....J .~ -< 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 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 aud 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 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. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, P A 17013 Telephone (717) 240-6200 , ". . '. - ~~ ~, '~ "~ ~". " ... < '~ - , r' "'"< -\" DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a1k/a EXEL, INC., and EXEL LOGISTICS, a/kla EXEL, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en Ill. corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo 11.1 partir de 11.1 fecha de Ill. demanda y Ill. notificacion. Usted debe presentar una apariencia escrita 0 en persona a por aboga.do y archivar en Ill. corte en forma escrita sus defensas 0 sns objectiones alas demandas en contra de su persona. Sea avisado que si usted no se fefiende, Ill. corte tomara medidas y puede una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 akuvui que es pedido en Ill. peticion de demanda. Usted puedo parder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABODAGO IMMEDlATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DlMERO SUFICIENTE DE PAGAR TAL SERVICIO, V AYA EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUYA DlRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, P A 17013 Telephone (717) 240-6200 I . I , ~'c ," " , . ,. "." '" '".' ~,,~~ "', \' DEANNA M. MURRAY, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., alk/a EXEL, INC., and EXEL LOGISTICS, alk/a EXEL, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Deanna M. Murray, by and through her attorneys, HANDLER, HENNING, & ROSENBERG, by Stephen G. Held, Esquire, and makes the within Complaint against the Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/kIa Exel, Inc., and Exel Logistics a/kIa Exelnlnc., as follows: 1. Plaintiff, Deanna M. Murray, is an adult individual currently residing at 33 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Rose Delores Prindle, is an adult individual currently residing at 31 Old Mill Road, Dillsburg, York County, Pennsylvania 17019 I 3. Defendant, Exel Logistics, Inc., a/kIa Exe1 Inc., and Exe1 Logistics a/k/a Exe], Inc., is a corporation currently doing business at 50] West Schrock Road, Westerville, Ohio 43081. ] , " , " I ~' I~',,~ ',C --Ii " ,""c '--, - ~-', 4. At all times material hereto, Plaintiff, DeannaM. Murray, was a passenger in a 1987 Ford Aerostar minivan bearing the license plate number PA ZET 890, that was insured by Erie Insurance Group under which motor vehicle insurance policy, Plaintiff was covered by the Full Tort Option which was in effect on April26, 1999.. 5. At all times material hereto, Defendant, Rose Delores Prindle, was the operator of a vehicle owned by, Exel Logistics, Inc., alk/a Exel, Inc., and Exel Logistics, alk/a Exel, Inc. bearing the license plate number P A AB98226. 6. On or about, April 26, 1999, at approximately 1:15 p.m., Defendant's vehicle was immediately behind Plaintiffs vehicle on Silver Springs Road. Plaintiffs vehicle was waiting to turn into the Karn's Market parking lot Plaintiff s vehicle had its turn signal on. 7. At approximately that same time and place, Defendant failed to observe Plaintiff s vehicle and, suddenly and without warning, the full-sized tractor trailer being operated by the Defendant plowed into the rear of Plaintiffs vehicle at approximately 40 mph. 8. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Deanna M. Murray sustained extensive injuries as set forth more specifically below. COUNT I / DEANNA M. MURRAY v. ROSE DELORES PRINDLE NEGLIGENCE 9. Paragraphs 1-8 are incorporated herein as if set forth at length. 2 ..", ..,' ,"...-"0" > ~ ~.">"' - , ..," ,. " - ~. L;,'".......~j: 1 O. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff s vehicle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before plowing into Plaintiff's vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; (d) In failing to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of75 Pa. C.S.A. S 3361; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to keep a proper lookout for vehicles lawfully on Silver Springs Road; (h) In failing to exercise reasonable care in the operation and control of her vehicle, in " violation of75 Pa. C.S.A. S 3714; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and 3 ~ ^ ^[ """",_c.~ ^ t.L , i "'.- "._ 0";' "".--,'''--.' G) In driving her vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 11. As a direct and proximate result of the negligence of the Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered extensive and serious personal injuries, including, but not limited to, injuries to her neck, back and a six-inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the work at L 4/5. 12. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 13. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period oftime in the future, to her great physical, emotional, and financial detriment and loss. 14. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend I large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 4 ,__ . "~oW ,"",,,,j ~~ ~~ . . '" -'1:,' 15. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Dearma M. Munay, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a result of negligence of Defendant, Rose Delores Prindle, the Plaintiff, Dearma M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment 17. Plaintiff, Deanna M. Munay, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Dearma M. Munay, seeks damages from Defendant, Rose Delores Prindle, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs, and demands a trial by jury. COUNT n DEANNA M. MURRAY v. EXEL LOGISTICS. INC.. a/kla EXEL. Inc.. AND EXEL LOGISTICS a/kla EXEL. INC. VICARIOUS LIABILITY 18. Paragraphs 1-17 are incorporated herein as if set forth at length. 19, At all times material to this action, Defendant, Rose Delores Prindle, was an " agent, servant, and/or employee of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/kIa Exel, Inc. 20. The occurrence of the aforementioned collision and all of the resultant 5 linl.!!lIL...?\.... I~>ltoo' ~ - "" '........ ~~'"" '." injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle. 21. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Rose Delores Prindle, occurred while acting in and upon the business of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., and within the course and scope of her employment with said Defendant 22. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/aExel, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Deanna M. Murray, which include, but not limited to, injuries to her neck, back and six inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. 23. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/aExel, Inc., the Plaintiff, DeannaM. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss ofeaming capacity. 24. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exe!, Inc., the Plaintiff, Deanna M. Murray, has suffered great physical pain, ,I discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 25. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exe!, Inc., the Plaintiff, Deanna M. Murray, has been compelled, in order to 6 ~-" ~--I .- - , effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 26. As a result of the negligence of Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, aIkIa Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 27. As a result of negligence of Defendant, Exel Logistics, Inc., alkla Exel, Inc., and Exel Logistics, aIkIa Exel, Inc., the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 28. Defendant, Exel Logistics, Inc., alkla Exel, Inc., and Exel Logistics, aIkIa Exel, Inc., is vicariously liable for the lost wages and income Plaintiff, 29. Deanna M. Murray has suffered and will in the future continue to suffer a loss of income and/or loss of earning capacity. 30. Defendant, Exel Logistics, Inc., aIkIaExel, Inc., and Exel Logistics, aIkIa Exel, Inc., is vicariously liable for the great physical pain, discomfort, and mental anguish Plaintiff, Deanna M. Murray has suffered will continue to endure the same for an indefinite period of time in the future. I 31. Defendant, Exel Logistics, Inc., aIkIa Exel, Inc., and Exel Logistics, alkla Exel, Inc., is vicariously liable for the expenses Plaintiff, Deanna M. Murray, has been compelled, in brder to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical 7 L~ " '.~I;"_d- = 1Ill!fu, attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 32. Defendant, Exel Logistics, Inc., alk/a Exel, Inc., and Exel Logistics, alk/a Exel, Inc., is vicariously liable for the for the great detriment and loss Plaintiff, Deanna M. Murray, has suffered and will continue to suffer, from losing life's pleasures. 33. Defendant, Exel Logistics, Inc., alk/a Exel, Inc., and Exel Logistics, aJk/a Exel, Inc., is vicariously liable for hindering Plaintiff, Deanna M. Murray, from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 34. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Exel Logistics, Inc., alk/a Exe!, Inc., and Exe! Logistics, aJk/a Exe!, Inc., in an amount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by Jury. Respectfully Submitted, Date: I{:}d/tfl By: HANDLER, HENNING & ROSENBERG St~rtrd!Jp , Attorney ID # 72663 1300 Linglestown Road PO Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff 8 ~ ~ ,~ 1- , ".....~, .'" """'~","",, '1 VERIFICATION I, Deanna M. Murray, verify that the statements made in the preceding document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. ji~ j7? //.7"7 Deanna M. Murray / . Date: ,t; - M-b I / - . -~'~ " ,j , I ,,-,j ,~ . ~ ''''of: \ . , CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2001, I hereby certify that I have, on this date, served the within Complaint upon the Defendant, by sending a true and correct copy of same to his attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17018 . . HANDLER, HENNING & ROSENBERG By: PO:L:lt,~ -fZ:,,~~~ Patricia KohnIefu ; - - ,~,-",_. ,-' <~.'- "~ .:::- 25. State whether you have ever received psychiatric or psychological care or treatment, and if so, state the following: (a) the nature of the disorder for which you were treated and the name and address and specialty of the person treating you; (b) the dates for which treatment was given; and (c) whether you were ever confined to any institution for the treatment of such disorders, and if so, state the name and address of such institutions and the date of confinement. ANSWER: I-~ ~ 25. State whether you have ever received psychiatric or psychological care or treatment, and if so, state the following: (a) the nature of the disorder for which you were treated and the name and address and specialty of the person treating you; (b) the dates for which treatment was given; and (c) whether you were ever confined to any institution for the treatment of such disorders, and if so, state the name and address of such institutions and the date of confinement ANSWER: Plaintiff objects to this Interrogatory as it is overly broad and burdensome and would not lead to discovery of information relevant to this action. ~ ~ , - ,_' - - "~ I ' ~ ' . ,,' ',- ~. -' " -- ~ I~ . ( ,e',. (''-.-..! fO HT WT NAME &OJVlCC J17teAJ/a.-y ORDERS B/P P DATE /~/.;;y71 es+ 9ro.1 lL r/ tJ +/vl u5:,h (I ,r:}{,.tl . R T (0 5('.<.-. '(~y /O+-JCwr~(5~/~uL../7-1/~). f)+~~.~~ ~~ @ i\~Sflf;b (~ c.c~~ J cD 'E> -~ Vl~ ~(~ / r::~.:s:: ~ ~ ~ I ( " \ \ ~ ..--' '-"- / '" ......~~---.__.__..-- ----------- 111:5 (It. 9~ ~~ ...0 EJ'J._ ._ J.' },j t''"^- $k. h.-..-~'f'~ ~ ~'- ~ I2v (~..~ P"^- v-~ ' f;G... ~ ~ -pA- -zr' ~.~ IJC(~ . o:t<- ~ 10 ~ Ov- S~ 'f'-- rft(::; ~ p""':- ..4.., oL- _~ ~ </Y'--' ()~ AJ 100 (C~f' Kv/"-(./ -AvI- ~ ~ V"f'- (,(0 Itr ~ .t2-~:J, stJ::;- '3 .. hS-:J . - . _ . ~~n--.~. JZ::..~L-~ 17-' - ~ r-r~( " /!~ro~~ ~/ls-~ P:L . 0.' .. ... . . . 1#_+_ ..- , i L . \ I f ! I. I , ,. AUTB:ORfzATIONTO RFiEASERECORDS Name: Deanna Murray Social Security No. 179-44-9044 Date of Birth: 8/19/56 1 authorize to release complete copies of my records to Thomas. Thomas & Hafer. LLP 305 North Front Street. 6th Floor. P.O. Box 999. Harrisburg. Pennsylvania 17108-0999. These records are to be released for the purpose of Civil Litigation. Documents requested: Com-plete co-pies of anv and all records. reports notes. memoranda and correspondence regarding anv psychololiical treatment. counseling. biofeedback or any other treatment. Tills authorization shall be valid from the date of signing until the settlement of my lawsuit, but in no event shall this Authorization be valid after the date of settlement. I understand that this consent may be revoked by me or my attorneys, in writing, at any time. I have read this Authorization and fully understand that nature of this Authorization. Signature: Date: Witness: Date: "n ~ , ".,,,. .-- ""-'- ~ -r""::,;; ,. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, ;10 day of October, 2001, on all Pennsylvania, on the counsel of record as follows: ~ Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff ," , THOMAS, THOMAS & HAFER, LLP , Stephen E. Geduldig, Esquire :130042.1 ,t-ot. i.,., , j , , ilf ~. -mil_~~"~ It <I. J\I, L}iJ:lJlLUf:J !!lI ~~~iti'io!i~~'" ,,~~,'~,_~ .." ",.~~"" ~""~'.,O~'~"'" _ " " "". .= ,~,' "'~~ Tit ~ \Hi <0 ~, Q,: ~::. I. ., ;::,:'1 C:,J r') ..--~ l=" 'X:;('-~ . ~~\ ~- -< C0 A ''1 , !,' DEANNA M. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-1929 CIVIL ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., aJk/a EXEL, INC. and EXEL LOGISTICS, aJk/a, EXEL, INC., Defendants CIVIL ACTION - LAW IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this :3G" day of November, 2001, a brief argument on the within motion to compel is set for Thursday, January 3, 2002, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Stephanie E. Chertok, Esquire Brian C. Caffrey, Esquire C. Kent Price, Esquire .Ai Stephen G. Held, Esquire For the Plaintiffs Stephen E. Geduldig, Esquire For the Defendants :rlm ... _,'>\II_"~""'-"'='- .........................&"'" -- ...""'......... !<- ., it !~ ,if !; ::e.-' ~'!'~~]"i" ,'0<-' ;~1.J!tt~~,~ c r i'H-IJ,OJ I '0 " " '" 9 I" -_I._IH~. /U'1 : " Ole...<.. " ~1Irt~ eL" ""'., ." , (j\I)y 'I 'It.;., I>, '''I,' :::,,' "'," i (' '( -~ I ' If"."...., ..~ '" .L...' -f~ v, PENNSYL'1.4,J'vIA !~ >,,,' '-"l!l'I'J~JV,L,1.;!.:,~",_,c"""<,, __:;,:':'~""i~)~;." 'fi:"<'~"'" ,,__ ,_ ", '- ~,' ,"~~ ,', . v", ' .'1" ~ ~, ." t<1' 'k'f DEANNA M. MURRAY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1929 CIVIL ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., a/kIa EXEL, INC. and EXEL LOGISTICS, a/kIa, EXEL, INC., Defendants CIVIL ACTION - LAW ,,,,:,; Jp JIi"'f.... -:1!Y IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this L 5" day of February, 2002, a briefargwnent on the within Cwnberland County Courthouse, Carlisle, P A. motion to compel is set for Thursday, April 4, 2002, at 2:00 p.m. in Courtroom Nwnber 4, BY THE COURT, ~hen G. Held, Esquire For the Plaintiffs Aephen E. Geduldig, Esquire For the Defendants :rlm (10 pi es ..rJo.:\Led L():<'J.~-()J.l i'ic ":-.> ::\:~- ,wlr--~"~'~"-"4"""4""""'-""--"-'$","""~"""~,"- I ~ ~ ~ ~ ~I" " ;<i h~ .. .. 1r Jl-',;.J,,~~,' ~ll~ U lll_- II' .![JxRCJl.L!;!L,,,JL~,,~,,~,,,,,~,~,_,_,,,"~',""m",,,,_ " u '-]Iil!ll!S" V1NV!\lASNN3d AlNn08 O~lVlI:EJ8V'in::J 6U :~ ~id SZ 83.:J 20 'L'-'L"f."'f. ,,',. . ,\ov. \J \{\..' 'i,,~,',j::~':" j~-)I.:t:J(H:Jl'ljj ~ -~n ~ -1",,' 1''-4 Ii! - ,'- ~:" _I '-_;:,i ,,~--" ,,~,', ,'.,'.:,-, ,,' -,>- ' ", ,C',,"'('-" d'_ 7"'~""I""":'''.,"\>,".,' ,,' "":__''"'''', ',,~,,;.--., ".o,'",'-C ",0' _ ~"""'"y,",,,,_, , . DEANNA M. MURRAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 ROSE DELORES PRINDLE and CIVIL ACTION - LAW EXCEL LOGISTICS, INC., a/k/a EXCEL INC., AND EXCEL LOGISTICS : a/k/a EXCEL INC. Defendants JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL EVALUATION PURSUANT TO Pa.R.C.P 4010 1. Admitted. 2. Admitted. 3. Denied. Defendants makes nothing more than a bald assertion that Plaintiff has placed her psychological status at issue. 4. Admitted. 5. Admitted in part and denied in part. The Rule as stated is correct in part, but Defendants have conveniently left out the relevant sections which require good cause for the examination because Plaintiff placed her psychological status at issue. See PaRe.P. 4010 (a)(2) and (a)(3). Plaintiff avers and contends that she has not placed her psychological status at issue and Defendants have not illustrated good cause. 6. Admitted. 7. Admitted. ~ ~".;' , 0/ 8. Denied. Paragraph 8 contains conclusions of law to which no response is required. If a response were judicially determined to be required, the allegations in Paragraph 8 are specifically denied. 9. Denied. Paragraph 9 contains conclusions of law to which no response is required. If a response were judicially determined to be required, the allegations in Paragraph 9 are specifically denied. WHEREFORE, Plaintiff, Deanna Murray respectfully requests this Honorable Court to issue an Order DENYING Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation pursuant to Pa.R.C.P. 4010. Respectfully Submitted, Handler, Henning & Rosenberg Date: 11 ~ / 0 J- By: en. e ,Esquire Attorney 10 # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff "~ ~ ". " ,," .- I ---~ '. " "r 'ro~~ -, ~, CERTIFICATE OF SERVICE AND NOW, this '(+( day of ~ . J, , 2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States I. !'- I,; mail, postage prepaid, and addressed as follows: H :,:j Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street POBox 999 Harrisburg, PA 17108-0999 !',~ u ,,'; " ~1 By: P&-J1~;',. ~t;h.O, ~~l Patricia Kohn ein J ;,1: :1 'i " " o,i i "~I 'ji '~!' 1 ,. 1 HANDLER, HENNING & ROSENBERG L ~"~~;=<'~t~Iil~-""""'-'~~Q[ij~lill:il4i~!!fi~~"""""'"'''"'<MI''''' " "00"" "";1lji",~l,j;,,.l~.+)t~#JtJ.4)U~,:,_)::_ ",;1,"""~' "I''t, "~"~""""'''_O h,' .._ ' "-", "t~ ' '..,:-,::,,~'" .. _ -"'>~'" _M" () s: '1') ~~: Ii"lr:::::.: ;;;rL.:,' 7{" Co ,'!':- ~2s' "'r':::: 2.: C) 'Ce'\', -c:: Z ,;::;J , "--~ ",.. (J'I ,,~ . ,.-, r;:,; :li:: ~::~, o ._~J ',,-I :::{) I (:l:> '"]:: ;r.., ,;0 , :=1 ;:~f;; .1;;. :0 " - ~ DEANNA M, MURRAY, Plaintiff 1] : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1929 v. o C 2" ""'u':. n1n~ Z:n 2,- ~;;t:: : JURY TRIAL DEMANDED ~c;, ~Q ::;;;u c ~ PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL EVALUATION PURSUANT TO Pa.R.C.P 4010 ROSE DELORES PRINDLE and EXCEL LOGISTICS, INC., a/kla EXCEL INC., AND EXCEL LOGISTICS : a/kla EXCEL INC. Defendants CIVIL ACTION - LAW 1. Admitted. 2. Admitted. o '" :Ji:: o --n .,,;. :cv Tj co :< i-':~1 ~" :~r: . .' ,,,.,:C) i;,j~~ (Srrl 5" ::0 -< ~ UI 3. Denied. Defendants makes nothing more than a bald assertion that Plaintiff has placed her psychological status at issue. 4. Admitted. 5. Admitted in part and denied in part. The Rule as stated is correct in part, but Defendants have conveniently left out the relevant sections which require good cause for the examination because Plaintiff placed her psychological status at issue. See Pa.RC.P. 4010 (a)(2) and (a)(3). Plaintiff avers and contends that she has not placed her psychological status at issue and Defendants have not illustrated good cause. 6. Admitted. 7. Admitted. ~, I ~I ~ -. - * 8. Denied. Paragraph 8 contains conclusions of law to which no response is required. If a response were judicially determined to be required, the allegations in Paragraph 8 are specifically denied. 9. Denied. Paragraph 9 contains conclusions of law to which no response is required. If a response were judicially determined to be required, the allegations in Paragraph 9 are specifically denied. WHEREFORE, Plaintiff, Deanna Murray respectfully requests this Honorable Court to issue an Order DENYING Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation pursuant to PaRC.P. 4010. Respectfully Submitted, Handler, Henning & Rosenberg Date: 1 / 5/ 0 J-- By: en. e ,Esquire Attorney 10 # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff ., . " - .,*-", <'0 ~.~,~ . '~ ". CERTIFICA TE OF SERVICE AND NOW, this 'ftt.. day of ~ .,~ , 2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street POBox 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG By: jJatJtl'~c' .f.<^h. O. : w Patricia Kohn1ein '7 .. r.' ..\. -- '~,~ -,' 'C " ", '''J 'co"~, lj Ii DEANNA M. MURRAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA i,^ I ! v. NO. 01-1929 ROSE DELORES PRINDLE and CIVIL ACTION - LAW EXCEL LOGISTICS, INC., a/kla EXCEL INC., AND EXCEL LOGISTICS : a/kla EXCEL INC. Defendants : JURY TRIAL DEMANDED BRIEF IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL EVALUATION PURSUANT TO Pa.R.C.P 4010 I. Procedural History ~: Plaintiff, Deanna Murray, commenced this action by filing a Writ of Summons against s: Defendants. Rose Delores Prindle, Excel Logistics, Inc., and Excel Logistics, in Cumberland County on or about April 3, 2001. Plaintiff filed her Complaint on May 22, 2001, alleging she suffered serious personal injuries in an motor vehicle accident which occurred on April 26,1999. The instant matter before this Court is Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation. /I. Factual History This action arises from the serious personal injuries that Plaintiff suffered when Defendant, Rose Delores Prindle, driving a tractor trailer owned and operated by Defendant, Excel Logistics, Inc., and Excel Logistics, violently plowed into the rear of the vehicle ^ I ~ - ~ ^ ,^u __ -' ",'.' - -' -- - ,---, -I''''"'''"'' "<"'",.,",> '^ ,~ -,-,- --,,,", -"ll~i Plaintiff was a passenger in at40 miles per hour. Plaintiff sufferedinjuries to her neck, back and six-inch laceration to the scalp. Surgeries performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. III. Question Presented Should Plaintiff be compelled to undergo an Independent Psychological Examination when she has not placed her psychological condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination? Suggested Answer: In the Negative IV. Argument Plaintiff should not be compelled to undergo an Independent Psychological Examination because she has not placed her Psychological Condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination. The Pennsylvania Rules of Civil Procedure provide when the mental or physical condition of a party is in controversy, the court may order the party to submit to a physical or mental examination. The order may only be made on motion for good cause shown. Pa. R.C.P. 4010 (a)(2)-(3). Defendants' Motion to Compel should be denied because the Plaintiff has not placed her psychological condition in controversy and Defendants have failed to show good cause. 2 J;'t Plaintiff alleges in her Complaint that she suffered physical injuries from the motor vehicle accident of April 26, 1999. Plaintiff alleged in conjunction with her physical injury that she suffered mental anguish, loss of life's pleasures, embarrassment and humiliation. Plaintiff contends that she did not allege an independent, free standing psychological injury in her Complaint, but rather an allegation of general mental suffering of the type that commonly accompanies a personal injury action. Further, Plaintiff is not seeking damages for mental health treatment. Nor does Plaintiff seek recovery for medical expenses h H , associated with her mental health treatment at Holy Spirit Hospital. See. Fetterhoff v. i~; jC U Zalezak, 34 Pa. D & C 4th 67,70 (1996). Plaintiff contends Defendants have made a bald assertion that her psychological condition is at issue. Plaintiff believes and avers that her psychological condition is not and has not been placed in controversy whatsoever by her Complaint, therefore; Defendants' Motion to Compel should be denied. In order to protect against an undue invasion of the privacy rights of individuals whose metal or physical condition is in controversy, Pennsylvania Rule of Civil procedure 4010 (a)(3) conditions the granting of a motion for a medical examination on several requirements. Goodrich Amram 9 4010(a):1; See. State Farm Ins. Co. v. Swantner, 406 Pa. Super. 235, 594 A2d 1380 (1991). The Rule specifically requires that the moving party establish that good cause exists to support a court order for such an examination. The trial court must decide whether the moving party has adequately demonstrated good cause. In the instant case, Defendants have not provided one iota of support to demonstrate good cause, but for alleging that they need a court ordered psychological examination of Plaintiff. 3 It., ) The Supreme Court has enumerated several factors that do not meet the good cause standard: mere conclusery allegations of the pleading or by mere relevance of the physical or mental condition to the case. See. Schlaqenhauf v. Holder ,379 US 104 (1964); Goodrich Amram S 4010(a):10. Plaintiff believes and avers that Defendants have not demonstrated good cause adequately, therefore; Defendants' Motion to Compel should be denied. V. Conclusion Plaintiff, Deanna Murray, respectfully requests this Honorable Court to DENY ,4. l: Defendants' Motion to Compel because Plaintiff's mental condition is not and has not been placed in controversy along with the fact that Defendants did not adequately demonstrate good cause for the Court to order a psychological examination. Respectfully Submitted, Date: lL ~ 1 0 J Handler, Henning & Rosenberg ~JffL Attorney 10 # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 4 ,'.n _ - ,n, n, ~,." '" . - ~ CERTIFICATE OF SERVICE AND NOW, this 1f!\ day of tho '(;1.. , 2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street POBox 999 Harrisburg, PA 17108-0999 :OJ , HANDLER, HENNING & ROSENBERG By: fitt.:r,co ~W. ~ Patricia Koh ein .. , , . _ , ri~~ .. ~ 0" _ " "',> DEANNA M. MURRAY, Plaintiff : IN THE COURT OF COMMON.PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1929 ROSE DELORES PRINDLE and CIVIL ACTION - LAW EXCEL LOGISTICS, INC., a/kIa EXCEL INC., AND EXCEL LOGISTICS : a/k/a EXCEL INC. Defendants JURY TRIAL DEMANDED BRIEF IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL EVALUATION PURSUANT TO Pa.R.C.P 4010 I. Procedural History Plaintiff, Deanna Murray, commenced this action byfilirtg a Writ of Summons against Defendants. Rose Delores Prindle, Excel Logistics, Inc., and Excel Logistics, in Cumberland County on or about April 3, 2001. Plaintiff filed her Complaint on May 22, 2001, alleging she suffered serious personal injuries in an motor vehicle accident which occurred on April . 26, 1999. The instant matter before this Court is Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation. II. Factual History This action arises from the serious personal injuries that Plaintiff suffered when Defendant, Rose Delores Prindle, driving a traclorlrailer owned and operated by Defendant, Excel Logistics, Inc., and Excel Logistics, violently plowed into the rear of the vehicle ~~ ~'__" -<I I ,'...'",-=",0, _"~" -,'~' <.^i1t,~~ Plaintiff was a passenger in at 40 miles per hour. Plaintiff suffered injuries to her neck, back and six-inch laceration to the scalp. Surgeries performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. III. Question Presented Should Plaintiff be compelled to undergo an Independent Psychological Examination when she has not placed her psychological condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination? Suggested Answer: In the Negative IV. Argument Plaintiff should not be compelled to undergo an Independent Psychological Examination because she has not placed her Psychological Condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination. The Pennsylvania Rules of Civil Procedure provide when the mental or physical condition of a party is in controversy, the court may order the party to submit to a physical or mental examination. The order may only be made on motion for good cause shown. Pa. RC,P. 4010 (a)(2)-(3). Defendants' Motion to Compel should be denied because the Plaintiff has not placed her psychological condition in controversy and Defendants have failed to show good cause. . 2 I ~,~ , ~ 'I'" ,. J "','1"""","" .=l',' ~" . ," ' ,...l.'t>F1' Plaintiff alleges in her Complaint that she suffered physical injuries from the motor vehicle accident of April 26, 1999. Plaintiff alleged in conjunction with her physical injury that she suffered mental anguish, loss of life's pleasures, embarrassment and humiliation. Plaintiff contends that she did not allege an independent, free standing psychological injury in her Complaint, but rather an allegation of general mental suffering of the type that commonly accompanies a personal injury action. Further, Plaintiff is not seeking damages for mental health treatment. Nor does Plaintiff seek recovery for medical expenses associated with her mental health treatment at Holy Spirit Hospital. See. Fetterhoff v. Zalezak, 34 Pa. D & C 4th 67,70 (1996). Plaintiff contends Defendants have made a bald assertion that her pSYChological condition is at issue. Plaintiff believes and avers that her psychological condition is not and has not been placed in controversy whatsoever by her Complaint, therefore; Defendants' Motion to Compel should be denied. In order to protect against an undue invasion of the privacy rights of individuals whose metal or physical condition is in controversy, Pennsylvania Rule of Civil procedure 401 o (a)(3) conditions the granting of a motion for a medical examination on several requirements. Goodrich Amram S 4010(a):1; See. State Farm Ins. Co. v. Swantner, 406 Pa. Super. 235, 594 A2d 1380 (1991). The Rule specifically requires that the moving party establish that good cause exists to support a court order for such an examination. The trial court must decide whether the moving party has adequately demonstrated good cause. In the instant case, Defendants have not provided one iota of support to demonstrate good cause, but for alleging that they need a court ordered psychological examination of Plaintiff. 3 " ~ . " . . o. ~" _"~ ^ The Supreme Court has enumerated several factors that do not meet the good cause standard: mere conclusory allegations of the pleading or by mere relevance of the physical or mental condition to the case. See. Schlaaenhauf v. Holder ,379 US 104 (1964); Goodrich Amram S 4010(a):10. Plaintiff believes and avers that Defendants have not demonstrated good cause adequately, therefore; Defendants' Motion to Compel should be denied. V. Conclusion Plaintiff, Deanna Murray, respectfully requests this Honorable Court to DENY Defendants' Motion to Compel because Plaintiff's mental condition is not and has not been i i i, , ! placed in controversy along with the fact that Defendants did not adequately demonstrate good cause for the Court to order a psychological examination. Respectfully Submitted, Date: 11 ~ J 0 J Handler, Henning & Rosenberg ~j~rn Attorney 10 # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 4 ~ __J "'- "-"', 1........- ,"-" ~" -'" .'~, '. ' , ~'--ff, CERTIFICA TE OF SERVICE AND NOW, this 'f'#-. day of th. A (I.. , 2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street POBox 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG By: M->t.Zr,,.. ~W;:::) Patricia Koh em -' '1 ' ~ ~, - '-,l, '" ~" ,,~ . o o MAR 0 8 2002 1;1) ... DEANNA M. MURRAY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1929 ROSE DELORES PRINDLE and CIVIL ACTION - LAW EXCEL LOGISTICS, INC., a/kla : EXCEL INC., AND EXCEL LOGISTICS : a/kla EXCEL INC. Defendants JURY TRIAL DEMANDED BRIEF IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL EVALUATION PURSUANT TO Pa.R.C.P 4010 I. Procedural History Plaintiff, Deanna Murray, commenced this action byfiling a Writ of Summons against Defendants. Rose Delores Prindle, Excel Logistics, Inc., and Excel Logistics, in Cumberland County on or about April 3, 2001. Plaintiff filed her Complaint on May 22, 2001, alleging she suffered serious personal injuries in an motor vehicle accident which occurred on April 26, 1999. The instant matter before this Court is Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation. II. Factual History This action arises from the serious personal injuries that Plaintiff suffered when Defendant, Rose Delores Prindle, driving a tractor trailer owned and operated by Defendant, Excel Logistics, Inc., and Excel Logistics, violently plowed into the rear of the vehicle Il,. " ',''-I ,. -.- "~ -""-,.,',,, o A.dC. ~ ~ Plaintiff was a passenger in at 40 miles per hour. Plaintiff sufferedinjuries to her neck, back and six-inch laceration to the scalp. Surgeries performed included an anterior cervical discectomyat C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. III. Question Presented Should Plaintiff be compelled to undergo an Independent Psychological Examination when she has not placed her psychological condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination? Suggested Answer: In the Negative IV. Argument Plaintiff should not be compelled to undergo an Independent Psychological Examination because she has not placed her Psychological Condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination. The Pennsylvania Rules of Civil Procedure provide when the mental or physical condition of a party is in controversy, the court may order the party to submit to a physical or mental examination. The order may only be made on motion for good cause shown. Pa. R.C.P. 4010 (a)(2)-(3). Defendants' Motion to Compel should be denied because the Plaintiff has not placed her psychological condition in controversy and Defendants have failed to show good cause. 2 ,~ . ., ",,<. - I I ~ _ ,- -~ -Iii1L, o o Plaintiff alleges in her Complaint that she suffered physical injuries from the motor vehicle accident of April 26, 1999. Plaintiff alleged in conjunction with her physical injury that she suffered mental anguish, loss of life's pleasures, embarrassment and humiliation. Plaintiff COntends that she did not allege an independent, free standing psychological injury in her Complaint, but rather an allegation of general mental suffering of the type that commohly accompanies a personal injury action. Further, Plaintiff is not seeking damages for mental health treatment. Nor does Plaintiff seek recovery for medical expenses associated with her mental health treatment at Holy Spirit Hospital. See. Fetterhoff v. Zalezak, 34 Pa. D & C 4th 67,70 (1996). Plaintiff contends Defendants have made a bald assertion that her psychological condition is at issue. Plaintiff believes and avers that her psychological condition is not and has not been placed in controversy whatsoever by her Complaint, therefore; Defendants' Motion to Compel should be denied. In order to protect against an undue invasion of the privacy rights of individuals , whose metal or physical condition is in controversy, Pennsylvania Rule of Civil procedure 4010 (a)(3) conditions the granting of a motion for a medical examination on several requirements. Goodrich Amram S 4010(a):1; See. State Farm Ins. Co. v. Swantner, 406 Pa. Super. 235, 594 A2d 1380 (1991). The Rule specifically requires that the moving party establish that good cause exists to support a court order for such an examination. The trial court must decide whether the moving party has adequately demonstrated good cause. In the instant case, Defendants have not provid'ed one iota of support to demonstrate good cause, but for alleging that they need a court ordered psychological examination of Plaintiff. 3 -" ,>" , ~ ni'", o o The Supreme Court has enumerated several factors that do not meet the good cause standard: mere conclusory allegations of the pleading or by mere relevance of the physical or mental condition to the case. See. Schlaoenhauf v. Holder ,379 US 104 (1964); Goodrich Amram S 4010(a):10. Plaintiff believes and avers that Defendants have not demonstrated good cause adequately, therefore; Defendants' Motion to Compel should be denied. V. Conclusion Plaintiff, Deanna Murray, respectfully requests this Honorable Court to DENY Defendants' Motion to Compel because Plaintiff's mental condition is not and has not been placed in controversy along with the fact that Defendants did not adequately demonstrate good cause for the Court to order a psychological examination. Respectfully Submitted, Date: lL ~} OJ Handler, Henning & Rosenberg ~J~ St n. He ,Esquire. Attorney 10 # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 4 ~ ~~ ~~,- ~I --; , L J ~I" ",'~ -,,,-,,,,,,.,,-,,~-,-,;""';;" ,',~, 'if).'c 'ii .1 o o CERTIFICA TE OF SERVICE AND NOW, this tR day of th. . {k , 2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed a.s follows: Stephen E. Geduldig,Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street POBox 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG By: Pd-.tZr'<o ./I..I,~.'::::> Patricia Kohn1eln '-OJ ~~ '......' (.~-.:' .., .'^^ <, .1 "'_' "..-<-0>_ -'-",'-.^~'" 'Y''',"'~''~ '-."-'.'1"_ ',__'_ --'~~-.--- ~',_~,""~F" ",', c, ,- , DEANNAM. MURRAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : No. 01-1929 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC., AlKlA EXEL, INC. and EXEL LOGISTICS, AIKIA EXEL, INC., : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: ri! I:! ',!: Please mark the above-captioned action settled, discontinued and ended. Respectfully submitted, HANDLER, HENNING & ROSENBERG Date: (,( 11.( 6 :l By: Wi s~~Phe . Held, Esq. l.D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff ~ '" -, ~'- ~ "4 .'~'.__"_ ~"~ ~._ _ ..,~.., ~_~~,~. .'" .. ,_~,. ~'''~'.''" -'_ ,- -,,-~ ,~ "-;" CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United State$ Mail, postage prepaid, at Harrisburg, pennsylvania, on the 12?~day of June, 2002, on all counsel of record as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for P1aintiff THOMAS, THOMAS & HAFER, LLP ~ E~ Stephen E. Geduldig, :130042.1 ~Y~*D~~illl~~~~~~~i' ; g: f,L. ",~,' ~,~:~~),~,~,r1,:J,~JG: C)+,);;:"WA;;f,V~", :4"~f~J~,S~f!\J!:~",.,"" ,"""t:;~ ,-_" "'''''''\.~.h,-r: o. I(JI*J'~-" ~,,,I'-- ,-1-, ~"~'=n c,w__ o C ".. -oeD rnrn Z:U '7C C?i I'" -<~ ~O ~C) 5Q L Z ::< .- "" o N C- C Z o -n :;:J i"'I1:D ""Fii "'"'~ (jf --i-" ::'.c i (:>:!J C?O Om -, ?i5 -< ." ::ll: ~ '"