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HomeMy WebLinkAbout99-07375 ?? .? 3 2 0 UARKLF S'I'll l'. I: 'I' • H'I'kA\P II I:RRI Sl)tT,%RF: 11.0. Box 126H • IIARRISUnRG, PENN51'I.\•ANIA 17108-1268 717.2.1.1.4161 • 717.234.6808 1FASI fix GOLDRERG, KATZMIAN & SIIIPMAN, P.C. kA?v AI IouNErNAY LAW June 12, 2001 OF CooNNFa. r•. Lee SHIPMAN John M. Eakin, Esquire, Chairman JOSIIIIA n. LOCK II:K Main and Market Streets Mechanisburg, PA 17055 AR•1'Iink L. GOI.UREk(i (1951.2000) HARRYII. GoLmun In re: Mindy welsh v. Eleanor Louise Yocum (1961.1998) No. 99-7375 Civil Cumberland County Common Pleas RONALD M. KNUSIAN Dear Mr. Eaken: PAm. J. Evosrm NeILHeNUF:k,Ro'r This will confirm that the Arbitration Hearing in the J. JAY COOPER above-referenced matter has now been rescheduled for TIIOIIAN E. BRENNER Monday, July 16, 2001, at 1:30 P.m., in the Second JGILN A. S•rA7'Lek Floor Hearing Room of the Old Courthouse in Carlisle. Aran. L. S'FRANC-KU1aP Thank you for your cooperation. Glll' If. BRIIGKN JEFFERSON J. SHIPMAN y tuly your s, r JEkkrJ. Rnsco MICHAEL J. CROGENZI nIONIAS 1. WEBER q 4 S7'el•RN E. GRURII efef J. Sh' man -? ?`on ARNOLO B. KOGAN JJS : mem ROYCE L. MORRIS FVAN J. KLINE. III cc: Boyd Spencer, Esquire Jolm DF.LGRF:Nao Stuart Cottee, Esquire Thomas E. Flower, Esquire, Arbitrator 1011N R. NINOSKI' Nora S. Gibson, Esquire, Arbitrator nAlm nt.s,'F:cee1. Office of Court Administrator r C AR LIN IA 0 F I•IC F.: 717.245.0597 • YIIRK 01'F IC F.: 717.843.7912 7 l 7f. i f "_•. T.O l Ef1KrN K G(iKIN MINDY WELSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW ELEANOR LOUISE YOCUM, NO. 99-7375 CIVIL Defendant N T(CF The arbitration scheduled for'1'hursd, May 31, 2001, in the above matter must be rescheduled at the request of the attorney for the dercudant who is engaged in a trial of a case in Lycoming County for that day. You will be notified promptly with some suggested alternate hearing dates. Hopefully the hearing will be rescheduled promptly. ?_ 171 rw- ............... Jo M. Eakin, Chairman April 20, 2001 cc: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff Thomas H. I, lower, Esquire 2109 Market Street Camp Ilill, PA 17011 Arbitrator Jefferson J. Shipman, Esquire 320 Market Street I larrisburg, PA 17108-1268 Attorney for Defendant Nora S. Gibson, Esquire 4 I.iberty Avenue Carlisle, PA 17013 Arbitrator Office of Court Administrator 1 Court I louse Square Carlisle, PA 17013 tI?I ,.l l'•1?1 • .141 it .. ,;?r•, n t' t ?A . tI? •fJ 1 , { Aiv; i' MINDY WELSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ELEANOR LOUISE YOCUM, : NO. 99-7375 CIVIL Defendant NOTICE OF ARBITRATION HEARING 'fhe Board of Arbitrators appointed in the above captioned case, have Fixed Thursday, May 31, 2001, at 1:30 o'clock, I'. M., in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, as the time and place for the hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time, including the scheduling of tale Hearing Room. John M. Eakin, Chairman April 20, 2001 cc: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff Jefferson J. Shipman, Esquire 320 Market Street Harrisburg, PA 17108-1268 Attorney for Defendant Thomas E. Flower, Esquire 2109 Market Street Camp Hill, PA 17011 Arbitrator Office of Court Administrator 1 Court House Square Carlisle, PA 17013 Bulletin Board Nora S. Gibson, Esquire 4 Liberty Avenue Carlisle, PA 17013 Arbitrator APR 2 3 2001 320 MARK E'1' S'I'RE ET • S'I'R AN'R R R R1' SO I I A RE P.O. BOX 1268 • HARRISBURG. PENNSYLVANIA 17108-1268 717.234.4161 717.234.6808 (FAX) 70 GOLDBERG, KATZMAN & SHIPMAN, P.C. ATTORNEYS AT LAW May 23, 2001 Via facsimile transmission 691-3281 OF COUNSEL F. LEE SIIIPMAN John M. Eakin, Esquire, Chairman Josnun D. LocK Main and Market Streets Mechanisburg, PA 17055 ARTHUR L. GOLDBERG (1951.2000) HARRY B. GOLDBERG In re: Mindy Welsh v. Eleanor Louise Yocum (1961.1998) No. 99-7375 Civil Cumberland County Common Pleas Dear Mr. Eaken: RONALD NI. KATZMAN PAUL J. ESPOSITO I wish to confirm the telephone conversation my NEIL HENDERSHOT secretary had with your office this morning, advising J. JAY COOPER that I have attached for trial to begin May 30, 2001 in THOMAS E. BRENNER Williamsport. At present this trial is expected to JOHN A. STATLER take four days to complete. APRIL L. STRANG-KUTA1' I expect to know no later than Tuesday, May 29, 2001, Guy H. BROOKS if this Lycoming County case has settled. At this JEFFERSON J. SHIPM.AN time, I would prefer not to cancel the above Arbitra- IERRYJ.Russo tion, but wanted to make you aware of the possibility MICHAEL J. CROCENZI of a late-notice cancellation. Tu OMAS J. WEBER STEVEN E. GRUBB Thank you for your cooperation. Please contact me if ARNOLD B. KOGAN there is further information you may require. ROYCE L. MORRIS EVAN J. KLINE, III ry truly you S, JOHN DELORENZO JOHN R. NINOSKY f erson J. Shipm n DAVID M.SrECKEL JJS :mem cc: Boyd Spencer, Esquire Stuart Cottee, Esquire Thomas E. Flower, Esquire, Arbitrator Nora S. Gibson, Esquire, Arbitrator 4. CARLISLE. OFFH:K: 717.245.0597 • YORK OFFICE: 717.843.7912 MAY 2 4 2001 320 MAIL K E'1' S"I'R I: E'1' • S I'll A N' 11 F R Itl' SOrA R P: 1'.0. BOX 1268 • HARRISBURG. PENNSYLVANIA 17108-1268 717.234.4161 • 717.2.34.6808 (FAX) GIB GOLD RERG, KATZMAN to Sn IP6IAN, P.C. Al 1'0 RN F. 1'S AT LA %V May 9, 2001 OFCOCNSEL F. LEE SmpP IAN JOSHUA 1). LOCK ARrUUR L. GOLDIIERC (1951.2000) HARRY B. GOLDBERG (1961.1998) RONALD A1. KATZMAN PAUL J. ESrosrro NEU. HENDERSHOT 1. JAY COOPER 1*IIOSIAS E. BRINNER JoUN A. STATLER APRIL L. SPRANG-KUTAY GUY H. BROOKS JEFFERSON J. SUIPMAN JERRYJ. RL!sso MICIIAEL J. CROCENZI •I'HOAIAS J. WEIIER STEVEN R. GkURR ARNOLD 11. KorAN ROYCE L. MORRIS Ii VAN J. K1, INE, I I I JOHN DELORENZo JOHN R. NINOSSY DAVID \1. S'I'I'.CK E. I. John M. Eaken, Esquire Main and Market Street Mechanicsburg, PA 17055 Thomas E. Flower, Esquire 2109 Market Street Camp Hill, PA 17011 Nora S. Gibson, Esquire 4 Liberty Avenue Carlisle, PA 17013 Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19901-1795 In re: Mindy Welsh v. Eleanor Louise No. 99-7375 Civil Cumberland County Common Pleas Arbitration Hearing 5/31/01, 1 Gentlemen: Yocum 00 P.M. Enclosed please find the Defendant's Arbitration Memorandum in the above-referenced case which is scheduled for an Arbitration Hearing on Thursday, May 31, 2001, at 1:00 P.M. Very truly yours, Je a son Jn Sh'pman JJS:mem Enclosure cc: Stuart Cottee, Esquire (w/enc.) CARI.M.F. OFI'mr: 717.245.11597 • YORK OFF Ua.: 717.843.7912 '. 1 MAY 1 0 2001 i MINDY WELSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ELEANOR LOUISE YOCUM, : NO. 99-7375 CIVIL Defendant : NOTICE OF ARBITRATION HEARING The Board of Arbitrators appointed in the above captioned case, have fixed Thursday, May 31, 2001, at 1:30 o'clock, P. M., in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, as the time and place for the hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time, including the scheduling of the Hearing Room. John M Eakin, Chairman April 20, 2001 cc: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff Jefferson J. Shipman, Esquire 320 Market Street Harrisburg, PA 17108-1268 Attorney for Defendant Thomas E. Flower, Esquire 2109 Market Street Camp Mill, PA 17011 Arbitrator Office of Court Administrator I Court I-louse Square Carlisle, PA 17013 Nora S. Gibson, Esquire 4 Liberty Avenue Carlisle, PA 17013 Arbitrator Bulletin Board I G S A OF COUNSEL F. I.F.P. SIIIPMAN ..,IOS1IUA D. LOCK AR'I'Iillx 1.. COLDnF.RG (1951-:000) IIARRY R. COI,IIIiRG (1961-7998) RONALD M. KA ZMAN PAUL J. ESPOSI" 0 NEN. I IHNDRR51101' J. JAY COOPER THOMAS E. BRENNER JOHN A. SrAi LER APRIL. L. S'rxANC-KUTAY GUY 11. BROOKS JEFFERSON J. SNPMAN jI:RRY1. RUSSO MICHAEL J. CROCEN%1 'I'IIOMAS 1. Wk*R :R STEVEN F. CRUBB ARNOLD B. Kor,AN ROYCE L. MORRIS 320 MARKET STREFT • STRAWBERRY S0UARE 11.0. Box 1268 • HARRISBURG. PI:NNS1'I.\'.\NIA 17108-1268 717.234.4161 717.234.680y0('F.YN) GOLDBF:RG, [SATZALAN & SIIIPMAN, P.C. ATTORNEYS Ar LAW June 12, 2001 John M. Eakin, Esquire, Chairman M31n and Market Streets Mechanisburg, PA 17055 In re: Mindy Welsh v. Eleanor Louise Yocum No. 99-7375 Civil Cumberland County Common Pleas Dear Mr. Eaken: This will confirm that the Arbitration Hearing in the above-referenced matter has now been rescheduled for Monday, July 16, 2001, at 1:30 P.M., in the Second Floor Hearing Room of the Old Courthouse in Carlisle. Thank you for your cooperation. y truly yours, 1 4?on J. Shijppmaan qef JJS:mem EVAN J KLINE III cc: Boyd Spencer, Esquire Stuart Cottee, Esquire Jour DELonEN'O Thomas E. Flower, Esquire, Arbitrator JOHN It. NINOSKY Nora S. Gibson, Esquire, Arbitrator DAVID %I. SreGKEI' Office of Court Administrator CARI.ISLE OF FU:E: 717.2.15.0597 • YoKK 01 Firs.: 717.843.7912 MINDY WELSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ELEANOR LOUISE YOCUM, NO. 99-7375 CIVIL Defendant NOTICE OF ARBITRATION HE IN The Board of Arbitrators appointed in the above captioned case, have fixed Thursday, May 31, 2001, at 1:30 o'clock, P. M., in the Second Floor Hearing Room of the Old Courthouse, Carlisle, Pennsylvania, as the time and place for the hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time, including the scheduling of the Hearing Room. April 20, 2001 r? Z?q- d B i cc: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff Thomas E. Flower, Esquire 2109 Market Street Camp Hill, PA 17011 7-?i `lGT ?'`~ Arbitrator 2,2 Office of Court Administrator 1 Court House Square Carlisle, PA 17013 ell. Olt> -Bulletin-Board John M. Eakin, Chairman qe Jefferson J. Shipman, Es ire ?,q , 320 Market Street Harrisburg, PA 17108-1 68 Attorney for Defendant Nora S. Gibson, Esquire 4 Liberty Avenue Carlisle, PA 17013 Arbitrator ke Ly4'-Zd// MINDY WELSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ELEANOR LOUISE YOCUM, : NO. 99-7375 CIVIL Defendant : NOTICE The arbitration scheduled for Thursday, May 31, 2001, in the above matter must be rescheduled at the request of the attorney for the defendant who is engaged in a trial of a case in Lycoming County for that day. You will be notified promptly with some suggested alternate hearing dates. Hopefully the hearing will be rescheduled promptly. April 20, 2001 cc: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff Thomas E. Flower, Esquire 2109 Market Street Camp Hill, PA 17011 Arbitrator /)l . 'EL - Jo( M. Eakin, Chairman Jefferson J. Shipman, Esquire 320 Market Street Harrisburg, PA 17108-1268 Attorney for Defendant Nora S. Gibson, Esquire 4 Liberty Avenue Carlisle, PA 17013 Arbitrator Office of Court Administrator 1 Court House Square Carlisle, PA 17013 JOIIN M. EAKIN A'1'1'01tNEY AT LAW MARKET SQUARE BUILDING ME'CHANICSBURG. PA 17055 'T'ELEPHONE 717-766-3172 JOHN M. EAKIN FAX NUMBER 717-691-3281 FAX MESSAGE DATE: May 29, 2001 FAX ( 610 ) 277-4888 TO: Boyd Spencer, Esquire ATTENTION: FROM: John M. Eakin MESSAGE: f' { i? 'i This notice is sent by FAX only! PAGEIOF 2 ,. I `'1 PINY 23 '01 01: 15PP1 G. I;. S., P. C. P.1 320 ?•1 ARK41'1' S:NLCT • J"r RAM'M I:N NI' lVl'1Rf: P.O. BI)X 1268 • HARRIRB U RC,\TES\RYLA'AAIA 17108.1265 717.;34.4161 • 715.23..6808 nXl 6 A-1 (io1.UB R RG, KATZAIAN E•+ SHI PNIAN, P.C. A'rro R.C15 AT LAW !.:_y 23, 2001 Via facslr:die LransTl_ssion 691-3281 UP COUNSEL F. LEE SH:IINIAN uohn M. Sa%iIh, nsqulre, Cnair°:an JOSHCA D. Lo:K ::air. and i..arkpl: BLreetS Mechanisburg, ?E :7055 ARTHUR L. GOLDBERG (1951-20o0t - In re: Mindy 9+els-n' v. Eleanor Louise YOCUM HARRYB_GOLDBERG (1961.1999) No. :--1 ,7 (,, 1V! 1 Cur i:erle^d County CoFx,10-, Pleas =1ea_ .._. ...4.(137:. RONALD M. KATZ'.IAN PAUL). Esrosrro T wish to confirm [he te.iephone converza_ion my NEIL HE.DRRSHOT secretary had with your of f ice this morning, advising 1. JAY COOPER that _ have attached for trial Co begin May 30, 2001 in TIIOSIAr E. BRENNEP 7illiams ort. AL resent thi3 trial 'S expeCCeCI LO e0 P Jon. A. STArLeR La?:e four Lays tc Ccmhlete. APRIL L. $'r RANG-KL7'k1 _ e7:p2CL tc know no later .r fan TUec..a•, May y 29, 2001 .. , GcY H. BROOKS f this Lycomina County case as settled. At thiE JEFFERSON J. SHIPMAN time T Would prefer no: to cancel the above Arbitra- JeiRYJ.Russo tio: or, but warted to make you aware of the possibility MICHAEI. J. CROCENZI of a late-notice cancellation. THns+As J. WERP.A 8'If:PE.E.GRUBB Than: you for voUr Cooperation. Please contact me :..`. ANNOLu B. ROGAN there is tlur_ner in_tormatio:_ you may require. ROVCK L. }(naNls KLINE III E N , VA J. Jows DeLORF..Nzo Jon. R. NINOSKI F J:_erson .;. Ship. ter. DAVID M. S*rRCKLI' ? ... I:c: Eoyd Spencer, -'squire sLuart COLtee, -.squi,-e Thomas E. e'Iowar, Esquire, Arbitrator Iiora S. Gibson, Esquire, Arbitrator CARLISLE OkFll:e: 717.235.0547 • YORK ol'rwE: :17.94].7912 I' 320 MARK E'1' STRE. E'I' • S'I'R AU 11 I. R It Y SOI -ARE P.O. BoX 1268 II AKRIS B II RG, PRNNSYI.VAN IA 17108.1268 717.234.4161 717,234.6808 (FAX) f?ff 70 GOLDBERG, KA•rZNIAN & S111PAIAN, P.C. ATTORNEYS AT 1, Aw May 9, 2001 John M. Eaken, Esquire Main and Market Street 017 C01INSEL Mechanicsburg, PA 17055 1°. LRE SIOPAaN JOSIIUA D. LocK Thomas E. Flower, Esquire AR'ruUR L. GOLDBERG 2109 Market Street (1951-2000) Camp Hill, PA 17011 HARRY B. GOLDBERG (1761-1998) Nora S. Gibson, Esquire 4 Liberty Avenue Carlisle, PA 17013 RONALD M. KATZMAN PAUI. J. F.srosrro Boyd Spencer, Esquire NEIL FIENOERSIIOT 2100 Swede Road J.J,\r000rER Norristown, PA 19401-1745 'rnwlAs E. BRENNER JouN A. SrsrLER In re: Mindy Welsh v. Eleanor Louise Yocum No. 99-7375 Civil APRG, L. S'I'RANG-KUTAY Cumberland County Common Pleas Guy 11. BROOKS Arbitration Hearing 5/31/01, 1:00 P.M. JEFFERSON J. SUIPAI.AN J ERRY J•RUSSO Gentlemen: .%IICIIAEI- J. CROCEN'/.I -1-IIOAI.\R J. WEBER Enclosed please find the Defendant's Arbitration STEVEN E. GRuKK Memorandum in the above-referenced case which is ARNOLD 11, KoI;:\N scheduled for an Arbitration Hearing on Thursday, May JJOVCE L. MORRIS 31, 2001, at 1:00 P.M. Very truly yours, Ev.\N J. KI.INe. 111 / Jon% DELOREN'J.O JotiN It. NINOSKY Jefferson J. Shipman DAVID.I.S1'EGKEI. JJS:mem Enclosure cc: Stuart Cottee, Esquire (w/enc.) CARLISLY Orr wr; 717.246.397 • YORK Orl'Icr:: 717.843.791: Jefferson J. Shipman, Esquire I.D. R: 51785 John R. Ninosky, Esquire I.D. N: 78000 GOLDBERG, HATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MINDY WELSH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7375 CIVIL JURY TRIAL DEMANDED VS. ELEANOR LOUISE YOCUM, Defendant DEFENDANT'S ARBITRATION MEMORANDUM I. Statement of Facts This matter arises from an automobile accident which occurred on November 14, 1996. Defendant was operating a 1985 Caprice southbound along State Route 74, Waggoners Gap Road, in North Middleton Township near the intersection of Coral Drive. Plaintiff and Defendant's son, Robert Yocum, were passengers in the vehicle. Without warning, Defendant's son grabbed the wheel of the moving vehicle and caused the vehicle to go out of control. The vehicle drove off the left side of the road and came to rest in a ditch. Plaintiff, who is a limited tort plaintiff, was taken to Carlisle Hospital with complaints of pain in both knees and pain in her legs below her knees. X-rays were taken of the Plaintiff's right leg from her knee down, and Plaintiff's ribs. L Within two or three days, Plaintiff was examined by her family physician. Plaintiff presented with pain in her right knee down 4 to her right ankle. There were also complaints of swelling and black and blue in Plaintiff's right knee area. The family physician ordered another x-ray which allegedly revealed a break ` Plaintiff's right leg. Specifically, Plaintiff suffered a i ' n ? non-displaced fracture of the proximal third of the right fibula. w Plaintiff was given a knee brace, crutches and prescribed pain 'I medication. On March 4, 1997, an MRI was taken at Hershey Medical Center which revealed a grade 3 tear of the posterior l s horn of the right lateral meniscus. Plaintiff has not sought treatment from any physician since early 1997 for these injuries. Plaintiff was examined by Perry A. Eagle, M.D. on February 16, 2001. (A copy of Dr. Eagle's report is attached hereto as Exhibit A). Dr. Eagle's examination revealed the following: [T]he patient does not appear to be in any acute distress. The patient's gait is normal. She does not limp. She is able to heel and toe walk without difficulty. She is able to squat upon her right knee. At the extreme of squatting, she complains of some discomfort. She arises from the squatting position without difficulty. No knee effusion is present. There is no tenderness to deep palpation over the medial or lateral joint lines. The right knee actively flexes in the prone position to 125 degrees compared to 130 on the opposite side. Both knees fully extend. With flexion and extension, 1) there is some mild bilateral crepitus. The McMurray test is negative. The cruciate and collateral ligaments are stable. is is no atrophy of the quadriceps. tenderness over the proximal fibula. There i s no peroneal nerve dysfunction. (Exhibit A, Page 2). Eagle conducted an x-ray of Plaintiff's right knee which Dr. that the bony architecture of Plaintiff's knee to be within normal limits. The leg fracture also appears to be healed and should not cause any residue complaints. (Exhibit A, Page 3). Plaintiff has had no further MRI studies, and cartilage tears can heal spontaneously. Id. Dr. Eagle concluded that though the Plaintiff may have some residual symptoms from the knee injury, Plaintiff has not suffered a significant impairment of bodily function. Id. II. Issue DID THE ACC PLAINTIFFUTONSUFFER ANIDINJURYENT A1SERIOUS996 IMPAIRMENT OF BODY FUNCTION? Sucraested Answer: No III. Discussion it goes without saying that plaintiff has the burden of proof in this matter. Plaintiff is considered limited tort 3 pursuant to the provisions of the Motor Vehicle Financial Responsibility Law 75 Pa.C.S. § 1701 et seq. (Hereinafter the "MVFRL"). Section 1705 of the MVFRL states in pertinent part that [e]ach person who elects the limited tort alternative remains eligible to seek compensation for economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. Unless the injury sustained is a serious injury, each person who is bound by the limited tort election shall be precluded from maintaining an action for any noneconomic loss... 75 Pa.C.S. § 1705(d). Section 1702 of the MVFRL defines "serious injury" as "a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement." "Thus, while an insured who has elected the limited tort option remains eligible to seek compensation for economic loss sustained in a motor vehicle accident caused by the negligence of another, the insured will be precluded from maintaining an action for any noneconomic losses unless the insured can show that his injuries cross the 'serious injury' threshold." Washington v. Baxter, Pa. _, 719 A.2d 733 (1998). The Supreme Court in Washington v. Baxter adopted the following definition concerning serious impairment of body function: 4 The serious impairment of body function" threshold contains two inquiries: a) What body function, if any, was impaired because of injuries sustained in a motor vehicle accident? b) Was the impairment of body function serious? The focus of these inquiries is not on the injuries themselves, but on how the injuries affected a paricular body function. Generally, medical testimony will be needed to establish the existence, extent, and permanency of the impairment was serious, several factors should be considered: the extent of the impairment, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. An impairment need not be permanent to be serious. Washinaton v. Baxter, _ Pa. _, _, 719 A.2d 733,790 (1998) auotino DiFranco v. Pickard, 398 N.W.2d 896,901 (1986) Plaintiff suffered a non-displaced fracture of her right leg which has healed without incident or limitation. Plaintiff claims to have suffered an injury to her ribs which has resolved. Plaintiff also claims to have suffered a torn meniscus as a result of the injury. Plaintiff has not undergone any surgery to treat her injuries. No medical provider has placed any restrictions upon Plaintiff concerning her daily activities. Plaintiff has not been treated by any orthopedic physician since March of 1997. Plaintiff is also able to work a full-time job and to care for her child. Therefore, it is respectfully submitted that Plaintiff will be unable to demonstrate that any 5 injury she sustained in the motor vehicle accident at issue caused her to suffer a serious impairment of body function. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. BY ??1 y nt ??lC?°y'1iC( rl Jef etson J. Shipman, Esquire Attorney I.D. #51785 John R. Ninosky, Esquire Attorney I.D. #78000 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Date: 60395.1 6 n".p ® Exhibit A HOURS BY APPOINTMENT r 210 February 16, 2001 Jefferson J. Shipman, Esquire uare 320 Market Street, Strawberry Sq p.0. Box 1268 Harrisburg, PA 17108-1268 RE: Mindy Welsh SSN: 186-60-4733 ORTHOPAEDIC SURGERY HANDSURGERY Dear Attorney Shipman: for an independent was seen by me at Your request t on February 16, 2001, a mThetmedicalreco The above patient was obtained from the patient. medical evaluation rdst knee. The history were briefly reviewed. roadinto The patient's history dates back =° in° a e car rthat ran6offhthes a a rear-seat unrestrained passengs the incident, but a ditch. She is not sure what happened during pain in her legs afterward complained of severe pain in both knees and pambulance below her knees. She was taken to Carlisle Hospital by x-rays were taken of her right leg from her knee afterward, where down, and of her ribs. states she was seen in two or three days by her family The patient of right knee down to her right ankle pain. She physician, complaining and was black and blue in her right states she experience swelling and a break in her leg knee area. She states she also complained off numbness. She states her family doctor ordered another riven aeknee brace, crutches and was found. She states she was g prescribed pain medication. The patient states she continuue eint d to have complaints of right doctor pain l of swelling, buckling and giving way', all of the time. She comp patient states and continued to wear her knee race. rShe s1997. The paati y tates her ferred her to Hershey around Februa of ee referred for an MRI of the right k she was 1997 and also referred to a re specialist, who she saw one time in early PERRY A. EAGLE, M.D. 181 LEADER HEIGHTS ROAD YORK, PENNSYLVANIA 17402 TELEPH014E(717) 741.4888 FAX (7171741,2352 Jefferson J. Shipman, Esquire Page Two RE: Mindy Welsh Since early 1997, the patient states that she has not seen any other physician about her knee complaints. In general, the patient states that her right knee is relatively the same for the past three years. She states she has pain about every day, but that there are periods when her right knee is O.K. The patient states she can't kneel on the floor or she will experience knee pain. She states that excessive standing and walking increase her symptoms of pain. She complains of occasional night pain, and occasional popping and clicking. She denies swelling or giving way when walking. She complains of her knee going to sleep at times when driving. The patient states she takes Advil every day for right knee pain, about seven or eight pills per day for the past one to two years. The patient denies any injuries or problems of her right knee prior to the incident of 11/14/96. The patient states that at the time of the incident she was a student. The patient is employed at Wendy's for the past two years as a manager, which requires her to be on her feet about fifty hours a week. The patient states that today her right knee is O.K., but that the long drive bothered her knee. Physical examination was performed. At the outset, the patient was asked to tell me if any portions of the physical examination which she did or I did caused any discomfort. The patient acknowledged these instructions. Her examination reveals that the patient does not appear to be in any acute distress. The patient's gait is normal. She does not limp. She is able to heel and toe walk without difficulty. She is able to squat upon her right knee. At the extreme of squatting, she complains of some discomfort. She arises from the squatting position without difficulty. No knee effusion is present. There is no tenderness to deep palpation over the medial or lateral joint lines. The right knee actively flexes in the prone position to 125 degrees compared to 130 on the opposite side. Both knees fully extend. With flexion and extension, there is some mild bilateral crepitus. The McMurray test is negative. The cruciate and collateral ligaments are stable. There is no atrophy of the quadriceps. There is no tenderness over the proximal fibula. There is no peroneal nerve dysfunction. Jefferson J. Shipman, Esquire Page Three RE: Mindy Welsh x-rays of the right knee taken in our office today reveal the bony architecture to be within normal limits, except for some thickening in the proximal third of the fibula consistent with a healed non- displaced fracture. There are no areas of ectopic calcification. There is no evidence of degenerative disease. There is no evidence of calcification in the cartilages. An MRI of the right knee from Penn State Hershey dated 3/4/97 was reported as a grade 3 tear of the posterior horn of the right lateral meniscus. The patient, by her history and by review of films today, sustained a non-displaced fracture of the proximal third of the right fibula. This fracture has united. There was no evidence of a peroneal nerve injury. This fracture should cause no residual complaints. The patient had symptoms referable J:o her right knee. I am unaware of the physical findings at the time of her MRI. The MRI was consistent with a grade 3 tear of the posterior horn of the right lateral meniscus. In general, an MRI has a high specificity in defining tears of the cartilage. No follow-up MRI has been obtained. Cartilage tears can heal spontaneously. The patient has some residual symptoms which may be attributed to the cartilage injury. It is my opinion, based on the information supplied to date, she has not sustained a significant impairment of bodily function. The patient was cooperative during the conducting of the medical evaluation. Upon my direct questioning, she had no complaints concerning the manner or way the independent medical evaluation was conducted. If I may be of any further help or clarification, please do not hesitate to call or write my office. Since Perry A. Ea e, M.D. PAE/dkz Jefferson J. Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MINDY WELSH, Plaintiff VS. ELEANOR LOUISE YOCUM, Defendant IN THE COURT OF UUMMUN rLnn? CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7375 CIVIL JURY TRIAL DEMANDED MOTION TO REMOVE FROM TRIAL LIST AND PROCEED TO ARBITRATION AND NOW, comes the Defendant, Eleanor Louise Yocum, by and through her counsel, Goldberg, Katzman & Shipman, P.C., and files the following Motion to remove the case from the trial list and proceed to Arbitration: 1. The above case was listed for trial. 2. Counsel for the Plaintiff has requested the case proceed to County Arbiration with the right of appeal. 3. The parties have entered into a formal stipulation to remove the case from the July 2001 trial term and proceed to County arbitration with the right of appeal. See attached Stipulation. 4. That a Praecipe for a County Arbitration is being filed contemporaneously with this Motion. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: 3 I3c7 of 61148.1 Y ,L L/ k OVArlea J fferson J. Shipm n, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 2 k tw MINDY WELSH, VS. Plaintiff ELEANOR LOUISE YOCUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7375 CIVIL JURY TRIAL, DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed by and between Boyd Spencer, Esquire, counsel for Plaintiff, and Jefferson J. Shipman, Esquire, counsel for Defendant, that the case be removed from the July 2001 Trial Term and proceed to County Arbitration, with the right of appeal. DATE : ;- Z ? - 0 DATE: 3 I ??t 161 40347.2 Boyd Spencer, Esquire 21001 wede Road Norr stown, PA 19401-1745 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Je fefzron J. Shiprhan, Esquire 32 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states 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. §4904, relating to unsworn falsification to authorities. Je 'e "son J. Shipman DATE: lot 58441.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the Un i ted States Mail, postage prepaid, in Harrisburg, Pennsylvania, on March 30, 2001: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney fo r Plaintiff 38336.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. ?y/?.' ctrl.-L J f erson J. Shipm n, Esquire A torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant T, r r. r i `? ?` 3 ?4 v ? ? ?? ?. ? ?? ?? ?? a a ? _ r._ ?._ i:: '- _ >•? _y ', ?:_: ,:_? ?" ? '' 3 '? Ca _. c PRAECIPE FOR L:STI` G CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY.`OF Cli)IBERLAND COUNTY Please list the following case: (Check one) ( g 1 for JURY t:ial at the nest term of civd court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) MINDY WELSH, vs. (Plaintifi) ELEANOR LOUISE YOCUM, vs. (Defendant) (check one) ( ) Assumpsit ( R ) Trespass ( ) Trespass (Motor Vehicle) (other) The trial list will be called on June 12, 2001 and Trials commence on July 9, 2001 ?retrials will be held on June 20, 2001 (Briefs are due 5 days before pre- trials.) (The party listing this case for trial, shall provide forthwith a copy of the praecipe to all counsel, pursuant to focal Rule 214-1.) No. 7375 Civil 19 99 Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esquire Indicate trial counsel for other parties if known: Boyd Spencer, Esquire This case is ready for trial. Date: 11112401 Sigred•-. i Print Same. Jefferson J. Shipman, Esquire Defendant Attorney for: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on March 15, 2001: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. J ff rson J. Shipman Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 38336.1 Attorneys for Defendant C? J 2 - C.1 ii to . :J U 10 COMMONWEALTH OF PENNSYLVANIA rnttNTY of CUMBERLAND BOYD SPENCER, ESQUIRE 2100 Swede Road Attorney for Plaintiff (610) 277-4700 FAX 277-4888 Norristown, PA 19401-1745 Id. No. 28400 IN THE COURT OF COMMON PLEAS OF Mindy Welsh CUMBERLAND COUNTY P.O. Box 225 Loysvllle, PA 17047 Plaintiff, Civil Action -Law verses Eleanor Louise Yocum qq7_7757) Perry County R.D. #1, Box 101 B Blain, Pa. 17006 Defendant. PRAECIPE TO ISSUE WRIT OF SUMMONS To The Prothonotary: Kindly issue a Writ of Summons in Civil Action to Defendant, Eleanor Louise Yocum, in the above-captioned matter. ,-, ,/ DATED: December 7, 1999 Plaintiff SUM To: Eleanor Louise Yocum R.D. #1, Box 101 B Blain, Pa. 17006 You are hereby notified that E CL m a m z C N Mindy Welsh P.O. Box 225 Loysville, PA 17047 has fw* commenced an action against you. Date ?q SEAL OF THE COURT Curt Long, Prothon tary^ By. (?( eputy) ? ? ` ? y ?, y ?'" o % c, ?`' :- r? ?' \P ? ' ? c J :' ya- '???<.: ?y . ? J ?• n V L,_ , v '??:IL ? ? ? 1 ` ; ,? v ?" + LG' j 1,? ? v l.q a SHERIFF'S RETURN - OUT OF COUNTY ?•a 'I CASE NO: 1999-07375 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELSH MINDY VS YOCUM ELEANOR LOUISE 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: YOCUM ELEANOR LOUISE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 23rd , 1999 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 8.00 Deutize Perry Co 32.60 .00 67.60 12/23/1999 BOYD SPENCER So answers: ?.. "' R./ Thomas Kline ' Sheriff of Cumberland County Sworn and subscribed to before me this day of .2tvo A. D. ---Prothonotary v In The Court of Common Pleas of Cumberland County, Pennsylvania Mindy Welsh VS, Eleanor Louise Yocum No99-7375 Civil No. - Now, 1219/99 , 19_,,1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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 nn /G , 19 9`/ , at q.12 ,o. o'clock M. served the NOW, 1,2rr ?h?? within m Purns upon klog,jac ; so I ca r? at r by handing to Oea a o r L ; s c copy of the original and made known to the contents thereof. So answers, r t4 Sworn and subscribed before me this 1a/ day of - , 1, 9? uor Nl?1. SEAL - ! KAREN A. DASCLIN. taofaq fu61lc Elamnfiel;l po: ?. Pun; : swr. •. r-I. !v CcwE•?pir. , r" Sheriff of COSTS SERVICE 1`70'0 MILEAGE 10-(ro AFFIDAVIT d-• Lo County, PA 3? toy I MTNDY WELSH, Vs. ELEANOR LOUISE YOCUM, Defendant PIni.nti.f.f IN THE COURT OF COMMON PLEAS OF CL^SBERLAND COUNTY, PEWSYLVANIA NO• 7375 CIVIL 19 99 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, . counsel for thexP*2*22?/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (vcma=g)§Mg) is 41%) at issue. 2. The claim of the plaintiff in the action is $ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 4Je sgeL/t l3.?? Su m' ed, C tc` f rson J. Shipman, Esquire ORDEROF COURT AND NOW, ./ - 9 ?'?,LVV, 19• ?&in consideration of the foregoing pe`tition, ??ff //,,,- Esq., Esq., and _/t e-z4LZ . =ew ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Co P. J. 1 ;, ..., '. ,1 :' VI? - .?,??I?,'? , r ?, ?, ? 1 ?•. ? , ? J CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on March 30, 2001: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff GOLDBERG, KATZMAN & SHI PMAN, P.C. J f rson J. Shipm , Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 38336.1 r? J t_ V ?J w BOYD SPENCER, ESQUIRE 2100 Swede Road Attorney for Plaintiff PA 19401-1745 Id. No. 28400 (810) 277-4700 FAX 277-4888 Norristown, Mindy Walsh Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P.O. Box 225 Civil Action -Lew Loysvlllo PA 17047 versus 99-7375 Civil Eleanor Louise Yocum Defendant. R.D. s1, Box 101 B This Case Does Not Exceed Blain, Pa. 17006 Arbitration Limits Pursuant to Local Rule 1301-1 NOTICE TO DEFEND NOTICE You hew been wed In awrt. if you wish to defend scal"t the claims set forth in the following Pages, you must take with the court your d defnotice am enses or obj lions to the claims set forth against you. You ere writing after action by attorney an twenty nd filing 120) days warned that if you fail to do so the once may proceed without you and a judgment may 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 tons money or property or other rights Important to you. YOU SHOULD K THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A OR AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU NEGET HELP.NOT CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249.3166 COMPLAINT 1. Plaintiff, Mindy Welsh, is an individual, citizen and resident of the Commonwealth of Pennsylvania, residing therein at P.O. Box 225, Loysville, PA 17047, who was born on January 1, 1980. 2. Defendant, Eleanor Louise Yocum, is an individual, citizen and resident of the Commonwealth of Pennsylvania, residing therein at R.D. A, Box 101 B, Blain, Pa. 17006. 3. All paragraphs of this complaint are incorporated by reference into all counts of this complaint, as if set out in full. COUNT I: NEGLIGENCE 4. On November 14, 1996, Plaintiff, Mindy Welsh, was a passenger in an automobile on Route 74, also known as Waggoners Gap Road, North Middleton Township, Cumberland County, Pennsylvania. 5. The Defendant, Eleanor Louise Yocum, was operating the aforesaid automobile in v which Plaintiff, Mindy Welsh was a passenger. BOYD SPENCER, ESQUIRE 2100 Swede Road Norristown, PA 19401-1746 02/11I00, 1:66pm 6. In the course of operating the aforesaid automobile, the Defendant turned to look into the back seat of the automobile thereby averting her attention from the roadway. 7. The Defendant lost control of the automobile which left the roadway and landed in a ditch beside the roadway, injuring Mindy Welsh. 8. The Defendant, Eleanor Louise Yocum, was negligent and careless in that she: a. Operated her motor vehicle in a generally careless manner; b. Operated her motor vehicle at an excessive speed under the circum- stances; c. Failed to keep a proper lookout; d. Failed to have her motor vehicle under proper and adequate control as the situation warranted; e. Violated the applicable statutes of the Commonwealth of Pennsylvania regarding the operation of a motor vehicle upon the public highway. 9. The negligence of the defendant was a substantial factor in causing the damage and injuries to Plaintiff, Mindy Welsh, which are more fully described below. COUNT II: DAMAGES 10. Plaintiff, Mindy Welsh, suffered, among other injuries, a broken fibula, tom meniscus, pain and contusions to the left chest, left leg contusions on the anterior shin, head and neck pain, migraine headaches, multiple bruises, contusions and abrasions, shock and injuries to her muscles, tendons, ligaments, tissues, bones, discs, connecting tissues thereto, nerves and nervous system, some or all of which may be continuing and permanent. 11. Further damages include expenditure by Plaintiff of various sums of money for medical treatment and care, drugs and medication, all in an effort to treat and cure herself of her injuries and ills, some or all of which may be continuing and permanent. 12. Further damages include anxiety, nervous tension, physical and mental pain and suffering, some or all of which may be continuing and permanent. 13. Further damages include a loss and diminution of earnings and earning potential, some or all of which may be continuing and permanent. 02/1 IM. 1:66pm -2- ry BOYD SPENCER, ESQUIRE 2100 Swede Rood Norristown, PA 18401-1745 t WHEREFORE, plaintiff, Mindy Welsh, requests this honorable Court enter judgment against the Defendant and in favor of the plaintiff for compensatory damages, Plus interest, attorney fees and costs. DATED: February 11, 2000 & for Plaintiff, Welsh I? O VI woo. 1:e5pm sow SPENCER, ESQUIRE 9 2100 Swede Road ,-. Norristown, PA 19401-1746 (!a - .. .? ..? VERMCAUON AND CI? IMCATION I, Mindy Welsh, hereby stale and verify and certify that the statements in the above Complaint and the attachments thereto, are true and correct to the best of my information, knowledge and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. 14904 relating to umnwrn falsification to authorities. I am savers that if any of the foregoing statements made by me are fwillfully false, I am subject to punishment. DATED: Li2--Oz 1.7, /III/ Mindy Welsh Z /Wn T LU W 7 m O F - CL Go N oN O n N r .?1 ?? .. r-- .. ?: ,i- i . ?... r-. i:. i_ •, C: L! .- ? V_ ' `? ' <? ?_? ??? i.J (610) 277-4700 FAX 277-4888 Mindy Welsh versus Eleanor Louise Yocum AND NOW, comes the Plaintiff, Mindy Welsh, by and through her attorney, Boyd Spencer, Esq., and files the following Answer to Defendant's New Matter: 14. The allegations in Paragraph 14 of Defendant's New Matter are conclusions of law to which no answer is required, under Rule 1029 (b) of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts, in said paragraph alleged in support of these conclusions of law are specifically denied and strict proof thereof is demanded. 15-18. Denied. All averments in Paragraphs 15 through 18 of Defendant's New Matter are specifically denied and strict proof thereof is demanded. On the contrary, the Defendant's actions and/or breach of duty of care toward the Plaintiff and the Defendant's failure to exercise reasonable care for Plaintiffs safety was a substantial factor and/or proximate cause in causing damage to the Plaintiff. 19-26. The allegations in Paragraphs 19-26 of Defendant's New Matter are conclusions of law to which no answer is required, under Rule 1029 (b) of the Pennsylvania Rules of Civil Procedure. Furthermore, any and all facts, in said paragraphs alleged in support of these conclusions of law are specifically denied and strict proof thereof is demanded. Y WHEREFORE, Plaintiff respectfully requests judgment be entered in her favor and against the Defendant as set forth in the complaint U DATED: March 21, 2000 d Boy cer Attorney for Plaintiff a 2 - ,? - BOYD SPENCER, ESQUIRE Y 2100 Swede Road m Norristown, PA 19401.1745 THIS IS AN ARBITRATION CASE Assessment of Damages Hearing is Required. 2100 Swede Road Attorney for Plaintiff Id. No. 28400 Norristown, PA 19401-1745 Plaintiff, IN THE COURT OF COSdMON PLEAS OF CUMBERLAND COUNTY Civil Action - Law I99-7375 Civil Defendant. PLADMIFF'S ANSWER TO DEFENDANT'S NEW MATTER 03121100. 10:41wo .„ T VERIFICATION AND CERTIFICATION I, Boyd Spencer, hereby state that I am the Plaintiffs attorney in this action, and verify and certify that the statements in the fbrogoing Answer to New Matter and the attachments thereto, are true and correct to the bed of my information, knowledge and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. I amav4are that If any of the foregoing statemeats made by me are willfully false, I am subject to punishment- I,-,' A DATED: March 21, 2000 CERTIFICATION OF SERVICE 1, Boyd Spencer, Esquire, certify that copies of the foregoing, and all attachments thereto, have been served on all other counsel on this day by first class mail. DATED: March 21, 2000 is, Bo c i ce Ptiff r y or la'in' 03121100, 10:37wn -2 - BOYD SPENCER. ESQUIRE 2100 Swede Road Norristown, PA 19401-1745 t ?s C _[ CJ +_ r s ('7 Jj 1 ? r. ppr N Jr or 7 O O ? LAW OFFICES GOLDBEno, KATZMAN & SHIPMAN, P.C. 020 MARKET STREET STRAWFERRY SQUARE P.. O. Box 1208 HARRISBURG. PENNSYLVANIA 11108-1208 Jefferson J. Shipman, Esquire Attorney I. D. No. 51785 GOMBERG, NATZMAN C. SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MINDY WELSH, Vs. Plaintiff ELEANOR LOUISE YOCUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVANIA CIVIL ACTION - LAW NO. 99-7375 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and her Attorney, Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Eleanor Louise Yocum, within twenty (20) days of service hereof. DATE: 3- (y - loom GOLDBERG, KATZMAN & SHIPMAN, P.C. /--l n . Jegfdlkson J. Shipman, Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Jefferson J. Shipman, Esquire I.D. N: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MINDY WELSH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYVANIA Vs. CIVIL ACTION - LAW ELEANOR LOUISE YOCUM, NO. 99-7375 CIVIL Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT ELEANOR LOUISE YOCUM AND NOW, comes the Defendant, Eleanor Louise Yocum, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter in response to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. No response required. The Defendant's Answer and New Matter is incorporated. COUNT I - NEGLIGENCE 4. Admitted. 5. Admitted. 6. Denied. The averments contained in Paragraph No. 6 contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further answer, it is specifically denied that the Defendant was negligent in any manner with respect to Plaintiff's alleged cause of action. 7. Denied. The averments contained in Paragraph No. 7 contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further answer, it is specifically denied that the Defendant was negligent in any manner with respect to Plaintiff's alleged cause of action. 8. Denied. The averments contained in Paragraph No. 8 contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Subparagraph (a) has been stricken and delet4ed from the Complaint by Stipulation of Counsel, attached as Exhibit "A"; (b) Denied. It is specifically denied that the Defendant operated her motor vehicle at an excessive speed under the circumstances; UNI _' . (c) Denied it is specifically denied that the Defendant failed to keep a proper lookout; (d) Denied. It is specifically denied that the Defendant failed to have her motor vehicle under proper and adequate control as the situation warranted; (e) Denied. It is specifically denied that the Defendant violated the applicable statutes of the Commonwealth of Pennsylvania regarding the operation of a motor vehicle upon the public highway. 9. Denied. The averments contained in Paragraph No. 9 contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further answer, it is specifically denied that the Defendant was negligent in any manner with respect to Plaintiff's alleged cause of action. WHEREFORE, the Defendant, Eleanor Louise Yocum, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II - DAMAGES 10. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 10 relating to Plaintiff's alleged injuries and the same are, therefore, denied and strict proof demanded at the time of trial. 11. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 11 relating to Plaintiff's alleged medical treatment and the same are, therefore, denied and strict proof demanded at the time of trial. 12. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 12 relating to Plaintiff's alleged anxiety, nervous tension, physical and mental pain and suffering and the same are, therefore, denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph No. 13 relating to Plaintiff's alleged loss of earnings and earning potential and the same are, therefore, denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Eleanor Louise Yocum, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant interposes the following New Matter defenses: 14. That Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et seq., and by the Doctrine of Comparative Negligence. 15. That Plaintiff, Mindy Welsh, failed to exercise reasonable care for her own safety under the circumstances then j and there existing. 16. That the Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. t 17. That the Plaintiff's injuries and damages, if any, were i not caused by any act, omission or breach of duty by the Defendant. 18. That the Plaintiff may have knowingly and voluntarily assumed the risk of her own injuries under the circumstances then and there existing. 19. That any damages the Plaintiff may be entitled to recover in this action are limited to those damages which are i recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et seq. 20. That Plaintiff's claims may be limited or barred by the "Limited Tort" option pursuant to 75 Pa. C.S.A. §1705, et seq. 1 21. That the accident, and any injuries sustained by Plaintiff, may have been caused in whole or in part by the negligence or actions of a third party or persons not presently involved in this action. 22. That if it should be found that there was any negligence on the part of the Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 23. That this action may be barred by the applicable Statute of Limitations. 29. That this action may be barred by an intervening superseding cause. 25. That this accident may have been unavoidable. 26. That this accident may have been caused by a sudden emergency. WHEREFORE, the Defendant, Eleanor Louise Yocum, respectfully requests that Judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. LK? 4Je son J. Shipman Esquire rney I.D. #51785 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Date: ; - 04 26000 E-YOCUM.ANS _ _ _ ?. ?l+, Caw VERIFICATION I, Eleanor Louise Yocum, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. c ? rx e P?,r t m?_ Eleanor Loui WD Date: se Yocu _'; G; •, 10 ® Exhibit A MINDY WELSH, Plaintiff Vs. ELEANOR LOUISE YOCUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7375 CIVIL JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed by and between Boyd Spencer, Esquire, counsel for Plaintiff, and Jefferson J. Shipman, Esquire, counsel for Defendant, that subparagraph (a) of Paragraph 8 only, is hereby stricken and deleted from Plaintiff's Complaint. Bof? encer, Esquire 2100 wede Road Nor is town, PA 19401-1745 DATE: > o o J Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Je ferson T Shipman Esquire 32 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: It/ 7 ISAP-00 Attorneys for Defendant 40747.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on S-14e Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 GOLDBERG, KATZMAN & SHIPMAN, P.C. 4je ferson J. Shipmah, Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant «? ;; ?,:< r,. s-; _ ?1 (, 1? 1 L:.. r 1 L. i t... ?:: i ;? i,_ G c, C.1 :j Jefferson J.Shipman, Esquire I.D. #: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MINDY WELSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVANIA CIVIL ACTION - LAW NO. 99-7375 CIVIL JURY TRIAL DEMANDED VS. ELEANOR LOUISE YOCUM, Defendant TO THE PROTHONOTARY: PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant in the above-referenced matter. DATE: February 3, 2000 GOLDBERG, KATZMAN & SHIPMAN, P.C. J. S hip n, Esquire 4tt 4ornerson ey I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on February 3, 2000: Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant < 1 _ O G_ L.. ",I : C.? tJ Jefferson J.Shipman, Esquire I.D. R: 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.O. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1266 Telephone: (717) 234-4161 Attorneys for Defendant MINDY WELSH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYVANIA Vs. CIVIL ACTION - LAW ELEANOR LOUISE YOCUM, NO. 99-7375 CIVIL Defendant JURY TRIAL DEMANDED RULE T0: Mindy Welsh, Plaintiff c/o Boyd Spencer, Esquire 2100 Swede Road Norristown, PA 19401-1745 A Rule is hereby issued upon Mindy Welsh, Plaintiff, to file a Complaint within twenty (20) days of service hereof, or suffer judgment of non pros. DATE: C G?I• 7, dCno 38334.1 Curt Long, Pro onootary X Ie r/ MINDY WELSH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVANIA CIVIL ACTION - LAW NO. 99-7375 CIVIL JURY TRIAL DEMANDED Vs. ELEANOR LOUISE YOCUM, Defendant TO THE PROTHONOTARY: PRAECIPE Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. 4 J son J. Ship tan, Esquire A torney I.D. 517 5 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant DATE: February 3, 2000 A? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: MINDY WELSH -VS- ELEANOR LOUISE YOCUM COURT OF COMMON PLEAS TERM, 0 CASE NO: 99-7375 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 0410312000 JEF EN J. HIP/MAN, ESQUIRE Attorney for DEFENDANT DE11-171390 2 3 3 3 3- L O 1 C OMMO NWEAI-T H OE' P E N N S YL.VAN 2 A COUNTY OF C UMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS MINDY WELSH _VS_ ELEANOR LOUISE YOCUM TERM, 0 CASE NO: 99-7375 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUIIENTS CARLISLE HOSPITAL MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BARER MEDICAL PERRY HEALTH CENTER MEDICAL CENTRAL PA REHABILITATION MEDICAL TO: BOYD SPENCER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/14/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-895 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-116664 2 3 3 3 3- C O 1 JIz 1, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MINDY WELSH VS ELEANOR LOUISE YOCUM File No. 99-7375 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoe a ou are ordered by the court to produce the following documents or things: gS99 ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OFTHE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN ADDRESS: 320 MARKET STREET P. 0. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246 - 0900 SUPREME COURT ID n: ATTORNEY FOR: THE DEFENDENT BY THE COUIPT:? /?? ,t_r,, DATE _?22c t (v /O -7 p? \//? Pr/ot/honotary errk -ivil Division Depun- Seal of the Court EXPLANABON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET P.O. BOX 310 CARLISLE, PA 17013 RE: 23333 MINDY S. WELSH COPY RECORDS FROM INITIAL OFFICE VISIT TO PRESENT handwritten Any and all notes, relating to records, memorandums, examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : MINDY S. WELSH RD 1 BOX 192, LOYSVI LLE, PA 17047 Social Security #.- 186-60-4733 Date of Birth: 01-01-1980 L SU10-239120 23333-L01 ¦ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: MINDY WELSH -VS- ELEANOR LOUISE YOCUM COURT OF COMMON PLEAS TERM, 0 CASE NO: 99-7375 a t 6 1 i' As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE_ defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04103/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DEII-171391 2 3 3 3 3- L 0 2 COMMODWEALTH OF PENNSYLVA-NTA COUNT Y OF C UMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS MINDY WELSH VS- TERM, 0 CASE NO: 99-7375 ELEANOR LOUISE YOCUM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARLISLE HOSPITAL MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BAKER MEDICAL PERRY HEALTH CENTER MEDICAL CENTRAL PA REHABILITATION MEDICAL TO: BOYD SPENCER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03114/2000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-895 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS CROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DEOZ-116664 2-3 33 3- C O 1. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MINDY WELSH VS ELEANOR LOUISE YOCUM File No. 99-7375 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER (Name of Peron or Entity) Within twenty (20) days after service of this subpoena 1 ATTACHEDed by the court to produce the following documents or things: at THE MCS GROUP INC., 1601 MARKET STREET, /1800, PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN ADDRESS: 320 MARKET STREET P. 0. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246 - 0900 SUPREME COURT ID k: ATTORNEY FOR: THE DEFENDENT BY THE COU p DATE• 2h c && 1(J d-JU77 Prothonotary/CI k vit Division f Depun• Seal of the Court EXPLANATION OF RE, QUIRE,D RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE P.O. BOX 850 HERSHEY, PA 17033 RE: 23333 MINDY S. WELSH COPY RECORDS FROM INITIAL OFFICE VISIT TO TIIE PRESENT Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : MINDY S. WELSH RD 1 BOX 192, LOYSVILLE, PA 17047 Social Security #: 186-60-4733 Date of Birth: 01-01-1980 SU10-239122 2 3 3 3 3- 1,0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS MINDY WELSH TERM, 0 -VS- CASE NO: 99-7375 ELEANOR LOUISE YOCUM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/03/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-171392 23333-1-03 COMMONWIE-AI.TH OF' PENN SWI.VANT-A, COUNT W OF" C UMB E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS MINDY WELSH -VS- ELE?J+OR LOUISE YOCUM TERM, 0 CASE NO: 99-7375 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARLISLE HOSPITAL MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BARER MEDICAL PERRY HEALTH CENTER MEDICAL CENTRAL PA REHABILITATION MEDICAL TO: BOYD SPENCER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/1412000 CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-895 Any questions regarding this matter, contact MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-116664 2 3 3 3 3- C O I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MINDY WELSH VS ELEANOR LOUISE YOCUM File No. 99-7375 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DAVID BAKER, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MrS f'ROITP TNC 1601 MARKET CTRFFT lk nn RRTT AnFT ERIA PA 1 Q1 r13 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: -JEFFERSON T. 4HTPMAN ADDRESS: 320 MARKET STREET P 0 BOX 1 fib TELEPHONE: (71,1) 746 - nano SUPREME COURT ID S: ATTORNEY FOR: THE DFFFNDFNT BY THE COURT: , DATE: il2ria.i./v /O -2o7JU Prothhanotary/ er Civil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID BAKER BELEDERE MED. CENTER 850 WALNUT & BOTTON CARLISLE, PA 17013 RE: 23333 MINDY S. WELSH COPY RECORDS FROM INITIAL OFFICE VISIT TO THE PRESENT Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MINDY S. WELSH RD 1 BOX 192, LOYSVILLE, PA 17047 Social Security #: 186-60-4733 Date of Birth: 01-01-1980 SU10-239124 Z3 3 33 -L 0 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS MINDY WELSH TERM, 0 -VS- CASE NO: 99-7375 ELEANOR LOUISE YOCUM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will lie served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/03/2000 JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-171393 2 3 3 3 3- L O 4 COra20NWEALTH OF PSNNSYL VANTA COUNTY OF CUMI3SRLAND IN THE MATTER OF: COURT OF COMMON PLEAS MINDY WELSH -VS- ELEA14OR LOUISE YOCUM TERM, 0 CASE NO: 99-7375 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARLISLE HOSPITAL MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BAKER MEDICAL PERRY HEALTH CENTER MEDICAL CENTRAL PA REHABILITATION MEDICAL TO: BOYD SPENCER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/1412000 CC: JEFFERSON J. SHIPMAN. ESQUIRE - 22740-895 MCS on behalf of JEFFERSON J. SHIPMAN. ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-116664 2 3 3 3 3- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MINDY WELSH VS ELEANOR LOUISE YOCUM File No 99-7375 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO CUSTODIAN OF RECORDS FOR: PERRY HEALTH CENTER (Name of I'e %Vithin twenty (20) days after service of tills ski bpoegltl,1'o?,ft?.eA?4 bed by the court to produce the following documents or things: THE MCS CROUP INC. , 1601 FIAItF ET' S'I'Itlil l', f1800, PHILADELPHIA PA 19103 at (Address) You may deliver or mall legible copies of Cite tlncuments or produce things requested by this subpoena, together with the certificate of compliance, to the party snaking this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTFIE REQUEST OFTHE FOLLOH'ING PERSON: i' i NAME: JEFFERSON J. SIIIPMAN ADDRESS: 320 MARXF.I' S'fRlil l' 1'. O. ISOX 1268 IIARRISISURO PA 17108 (215) 246 - 0900 TELEPHONE: SUPREME COURT ID p: rill. DEFENDF.NT ATTORNEY FOR: DATE: ?)Ll r l!) - 1-0 Seal of the Court BY THE COURg: cu aAl Prothonotary/C erk Civil Division Deputy EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PERRY HEALTH CENTER RT 850 PO BOX 913 LOYSVILLE, PA 17047 RE: 23333 MINDY S. WELSH COPY RECORDS FROM INITAL OFFICE VISIT TO THE PRESENT Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MINDY S. WELSH RD 1 BOX 192, LOYSVILLE, PA 17047 Social Security A 186-604733 Date of Birth: 01-01-1980 SU10-239126 2-3 3 3 3- L O 4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS MINDY WELSH TERM, 0 -VS- CASE NO: 99-7375 ELEANOR LOUISE YOCUM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _JEFFERSON J. SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/03/2000 JEFFERSON J. SHIPMAN ESQUIRE Attorney for DEFENDANT DEII-171394 2 3 3 3 3- 7-0 5 C OMMO NW-SAL T H O E7 P E NN S YLVAN =A COUNTY OF CLTMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS MINDY WELSH -VS- ELEANOR LOUISE YOCUM NOTICE OF INTENT TO SERVE A CARLISLE HOSPITAL MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BARER MEDICAL PERRY HEALTH CENTER MEDICAL CENTRAL PA REHABILITATION MEDICAL TERM, 0 CASE NO: 99-7375 TO PRODUCE DOCUMENTS TO: BOYD SPENCER, ESQUIRE MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03114/2000 MCS on behalf of JEFFERSON J. SHIPMAN, ESQUIRE Attorney for DEFENDANT CC: JEFFERSON J. SHIPMAN, ESQUIRE - 22740-895 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-116664 2-3333-C03- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MINDY WELSH VS ELEANOR LOUISE YOCUM File No. 99-7375 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CENTRAL PA REHAB SERVICES, INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena ou ar ordered by the court to produce the following documents or things: S$ ATTACHED at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFERSON J. SHIPMAN ADDRESS: 320 MARKET STREET P. 0. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246 - 0900 SUPREME COURT ID V: ATTORNEY FOR: THE DEFENDENT BY THE COURT: _ .. r. • 1n I DATE ProthonotarClc )/ , ft •il Division C.; n ?ttif, 0 Deputy Sea) of the Court TO: CUSTODIAN OF RECORDS Foil: CENTRAL PA REHABILITATION P.O. BOX 190 SHERMANS DALE, PA 17090 RE: 23333 MINDY S. WELSH COPY RECORDS FROM INITIAL OFFICE VISIT TO THE PRESENT Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : MINDY S. WELSH RD 1 BOX 192, LOYSVILLE, PA 17047 Social Security #-. 186-604733 Date of Birth: 01-01-1980 SU10-239128 2 3 3 3 3- L 0 5 b. i• ?.' Jefferson J. Shipman, Esquire I.D. ff: 51785 John R. Ninosky, Esquire I.D. q: 78000 GOLDBERG, KATZ14AN S SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant MINDY WELSH, Plaintiff VS. ELEANOR LOUISE YOCUM, Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7375 CIVIL JURY TRIAL DEMANDED DEFENDANT'S ARBITRATION MEMORANDUM I. Statement of Facts This matter arises from an automobile accident which occurred on November 14, 1996. Defendant was operating a 1985 Caprice southbound along State Route 74, Waggoners Gap Road, in North Middleton Township near the intersection of Coral Drive. Plaintiff and Defendant's son, Robert Yocum, were passengers in the vehicle. Without warning, Defendant's son grabbed the wheel of the moving vehicle and caused the vehicle to go out of control. The vehicle drove off the left side of the road and came to rest in a ditch. Plaintiff, who is a limited tort plaintiff, was taken to Carlisle Hospital with complaints of pain in both knees and pain in her legs below her knees. X-rays were taken of the Plaintiff's right leg from her knee down, and Plaint'iff's ribs. Within two or three days, Plaintiff was examined by her family physician. Plaintiff presented with pain in her right knee down to her right ankle. There were also complaints of swelling and black and blue in Plaintiff's right knee area. The family physician ordered another x-ray which allegedly revealed a break in Plaintiff's right leg. Specifically, Plaintiff suffered a non-displaced fracture of the proximal third of the right fibula. Plaintiff was given a knee brace, crutches and prescribed pain medication. On March 4, 1997, an MRI was taken at Hershey Medical Center which revealed a grade 3 tear of the posterior horn of the right lateral meniscus. Plaintiff has not sought treatment from any physician since early 1997 for these injuries. Plaintiff was examined by Perry A. Eagle, M.D. on February 16, 2001. (A copy of Dr. Eagle's report is attached hereto as Exhibit A). Dr. Eagle's examination revealed the following: (T] he patient does not appear to be in any acute distress. The patient's gait is normal. She does not limp. She is able to heel and toe walk without difficulty. She is able to squat upon her right knee. At the extreme of squatting, she complains of some discomfort. She arises from the squatting position without difficulty. No knee effusion is present. There is no tenderness to deep palpation over the medial or lateral joint lines. The right knee actively flexes in the prone position to 125 degrees compared to 130 on the opposite side. Both knees fully extend. With flexion and extension, 2 there is some mild bilateral crepitus. The McMurray test is negative. The cruciate and collateral ligaments are stable. There is no atrophy of the quadriceps. There is no tenderness over the proximal fibula. There is no peroneal nerve dysfunction. (Exhibit A, Page 2). Dr. Eagle conducted an x-ray of Plaintiff's right knee which demonstrated that the bony architecture of Plaintiff's knee to be within normal limits. The leg fracture also appears to be healed and should not cause any residue complaints. (Exhibit A, Page 3). Plaintiff has had no further MRI studies, and cartilage tears can heal spontaneously. Id. Dr. Eagle concluded that though the Plaintiff may have some residual symptoms from the knee injury, Plaintiff has not suffered a significant impairment of bodily function. Id. II. Issue DID THE AUTOMOBILE ACCIDENT OF NOVEMBER 14, 1996 CAUSE PLAINTIFF TO SUFFER AN INJURY WHICH CAUSED A SERIOUS IMPAIRMENT OF BODY FUNCTION? Suggested Answer: No III. Discussion It goes without saying that Plaintiff has the burden of proof in this matter. Plaintiff is considered limited tort 3 r arm pursuant to the provisions of the Motor vehicle Financial Responsibility Law 75 Pa.C.S. § 1701 et seq. (Hereinafter the "MVFRL"). Section 1705 of the MVFRL states in pertinent part that [e]ach person who elects the limited tort alternative remains eligible to seek compensation for economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. Unless the injury sustained is a serious injury, each person who is bound by the limited tort election shall be precluded from maintaining an action for any noneconomic loss... 75 Pa.C.S. § 1705(d). Section 1702 of the MVFRL defines "serious injury" as "a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement." "Thus, while an insured who has elected the limited tort option remains eligible to seek compensation for economic loss sustained in a motor vehicle accident caused by the negligence of another, the insured will be precluded from maintaining an action for any noneconomic losses unless the insured can show that his injuries cross the serious injury' threshold." Washington v. Baxter, _ Pa. _, 719 A.2d 733 (1998). The Supreme Court in Washington v. Baxter adopted the following definition concerning serious impairment of body function: 4 The "serious impairment of body function" threshold contains two inquiries: a) What body function, if any, was impaired because of injuries sustained in a motor vehicle accident? b) Was the impairment of body function serious? The focus of these inquiries is not on the injuries themselves, but on how the injuries affected a particular body function. Generally, medical testimony will be needed to establish the existence, extent, and permanency of the impairment was serious, several factors should be considered: the extent of the impairment, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. An impairment need not be permanent to be serious. Washing ton v. Baxter, Pa. , , 719 A.2d 733,740 (1998) _ _ _ cruoting Di Franco v. Pickard, 398 N.W.2d 896,901 (1986) . Plaintiff suffered a non-displaced fracture of her right leg which has healed without incident or limitation. Plaintiff claims to have suffered an injury to her ribs which has resolved. Plaintiff also claims to have suffered a torn meniscus as a result of the injury. Plaintiff has not undergone any surgery to treat her injuries. No medical provider has placed any restrictions upon Plaintiff concerning her daily activities. Plaintiff has not been treated by any orthopedic physician since March of 1997. Plaintiff is also able to work a full-time job and to care for her child. Therefore, it is respectfully submitted that Plaintiff will be unable to demonstrate that any 5 ?q injury she sustained in the motor vehicle accident at issue caused her to suffer a serious impairment of body function. Respectfully submitted, Date: 60395.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jef a son J. Shipman, F Squire Attorney I.D. #51785 John R. Ninosky, Esquire Attorney I.D. #78000 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant 6 rFR 2iR? HOURS DY APPOINTMENT PERRY A. EAGLE, M.D. 191 LEADER HEIGHTS ROAD YORK. PENNSYLVANIA 17402 TCLCPHONC(717) 741.4000 FAX (717) 741.2352 February 16, 2001 Jefferson J. Shipman, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 RE: Mindy Welsh SSN: 186-60-4733 Dear Attorney Shipman: ORTHOPAEDIC SURGERY HAND SURGERY The above patient was seen by me at your request for an independent medical evaluation on February 16, 2001, for examination of the right knee. The history was obtained from the patient. The medical. records were briefly reviewed. The patient's history dates back to November 14, 1996, when she was a rear-seat unrestrained passenger in a car that ran off the road into a ditch. She is not sure what happened during the incident, but afterward complained of severe pain in both knees and pain in her legs below her knees. She was taken to Carlisle Hospital by ambulance afterward, where x-rays were taken of her right leg from her knee down, and of her ribs. The patient states she was seen in two or three days by her family physician, complaining of right knee down to her right ankle pain. She states she experience swelling and was black and blue in her right knee area. She states she also complained of numbness. She states her family doctor ordered another right leg x-ray, and a break in her leg was found. She states she was given a knee brace, crutches and prescribed pain medication. The patient states she continued to have complaints of right knee pain all of the time. She complained of swelling, buckling and giving way, and continued to wear her knee brace. She states her family doctor referred her to Hershey around February of 1997. The patient states she was referred for an MRI of the right knee, and also referred to a 1' t who she saw one time in early 1997. specia is , Jefferson J. Shipman, Esquire Page Two RE: Mindy Welsh Since early 1997, the patient states that she has not seen any other physician about her knee complaints. In general, the patient states that her right knee is relatively the same for the past three years. She states she has pain about every day, but that there are periods when her right knee is O.K. The patient states she can't kneel on the floor or she will experience knee pain. She states that excessive standing and walking increase her symptoms of pain. She complains of occasional night pain, and occasional popping and clicking. She denies swelling or giving way when walking. She complains of her knee going to sleep at times when driving. The patient states she takes Advil every day for right knee pain, about seven or eight pills per day for the past one to two years. The patient denies any injuries or problems of her right knee prior to the incident of 11/14/96. The patient states that at the time of the incident she was a student. The patient is employed at Wendy's for the past two years as a manager, which requires her to be on her feet about fifty hours a week. The patient states that today her right knee is O.K., but that the long drive bothered her knee. Physical examination was performed. At the outset, the patient was asked to tell me if any portions of the physical examination which she did or I did caused any discomfort. The patient acknowledged these instructions. Her examination reveals that the patient does not appear to be in any acute distress. The patient's gait is normal. She does not limp. She is able to heel and toe walk without difficulty. She is able to squat upon her right knee. At the extreme of squatting, she complains of some discomfort. She arises from the squatting position without difficulty. No knee effusion is present. There is no tenderness to deep palpation over the medial or lateral joint lines. The right knee actively flexes in the prone position to 125 degrees compared to 130 on the opposite side. Both knees fully extend. With flexion and extension, there is some mild bilateral crepitus. The McMurray test is negative. The cruciate and collateral ligaments are stable. There is no atrophy of the quadriceps. There is no tenderness over the proximal fibula. There is no peroneal nerve dysfunction. Jefferson J. Shipman, Esquire Page Three RE: Mindy Welsh X-rays of the right- knee taken in our office today reveal the bony architecture to be within normal limits, except for some thickening in the proximal third of the fibula consistent with a healed non- displaced fracture. There are no areas of ectopic calcification. There is no evidence of degenerative disease. There is no evidence of calcification in the cartilages. An MRI of the right knee from Penn State Hershey dated 3/4/97 was reported as a grade 3 tear of the posterior horn of the right lateral meniscus. The patient, by her history and by review of films today, sustained a non-displaced fracture of the proximal third of the right fibula. This fracture has united. There was no evidence of a peroneal nerve injury. This fracture should cause no residual complaints. The patient had symptoms referable to her right knee. I am unaware of the physical findings at the time of her MRI. The MRI was consistent with a grade 3 tear of the posterior horn of the right lateral meniscus. In general, an MRI has a high specificity in defining tears of the cartilage. No follow-up MRI has been obtained. Cartilage tears can heal spontaneously. The patient has some residual symptoms which may be attributed to the cartilage injury. It is my opinion, based on the information supplied to date, she has not sustained a significant impairment of bodily function. The patient was cooperative during the conducting of the medical evaluation. Upon my direct questioning, she had no complaints concerning the manner or way the independent medical evaluation was conducted. If I may be of any further help or clarification, please do not hesitate to call or write my office. Since e?/1 Perry A. Ea e, M.D. PAE/dkz MAY 1 0 2001 ) OATH In The Court of Common Pleas of Cumberland County, Pennsylvania No. 73 ' ,9 ?G We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution Of this Com?Cyn wealth and that we will discharge the duties AWARD applicable.) Date of Hearing: Date of Award: ?b Arbitrator, dissents. (Insert name i£ NOTICE OF MM- Y_ OF AWARD :low, the J(. day of , b92-"J, at?'S5, P •H., the above award was entered upon the docitet and notice thereof given by mail to the parties or their attorneys. Arbitrators` compensation to be ` tthonotary paid upon appeal: 9y.?'jj 'P tt _ ) $ ,290.E \ Deputy We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Mora. C?;,b?? Vrecl SCAN ?Gt?iN L r?c? • ')on V16wQx- 1'r" ll' A ` ?Q - -e. ? ,? Speracer- 7•16•01 _._. _ .. ... _ Tom. THIS IS AN ARBITRATION CASE Assessment of Damages Hearing is Required. BOYD SPENCER, ESQUIRE 2100 Swede Road Attorney for (610) 277-4700 FAX Norristown, PA 19401- Plaintiff 277-4888 1745 Id. No. 28400 Mindy Welsh Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY versus Civil Action - Law Eleanor Louise Yocum Defendant. 99-7375 Civil ORDER TO MARK ACTION SETTLED, DISCONTINUED, AND ENDED TO THE PROTHONOTARY: Mark this action settled, discontinued, and ended upon payment of your costs only. I hereby certify there are no more outstanding petitions, liens, motions for new trial or appeals in the above entitled action DATED: September 14, 2001 LJ u' ? N -7 Ul :jT n: l= 77'.. C- :.13 W L Cr tr. Q v O ? U