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HomeMy WebLinkAbout07-2312 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER 1 Ridgeway Drive Carlisle, PA 17013 OLEN E. GARDNER 1 Ridgeway Drive Carlisle, PA 17013 Plaintiff(s) & Address(es) versus No. O023! Civil Action - (XX) Law ( ) Equity CONSTANCE E. MORGAN 2 Ian Drive Mount Holly Springs, PA 17065 Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff W. Scott Henning. Esquire 1300 Linglestown Road Harrisburg, PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney Signature of Attorney Supreme Court ID No Date: April 18, 2007 C C=D c' -on w ?r- :? w -C CO 0 1 • > WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary 4-t Date: Utz nej 7 by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 SHERIFF'S RETURN - REGULAR CASE NO: 2007- 2312 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMB RLAND GARDNER DORIS MORGAN CONST E E KENNETH GOSSER , Sheriff or Deputy Sheriff of Cumberland Coun y,Pennsylvania, who being duly sworn according to law, says, the withi WRIT OF SUMMONS was served upon MORGAN CONSTANC E the DEFENDANT at 1956:00 HOURS, on the 8th day of May , 2007 at 2 IAN DRIVE MOUNT HOLLY SPRINGS, PA 17065 CONSTANCE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same kme directing Her attention to the contents thereof. Sheriff's Costs:) Docketing Service Postage Surcharge Sworn and Subscit before me this of 18.00 5.76 .39 10.00 .00 V 34.15 to day So Answers: R. Thomas Kline 05/09/2007 HANDLER HENNING ROSENBERG By: A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. PRAECIPE FOR RULE TO FILE COMPLAINT CONSTANCE E. MORGAN, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs, V. CONSTANCE E. MORGAN, Defendant. CIVIL DIVISION NO. 07-2312 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Doris J. Gardner and Olen E. Gardner, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE &ISKEEL, L.L.P. By: vin D. Rauch,-Lsquire unsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 7T" day of March, 2008. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE &,SKEEL, L.L.P? By: nsel for Defendant CO a CC) { Y + f T't - fl 1, C 1 N -'G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. CONSTANCE E. MORGAN, Defendant. (Jury Trial Demanded) RULE AND NOW, this I I-1" , day of ma-win , 2008, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this l day of Wnrcli , 2008. Protho Distribution to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 c o -„ 7f ••,J "G 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs, v. CONSTANCE E. MORGAN, Defendant. CIVIL DIVISION NO. 07-2312 PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. CONSTANCE E. MORGAN, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Constance E. Morgan, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 81f SKEEL, L.L.P. By: n D. Rauch, Esqui nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 7T" day of March, 2008. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P,, By: Kovin p!FKauch, Esquire Counsel for Defendant N ? d C=Q ~iVT -TI I r. /-- r_.r 1 f F W. Scott Henning, Esquire I. D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com DORIS J. GARDNER and IN THE COURT OF COMMON PLEAS OLEN E. GARDNER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 07-2312 CONSTANCE E. MORGAN, CIVIL ACTION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without furthbr notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, HENNING & KSENBERG, LLP By: W. Scott Henni F:\WP DirectorieslAMC\Complaints\MVA\Rear End\Gardner, Doris.wpd W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com DORIS J. GARDNER and IN THE COURT OF COMMON PLEAS OLEN E. GARDNER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 07-2312 CONSTANCE E. MORGAN, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, come the Plaintiffs, Doris J. Gardner and Olen Gardner, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and mpke the within Complaint against the Defendant, Constance E. Morgan, and aver as follows: 1. Plaintiff, Doris J. Gardner, is an adult individual currently residing at 1 Ridgeway Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Plaintiff, Olen E. Gardner, is an adult individual currently residing at 1 Ridgeway Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Constance E. Morgan, is an adult individual currently residing at 2 Ian Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 4. At all times material hereto, Plaintiff, Doris J. Gardner, was the owner and operator of a 1991 Chevrolet Cavalier bearing Pennsylvania license number DDX 4511 (hereinafter "Plaintiff's vehicle"). 5. At all times material hereto, Defendant, Constance E. Morgan, was the owner and operator of a 1998 Honda Civic bearing Pennsylvania license plate number ERC 8552 (hereinafter "Defendant's vehicle") 6. At all times material hereto, Plaintiff, Doris J. Gardner, was insured under a Pennsylvania motor vehicle policy through Erie Insurance Company, which said policy provided for Full Tort status. 7. At' all times material hereto, there were no adverse weather or road conditions. 8. On or about May 18, 2005, at about 12:50 p.m., Plaintiff, Doris J. Gardner, was lawfully stopped and/or stopping for traffic ahead of her on SR 34, facing north, in South Middleton Township, Cumberland County, Pennsylvania. 9. At approximately the same time and place, Defendant, Constance E. Morgan, was traveling northbound, two cars behind Plaintiff's vehicle, on SR 34 in South Middleton Township, Cumberland County, Pennsylvania. 10. Suddenly and without warning, the vehicle being operated by Defendant, Constance E. Morgan, violently impacted the rear of the vehicle in front of her causing that vehicle to violently impact the rear of the vehicle occupied by Plaintiff, Doris J. Gardner, while Plaintiff's vehicle was lawfully stopped and/or stopping for traffic on SR 34. 2 11. As a direct and proximate result of the negligence of the Defendant, Constance E. Morgan, Plaintiff, Doris J. Gardner, sustained personal injuries, as set forth more specifically below: COUNT I - NEGLIGENCE Doris J. Gardner v. Constance E. Morgan 12. Plaintiff, Doris J. Gardner, incorporates and makes part of this Count, paragraphs 1 through 11 above, as if the same were set forth fully below. 13. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Doris J. Gardner, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, Constance E. Morgan, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; (b) In failing to have due regard for the speed of the vehicles and the traffic upon the road and the condition of the highway, in violation of 75 Pa. C.S.A. § 3310(a); (c) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before striking the rear of the vehicle in front of her; (d) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking the vehicle in front of her and causing that vehicle to impact Plaintiffs stopped vehicle; 3 (e) In failing to properly regulate the speed of her vehicle so as to prevent a rear-end collision; (f) In failing to operate her vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to operate her vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; (h) In following another vehicle more closely than is reasonable and prudent; (i) In failing to keep a proper lookout for vehicles lawfully stopped on SR 34 in South Middleton Township, Cumberland County, Pennsylvania; Q) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa. C.S.A. § 3714; (k) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and (1) In otherwise driving her vehicle upon the roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 4 14. As a direct and proximate result of the Defendant's negligence, Plaintiff, Doris J. Gardner, sustained injuries, including, but not limited to a cervical strain/sprain and a sprain/strain of her left shoulder and arm leading to the use of a left arm sling. 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Doris J. Gardner, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, Doris J. Gardner, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 17. As a direct and proximate result ofthe Defendant's negligence, Plaintiff, Doris J. Gardner, has been, and probably will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Doris J. Gardner, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her detriment and loss. 19. Plaintiff, Doris J. Gardner, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Doris J. Gardner, seeks damages from Defendant, Constance E. Morgan, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 5 • COUNT II - LOSS OF CONSORTIUM Olen E. Gardner v. Constance E. Morgan 20. Plaintiff, Olen E. Gardner incorporates and makes part of this Count paragraphs 1 through 19 above, as if the same were set forth fully below. 21. At all times material to this action, Plaintiffs, Doris J. Gardner and Olen E. Gardner, were lawfully married as husband and wife. 22. As a direct and proximate result of Defendant's negligence, the Plaintiff, Olen E. Gardner, has suffered a loss of consortium, society, and comfort from his wife, Doris J. Gardner, and he will continue to suffer a similar loss in the future. 23. As a direct and proximate result of Defendant's negligence, the Plaintiff, Olen E. Gardner, has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, Olen E. Gardner, seeks damages from the Defendant, Constance E. Morgan, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By W. Scott Henning, E ire I.D. #32298 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 6 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. r\ ?)6140?04W C..) Doris Gardner Date: _ - axe DORIS J. GARDNER and OLEN E. GARDNER, her husband, Plaintiffs V. CONSTANCE E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2312 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On April 25, 2008, 1 hereby certify that a true and correct copy of Plaintiffs' Complaint with Notice to Defend was served upon the following by depositing in US certified mail: Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Respectfully Submitted, & ROSENBERG, LLP Date: April 25, 2008 By: W. Scott nm Esqu r.-7 -t'{ '?"G? i - ;.<:. ,,' ? ? ? Z;, ^{ .z __, ? ; ?ti) ?? -.,-c > C-; -- - _ ?? fti7 l 1'?'k -,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs, CIVIL DIVISION NO. 07-2312 V. CONSTANCE E. MORGAN, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. DEFENDANT'S ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Summers, McDonnell, Hu ck, Firm #911 Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Constance E. Morgan, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 9. After reasonable investigation, the 'Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 10. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of her vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I - NEGLIGENCE 12. In response to paragraph 12, the Defendant reiterates and repeats all her responses in paragraphs 1 through 11 as if fully set forth at length herein. 13. Paragraph 13 and all of its subparts states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1020(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Constance. Morgan, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. COUNT II - LOSS OF CONSORTIUM 20. In response to paragraph 20, the Defendant reiterates and repeats all her responses in paragraphs 1 through 19 as if fully sot forth at length herein. 21. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial; 22. Paragraph 22 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 23. Paragraph 23 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 0 and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Constance E. Morgan, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 24. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 25. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 26. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 27. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Constance E. Morgan, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McPONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 4? /// 4 (ff Kevin D. ''Rauch, Esgvfre Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 3 Constance E. Morgan #16157 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 2008. W. Scott Henning, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By evin D. Rauch, Esquir Counsel for Defendant C"` r-.9 c-: ?} ? ""',1 „ r:?:a ? . f*.7 'z={ :, ._? L" .. --C W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Henning@hhrlaw.com DORIS J. GARDNER and : IN THE COURT OF COMMON PLEAS OLEN E. GARDNER, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. . NO. 07-2312 CONSTANCE E. MORGAN, CIVIL ACTION - LAW Defendant PLAINTIFFS' REPLY TO NEW MATTER Now, comes the Plaintiffs, Doris J. Gardner and Olen E. Gardner, by and through their counsel, HANDLER, HENNING & ROSENBERG, LLP, W. Scott Henning, Esq., and reply to Defendant's New Matter as follows: 24. Denied. The allegation set forth in Paragraph 24 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, the Plaintiffs acknowledge that they will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law that the Honorable Court deems properly applicable to the subject cause of action. 25. Denied. The allegation set forth in Paragraph 25 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, the Plaintiffs acknowledge that they will F Honorable court deems a response necessary, the Plaintiffs acknowledge that they will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law that the Honorable Court deems properly applicable to the subject cause of action. 26. Denied. It is denied that the Plaintiffs selected the Limited Tort option or are deemed to have selected the Limited Tort option. To the contrary, the Plaintiffs are covered by a motor vehicle insurance policy that provides for a Full Tort election. 27. Denied. The allegation set forth in Paragraph 27 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs' claim is in any way barred or limited by the applicable Statute of Limitations, and proof to the contrary is demanded at the trial in this matter. WHEREFORE, Plaintiffs, Doris J. Gardner and Olen E. Gardner respectfully request the Honorable Court to enter judgment in their favor and against the Defendant, Constance E. Morgan, for the relief set forth in their Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By W. Scott Henning, s ire I . D. #32298 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 2 DORIS J. GARDNER and IN THE COURT OF COMMON PLEAS OLEN E. GARDNER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . V. NO. 07-2312 CONSTANCE E. MORGAN, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE On the 20th day of May, 2008, 1 hereby certify that a true and correct copy of Plaintiffs' Reply To New Matter was served upon the following by depositing in U.S. Mail; Mr. Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Very truly yours, WSH/tgd HANDLF2, HENI`f-NG 8 ROSENBERG, LLP W. Scott Henning Henning@hhrlaw. com 3 VERIFICATION PURSUANT TO PA R C P NO 1024 (c) W. SCOTT HENNING, 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. Date: -? ) cw 4 C7 ?v ri - = ram ,d tr,? )irv33 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES CONSTANCE E. MORGAN, AND RESPONSE TO REQUEST FOR Defendant. PRODUCTION OF DOCUMENTS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Interrogatories and Response to Request for Production of Documents and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident which occurred on May 18, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On April 2, 2008, Defendant served the Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated April 2, 2008, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiffs discovery responses should have been received by May 2, 2008. 5. On July 23, 2008, Defendant's counsel requested that Plaintiffs counsel respond to outstanding discovery. (A true and correct copy of correspondence between the parties dated July 23, 2008, is attached hereto as Exhibit "B".) 6. On August 7, 2008 and August 13, 2008, Defendant's counsel forwarded letters to Plaintiffs counsel requesting that he respond to outstanding discovery and advising that a Motion to Compel would be filed. (A true and correct copy of correspondence between the parties dated August 7, 2008 and August 13, 2008, are attached hereto as Exhibit "C".) 7. To date, Defendant has not received any response from Plaintiff or Plaintiffs counsel regarding Defendant's discovery requests. 8. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 9. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 10. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. 11. Counsel for Defendant certifies that no Judge has ruled upon any other issue in the same or related matter. 12. Defendant's counsel has attempted to contact Plaintiff's counsel regarding this Motion. Plaintiffs counsel has not responded. It is assumed that Plaintiffs counsel does not concur in this Motion. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers to Interrogatories and Responses to Request for Production of Documents. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs, CIVIL DIVISION NO. 07-2312 V. CONSTANCE E. MORGAN, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Joanne Winger, provide Defendant, Constance E. Morgan, with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. J. April 2, 2008 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. 16157 Dear Mr. Henning: Enclosed please find Defendant's Interrogatories and Request for Production of Documents directed to the Plaintiff, Doris J. Gardner, in the above-referenced matter. Kindly respond to the same within the timeframe established by the applicable Rules of Civil Procedure. Also, enclosed please find the following authorizations for your client's signature in the above-referenced matter: 1. Carlisle Regional Medical Center; 2. Orthopedic Institute of Pennsylvania; 3. Maslin Associates; 4. Penns Woods Physical and Occupational Therapy; 5. Walnut Bottom Radiology; and 6. Healthsouth Rehabilitation of Mechanicsburg. In the meantime, should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Kevin D. Rauch KDR:Iat Enclosures Etu?rr B July 23, 2008 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. 16157 Dear Mr. Henning: Please be advised that in review of my records, I have noticed that I am not yet in receipt of executed authorizations for release of your client's records from the following providers: 1. Carlisle Regional Medical Center; 2. Orthopedic Institute of Pennsylvania; 3. Maslin Associates; 4. Pennswoods Physical and Occupational Therapy; 5. Walnut Bottom Radiology; 6. HealthSouth Rehabilitation of Mechanicsburg. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. In addition, kindly update me as to the status of your client's discovery responses. I look forward to hearing from you. Thank you. Very truly yours, Ethan K. Stone EKS:kan Enclosures August 7, 2008 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. 16157 Dear Mr. Henning: Please be advised that in review of my records, I have noticed that I am not yet in receipt of executed authorizations for release of your client's records from the following providers: 1. Carlisle Regional Medical Center; 2. Orthopedic Institute of Pennsylvania; 3. Maslin Associates; 4. Pennswoods Physical and Occupational Therapy; 5. Walnut Bottom Radiology; 6. HealthSouth Rehabilitation of Mechanicsburg. Kindly have your client execute the previously enclosed authorizations and return them to my office at your earliest convenience. In addition, I am not yet in receipt of your client's discovery responses. As you recall, Defendant's Interrogatories and Request for Production of Documents were forwarded to you on April 2, 2008. Upon receipt of this correspondence, kindly update me as to the status of your client's discovery responses. Should I not hear from you within a reasonable period of time, I will be forced to file a Motion to Compel the same. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan August 13, 2008 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. 16157 Dear Mr. Henning: Please allow this letter to confirm my conversation with Mandy in which she indicated that you have forwarded our discovery requests and authorizations to your client. At this time, the same has not been returned to you. As such, I will grant you a two week extension in which to have your client respond to our discovery requests. Should I not receive your client's discovery responses within two weeks, I will be forced to file a Motion to Compel the same. I look forward to receiving your client's discovery responses and executed authorizations by August 27, 2008. Should you have any questions or concerns regarding the above, please feel free to contact me. Thank you. Very truly yours, Ethan K. Stone EKS:kan CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of jjilui '2008. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE $ SKEEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant t^r rl.:) C 1 - c C„r7 _71 "' i?i f SEP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs, CIVIL DIVISION NO. 07-2312 V. CONSTANCE E. MORGAN, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of .t'.ro??_.,t•?r , 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Doris J. Gardner and Olen E. Gardner, provide Defendant, Constance E. Morgan, with full and complete a..d1re Answers qpxr Responses to Defendant's Interrogatories and Request for Production of xtcx, ,;. -? Documents within twenty (20) days of the date of^ his Order. micl? , € S .Zj did t 1 d3S Z 1911 ?- -40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES CONSTANCE E. MORGAN, AND RESPONSE TO REQUEST FOR Defendant. PRODUCTION OF DOCUMENTS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. DEFENDANT'S MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL CONSTANCE E. MORGAN, INTERROGATORIES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. CONSTANCE E. MORGAN, Defendant. (Jury Trial Demanded) MOTION TO COMPEL DISCOVERY ANSWERS AND RESPONSES AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Supplemental Interrogatories and in support thereof avers the following: 1. This matter arises out of a motor vehicle accident which occurred on May 18, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On August 11, 2009, Defendant served the Plaintiff with Supplemental Interrogatories relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated August 11, 2009, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiffs discovery responses should have been received by September 10, 2009. 5. On October 1, 2009, Defendant's counsel requested that Plaintiff's counsel respond to outstanding discovery. (A true and correct copy of correspondence between the parties dated October 1, 2009, is attached hereto as Exhibit "B".) 6. To date, Defendant has not received any response from Plaintiff or Plaintiff's counsel regarding Defendant's discovery requests. 7. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiff within twenty (20) days or suffer additional sanctions. 9. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers to Supplemental Interrogatories. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. CONSTANCE E. MORGAN, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this day of , 2009, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Doris J. Gardner and Olen E. Gardner, provide Defendant, Constance E. Morgan, with full and complete Answers to Defendant's Supplemental Interrogatories within twenty (20) days of the date of this Order. J. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 14th day of October, 2009. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. auch, Esquire Counsel for Defendant 2CH CC? 15 i "i 2: 31;v DORIS J. GARDNER AND, OLEN E. GARDNER, Plaintiffs vs. CONSTANCE E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-2312 CIVIL : JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this Z3* day of October, 2009, a rule is issued on the plaintiffs to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days from the date of service. BY THE COURT, (/?F V M OCT 23 PM 3 106 PA4,t CA-) . i DORIS J. GARDNER and GLEN E. GARDNER, her husband, Plaintiffs v. CONSTANCE E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDi COUNTY, PENNSYLVANIA • e-~ ~ -~} _ • `~ ~ N0.07-2312 ~~ _ ~ ~ T ~- _.~ 4 F: ~ ~, ~ CIVIL ACTION ~ LAW ~~ ~., c ~' ~a Y~ :~ ~r , STATEMENT OF INTENTION TO PROCEED .~' o° To The Prothonotary of Cumberland County: Plaintiff hereby notifies the Court of their intention to proceed with the above captioned matter. Date: September ~, 2012 Respectfully submitted, HANDLER, HENNtlNG ~ ROSEN~ERG, LLP By 1blrScott Herr?ti~-~3 1300 Lingle town fit Suite 2 Harrisburg, PA 1711 (717) 238-2400 Attorneys for Plaintiff t F1LE-0-0 F1Cl'-* OF THE PR01 HONG'I`AllY 2013 P1.AY -3 PM 12= 30 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S ANSWERS TO CONSTANCE E. MORGAN, INTERROGATORIES — SET NO. 2 Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite306 Mechanicsburg, PA 17050 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. MOTION TO COMPEL PLAINTIFF"S ANSWERS TO SUPPLEMENTAL INTERROGATORIES —SET NO. 2 AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Answers to Interrogatories — Set No. 2 and in support thereof avers the following: 1. This action arises out of a motor vehicle accident which occurred on May 18, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On February 7, 2013, Defendant served the Plaintiff with Interrogatories — Set No. 2 relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated February 7, 2013, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiffs discovery responses should have been received by March 7, 2013. 5. On March 18, 2013, Defendant's Counsel forwarded a letter to Plaintiff's counsel notifying him that, should the Plaintiff's Answers not be received by March 21, 2013, a Motion to Compel will be filed with the Court. (A true and correct copy of correspondence between the Plaintiff's counsels dated March 18, 2013, is attached hereto as Exhibit "B".) To date, Defendant has not received any response from Plaintiff or Plaintiffs counsel regarding Defendant's Supplemental Interrogatories — Set No. 2 where the correspondence is numerated above. 6. It is necessary for proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 7. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with full and complete Answers and Responses to Defendant's Interrogatories - Set No. 2 within twenty (20) days or suffer additional sanctions. 8. Counsel for Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. 9. Counsel for Defendant certifies that no Judge has ruled upon any other issue in the same or related matter. 10. Defendant's counsel has attempted to contact Plaintiff's counsel regarding this Motion. Plaintiff's counsel has not responded. It is assumed that Plaintiff's counsel does not concur in this Motion. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete Answers to Interrogatories and Responses to Request for Production of Documents. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: /�� 1/e� Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES- Set No. 2 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre- paid, this 2nd day of May, 2013. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Y Kevin D. Rauch, Esquire Counsel for Defendant U THE Pf?076fC7'I ?f ` 2913 JUL 19 F41 2= 1 CU BERLA-1.4U CO3 N 51 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. MOTION TO COMPEL PLAINTIFF'S ANSWERS TO SUPPLEMENTAL CONSTANCE E. MORGAN, INTERROGATORIES — SET NO. 2 Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, MCDONNELL-, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. CONSTANCE E. MORGAN, (Jury Trial Demanded) Defendant. MOTION TO COMPEL PLAINTIFF'S ANSWERS TO SUPPLEMENTAL INTERROGATORIES.-SET NO. 2 AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Plaintiff's Answers to Supplemental Interrogatories— Set No. 2 and in support thereof avers the following: 1. This action arises out of a motor vehicle accident which occurred on May 18, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. On February 7, 2013, the Defendant served the Plaintiff with Supplemental Interrogatories — Set No. 2 relative to the above-referenced matter. (A true and correct copy of correspondence directed to Plaintiff's counsel and dated February 7, 2013, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiff's discovery responses should have been received by March 7, 2013. 5. On March 18, 2013, Defendant's counsel forwarded a letter to Plaintiffs counsel notifying him that, should the Plaintiff's Answers not be received by March 21, 2013, a Motion to Compel would be filed with the Court. (A true and correct copy of the correspondence directed to Plaintiff's counsel and dated March 18, 2013, is attached hereto as Exhibit "B".) 6. On or about March 19, 2013, the assistant to Plaintiff's counsel contacted Defendants counsel via telephone and indicated that additional time would be necessary in which to provide the answers. A two-week extension was granted at that time. Thus, the Plaintiff's Answers were due by April 2, 2013. 7. Despite the granting of such extension, the Defendant has not received any response from Plaintiff or Plaintiff's counsel regarding Defendant's Supplemental Interrogatories-- Set No. 2 to date. 8. it is necessary for the proper defense of this lawsuit that the Plaintiff file full and complete responses to the Defendant's discovery requests. 9. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, the Defendant respectfully requests this Honorable Court enter an Order directing the Plaintiff to provide the Defendant with full and complete Answers and Responses to Defendant's Interrogatories —Set No. 2 within twenty (20) days or suffer additional sanctions. 10. Counsel for the Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by Defendant's counsel. 11. Counsel for Defendant certifies that no Judge has ruled upon any other issue in the same or related matter. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to provide the Defendant with full and complete Answers to Supplemental Interrogatories —Set No. 2. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant DEFENDANT'S a EX IBIT SUMMERS , MCDONNELL, H"U"D.00K , GUTHRIE & ''SKEEL ; P. C.. ATTORNEYS AT LAW STEPHEN J. SUMMERS - JASON A.HIKES' THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M,BRAUN' JOSEPH A!Huc=K,JR. 100 STERLING PARKWAY - - GUY E, BLASS* GREGG A. GUTHRIE ,SUITE 306 _ MARK J, GOLEN PETER B. SKEEL MECHANICSBURG, PA 17050 .SETH T BLACK** PATRICK M. CONNELLY* PHONE:717.901-5916 GARTH A.GARi TIN JEFFREY C. CATANZARITE FAX:717.920-9129 DANIEL.J.-SAMMEI KEVIN D.RAUCH KRISTA M. CORABI*** JACKLYN J.STOUGHTON *ALSO ADMITTED IN WV CARRIE J.-TAYLOR' **ALSO ADMITTED IN NJ REBECCA L.MARROCCO ***ALSO ADMITTED IN OH February 7", 2O KYLE W..KROMBACH SAMUEL L.'MACK - W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. 16157 Dear Mr. Henning: Enclosed you will find the Defendant's Supplemental interrogatories—"Set No. 2 directed toward your client, Doris Gardner. Kindly have,you client respond to the"same within the timeframe established by the Applicable Pennsylvania .Rules of Civil Procedure. Additionally, I ask that,you confirm the following final.dates of treatment with your client: 1. Cumberland Valley Chiropractic and Wellness Center . 09/06/2012; 2. Carlisle Regional.Medical Center—05/08/2012; 3. Masland Associates —07/14/20"10; 4. Walnut Bottom Radiology—07/10/2009; 5.. Orthopedic lnstitute of Pennsylvania --08/06/2008; 6. Health South Rehab of Mechanicsburg -02/01/2007; 7. . Penn's Woods Physical Therapy—07/06/2006; 8. Casses Chiropractic Clinic —08/14/2007; 9. Penn Rehabilitation Associates—03/07/2008; 10..Grandview Surgery Center—05/19/2008; 11.Hand Therapy Associates 07/09/2008; and 12.Orthopedic & Spine Physical Therapy -01/16/2008. Should any additional treatment dates or providers exist, please forward: this information and medical records, if available,'to my attention: " PITTSBURGH OFFICE: GULF TOWER,SUITE 2400,7o7 GRANT STREET,PITTSBURGH,PA{5219 PHONE 412.261-3232 FAX 412-261-3239 - look forward to hearing from you shortly. Thank you. Very truly yours, Rebecca L. Marrocco RLM:ard Enclosure DEFENDANT'S EXHIBIT SUMMERS , MC-DONNELL , , HU.DOCK , GUTHRIE & SKEEL , PC: ATTORNEYS AT LAW STEPHEN J. SUMMERS - JASON A.HINES THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M.BRAUN JOSEPH A. HUDOCK,JR. 100 STERLING PARKWAY Guy E. BLASS" GREGG A. GUTHRIE SUITE 306 - MARK 'J.,GOLEN - PETER B..SKEEL MECHANICSBURG, PA 17050 SETH T.BLACK*.* PATRICK M. CONNELLY* PHONE: 717.901-5916 EARTH A.GARTIN JEFFREY C. CATANZARITE FAX: 717-920.9129 DANIEL"J."SAMMEL KEVIN D.,RAUCH KRISTA M.CORA10" JACKLYN J. STOUGHTON "ALSO ADMITTED IN WV _ CARRIE.J.TAYLOR** **ALSO ADMITTED IN NJ REBECCA L.MARROCCO ***ALSO ADMITTED IN OH 'KYLE W.KROMBACN March 18, 2013 SAMUEL L.MACK W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1.300 Linglestown Road Harrisburg, PA 17108 RE: Gardner.v. Morgan Our File No. 16157, Dear Mr. Henning: In review of my file, it has come to. my attention that I am not.yet in receipt of your client's Answers to Supplemental Interrogatories: _ Set No. 2 The Supplemental Interrogatories were forwarded to your-attention on February 7,_2013. Under the applicable Pennsylvania's Rules,of Civil Procedure, your client's Answers were.due by March 7, 2013. To date, I have not yet received her Answers. Kindly.forward1he,8ame to my attention or contact me to discuss,a possible extension of time in which to provide. the Answers.. Should I not hear from you by.Thursday, March.21, 2013, I will proceed with filing a Motion to Compel with the court. Additionally, in the February 7, 2013 correspondence, I requested confirmation'bf final treatment dates for your client. To date, I have not received confirmation of such: . dates..I have reproduced the same below: 1. Cumberland Valley Chiropractic and Wellness Center 09/06/2012; 2. Carlisle Regional. Medical Center-05/08%2012; 3. Masland.Associates 07/14/2010; . 4. Walnut Bottom -Radiology-07/10/2009; 5. Orthopedic Institute of Pennsylvania —08/06/2008; 6. Health South Rehab',of Mechanicsburg -02/01/2007; 7. Penn's Woods Physical Therapy —07/ 06/2006; 8. Casses'Chiropractic Clinic=08/14/2007; 9. Penn Rehabilitation Associates-03%07/2008. 10.Grandview Surgery, Center-05/19%2008; 11.Hand Therapy Associates -07/09/2008; and 12.Orthopedic & Spine Physical Therapy—01/16/2008. PITTSBURGH OFFICE: GULF TOWER,SUITE 2400.707 GRANT STREET.PITTSBURGH,PA I5219 . PHONE 412-261-3232 FAX 412-261.3238 Should any additional treatment dates or other providers exist, please forward this information and medical records, if available, to my attention. look forward to hearing from you shortly. Thank you. Very truly yours, COPY Rebecca L. Marrocco RLM:ard IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. ORDER AND NOW, TO WIT, this day of , 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Doris J. Gardner and Olen E. Gardner, provide Defendant, Constance E. Morgan, with full and complete Answers and Responses to Defendant's Supplemental Interrogatories —Set No. 2 within twenty (20) days of the date of this Order. J. Distribution List: W. Scott Henning, Esquire; Handler, Henning & Rosenberg, LLP; 1300 Linglestown Road, Harrisburg, PA 17,108 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES —SET NO. 2 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 17th day of July, 2013. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant DORIS J. GARNDER and IN THE COURT OF COMMON PLEAS OF OLEN E. GARDNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW VS. NO. 07-2312 CONSTANCE E. MORGAN, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW,this day of July, 2013, a rule is issued on the plaintiff to show cause why the relief requested in the within Motion to Compel ought not to be granted. This rule returnable ten(10) days after service. BY THE COURT, Kevin Hess, P. J. C= f; c Cn C_- • fEEr 6' �EC, '`i , 201 j AUG 16 AM ( : 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. MOTION TO MAKE RULE ABSOLUTE CONSTANCE E. MORGAN, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite306 Mechanicsburg, PA 17050 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Make Rule Absolute and in support thereof avers the following: 1. This action arises out of a motor vehicle accident which occurred on May 18, 2005 on State Road 34 in South Middleton Township, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiffs filed a Complaint sounding in negligence and alleging personal injury. 3. On February 7, 2013, the Defendant served the Plaintiffs with Supplemental Interrogatories — Set No. 2 relative to the above-referenced matter. (A true and correct copy of correspondence directed to Plaintiffs' counsel and dated February 7, 2013, is attached hereto as Exhibit "A".) 4. In accordance with Pennsylvania Rule of Civil Procedure 4009, the Plaintiffs' discovery responses should have been received by March 7, 2013. 5. After repeated attempts to contact Plaintiffs' counsel in regards to the Plaintiffs' discovery responses, counsel for the Defendant filed a Motion to Compel Discovery Responses on July 17, 2013. 6. On July 23, 2013 the Honorable Kevin A. Hess issued a Rule upon Plaintiffs to show cause why the relief should not be granted within 10 days of service. (A true and correct copy of the Honorable Hess's Rule is attached hereto as Exhibit "B".) 7. The Plaintiffs have yet to file an Answer to the Rule. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 206.7, the Defendant respectfully requests this Honorable Court enter an Order directing Plaintiffs to provide the Defendant with full and complete Responses to Defendant's Supplemental Interrogatories —Set No. 2 within twenty (20) days or suffer additional sanctions. 9. Counsel for the Defendant certifies he has made a good faith effort to resolve this discovery dispute as set forth above. 10. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs' counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs' Responses to Supplemental Interrogatories —Set No. 2 have not been received by Defendant's counsel. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling the Plaintiffs to provide the Defendant with full and complete Answers to Supplemental Interrogatories —Set No. 2. Respectfully submitted, SUMMERS, McDQNNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant SUMMERS , MCDONNELL , HUDOCK , GUTHRIE & SKEEL , PC ., ATTORNEYS AT LAW STEPHEN J. SUMMERS JASON A. HINES THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M.BRAUN JOSEPH A. HUDOCK,JR. 100 STERLING PARKWAY GUY E. BLASS* GREGG A. GUTHRIE SUITE 306 - MARK J.'GOLEN PETER B. SKEEL MECHANICSBURG, PA 17050 .SETH T.BLACK'* PATRICK M. CONNELLY* PHONE: 717-901-5916 GARTH A.GARTIN JEFFREY C. CATANZARITE - DANIEL J. SAMMEL KEVIN D. RAUCH FAX: 717.920-9129 KRISTA M."CORABI"' JACKLYN J. STOUGHTON *ALSO ADMITTED IN WV CARRIE J.TAYLOR **ALSO ADMITTED IN NJ REBECCA L. MAk ROCCO *ALSO ADMITTED IN OH February 7 1 2013 KYLE W. KROMBACH SAMUEL L.MACK W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. 16157 Dear Mr. Henning: Enclosed you will find the Defendant's Supplemental Interrogatories- Set No.. 2. directed toward your client, Doris Gardner. Kindly have you client respond to the.same within the timeframe established by 'the Applicable Pennsylvania Rules of Civil Procedure. Additionally, I ask that you confirm the following final dates of.treatment with your client: 1. Cumberland Valley. Chiropractic and Wellness Center. 09/06/2012; 2. Carlisle Regional.Medical Center-05/08/2012; 3. Masland Associates 07/14/2010; 4. Walnut Bottom Radiology—07/10/2009; 5. Orthopedic Institute of Pennsylvania-08/06/2008; 6. Health South Rehab:of Mechanicsburg —02/01/2007; 7. Penn's Woods Physical Therapy—07/06/2006; 8. Casses Chiropractic Clinic—08/14/2007;. 9. Penn Rehabilitation'Associates—03/07/2008; 10.Grandview Surgery Center—05/19/2008; 11.Hand Therapy Associates-07/09/2008; and 12.Orthopedic & Spine Physical Therapy—01/16/2008. Should any additional treatment dates or providers exist, please forward this. information and medical records, if available, to my attention. DEFENDANT'S EXHIBIT PITTSBURGH OFFICE: STREET'PITTSBURGH.PA 18219 I look forward to hearing from you shortly. Thank you. Very truly yours, C� O [P)\ Rebecca L. Marrocco RLM:ard Enclosure V DORIS J. GARNDER and IN THE COURT OF COMMON PLEAS OF OLEN E. GARDNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW vs. NO. 07-2312 CONSTANCE E. MORGAN, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW,this 2 day of July, 2013, a rule is issued on the plaintiff to show cause why the relief requested in the within Motion to Compel ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, Kevin Hess, P. J. i-- r iry Ra DEFENDANT'S EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. ORDER AND NOW, TO WIT, this day of August, 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Doris J. Gardner and Olen E. Gardner, provide Defendant, Constance E. Morgan, with full and complete Answers and Responses to Defendant's Supplemental Interrogatories —Set No. 2 within twenty (20) days of the date of this Order or suffer such sanctions as deemed appropriate by the Court. J. Distribution List: W. Scott Henning, Esquire; Handier, Henning & Rosenberg, LLP; 1300 Linglestown Road, Harrisburg, PA 17108 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 15th day of August, 2013. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Ke . Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. ORDER AND NOW, TO WIT, this day of August, 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Doris J. Gardner and Olen E. Gardner, provide Defendant, Constance E. Morgan, with full and complete Answers and Responses to Defendant's Supplemental Interrogatories —Set No. 2 within twenty (20) days of the date of this Order or suffer such sanctions as deemed appropriate by the Court. J. ZW.istribution List: S cott Henning, Esquire; Handler, Henning & Rosenberg, LLP; 1300 Linglestown Road, Harrisburg, PA 17108 w Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, Guthrie & Skeel, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 A r:� C, CIO I*es g ��ll3 m n off' 5 o a u CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 15th day of August, 2013. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Ke . Rauch, Esquire Counsel for Defendant I' latRL PENN'S yr cOUNTy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. MOTION TO COMPEL AUTHORIZATIONS FOR RELEASE OF CONSTANCE E. MORGAN, PLAINTIFF'S MEDICAL RECORDS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. MOTION TO COMPEL AUTHORIZATIONS FOR RELEASE OF PLAINTIFF'S MEDICAL RECORDS AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Authorizations for Release of Plaintiff's Medical Records and in support thereof avers the following: 1. This action arises out of a motor vehicle accident which occurred on May 18, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. By letter dated August 22, 2013, the Defendant requested the Plaintiff execute authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. (True and correct copies of the correspondence directed to Plaintiff's counsel dated August 22, 2013 and authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania, are attached hereto as Exhibit "A") ` 4. Additional letters requesting the executed authorizations were forwarded to Plaintiff's counsel on September 18, 2013 and November 6, 2013. In addition, Defendant's counsel has contacted Plaintiff's counsel via telephone on multiple occasions regarding the outstanding authorizations. (A true and correct copy of correspondence directed to Plaintiff's counsel and dated September 18, 2013, and November 6, 2013 is attached hereto as Exhibit "B" and Exhibit "C" respectively.) 5. It is the experience of Defendant's counsel that neither Hershey Medical Center nor Orthopedic Institute of Pennsylvania will comply with a subpoena for release of a patient's records due to internal policies and HIPAA requirements. 6. It is necessary for the proper defense of this matter that the Defendant obtain the Plaintiff's records from these providers. 7. Accordingly, the Defendant respectfully requests this Honorable Court enter an Order directing the Plaintiff to provide the Defendant with fully executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania within twenty (20) days or suffer additional sanctions. 8. Counsel for the Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, the executed authorizations have not been received by Defendant's counsel. 9. Counsel for Defendant certifies that the Honorable Judge Kevin A. Hess, has previously ruled on discovery issues in this matter. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to provide the Defendant with 'fully executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. ft By: 4\ j f Kevin D. Rauch, Esquire Counsel for Defendant SUMMERS , MCDONNELL , HUDOCK , GUTHRIE & SKEEL , P. C . ATTORNEYS AT LAW STEPHEN J. SUMMERS JASON A. HINES THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK,JR. 100 STERLING PARKWAY GUY E. BLASS* GREGG A. GUTHRIE SUITE 306 MARK J. GOLEN PETER B. SKEEL MECHANICSBURG, PA 17050 SETH T. BLACK** PATRICK M. CONNELLY* PHONE 717-901-5916 GARTH A. GARTIN JEFFREY C. CATANZARITE DANIEL J. SAMMEL KEVIN D. RAUCH FAX 717-920-9129 KRISTA M.CORABI*** JACKLYN J. STOUGHTON *ALSO ADMITTED IN WV CRAIG W. BEIL **ALSO ADMITTED IN NJ CARRIE J. TAYLOR** ***ALSO ADMITTED IN OH REBECCA L. MARROCCO JOSEPH S. SWARTZ August 22, 2013 KYLE W. KROMBACH W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. • 16157 Dear Mr. Henning: Please be advised that I intend to subpoena your client's records from the following providers: 1. Cumberland Valley Chiropractic and Wellness Center; 2. Carlisle Regional Medical Center; 3. Masland Associates; 4. Walnut Bottom Radiology; 5. HealthSouth Rehabilitation of Mechanicsburg; 6. Penn's Woods Physical Therapy; 7. Casses Chiropractic Clinic; 8. Penn Rehabilitation Associates; 9. Grandview Surgery Center; 10.Hand Therapy Associates; 11.Orthopedic and Spine Specialists; and 12.Hughes Family Chiropractic. My document retrieval will be in contact to discuss waiver of the 20-day objection period. For dates of service the individual subpoenas will apply to for each provider, please refer to my letters of February 7 and March 18, 2013 wherein I requested confirmation of final treatment dates for each provider for your client. As I was not previously aware your client treated at Hughes Family Chiropractic, I will be obtaining all her records from the same. Additionally, as you may be aware, Hershey Medical Center and Orthopedic Institute of Pennsylvania refuse to comply with subpoenas issued for a patient's records. As such, kindly have your client complete the enclosed authorizations for release of her records from the same. Again, as I was not previously aware that your PITTSBURGH OFFICE: TREET.PITTSBURGH.PA 15219 •client treated at Hershey Medical Center, I will be requesting all of her records. Please refer to my prior correspondence regarding dates of treatment for your client's records from Orthopedic Institute of Pennsylvania. Finally, at your earliest convenience, please forward your client's executed Verification for her Answers to Supplemental Interrogatories — Set No. 2. I look forward to hearing from you shorty. Thank you. Very truly yours, Rebecca M. Murray RMM:ard Enclosure AUTHORIZATION TO RELEASE HEALTH CARE INFORMATION Patient's Name Doris Gardner Date of Birth October 3, 1933 Social Security Number 235-52-5333 Address 1 Ridgeway Drive Carlisle, PA 17013 I request and authorize Orthopaedic Institute of Pennsylvania;3399 Trindle Road,Camp Hill,PA 17011 to release healthcare information of the patient named above to Litigation Solutions, Inc., on behalf of Summers,McDonnell,Hudock, Guthrie& Skeel This request and authorization applies to: X All hospital records(including nurses records and progress notes) X Transcribed hospital records X Clinician office chart notes X Medical records needed for continuity X Dental Records X Most recent five-year history X Physical therapy records X Laboratory reports X Emergency and urgency care notes X Pathology reports X Billing statements X X-Rays, MRI's, CT Scans X All reports X Diagnostic imaging reports Sensitive Materials(see below) Other:f If type other, enter specific information' This information is being requested for the purpose of: Litigation Please release records for the dates of: 08/06/2008-present Note on"Sensitive Materials": Sensitive materials may include,but is not limited to any health care information relating to testing/diagnosis, and/or treatment for HIV(AIDS Virus),sexually transmitted diseases,psychiatric disorders/mental health, or drug and/or alcohol use. If"Sensitive Materials"has been checked,you are specifically authorized to release all health care information relating to such diagnosis,testing,or treatment. 1 have read and understand the following: • This authorization is valid for 90 days after the date it is signed. • A photostatic copy is as valid as an original. • This authorization is revocable at any time upon written notification to the custodian of records. • Although prohibited, it is possible that my PHI may be re-disclosed by the facility receiving my records,therefore,the provider has no responsibility or liability as a result of the re-disclosure,and such information would no longer be protected by the HIPAA privacy rule. Signature of patient or patient's authorized representative Date Signed Relationship or status if signed by anyone other than patient(parent, legal guardian,personal representative, etc.) AUTHORIZATION TO RELEASE HEALTH CARE INFORMATION Patient's Name Doris Gardner Date of Birth October 3, 1933 Social Security Number 235-52-5333 Address 1 Ridgeway Drive Carlisle,PA 17013 I request and authorize Hershey Medical Center,500 University Drive, Hershey PA 17033 to release healthcare information of the patient named above to Litigation Solutions,Inc., on behalf of Summers, McDonnell, Hudock, Guthrie& Skeel This request and authorization applies to: X All hospital records(including nurses records and progress notes) X Transcribed hospital records X Clinician office chart notes X Medical records needed for continuity X Dental Records X Most recent five-year history X Physical therapy records X Laboratory reports X Emergency and urgency care notes X Pathology reports Billing statements X X-Rays, MRI's, CT Scans X All reports X Diagnostic imaging reports Sensitive Materials(see below) Other:IIf type other, enter specific information] This information is being requested for the purpose of: Litigation Please release records for the dates of: 1/1/1995-present Note on"Sensitive Materials": Sensitive materials may include,but is not limited to any health care information relating to testing/diagnosis, and/or treatment for HIV(AIDS Virus), sexually transmitted diseases, psychiatric disorders/mental health,or drug and/or alcohol use. If"Sensitive Materials"has been checked,you are specifically authorized to release all health care information relating to such diagnosis,testing, or treatment. I have read and understand the following: • This authorization is valid for 90 days after the date it is signed. • A photostatic copy is as valid as an original. • This authorization is revocable at any time upon written notification to the custodian of records. • Although prohibited, it is possible that my PHI may be re-disclosed by the facility receiving my records,therefore,the provider has no responsibility or liability as a result of the re-disclosure,and such information would no longer be protected by the HIPAA privacy rule. Signature of patient or patient's authorized representative Date Signed Relationship or status if signed by anyone other than patient(parent, legal guardian,personal representative, etc.) • SUMMERS , MCDONNELL , HUDOCK , GUTHRIE & SKEEL , P. C . ATTORNEYS AT LAW STEPHEN J. SUMMERS JASON A. HINES THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK,JR. 100 STERLING PARKWAY GUY E. BLASS* GREGG A. GUTHRIE SUITE 306 MARK J. GOLEN PETER B. SKEEL MECHANICSBURG, PA 17050 SETH T. BLACK** PATRICK M. CONNELLY* PHONE 717-901-5916 GARTH A. GARTIN JEFFREY C. CATANZARITE DANIEL J. SAMMEL KEVIN D. RAUCH FAX 717-920-9129 KRISTA M.CORABI*** JACKLYN J. STOUGHTON *ALSO ADMITTED IN WV CRAIG W. BEIL **ALSO ADMITTED IN NJ CARRIE J. TAYLOR** ***ALSO ADMITTED IN OH REBECCA L. MARROCCO JOSEPH S. SWARTZ KYLE W. KROMBACH September 18, 2013 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. : 16157 Dear Mr. Henning: Kindly allow this letter to serve as a follow-up to my August 22, 2013 correspondence. At this time, I am still awaiting receipt of your client's executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Kindly advise as to when I can expect to receive the executed authorizations. Additionally, please forward your client's executed verification for her Answers to Supplemental Interrogatories — Set No. 2. I look forward to hearing from you shorty. Thank you. Very truly yours, Rebecca M. Murray RMM:ard PITTSBURGH OFFICE: GULF TOWER,SUITE 2400,707 GRANT STREET,PITTSBURGH,PA 15219 PHONE 412-261-3232 FAX 412-261-3239 SUMMERS , MCDONNELL , HUDOCK , GUTHRIE & SKEEL , P. C . ATTORNEYS AT LAW STEPHEN J. SUMMERS JASON A. HINES THOMAS A.,MCDONNELL HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK.JR. 100 STERLING PARKWAY GUY E. BLASS* GREGG A. GUTHRIE SUITE 306 MARK J. GOLEN PETER B. SKEEL MECHANICSBURG, PA 17050 SETH T. BLACK** PATRICK M. CONNELLY* PHONE: 717-901-5916 GARTH A. GARTIN JEFFREY C. CATANZARITE FAX 717-920-9129 DANIEL J. SAMMEL KEVIN D. RAUCH KRISTA M. CORABI*** JACKLYN J. STOUGHTON *ALSO ADMITTED IN WV CRAIG W. BEIL **ALSO ADMITTED IN NJ CARRIE J. TAYLOR** ***ALSO ADMITTED IN OH REBECCA L. MARROCCO JOSEPH S. SWARTZ KYLE W. KROMBACH November 6, 2013 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. : 16157 Dear Mr. Henning: Enclosed please find your client's updated records from the following providers: 1. Cumberland Valley Chiropractic & Wellness; and 2. Masland Associates. Additionally, in follow-up to my August 22, and September 18, 2013 correspondence, I am still awaiting receipt of your client's executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Kindly advise as to when I can expect to receive the executed authorizations. Additional copies are again attached should they be necessary. Finally, please forward your client's executed verification for her Answers to Supplemental Interrogatories — Set No. 2. I look forward to hearing from you shorty. Thank you. Very truly yours, Rebecca M. Murray RMM:ard Enclosures PITTSBURGH OFFICE: STREET,PITTSBURGH,PA 15219 FAX 412-261-3239 • CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL AUTHORIZATIONS FOR RELEASE OF PLAINTIFF'S RECORDS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 13th day of January, 2014. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: vt Ke •A D. Rauch, Esquire Counsel for Defendant DORIS J. GARNDER and IN THE COURT OF COMMON PLEAS OF OLEN E. GARDNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW vs. NO. 07-2312 CONSTANCE E. MORGAN, Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL AUTHORIZATIONS ORDER AND NOW, this 2 day of January, 2014, a rule is issued on the plaintiffs to show cause why the relief requested in the within Motion to Compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Kevin . Hess, P. J. t Es moll= l�.G� ry o Al j ,r,)f'rt/ 2,' I I I L. 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. MOTION TO MAKE RULE ABSOLUTE CONSTANCE E. MORGAN, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, and GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite306 Mechanicsburg, PA 17050 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Make Rule Absolute and in support thereof avers the following: 1. This action arises out of a motor vehicle accident which occurred on May 18, 2005 on State Road 34 in South Middleton Township, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiffs filed a Complaint sounding in negligence and alleging personal injury. 3. By letter dated August 22, 2013, the Defendant requested the Plaintiff execute authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. 4. After repeated attempts to contact Plaintiffs' counsel in regards to the outstanding , counsel for the Defendant filed a Motion to Compel the authorizations on January 13, 2014. (A true and correct copy of the Motion to Compel Authorizations for Release of the Plaintiff's Medical Records is attached hereto as Exhibit "A"). 6. On January 21, 2014 the Honorable Kevin A. Hess issued a Rule upon Plaintiffs to show cause why the relief should not be granted within 20 days of service. (A true and correct copy of the Honorable Hess's Rule is attached hereto as Exhibit "B".) 7. The Plaintiffs have yet to file an Answer to the Rule. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 206.7, the Defendant respectfully requests this Honorable Court enter an Order directing Plaintiffs to provide the Defendant with properly executed authorizations for release of the medical records of the Plaintiff, Doris Gardner, from Hershey Medical Center and Orthopedic Institute of Pennsylvania within ten (10) days or suffer additional sanctions. 9. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs' counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, the executed authorizations have not been received by Defendant's counsel. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling the Plaintiffs to provide the Defendant with properly executed authorizations for release of the medical records of the Plaintiff, Doris Gardner, from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: Ke D. 'auch, Esquire Counsel for Defendant Iip t\ TI-10115'-.TA C'1;Lai ^L f,° JCOU BY PENNSYLVANIA IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. MOTION TO COMPEL AUTHORIZATIONS FOR RELEASE OF CONSTANCE E. MORGAN, PLAINTIFF'S MEDICAL RECORDS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. MOTION TO COMPEL AUTHORIZATIONS FOR RELEASE OF PLAINTIFF'S MEDICAL RECORDS AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Authorizations for Release of Plaintiff's Medical Records and in support thereof avers the following: 1. This action arises out of a motor vehicle accident which occurred on May 18, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. By letter dated August 22, 2013, the Defendant requested the Plaintiff execute authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. (True and correct copies of the correspondence directed to Plaintiff's counsel dated August 22, 2013 and authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania, are attached hereto as Exhibit "A".) 4. Additional letters requesting the executed authorizations were forwarded to Plaintiff's counsel on September 18, 2013 and November 6, 2013. In addition, Defendant's counsel has contacted Plaintiffs counsel via telephone on multiple occasions regarding the outstanding authorizations. (A true and correct copy of correspondence directed to Plaintiffs counsel and dated September 18, 2013, and November 6, 2013 is attached hereto as Exhibit "B" and Exhibit "C" respectively.) 5. It is the experience of Defendant's counsel that neither Hershey Medical Center nor Orthopedic Institute of Pennsylvania will comply with a subpoena for release of a patient's records due to internal policies and HIPAA requirements. 6. It is necessary for the proper defense of this matter that the Defendant obtain the Plaintiff's records from these providers. 7. Accordingly, the Defendant respectfully requests this Honorable Court enter an Order directing the Plaintiff to provide the Defendant with fully executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania within twenty (20) days or suffer additional sanctions. 8. Counsel for the Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, the executed authorizations have not been received by Defendant's counsel. 9. Counsel for Defendant certifies that the Honorable Judge Kevin A. Hess, has previously ruled on discovery issues in this matter. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to provide the Defendant with fully executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By:_ J� i,f Kevin D. Rauch, Esquire Counsel for Defendant SUMMERS , MCDONNELL , HUDOCK , GUTHRIE & SKEEL , P. C . ATTORNEYS AT LAW STEPHEN J. SUMMERS JASON A. HINES THOMAS A MCDONNELL HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK.JR. 100 STERLING PARKWAY Guy E. BLASS* GREGG A' GUTHRIE SUITE 306 MARK J. GOLEN PETER B. SKEEL MECHANICSBURG, PA 17050 SETH T. BLACK** PATRICK M. CONNELLY' PHONE 717 9015916 GARTH A. GARTIN JEFFREY C. CATANZARITE FAX: 717-920-9129 DANIEL J.SAMMEL KEVIN D. RAUCH KRISTA M.CORABI*** JACKLYN J. STOUGHTON *ALSO ADMITTED IN WV CRAIG W.BEIL `*ALSO ADMITTED IN NJ CARRIE J. TAYLOR** ***ALSO ADMITTED IN OH REBECCA L. MARROCCO JOSEPH S.SWARTZ August 22, 2013 KYLE W. KROMBACH W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. • 16157 Dear Mr. Henning: Please be advised that I intend to subpoena your client's records from the following providers: 1. Cumberland Valley Chiropractic and Wellness Center; 2. Carlisle Regional Medical Center; 3. Masland Associates; 4. Walnut Bottom Radiology; 5. HealthSouth Rehabilitation of Mechanicsburg; 6. Penn's Woods Physical Therapy; 7. Casses Chiropractic Clinic; 8. Penn Rehabilitation Associates; 9. Grandview Surgery Center; 10.Hand Therapy Associates; 11.Orthopedic and Spine Specialists; and 12.Hughes Family Chiropractic. My document retrieval will be in contact to discuss waiver of the 20-day objection period. For dates of service the individual subpoenas will apply to for each provider, please refer to my letters of February 7 and March 18, 2013 wherein I requested confirmation of final treatment dates for each provider for your client. As I was not previously aware your client treated at Hughes Family Chiropractic, I will be obtaining all her records from the same. Additionally, as you may be aware, Hershey Medical Center and Orthopedic Institute of Pennsylvania refuse to comply with subpoenas issued for a patient's records. As such, kindly have your client complete the enclosed authorizations for release of her records from the same. Again, as I was not previously aware that your PITTSBURGH OFFICE: s TREET PITTSBURGH.PA 15219 • client treated at Hershey Medical Center, I will be requesting all of her records. Please refer to my prior correspondence regarding dates of treatment for your client's records from Orthopedic Institute of Pennsylvania. Finally, at your earliest convenience, please forward your client's executed Verification for her Answers to Supplemental Interrogatories — Set No. 2. I look forward to hearing from you shorty. Thank you. Very truly yours, Rebecca M. Murray RMM:ard Enclosure AUTHORIZATION TO RELEASE HEALTH CARE INFORMATION Patient's Name Doris Gardner Date of Birth October 3, 1933 Social Security Number 235-52-5333 Address 1 Ridgeway Drive Carlisle,PA 17013 I request and authorize Orthopaedic Institute of Pennsylvania 3399 Trindle Road,Camp Hill,PA 17011 to release healthcare information of the patient named above to Litigation Solutions,Inc., on behalf of Summers, McDonnell,Hudock, Guthrie& Skeel This request and authorization applies to: X All hospital records(including nurses records and progress notes) X Transcribed hospital records X Clinician office chart notes X Medical records needed for continuity X Dental Records X Most recent five-year history X Physical therapy records X Laboratory reports X Emergency and urgency care notes X Pathology reports X Billing statements X X-Rays, MRI's,CT Scans X All reports X Diagnostic imaging reports Sensitive Materials (see below) Other:lIf type other, enter specific information] This information is being requested for the purpose of: Litigation Please release records for the dates of 08/06/2008-present Note on"Sensitive Materials": Sensitive materials may include,but is not limited to any health care information relating to testing/diagnosis,and/or treatment for HIV(AIDS Virus), sexually transmitted diseases,psychiatric disorders/mental health, or drug and/or alcohol use. If"Sensitive Materials"has been checked,you are specifically authorized to release all health care information relating to such diagnosis,testing,or treatment. I have read and understand the following: • This authorization is valid for 90 days after the date it is signed. • A photostatic copy is as valid as an original. • This authorization is revocable at any time upon written notification to the custodian of records. • Although prohibited, it is possible that my PHI may be re-disclosed by the facility receiving my records,therefore,the provider has no responsibility or liability as a result of the re-disclosure, and such information would no longer be protected by the HIPAA privacy rule. Signature of patient or patient's authorized representative Date Signed Relationship or status if signed by anyone other than patient(parent, legal guardian,personal representative, etc.) AUTHORIZATION TO RELEASE HEALTH CARE INFORMATION Patient's Name Doris Gardner Date of Birth October 3, 1933 Social Security Number 235-52-5333 Address 1 Ridgeway Drive Carlisle,PA 17013 I request and authorize Hershey Medical Center. 500 University Drive, Hershey PA 17033 to release healthcare information of the patient named above to Litigation Solutions,Inc.,on behalf of Summers, McDonnell, Hudock, Guthrie& Skeel This request and authorization applies to: X All hospital records(including nurses records and progress notes) X Transcribed hospital records X Clinician office chart notes X Medical records needed for continuity X Dental Records X Most recent five-year history X Physical therapy records X Laboratory reports X Emergency and urgency care notes X Pathology reports Billing statements X X-Rays, MRI's,CT Scans X All reports X Diagnostic imaging reports Sensitive Materials(see below) Other:[If type other, enter specific information] This information is being requested for the purpose of: Litigation Please release records for the dates of: 1/1/1995-present Note on"Sensitive Materials": Sensitive materials may include,but is not limited to any health care information relating to testing/diagnosis,and/or treatment for HIV (AIDS Virus), sexually transmitted diseases, psychiatric disorders/mental health,or drug and/or alcohol use. If"Sensitive Materials" has been checked, you are specifically authorized to release all health care information relating to such diagnosis, testing, or treatment. I have read and understand the following: • This authorization is valid for 90 days after the date it is signed. • A photostatic copy is as valid as an original. • This authorization is revocable at any time upon written notification to the custodian of records. • Although prohibited, it is possible that my PHI may be re-disclosed by the facility receiving my records,therefore,the provider has no responsibility or liability as a result of the re-disclosure, and such information would no longer be protected by the HIPAA privacy rule. Signature of patient or patient's authorized representative Date Signed Relationship or status if signed by anyone other than patient(parent, legal guardian,personal representative, etc.) SUMMERS , MCDONNELL , HUDOCK , GUTHRIE & SKEEL , P. C . ATTORNEYS AT LAW STEPHEN .J SUMMERS JASON A.HINES THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A HuooCK,JR 100 STERLING PARKWAY Guy E. BLASS* GREGG A. GUTHRIE SUITE 306 MARK J. GOLEN PETER B SKEEL MECHANICSBURG, PA 17050 SETH T. BLACK** PATRICK M. CONNELLY* PHONE 717-901-5916 GARTH A.GARTIN JEFFREY C. CATANZARITE DANIEL J. SAMMEL KEVIN D. RAUCH FAX 717-920-9129 KRISTA M. CORASI*** JACKLYN J. STOUGHTON *ALSO ADMITTED IN WV CRAIG W. BEIL **ALSO ADMITTED IN NJ CABBIE J.TAYLOR** ***ALSO ADMITTED IN OH REBECCA L. MAR ROCCO JOSEPH S. SWARTZ KYLE W. KROMBACH September 18, 2013 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. : 16157 Dear Mr. Henning: Kindly allow this letter to serve as a follow-up to my August 22, 2013 correspondence. At this time, I am still awaiting receipt of your client's executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Kindly advise as to when I can expect to receive the executed authorizations. Additionally, please forward your client's executed verification for her Answers to Supplemental Interrogatories — Set No. 2. I look forward to hearing from you shorty. Thank you. Very truly yours, Rebecca M. Murray RMM:ard PITTSBURGH OFFICE: GULF TOWER,SUITE 2400,707 GRANT STREET,PITTSBURGH PA 15219 PHONE 412-261-3232 FAX 412-261-3239 SUMMERS , MCDONNELL , HUDOCK , GUTHRIE & SKEEL , P. C . ATTORNEYS AT LAW STEPHEN J. SUMMERS JASON A. HINES THOMAS A. MCDONNELL HARRISBURG OFFICE: ERIN M.BRAUN JOSEPH A. HUDOCK. JR. 100 STERLING PARKWAY Guy E. BLASS* GREGG A. GUTHRIE SUITE 306 MARK J. GOLEN PETER B SKEEL MECHANICSBURG. PA 17050 SETH T.BLACK" PATRICK M CONNELLY* PHONE 717-901-5916 GARTH A. GARTIN JEFFREY C. CATANZARITE FAX 717-920-9129 DANIEL J. SAMMEL KEVIN D. RAUCH KRISTA M. CORABI**' JACKLYN J. STOUGHTON *ALSO ADMITTED IN WV CRAIG W. BEIL **ALSO ADMITTED IN NJ CARRIE J. TAYLOR** ***ALSO ADMITTED IN OH REBECCA L.MARROCCO JOSEPH S. SWARTZ KYLE W. KROMBACH November 6, 2013 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No. • 16157 Dear Mr. Henning: Enclosed please find your client's updated records from the following providers: 1. Cumberland Valley Chiropractic & Wellness; and 2. Masland Associates. Additionally, in follow-up to my August 22, and September 18, 2013 correspondence, I am still awaiting receipt of your client's executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Kindly advise as to when I can expect to receive the executed authorizations. Additional copies are again attached should they be necessary. Finally, please forward your client's executed verification for her Answers to Supplemental Interrogatories— Set No. 2. I look forward to hearing from you shorty. Thank you. Very truly yours, Rebecca M. Murray RMM:ard NIM Enclosures PITTSBURGH OFFICE: STREET,PITTSBURGH.PA 16219 FAX 412-26I-3239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. ORDER AND NOW, TO WIT, this day of , 2013, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Doris J. Gardner and Olen E. Gardner, provide Defendant, Constance E. Morgan, with fully executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania within twenty (20) days of the date of this Order. J. Distribution List: W. Scott Henning, Esquire; Handler, Henning & Rosenberg, LLP; 1300 Linglestown Road, Harrisburg, PA 17108 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock & Guthrie, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL AUTHORIZATIONS FOR RELEASE OF PLAINTIFF'S RECORDS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 13th day of January, 2014. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. B : dtt ' Ke .4 D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. (Jury Trial Demanded) CONSTANCE E. MORGAN, Defendant. ORDER AND NOW, TO WIT, this day of February, 2014, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Doris J. Gardner and Olen E. Gardner, provide Defendant, Constance E. Morgan, with properly executed authorizations for release of Doris Gardner's records from Penn State Hershey Medical Center and Orthopedic Institute of Pennsylvania within ten (10) days of the date of this Order or suffer such sanctions as deemed appropriate by the Court. Kevin A. Hess, P.J. Distribution List: W. Scott Henning, Esquire; Handler, Henning & Rosenberg, LLP; 1300 Linglestown Road, Harrisburg, PA 17108 Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, & Guthrie, P.C.; 100 Sterling Parkway, Suite 306, Mechanicsburg, PA 17050 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 11th day of February, 2014. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. / �r By: (J,..t}A l Ke D. Rauch, Esquire Counsel for Defendant FILED OF C fir PR'0T�10,Pj ;' 201► FEB 19 Plzl I4; 10 CUMBERLAND 00UINTY PENINSYLYrRA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 V. CONSTANCE E. MORGAN, (Jury Trial Demanded) Defendant. ORDER AND NOW, TO WIT, this /1 . day of February, 2014, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff, Doris J. Gardner and Olen E. Gardner, provide Defendant, Constance E. Morgan, with properly executed authorizations for release of Doris Gardner's records from Penn State Hershey Medical Center and Orthopedic Institute of Pennsylvania within ten (10) days of the date of this Order or suffer such sanctions as deemed appropriate by the Court. Kevi . Hess, P.J. Distribution List: W. Scott Henning, Esquire; Handler, Henning & Rosenberg, LLP; 1300 Lin Harrisburg, PA 17108 g glestown Road, Kevin D. Rauch, Esquire; Summers, McDonnell, Hudock, & Guthrie, P.C.; 100 Sterlin Park Suite 306, Mechanicsburg, PA 17050 g Way' J iHEPROTHOOiAi-` 2014 JUN --3 PM 1:52 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and CIVIL DIVISION OLEN E. GARDNER, Plaintiffs, NO. 07-2312 v. MOTION FOR SANCTIONS CONSTANCE E. MORGAN, (Jury Trial Demanded) Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, and GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 #16157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs, v. CONSTANCE E. MORGAN, Defendant. CIVIL DIVISION NO. 07-2312 (Jury Trial Demanded) MOTION FOR SANCTIONS AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion for Sanctions and in support thereof avers the following: 1. This action arises out of a motor vehicle accident which occurred on May 18, 2005 on State Road 34 in South Middleton Township, Cumberland County, Pennsylvania. 2. As a result of this accident, the Plaintiffs filed a Complaint sounding in negligence and alleging personal injury. 3. By letter dated August 22, 2013, the Defendant requested the Plaintiff execute authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. 4. After repeated attempts to contact Plaintiffs' counsel in regards to the outstanding authorizations, counsel for the Defendant filed a Motion to Compel the same on January 13, 2014. (A true and correct copy of the Motion to Compel Authorizations for Release of the Plaintiff's Medical Records is attached hereto as Exhibit "A"). 6. On January 21, 2014 the Honorable Kevin A. Hess issued a Rule upon Plaintiffs to show cause why the relief should not be granted within 20 days of service. (A true and correct copy of the the Rule is attached hereto as Exhibit "B".) 7. The Plaintiffs failed to file an Answer to the Rule within the timeframe established. As such, the Defendant filed a Motion to Make Rule Absolute on February 11, 2014. (A true and correct copy of the Motion to Make Rule Absolute is attached hereto as Exhibit "C"). 8. On February 19, 2014, the Honorable Kevin A. Hess issued an Order requiring the Plaintiffs to provide the authorizations within ten (10) days or suffer additional sanctions as deemed appropriate by the Court. (A true and correct copy of the February 19, 2014 Order is attached hereto as Exhibit "D"). 9. To date, the Defendant has not received such authorizations despite the February 19, 2014.Order. 10. Repeated attempts and notification of the impending filing of the Motion for Sanctions have also failed to produce the executed authorizations. 11. The Defendant's request for these records is necessary for the proper defense of this case. As the Defendant first requested the authorizations nearly one year ago and has still not received the same, the Defendant respectfully requests that this Honorable Court enter the attached Order precluding the recovery of any economic damages in this case and precluding any evidence and/or testimony of non -economic damages continuing past the date of submission of the Plaintiff's Answers to Supplemental Interrogatories —Set No.2 (August 16, 2013) as this was the last time the Plaintiff provided any information concerning treatment or damages to the Defendant. Furthermore, the Defendant requests the court award attorney's fees in an amount it finds reasonable. In the alternative, the Defendant requests the Court award whatever sanctions it deems appropriate given the circumstances. 12. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs' counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, the executed authorizations have not been received by Defendant's counsel. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling the Plaintiffs to provide the Defendant with properly executed authorizations for release of the medical records of the Plaintiff, Doris Gardner, from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. By: Ke D. Rauch, Esquire Counsel for Defendant LH E0 THE PI THONO-TAITr‘I' 20 JAN Ili Ait; 48 CUfs'IBERL AND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs, V. CONSTANCE E. MORGAN, Defendant. #16157 CIVIL DIVISION NO. 07-2312 MOTION TO COMPEL AUTHORIZATIONS FOR RELEASE OF PLAINTIFF'S MEDICAL RECORDS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. LD. #83058 SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs, V. CONSTANCE E. MORGAN, Defendant. CIVIL DIVISION NO. 07-2312 (Jury Trial Demanded) MOTION TO COMPEL AUTHORIZATIONS FOR RELEASE OF PLAINTIFF'S MEDICAL RECORDS AND NOW, comes the Defendant, Constance E. Morgan, by and through her attorneys, Summers, McDonnell, Hudock, & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Authorizations for Release of Plaintiff's Medical Records and in support thereof avers the following: 1. This action arises out of a motor vehicle accident which occurred on May 18, 2005. 2. As a result of this accident, the Plaintiff filed a Complaint sounding in negligence. 3. By letter dated August 22, 2013, the Defendant requested the Plaintiff execute authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. (True and correct copies of the correspondence directed to Plaintiff's counsel dated August 22, 2013 and authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania, are attached hereto as Exhibit "A".) 4. Additional letters requesting the executed authorizations were forwarded to Plaintiff's counsel on September 18, 2013 and November 6, 2013. In addition, Defendant's counsel has contacted Plaintiffs counsel via telephone on multiple occasions regarding the outstanding authorizations. (A true and correct copy of correspondence directed to Plaintiff's counsel and dated September 18, 2013, and November 6, 2013 is attached hereto as Exhibit "B" and Exhibit "C" respectively.) 5. It is the experience of Defendant's counsel that neither Hershey Medical Center nor Orthopedic Institute of Pennsylvania will comply with a subpoena for release of a patient's records due to internal policies and HIPAA requirements. 6. It is necessary for the proper defense of this matter that the Defendant obtain the Plaintiff's records from these providers. 7. Accordingly, the Defendant respectfully requests this Honorable Court enter an Order directing the Plaintiff to provide the Defendant with fully executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania within twenty (20) days or suffer additional sanctions. 8. Counsel for the Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, the executed authorizations have not been received by Defendant's counsel. 9. Counsel for Defendant certifies that the Honorable Judge Kevin A. Hess, has previously ruled on discovery issues in this matter. WHEREFORE, Defendant, Constance Morgan, respectfully requests this Honorable Court enter an Order compelling the Plaintiff to provide the Defendant with fully executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, & GUTHRIE, P.C. Kevin D. Rauch, Esquire Counsel for Defendant STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUOOCK. JR. GREGG A GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH *ALSO ADMITTED IN WV **ALSO ADMITTED IN NJ ***ALSO ADMITTED IN OH SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, PC. ATTORNEYS AT LAW HARRISBURG OFFICE: 100 STERLING PARKWAY SUITE 306 MECHANICSBURG, PA 17050 PHONE 717-901-5916 FAX 717-920-9129 August 22, 2013 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 JASON A. HINES ERIN M. BRAUN GUY E. BLASS* MARK J. GOLEN SETH T. BLACK** GARTH A. GARTIN DANIEL J. SAMMEL KRISTA M. CORABI*** JACKLYN J. STOUGHTON CRAIG W. BEIL CARRIE J. TAYLOR** REBECCA L. MARROCCO JOSEPH S. SWARTZ KYLE W. KROMBACH RE: Gardner v. Morgan Our File No. 16157 Dear Mr. Henning: Please be advised that I intend to subpoena your client's records from the following providers: 1. Cumberland Valley Chiropractic and Wellness Center; 2. Carlisle Regional Medical Center; 3. Masland Associates; 4. Walnut Bottom Radiology; 5. HealthSouth Rehabilitation of Mechanicsburg; 6. Penn's Woods Physical Therapy; 7. Casses Chiropractic Clinic; 8. Penn Rehabilitation Associates; 9. Grandview Surgery Center; 10. Hand Therapy Associates; 11. Orthopedic and Spine Specialists; and 12. Hughes Family Chiropractic. My document retrieval will be in contact to discuss waiver of the 20 -day objection period. For dates of service the individual subpoenas will apply to for each provider, please refer to my letters of February 7 and March 18, 2013 wherein I requested confirmation of final treatment dates for each provider for your client. As I was not previously aware your client treated at Hughes Family Chiropractic, I will be obtaining all her records from the same. Additionally, as you may be aware, Hershey Medical Center and Orthopedic Institute of Pennsylvania refuse to comply with subpoenas issued for a patient's records. As such, kindly have your client complete the enclosed authorizations for release of her records from the same. Again, as I was not previously aware that your PITTSBURGH OFFICE: TREET. PITTSBURGH, PA 15219 client treated at Hershey Medical Center, I will be requesting all of her records. Please refer to my prior correspondence regarding dates of treatment for your client's records from Orthopedic Institute of Pennsylvania. Finally, at your earliest convenience, please forward your client's executed Verification for her Answers to Supplemental Interrogatories — Set No. 2. I look forward to hearing from you shorty. Thank you. Very truly yours, Rebecca M. Murray RMM:ard Enclosure I AUTHORIZATION TO RELEASE HEALTH CARE INFORMATION Patient's Name Date of Birth Social Security Number Address Doris Gardner October 3, 1933 235-52-5333 1 Ridgeway Drive Carlisle, PA 17013 I request and authorize Orthopaedic Institute of Pennsylvania; 3399 Trindle Road, Camp Hill, PA 17011 to release healthcare information of the patient named above to Litigation Solutions, Inc., on behalf of Summers, McDonnell, Hudock. Guthrie & Skeel This request and authorization applies to: X All hospital records (including nurses records and progress notes) X Transcribed hospital records X Clinician office chart notes X Medical records needed for continuity X Dental Records X Most recent five-year history X Physical therapy records X Laboratory reports X Emergency and urgency care notes X Pathology reports X Billing statements X X -Rays, MRI's, CT Scans X All reports X Diagnostic imaging reports Sensitive Materials (see below) Other: If type other, enter specific information] This information is being requested for the purpose of: Litigation Please release records for the dates of: 08/06/2008 -present Note on "Sensitive Materials": Sensitive materials may include, but is not limited to any health care information relating to testing / diagnosis, and / or treatment for HIV (AIDS Virus), sexually transmitted diseases, psychiatric disorders / mental health, or drug and / or alcohol use. If "Sensitive Materials" has been checked, you are specifically authorized to release all health care information relating to such diagnosis, testing, or treatment. I have read and understand the following: • This authorization is valid for 90 days after the date it is signed. • A photostatic copy is as valid as an original. • This authorization is revocable at any time upon written notification to the custodian of records. • Although prohibited, it is possible that my PHI may be re -disclosed by the facility receiving my records, therefore, the provider has no responsibility or liability as a result of the re -disclosure, and such information would no longer be protected by the HIPAA privacy rule. Signature of patient or patient's authorized representative Date Signed Relationship or status if signed by anyone other than patient (parent, legal guardian, personal representative, etc.) AUTHORIZATION TO RELEASE HEALTH CARE INFORMATION Patient's Name Date of Birth Social Security Number Address Doris Gardner October 3. 1933 235-52-5333 1 Ridgeway Drive Carlisle, PA 17013 I request and authorize Hershey Medical Center. 500 University Drive, Hershey PA 17033 to release healthcare information of the patient named above to Litigation Solutions, Inc., on behalf of Summers, McDonnell, Hudock, Guthrie & Skeel This request and authorization applies to: X X Transcribed hospital records X Medical records needed for continuity X Most recent five-year history X Laboratory reports X Pathology reports X X -Rays, MRI's, CT Scans X Diagnostic imaging reports All hospital records (including nurses records and progress notes) X X X X X Other: jlf type other, enter specific information) This information is being requested for the purpose of: Litigation Please release records for the dates of: 1/1/1995 -present Clinician office chart notes Dental Records Physical therapy records Emergency and urgency care notes Billing statements All reports Sensitive Materials (see below) Note on "Sensitive Materials": Sensitive materials may include, but is not limited to any health care information relating to testing / diagnosis, and / or treatment for HIV (AIDS Virus), sexually transmitted diseases, psychiatric disorders / mental health, or drug and / or alcohol use. If "Sensitive Materials" has been checked, you are specifically authorized to release all health care information relating to such diagnosis, testing, or treatment. I have read and understand the following: • This authorization is valid for 90 days after the date it is signed. • A photostatic copy is as valid as an original. • This authorization is revocable at any time upon written notification to the custodian of records. • Although prohibited, it is possible that my PHI may be re -disclosed by the facility receiving my records, therefore, the provider has no responsibility or liability as a result of the re -disclosure, and such information would no longer be protected by the HIPAA privacy rule. Signature of patient or patient's authorized representative Date Signed Relationship or status if signed by anyone other than patient (parent, legal guardian, personal representative, etc.) STEPI4EN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH *ALSO ADMITTED IN WV **ALSO ADMITTED IN NJ ***ALSO ADMITTED IN OH SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. ATTORNEYS AT LAW HARRISBURG OFFICE: 100 STERLING PARKWAY SUITE 306 MECHANICSBURG, PA 17050 PHONE 717-901-5916 FAX 717-920-9129 September 18, 2013 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 RE: Gardner v. Morgan Our File No.• Dear Mr. Henning: 16157 JASON A. HINES ERIN M. BRAUN Guy E. BLASS* MARK J. GOLEN SETH T. BLACK** GARTH A. GARTIN DANIEL J. SAMMEL KRISTA M. CORABI*** JACKLYN J. STOUGHTON CRAIG W. BEIL CARRIE J. TAYLOR** REBECCA L. MARROCCO JOSEPH S. SWARTZ KYLE W. KROMBACH Kindly allow this letter to serve as a follow-up to my August 22, 2013 correspondence. At this time, I am still awaiting receipt of your client's executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Kindly advise as to when I can expect to receive the executed authorizations. Additionally, please forward your client's executed verification for her Answers to Supplemental Interrogatories — Set No. 2. I look forward to hearing from you shorty. Thank you. RMM:ard Very truly yours, Rebecca M. Murray PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET, PITTSBURGH. PA 15219 PHONE 412-261-3232 FAX 412.261.3239 STEPHEN J, SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK. JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH *ALSO ADMITTED IN WV **ALSO ADMITTED IN NJ ***ALSO ADMITTED IN OH SUMMERS, MCDONNELL, IIUDOCK, GUTHRIE & SKEEL, P.C. ATTORNEYS AT LAW HARRISBURG OFFICE: 100 STERLING PARKWAY SUITE 306 MECHANICSBURG, PA 17050 PHONE 717-901-5916 FAX 717-920-9129 November 6, 2013 W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17108 JASON A. HINES ERIN M. BRAUN GUY E. BLASS* MARK J. GOLEN SETH T. BLACK** GARTH A. GARTIN DANIEL J. SAMMEL KRISTA M. CORABI*** JACKLYN J. STOUGHTON CRAIG W. BEIL CARRIE J. TAYLOR** REBECCA L. MARROCCO JOSEPH S. SWARTZ KYLE W. KROMBACH RE: Gardner v. Morgan Our File No. 16157 Dear Mr. Henning: Enclosed please find your client's updated records from the following providers: 1. Cumberland Valley Chiropractic & Wellness; and 2. Masland Associates. Additionally, in follow-up to my August 22, and September 18, 2013 correspondence, I am still awaiting receipt of your client's executed authorizations for release of her records from Hershey Medical Center and Orthopedic Institute of Pennsylvania. Kindly advise as to when I can expect to receive the executed authorizations. Additional copies are again attached should they be necessary. Finally, please forward your client's executed verification for her Answers to Supplemental Interrogatories — Set No. 2. I look forward to hearing from you shorty. Thank you. RMM:ard Enclosures PITTSBURGH OFFICE: Very truly yours, Rebecca M. Murray FAX 412-261-3239 STREET, PITTSBURGH. PA 15219 DORIS J. GARNDER and OLEN E. GARDNER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 07-2312 CONSTANCE E. MORGAN, Defendant : JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER AND NOW, this £ day of June, 2014, a hearing on the Defendant's Motion for Sanctions is set for Tuesday, June 24, 2014, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. W. Scott Henning, Esquire For the Plaintiffs Kevin D. Rauch, Esquire For the Defendant :rim es PLIt L.P.1/11 BY THE COURT, -r, tro z_c, _ri r_ ova DORIS J. GARDNER and OLEN E. GARDNER, Plaintiffs V CONSTANCE E. MORGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-2312 JURY TRIAL DEMANDED IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 24th day of June, 2014, after an on -record argument, unless the plaintiffs provide the requested authorizations within ten days of today, they will be precluded from maintaining any claim for economic damages. The plaintiffs will also be precluded from maintaining a claim for non -economic damages that extends past the date of submission of the Answers to Supplemental Interrogatories - Set No. 2. Attorneys fees are awarded in the amount of $300.00. W. Scott Henning, Esquire For the Plaintiffs Rebecca Murray, Esquire For the Defendant :bg Cop 'Es fitvi'LL `1zr7/y By the Court, KeviA. Hess, P.J.