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Home My WebLink About04-1747IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.oy'/7517 2004 Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED Michael W. Sheibley Aaron Creamer 614 Apple Drive 120 E. Dauphin Street Mechanicsburg, PA Enola, PA 17025 versus and Clifton Shawn Spaulding 12021 Skyline Rd., NE Albuquerque, NM 87123 and Michaela R. McCarvey/Spaulding 12021 Skyline Rd., NE Albuquerque, NM 87123 Plaintiff Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND 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 Jason C. Imler, Esquire 1300 Linqlestown Road Harrisburq, PA 17110 Signature of Attorney (717) 238-2000 Supreme Court ID No. 87911 Name/Address/Telephone No. of Attorney Date: April 19, 2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. nn P. Prothoyot?ry r 6 Date: f 2 .2, d.OV Y by ` /? ,`r?_ ?r - 71c ?QF /- Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-01747 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHEIBLEY MICHAEL W VS CREAMER AARON ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CREAMER AARON but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT SERVED , as to the within named DEFENDANT CREAMER AARON 120 E DAUPHIN STREET ENOLA, PA 17025 THERE WAS OBVIOUSLY SOMEONE AT RESIDENCE, BUT NO ONE WOULD ANSWER DOOR. DEFENDANT CALLED OFFICE TO SEE WHY DEPUTIES WERE THERE. Sheriff's Costs: Docketing 18.00 Service 20.70 Affidavit .00 Surcharge 10.00 _ .00 48.70 Sworn and subscribed to bef this aL' day of r q A. D. IILI . Q Prothonotary So answers: R. Thomas Kline Sheriff of Cumberland County HANDLER HENNING ROSENBERG 05/21/2004 Dre me IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.09-17Y7 2004 Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED Michael W. Sheibley Aaron Creamer 614 Apple Drive 120 E. Dauphin Street Mechanicsburg, PA Enola, PA 17025 versus : and Clifton Shawn Spaulding 12021 Skyline Rd., NE Albuquerque, NM 87123 and Michaela R. McCarvey/Spauiding 12021 Skyline Rd., NE Albuquerque, NM 87123 Plaintiff Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action, X Writ of Summons Shall be issued and forwarded to (XX )Attorney ( )Sheriff Jason C. Imler. Esquire 1300 Linqlestown Road -- Harrisburq, PA 17110 Signature of Attomey (717) 238-2000 Supreme Court ID No. 87911 Name/Address/Telephone No. of Attorney Date: April 19. 2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. C G r ?? n Prot h1}ota Date: ;2, U a ? ?Zby y by ( 47 ?, 41. 0 / Deputy I.o ( ) Check here if reverse is used for additional information PROTHON. - 55 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michael W. Sheibley 614 Apple Drive Mechanicsburg, PA 17055 Plaintiff No. 04-1747-2004 Civil Action - (XX) Law J Equity URY TRIAL DEMANDED Aaron Creamer 120 E. Dauphin Street Enola, PA 17025 Clifton Shawn Spaulding 12021 Skyline Rd., NE V. Albuquerque, NM 87123 Michaela R. McCarvey/Spaulding 12021 Skyline Rd., NE Albuquerque, NM 87123 Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please re-issue A Writ of Summons in the above-captioned action. Jason C Imler Escuire 1300 Linales- town Road ?-?? Hamsburo PA 17110 (717) 238-2000 Signature o Attorney Name/Address/Telephone No. Supreme Court ID No -87911 of Attorney Date: July 1. 2004 ? c r "9 r;+ rn G .-.? , ?;;, r E " -c < '.° Q, . G ?"? .. d ?L m ro ? ca ? r- vY-/7y7 "I X?co I., c [ra''.R IIIT ??iEl'.ffFOF[,t"N.-' I?UUP c ,__ ir;i i_ ?F ,C`J?M i v ?C) F i:E FY THAT ON THF-A.-JDAY OF 10 ?H ry HE 7?? IYf/!?O rtES BY DELFVEf,ING ANL? LEAVING A C(-, ) THEREOF IN PERSON TO Su,9wN _ C Gt 00 70 At <oAll, I.-.- ,;§ f. qLr? ATA'BUQUEROUE,NEbVN'EXfCO-I';_, F'ETURN, D -- i"REPAI D $30.00 EN 1 HIT?_, ShI t i f' rF F3 C CZ f/T/?CG (? 7- 2-g MAY 14 200 aaa y o o T "Z, fY C_ C H ='. -' f'- n7?-. ( ?:. Cf. 1 .n m cri ?T yCC %? tV O v -? 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Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this 3,,,,k day of i,,f oZUDY A. D. l' 7tLte?,,' Prothonotary So Answers:) R. Thomas Kline 07/23/2004 HANDLER HENNIN?OSENBERG By. Deput Sheriff Michael W. Sheibley, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No.: 04-1747 2004 Aaron Creamer, Clifteon Shawn Spaulding, and CIVIL ACTION - LAW Michaela R. McCarvey/Spaulding, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Aaron Creamer, Clifton Shawn Spaulding and Michaela R. McCarvey/Spaulding, with regard to the above-captioned matter. Respectfully submitted, NEALON, GOVE& PERRY ?; r By: Date: James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this day of January, 2005, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jason C. Imler, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 James G. Nealon, III, Esquire . ,.. , , , ' ?: ?.? ?., - Michael W. Sheibley, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No.: 04-1747 2004 Aaron Creamer, Clifteon Shawn Spaulding, and CIVIL ACTION - LAW Michaela R. McCarvey/Spaulding, Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Date: I - I ?-0 ?- TO THE PLAINTIFF: Respectfully submitted, By: NEALON, GOVE,& PERRY C - James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232:-9900 RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: Prothonotary CERTIFICATE OF SERVICE AND NOW, this [*-day of January, 2005, 1 hereby certify that I have served the foregoing Praecipe for Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jason C. Imler, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 James G. Nealon, III a _ Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLER(a)HHRLAW.COM Attorney for Plaintiff MICHAEL W. SHEIBLEY, Plaintiff V. AARON CREAMER, CLIFTEON SHAWN SPAULDING, and MICHAELA R. McCARVEY/ SPAULDING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1747 2004 Defendants CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 ABLETO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 HANDLER HENNING & ROSENBERG, LLP i By ? , L, Jason C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (71.7) 238-2000 Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tale: (717) 238-2000 Fax: (717) 233-3029 IMLER t7.HHRLAW.COM Attorney for Plaintiff MICHAEL W. SHEIBLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. AARON CREAMER, CLIFTEON SHAWN SPAULDING, and MICHAELA R. McCARVEY/ SPAULDING, Defendants NO. 04-1747 2004 CIVIL ACTION - LAW AVISO Le han demandado an Corte. Si usted desea defender contra las demandas dispuestas en las p6ginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despu6s de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la Corte sus defensas u obi . eciones a las demandas dispuestas contra usted el abogado le advierte qua que si usted no puede hacer asi qua el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la Corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. LISTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAME:NTE. SI LISTED NO HACE QUE UN ABOGADO VAYA AO LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICI NA PUED E PROVEER DE LISTED LA INFORMAC16N SOBRE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE LISTED LA INFORMAC16N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGUN HONORARIO CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 HANDLER ?HE fyN NG A-ROSENBERG, LLP Jason C. Imler, Esquire I. D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (71.7) 238-2000 Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLERBHHRLAW.COM MICHAEL W. SHEIBLEY, Plaintiff V. AARON CREAMER, CLIFTEON SHAWN SPAULDING, and MICHAELA R. McCARVEY/ SPAULDING, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1747 2004 CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Michael W. Sheibley, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esq., and makes the within Complaint against the Defendants, Aaron Creamer, Clifteon Shawn Spaulding and Michaela R. McCarvey/Spaulding, and avers as follows: 1. Plaintiff, Michael W. Sheibley, is an adult individual currently residing at 614 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Aaron Creamer, is an adult individual currently residing at 120 East Dauphin Street, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant, Clifteon Shawn Spaulding, is an adult individual currently residing at 12021 Skyline Road, NE, Albuquerque, New Mexico 87123. 4. Defendant, Michaela R. McCarvey/Spaulding, is an adult individual currently residing at 12021 Skyline Road, NE, Albuquerque, New Mexico 87123. 5. Atalltimes material hereto, Plaintiff, Michael'W.Sheibley,wastheownerand operator of a 2001 Audi TT, bearing Pennsylvania Registration number EVW 8483 (hereinafter "Plaintiffs vehicle"). 6. At all times material hereto, Defendant, Aaron Creamer, was the operator of a 2002 Ford Explorer bearing Pennsylvania Registration number ENT 7572, which was owned by Clifteon Shawn Spaulding and Michaela R. McCarvey/Spaulding (hereinafter "Defendant's vehicle'). 7. At all times material hereto, Plaintiff, Michael )N. Sheibley, was insured under an automobile insurance policy with Erie Insurance Company and was covered by the full tort option. 8. At all times material hereto, there were no adverse weather or road conditions. 9. On or about August 22, 2002, at approximately 6:12 p.m., Plaintiffs vehicle was lawfully stopped at a properly posted stop sign, facing southbound, on Apple Drive in Mechanicsburg Borough, Cumberland County, Pennsylvania, at the intersection with East Simpson Street. 2 10. On or about August 22, 2002, at approximately 6:12 p.m., Defendant's vehicle was traveling westbound on East Simpson Street in Mechanicsburg Borough, Cumberland County, Pennsylvania, approaching the intersection with Apple Drive. 11. At approximately the same time and place, Defendant, Aaron Creamer, attempted to negotiate a left hand turn onto Apple Drive, crossed over the double yellow lines directly into Plaintiffs stopped vehicle and a violent collision resulted. 12. As a direct and proximate result of the negligence of the Defendant, Aaron Creamer, Plaintiff sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Michael W. Sheiblev v. Aaron Creamer 13. Paragraphs 1 through 12 are incorporated herein as if set forth at length. 14. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Michael W. Sheibley, were caused directly and proximately by the negligence of Defendant, Aaron Creamer, generally and, more specifically set forth below: (a) In failing to operate Defendant's vehicle on the right half of the roadway, in violation of 75 Pa. C.S.A. § 3301; (b) In failing to keep Defendant's vehicle off of the left side of the roadway, in violation of 75 Pa. C.S.A. § 3306; (c) In failing to execute a left hand turn across opposing traffic lanes without allowing adequate space for Defendant's vehicle to execute the turn so as to avoid a collision with Plaintiff's stopped vehicle; 3 (d) In failing to properly negotiate a left-hand turn and maintain a proper method of turning, in violation of 75 Fla. C.S.A. § 3331(b); (e) In driving Defendant's vehicle in careless disregard for the safety of persons and property, in violation Of '75 Pa. C.S.A. § 3714; (f) In failing to drive at a careful and prudent speed that prevented the Defendant's vehicle from coming to a stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (g) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a); (h) In failing to have sufficient control of Defendant's vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (i) In failing to operate Defendant's vehicle at a speed which was safe for existing conditions, in violation of 75 Fla. C.S.A. § 3361; (j) In failing to be reasonably vigilant to observe Plaintiff's vehicle; and (k) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714. 15. As a direct and proximate result of the negligence of the Defendant, Aaron Creamer, Plaintiff, Michael W. Sheibley, sustained severe injuries including, but not limited to, a broken sternum, a cardiac contusion, blurred vision, back pain, insomnia, pain and numbness on the left side of his body and weakness in his hands. 4 16. As a direct and proximate result of the negligence of the Defendant, Aaron Creamer, Plaintiff, Michael W. Sheibley, has been, and will in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, embarrassment and frustration. 17. As a direct and proximate result of the negligence of the Defendant, Aaron Creamer, Plaintiff, Michael W. Sheibley, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 18. As a direct and proximate result of the negligence of the Defendant, Aaron Creamer, Plaintiff, Michael W. Sheibley, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff continues to receive treatment and incur expenses of said injuries, and will most likely continue to do so in the future, to his great detriment and loss. 19. As a direct and proximate result of the negligence of the Defendant, Aaron Creamer, Plaintiff, Michael W. Sheibley, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his great detriment and loss. 20. As a direct and proximate result of the negligence of the Defendant, Aaron Creamer, Plaintiff, Michael W. Sheibley, has suffered a loss of income and will continue to suffer the same due to his physical injuries in the future, Ito his great detriment and loss. WHEREFORE, Plaintiff, Michael W. Sheibley, seeks damages from the Defendant, Aaron Creamer, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. 5 21. Paragraphs 1-20 are incorporated herein as if fully set forth at length. 22. Defendant, Clifteon Shawn Spaulding, was the co-owner of the 2002 Ford Explorer, which Defendant, Aaron Creamer, was operating with his permission at the time of the collision. 23. Defendant, Clifteon Shawn Spaulding, knew, or should have known, that Defendant, Aaron Creamer, would be operating his vehicle without reasonable care and safety. 24. As a direct and proximate result of the negligence of the Defendant, Clifteon Shawn Spaulding, the Plaintiff, Michael W. Sheibley, has suffered serious bodily injury as set forth in full herein. 25. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff were the direct and proximate result of the negligence of the Defendant, Clifteon Shawn Spaulding, in negligently entrusting his vehicle to Aaron Creamer and in allowing Aaron Creamer to operate his vehicle when he knew or should have known that Aaron Creamer was not fit and competent to operate the motor vehicle in a safe, non-negligent manner and his propensity to operate motor vehicles as set forth below: (a) In allowing Defendant, Aaron Creamer, to operate his vehicle when he knew or should have known that Defendant, Aaron Creamer, would operate his vehicle with a careless disregard for the safety of others; 6 (b) In failing to take control of his vehicle when it became apparent that Defendant, Aaron Creamer, would operate his vehicle with a careless disregard for the safety of others; and (c) In failing to realize that an automobile is a dangerous instrumentality when it is entrusted to someone he knew or should have known would use it carelessly and/or recklessly. 26. As a direct and proximate result of the negligence of the Defendant, Clifteon Shawn Spaulding, Plaintiff, Michael W. Sheibley, sustained severe injuries including, but not limited to, a broken sternum, a cardiac contusion, blurred vision, pain and numbness on the left side of his body and weakness in his hands. 27. As a direct and proximate result of the negligence of the Defendant, Clifteon Shawn Spaulding, Plaintiff, Michael W. Sheibley, has been, and will in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 28. As a direct and proximate result of the negligence of the Defendant, Clifteon Shawn Spaulding, Plaintiff, Michael W. Sheibley, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 29. As a direct and proximate result of the negligence of the Defendant, Clifteon Shawn Spaulding, Plaintiff, Michael W. Sheibley, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical 7 attention. Plaintiff continues to receive treatment and incur expenses of said injuries, and will most likely continue to do so in the future, to his great detriment and loss. 30. As a direct and proximate result of the negligence of the Defendant, Clifteon Shawn Spaulding, Plaintiff, Michael W. Sheibley, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his great detriment and loss. 31. As a direct and proximate result of the negligence of the Defendant, Clifteon Shawn Spaulding, Plaintiff, Michael W. Sheibley, has suffered a loss of income and will continue to suffer the same due to his physical injuries in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Michael W. Sheibley, seeks damages from the Defendant, Clifteon Shawn Spaulding, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. 32. Paragraphs 1-31 are incorporated herein as if fully set forth at length. 33. Defendant, Michaela R. McCarvey/Spaulding, was the co-owner of the 2002 Ford Explorer, which Defendant, Aaron Creamer, was operating with her permission at the time of the collision. 34. Defendant, Michaela R. McCarvey/Spaulding, knew, or should have known, that Defendant, Aaron Creamer, would be operating her vehicle without reasonable care and safety. 8 35. Asa direct and proximate result of the negligence of the Defendant, Michaela R. McCarvey/Spaulding, the Plaintiff, Michael W. Sheibley, has suffered serious bodily injury as set forth in full herein. 36. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff were the direct and proximate result of the negligence of the Defendant, Michaela R. McCarvey/Spaulding, in negligently entrusting her vehicle to Aaron Creamer and in allowing Aaron Creamer to operate her vehicle when she knew or should have known that Aaron Creamer was not fit and competent to operate the motor vehicle in a safe, non- negligent manner and his propensity to operate motor vehicles as set forth below: (a) In allowing Defendant, Aaron Creamer, to operate her vehicle when she knew or should have known that Defendant, Aaron Creamer, would operate her vehicle with a careless disregard for the safety of others; (b) In failing to take control of her vehicle when it became apparent that Defendant, Aaron Creamer, would operate her vehicle with a careless disregard for the safety of others; and (c) In failing to realize that an automobile is a dangerous instrumentality when it is entrusted to someone she knew or should have known would use it carelessly and/or recklessly. 37. As a direct and proximate result of the negligence of the Defendant, Michaela R. McCarvey/Spaulding, Plaintiff, Michael W. Sheibley, sustained severe injuries including, 9 but not limited to, a broken sternum, a cardiac contusion, blurred vision, pain and numbness on the left side of his body and weakness in his hands. 38. As a direct and proximate result ofthe negligence ofthe Defendant, Michaela R. McCarvey/Spaulding, Plaintiff, Michael W. Sheibley, has been, and will in the future, be hindered from performing the duties required by his usual occupation and from attending to his daily duties and chores, to his great loss, humiliation, and embarrassment. 39. As a direct and proximate result of the negligence of the Defendant, Michaela R. McCarvey/Spaulding, Plaintiff, Michael W. Sheibley, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 40. As a direct and proximate result of the negligence of the Defendant, Michaela R. McCarvey/Spaulding, Plaintiff, Michael W. Sheibley, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and medical attention. Plaintiff continues to receive treatment and incur expenses of said injuries, and will most likely continue to do so in the future, to his great detriment and loss. 41. As a direct and proximate resultof the negligence of the Defendant, Michaela R. McCarvey/Spaulding, Plaintiff, Michael W. Sheibley, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his great detriment and loss. 42. As a direct and proximate result of the negligence of the Defendant, Michaela R. McCarvey/Spaulding, Plaintiff, Michael W. Sheibley, has suffered a loss of income and 10 will continue to suffer the same due to his physical injuries in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Michael W. Sheibley, seeks damages from the Defendant, Michaela R. McCarvey/Spaulding, 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:A --- Jason C. Imler, Esquire I.D. #87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 11 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. Date. d)If 6 0 Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLER(a)HHRLAW.COM MICHAEL W. SHEIBLEY, Plaintiff V. AARON CREAMER, CLIFTEON SHAWN SPAULDING, and MICHAELA R. McCARVEY/ SPAULDING, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1747 2004 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 10" day of February, 2005, 1 hereby certify that I have served the within document upon Defendant by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: James G. Nealon, III, Esq. NEALON & GOVER 2411 N. Front Street Harrisburg, PA 17110 HANDLER, HE"ING &. ROSENBERG, LLP -tj , , to Jason C. Imler, Esquire 12 ,.? ,, ?" 1 ', l jl?%- •y ti ., /y "i Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tole: (717) 238-2000 Fax: (717) 233-3029 IMLER@HHRLAW.COM Attorney for Plaintiff MICHAEL W. SHEIBLEY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PA V. AARON CREAMER, CLIFTEON SHAWN SPAULDING, and MICHAELA McCARVEY/SPAULDING DEFENDANTS NO. 2004-SO-1747 CIVIL ACTION - LAW JURY TRIAL-DEMANDED TO: THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. C. P. 237.1, please enter judgment in favor of Plaintiff, Michael W. Sheibley, and against the Defendants, Aaron Creamer, Clifton Shawn Spalding, and Michaela McCarvey/Spaulding, as to liability, for failure to answer or otherwise plead to the Complaint in this matter within twenty (20) days after the service of the Complaint, and the undersigned certifies that a written Notice of Intention to take a default judgment was given on July 14, 2006, or more than ten (10) days before the filing of this Praecipe. A copy of said Notice is attached hereto. Respectfully Submitted, HANDLER, HENNING'& ROSENBERG By; ?? ,-tee Jason Imler, Esq. I.D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 IMLER@HHRLAW.COM Attorneyfor Plaintiff MICHAEL W. SHEIBLEY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PA V. AARON CREAMER, CLIFTEON SHAWN SPAULDING, and MICHAELA McCARVEY/SPAULDING DEFENDANTS NO.2004-SU-1679 CIVIL ACTION - LAW JURY TRIAL-DEMANDED NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: James G. Nealon III, Esq. Nealon, Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 Date of Notice: 7-/3 ._ o C IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. M 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 HANDLER, HENNING & ROSENBERG ,.- By: Jason'Imler, Esq. I.D. No. 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: :5c'rv? 1\) Nealon G16ftr F-- Pe.rruJ H0.rr?s?r-?r5, PA Hilo A. SI na ure t Agent X ? Addresse B. yRece by (Printed I C. a of li er D. Is delivery different from Item 17 ? Yes If YES, order delivery address below: 0 No 3. Service Type 0 Cemed mail 0 Express Mail 0 Registered 0 Return Receipt for Merchendis 0 Insured Mall 0 C.O.D. U *? 4. Restricted Delivery? (Extra Fee) 0 yes 2, Article Number servke kb 7004 0750 0003 4483 3602 (frenster from PS Form 3811, February 2004 Domestic Return Receipt 102595-02-m-15 Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tale: (717) 238-2000 Fax: (717) 233-3029 IMLER(fthrlaw.com Attorney for Plaintiff MICHAEL W. SHEIBLEY, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.2004-SU-1747 AARON CREAMER, CLIFTEON SHAWN SPAULDING, and : CIVIL ACTION - LAW MICHAELA McCARVEY/SPAULDING : DEFENDANTS CERTIFICATE OF SERVICE AND NOW, this 251h day of July, 2006, 1 hereby certify that I have served the within document upon counsel for Defendants, by sending a true and correct copy of the same' to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: James G. Nealon, III, Esq. Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 HANDLER, HENNING & ROSENBERG, LLP `-M rune ot- i l )dlz Maria Wells, Legal Secretary to Jason C. Imler, Esquire I 2 a a 0 f+-l S ? Jason C. Imler I.D. #87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: Imler@hhrlaw.com MICHAEL W. SHEIBLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1747 AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA : R. McCARVEY/SPAULDING Defendants CIVIL ACTION -LAW MOTION TO COMPEL DEFENDANTS' RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, Michael W. Sheibley, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esq., and hereby moves this Honorable Court to compel the Defendants, Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey/Spaulding, to file complete and responsive Answers to Plaintiffs First Set of Interrogatories. Plaintiff also requests a discovery conference as a default has been entered against Defendants and Defendants' counsel has not responded 1 % M to correspondence concerning this issue. The outcome of this issue will determine what discovery must still take place to move this action forward. In support of this motion, Plaintiff avers the following: 1. Plaintiff, Michael W. Sheibley, is an adult individual currently residing at 614 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Aaron Creamer, is an adult individual currently residing at 120 E. Dauphin Street, Enola, Cumberland County, Pennsylvania. 3. Defendant, Clifton Shawn Spaulding, is an adult individual currently residing at 12021 Skyline Road, NE, Albuquerque, New Mexico 87123. 4. Defendant, Michaela R. McCarvey/Spaulding, 12021 Skyline Road, NE, Albuquerque, New Mexico 87123. 5. On or about February 10, 2005, Plaintiff, Michael Sheibley, filed a Complaint in the Court of Common Pleas of Cumberland County alleging he sustained personal injuries on August 22, 2002, as a result of an automobile collision that occurred on Apple Drive in Mechanicsburg, Cumberland County, Pennsylvania. 6. On or about May 30, 2006, Defendants, Aaron Creamer, Clifton Spaulding, and Michaela McCarvey/Spaulding, were each served with Plaintiffs First Set of Interrogatories and Requests for Production of Documents. 7. Pursuant to Pa.R.C.P. 4006(2), the party answering Interrogatories "...shall serve a copy of the answers, and objections, if any, within 30 days after service." 8. Defendants' responses to Plaintiff First Set of Interrogatories should have been served on or before June 29, 2006. 9. On or about July 25, 2006, almost a month after the responses were due 2 % • under Pa.R.C.P. 4006(2), the Plaintiff received Defendants' response to his First Request for Production of Documents. 10. To date, Plaintiff has not received any answers to his First Set of Interrogatories from any of the named Defendants. 11. Additionally, on or about May 2, 2006, Plaintiff noticed the deposition of Defendant Creamer for May 26, 2006, and the Defendant failed to attend or provide any advance notice that he would not be in attendance. 12. Plaintiff believes, and, therefore, avers, that the information that could be gained from responses to his First Set of Interrogatories is necessary and vital in order for him to properly litigate his claim. 13. Plaintiff believes, and therefore avers, that the information that could be gained from the deposition of Defendant Creamer is necessary and vital in order for him to properly litigate this claim. 14. On or about September 21, 2006, Plaintiff's counsel sent a correspondence notifying James G. Nealon, III, Esq., Defendants' counsel, that responses to Plaintiffs First Set of Interrogatories were overdue. Additionally, Plaintiffs counsel informed Defense Counsel that the Defendants' were still in default for failure to answer the Plaintiff's Complaint, and inquired as to whether or not a petition to open the default would be forthcoming. (A copy of Plaintiffs September 21, 2006 correspondence is attached hereto as Exhibit "A"). 15. Plaintiff would like to know whether or not the Defendants plan on opening the default, so that he can determine exactly what witnesses need deposed depending on whether or not liability will be assumed, and only damages will need to be proven. 3 s 16. Consequently, Plaintiff would request a Discovery Conference so that the issues surrounding this case can be settled, responses to the outstanding discovery can be compelled, and this case can move forward in an expeditious manner. WHEREFORE, Plaintiff, Michael Sheibley, respectfully requests this Honorable Court issue an Order, compelling Defendants, Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey/Spaulding, to respond completely and fully to Plaintiff's First Set of Interrogatories and within twenty (20) days or suffer such sanctions as this Court may deem just. Additionally, Plaintiff, Michael Sheibley, respectfully requests this Honorable Court schedule a Discovery Conference so that the parties may gain an understanding of where this case is headed, in an attempt to move the case as expeditiously as possible. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: - l- D? By%' n Jason C. Imler, Esq. Attorney I.D. #87911 1300 Lingelstown Road Harrisburg, PA 17110 (717) 234-2000 Attorneys for Plaintiff 4 andler, enningfi I osenberg,«P ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg (PA, FL) Carolyn M. Anner (PA, NY, RN) Matthew S. Crosby (PA, NJ) Gregory M. Feather (PA, NJ) Stephen G. Held Jason C. Imler September 21, 2006 James G. Nealon, III, Esq. Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 MAIN OFFICE 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 1-800-422-2224 717-233-3029 (fax) LANCASTER OFFICE 717-431-4000 CARLISLE OFFICE 717-241-2244 YORK OFFICE 717-845-7800 HANOVER OFFICE 717-630-8200 www.HHRLaw.com Imler@HHRLaw.com RE: MICHAEL W. SHEIBLEY v. AARON CREAMER, CLIFTEON SHAWN SPAULDING & MICHAELA McGARVEY 2004-SU-1679 Dear Mr. Nealon: I was prepared to file and serve a response to the New Matter raised with the Answer to the Complaint that you mailed to my office on July 26, 2006. However, it has come to my attention that the Answer with New Matter that you mailed to my office was never actually docketed. When my secretary contacted the Prothonotary yesterday she was advised that the last entry on the docket was the Praecipe for Default Judgment filed on July 25, 2006. The Prothonotary indicates that no Answer has been filed in this matter and no Petition to Open Default has been filed. Upon receipt of this letter, please advise my office whether you intend to file a Petition to Open the Default. If not, we can proceed with taking only the depositions necessary to prove damages. I have identified two witnesses to the crash whose testimony I believe will eliminate any doubt as to liability but if we are not going to need to prove liability, there may not be a need for their testimony. If you do not intend on opening the default, make arrangements to obtain any expert testimony you require so that we can move this matter forward. Although I believe you have provided documents in response to our Request for Documents, I do not believe I have received your clients' Answers to the Interrogatories. Please have your clients submit responses to those Interrogatories within 30 days so that we can avoid the necessity of a discovery conference. I look forward to hearing from you. Yours truly, Jason Imler s. 3 ' MICHAEL W. SHEIBLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 04-1747 AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHELA R. MCCARVEYISPAULDING, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 8th day of December, 2006, 1 hereby certify that I have served the within document upon Counsel for Defendants, by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U. S. Mail. James G. Nealon, III, Esq. Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 HANDLER, HENNING & ROSENBERG, LLP 4 n1 Cjry-Q?- w_? Maria Wells, Legal Secretary to Jason C. Imler, Esquire C' c: a =h ca 4"? MICHAEL W. SHEIBLEY PLAINTIFF V. AARON CREAMER, CLIFTON SHAWN SPAULDING, AND MICHAELA R. MCCARVEY/SPAULDING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1747 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 201" day of December, 2006, upon consideration of Plaintiff's Motion to Compel Answers to Plaintiff's First Set of Interrogatories, and schedule a Discovery Conference, IT IS HEREBY ORDERED AND DIRECTED that Defendants, Aaron Creamer, Clifton Shawn Spaulding and Michaela R. McCarvey/Spaulding, shall answer Plaintiff's First Set of Interrogatories by January 9, 2007. IT IS FURTHER ORDERED AND DIRECTED that a Discovery Conference will be held in Chambers of Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania on Tuesday, January 23, 2007 at 8:15 a.m. By the Court, /Jason C. Imler, Esquire Attorney for Plaintiff /James G. Nealon, III, Esquire Attorney for Defendants bas - 1* A,- ??4 M. L. Ebert, Jr., J. n? S 10 V ? ,. r 1 ??. i? I .. ._ MICHAEL W. SHEIBLEY PLAINTIFF V. AARON CREAMER, CLIFTON SHAWN SPAULDING, AND MICHAELA R. MCCARVEY/SPAULDING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1747 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 29th day of January, 2007, IT IS HEREBY ORDERED AND DIRECTED that if any of the Defendants seek to Open the Default Judgment entered on July 25, 2006, that a Petition to Open the Default Judgment must be filed within 30 days of the date of this Order. If any of the Defendants Petition the Court to Open the Default Judgment within 30 days of the date of this Order, that Petition will be decided on its merits. However, if none of the Defendants petition the Court to Open the Default Judgment within 30 days of the date of this Order, said failure to file a Petition will be indicative of Defendants' desire to proceed without opening the Default Judgment and no Petition filed thereafter will be considered. By the Court, /on C. Imler, Esquire bas J -?, ??A ? Attorney for Plaintiff Xmes G. Nealon, III, Esquire Attorney for Defendant N M. L. Ebert, Jr., '0 J. O?% 1 f 1?` 1 ? ? ;"i? .i?J Z ? ?'.? J per' .??? ?` 3 ? J ????I?,J?';,? 1, ??.??j??? ???" James G. Nealon, III, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 jnealon@ngplawfirm.com Michael W. Sheibley, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. Aaron Creamer, Clifteon Shawn Spaulding, and Michaela R. McCarvey/Spaulding, Defendants No.: 04-1747 CIVIL ACTION -LAW JURY TRIAL DEMANDED MOTION TO WITHDRAW TO THE HONORABLE JUDGE EBERT: 1. This action was commenced by the Plaintiff, Michael W. Sheibley, via Writ of Summons on April 22, 2004. 2. On January 21, 2005 a Praecipe for Entry of Appearance was filed by James G. Nealon, III, Esquire on behalf of the Defendants Aaron Creamer, Clifteon Shawn Spaulding and Michaela R. McCarvey/Spaulding. 3. A Praecipe for Rule to File Complaint was also filed on January 21, 2005. 4. A Complaint was filed by the Plaintiff on February 10, 2005. 5. In order to file the appropriate Answer to Complaint and complete discovery, the undersigned counsel contacted the respective Defendants. 6. Defendants Clifteon and Michaela Spaulding were compliant and returned the appropriate documentation and discovery responses to the undersigned counsel. 7. After numerous correspondence and telephone calls to Defendant Creamer at various addresses and telephone numbers, the undersigned counsel did not receive any return contact from the Defendant. 8. A Praecipe to Enter Judgment by Default was filed by the Plaintiff on July 25, 2006. 9. On or about December 11, 2006, the Plaintiff filed a Motion to Compel and a conference was held before Your Honor on January 23, 2007. 10. At the aforementioned conference, counsel for the Defendants informed both opposing counsel and Your Honor that the undersigned counsel wished to withdraw his appearance as this case is being transferred to another office for handling. 11. Your Honor requested that the undersigned counsel file a Motion to Withdraw and attempt again to contact Defendant Creamer. 12. The undersigned counsel was contacted by counsel for the Plaintiff, Jason C. Imler, Esquire, who employed the services of a private investigator and located Defendant Creamer. 13. On February 16, 2007, Defendant Creamer was contacted by the undersigned counsel's office and informed that his cooperation was required. Defendant Creamer agreed to cooperate fully and keep counsel advised of his whereabouts. 14. This case will be transferred to Attorney Lou Schmitt of McIntyre, Hartye and Schmitt, P.O. Box 533, Hollidaysburg, PA 16648, telephone number (814) 696-3581. 15. Attorney Schmitt has spoken at length with the undersigned counsel and is prepared to enter his appearance on behalf of the Defendants. WHEREFORE, the undersigned counsel, James G. Nealon, III, Esquire, respectfully requests that this Honorable Court grant the foregoing Motion to Withdraw. Respectfully submitted, Date: 3 /H/16-7 NEALON, WRRYVERRRY By: James G. Nealon, III, Esquire I. D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 ? T CERTIFICATE OF SERVICE AND NOW, this day of March, 2007, 1 hereby certify that I have served the foregoing Motion to Withdraw on the following by depositing a true and correct copy of the same in the United States mail, postage prepaid, addressed to: Jason C. Imler, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 James G. Nealon, III Q n i C ) r \w ;F V* MAR S S 2007 pY James G. Nealon, III, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 jnealon@ngplawrirm.com Michael W. Sheibley, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 04-1747 Aaron Creamer, Clifteon Shawn Spaulding, and CIVIL ACTION - LAW Michaela R. McCarvey/Spaulding, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this h day of NN o,rc)N , 2007, upon consideration of the foregoing Motion to Withdraw, it is hereby ORDERED and DECREED that the Motion is GRANTED and counsel for the Defendants, James G. Nealon, III, Esquire, is permitted to file a Praecipe to Withdraw and accordingly withdraw his appearance. By the Court: Nealon, III, Esquire, 2411 North Front Street, Harrisburg, PA 17110 mler, Esquire, HANDLER, HENNING & ROSENBERG, LLP, 1300 Linglestown Road, Harrisburg, PA 17110 6 S • I Wd 8Z NVW LODZ ll? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. : NO. 04-1747 2004 ISSUE: Praecipe for Appearance Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED I hereby certify that a true and correct copy of the within was mailed to all counsel of record this 13th day of April, 2007. ttorney for Defendants r 140 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Enter my Appearance on behalf of defendants, AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING. Papers may be served at the address set forth below. for Defendants McINTYRE, HARTYE & SCHMITT Louis C. Schmitt, Jr., Esquire PA I. D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 PH: (814) 696-3581 FAX: (814) 696-9399 Date: April 13, 2007 p O n "0 co $ rnEt S" C:? W p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. : NO. 04-1747 2004 ISSUE: NOTICE OF SERVICE OF SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS DATED 4/27/07 I hereby certify that a true and correct copy of the within was mailed to all counsel of record this 27"' day of April, 2007. Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING JURY TRIAL DEMANDED Attorney for Defendants A. ."446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. JURY TRIAL DEMANDED NOTICE OF SERVICE OF SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF - DATED 4/27/07 TO: PROTHONOTARY You are hereby notified that on the 27TH day of April, 2007, Defendants, served Supplemental Request for Production of Documents Directed to Plaintiff - Dated 4/27/07, by mailing the original of same via First Class U.S. Mail, postage prepaid, addressed to the following: Jason C. Imler, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 McINTYRE, HARTYE & SCHMITT 0 s-joak" Attorney for Defendants, Louis C. Schmitt, Esquire PA I.D. No. 52459 P. O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 r?a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, Plaintiff, vs. NO. 04-1747 2004 ISSUE: Motion to Compel AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. d correct I hereb ify that a true aepy-of the within was prailed to all ahl counsel of reco 3RD day of August, 20,7 Attorney for Defendants Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 ;,- Aclntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 : JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants JURY TRIAL DEMANDED RULE RETURNABLE AND NOW, this day of , 2007, a Rule is hereby granted to show cause why the Motion to Compel Discovery Responses on behalf of Defendants, Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey-Spaulding, should not be granted. This Rule is returnable on the day of , 2007, at a.m. in Court Room No. of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 BY THE COURT: J. DISTRIBUTION: Jason C. Imler, Esquire, HANDLER, HENNING & ROSENBERG, LLP, 1300 Linglestown Road, Harrisburg, PA 17110 (Plaintiffs counsel) Louis C. Schmitt, Jr., Esquire, McINTYRE, HARTYE & SCHMITT, P.O. Box 533, Hollidaysburg, PA 16648 (Defendants' counsel) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747 2004 Plaintiff, Vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. JURY TRIAL DEMANDED PROPOSED ORDER AND NOW, this day of , 2007, upon consideration of the Motion to Compel filed on behalf of defendants Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey-Spaulding, and any response thereto, it is hereby ORDERED, ADJUDGED, AND DECREED as follows: 1. That the Motion to Compel is granted; 2. That the plaintiff shall within thirty (30) days produce all documents sought by way of defendants' Supplemental Request for Production of Documents Nos. 13, 14, 15, 16, and 17. BY THE COURT: J. DISTRIBUTION.: Jason C. Imler, Esquire, HANDLER, HENNING & ROSENBERG, LLP, 1300 Linglestown Road, Harrisburg, PA 17110 (Plaintiffs counsel) Louis C. Schmitt, Jr., Esquire, McINTYRE, HARTYE & SCHMITT, P.O. Box 533, Hollidaysburg, PA 16648 (Defendants' counsel) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. : JURY TRIAL DEMANDED MOTION TO COMPEL AND NOW, come defendants Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey-Spaulding, by and through their attorneys, McIntyre, Hartye & Schmitt, and respectfully request that this Honorable Court order the plaintiff to within thirty (30) days produce all documents sought by way of defendants' Supplemental Request for Production of Documents Nos. 13, 14, 15, 16, and 17, saying as follows: 1. This lawsuit arises out of a motor vehicle accident that occurred on or about August 22, 2002 at approximately 6:12 p.m. on Apple Drive in Mechanicsburg Borough, Cumberland County, Pennsylvania, at the intersection with East Simpson Street. Plaintiff's Complaint alleges that at that time and place, defendant Aaron Creamer operated his motor vehicle in an attempt to negotiate a left turn onto Apple Drive, crossed over the double yellow line, and collided with the plaintiff's stopped vehicle, resulting in certain personal injuries to the plaintiff. 2. On October 27, 2007, the defendants served a Supplemental Request for Production of Documents upon the plaintiff. 3. Request Nos. 13 and 14 of defendants' Supplemental Request for Production of Documents seek the production of all psychological/psychiatric/emotional counseling records of the plaintiff both prior to and subsequent to the August 22, 2002 motor vehicle accident. 4. Request Nos. 15 and 16 of defendants' Supplemental Request for Production of Documents seek the production of any and all records or reports pertaining to any drug treatment/detoxifications/counseling of the plaintiff both prior to and subsequent to the August 22, 2002 motor vehicle accident. 5. Request No. 17 of defendants' Supplemental Request for Production of Documents seeks all of plaintiffs hospital records relating to any hospitalization of the plaintiff prior to August 22, 2002. 6. The plaintiff has refused to produce any of the records sought by way of Request Nos. 13, 14, 15, 16, and 17 of defendants' Supplemental Request for Production of Documents. (See defendants' Supplemental Request for Production of Documents, attached hereto as Exhibit "A"). 7. On February 5, 2004, the plaintiff underwent an evaluation, not at the request of the defense, by licensed psychologist Michael E. Schatman, Ph.D. (See copy of Dr. Schatman's February 5, 2004 report attached hereto as Exhibit °B"). At page 2 of this report, Dr. Schatman notes that the plaintiff "reportedly used heroin intravenously for one year, and utilized LSD on a daily basis for one to two years. He also reportedly abused methamphetamine .... Currently, he reportedly smokes marijuana on a daily basis." At page 3 of his report, he notes that it is difficult for him to determine "whether [the plaintiff's] chronic pain has any pathophysiological basis or purely represents a somatic delusional process." 8. Due to the opinion of the plaintiffs own treating psychologist that his pain complaints may very well be due to a psychological or psychiatric condition, the plaintiff's psychological and psychiatric records sought by way of defendants' Supplemental Request for Production of Documents Nos. 13 and 14 are discoverable. 9. It is clear from Dr. Shatman's February 5, 2004, that the plaintiff has a long-standing history of illicit drug use and/or abuse. The use of drugs is relevant in a civil case and admissible at trial because of the recognized impact of drug use on an injured party's life expectancy. Minnesota Fire and Cas. Co. v. Greenfield, 805 A.2d 622, 628 - 629 (Pa. Super. 2002). Accordingly, the documents sought by way of defendants' Supplemental Request for Productions Documents Nos. 15 and 16 are discoverable. 10. Finally, Request No. 17 of defendants' Supplemental Request for Production of Documents ask for all hospital records from any hospitalization of the plaintiff prior to the August 22, 2002 motor vehicle accident. This request is calculated to lead to the discovery of admissible evidence at the time of trial, namely, prior psychiatric and/or drug-related hospitalizations, and possible suicide attempts, all of which have a bearing not only on the plaintiffs potential current physical complaints, but also his life expectancy, and are discoverable. 11. By way of a compromise, defense counsel indicated a willingness to directly subpoena the records sought by way of Supplemental Request Nos. 13, 14, 15, 16 and 17, provided the plaintiff provide the names and addresses of the treaters. However, plaintiffs counsel has refused to provide that information. WHEREFORE, defendants Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey-Spaulding respectfully requests that this Honorable Court order the plaintiff to within thirty (30) days produce all documents sought by way of Supplemental Request for Production of Documents Nos. 13, 14, 15, 16, and 17. Respectfully submittett, McINTYF3J? -F R & SCHMITT LOUIS C. SCHMITT, JR., ESQUIRE PA ID. No. 52459 P. O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 (814) 696-9399 - FAX EXH?gIT A' Jason C. Imler, Esquire Attorney I.D. No. 87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2900 Fax: (717) 233-3029 IMLER(15-1-11-IRLAW.COM MICHAEL W. SHEIBLEY, PLAINTIFF Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO. 2004-SU-1679 AARON CREAMER, CLIFTEON SHAWN SPAULDING, and CIVIL ACTION - LAW MICHAELA R. McCARVEY/SPAULDING: DEFENDANTS JURY TRIAL-DEMANDED PLAINTIFF'S ANSWERS TO DEFENDANT'S SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO: Louis C. Schmitt, Jr., Esq. P.O. Box 533 Hollidaysburg, PA 16648 AND NOW COMES the Plaintiff, Michael W. Sheibley, by and through his attorneys, Handler, Henning & Rosenberg, and responds to the Defendant's Supplemental Request for Production of Documents. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Jason C. Imler, Esq. ID# 87911 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff All reports, documents, memoranda or statements prepared by any investigator, representative, employee, servant or agent who has investigated any matters relating to Plaintiff's Complaint, excluding opinions respecting the value or merit of the claim, or respecting strategy or tactics, and further excluding any matters which are protected by the attorney-client privilege and/or work product doctrine. Answer: See police report, recorded statements of Harry Poff, III, and recorded statement of Mike Fishel. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 2. Any photos and/or videotapes obtained by Plaintiff, his representatives, attorneys, investigators, or others acting on Plaintiffs behalf that relate to the accident of August 22, 2002. Answer: See photos of accident scene. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 3. Plaintiffs income tax returns, local, state, and federal, for the years 2004, 2005 and 2006. Answer: See attached tax returns. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 4. Any and all diaries, journals or other writings authored, kept or prepared by the Plaintiff with regard to the accident of August 22, 2002, and/or any events, circumstances, and/or developments, whether medical, personal, psychological, emotional, or otherwise, subsequent to the occurrence of that accident. Answer: N/A. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 5. All pre-existing medical records, charts, office notes and/or reports from any health care provider relating in any way to treatment or professional medical services sought by or rendered to Plaintiff prior to the August 22, 2002 accident, for any medical conditions, injuries, illnesses, or complaints allegedly sustained or aggravated by the August 22, 2002 motor vehicle accident. Answer: N/A Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 6. All correspondence between Plaintiff's counsel and any and all health care providers subsequent to August 22, 2002. Answer: See copies of all medical record and billing requests. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 7. Any medical fee statements, bills, or correspondence which relate to the payment, acceptance of full payment or forgiveness of medical expenses which are being claimed as special damages. Answer: See medical billing information, first party payout. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 8. Please produce any and all automobile insurance policies applicable to any motor vehicles owned and/or operated by you on August 22, 2002, along with any and all automobile policies insuring you or anyone else you resided with on that date. Answer: See declarations page. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 9. Any and all documentation, including, but not limited, to Form 5500, with regard to any program or policy or insurance which the Plaintiff contends gives rise to a recoverable lien in this matter, if any. Answer: At this time no health plan has asserted a lien. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 10. Please produce all of Plaintiffs family physician records prior to August 22, 2002. Answer: Plaintiff did not maintain a relationship with a general family practice. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 11. Please produce all of Plaintiff's family physician records subsequent to August 22, 2002. Answer: See all medical record and billing information. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 12. Please produce all medical records, charts, office notes and reports subsequent to August 24, 2005 relating to the injuries and/or damages allegedly sustained by the Plaintiff as a result of the August 22, 2002 motor vehicle accident. Answer: See all medical record and billing information. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. 13. Please produce all psychological/psychiatric/emotional counseling records of Plaintiff prior to August 22, 2002. Answer: Objection. Plaintiff is not claiming any emotional distress as mental anguish beyond what commonly accompanies physical injuries. Plaintiff is not seeking damages arising out of an independent psychological injury and therefore any mental health records are not discoverable. See Mikulas v Bundette, 67 Pa. D. &C. 4th 379 (Pa. Com. PI. 2004); Fetterhoff v Zalezak, 34 Pa. D. & C. 4th 67 (Pa. Com. PI. 1996); Topper v Shatzler, 54 Pa. D. & C. 4th 554 (Pa. Com. PI. 2001). Not withstanding the objection, Plaintiff is not in possession any records of treatment specifically for psychological/psychiatric/ emotional counseling. 14. Please produce all psychological/psychiatric/emotional counseling records of Plaintiff subsequent to August 22, 2002. Answer: Objection. Plaintiff is not claiming any emotional distress as mental anguish beyond what commonly accompanies physical injuries. Plaintiff is not seeking damages arising out of an independent psychological injury and therefore any mental health records are not discoverable. See Mikulas v Bundette, 67 Pa. D. &C. 4th 379 (Pa. Com. PI. 2004); Fetterhoff v Zalezak, 34 Pa. D. & C. 4th 67 (Pa. Com. PI. 1996); Topper v Shatzler, 54 Pa. D. & C. 4th 554 (Pa. Com. PI. 2001). Not withstanding the objection, Plaintiff is not in possession any records of treatment specifically for psychological/psychiatric/ emotional counseling. 15. Any and all records and reports pertaining to any drug treatment/detoxification/ counseling of Plaintiff prior to August 22, 2002. Answer: Objection. Plaintiff objects to this request in that it requests information not relevant to the case and not reasonably calculated to lead to the discovery of admissible evidence. Not withstanding this objection, Plaintiff is not in possession of any drug treatment records. Furthermore, Plaintiff does not believe any records of this nature exist. 16. Any and all records and reports pertaining to any drug treatment/detoxification/ counseling of Plaintiff subsequent to August 22, 2002. Answer: Objection. Plaintiff objects to this request in that it requests information not relevant to the case and not reasonably calculated to lead to the discovery of admissible evidence. Not withstanding this objection, Plaintiff is not in possession of any drug treatment records. Furthermore, Plaintiff does not believe any records of this nature exist. 17. Any and all hospital records relating to any hospitalization of the Plaintiff prior to August 22, 2002. Answer: Plaintiffs counsel did not request these records, and Plaintiff is not in possession of records. Plaintiff reserves the right to supplement the response to this Interrogatory in accordance with the Pennsylvania Rules of Civil Procedure. EXH?B?T ?B? 3 Landis 2501 N. 3rd St. Harrisburg, PA 17110 717 782-6858 717 782-6859 Fax 4? PI NNACLEHEALTH Rehab Options February 5, 2004 Dr. Stuart Hartman _ , 2501 N. Third St., 3 Landis Harrisburg, PA 17110 x RE: Michael Sheibley BEHAVIORAL MEDICINE EVALUATION Dear Doctor Hartman: I evaluated Mr. Michael Sheibley in my office at Rehab Options on February 5, 2004 in order to determine the role of emotional and behavioral factors which may be contributing to the maintenance of his longstanding musculoskeletal pain. Mr. Sheibley is a 40-year old, separated, white male who was involved in a motor vehicle accident in August of 2002, subsequent to which he has complained of neck and shoulder pain along with left hand numbness, as well as low back and left !ower extremity pain. Following the accident, the patient was taken to an emergency room and then to an urgent care facility, and was reportedly diagnosed with a cardiac contusion and a fractured sternum. You initially evaluated Mr. Sheibley in October of 2002, at which time you diagnosed him with cervicothoracic and lumbosacral strains, a possible leftcervical radiculopathy, a carpel tunnel syndrome and tardy ulnar palsy, low back pain with some possible radicular symptoms, a sternum fracture and a cardiac contusion. Electrodiagnostic testing of the left upper extremity was within normal limits. The patient has more recently been diagnosed with myofascial pain. He evidently received little treatment for his pain condition during the 15 months which followed your initial evaluation of him. My understanding is that he recently sought treatment from your practice again. Given the persistence of his pain complaints and problems with dysfunction, Mr. Sheibley has been referred to Rehab Options, for which he is currently undergoing an evaluation for possible admission. I provided the patient with a Pain Assessment Inventory, a Minnesota Multiphasic Personality Inventory-2 and a detailed clinical interview. Additionally, he was provided with a computer-assisted multichanneled psychophys io logical evaluation by our biofeedback therapist, Douglas Brown, BS, BCIAC. Throughout the evaluation process, the patient was generally pleasant and cooperative.. However, he was also noted to be extremely grandiose and frequently tangential during the clinical interview. Mr. Sheibley is originally from central Pennsylvania, reportedly lived in Germany for five years, and has been dwelling in central Pennsylvania again since 1993. He reportedly came from an intact home, denying any history of physical, sexual or family substance abuse or addictive disease. However, he reported that his father was extremely BEHAVIORAL MEDICINE EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 2 judgmental, and that his childhood was accordingly a difficult one. The patient's father passed away six months ago, while his mother continues to dwell in central Pennsylvania. According to Mr. Sheibley, he maintains only infrequent contact with his mother, as their relationship is not a particularly close one. The patient has been married on three occasions, with the first two unions ending in divorce. He was married to his third and current wife for five years, although they have been separated for the past two years. The patient currently dwells alone, and is reportedly quite withdrawn socially. Mr. Sheibley reportedly has a 14-year old son dwelling in Germany with an ex- wife, stating that he sees him each summer. Overall, it is apparent that this patient's social support network is an extremely limited one. This is likely the result of what appears to be a schizoid personality adjustment. The patient is a high school graduate and was reportedly trained in violin making by an ex-father-in-law in Germany. He has been employed as a violin maker for the past 15 years, reportedly winning United States and world championships in competitions for violin making in the mid-1990's. He also has been self-employed as a microphotographer for the past five years. The patient stated that he has employees working for him in both of these trades, although now performs little of the actual physical work himself due to his problems with pain. Mr. Shelbley denied involvement in any litigation relating to his motor vehicle accident. I have no reason to believe that any secondary gain issues relating to his disability are adversely impacting his overall recovery. In addition to the aforementioned problems with chronic pain, the patient's medical history is positive for Bell's palsy, reported hepatitis A, B, C at the age of 19 (although he stated that he does not test positively for any of these strains currently) and a period of serious drug abuse approximately 20 years ago. He reportedly used heroin intravenously for one year, and utilized LSD on a daily basis for one to two years. He also reportedly abused methamphetamine. The patient denied any history of drug treatment. Currently, he reportedly smokes marijuana on a daily basis. The patient was working with a psychologist on a weekly basis last year for approximately nine months in order to deal with "family losses" and his chronic pain. He also stated that he spent eight consecutive days with a "government psychiatrist" following the death of a friend who "was involved in espionage." Mr. Sheibley was vague regarding any additional psychiatric history. For the management of his physical discomfort, the patient currently reportedly relies only upon occasional Ibuprofen. The patient stated that he smokes two packs of cigarettes q day, having smoked for most of his adult life. The patient stated that he drinks infrequently, although when he does so, he reaches the point of intoxication. Mr. Sheibley reportedly has been intoxicated on approximately 10 occasions over the past year. Any pain-contingent utilization of alcohol was denied. The patient reportedly consumes an average of six cups of coffee q day, stating that he drank coffee considerably more heavily in the past. Given his reported history of drug abuse and daily utilization of marijuana, it is evident that Mr. Sheibley presents as an extremely addictive personality. Accordingly, I would stronaiv recommend against the prescription of any narcotic analgesics or benzodiazepines. r BEHAVIORAL MEDICINE EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 3 Test findings should be briefly summarized. Pain Assessment Inventory data are indicative of a tendency toward symptom amplification, mild levels of kinesophobia as measured by the Tampa Scale-Revised and perceived disability in excess of that which can be expected given the patient's actual physical status. These findings, however, should not necessarily be considered as indicative of a conscious process of exaggeration of symptoms. Pain Assessment Inventory data are also indicative of moderate levels of anxiety as measured by the Beck Anxiety Inventory. MMPI-2 validity data suggest that the patient is either experiencing pronounced emotional discomfort with which he would appreciate assistance in dealing, or is evidencing pronounced psychopathology regarding which is not particularly guarded. Within the context of the evaluation, it is likely that the latter is true. MMPI-2 clinical scale data suggest that the patient is likely to be described as shy, withdrawn and evidencing flat affect. Symptoms among individuals with similar profiles may include a confusion, poor memory and concentration, delusions and hallucinations. The delusions which patients with similar profiles experience are often of the somatic variety. These patients often present with histories of physical aggression following periods of drinking or drug abuse. Social histories may include periods of reasonable vocational adjustment, although inefficiency and fatigue preceding psychotic reactions are likely to lead to marked decreases in ability to function. Finally, results of a biofeedback evaluation indicate that Mr. Sheibley is experiencing severe levels of psychophysiological reactivity to stress, particularly as measured by thermal and electrodermographic readings. Muscle recovery was also noted to be poor. Based upon the results of my evaluation, it is very evident that Mr. Sheibley presents with a thought disorder, and is likely to meet the diagnostic criteria for schizophrenia. It is difficult to determine whether his chronic pain has any pathophysiological basis or purely represents a somatic delusional process., It is certainly quite possible that he is experiencing physically-based pain, with exacerbated discomfort experienced due to a delusional process. Mr. Sheibley clearly does not present as an appropriate candidate for admission to Rehab Options. My very obvious recommendation at this time would be a psychiatric consultation. However, my suspicion is that this patient's disordered thought is "ego-syntonic" and that Mr. Sheibley would reject any recommendation for a psychiatric consultation. However, I recommend that you strongly urge him to undergo such an assessment. If I can provide you with any additional information regarding my evaluation and recommendations for treatment of this most interesting and challenging patient, please do not hesitate to contact me. As always, I appreciate your consideration in allowing me to participate in the rehabilitation of your more interesting and challenging patients. Respectfully, Michael E. Schatman, Ph.D., DAAPM Licensed Psychologist Rehab Options Is VOCATIONAL EVALUATION Patient: ' ?(M W L% 66L11- Date of Evaluation: 1 REASON FOR REFERRAL: To determine the nature and degree of vocationally significant functional limitations and to develop a plan for a successful return to work. Employment Status: Employer: .--L1'yjrl ?1`?,?• ? 1 VI0?,? Job Title: ` w-kv- Last Day of Work: Length of Employment: 1.?Y-5 : tmt Earnings: U_htr)?CA)n Financial Concerns: k?Gry\-L Current Status: Patient's Goal: ia- b 1 k,,v . t, •c.'v? Subjective Limitations: W. -?'as a e o identify difficulty with the following job related activities: JAI E ucation I Back ound: " Other Vocational Skills: Isfacles too Wkco,?? Recommendations and Plans: G i, c u 1?? han Ra ` de-n u h, CRC 11 1 } BIOFEEDBACK SESSION Name: e=?;? &4d Date ZJS2O?Y Time )6,0 # ys - of Session: SUEZ iOrientation ar e-education Aquatics Relaxation ice Conditions: R Temperature t Lighting: bright or ' med Patient position in traight chair, stool, other re li trument Used: Myo 2 lined er: _ dality: HR PNG EEG S L EM BSR OTHERS a Interval: 30 seconds een Size: Full 2 , N/A ':rument Settings: Ban width. an- wide, smoothing - Y No u to steps no: o Voice Polarity Range Channel Tone C idala: Polarity Range . Animation Style and Type of Sensors: Ag/Ag chloride electrodes - Left/Ri forearm extensors, hands, arms, , Myotrac 2 parameters headache evaluation, low back upper traps, wrist to wrist. Are placements 1. Avg / actual bilateral YeA% Other 2. Peak / actual placed on right an digit 3. Threshold / actual hermistor) place on Vrff' _> igit rig t hand sally 4. Bargraph on/ off placed on 1St and 3`d digits of right a 5. Sound on / off abdominal / thoracic sensors used 6. Ratio placement - monopolar, Cz or Bipolar with 7. Work / rest B. Stim / control :ive Information: Patient state hie sheis feeling Medications: A" p_ ^4201 t Duration: 30 45 60 minut Activities: Breathwork Muscle Recovery Muscle relaxation Pacing Demo Muscle Control BSR ?EVM '055 o Resonance Stress profile challenge SCL training Neuromuscular Re-education Movement, Balance, Coordination, Kinesthetic, Posture, Proprioception Sensitivity reduction Increased blood flow or Temperature training Respiratory Sinus Arrhythrni EEG-Training Type ALPHA Alpha/Theta SMR Heart Rate Training Other as;sWTeyrt(provisigws/literature for reading and instructions: Wgia Brown, BS, BC pfee ack Therapist lines ical Suber 'sors I'll 1 Physiological Stress Profile Date: Dear Doctor: !TMK, /Mh A2 Patient: /Y11 Le ae-.mli The following is a review of the results that were recorded in my office using a multi modal approach that evidenced physiological reactivity. The modalities monitored were as follows: One channel of sEMG attached to the upper trapezius muscles ambilaterally; one channel of SCL (skin conductance) attached to the Left hand on the 1st and 3`d digit's; one channel of TEMP (peripheral blood flow) attached to the 4th digit dorsally on the Left hand, and one channel of PPG (heart rate) attached to the 2"d digit of the Left hand. Each segment of the evaluation covered responses that included Resting, Relaxing with eyes closed, Respiration, Perception, Cognitive tasking, and a Physical stressor. The results are listed in the order in which they were recorded. Resting with eyes closed: The response indicated suggests that this patient IS S NO bl to r .lax. The EMG r spons should decrease w' h eyes c osed. ,of 'Respirations (3 breaths): First breath in microvolts econd breath in microvolts, Third breath in microvoltsSf?_. This level is normally at 4 microvolts. If this is substantially above 4 microvolts, then it is likely that the individual is breathing in a controlled way that is uncharacteristic of diaphragmatic mechanics.-,This irydividual's characteristics seem to i i icate: ,/, .Perception: Stroop Color Test Cognitive: Stress talk, H-words and math or counting Physical: (Ice Pack) Breathing was > Stress reactivity is: Hi Patient was able to coml ete Concentration appeared difficult. Resgosses most sigpificantly ree Sensitivity noted: 1'/ Was able to tolerate for full min had to be removed after seem?S,fs i? dicate ,?.?J / II?!L1?S ediu Low difficult . Yes Yes No !4t-vp No If no, then the ice l If sensitive W .9s noted The profile results are attached with the notes and hard copy. Clinician performing PSP: ;his a ryl a @MmRm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, NO. 04-1747 2004 Plaintiff, vs. ISSUE: PRAECIPE FOR LISTING CASE FOR ARGUMENT AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED I hereby certify that a t d correct copy of the within s m ed to all counsel of rd this 3 day of 2007. rney fof Defendants A' % PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------------------------------------------------------------------------------------------- CAPTION OF CASE: (entire caption must be stated in full) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747, 2004 TERM Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. : JURY TRIAL DEMANDED 1. State matter to be argued (i.e. plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion to Compel 2. Identify counsel who will argue cases: (a) for plaintiff: Jason C. Imler, Esquire, Handier, Henning & Rosenberg, LLP, 1300 Linglestown Road, Harrisburg, PA 17110 717/238-2000 (b) for defendant: Louis C. Schmitt, Jr., Esquire, McIntyre, Hartye & Schmitt, P.O. Box 533, Hollidaysburg, PA 16648 814/696-3581 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Louis C mi Jr., Esquire PA I. D N . 5245 PO B 33 Hollidaysburg, PA 16648 (814) 696-3581 Date: August 3, 2007 Attorney for Defendant C"} T"+3 I # I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, : NO. 04-1747 2004 ISSUE: AMENDMENT TO MOTION TO COMPEL Defendants. I hereby certify that a true and correct copy of the within was mailed to all counsel of record this 13TH day of August, 2007. r-xm"?- (f )-i4 A rney for Defendants Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. JURY TRIAL DEMANDED AMENDMENT TO MOTION TO COMPEL AND NOW, come defendants Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey-Spaulding, by and through their attorneys, McIntyre, Hartye & Schmitt, and file the following Amendment to their previously filed Motion to Compel, saying as follows: That no Judge in this matter has ruled upon any other issue relating to the defendants' discovery requests directed to the plaintiff in this matter. However, the Honorable Judge Ebert on March 28, 2007 granted prior defense counsel's Motion to Withdraw. Respectfully submitted, McINT RE, HA?RTYE & SCHM orney for Defendants LOUIS C. SCHMITT, JR., ESQUIRE PA ID. No. 52459 P. O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 (814) 696-9399 - FAX V 1. -24 MICHAEL W. SHEIBLEY PLAINTIFF V. AARON CREAMER, CLIFTON SHAWN SPAULDING, AND MICHAELA R. MCCARVEY/SPAULDING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1747 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 20th day of August, 2007, upon consideration of the Motion to Compel that is pending before this Court, IT IS HEREBY ORDERED AND DIRECTED that a status conference shall be held on Thursday, October 4, 2007, at 3:00 p.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, . Vw, I, ". ?' M. L. Ebert, Jr., J. Jason C. Imler, Esquire Attorney for Plaintiff Louis C. Schmitt, Jr., Esquire Attorney for Defendants 0 bas 30 - E fl,, 0 Z "n HE "'HI JO OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square - Carlisle, PA 17013 Taryn N. Dixon Court Administrator Phone (717) 240-6200 (717) 697-0371 (717) 532-7286 (717) 240-6460 FAX Melissa H. Calvanelli Assistant Court Administrator Louis C. Schmitt, Jr., Esq. P.O. Box 533 Hollidaysburg, PA 52459 VIA FACSIMILE ONLY:(814) 696-9399 August 7, 2007 RE: Failure to Comply with Cumberland County Local Rule 208.3(a) Mot to Compel Discover Responses (04-1747 - Sheibley v. Creamer) Dear Mr. Schmitt: Please note that due to your failure to comply with Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonotary's Office. If after two notices no amendment has been filed, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rule 208.3(a). Motions. ?'(2) The motion shall state whether or not a Judge has ruled upon any other issue in the same or related matter, and, if so, shall speck the judge and the issue. (9) A11 motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief Please note that you do not need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to the original motion. Please feel free to contact me if you have any questions or concerns regarding this matter. Sincerely, Melissa H. Calvanelli Assistant Court Administrator TRANSMISSION VERIFICATION REPORT TIME : 08/07/2007 02:00 NAME FAX TEL SER.# BROD6J462119 DATE,TIME 08/07 01:59 FAX NO./NAME 918146969399 N :00:33 PAGES) 0 RESULT OK MODE STANDARD ECM Taryn N. Dixon Court Administrator OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square - Carlisle, PA 17013 Phone (717) 240-6200 (717} 697-0371 (717) 532-7286 (717) 240-6460 FAX FAX TRANSMISSION SHEET r - TO: DA'R'E: FAX : Melissa H. Calvanelli Assistant Court Administrator Qom ---, - 4 CONFIRMATION PHONE (717) 240-6200 c., _ , 1 ran , - , ?1L? ?? .TTQ- N OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square - Carlisle, PA 17013 Taryn N. Dixon Phone Court Administrator (717) 240-6200 (717) 697-0371 (717) 532-7286 (717) 240-6460 FAX FAX TRANSMISSION SHEET TO: !?? \(\ 11A?' ?? (- I , Es ? I Melissa H. Calvanelli Assistant Court Administrator DATE: \ ?? l V FAX: y? -R39 CONFIRMATION PHONE #: (717) 240-6200 RE: FROM: FAX: (717) 240-6460 v OL? -?' ? --Icfl NUMBER OF PAGES (INCLUDING THIS ONE): .,., , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. NO. 04-1747 2004 ISSUE: Praecipe to Remove Defendants' Motion to Compel : From Argument Court Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 : JURY TRIAL DEMANDED I hereby certify-that-6 true an correct ithin was mailed to all counsel of record this 21'P'8ay of August, 2007. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. : JURY TRIAL DEMANDED PRAECIPE TO REMOVE DEFENDANTS' MOTION TO COMP FROM ARGUMENT COURT TO: PROTHONOTARY Please remove defendants' Mokn to Compel fro, m Ar§umer)( Court. Attorneys for Defendants McINT E, HARTYE & SCHMITT Lo ' C. Schmitt, Jr., Esquire A I.D. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 PH: (814) 696-3581 FAX: (814) 696-9399 Date: August 21, 2007 n ?' ::? c" ? -ri ` ?? t ilk. - _.;., ? r ? Y. 4 _ f,,,? `' MICHAEL W. SHEIBLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1747 CIVIL AARON CREAMER, CLIFTON SHAWN SPAULDING, AND MICHAELA R. MCCARVEY/SPAULDING CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 4th day of October, 2007, IT IS HEREBY ORDERED AND DIRECTED that a status conference shall be held on Thursday, November 1, 2007, at 3:00 p.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Jason C. Imler, Esquire Attorney for Plaintiff Louis C. Schmitt, Jr., Esquire Attorney for Defendants 0 -1 bas t .... ,-, r", _,? ?,_i Jason C. Imler, Esq. I.D.#87911 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Imler@HHRLaw.com MICHAEL W. SHEIBLEY, Plaintiff V. AARON CREAMER, CLIFTON S. SPAULDING, and MICHAELA R. McCARVEY- SPAULDING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1747-2004 CIVIL DIVISION - LAW PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL AND NOW, comes the Plaintiff, Michael W. Sheibley, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Jason C. Imler, Esq., who files his Response in opposition to Defendant's Motion to Compel, and in support of this Response avers as follows: 1. STATEMENT OF FACTS: On or about February 10, 2005, Plaintiff, Michael Sheibley, filed a Complaint in the Court of Common Pleas of Cumberland County alleging he sustained personal injuries on August 22, 2002, as a result of an automobile collision that occurred on Apple Drive in Mechanicsburg, Cumberland County, Pennsylvania. Defendant, Aaron Creamer, was the operator of the other vehicle involved in the collision. Default Judgment was entered on 9 1 or about July 25, 2006. Defendants have taken no action to open the Default Judgment. Plaintiff responded to Defendants' initial Requests for Production of Documents and Interrogatories on or about May 18, 2006. Defendants Interrogatories, with sub-parts, numbered in excess of sixty (60). While this number greatly exceeds the forty (40) permitted by Local Rule 405-1, Plaintiff nevertheless responded in good faith. Defendants had a second opportunity to ask Plaintiff any questions they had when Plaintiff was deposed on or about May 26, 2006. Earlier this year, Defendants retained new counsel on the case. Defendants' current counsel forwarded a Supplemental Request for Production of Documents on or about April 27, 2007. Plaintiff responded to the Supplemental Request for Production of Documents on or about June 27, 2007. Subsequently, Defendants filed the Motion to Compel believing Plaintiffs response to be inadequate. II. ISSUES - DEFENDANTS' DISCOVERY REQUESTS / PLAINTIFF'S RESPONSES A. PSYCH RECORDS Plaintiff has objected to Supplemental Production of Document Requests 13 and 14 on the basis that such records are not discoverable in this case. Plaintiff is not claiming any emotional distress or mental anguish beyond what commonly accompanies physical injuries. Several local Courts of Common Pleas have ruled on this specific issue and have determined that if Plaintiff is not seeking damages arising out of an independent psychological injury, mental health records are not discoverable. See Mikulas v. Bundette, 67 Pa. D&D 4th 379 (Pa. Com. PI. 2004, York Co.)(Where plaintiff alleged damages for the types of emotional distress and mental anguish that commonly accompany a personal injury action and not for damages arising out of independent psychological injury, defendants were not entitled to discovery of plaintiffs mental health records); Topper v. Shatzler, 54 Pa. D&C 4th 554 (Pa. Com. PI. 2001, Franklin Co.)(Because plaintiff did not put his mental health at issue by claiming damages for pain and suffering, he did not waive 2 ? I the psychotherapist-patient privilege protecting his mental health records); Fetterhoff v. Zalezak, 34 Pa. D&C 4th 67 (Pa. Com. Pl. 1996, Dauphin Co.)(Where plaintiff made no allegation of mental suffering beyond her pain and suffering claim and sought no damages for mental health treatment, she did not place her psychological condition at issue, and defendant was therefore not entitled to discovery of plaintiffs psychological treatment records). Defendants' Motion to Compel cites no contrary authority. Defendants rely heavily upon one medical record and specific portions of that one medical record to suggest that Plaintiff's pain could possibly be due to a psychological or psychiatric condition. Any suggestion that Plaintiff's pain is psychological or delusional in nature is preposterous. Mr. Sheibley's records clearly reflect that on the date of the crash he was diagnosed with a fracture of the sternum. (A copy of the X-Ray report from August 22, 2002, is attached hereto and marked as Exhibit "A"). Mr. Sheibley's treating doctor, Stuart Hartman, D.O., has opined that the injuries of cervicothoracic strain, lumbosacral strain, left-sided radiculopathy, sternal fracture, low back pain, leg pain, carpel tunnel syndrome, and ulnar neuropathy are directly related to the August 22, 2002, motor vehicle crash, and that all of Plaintiff's injuries have affected his ability to perform the duties of his occupation as a violin-maker. (A copy of Dr. Hartman's February 23, 2006, report is attached hereto and marked as Exhibit "B"). Dr. Schatman was not Plaintiff's "treating psychologist" as Defendants' Motion to Compel suggests. Plaintiff was referred to Rehab Options Pain Management program by his treating physician, Dr. Hartman, on a single occasion to see if Plaintiff was a good candidate for a biofeedback program, in an effort to improve his function and get him back to work. (A copy of Dr. Hartman's January 15, 2004, office note is attached hereto and marked as Exhibit "C"). Plaintiff was not "treated" by Dr. Schatman but only evaluated to determine if he was a candidate for the biofeedback program. In fact, the Schatman 3 I record itself is titled "Behavior Medicine Evaluation." Dr. Schatman's evaluation was only one-half of the total evaluation for the biofeedback program. (A copy of both portions of the Rehab Options Initial Evaluation are attached hereto and marked as Exhibit "D"). It was determined that Plaintiff was not a good candidate for this program and Plaintiff never saw Dr. Schatman again. Plaintiff did not seek out Dr. Schatman for treatment of psychological issues, rather he was evaluated for a program to help treat his physical pain. Consequently, Plaintiff did not place his psychological or psychiatric condition in dispute, and his psychological and/or psychiatric records are therefore not discoverable. B. DRUG TREATMENT RECORDS Notwithstanding the objection to the requests for drug treatment records, Plaintiff's Response to the Production of Document request advised Defendants that Plaintiff is not in possession of any such records nor does Plaintiff believe that records of this nature exist. Plaintiff can not produce records Plaintiff does not possess. Plaintiff can not obtain records that do not exist. Plaintiff does not believe any such records would be relevant or admissible but regardless of admissibility of such records, Plaintiff can not produce those records or advise Defendants where to find records if Plaintiff does not believe such records exist. C. HOSPITAL RECORDS Defendants have also requested Production of all hospital records from any hospitalization of the Plaintiff prior to the August 22, 2006, crash. Defendants place no time restriction on these requests for prior records and presumably the request seeks records back to Plaintiff's birth. Given the nature of Plaintiff's injuries, including a fractured sternum, not all prior records would necessarily be relevant. Once again, Plaintiff is not in possession of any such records and therefore has no records to produce to Defendants in response to Defendants' request. Defendants indicate that they have offered to subpoena those records if Plaintiff 4 10 provides the names and addresses of the treaters. Defendants' "compromise" is nothing more than a request that Plaintiff answer another set of Interrogatories. Plaintiff has responded to Interrogatories, two sets of Requests for Documents, and has been deposed. Defendants have had multiple opportunities to obtain information from Plaintiff. Defendants should not expect Plaintiff to go through the discovery phase of litigation again because Defendants' current counsel, or Defendants' insurer, believes Defendants' prior counsel did an inadequate job. Furthermore, even if Plaintiff was in possession of all of his prior medical records, the request is over-broad in that there is no time restriction to the request. WHEREFORE, Plaintiff, Michael W. Sheibley, respectfully request this Honorable Court issue and Order denying Defendants' Motion to Compel. Date: 10 - 0- p 7 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: -r-. Jason . Imler, Esquire Attorney I.D. #87911 1300 Lingelstown Road Harrisburg, PA 17110 (717) 234-2000 Attorneys for Plaintiff 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties of counsel of record by depositing a copy of the same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on September 7, 2007, addressed to the following: Mr. Louis C. Schmitt McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Date:/ ? / t-0'7 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By .` ' Jason C. Imler, Esquire I.D. No.: 87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 4th & Willow Streets, 3rd Floor P.O. Box 1282 Lebanon, PA 17046 717-272-1050 Fax 717-272-1740 Jason C. Imler, Esquire 1300 Linglestown Rd. Harrisburg, PA 17110 RE: Michael W. Sheibley DOB: 2/4/64 DOI: August 22, 2002 Dear Attorney Imler: Ilk Hartman r Rehabilitation Associates February 23, 2006 Polyclinic-Landis 3rd Floor 2501 North 3rd Street Harrisburg, PA 17110 717-782-2148 Fax 717-782 2155 Mr. Sheibley was first seen for a physiatric pain management evaluation on October 7, 2002. At that time, he was complaining of pain and also numbness and weakness in the arms. He states he was involved in a motor vehicle accident on August 22. He was also being forgetful. He denied loss of consciousness, but was involved in a head-on collision. He had some hip pain. It also felt locked at times. He hit the wheel with his chest and had chest pain, and apparently sustained a sternal fracture. My initial diagnoses were a cervicothoracic and lumbosacral strain, left-sided radiculopathy, sternal fracture, low back and leg pain, carpal tunnel syndrome, and ulnar neuropathy. He was referred for physical therapy, and scheduled for electrodiagnostic testing. Electrodiagnostic testing was performed of the left upper extremity on October 24, which did not reveal any radiculopathy, or acute compressive neuropathy. I had the opportunity to see him for follow-up on January 15, 2004. He is trying to do things at home with a home program, but was still having pain in the neck and shoulders, and down the arms. He had pain in the right thumb with swelling and numbness down the left arm from the face into the hand, and was getting headaches. He still had some chest pain into his back on the left side. He was taking hot showers, but it did not help the pain. He also had some numbness down the left leg, but that was improved. He had coldness in the left fifth finger also. He was trying to maintain activity but had not been able to return to making violins since his accident. He was trying to maintain some of his other activities. His physical examination on January 15, 2004 showed a decrease in sensation in the hands, a mild Tinnel's and Tether at both wrists, and tenderness at the right thumb, and tenderness along the chest, and mid back. Strengths were good. Spurling's sign was negative. Diagnosis remained the same. At that point he was referred to the Rehab Options pain management program. He was not capable of making violins at that time. He was evaluated by Rehab Options and felt to be a candidate for that program. He did have an MR[ of the brain on September 20, 2004. It showed some diffuse cortical tissue loss, but no mass or hemorrhage. He had some ethmoid sinus inflammatory disease. The cortical tissue was also felt to be age consistent. He subsequently had repeat electrodiagnostic testing on July 13, 2004 due to persistent symptoms. His EMG did show a mild to moderate sensory neuropathy at the wrist compatible with carpal tunnel syndrome. He was then seen for follow-up on April 14, 2005. He was doing better in some regards and worse in others. He had a decrease in pain levels, but was still getting right hand pain and some numbness in the hands, left more than right. He still had trouble with sleep. He was trying to E-Mail: Leb4Hartman@AOL.com Michael Sheibley February 23, 2006 Page 2 increase his activity. His physical examination on April 14, 2005 showed improved strengths and range of motion. Sensation was still decreased in the hands especially the right median nerve, and left ulnar nerve. He had a positive Tinnel's and Tether at the right wrist and at the elbow. Left wrist was a little better. His grip strengths were stable but he was still tender at the right wrist. Diagnoses remained the same. He was not fully recovered, but he was stable. It was recommended he continue with his program and biofeedback, which he had done through the Rehab Options program. He was last seen for a physiatric pain management follow-up on January 6, 2005. He was doing a little bit better overall. His best pain level was a 1, which he stated was on that date of exam, and the worst was a 10 because of his back flaring up, and he had to go to the Emergency Room. He was just taking Vicodin 1 or 2 a month for headache, and low back was doing well. He was not using any ice or heat. He was gradually increasing his activity. His physical examination showed improved mobility and flexibility. Strengths were improved. He still had a decrease in sensation in the hands, but a negative Tinnel's, Tether and Phalen's. $purling's sign was negative. He was moving better overall, and affect was brighter. Diagnoses remained the same. As of that visit, I did not feel he was fully recovered but he was stable. He was to continue with his home program. He was given samples of Lidoderm patches and a Theracane. He was to possibly enter the Rehab Options pain management program to help improve his function. He did not enter the program. He was trying to increase his activities at home. His injuries as described above and diagnoses are all directly related to his motor vehicle accident of August 22, 2002. This is within a reasonable degree of medical certainty. In addition, his treatment has been medically necessary and reasonable due to the injuries sustained in the accident of August 22, 2002. Diagnostic studies are also reasonable and necessary, and due to the accident. All of his injuries have affected his ability to perform the duties of his occupation as a violinmaker. As of January 6, 2005 he was improving, but was still not capable of performing that duty on a full- time basis. All of the opinions in this medical report on Mr. Sheibley are within a reasonable degree of medical certainty. Please feel free to contact me if you require any further information or clarification in this regard. Very truly yours, Stuart A. Hartman, D.O. Board Certified in Physical Medicine and Rehabilitation SAH/Is Holy Spirit Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Pennsytvania'17011 (717) 763-2600 PATIENT: SHEIBLEY, MICHAEL W DICTATION DATE., Aug 22 2002 9:56P MR#: 070575 TRANSCRIPTION DATE: Aug 22 2002 11:06P SOC SEC: 191-40-8745 ORD DR: PAUL WILLIAMS M.D. PT TYPE: E ADM DATE: 08122/2002 DOB: 02104/1964 ARRIVAL DATE: 08122/2002 LOCATION: ER3- HOSP SERVICE: ER3 'Final Report*' EXAMINATION: CHEST 2V 71020 .0812212002 COMMENTS: INDICATION: Thirty-eight-year-old male MVA. Chest 2 views PA and lateral. The heart and mediastinum are normal. Pulmonary vasculature is normal. Lungs are clear. There is pneumothorax or pleural effusion. Sternum: Fracture is identified. The fracture involves the anterior cortex as seen on the lateral;view. There is some soft tissue swelling. Sternum 2V: Lateral and oblique. Again noted is a sternal fracture just below the manubrium sternal joint. The anterior cortex shows the break. There is soft tissue. C-Spine 5V: AP, lateral two obliques and open-mouth. The cervical lordosis is maintained. The vertebral bodies maintain their height. I do not identify an acute fracture or dislocation/subluxation. However, some spondyiotic changes are noted mainly involving the lower cervical region. The odontoid is intact. The prevertebral soft tissues are normal. CONCLUSION: Sternal fracture just below manubrium-sternal joint. The anterior cortex shows the break. Soft°tissues swelling. Clear lungs, no pneumothorax. C-Spine: no fracture or dislocationlsubluxation, spondylotic changes involving the lower cervical region. DICTATED BY., KIRAN KAPADIA M.D. / SED DATE OF EXAM: 0812212002 SIGNED BY: KIRAN KAPADIA M.D DATE/TIME: Aug 23 2002 7:28A . J bn(,Prrr,,' h4r+ 'r'itp.d. Fib •/? ... L' t. Ul'?? • `fir ;'1"•ht 7??.{:. Disoosition: - normal. gbnormai. . i? . I< 3,rder? Imaging Services Consultation Page 1 RECYCLED • rxkjj L- HARTMM REHABILITATION ASSOCIATES Surer A. Tdartmax, D.O. 1irmn Caplan Pavilion 4 & W91OW SIMS TLMM" Lebffw%PA 17046 Telco= 717,272-1960 Fia 7172724740 PROGRESS NOTE RH: Micltad Shublay January 15, 2004 SSN; 191-40.9745 DOT: August 22, 2002 Clavnik 010170632335 6aariabrtg Ofte 29D1 Naclh n d Stood Trim Flow-Emile Bldg. Hanridw% PA 17110 Tdapteac, 717-7112,2148 Fa 717-732-2155 Mr. 5beibley was seen I'or physialric pain manaM nimtt follow up on January 15, 2004 at my HmrWM% Office He is still having a gm a ized increase in symplotns in the no* shoulders and down the arms. He has pain in Se right thumb, and gets swAing, and he also has numbness down AD left son $om the face into the hand. He gets hradulm . He has chest pain into Iris back on the left side, He feels weakwm at times in file hands. He takes hot sbuwem but it does not help the pain. He does gel some numbness dawn the left leg, bat this is better. Sometimes his left fifth finger gels cold. He has been dee&g better fin test few weeks. He is trying bo maintain his activity, but since his aeraded, he has not been able to make violins. He continues with some of his other activities but he has not been able to make any violins. His physical examination today is unchanged. He still has a decrease in seusation in fire hands, Iii greater than right, mild Tinel's, Tether at bolh wrists and is very kndw at the tight thumb. His chest is tender as well as the d aacic parespinal region. 5trmgths erne in 60 good, plus no*L He had a questionable Tin let's of Am left elbow. Spurlmg sign was regative, )&. Sheahley is suiibering from a eavioothua=c shain and bmtboweral strait, some left side tadicular symphhms, carpal tunnel syndmme and uhau palsy, and a right &u b pain. He ig going to be refaced to the Rehab Opfioas Pain Mxnagraneut Program. I feel fad he is a good candidate to help improve his function and get him back to werk. I will see him for follow-up in eight week's time: He will call with any pmblmrs and be seers sooner ifnmded. He will try and maintain bit nclivity, but he cannot do his job as noted above Stuart AwO. a? Board Certified m Physical Medicine nand Rebsbilitatian SAH:lrbp cc: Edwin Kam, MD- 755 Norman Drive, Lebanon, PA 17042 Eric Insurance, 4901 Louise Drive, Mechmricsbnrg, PA 17455 0 w r N O O CJl x N v b x a a z O t? mD v N N C_Tl Ln 0 N N 2501 N. 3rd St. Harrisburg, PA 17110 ' 717 782-6856 717 782-6859 Fax 4N? PINNACLEHEALTH Rehab Options February 5, 2004 Dr. Stuart Hartman 2501 N. Third St., 3 Landis Harrisburg, PA 17110 0 2 ?044 RE: Michael Sheibley SS#: 191-40-8745 Dx: CervicaUThoracic Spine Strain; Myofascial Pain; Pain in Multiple Sites INITIAL EVALUATION: HISTORY: The client is a 40-year old male who was seen for an Initial Evaluation on February 5, 2004. The client recounts the following information regarding his injury. The patient states he was a restrained driver in a motor vehicle accident on August 22, 2002 involving in a head-on collision. The patient denied loss of consciousness, however, was diagnosed with a sternal fracture and a cardiac contusion. The patient states that an MR1 of the cervical spine was performed, however, he was unsure of the results. The patient states that although traditional outpatient physical therapy services were recommended he did not follow through with therapy. The patient states he currently relies on homeopathic forms of intervention for relief and as a sleep aid. Patient denies receiving injections. As per medical records, an EMG of the left upper extremity was found normal. Patient's past medical history is significant for allergies to Aspirin and cats. The patient states he has a history of hepatitis A, B and C, sternal fracture, and a cardiac contusion. The procedures, goals, and rules for the evaluation were reviewed with the client. The goal of the evaluation is to assess the client's physical capabilities, limitations, and appropriateness for the Rehab Options Program. The evaluation was a total of 2 hours. The client was able to sit for a 45-minute interview and bilateral grip/pinch assessment. EDUCATIONAUVOCATIONAL HISTORY: Educational history reveals that this client has a high school diploma and is currently self- employed as a violin maker and microphotography. The client states his goal is to resume normal physical function with work as well as avocational activities. INITIAL EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 2 PERSONAL/AVOCATIONAL HISTORY: The client is independent with activities of daily living and home management tasks. Avocational interests include flying planes, building planes, and studying cultures/world history. PAIN SCALE: The client describes his current symptoms as constant pain throughout the lateral border of his left upper extremity extending into the first through third digits. The patient also reports constant pain throughout the bicipital region, throughout his left side of the face and into the upper trapezius muscle. The patient reports diffuse left upper extremity/fifth digit numbness. The patient reports a daily headache. The patient complains of an occasional left shoulder and pectoralis muscle pain. Patient also complains of intermittent lower abdominal pain (right side greater than left side) which extends into the hips. The patient reports intermittent diffuse tingling throughout the left distal lower extremity primarily in the lateral region and tingling in both hands (left side greater than right side). The patient states that occasionally his left leg falls asleep which causes him to buckle. On a scale of 0-10, the client reveals his present level of pain as a 4. This corresponds to a moderate perceived pain levei. At best, the client rates his pain as a 2 or a minimum perceived pain level and at worst a 91/2 or a severe perceived pain level. Please refer to the psychologist's report for current medications. MUSCULOSKELETAL: The neuromuscular status of the cervical spine and upper extremities was assessed: POSTURE: Upon static standing, the patient presents with a forward head, rounded shoulders, and bilateral scapular winging. REFLEXES: DTR's throughout upper extremities were intact and equal. SENSATION: Light touch sensation was intact throughout extremities. GAIT: The patient ambulates independently without an assistive device with a forward flexed posture. KINETIC MOVEMENT: The patient is independent with bed mobility and transfers. RANGE OF MOTION: See attached form STRENGTH: See attached form PALPATION: Patient presents with palpatory tenderness to the left medial/lateral INITIAL EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 3 epicondyles, left pectoralis muscle insertion site, bilateral upper trapezius muscles (left side greater than right side), bilateral levator scapulae muscles, left intrascapular region, and the left wrist extensor complex. SPECIAL TESTING: The patient presents with a negative cervical compression test, negative cervical distraction, negative alar ligament test, negative vertebral artery test, negative bilateral upper quadrant test, negative bilateral Speed's test, negative bilateral Phalen's test, negative bilateral 3 Jaw chuck test, negative bilateral Tlnnel's sign at the wrists, negative special testing for thoracic outlet syndrome, negative cervical spine spring test, positive Tinnel's sign at the left elbow, and a positive left lateral epicondylitis test. GRIP STRENGTH: Hand grip scores were measured by the Jaymar dynamometer as follows: Position Right Hand Norm a Left Hand Norm a 1 - 1 114" 64 lb. 10% 50 lb. 9% 2-13/411 82 lb. 116.8 lb. 7% 72 lb. 112.8 lb. 9% 3 - 2 1/4" 65 lb. 5% 60 lb. 15%0 4 - 2 3/4" 70 lb. 10% 62 lb. 19% 5 - 3 1/4" 80 lb. 20% 50 lb. 5% COMMENTS: The client is ambidextrous, however primarily utilizes his left hand more than the right. He was tested with three trials at each span alternating right and left hands and the highest at each level is recorded above. The highest score at Span 1 3/4" was compared to norms for healthy adult females of his age group. This Span is used for comparison as all normative data is based on that level. The client demonstrated a deficit in the right hand by 30% and the left hand by 36%0. The data reveals a 12% difference between the dominant and nondominant extremity which is within the normal 10-15% variation. The graphing of grip dynamometer measurements did not demonstrate consistency of patterning between trials as the client's gras did not assume a bell- shaped curve. Consistency of effort was also assessed by calculating the co-efficient of variation. The client exceeded the experimentally derived cutpoint of 10% on 3 out of 10 trials indicating full participation with testing. PINCH STRENGTH: Pinch strength was assessed using a standard 60 pound pinch gauge with the following results: Right Norm G Left Norm g 3 Jaw 28 lb. 24.5 lb. 9% 25 lb. 24.8 lb. 6% Lateral 30 lb. 25.6 lb. 2% 23 lb. 25.1 lb. 3% INITIAL EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 4 Tip Digit 11 18 lb. 17.8 lb. 14% 12 lb. 17.7 lb. 5% Tip Digit III 12 lb. 12 lb. Tip Digit IV 10 lb. 10 lb. Tip Digit V 7 lb. 4 lb. COMMENT: When compared to norms for healthy adult males of his age group the client demonstrated above the norm on the right for 3 Jaw pinch by 140/o%n the left by 1%, on the right for Lateral pinch by 17%, and on the right for Tip Digit II pinch by 1%. The client demonstrated a deficit on the left for lateral pinch by 8% and on the left for Tip Digit II by 32%. Norms are unavailable for Tip Pinches, however, hierarchy of progression from Digit II to Digit V was appropriate only for the right hand. In regards to the co-efficient of variation, the client exceeded the experimentally derived cut point of 10% on 1 out of 6 trials indicating full participation with testing. WHOLE BODY RANGE OF MOTION: The client's ability to assume the identified common working postures was evaluated using the Valpar Component Work Sample #9, Whole Body Range of Motion. This activity required the client to reach from the floor level to an overhead height of 6 feet 3 inches while performing a continuous bilateral upper extremity task. The client demonstrated the ability to sustain forward reaching at shoulder height and overhead for 1 minute and 42 seconds. The client was unable to successfully complete the entire test secondary to increased right upper trapezius tightness/ discomfort and right thumb pain. Pain level was reported at a 4 out of 10 pre and post activity. The client was able to follow directions and to concentrate on the tasks. MATERIAL HANDLING TASKS: The client was evaluated for his lifting and material handling abilities in accordance with PinnacleHealth's chronic pain protocol. A psychophysical protocol is used which means the client chooses the weights appropriate for the OCCASIONAL and FREQUENT. The data from this test indicates the client felt comfortable performing material handling tasks at a SEDENTARY Physical Demands Capacity Level. The OCCASIONAL tests are performed at all levels and the FREQUENT testing is done for two separate involved areas. A ratio between the client's FREQUENT and OCCASIONAL ability was unable to be calculated thus unable to project the client's ability for other FREQUENT activities. The client was instructed to give a maximum effort during testing, but to stop when he thought that he should due to pain or fatigue. The client exhibits the following capabilities: LIFT POSITION OCCASIONAL FREQUENT Leg Lift 5 lb. NA 12" leg lift 12 lb. Knuckle to Shoulder 3 lb. NA INITIAL EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 5 Shoulder to Overhead 5 lb. Carry 30 feet 6 lb. Push 20 feet 38 lb. Pull 20 feet 38 lb. The client demonstrated poor body mechanics secondary to preference in using a torso lift, was unable to stabilize the cervical/lumbar spine, maintained a narrow base of support, and demonstrated incoordination with breathing/lifting. The client's pain levels were reported as a 4 out of 10 pre-activity and 41h out of 10 post activity. Demonstrated pain behaviors including an increased antalgic gait, and pronounced forward flexed posture which were consistent with his subjective pain report. The client passed 4/4 validity criteria for the OCCASIONAL tests which indicates valid test results. NONMATERIAL HANDLING TEST: The client was evaluated for his endurance using a Modified Bruce Protocol on the treadmill. The patient was unable to complete Stage I of the test, therefore a Met level was unable to be determined. The patient was able to ambulate for 2 minutes and 38 seconds at a speed of 1.7 mph. Testing was terminated secondary to subjective complaints of left hip pain. His blood pressure was 122/88 pre and posttest. Heart rate was 71 pre and post test. Maximum heart rate during testing was 72 bpm. Stairclimbing was also evaluated. The client was able to climb 2 flights of stairs. The client terminated the activity secondary to subjective complaints of increased left hip discomfort. Pain level was reported to be a 4out of 10 pre and post-activity. The client passed validity criteria which indicates valid test results and good effort. FOLLOW-UP: The client was instructed that he may experience increased discomfort post evaluation. He was instructed to perform the techniques she normally utilized if he experienced symptoms. The client was instructed to telephone the department if he experienced symptoms that were different than those he had previously experienced. EVALUATOR'S OBSERVATIONS: 1. Decreased cervical spine active range of motion. 2. Decreased bilateral shoulder strength. 3. Poor posture. 4. Exhibited poor body mechanics with material handling. 5. Client performed a sedentary physical demand level with no pain management skills. 6. Decreased bilateral grip/pinch strength. INITIAL EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 6 7. The client's increase in heart rate appropriate. 8. The client passed 18/25 validity criteria, RECOMMENDATIONS: with material/non-material 72%, indicating equivocal te= From a physical perspective feel the client is an appropriate candidate program; Phase II, however will defer further recommendations bay assessment. If it is felt that the patient is appropriate for the Rehab Option will consist of strengthening, stretching, body mechanics training, pain r conditioning and material handling activities. If patient is not appropriate f program, patient would benefit from traditional outpatient physical ther- agreeable to recommendations. GOALS: Short Term Goals: 1. Instruction and progression in home exercise program. (2 weeks) 2. Independent with postural correction/body mechanics with mate handling tasks. (2 weeks) Long Term Goals: 1. Independent with home exercise program. (4 weeks) 2. The client will demonstrate pain management with a LIGHT phys;-- weeks) 3. Cervical spine active range of motion within normal limits. (6 weeks) 4. Bilateral shoulder strength to 5/5 gross. (6 weeks) 5. Normal bilateral grip/pinch strength. (6 weeks) Thank you for the opportunity to evaluate Mr. Sheibley for the Rehab OptZ have any questions about this evaluation or the recommendations made, ply contact me. Sincerely, Carol Hughes, MPT Rehab Options Program Is c: Erie Ins. Michael Sheibley 2/5/04 UPPER EXTREMITIES: (R) ROM (R) (L) ROM (L) Strength Comments Strength SHLDR Flex. 0-1800 AROM WNL 4+/5 AROM WNL 4+/5 Ext. 0-500 AROM WNL 4+J5 AROM WNL 4+/5 Abd. 0-1600 AROM WNL 4+/5 AROM WNL 4+/5 IR 0-700 AROM WNL 5/5 AROM WNL 5/5 ER 0-900 AROM WNL 5/5 AROM WNL 5/5 ELBOW Flex. 0-1450 AROM WNL 5/5 AROM WNL 5/5 Ext. 00 AROM WNL 5/5 AROM WNL 5/5 FOREARM Pronat. 0-850 AROM WNL 515 AROM WNL 5/5 Supin. 0-850 AROM WNL 515 AROM WNL 5/5 Flex. 0-700 AROM WNL 5/5 AROM WNL 5/5 Ext. 0-700 AROM WNL 5/5 AROM WNL 5/5 FINGERS/GRASP AROM WNL AROM WNL TRUNK Flex. Ext. Side Bend R Side Bend L CERVICAL Flex. AROM WNL 5/5 No peripheral changes with repetitive movements or with overpressure Ext. AROM WNL 5/5 No peripheral changes with repetitive movements or with overpressure Lat. 4 (R) 40° 5/5 No peripheral changes with repetitive movements or with overpressure Lat. 4 (L) 48° 5/5 No peripheral changes with repetitive movements or with overpressure Rotation R 60° 5/5 No peripheral changes with repetitive movements or with overpressure Rotation L 58- 5/5 No peripheral changes with repetitive movements or with overpressure HIP SLR 0-80° (in supine) Flex. 0-120° Ext. 0-250 Abd. 0-45° Add. 0-300 I R 0-450 ER 0-45° KNEE Flex. 0-1350 Ext. 00 ANKLE DF 0-200 PF 0-50° Inv. 0-35° Ev. 0-20° 3 Landis 2501 N. 3rd St. Harrisburg, PA 17110 717 782-6858 717 782-6859 Fax d> PINNACLEHEALTH Rehab Options February 5, 2004 Dr. Stuart Hartman 2501 N. Third St., 3 Landis r Harrisburg, PA 17110 RE: Michael Sheibley BEHAVIORAL MEDICINE EVALUATION Dear Doctor Hartman: I evaluated Mr. Michael Sheibley in my office at Rehab Options on February 5, 2004 in order to determine the role of emotional and behavioral factors which may be contributing to the maintenance of his longstanding musculoskeletal pain. Mr. Sheibley is a 40-year old, separated, white male who was involved in a motor vehicle accident in August of 2002, subsequent to which he has complained of neck and shoulder pain along with left hand numbness, as well as low back and left lower extremity pain. Following the accident, the patient was taken to an emergency room and then to an urgent care facility, and was reportedly diagnosed with a cardiac contusion and a fractured sternum. You initially evaluated Mr. Sheibley in October of 2002, at which time you diagnosed him with cervicothoracic and iumbosacral strains, a possible left cervical radiculopathy, a carpel tunnel syndrome and tardy ulnar palsy, low back pain with some possible radicular symptoms, a sternum fracture and a cardiac contusion. Electrodiagnostic testing of the left upper extremity was within normal limits. The patient has more recently been diagnosed with myofascial pain. He evidently received little treatment for his pain condition during the 15 months which followed your initial evaluation of him. My understanding is that he recently sought treatment from your practice again. Given the persistence of his pain complaints and problems with dysfunction, Mr. Sheibley has been referred to Rehab Options, for which he is currently undergoing an evaluation for possible admission. I provided the patient with a Pain Assessment Inventory, a Minnesota Multiphasic Personality Inventory-2 and a detailed clinical interview. Additionally, he was provided with a computer-assisted multichanneled psychophysiological evaluation by our biofeedback therapist, Douglas Brown, BS, BCIAC. Throughout the evaluation process, the patient was generally pleasant and cooperative.. However, he was also noted to be extremely grandiose and frequently tangential during the clinical interview. Mr. Sheibley is originally from central Pennsylvania, reportedly lived in Germany for five years, and has been dwelling in central Pennsylvania again since 1993. He reportedly came from an intact home, denying any history of physical, sexual or family substance abuse or addictive disease. However, he reported that his father was extremely BEHAVIORAL MEDICINE EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 2 judgmental, and that his childhood was accordingly a difficult one. The patient's father passed away six months ago, while his mother continues to dwell in central Pennsylvania. According to Mr. Sheibley, he maintains only infrequent contact with his mother, as their relationship is not a particularly close one. The patient has been married on three occasions, with the first two unions ending in divorce. He was married to his third and current wife for five years, although they have been separated for the past two years. The patient currently dwells alone, and is reportedly quite withdrawn socially. Mr. Sheibley reportedly has a 14-year old son dwelling in Germany with an ex- wife, stating that he sees him each summer. Overall, it is apparent that this patient's social support network is an extremely limited one. This is likely the result of what appears to be a schizoid personality adjustment. The patient is a high school graduate and was reportedly trained in violin making by an ex-father-in-law in Germany. He has been employed as a violin maker for the past 15 years, reportedly winning United States and world championships in competitions for violin making in the mid-1990's. He also has been self-employed as a microphotographer for the past five years. The patient stated that he has employees working for him in both of these trades, although now performs little of the actual physical work himself due to his problems with pain. Mr. Sheibley denied involvement in any litigation relating to his motor vehicle accident. I have no reason to believe that any secondary gain issues relating to his disability are adversely impacting his overall recovery. In addition to the aforementioned problems with chronic pain, the patient's medical history is positive for Bell's palsy, reported hepatitis A, B, C at the age of 19 (although he stated that he does not test positively for any of these strains currently) and a period of serious drug abuse approximately 20 years ago. He reportedly used heroin intravenously for one year, and utilized LSD on a daily basis for one to two years. He also reportedly abused methamphetamine. The patient denied any history of drug treatment. Currently, he reportedly smokes marijuana on a daily basis. The patient was working with a psychologist on a weekly basis last year for approximately nine months in order to deal with "family losses" and his chronic pain. He also stated that he spent eight consecutive days with a "government psychiatrist" following the death of a friend who "was involved in espionage." Mr. Sheibley was vague regarding any additional psychiatric history. For the management of his physical discomfort, the patient currently reportedly relies only upon occasional Ibuprofen. The patient stated that he smokes two packs of cigarettes q day, having smoked for most of his adult life. The patient stated that he drinks infrequently, although when he does so, he reaches the point of intoxication. Mr. Sheibley reportedly has been intoxicated on approximately 10 occasions over the past year. Any pain-contingent utilization of alcohol was denied. The patient reportedly consumes an average of six cups of coffee q day, stating that he drank coffee considerably more heavily in the past. Given his reported history of drug abuse and daily utilization of marijuana, it is evident that Mr. Sheibley presents as an extremely addictive personality. Accordingly, I would strongly recommend against the prescription of any narcotic analgesics or benzodiazepines. w BEHAVIORAL MEDICINE EVALUATION MICHAEL SHEIBLEY FEBRUARY 5, 2004 PAGE 3 Test findings should be briefly summarized. Pain Assessment Inventory data are indicative of a tendency toward symptom amplification, mild levels of kinesophobia as measured by the Tampa Scale-Revised and perceived disability in excess of that which can be expected given the patient's actual physical status. These findings, however, should not necessarily be considered as indicative of a conscious process of exaggeration of symptoms. Pain Assessment Inventory data are also indicative of moderate levels of anxiety as measured by the Beck Anxiety Inventory. MMPI-2 validity data suggest that the patient is either experiencing pronounced emotional discomfort with which he would appreciate assistance in dealing, or is evidencing pronounced psychopathology regarding which is not particularly guarded. Within the context of the evaluation, it is likely that the latter is true. MMPI-2 clinical scale data suggest that the patient is likely to be described as shy, withdrawn and evidencing flat affect. Symptoms among individuals with similar profiles may include a confusion, poor memory and concentration, delusions and hallucinations. The delusions which patients with similar profiles experience are often of the somatic variety. These patients often present with histories of physical aggression following periods of drinking or drug abuse. Social histories may include periods of reasonable vocational adjustment, although inefficiency and fatigue preceding psychotic reactions are likely to lead to marked decreases in ability to function. Finally, results of a biofeedback evaluation indicate that Mr. Sheibley is experiencing severe levels of psychophysiological reactivity to stress, particularly as measured by thermal and electrodermographic readings. Muscle recovery was also noted to be poor. Based upon the results of my evaluation, it is very evident that Mr. Sheibley presents with a thought disorder, and is likely to meet the diagnostic criteria for schizophrenia. It is difficult to determine whether his chronic pain has any pathophysiological basis or purely represents a somatic delusional process. It is certainly quite possible that he is experiencing physically-based pain, with exacerbated discomfort experienced due to a delusional process. Mr. Sheibley clearly does not present as an appropriate candidate for admission to Rehab Options. My very obvious recommendation at this time would be a psychiatric consultation. However, my suspicion is that this patient's disordered thought is "ego-syntonic" and that Mr. Sheibley would reject any recommendation for a psychiatric consultation. However, I recommend that you strongly urge him to undergo such an assessment. If I can provide you with any additional information regarding my evaluation and recommendations for treatment of this most interesting and challenging patient, please do not hesitate to contact me. As always, I appreciate your consideration in allowing me to participate in the rehabilitation of your more interesting and challenging patients. Respectfully, Michael E. Schatman, Ph.D., DAAPM Licensed Psychologist Rehab Options Is VOCATIONAL EVALUATION Patient: H,?,at I %b 6wr Date of Evaluation: 106. a-LaAP14 oi: 31 ?ajvl,? ?-VVA. REASON FOR REFERRAL: To determine the nature and degree of vocationally significant functional limitations and to develop a plan for a successful return to work. Employment Status: Employer:. -,. mrl Job Title: D ;ILA u/- Last Day of Work: Length of Employment: l(5 : lJ? Earnings: Ltht-n jn Financial Concerns: Current Status: rti? z. i l surr,? :U' r Patient's Goal: ??. Subjective Limitations: W. -541h?s a e o identify difficulty with the followi activities: Q? r j Educational Back ound: L .V. 14 . S . uraa?? Other Vocational Skills: lracylUeLs Alm l to m loy ent: Recommendations and Plans: ng job related Nat Ralf en bush, CRC > BIOFEEDBACK SESSION Patient Name: (k_S;(RA Date O Time # Y. Type of Session: va Orientation NERWuMcu r e- ucation A quatics Relaxation t/ Office Conditions: R Temperature -t Lighting: bright or ' med Patient position ?fiin 4i; ight chair, stool, other re ed My9JTkq 2 DIber: I nstrument Used: APP, Modality: EG BSR OTHERS Data Interval: 30 seconds Screen Size: Full 2 N/A Instrument Settings: Ban widthwide, smoothing - Ye No ulte steps Audio: o Voice Polarity Range Channel Tone C ftw-e Mandala: Polarity Range Animation Style Place and Type of Sensors: E G Ag/Ag chloride electrodes - Left/Ri forearm extensors, hands, arms, Myotrac 2 parameters headache evaluation, low back upper tra s, wrist to wrist. Are placements 1. Avg /actual bilateral Y Other 2. Peak / actual digit 3. Threshold / actual PP placed on righ ?gii nd sally 4. Bargraph on I off hermistor) plarig ha B placed on ls? and 3`d digits of right a 5. Sound on /off PNG abdominal / thoracic sensors used 6. Ratio EEG placement - monopolar, Cz or Bipolar with 7. Work / rest 8. Stim / control Subjective Information: Patient statee sh is feeling Present Medications: Session Duration: 30 45 60 minut Session Activities: Breathwork Muscle Recovery Muscle relaxation Pacing Demo Muscle Control BSR ua io Resonance Stress profile challenge SCL training Neuromuscular Re-education Movement, Balance, Coordination, Kinesthetic, Posture, Proprioception Sensitivity reduction Increased blood flow or Temperature training Respiratory Sinus Arrhythm! EEG-Training Type ALPHA Alpha/Theta SMR Heart Rate Training Other Hom work a me t provisi /literature for reading and instructions: ougla . Brown, BS, BCIA Biofee ack Therapist Clinical Super 'sors a , . - Physiological Stress Profile Date: I 1 z/0? 7 y? Dear Doctor: k/?7J Patient: n1 Le 696A ?i'1?1 ? tr The following is a review of the results that were recorded in my office using a multi modal approach that evidenced physiological reactivity. The modalities monitored were as follows: One channel of sEMG attached to the upper trapezius muscles ambilaterally; one channel of SCL (skin conductance) attached to the Left hand on the 1St and 3`d digits; one channel of TEMP (peripheral blood flow) attached to the 4th digit dorsally on the Left hand, and one channel of PPG (heart rate) attached to the 2"d digit of the Left hand. Each segment of the evaluation covered responses that included Resting, Relaxing with eyes closed, Respiration, Perception, Cognitive tasking, and a Physical stressor. The results are listed in the order in which they were recorded. Resting with eyes closed: The response indicated suggests that this patient IS VS NO bl to r lax. The EMG rgsponsq should decrease ,w„t' h eyes c osed. Respirations (3 breaths): First breath in microvolts2VIrsecond breath in microvolts , Third breath in microvolts /. Z . This level is normally at 4 microvolts. If this is substantially above 4 microvolts, then it is likely that the individual is breathing in a controlled way that is uncharacteristic of diaphragmatic Perception: Stroop Color Test Cognitive: Stress talk, H -words and math or counting Physical: (Ice Pack) Breathing was _ Stress reactivity is: H gK Patient was able to complete Sensitivity noted: T ! 7c-t Was able to tolerate for full m had to be removed a,jer seems f4 indicate 1AT No 74/ No if no, then the ice pack If sensitivity was noted, phi; The profile results are attached with the notes and hard copy. Clinician performing PSP: Concentration appeared difficult. Yes No. Resgqpses most sigpificantly reactive'.( FA7C e!#.r/ Y7 x„1 } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. NO. 04-1747 2004 ISSUE: Notice of Service of Answers to Plaintiff's First Set of Interrogatories Directed to Defendant, Aaron Creamer Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED I hereby certif a true and rr co.Ry_0a within was mailed all counsel of record this 6th da of November, 2007. Attorney ,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. JURY TRIAL DEMANDED NOTICE OF SERVICE OF ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT, AARON CREAMER TO: PROTHONOTARY You are hereby notified that on the 6TH day of NOVEMBER, 2007, defendant, AARON CREAMER, served Answers to Plaintiff's First Set of Interrogatories Directed to Defendant, Aaron Creamer on the Plaintiff by mailing the original of same via First Class U.S. Mail, postage prepaid, addressed to the following: Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 _ , HARTYE & SCHMITT By Attorneys f r De dant Aaron mer Louis C chmitt, Jr., Esquire PA .#52459 .O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 -Val 1-n f,r i MICHAEL W. SHEIBLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1747 CIVIL V. AARON CREAMER, CLIFTON SHAWN SPAULDING, AND ; MICHAELA R. MCCARVEY/SPAULDING : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3?d day of December, 2007, pursuant to a letter received from Counsel for the Defendants, IT IS HEREBY ORDERED AND DIRECTED that the previously filed Motion to Compel is deemed WITHDRAWN. By the Court, M. L. Ebert, Jr., J. Jason C. Imler, Esquire Attorney for Plaintiff 'r ?v t mss' mat l?c?.__ Louis C. Schmitt, Jr., Esquire Attorney for Defendants bas tT4? } @0@00al IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747 2004 Plaintiff, Vs. AARON CREAMER, ISSUE: Praecipe for Listing Case CLIFTON SHAWN SPAULDING, and for Trial MICHAELA R. MCCARVEY-SPAULDING, Defendants. Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED I hereby certify th=mailed correct copy of the withi to all counsel. ord this 26t" day of FebgVa- 2008. Attorney for PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: C?J for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) MICHAEL W. SHEIBLEY, vs. (Plaintiff) AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, (Defendants) vs. (check one) Q Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on and rvta a). a? - Trials commence on Tune 51,3' aD0$ Pretrials will be held on ?J-,tjk,.e? (Briefs are due 5 days before pretrials) No. 04-1747 2004 Term Indicate the attorney who will try case for the party who files this Praecipe: Louis C. Schmitt. Jr., Esquire, counsel for defendants Indicated trial counsel for other parties if known: This case is ready for trial. signed: Name: Date: February 26. 2008 Altatney-ror: Defendants Q w a 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL W. SHEIBLEY NO. 04-1747 2004 Plaintiff V. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHEALA R. MCCARVEY-SPAULDING Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Jason C. Imler, Esquire and the law firm of Handler, Henning & Rosenberg, LLP, in the above captioned matter on behalf of Plaintiff. Correspondence may be directed to me at the address below. Respectfully submitted, MOONEY & ASSOCIATES By: '" ---- - - Jason C. Imler, Esquire Attorney for Plaintiff I.D. # 87911 1300 Linglestown Road Harrisburg, PA, 17110 (717) 238-2000 • ?? ? .., q'?`_ ..? y?'? a?j'"s"7 .?w (,I ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL W. SHEIBLEY Plaintiff V. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHEALA R. MCCARVEY-SPAULDING Defendants NO. 04-1747 2004 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jason C. Imler, Esquire and the law firm of Mooney & Associates, in the above captioned matter on behalf of Plaintiff. Correspondence may be directed to me at the address below. Respectfully submitted, MOONEY & ASSOCIATES By: .? "laason C. Gler, Esquire Attorney for Plaintiff I.D. # 87911 1300 Linglestown Road Harrisburg, PA, 17110 (717) 238-2000 c a ^,? rnr; 'Cow r C? ? rj d MICHAEL W. SHEIBLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW AARON CREAMER, CLIFTON SHAWN SPAULDING and MICHAELA R. MCCARVEY-SPAULDING, Defendants 04-1747 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 27th day of May, 2008, upon consideration of the call of the civil trial list, and counsel for the parties at the call having indicated that this case should be stricken from the trial list, it is stricken from the trial list. By the Court, Jason C. Imler, Esquire 1300 Linglestown Road Harrisburg, PA 17110-2838 For Plaintiff /Louis C. Schmitt, Jr., Esquire P.O. Box 533 Hollidaysburg, PA 16648-0533 For Defendants Court Administrator :mae 5?24?08 ] 11i aJ @Moffm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, Plaintiff, vs. Defendants. NO. 04-1747 2004 ISSUE: PRAECIPE FOR LISTING CASE FOR TRIAL Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 : JURY TRIAL DEMANDED AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, I hereby certify that a true and correct copy of the within was mailed toy oeugsel of record fts-31sT day oj,,-` JULY, 20 /1- Attorney fg efen nts it v• PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: 0 for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) MICHAEL W. SHEIBLEY, (Plaintiff) VS. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, (Defendants) vs. (check one) 0 Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 04• o1. a and Trials commence on /y0V . I7 QOOq Pretrials will behold on 6L-?- ; 9_ -2CO57 (Briefs are due 5 days before pretrials) No. 04-1747 2004 Term Indicate the attorney who will try case for the party who files this Praecipe: Louis C SchmittJr Esquire counsel for defendants Indicated trial counsel for other parties if known: 9 Jason C Imler Esquire counsel for plaintiffs This case is ready for trial. Signed- Print me: Louis C . SchmittJr. Es uire Date: July 31, 2008 Attorney for: Defendants R .IVA .p c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL W. SHEIBLEY Plaintiff NO. 04-1747 2004 V. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHEALA R. MCCARVEY-SPAULDING Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR PROTECTIVE ORDER AND NOW, comes the Plaintiff, Michael W. Sheibley, by and through his attorneys, Mooney & Associates, by Jason C. Imler, Esq., and hereby moves this Honorable Court to issue an Order restricting the Defendants, Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey/Spaulding, from forcing Plaintiff to appear for a Defense Medical Examination over 100 miles from Plaintiff's, and avers as follows: 1. Plaintiff, Michael W. Sheibley, is an adult individual currently residing at 614 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Aaron Creamer, is an adult individual currently residing at 120 E. Dauphin Street, Enola, Cumberland County, Pennsylvania. 3. Defendant, Clifton Shawn Spaulding, is an adult individual currently residing at 12021 Skyline Road, NE, Albuquerque, New Mexico 87123. 4. Defendant, Michaela R. McCarvey/Spaulding, 12021 Skyline Road, NE Albuquerque, New Mexico 87123. 5. On or about February 10, 2005, Plaintiff, Michael Sheibley, filed a Complaint in the Court of Common Pleas of Cumberland County alleging he sustained personal injuries on August 22, 2002, as a result of an automobile collision that occurred on Apple Drive in Mechanicsburg, Cumberland County, Pennsylvania. 6. A Default Judgment was entered against all Defendants on or about July 25, 2006. 7. In April of 2007, a new counsel, Louis Schmitt of Hollidaysburg, PA, entered appearance on behalf of all Defendants. 8. Since that time the parties have engaged in additional discovery and attempts to resolve the matter through negotiations and the parties even unsuccessfully mediated the matter on July 23, 2008. 9. Following the unsuccessful mediation, the video deposition of Plaintiff's treating doctor, Stuart Hartman, D.O., took place on August 27, 2008. 10. By way of letter dated September 8, 2008, Defendants have requested that Plaintiff appear for a Defense Medical Examination with Fred K. Khalouf, D.O. at his office in Altoona, PA. (A copy of said letter is attached hereto, made a part hereof, and marked as Exhibit "A.") 11. Dr. Khaloufs office is located at 2005 Valley View Blvd., Altoona, PA 16602. 12. The distance between Plaintiff s home in Mechanicsburg and Dr. Khalouf s office in Altoona is just under One Hundred Thirty (130) miles. (A copy of Mapquest directions showing a distance of 129.5 miles is attached hereto, made a part hereof, and marked as Exhibit "B.") 13. It is believed, and therefore averred, that Dr. Khalouf has previously performed Defense Medical Examinations at the behest of Defendant's counsel or his firm. 14. Within an approximate thirty (30) mile radius of Plaintiff's home are dozens if not hundreds of other Osteopaths or Orthopods which can be found and are affiliated with Hershey Medical Center, Carlisle Regional Medical Center, Harrisburg Hospital - Pinnacle Health, Holy Spirit Hospital, York Hospital, and York Memorial Hospital. 15. On or about November 30, 2007, Defendants' counsel issued a letter indicating that he did not intend to have Plaintiff undergo any independent examinations. (A copy of said letter is attached hereto, made a part hereof, and marked as Exhibit "C.") 16. It is Plaintiffs position that Defendants' request that Plaintiff travel over two hours in each direction to be examined by their hand-picked doctor, at this stage in the litigation, is unreasonable given the availability of numerous qualified, and perhaps Defense oriented, practitioners within a relatively short distance from Plaintiffs home and the location where the action is pending. 17. Further, Defendants previously suggested that it was not their intent to have Plaintiff undergo any independent examinations and now, after Plaintiff has videotaped his expert for trial with the expectation that Defendants were not going to call an Osteopath or Orthopod as an expert witness, Defendants finally decide to have Plaintiff examined. If a Defense Medical Examination were to occur now, Plaintiff may have to re-videotape the trial testimony of his expert at substantial cost. 18. See Uhl v. C.H. Shoemaker & Son, 637 A.2d 1358 (Pa. Super. 1994), where the trial court denied the defendant's motion for an independent medical examination in plaintiffs personal injury suit. The Superior Court affirmed that denial on appeal. The court found that appellant/defendant failed to show good cause under Pa. R. Civ. P. 4010(a) for requiring appellee/plaintiff to undergo the exam. The court determined that appellant/defendant did not act diligently because the case commenced more than five years earlier, but appellant/defendant did not file its motion until shortly before it was to arrive on the trial list, which was five months after appellee/plaintiff videotaped his expert's trial testimony. The court also found that granting appellant's motion would have prejudiced appellee who videotaped his expert for trial with the reasonable expectation that appellant was not going to call an orthopedic surgeon as an expert witness. 19. Assuming, arguendo, that this Court does Order Plaintiff to attend an exam, Plaintiff should not be required to travel to Altoona. Rather, Defendants should be required to find an expert geographically closer to Cumberland County or arrange to have Dr. Khalouf travel to Cumberland County to perform the exam and provide any subsequent testimony. 20. In Judge v. Solid Waste Services Inc., 41 Pa.D. & C.4th 225 (C.P. Lackawanna, 1999), defendant sought to have plaintiff travel from his home in Dalton, Lackawanna County, to Wormleysburg, Cumberland County, for an exam. The distance was approximately 126 miles. Defendant offered to pay plaintiff's travel expenses and, if necessary, provide transportation to and from said exam. Plaintiff refused to agree to the exam, on the basis that the distance was unreasonable, and demanded that any exam take place in either Lackawanna or Luzerne County. The court agreed with plaintiff in that traveling a minimum of 100 miles, with a potential of traveling an excess of 126 miles is unreasonable, particularly in light of the fact that there are ample qualified physicians located within either Lackawanna or Luzurne County. The court held that defendants may only require plaintiff to undergo a medical exam in either Lackawanna or Luzurne County. 21. In Nacey v. E. R. Squibb & Sons, 38 Pa.D. & C.3d 197 (C.P. Allegheny, 1984), defendants attempted to force plaintiff to travel to Boston for a medical examination. Defendants did not file any information to establish that there were not similar specialists in Western Pennsylvania and, as such, defendants were entitled to a medical examination but, in the absence of compelling circumstances, plaintiff would not be required to travel to Boston for the examination. 22. It is anticipated that Defendants may cite Klusko v. Gains-Murfit Chevrolet, Inc., 16 Pa.D. & C.2d 86 (C.P. Bucks, 1958), where the defendant requested that plaintiff appear for a medical examination approximately 75 miles from home. However the case is clearly distinguishable because defendant was requesting that plaintiff appear for an exam in the town where the action was pending, and plaintiff chose to file suit. 23. It is also anticipated that Defendants may cite Meeker v. Sarris, 40 Pa.D. & C.2d 643 (C.P. Beaver, 1966), for the proposition that defendant, in seeking a physical exam of plaintiff, is not required to hold such exam in the county of plaintiff's residence or the county where suit was brought. However, in that case Plaintiff was asked to travel only a distance of 20 miles to the City of Pittsburgh. 24. See also an Order by Blair County Court of Common Pleas Judge Thomas Peoples, Jr., dated August 27, 2001, in the case of Forlina v. Bobetich, No. 1999 CP 6236, wherein the court, in response to a Motion to Compel the Plaintiff to Submit to a Physical Examination Ordered that the exam take place at a site located within Blair County by a doctor who was located in Uniontown, Fayette County, rather than forcing Plaintiff to travel to Uniontown, a distance of approximately 99 miles. (See August 27, 2001 Order, attached hereto, made a part hereof, and marked as Exhibit "D.") 25. Pa. R. Civ. P. 4012(a) states: Upon motion by a party or by the person from whom discovery or deposition is sought, and for good cause shown, the court may make any order which justice requires to protect a party or person from unreasonable annoyance, embarrassment, oppression, burden or expense, including one or more of the following: (1) that the discovery or deposition shall be prohibited; (2) that the discovery or deposition shall be only on specified terms and conditions, including a designation of the time and place; (3) that the method of discovery or deposition shall be only be a method of discovery or deposition other than that selected by the party seeking discovery or deposition; 26. The question whether good cause exists is a matter that falls within the discretion of the court. Allegheny West Civic Council Inc. v. City Council of Pittsburgh, 484 A.2d 863 (Pa. Cmwlth. 1984). 27. Pursuant to Local Rule 208.3(a)(2), Judge Ebert previously presided over a discovery status conference in response to a Motion to Compel certain discovery and issued Orders dated December 20, 2006 and January 29, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an Order prohibiting Defendants from having Plaintiff examined at this stage or, in the alternative, issue an Order directing Defendants to find a medical practitioner within a reasonable travel distance to Plaintiffs home or require that Defendants' arrange Dr. Khalouf s examination of Plaintiff, and any potentially subsequent deposition testimony, take place at a location within Cumberland County. Respectfully Submitted, MOONEY & ASSOCIATES Jason C. Imler, Esquire Attorney ID# 87911 230 York Street Hanover, Pennsylvania 17331 (717) 632-4656 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL W. SHEIBLEY Plaintiff V. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHEALA R. MCCARVEY-SPAULDING Defendants AND NOW, this ORDER NO. 04-1747 2004 CIVIL ACTION - LAW JURY TRIAL DEMANDED day of , 2008, it is hereby Ordered that Defendants are required to show cause why they should not be precluded from having Plaintiff submit to a Defense Medical Examination. J. McIntyre, Hartye & Schmitt LAW OFFICES September 8, 2008 Our Reference: PG 291 NH Jason C. Imler, Esquire Mooney & Associates 230 York Street Hanover, PA 17331 Re: Michael W. Sheibley v. Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey/Spaulding No. 04-1747 2004 Cumberland County Dear Mr. Imler: The independent medical examination of Michael Sheibley has been scheduled to take place on Thursday, October 2, 2008 at 1:00 pm at the medical offices of Fred K. Khalouf, D.O. Dr. Khalouf's medical office is located at 2005 Valley View Boulevard, Altoona, PA 16602. Dr. Khalouf's telephone number is (814) 941-3272. Please let me know immediately if for any reason Mr. She' is not able to attend his independent medical examination with Dr. Khalouf. Si , Jr. LCS:jm p [E cF. uec9 SEP 10 2(108 John L. McIntyre Frank J. Hartye Louis C. Schmitt, Jr. Heather A. Harrington Michael A. Sosnowski I Laura 0. Burke P.O. Box 533, Hollidaysburg, PA 16648 1 814-696-3581 1 Fax 814-696-9399 1 www.mhslawotfice.com . Driving Directions from 614 Apple Dr, Mechanicsburg, PA to 2005 Valley View Blvd, A Ak, M"Aftilp Total Time: 2 hours 11 minutes Total Distance: 129.50 miles A: 614 Apple Dr, Mechanicsburg, PA 17055-3471 Pagel of 2 ® Start out going NORTHWEST on APPLE DR toward E SIMPSON ST. ..... .... ...._ . 0.0 mi ... . _. _ ............... ..._..................................... -__................. ......... _.__...... - ............. .._.-._ ........ 2: Turn RIGHT onto E SIMPSON ST. 0.6 mi ... ................ _ ....._........__._.__. ......._....__.................. ...... ................_._..... ..... .. .......... ._............ _........ ........._.............................................................. .............. _._............... ................ _ _....... 3: E SIMPSON ST becomes SIMPSON FERRY RD. _ ..... 0.3 mi _ 4: Turn RIGHT onto WESLEY DR. 1.3 mi 5: Merge onto US-15 S toward GETTYSBURG. 1.0 mi Merge onto 1-76 W/PENNSYLVANIA TURNPIKE toward 6' PITTSBURGH/EXITS 226-2 (Portions toll). _...._............. _........ .._----- __........._..._._.... _.._._....... ....... ..........__................_...._._......_..._.. 91.5 mi _.........._.._..................................__...._..._..._......_....... Take EXIT 146 toward 1-99/BEDFORD/US- 7' 220/ALTOONA/JOHNSTOWN. 0.3 mi ... ® .. ......... _... ....... _ __-- -- . .......... ...... .... _.......... _........ ....... _.._ _.._..... _...._ ......... ......... _ 8. Turn LEFT onto US-220 BR. ...... 0.3 mi .... _ ......._....__..._.._...... _ ... ........ ....... .... ._ ..... _.............. _.. ..... ..... _...... Merge onto 1-99 N/US-220 N via the ramp on the LEFT 9' toward US-30/CUMBERLAND/ALTOONA. ......... ...... ....._. 321 mi 10: Take the FRANKSTOWN RD exit, EXIT 32, toward PA-36. 0.4 mi 11: Turn RIGHT onto FRANKSTOWN RD. 0.6 mi .... -........ _. _ .......__ ..._ _.............. ................. __...... .......... _ ...... ---._. . ...._........ _._...... ........._ .. Turn RIGHT onto PLEASANT VALLEY BLVD/US-220 ?p 12. BR/PA-36/E PLANK RD. Continue to follow US-220 BR N. 1.2 mi . --........__.................... _.__ ................ ..... .................. .... __._._._...__...... _..... _..._...._._............. _._.._---------- _._......... _._...... .... _.._................. ...... _..._._....... ..............................._....._.__..__.........._ __........_....._....__............ ...._........................ ® 13: End at 2005 Valley View Blvd Altoona, PA 16602-4548 B: 2005 Valley View Blvd, Altoona, PA 16602-4548 Total Time: 2 hours 11 minutes Total Distance: 129.50 miles http://www.mapquest.com/maps?lc=Mechanicsburg&ls=PA&I a=614+Apple+Drive&2c=... 10/2/2008 Drivjng Directions from 614 Apple Dr, Mechanicsburg, PA to 2005 Valley View Blvd, A... Page 2 of 2 All rights reserved. Use subject to License/Copyright Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use http://www.mapquest.com/maps? I c=Mechanicsburg& i s=PA& 1 a=614+Apple+Drive&2c=... 10/2/2008 MH&S McIntyre, Hartye & Schmitt LAW OFFICES November 30, 2007 Our Reference: PG 291 NH Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Re: Michael W. Sheibley v. Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey/Spaulding No. 04-1747 2004 Cumberland County Dear Mr. Imler: Thank you very much for your letter of November 21, 2007. 1 enclose a copy of letter to Judge Ebert requesting that the defendant's previously filed Motion to Compel be withdrawn. At this point, I do not intend to have your client undergo any independent examinations. I am in the process of scheduling Dr. Schatman's videotape deposition J !9,xAfse at trial. Louis C. Schmitt, Jr. LCS:lg John L. McIntyre Frank J. Hartye Louis C. Schmitt, Jr. Heather A. Harrington Michael A. Sosnowski I Laura 0. Burke P.O. Box 533, Hollidaysburg, PA 16648 1 814-6963581 1 Fax 814-696-9399 1 www.mhslawoffice, com DONNA G. FORLINA, Plaintiff V. VICTOR F. BOBETICH, Defendant THOMAS G. PEOPLES, JR. JOSEPH J. NYPAVER, ESQUIRE MATTHEW W. LENT, ESQUIRE COURT OF COMMON PLEAS OF BLAIR COUNTY, PENNSYLVANIA : No. 1999 CP 6236 PRESIDENT JUDGE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT ORDER NOW, this 27th day of August, 2001, the above- captioned matter having come before the Court for consideration of a Motion To Compel Plaintiff To Submit To Physical Examination filed by Victor F. Bobetich (hereinafter called Defendant) and the Court having heard oral argument by Matthew W. Lent, Esquire for the Defendant, and by Joseph Nypaver, Esquire for Donna G. Forlina (hereinafter called Plaintiff) at Motions Court on August 13, 2001, and the Court having reviewed the petition and the response filed thereto by Plaintiff as well as the brief filed by counsel for the Plaintiff as well as pertinent provisions in the Pennsylvania Rules of Civil Procedure it is concluded that the following Order is appropriate: IT IS HEREBY ORDERED, DIRECTED AND DECREED that the prayer of the instant motion To Compel Plaintiff To Submit To Physical Examination is granted to the extent that on September 13, 2001, at 10:30 a.m. the Plaintiff herein shall attend and undergo a physical examination by s Dr. William Mitchell at a site located within the County 'i of Blair, Pennsylvania which such site is to be chosen by the Defendant herein and made known to the Plaintiff not later than September 7, 2001, with the purpose of the '• examination being the development of a medical opinion for the Defendant as to the cause, nature and scope of the Plaintiff's injuries. (SEE: Pennsylvania Rule of Civil Procedure No. 4010(a)(3), et seq.) .f 4 gh 4 asyG.'geoples/, Jr. President Judge / 2 C? 'z MooNEY & ASSOCIATES 115 Carlisle Street 230 York Street New Oxford, Pennsylvania 17350 Hanover, Pennsylvania 17331 (717) 624-7054 (717) 632-4656 oQS6Sa?+pL ' q' 40 East Philadelphia Street 'OC koa -PeM17401 (717) 84 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SHEIBLEY, NO.: 2004-SU-1747 Plaintiff V. AARON CREAMER, SHAWN SPAULDING, and MICHELA McCARVEY, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Judith L. Forry, an adult individual, do hereby certify that I have served a true and correct copy of Plaintiffs Motion for Protective Order in the above-referenced matter by first-class United States Mail, addressed as follows: Mr. Louis C. Schmitt McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Date: October 16, 2008 By: ?. Judi L. Forry, Pat lega Moo y & Associates 230 York Street Hanover, Pennsylvania 1 (717) 632-4656 a cz, MICHAEL W. SHEIBLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AARON CREAMER, : CLIFTON SHAWN SPAULDING, and MICHEALA R. MCCARVEY-SPAULDING DEFENDANT NO. 04-1747 CIVIL ORDER OF COURT AND NOW, this 24`h day of October, 2008, upon consideration of Plaintiff's Motion for Protective Order, IT IS HEREBY ORDERED AND DIRECTED that the Defendants shall show cause why they should.not either: A. Arrange to have their previously chosen medical examiner, Dr. Khalouf of Altoona, conduct the Medical Examination and any subsequent deposition testimony at a site located within the County of Cumberland, Pennsylvania; or B. Arrange to have Plaintiff examined by a physician of Defendants' choice within a reasonable travel distance (approximately 30 miles) of Plaintiff's home in Mechanicsburg, Cumberland County, Pennsylvania. The Rule shall be returnable on or before November 14, 2008. ?Jason C. Imler, Esquire Attorney for Plaintiff ?Louis C. Schmitt, Esquire Attorney for Defendants bas COP res eyka'-ULL I aqlee Z- q11 By the Court, VNV i4i"4414 Z C f WV ? Z DO BDOZ MVIUNCU?A Jo .3014' C Q MICHAEL W. SHEIBLEY, Plaintiff v AARON CREAMER, CLIFTON SHAWN SPAULDING AND MICHAELA R. MCCARVEY-SPAULDING, Defendants #5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-1747 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 21st day of October, 2008, upon consideration of the call of the civil trial list, and no counsel having called the case for trial, the case is stricken from the trial list. By the Court, ,Jason C. Imler, Esquire 1300 Linglestown Road Harrisburg, PA 17110 fFor Plaintiff ./Louis C. Schmitt, Jr., Esquire P.O. Box 553 Hollidaysburg, PA 16648-0533 For Defendants Court Administrator Cary : ma e t_o r gS rn c LC I di ? F'? ?W. 1.. ?. ..?; ,_ a;?.? -'tr y, r j....?+-1 i... 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. ISSUE: RESPONSE TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER : Filed on Behalf of Defendants: : AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I. D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 4/696-3581 JURY TRIAL DEMANDED I hereby certify that a tru d correct copy of the within mailed to all yvps? counsel of nMwi:fthis 3`d day of At?w-.. w..lw.l'lwiww?lww?n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, : NO. 04-1747 2004 Plaintiff, VS. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. : JURY TRIAL DEMANDED PROPOSED ORDER AND NOW, this day of , 2008, upon consideration of Plaintiffs Motion for Protective Order and defendants' written response thereto, it is hereby ORDERED, ADJUDGED, and DECREED that the plaintiff shall: 1. Attend his physical examination with Fred K. Khalouf, D.O. of Altoona, Pennsylvania, as re-scheduled to take place on November 25, 2008, and cooperate fully with Dr. Khalouf during that examination; 2. Within thirty (30) days of the examination of November 25, 2008, submit to the defendants an itemization of reasonable travel expenses relating to the physical examination with Dr. Khalouf; and that 3. Within thirty (30) days of receipt of plaintiff's itemization of his reasonable travel expenses, defendants' insurance carrier, Progressive,' shall reimburse plaintiff's, reasonable travel expenses. BY THE COURT J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, NO. 04-1747 2004 Plaintiff, VS. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. : JURY TRIAL DEMANDED RESPONSE TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER AND NOW, come defendants, Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvey-Spaulding, by and through their attorneys, McINTYRE, HARTYE & SCHMITT, and file the following Response to Plaintiffs Motion for Protective Order: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Defendants are without sufficient knowledge or information, after reasonable investigation, to form a belief as to the truth of the allegations contained in paragraph 14 of Plaintiffs Motion for Protective Order. Those allegations are therefore denied. By way of further answer, the plaintiff is making complaints of chronic pain. Dr. Khalouf is a well-known chronic pain specialist, who holds a sub-specialty Board Certification in pain management. (See copy of Curriculum Vitae of Dr. Khalouf, attached hereto as exhibit "A".) 15. Denied as stated. To the contrary, defense counsel indicated in his November 30, 2007, letter that "[a]t this point," defense counsel did not intend for plaintiff to undergo an independent examination. That letter was written nearly a year ago. Additionally, as this Honorable Court can see from the last sentence of that correspondence, defense counsel was going to rely on the testimony of Dr. Schatman. Defense counsel did not know at that time that Dr. Schatman had relocated to the state of Washington, and would be unavailable to testify in this matter. Accordingly, defense counsel then moved forward with scheduling the plaintiff for a physical examination with Dr. Khalouf. 16. It is admitted that the plaintiff had set forth his position with regard to the physical examination by Dr. Khalouf. 17. Denied as stated for the reasons set forth in paragraph 15 above. 18. The allegations contained in paragraph 18 of plaintiffs Motion for Protective Order constitute conclusions of law of which no response is required. 19. The allegations contained in paragraph 19 of plaintiff's Motion for Protective Order constitute conclusions of law of which no response is required. 20. The allegations contained in paragraph 20 of plaintiffs Motion for Protective Order constitute conclusions of law of which no response is required. 21. The allegations contained in paragraph 21 of plaintiff's Motion for Protective Order constitute conclusions of law of which no response is required. 22. The allegations contained in paragraph 22 of plaintiffs Motion for Protective Order constitute conclusions of law of which no response is required. 23. The allegations contained in paragraph 23 of plaintiff's Motion for Protective Order constitute conclusions of law of which no response is required. 24. The allegations contained in paragraph 24 of plaintiff's Motion for Protective Order constitute conclusions of law of which no response is required. 25. The allegations contained in paragraph 25 of plaintiffs Motion for Protective Order constitute conclusions of law of which no response is required. 26. The allegations contained in paragraph 26 of plaintiffs Motion for Protective Order constitute conclusions of law of which no response is required. 27. Admitted. WHEREFORE, defendants Aaron Creamer, Clifton Shawn Spaulding, and Michaela R. McCarvy-Spaulding respectfully request that this Honorable Court order the plaintiff to attend his physical examination with Dr. Khalouf as re-scheduled to take on November 25, 2008. Respectfully subm' , Mcl , HAaTYE & S " MITT for Defendants Louis C-Schmitt, Jr., Esquire PA ID# 52459 P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 (814) 696-9399 FAX R C BIOGRAPHICAL Fred R. Xhalouf,DO,FACPM BIATHDATE: September 18, 1954 HOME 101 Mark Drive BIRTHPLACE: Altoona, PA ADDRESS: Hollidaysburg, PA 16648 HOME (814) 695-8741 CITIZENSHIP: U.S.A. PHONE: BUSINESS Pain Management Center ADDRESS: HealthSouth Rehabilitation Hospital 2005 Valley View Boulevard Altoona, PA 16602 PHONE: (814) 941--3272 FAX: (814) 944-7958 UNDERGFJWMTE : 1976 Saint Francis College B.S. Loretto, PA Biology 1981 Philadelphia College of D.O. Osteopathic Medicine Philadelphia, PA 1982-1984 Hospital of the University Residency of Pennsylvania Philadelphia, PA 1981-1982 Allegheny General Hospital Internship Pittsburgh, PA Internal Medicine APPOIN'I'ME 4 AND POSITIONS ACADEMIC- 1988-1998 University of Pittsburgh School of Medicine Pittsburgh, PA 1986-1988 University of Pittsburgh School of Medicine Pittsburgh, PA 10 'd 13N Xv ? clinical Associate Professor of Anesthesiology Assistant Professor of Anesthesiology 1 ;r r? Q:l Q?OG-7U'C3? nQ v 1987-1988 Eye and Ear Hospital Medical Director of Pittsburgh Same Day Surgery Pittsburgh, PA 1987-1988 Eye and Ear Hospital Medical Director of Pittsburgh Blood Gas Laboratory Pittsburgh, PA 1987-1988 Eye and Ear Hospital/ Co-Director of Anesthesia Presbyterian-University Service, Center for Hospital of Pittsburgh Cranial Base Surgery Pittsburgh, PA 2984-1987 Presbyterian-University Director, Division of Hospital Regional Anesthesia/Postop Pittsburgh, PA Pain Service, Department of Anesthesia 1984-1986 Presbyterian-University Coordinator of Medical Hospital Student Education Pittsburgh, PA Department of Anesthesia 1984-1981 Presbyterian-University Medical Coordinator Hospital Nurse Anesthetist in- Pittsburgh, PA Service Program, Dept.of Pittsburgh, PA Anesthesiology 1983-1984 Parkview Hospital Part-time Staff Physician Philadelphia, PA Emergency Medicine CERTZFICATION_zk= CENS M SPECIA= CFRT?PICATION: Diplomate of the American Board of Anesthesiology Recertification in the Subspecialty of Pain Medicine, September 2003 Diplomats of the American Board of Pain Medicine, September 1994 Fellow, American College of Pain Medicine, Examination Certified March 1994 Diplomats of the American Board of Anesthesiology, October 1986 H Sept Chror i c Pain: Evaluate and Tregt ofd Problems, Now ideas 1997 Case Management Insurance Advisory Board HealthSouth Rehabilitation Hospital Altoona, PA May Me C=grehengive an c m nt Qf Spa. ' c-i tV 1997 Continuing Medical Education Symposium HealthSouth Rehabilitation Hospital Altoona, PA April 8muta io Pain Control New TreAtmeat For Old Ideas 1997 Central Pennsylvania Amputee Support Group Altoona Hospital Center For Nursing Care Altoona, PA April Chart our Course Through Changing JiM@s-Djrectio2s For 1997 success Regional Case Management Conference HealthSouth Rehabilitation Network and the Penn State College of Health and Human Development, School of Nursing The Penn State Scanticon Conference Center Hotel State College, PA Feb Pain Contro'1 a_ d Occuga ' onal 7 ' 1997 Blair County Chamber of Commerce Safety/Risk Management Dept. Hors's Restaurant Altoona, PA Nov FAin Control For Geriatric Sn ne Disease 1996 HealthSouth Rehabilitation Hospital Medical Staff Grand Round Altoona, PA Sept Chronic Pain Manag erit Cancer Pain Control 1996 Windber Hospital Medical Staff Grand Rounds Windber Hospital, Windiber, PA a#iaq en April intermentional Pain 1996 Tyrone Hospital Medical Staff Ground Rounds _ Tyrone, PA M March Spinal Snacticity and tntrathecal Bac fen 1995 Continuing Education Seminar Association of Rehabilitation Nurses, Blair County Chapter Altoona, PA February 1994 March 1994 Chronic Pain AagM_ nt Query, ew The PMA Group, Lemoyne, PA Tec oy oci cal Advances in C =er and Ischemic Pain_ Syndromes HealSouth Rehabilitation Hospital of Altoona/Altoona Hospital Continuing Medical Education, Altoona, PA 21? d QN JU? did J C ; £0 Q?M ?00z-90-?3d March The Treatment of, Cancer Ar „r riathig EMi 1994 Continuing Medical Education Symposium Clearfield Hospital, Clearfield, PA November MigrAine Hgadachea . Di crno?sis and Treating 1993 Glaxo Pharmaceuticals Continuing Medical Education Seminars, Johnstown, PA October Cancer Pain Man gement 1993 Continuing Medical Education Seminar Mercy Hospital of Altoona, Altoona, PA September Tri gemin l N u ralgi a; gain Management TechniQues • A 1993 Look. to the Future Three Rivers Dental Conference Odontological Society of Western Pennsylvania Annual Scientific Program, Pittsburgh, PA June TnterventionaY Pai Cont'rn1 • The,gesthesjoloa sL' a 1993 Role- in the Psvcholgaical CpZ=eent df Pain Management Rehabilitation Hospital of Altoona Continuing Medical Education, Altoona, PA May 1993 Breaking t1ae Pain Cvc 1 e • The Pain Clinic' s Role in Pain Management- A Multidisciplinary &Mroach- -Humor. Hi-Tee . and TraditiMAl Regional Seminar, American Chronic Pain Support Group, Altoona, PA March N41 QEagc a Pa Dysf ction romaa 1993 Blair County Dental Society Continuing Medical Education Seminar, Altoona, PA October Treatment g Office Em rg c' es 1992 Western Pennsylvania Podiatric Surgery Annual Meeting Sheraton Station Square,, Pittsburgh, PA September Anesthetic o s' -derationg for the CraniSr?omv Patient ,,« 1992 American College of Osteopathic Neurosurgery 65th Annual Clinical Assembly Chicago, IL September Angs_the i c Considerations fo the Sni a $urge3nr Patient 1992 American College of Osteopathic Neurosurgery 65th Annual Clinical Assembly Chicago, IL September Role of Anesthesiologist in thg Care Qf Patient with Failed 1992 Bag %Su_gery Syndram_ e American College of Osteopathic Neurosurgery 65th Annual Clinical Assembly Chicago, IL September Calic Pain Manacr=ent 1992 Travelers Insurance Company Annual Inservice Training Conference Toftrees Country Club, State College, PA September .see? ected -T22i cs in Cancer Pain Management.: Advanced 1992 Technoloaieg in Cancer Pain X=aa t South Central Pennsylvania Chapter Oncology Nursing Society Mercy Hospital, Altoona, PA June Pain Control onti ns for tha Diabetic 1992 Mercy Regional Health System Altoona, PA June TMJ. "A_Lo -More Thah Just a Pain in tja Nom" 1992 Rehabilitation Hospital of Altoona Altoona, PA March Interstit'Al Pa„n K=aenent St?al'Cord Stim later 1992 and lmplantabie Pumbs Continental Rehabilitation Resources Company Pittsburgh, PA March $eflex Symvathetic Dystroti .end Sywathetic_XAint!%ined 1992 Pain Syndrome Blair Chapter, American Association of Rehabilitation Nurses Altoona, PA November Chronic Rain ?anacement for th! 190sp t'm Hot 1991 and What's Not Central and Western Pennsylvania Rehabilitation Consultants Rehabilitation Hospital of Altoona, Altoona, PA August The Trea==t of Chronic Pain 1991 Jersey Shore Hospital Medical Staff Meeting Jersey Shore, PA May Chronic Pain. Failed Back S rome 1991 Rehabilitation Hospital of Altoona/Altoona Hospital Scotch Valley Country Club, Hollidaysburg, PA April Chronic Pain Management 1991 Blair County Chapter of Medical Assistants Altoona Hospital, Altoona, PA April Chron Rain Syndrome and TUAtment 1991 Garrett County Medical Staff Garrett County Memorial Hospital Deep Creek, MD 8 :£G C. 'd ?u March Injury.-Chronic Pain, and Ratrurn to Work 1991 Rehabilitation Nursing Seminar Greater Pittsburgh Rehabilitation Hospital, Pittsburgh, PA March The reat=t of Chronic Pain 1991 Lock Haven Rotary Club Lock Haven, PA November danced Concegts j Cd=parA2hv 1990 American Osteopathic College of Anesthesiologists 38th Annual Convention and Continuing Medical. Education Seminar, Nashville, TN August Pain ++nageent/Treatr=t of Chronic Pain 1990 Arthritis Foundation, Central Pennsylvania Chapter, Sponsored by Pfizer Labs, Altoona, PA August Tb& Treatment of Chronic Pain 1990 Rotary Club of Altoona, Altoona, PA April The Injured Wo er 1990 Rehabilitation Nursing Seminar Sponsored by Travelers Insurance Company, Pittsburgh, PA March Chronic PaiU =d the Injured worker 1990 Pennsylvania Occupational Therapy Association District 4 Seminar, Altoona, PA December Compton Pain Syndrome 1989 Didactic Session, Pain Management Committee, Rehabilitation Hospital of Altoona, Altoona, PA October 1989 The Treatment of Qronic Pain Blair County Pain Support Group, Altoona, PA June 1989 An overvir,w g Anesthesia and Critical Care Mediccim Central Pennsylvania Chapter, American Association of Critical, Care Nurses, Altoona, PA June 1989 The Treatment of Chronic p,a;y'a Pain Control Center, Butterworth Hospital, Grand Rapids, MI June 1989 Preoperative Evaluation aad_Pgegaration oche Surgical Datignt Resident Lecture Series, Altoona Hospital Family Practice Residency Program, Altoona Hospital, Altoona, PA 9 We 6E ? EE Q3M ?CCU-??C-??? ' 90 'd UN 'iV..? May 1989 Tie ea mint of gong Pain Medical Transcription Colloquium, Altoona Hospital April 1989 Anegthesia for Ne"a oaicaal Surgery Didactic Session, Operating Room Nursing Division, Altoona Hospital, Altoona, PA April 1989 Qbstetric ll WAsthesia Maternal-Child Health Update '89, Central Pennsylvania Nurses Association of the American College of Obstetricians and Gynecologists, Altoona, PA January Postaceratiye ai jagenent with Intrathecal an_d 1989 _Foidt ral gu ate Department of Anesthesiology and Post Anesthesia Care, Altoona Hospital December Prob ems in the Rost Mess -the i ar Uni - 1988 Didactic Sessions, Poet Anesthesia Care Division, Altoona Hospital November Anesthesia for urolovical Surma 1988 Didactic Sessions, Nurse Anesthesia Division, Altoona Hospital October Pgsitioning in Anesthesia =d Surgery 1988 Didactic Sessions, Operating Room Nursing Division, Altoona Hospital October Ane t eia for Cr_an_ ial Base T=rs : Di aanosis and 1988 Treatment Symposium by the Center for Cranial,Base Surgery University of Pittsburgh School of Medicine August =ersal of Neuramuscular_Aelaxants 1998 Department of Anesthesia Inservice Lecture Altoona Hospital -?' April Anesthesia afoiC Otiht almQlogic Surgery 1998 Pittsburgh Ophthalmology Society, Pittsburgh, PA December Anesthesia -or =tha g1oc-zic Suraerr 1987 Ophthalmologic Surgery Grand Rounds, Department of ophthalmology, University of Pittsburgh, School of Medicine November Anesthesia -for Q=ial Ba -e T-umar_S-urag 1987 Cranial Base Tumors: Diagnosis and Treatment, Symposium by the Center for Cranial Base Surgery, University of Pittsburgh School of Medicine 1C We h£,?Q 4?M 9002-?0-33? G? ?y" September Regional vs General Anesthesia 1987 Orthopedic Surgery Grand Rounds, Department of orthopedic Surgery, University of Pittsburgh, School of Medicine August Posto a atjve Pain Man&q=qnt 1997 Didactic Sessions, University Health Center of Pittsburgh, School of Anesthesia for Nurses July 1987 ant1coagu atj on. Rj sks and Spinal/Foi.dural Angsthesj a Residents Journal Club, University of Pittsburgh July 1987 Didactic Sessions, University Health Center of Pittsburgh, School of Anesthesia for Nurses June 1987 Recti ial Anesthesia mild PostggerA jv ain lX a?aement PGY III lecture series, University of Pittsburgh May 1987 CoM icati ons in Ga diovascu_ldr Anes hesi a Didactic sessions, University Health'Center of Pittsburgh, School of Anesthesia for Nurses March 1987 P sttQreratiye Manaaement of Patients Having Regional h AUCAt esia Critical Care Nursing Seminars, Department of Nursing, University of Pittsburgh November o_ ope aativ_% Pain Management with Intz ?tha al and Boidura7 1986 0-piates Department of Anesthesiology, Veterans Administration Hospital, University of Pittsburgh September Recio?l hr esthe ' a and Postoperative Pain Xa-ge m nt 1986 PGY III lecture series, University of Pittsburgh September Beak, nal AMstthes_ia - C7 inig_ Abvjjcat j ans 1986 PGY III lecture series, University of Pittsburgh August 1986 Prst^ Brat ve Mama ent of Patients Having Regional Animathesia Critical Care Nursing Seminars, Department of Nursing, University of Pittsburgh July 1986 1jagsn_al Anesthesia Residents introductory-lecture series, University of Pittsburgh Julv 1966 TLoral Anes etics Residents introductory lecture series, University of Pittsburgh ?1 (?c EE??O OEM ?00?-BG-0?a July 1986 Regional Anesthesia Didactic sessions, University Health Center of Pittsburgh, School of Anesthesia for Nurses may 1986 ComnliGa_is in _ CgjALg_vAjgular Anesthesia Didactic sessions, University Health Center of Pittsburgh, School of Anesthesia for Nurses may 1986 Postoperative Pain Manaan=t with Epidural Narco i Department of Anesthesia and Medical Staff, CMS, Westmoreland Hospital, Greensburg, PA April 1986 PggtoperatiyeRain Manw==t with Ejoigbi a1 Narcotics orthopedic surgery Grand Rounds, Department of Orthopedic Surgery, University of Pittsburgh, school of Medicine March 1986 $e a os alAnesthesi a - Why? Mid-year Conference, American College of Osteopathic Anesthesiologists, Chicago, Illinois March 1986 Modgr-atoX Epidural and I rathecal Narcotic Session American College of Osteopathic Anesthesiologists, Chicago, Illinois January 1986 Mi duriLl_an_d ntrathrcal Qniates Orthopedic and Plastic Nursing Seminars, Department of Nursing, University of Pittsburgh December B= rma 1 oes hes i a . n the Operating Room 1985 PGY III Lecture Seriesl University of Pittsburgh December sez.onn al Anegthes-.a and o top Pain Manactemenb 1985 PGY III Lecture Series, University of Pittsburgh November Enid_url Narcotics 1985 Nurse Anesthetist Inservice Lecture, Presbyterian-University Hospital October 1985 Ane egi of og - An tngi a Lock at the Profession Mini series, WTAE Channel 4 News, Pittsburgh, PA October 1985 8dvanc a'di ac Life Su=p" University of Pittsburgh School of Medicine in cooperation with the Center for Emergency Medicine October 1985 ph-rmac-n1 oav of Local Aneg;he i cs PGY 11 Lecture Series, University of Pittsburgh October 1985 Anesthesia for Microvascular Surgery Grand Rounds, Department of Plastic and Reconstructive Surgery, University of Pittsburgh, School of Medicine 12 -3? a 'uN {?_ nc n i sem 900MC ?ra August 1985 Advanced Cardiac Life Sunnort Children's Hospital of Pittsburgh House Staff in cooperation with the Center for Emergency Medicine July 1985 Regional Anesthesia Residents Introductory Lecture Series, University of Pittsburgh June 1985 Myths and Postoperative Manaaw nt of Waal Anesthesia Orthopedic Nursing Seminar, Department of Nursing, University of Pittsburgh May 1985 Complications in car aovasct Azar h s a _ Didactic Sessions, University Health Center of Pittsburgh, School of Anesthesia for Nurses April 1985 Advanced Cardiac Life, S=port University of Pittsburgh School of Medicine in cooperation with the Center for Emergency Medicine March 1985 Peri opera -i ye H.)=tension PGY II Resident Lecture Series, University of Pittsburgh, Department of Anesthesiology December Regional Anesthesia -- Why My Patient? 1984 Surgical Grand Rounds, Department of Surgery, University of Pittsburgh, School of Medicine November Premedication -- Art o Seance? 1984 Nurse Anesthetist Insetvice Lecture, Presbyterian- University Hospital October 1984 Pharmacology of Local Anesthesia PGY II Lecture Series, University of Pittsburgh September Regional Anesthesia Part I 1984 PGY III Lecture Series, University of Pittsburgh September Reaiona ane heaia Part II 1984 PGY III Lecture Series, University of Pittsburgh October 1983 =t Dural Puncture Qep alo a Residents Conference, University of Pennsylvania August 1983 The Use of Inotrones and Vaga ilatQrs after. Cardiomulmonarv B ass Residents Seminary, Deborah Heart and Lung Center, Brown Mills, New Jersey 13 did EE : E0 Q?M 900c-6C-23 a ,- r 'CAN - September Pggt-Oo r?g atiye Aecovery„gf Pulmonary Function 1982 In-Service Seminar, Department of Critical Care Nursing University of Pennsylvania September Anes=Stic Management of, the Patj=t with Congenital 1982 Dvstonia MusGulpZ Defarmans Case Conference, University of Pennsylvania April 1982 ldionathic P_urpoura Department of Internal Medicine, Allegheny General Hospital February Chloride R sis nt Metabolic Alkalosis Secondary tg 1982 ACTH ?ro UgJag_Q_ariari C&cinoma Residents Conference, Department of Internal Medicine Allegheny General Hospital MEETINGS ATTENDED: May Advanced Lumbar Cadaver Workshop 1999 Inernational Spinal Injection Society Washington, DC Dec Postgraduate Assembly in Anesthesiology 1997 The New York State Society of Anesthesiologists New York, NY Oct Oncologic Rehabilitation Symposium 1997 HealthSouth Rehabilitation Hospital Altoona, PA May The Comprehensive Management of Spasticity 1997 American Sports Medicine Institute Birmingham, AL February The Comprehensive Management of Spasticity 1997 HealthSouth Rehabilitation Hospital Altoona, PA February Multidisciplinary Review and Update in Pain Medicine 1997 Allegheny General Hospital Pittsburgh,.PA January Brain Attack: Diagnosing and Managing strokes 1997 HealthSouth Rehabilitation Hospital Altoona, PA June Radiofrequency Techniques in the Management of Chronic Pair 1996 Maricopa Health System Philadelphia, PA 14 ON XF ? G?c C£ ? ?? Q3M ?OOc-'C-33.? ;? _ February Review and Update in Pain Medicine 1996 Allegheny General. Hospital Pittsburgh, PA February The Comprehensive Management of Spasticity 1996 HealthSouth Medical Center Orlando, FL October American Society of Anesthesiologists Annual Meeting 1995 Atlanta, GA November American Pain Society, 13th Annual Scientific Meeting 1994 Miami Beach, FL February Acute and Chronic Pain Management 1994 Allegheny General Hospital/Medical College of Pennsylvania Pittsburgh, PA October American Society of Anesthesiologists Annual Meeting 1993 Washington, DC June Comprehensive Review of Pain Management 1993 Harvard medical school Boston, MA February Selected Issues in Chronic and Acute Pain Management 1993 Allegheny General Hospital Continuing Medical Education Pittsburgh, PA March Chronic Pain and Stroke 1992 NME Rehabilitation Hospital Division Florida Medical Association Naples, YL October American Society of Anesthesiology 1991 Annual, Meeting, Review Session and Scientific Seminar San Francisco, CA Aug Advanced Pain Therapy Workshop 1991 Mark L. Gostine, MD Pain Control Center, Butterworth Hospital Grand Rapids, MI May Chronic Pain: Failed Back Syndrome 1991 Rehabilitation Hospital of Altoona/Altoona Hospital Scotch Valley Country Club, Hollidaysburg, PA February interventional Pain Management Workshop' 1991 Dannemiller Memorial Educational Foundation Scottsdale, AZ 15 T ?N :?5r pia Oti £J GEM 9002- G-B?? d Nov Robert D.Dripps Memor-al Conference 1990 Department of Anesthesiology, University of Pennsylvania School of Medicine, Philadelphia, PA June Interventional Technique Workshop 1990 University of Kentucky and the Saint Anthony Medical Center, Columbus, OR April Fifth Annual Meeting of the Society for Ambulatory 1990 Anesthesia, Baltimore, MD February 16th Annual Vail Conference in Anesthesiology, 1990 Vail, Colorado December Postgraduate Assembly in Anesthesiology, New York 1989 State Society of Anesthesiologists, New York, New York August 1989 Pain and Cancer: Innovations in Pain Control, University of Pittsburgh Pain Evaluation and Treatment Institute, Pittsburgh, PA June 1989 Anesthesia for the Unstable Cardiovascular Patient, American Society of Anesthesiologists, Boston, Massachusetts February 14th Annual Vail Symposium in Intensive Care, 1989 Vail,' Colorado January Propofol Symposium: A Comprehensive Review of Its Pharmaco- 1989 logy, Systemic Effects,.and Utility in Anesthesia Naples, Florida December Postgraduate Assembly in Anesthesiology, New York State 1988 Society of Anesthesiologists, New York, New York November Robert D. Dripps Memorial Conference, University of 1988 Pennsylvania, School of Medicine, Philadelphia, PA October Symposium on cranial Base Tumor Surgery, Center for cranial' 1988 Base Surgery, University of Pittsburgh, School of Medicine Pittsburgh, PA November Symposium on cranial Base Tumor Surgery, Center for Cranial 1987 Base Surgery, University of Pittsburgh, School of Medicine Pittsburgh, PA October American Society of Anesthesiologists, Annual Meeting, 1987 Atlanta, GA March 1987 American Society of Regional Anesthesia, Annual Meeting, Orlando, FL 19 r 'ON :??= lid WH 03-M 90H_G C-37. September 1980' March 1986 Regional Anesthesia Workshop American Society of Regional Anesthesia, Charleston, South Carolina Mid-Year Review Conference, American College of Osteopathic Anesthesiologists, Chicago, Illinois January 1986 Aminoglycosides - Current Trends Puerto Vallarta, Mexico April 1985 Sutopharol Anesthesia - The Use of an Agonist/Antagonist Scottsdale, Arizona March 1985 American Society of Regional Anesthesia, Annual Meeting, Washington, D.C. 1. Khalouf FK, Kunkel FA, Freeman J: Stretching with Obstruction of an Epidural Catheter. Anesthesia and Analgesia, 66: 1202-1203, 1987. 2. Khalouf FK, Gonzalez RM: Special Anaesthesia Challenges in Surgery of the Skull Base. Tn S]I=ical Manacro t of Tu=rs at the'Cranial Base, edited by C. G. Jackson, Churchill Livingstone, New York, 1990. RESFARCH : Liposome Encapsulation of Local Anesthetics Free Tissue Transfer using Epidural Anesthesia Dermatomal Somatosensory Evoked Potential Monitoring of Spinal Anesthesia Rev 3104 17 VI -d 100 X?; W- Cti ; £0 GM 900-E-6-C- 2E -, y ,i MICHAEL W. SHEIBLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHEALA R. MCCARVEY-SPAULDING DEFENDANT NO. 04-1747 CIVIL ORDER OF COURT AND NOW, this 30th day of January, 2009, upon consideration of Plaintiff's Motion for Protective Order and the Defendants' Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall: A. Arrange to have their previously chosen medical examiner, Dr. Khalouf, of Altoona, conduct a medical examination and any subsequent deposition testimony at a site located within Cumberland County Pennsylvania OR in the alternative, B. Arrange to have the Plaintiff examined by a physician of the Defendants' choice within 50 miles of the Plaintiff's home in Mechanicsburg, Cumberland County, Pennsylvania. -,, Jason C. Imler, Esquire orney for Plaintiff ?.-. i C. Schmitt, Esquire Attorney for Defendants bas UPre-s ,.,aA-,:cC a/a /os By the Court, M. L. Ebert, Jr., J. T11 @12010C ERA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MICHAEL W. SHEIBLEY, NO. 04-1747 2004 Plaintiff, vs. AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING, Defendants. : ISSUE: PRAECIPE TO DISCONTINUE Filed on Behalf of Defendants: AARON CREAMER, CLIFTON SHAWN SPAULDING, and MICHAELA R. MCCARVEY-SPAULDING Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED I hereby certify that a tr correct fr copaf.#q?withi as mailed to all counsel of record this 28TH day of December. 2009. Attorney for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL SHEIBLEY, plaintiff V. AARON CREAMER, SHAWN SPAULDING, and MICHELA McCARVEY, Defendants NO.: 2004-SU-1747 CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-captioned matter settled, satisfied and discontinued. Thank you for your assistance with this matter. Respectfully Submitted, MOONEY & ASSOCIATES Date: 12,1 (1 u ason C. le uire 230 York Street Hanover, PA 17331 717-6324656 Attorney for Plaintiff Attorney ID #: 87911 RLED- ?YFia;E , THE F 7, . 'NARY 11 2009 DEC 3G PM 1: 22