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HomeMy WebLinkAbout01-1929 o DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff, ' CUMBERLAND COUNTY, PA v. · No. 01-1929 ROSE DELORES PRINDLE, · CIVIL ACTION- LAW EXEL LOGISTICS, INC., · a/k/a EXEL, INC., and · EXEL LOGISTICS, · a/k/a EXEL, INC. · Defendants · JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 DEANNA M. MURRAY, ' IN THE COURT OF COMMON PLEAS Plaintiff, · CUMBERLAND COUNTY, PA V. · No. 01-1929 ROSE DELORES PRINDLE, ' CIVIL ACTION- LAW EXEL LOGISTICS, INC., . a/k/a EXEL, INC., and . EXEL LOGISTICS, . a/k/a EXEL, INC. . Defendants ' JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notifieaeion. Usted debe presentar una aparieneia escrita o en persona a por abogado y archivar en la eorte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 · T ! · , . DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff, ' CUMBERLAND COUNTY, PA V. · No. 01-1929 ROSE DELORES PRINDLE, ' CIVIL ACTION- LAW EXEL LOGISTICS, INC., . a/k/a EXEL, INC., and . EXEL LOGISTICS, . a/k/a EXEL, INC. . Defendants ' JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Deanna M. Murray, by and through her attorneys, HANDLER, HENNING, & ROSENBERG, by Stephen G. Held, Esquire, and makes the within Complaint against the Defendants, Rose Delores Prindle, Exel Logistics, Inc., a)k/a Exel, Inc., and Exel Logistics a/k/a Exelnlnc., as follows: 1. Plaimiff, Deanna M. Murray, is an adult individual currently residing at 33 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Rose Delores Prindle, is an adult individual currently residing at 31 Old Mill Road, Dillsburg, York County, Pennsylvania 17019 3. Defendant, Exel Logistics, Inc., a/k/a Exel Inc., and Exel Logistics a/k/a Exel, Inc., is a corporation currently doing business at 501 West Schrock Road, Westerville, Ohio 43081. 4. At all times material hereto, Plaintiff, Deanna M. Murray, was a passenger in a ! 987 Ford Aerostar m/n/van bearing the license plate nmnber PA ZET 890, that was insured by Erie Insurance Group under which motor vehicle insurance policy, Plaintiffwas covered by the Full Tort Option which was in effect on April 26, 1999.. 5. At all times material hereto, Defendant, Rose Delores Prindle, was the operator of a vehicle owned by, Exel Logistics, Inc., a~a Exel, Inc., and Exel Logistics, aJ~a Exel, Inc. beating the license plate number PA AB98226. 6. On or about, April 26, 1999, at approximately 1-! 5 p.m., Defendant's vehicle was immediately behind Plaintiff's vehicle on Silver Springs Road. Plaintiff's vehicle was waiting to turn into the Karn's Market parking lot. Plaintiff' s vehicle had its turn signal on. 7. At approximately that same time and place, Defendant failed to observe Plaintiff's vehicle and, suddenly and without warning, the full-sized tractor trailer being operated by the Defendant plowed into the rear of Plaintiff's vehicle at approximately 40 mph. 8. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Deanna M. Murray sustained extensive injuries as set forth more specifically below. C__~OUNT I NEGLIGENCE 9. Paragraphs 1-8 are incorporated herein as if set forth at length. 10. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff's vehicle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before plowing into Plaintiffs vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiffs vehicle; (d) In failing to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to keep a proper lookout for vehicles lawfully on Silver Springs Road; (h) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa. C.S.A. ~ 3714; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and 3 , (j) In driving her vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 11. As a direct and proximate result of the negligence of the Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered extensive and serious personal injuries, including, but not limited to, injuries to her neck, back and a six-inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal sears from the work at L 4/5. 12. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 13. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indef'mite period of time in the future, to her great physical, emotional, and financial detriment and loss. 14. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 15. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a result of negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 17. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Rose Delores Prindle, in an amount in excess of twenty-f~ve thousand dollars ($25,000.00), exclusive of interest and costs, and demands a trial by jury. COUNT I_II _ VICARIOUS LIABILITY__ 18. Paragraphs 1-17 are incorporated herein as if set forth at length. 19. At all times material to this action, Defendant, Rose Delores Prindle, was an agent, servant, and/or employee of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a~a Exel, Inc. 20. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, ROse Delores Prindle. 21. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Rose Delores Prindle, occurred while acting in and upon the business of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., and within the course and scope of her employment with said Defendant. 22. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, aYk/a Exel, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Deanna M. Murray, which include, but not limited to, injuries to her neck, back and six inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. 23. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 24. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 25. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has been compelled, in order to 6 effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 26. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 27. As a result of negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 28. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the lost wages and income Plaintiff, 29. Deanna M. Murray has suffered and will in the future continue to suffer a loss of income and/or loss of earning capacity. 30. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the great physical pain, discomfort, and mental anguish Plaintiff, Deanna M. Murray has suffered will continue to endure the same for an indefinite period of time in the future. 31. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, aYk/a Exel, Inc., is vicariously liable for the expenses Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 32. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the for the great detriment and loss Plaintiff, Deanna M. Murray, has suffered and will continue to suffer, from losing life's pleasures. 33. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a~a Exel, Inc., is vicariously liable for hindering Plaintiff, Deanna M. Murray, from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 34. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaimiff, Deanna M. Murray, seeks damages from Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/~a Exel, Inc., in an mount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by jury. Respectfully Submitted, HANDLER, HENNING & ROSENBERG Date' '"'~t ~~,0~ By: Attorney ID # 72663 1300 Linglestown Road PO Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff VERIFICATION I, Deanna M. Murray, verify that the statements made in the preceding document are tree and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. I~eanna M. Murray Date: ,~- CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2001, I hereby certify that I have, on this date, served the within Complaint upon the Defendant, by sending a tree and correct copy of same to his attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17018 HANDLER, HENNING & ROSENBERG Patricia Kohnl~n ~>.~- o ~ ~ ' ~ ,.,,~ o ,~ ..... , ........ . - o-= ~1~~~ ,.., ... .... 8~ o~_ I~~ ":': ' ' -.' ~ ~ E8 n ~ ..-'.. ....... ,..: m ~ ~ ~ffi ,-~-.. ~ i".. ' ' -. . · . . ... . .7'" ~. ~ ..... : " ~"t Commonwealth of Pennsylvania County of Cumberland DEANNA M. MURRAY, 33 Millersgap Road Enola, PA 17025 VS. ROSE DFJ3~RES PRINDLE, 31 Old Mill Road Dillsburg, PA 17012 Court of Conunon Plea~ and 01-1929 Civil Term EXEL LOGISTICS, INC. No. 19 .... A/K/A ~., INC. Civil Action - Law 501 W. Schrock Road In ............... Westerville, OH 43081 and EXEL LOGISTICS A/K/A EXEL INC. c/o CORPORATION SERVICE COMPANY 2704 Commerce Drive', Suite B Harrisburg, PA 17110 To: Rose Delores Prindle, Exel Logistics, Inc. A/K/A Exel, Inc. and Exel Logistics, You are hereby no6fied ~hat A/K/A Exel, Inc. Deanna M. Murray __ the Plaintiff has commenced an acdon in ...... _C_ !_v_ '_i _i__ActiOn - Law .......... against you which you are required to defend or a default judgment may be entered ag'~nst you. (SEAL) Pro~ono~ry Date _- April 3, 2001 19_ DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS 33 Millersgap Road · CUMBERLAND COUNTY, PENNSYLVAIA Enola, PA 17025, · CIVIL ACTION - LAW Plaintiff ' ('-) o[.(~ ROSE DELORES PRINDLE, : 31 Old Mill Road : Dillsburg, PA 17012 : and ' EXEL LOGISTICS, INC., : A/K/A EXEL, INC. : 501 W. Schrock Road : Westerville, OH 43081 ' and : EXEL LOGISTICS : A/K/A EXEL, INC. : c/o CORPORATION SERVICE COMPANY : 2704 Commerce Drive, Suite B ' Harrisburg, PA 17110, ' Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY' Please issue a Writ of Summons on behalfofPlaintiffDeanna M. Murray upon Defendant Rose Delores. Prindle, Defendant Exel Logistics, Inc., A/K/A Exel, Inc. and Defendant Exel Logistics, A/K/A Exel, Inc. at the addresses listed above. HANDLER, ItENNING ~~en~.H, q ' Attorney I.D. ~72663 1300 Linglestown Road P.O. Box 1177 {~~ Ha~isburg, PA 17108-1177 Dated: ~ '[0{ Attorneys for Plaintiffs DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION- LAW v. : No. 01-1929 ROSE DELORES PRINDLE, : EXEL LOGISTICS, INC., : A/K/A EXEL, INC. and : EXEL LOGISTICS, A/K/A EXEL, INC.,: Defendants : JURY TRIAL DEMANDED PROOF OF SERVICE AND NOW, this o~)~'- day of April, 2001, I hereby certify that I have served the attached Writ of Summons upon Defendant Exel Logistics, Inc., A/K/A Exel, Inc. by sending a Certified copy of same to them via United States Certified Mail # 7000 1670 0005 2767 6664 at the following address as evidenced by the attached receipts. Exel Logistics, Inc. A/K/A Exel Inc. 501 W. Schrock Road Westerville, Ohio 43081 HANDLER, HENNING & ROSENBERG Hel~Esqmre S~l~en {3. ' .e/ Attorney I.D.//72663 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108-1177 Attorneys for Plaintiffs ~ Postage $ ri ru Certified Fee Postmark t.r'l Return Receipt Fee Here r-1 (Endorsement Required) r-~ Restricted Delivery Fee .. r'l (Endorsement Required) Total Postage & Fees $ ri | Sent To . - = L.~..o.~.. ~...s~~_. ~~. ........ r"l ! City, Slate, ZIP+4 .......................................... ... item 4 if Restricted Delivery is' desired. · Pdnt your name and address on the reverse _,, -- - so that we can return the card to you. - - natuj~-~ · Attach this card to the back of the mailpiece,I ~/' ~ ~ ~r Agent ,~' .. b~Addressee'' or on t~e fron~, s~oe ~erm,,~. ' '~ L ~" / 9~Yes D. Is delive~ addm~nt ~m it~ 1. 1. A~icle Addm~ to: If YES, enter delive~ address below:~--~ ~ No ~l ~' ~~r0 3. Sewice Type ~ ~ ~Ce~ifi~ Mail ~ ~pmss Mail ': ~~er~, J(~) ~ ~ ~30~ I ~ Registe~ ~ Return Receipt for Memhandise ' O Insured Mail B C.O.D. 4. Restrict~ Deliver? (~tm F~) ~ Yes ':~ . ~. A,icle ~~~¢~~,ce lab;i) ~ " ~S Form ~'ZU*¢ ~/ Dom.tic Reiur; R~eipt - ' 102595-00-M-0952 Commonwealth of Pennsylvania County' of Cumberland DEANNA M. MURRAY, 33 Millersgap Road Enola, PA 170 25 VS. ROSE DEIX)RES PRINDLE, 3i Old Mill Road Dillsburg, PA 17012 and Court of Conunon Pleas EDfEL LOGISTICS, INC. No. _ 01-1929 Civil Term A/K/A EXEL, INC. - ................................... [9 .... 501 W. Schrock Road In Civil Action - Law Westerville, OH 43081 ...................... and EXEL LOGISTICS A/K/A EXEL INC. c/o CORPORATION SERVICE COMPANY 2704 Commerce Drive., Suite B Harrisburg, PA 171]' 0 To: Rose Delores Prindle, Exel Logistics, Inc. A/K/A Exel Inc and Exel Logistics, You are hereby no6fied that ' ' ..... Deanna M. Murray A/K/A Exel, Inc. the Plaintiff has commenced an action in ...... _C_.i_v__i_l__A_c_tion - Law .-. :.. against you which you are required to defend or a default judgment may be entered against you. :" .. · TiUE COPY' FROM RECORD Testimony whereof, I her~ u,to. set mv h~nd. ,,.. ............... '~,~ Z.~ -., · .,:. Prothonotary - . Date April 3, 2001 19_ '~.~-,~4~~_ " .. '~. Stephen E.-Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 Attorneys for Defendants: E-Mail: se~.tthlaw.com ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. 01-1929 Civil Term : CIVIL ACTION - LAW ROSE DELORES PRINDLE, : EXEL LOGISTICS, INC., : a/k/a EXEL, INC. and · EXEL LOGISTICS, a/k/a : EXEL INC. , : Defendants : .PRAECIPE FOR ENTR~ OF TO THE PROTHONOTARY- Please enter the appearance of StePhen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Rose Delores Prindle, Exel Logistics, Inc. and Exel Logistics, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By' :130041.1 ST ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~~ day of April, 2001, on all counsel of record as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire 30042.1 Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 Attorneys for Defendants: E-Mail: se.q~.tthlaw.com ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · v. · NO. 01-1929 Civil Term · CIVIL ACTION - LAW ROSE DELORES PRINDLE, ' EXEL LOGISTICS, INC., ' a/k/a EXEL, INC. and ' EXEL LOGISTICS, a/k/a ' · EXEL INC. , Defendants ' PR~CIPE AND RULE TO FILE A COMPLAINT. TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP '130044.1 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS RULE NOW, ~~y-~~ , 2001, RULE IS ISSUED AS ABOVE. v - Prothonotary ~7~ Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 Attorneys for Defendants: (717) 237-7100 ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS ·. . · IN THE COURT OF COMMON PLEAS OF DEANNA M. MURRAY, . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff · · · NO. 01-1929 civil Term v. · CIVIL ACTION - LAW · · ROSE DELORES PRINDLE, · EXEL LOGISTICS, INC., · a/k/a EXEL, INC. and EXEL LOGISTICS, a/k/a ' · EXEL INC. , : Defendants TO THE PROTHONOTARY OF SAID COURT' Please file of record the attached Certificate of Service which served the Rule to File a Complaint upon Plaintiff issued by the Prothonotary of cumberland County on May 3, 2001, with regard to the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP · 131009.1 Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELO~S pRI~LE an~ E~L LOGISTICS, INC. an~ E~L LOGISTICS Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAs, THOMAS & HAFER, LLP Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: ~ ,-,__ ROSE DELORES PRINDLE EXEL LOGISTICS Attorneys for Defendants: °~~~ ~. ~_~.~~, ' ~~n~~ : ~_ T~ co~ o~ co~o _ ' CUMBERLAND COUNt'- _ N PLEAs OF v. : ~z, PENNSYLVANIA ' NO. 01-1929 Civil Term ROSE DELOREs PRINDLE, ' CIVIL ACTION_ LAN EXEL LOGISTICS, INC. ' a/k/a EXEL, INC. and . EXEL LOGISTIcs, a/k/a ~ o ~C~ ..E~.~ , ·o ~ ~o~o~o~~ o~ s~~ co~ Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or sUffer a judgment of non ~ros. Respectfully submitted,  T~O~, T~O~ & ~R, LLP . By- ' E =' ~QUIRE Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELO~s PRI~LE and E~L LOGISTICS, INC. and E~L LOGISTIcs CERTIFICATE OF SERVICE I hereby certify that a true and COrrect Copy of the foregoing RULE TO FILE COMPLAINT was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of May, 2001, on all COunsel of record as follows. Stephen G. Held, Esquire HANDLER, ~ENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP · 130042.1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE SERVIN~ THE EXECUTED RULE TO FILE A COMPLAINT EXECUTED BY THE CUMBERLAND COUNTX PROTHONOTARX ON MAX 3, 2001 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the~ day of May, 2001, on all counsel of records as follows. Stephen G. Held, Esquire HANDLER, ~ENNIN~ & ROSENBER~ Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS , T~OMAS & HAFER, LLP SHERIFF ' S RETURN _ CASE NO: 2001-01929 p OUT OF COUNTy COMMONWEALTH OF PENNSYLVANIA. COUNTy OF CUMBERLAND. VS · , Sheriff or Deputy Sheriff who being duly SWorn according to law, says, that he made a dili~ent search and and inquiry for the Within named ~T ~ , to wit. but was unable to locate Her ~ ~n his bailiwick deputized the sheriff of YORK· He therefore  County, Pennsylvan/a, to serve the Within WRIT OF SUMMONs attached return from ~ffice wa ' . e Sheriff ' s Costs. · Docketing Out of Count 18.00 So answ. Surcharge Y 9.00 . -- Dep. York Co 10.00 :~ ~ · · Omas K1/ne 36 56 She~:~'~s Kli~ .00 ~ of Cumberland County 05/03/2001 HANDLER, HENNING & ROSENBERG SWorn and subscribed to before me this ~ day o~~/~ SHERIFF,s RETURN _ OUT OF COUNTy CASE NO: 2001-01929 p COMMONWEALTH OF COUNTy O ~, .... PENNS YLVA ~~ F ~_ u~,~ERLAND .... ~. VS · , , Sheriff or Deputy Sher' ~ ~n his bailiwick deputized the sheriff of ~ · He therefore County, Pennsylvania to serve the Within WRIT OF SUMMONs , r ~-ic attached return from /ce was ' . Sheriff ' s Costs. · Docket in~ Out of County 6.00 So answers. ~. Surcharge 9.00 .-...-...:.~ Dep. Dauphin Co 10.00 ...... ~ Sheriff of Cumberland County o~ .25 05/03/2001 HANDLER, HENNING & ROSENBERG Sworn and subscribed to before me this ~ day of ~ Solicitor ..,_ aC~Lo~ck Commonnealth of pennSylvania 8he~ Coun~ Of Dauphin ' ERtL ~OG~STics es No. 0966.T · OTHER COUNTy NO' -2001 ~D NOW. ~Ptil 13 2001 01.1~2~ S~o~s , EXEL LOGIs A/~ ~._ TICS th A ~'~EL e ~ithin to ~~ INc ~'N DYER, CUSTOMER by of the original s~RVZc~ ASsoc. lly handing to hi~/het the conte~ts thereof atS~ONs attested c°pY(ies) 2 704 RFICE CO HBS, . ~ 1 7110.0000 SUITE B l.....c9.1.,s 17"r,,., . -'-oed to '" ...... '"~ Clay of sheriff, s C.~ . . COUNTY OF YORK · . OFFICE OF THE SHERIFF 28 E^.~'r ""~'~T ~'r vnn~. ,.,, ~?,.n~ (717) 771-9601 SHERIFF SERVICE '". --' INSTRUCTIONS ---------- PROCESS RECEIPT, and AFFIDAVIT OF ~E TYPE ONLY LINES 1 TO 12 ~ ~"~ ~IOT DETACH ANY COPIES. 1. PLAiNTiFF/~'~-~~ ----- Deanna M. Hurra _---------~ 2. COURT NUMBER 01-1929 Civil 3. DEFENDANT/S/ ....................... 4. TYPE O~ Rose Delores Prindl- - Writ of Summon SERVE ~' 5. NAME O~=INDIViDUAL COMPANY. CORPORA S ' ' ................ F PR ~ ~ _ .R_o__s e De 1 o re s P ~ ~ ~ ^ OPERTY TO SE LEV, ED ^TT^C ,~ , HED, OR SOLD. AT ~ .... (I_ .T ..,,-, n,-,., WHM BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP ~_. -, -, -- CODE 7. INDICATE SERVICE: I~1 PERSONAL C} PERSON IN CHARGE ~ml~~'[ M~II~ NOW ...... 19 I, [3 ~ ------------- SHERIFF O~ ,~,, S.T CLASS MAIL [3 POSTED ~ OTHER ~ ~ - .......-" re · . to law. This deputation being made at the request and risk ~!!peU~Nl~~n!~i~t. ~~p~t,z, t c:~dffi of ng Cumberland ADVAN2E FEE PD BY CUMBERLAND COUNTY SHERIFF 9TE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave .me without a watchman, in custody of whomever is found in possession, after notifying person of levy ~intiff herein for any loss, destruction, or removal of any prope bef · , TY~ eriff's sale thereof, or attachment, without liability on the part of such deputy or the sheriff to any o.[-r-,.L-"Z-l,t;N ~. ~ r '~,~)(~ "'r/ORIGINATOR and SIGNATURE 1300 LINGLESTOWN RD ,-,,-, .... .~ .. __ ~ONE NUMBER l 11. DATE~---~ILED -- ORG, PA 17108-1177 (717) 431-4  ' 0O0 4/3/01 -------__ FF · I acknowledge receipt '~f'f~t"~e ' -------- --' d. LUDWIG I '"'~u~/Rnec~eived ~earing Date · lOW SERVED: PERSONAL ( ) ~ .[ ~/.~ / U J. J 5 / 3 / 01 - - ( ) POE ( ) SHERIFF'S OFF ( ) OTHER ~11 hereby certify and retum a NOT FOUND because I am una cate the indi~;- ....... --'--- - - --------- ( ) SEE REMARKS " ,~ 'i. '?' - _,,-,.,,v,uu~L SERVED / LIST ADDRESS HERE IF NOT SH-'~''-(;°mpany' corporation, etc, named above. (See remark - ' L~6~? /j¢~~~, 'T-,_'-_J' ;-2,, .. /, OWN ABOVE (Relationship to Defendan,, , .... :s below.) _  ,~ .~ t~. v j ,u. ~ate of ~erviceJ 2~ /ance Costs 18.00 16.5 34.56 2 00 /~~/ Costs Costs Costs Cert. ' 36.56 63.4' .... Due or Refund IRMED and subscribed to before me this 2 7 of Yo County Sheriff .,. 4-27-0! ;heriff JTHORIZED ISSUING AUTHORITY AND TITLE · Received - Issuing Authority 2. PINK -Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office ., . "'."':". c::',_~:_~. .-:_ i' ~ ~ ~ ' ~., ~o~, ~ ,7,~o, . .' ...... .' .~:~,' ...-~'-:. .' SHERIFF SERVI '- ..... ,~* ,. ..':.':~~ "- .~ ~ T OF RETURN . *-~ ~ ... ~. . SERVE ? ~ ~* ~ ...... ~" ' ' ' ~ EXPEDI .... ' ...... '? ~'' "*"'~*~: * · ' · .... . - ..... . ~,~,~~~-'.,~~~. . .,... ~ .... -..,1~: s~~ ....... .: ...,:.~ . ...:~,~,,~............,~.,... : ' . ~ '-'"' :-~.~:' ~::':: :.,: ~,,,~,. ~.. . eum.be~.?..en~... ': -'." .- --' ·" ..... ~ ,2,~,,. i.~: ~. ~,_., . . ,' :: ;"} ~TE ONLy A~LiCAB ~" . .' ' .~ Without a ~ LE ON WRI ' ?: , ~ti~ herei .... atchman, in custod ~ OF ~XEcUTION: N-B :..~.. '.......,.. :":. ' ': .. ' -' .. ~:~'~,~. ~ND A~°r removal ~, .... - .... POSsession ~_L'TCHMAN-Anu ~-~ .., . --: ' ?:: :..... ~::.:..... ,:,. ,....-.,.-:..-.-..:~: ~ -~,.~,,o,,~., ~,[,'~:e::~7, o,,~ o~ ~g:::;~ t? o~ ~~. .. ~.:' .': ......~~,'.:~ ~::.; .. ..... - ......... - ~,~~ ......... ,. -,,~o,, ,,~,~'A:~~~,~ · L'. ' '"-':~"" ~o~~ ,..~ .. ,:..' ..... : . .., ...... ~ ' ~.:o~.~.~__ "~.~~ .... ~:"::'" ~CO~y~ ' " ' ...... '~ : i .r : '-'- · - ' ' "~or "' ~'- ' · .... ~ . o NA ...... '-~ ......... ~ .... · ..... · . . .'. c~.. ~..~. ~:: ....~. : ..... ~ ~"~~',~-?:~. ~..::.:.,..,~,: .... .. .. ~ .:- .. ~~.,,~... '.. ,': ..... .. ,.' ' .~ . ":.' · . ~: ~" .......... ~ z ::.:_.~_~:.~ ..... --'~": (~hi..~ .... .-' · . '~. I ~nowl~dge fecal t . " o b. ~.i~......:: .. ..... . .... '4 3/01' "' ." .' . "notice i ~~." . ' · ~ ~ ~Plamt a ', · ~ o{ the writ _ . ~ . ,. ~,~ . ....~~:~...,::;~..::..-:-.--~-~,, ........... ~ . ....... }.~::. './ ""~'.~1~ '~ ] .. - ' ~ ' ' ' ' ..".'"' .' . · ' . ' ......'.'. eby ce~i~ and ~ESID~C~.~ ~ ,.. · "A '". T~HOW ' rporation e .' O~ . ' .... "~ I' .~.~ I ..... I """1~,,~ :.~. .. , ...,., - ........ ,,o,.,,~~~~~ ~~KU: ~.. , ............... ~ ·., .'.."?. ',t, ...... ,..~__..,, . "":~':" , · '~': .:.? Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 Attorneys for Defendants: E-Mail: se.q~tthlaw.com ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS _ _ DEANNA M. MURRAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1929 Civil Term : CIVIL ACTION - LAW ROSE DELORES PRINDLE, : EXEL LOGISTICS, INC., : a/k/a EXEL, INC. and : EXEL LOGISTICS, a/k/a : EXEL INC. , : Defendants : NOTICE TO PLEAD TO' Plaintiff and her counsel- YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HA~ER, LLP ~/[~/~/ By' '133738.2 ST RE Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and E)D~L LOGISTICS, INC. and EXEL LOGISTICS .! Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 Attorneys for Defendants: E-Mail: se.cl~tthlaw.com ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, ' IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA v. ' NO. 01-1929 Civil Term : CIVIL ACTION - LAW ROSE DELORES PRINDLE, : EXEL LOGISTICS, INC., : a/k/a EXEL, INC. and · EXEL LOGISTICS, a/k/a : EXEL INC., : Defendants : ANSWER AND NEW MATTER TO ,PLAINTIFF' S COMPLAINT OF D~F~.ND~NTS _ AND NOW, come Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., by and through their undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiff's Complaint- 1. Denied pursuant to Pa. R.C.P. 1029(e). 2. Admitted. 3. Admitted that Defendant, Exel Inc. is the proper name of the corporation, and that it has a place of business at 501 West Schrock Road, Westerville, Ohio 43081. 4. Admitted that Plaintiff, Deana M. Murray ("Plaintiff") was a passenger in a 1987 Ford Aerostar minivan bearing license plate number PA ZET 890 on April 26, 1999, when the accident happened. To the extent that paragraph 4 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e) . 5. Admitted in part and denied in part. It is admitted that Defendant Prindle was the operator of a tractor trailer, the tractor being owned by Exel Inc., and bearing license plate number PA AB98226. To the extent that paragraph 5 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e) . 6. Admitted in part and denied in part. It is admitted that on April 26, 1999, the vehicle Defendant Prindle was driving was behind the vehicle in which Plaintiff was a passenger, on Silver Springs Road. To the extent that paragraph 6 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e) . 7. Admitted in part and denied in part. It is admitted that the truck driven by Defendant Prindle struck the rear of the van in which the Plaintiff was a passenger. To the extent that paragraph 7 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029 (e) . 8. No response is required as this is a conclusion of law. WHEREFORE, Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. COUNT I DEANNA M. ~¥ v. ROSE DELORES PRINDLE NEGLIGENCE 9. No response is required as this is a paragraph of incorporation. 10(a)-(j) . It is admitted that Defendant Prindle is responsible for the subject accident. To the extent that paragraph 10 and subparagraphs 10(a)-(j) purport to aver any facts, same are denied pursuant to Pa. R.C.P. 1029(e), and the balance of any allegations in paragraph 10 and subparagraphs 10(a)-(j) are denied as legal conclusions. 11. Denied as legal conclusions. 12. Denied as legal conclusions. 13. Denied as legal conclusions. 14. Denied as legal conclusions. 15. Denied as legal conclusions. 16. Denied as legal conclusions. 17. Denied as legal conclusions. WHEREFORE, Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. COUNT II DEA~A M. MIIR/~AX v. EXEL LOGISTICS, INC. , a/k/a EXEL, Inc., and EXEL LOGISTICS a/k/a EXEL, INC. VICARIOUS LIAIBLITY 18. No response is required as this is a paragraph of incorporation. 19. Admitted in part and denied in part. It is admitted that Defendant Prindle was an agent, servant and employee of Defendant, Exel Inc. To the extent that paragraph 19 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e) . 20. Admitted in part and denied in part. As noted above, Defendant Prindle admits responsibility for the subject accident. To the extent that paragraph 20 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e) . 21. Admitted in part and denied in part. It is admitted that Defendant Prindle was within the course and scope of her .! employment with Exel Logistics, Inc., at the time of said accident. To the extent that paragraph 21 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e) . 22. Denied as legal conclusions. 23. Denied as legal conclusions. 24. Denied as legal conclusions. 25. Denied as legal conclusions. 26. Denied as legal conclusions. 27. Denied as legal conclusions. 28. Denied as legal conclusions. 29. Denied as legal conclusions. 30. Denied as legal conclusions. 31. Denied as legal conclusions. 32. Denied as legal conclusions. 33. Denied as legal conclusions. 34. Denied as legal conclusions. WHEREFORE, Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. NEW MATTER 35. Paragraphs 1-34, above, are incorporated herein by reference as if fully set forth at length. 36. Plaintiff's claims are limited by the provisions of the Motor Vehicle Financial Responsibility Law. 37. Some or all of Plaintiff's alleged injuries and damages pre-existed the subject accident and were not, therefore, proximately caused by it. 38. Defendants plead a credit for any monies advanced. 39. Defendant asserts that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. WHEREFORE, Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc. and Exel Logistics, a/k/a Exel, Inc., respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By' · 133738.1 STEPHEN GEDULDIG, ESQUI Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS ~VERIFICATION I, Rose D,. Prindle, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Rose D. Prindle --- CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the t U~day of July, 2001, on all counsel of record as follows: Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, ~quire :130042.1 DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff, · CUMBERLAND COUNTY, PA v. : No. 01-1929 ROSE DELORES PRINDLE, · CIVIL ACTION - LAW EXEL LOGISTICS, INC., : alk/a EXEL, INC., and : EXEL LOGISTICS, : a/k/a EXEL, INC. : Defendants : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER OF DEFENDANTS TO' Rose Delores Prindle, et al., through their attorney of record' Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 35. This is a paragraph of incorporation to which no response is required. 36. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. 37. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs injuries and · damages did not pre-exist the subject collision and were proximately caused by the same. 38. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant is not entitled to a credit for any monies advanced. 39. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's action can not be barred by res judicata and/or co/lateral estoppel as it does not apply to the subject matter of this action. WHEREFORE, Plaintiff, Deanna Murray, respectfully request that this Court enter Judgement in her favor and against Defendants. HANDLER, HENNING & ROSENBERG, By. : I.D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 VERIFICATION PURSUANT TO PA. R.C.P. NO 1024 c STEPHEN G. HELD, ESQUIRE, state that he is the attorney for the party filing the foregoing document; that he makes this Affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. D'ate:7 ~ ~/_~/ '"' ['" E--sq~ire AND NOW, this _~-~"~day of July 2001, I hereby certify that I have served the foregoing Plaintiff's Response to Defendant's New Matter, on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to' Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 HANDLER, HENNING & ROSENBERG .~. k, p~ ..... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Vs. : · NO. 011929 PRINDLE, ET AL · CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and thin~s pursuant to Rule 4009.22 STEPHEN E GEDULDIG, ESQUIRE certifies that- 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, includin~ the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date- 07/13/01 STEPHEN E GEDULDIG, ESQUIRE 305 N FRONT ST P 0 BOX 999 HARRISBURG, PA 17108 717-237-7119 ATTORNEY FOR DEFENDANT ~. ......... .~~...~ .................. INQUIRIES SHOULD BE kDDRESSED TO: i MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 By- Jacqueline Ciarrocchi File #- M276333 IN THE COURT OF COMMON PLEAS OF cUMBERLAND COUNTY VS. PRINDLE, ET AL NO. 011929 TO' STEPHEN HELD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS F. OR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one (s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date- 06/21/01 STEPHEN E GEDULDIG, ESQUIRE 305 N FRONT ST P O BOX 999 HARRISBURG, PA 17108 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By- Jacqueline Ciarrocchi Enc (s) · Copy of subpoena (s) Counsel return card File #- M276333 ~TH; OF P]~RqSYL~ _ _ MURRAY : · : VS. : Fi ]e No. 011929 ,, , ~RINDI,E, I*.T /~ : .S..UBP(~NA T.,O P~ DOCUflE .NTS OR THINGS F. OR D IS(X)VERY PURSUANT TO RULE 4009.22 ERIE INSURANCE, 4901 LOUISE DR BOX 2013, MECHANICSBURG PA 17055 TO: , (Name of Person or Entity) W~thin twenty (20) days after service of this subpoena, you are ordered by the court to -,p~..oduce the fo ~ ]owi ng c~t.~ or th i n is: gs . SEE ATTACHED ADDENDi3M _ . · . ;,~, ..... ~ i>~. 2..,. ?; ....... '"'-':"'< "i""'""i'::~"' ~ ' ~ ':".' i.!.':~"?.i'". :':. '" · , at . .:. ~. ~ i'.' .: .': ~ ".', {i!':- ~.,!v,'.': ;~? '.:.'.?'..- ___. MEDICAL LEGAL REPRODUCTIONS,(A~ss~940 DISSTON ST., PHILA., PA You may de]~¥e~ o~ ma~] ]e~b]e co~es of the docune~ts o~ omoduce th~m~s ~equested th~s sub0oema, to~ethem w~th the cemt~f~cate 0f~ ":~o]~ance, to the ~a~t~ mak~a~ thi~ request at the addmess ]~sted 'above. You have the m~ght to seek ~ advance the ~ea~omab~ cost of 0ce.oar~n~ the coo~es o~ u..-oduc~n~ the th~m~s-sought. ~f you fa~] to ~moduce the docunemts o~ th~m~s me~u~med by th~s subpoena w~th~n tweaty (20) days afte~ ~ts se~¥~ce., .the party ·sem¥~n~ 'th~.~ sdo~oe~a may seek a cou~t cx'm1~elling you to ca'roly with'~!'it:~ :.i. "'". ~'".,: ' """" ."' :.'"'.' · ' /.:' . ! '',. '. : · '" '' t'; : ' "' ' '~ -: .. TH I S SUB~~ WAS ISSUED AT THE REQUEST OF THE FOLL(~ING PERSON: NAME: STEPHEN ~_GEDULDIG, ESQ ~"'"'""' ~'"""~'"" ~-~;::'-.**zs**u**o,"": "~,.;' zvz'0,~'o" " "' '"' -' ..... ~' ' · · · SUPR~ COURT ID ~ 215-335-3212 ATTORNEY FOR: '~ ~ .' '". ;' :~ DEFENDANT .... ,...., ...... .... ".; ' .:t :. ""'." ":';:':1. sea..'..]~-.O.'f...~t.h,e',~r,:t~,', .- - , .. : ... iii'i; D~tyl~. . :.. : . 1,.;: : .' , ; ~ .! .... -- --_ , - . · " ~ "." ', ' i..<, 'ii:' '- .. ': ' i .: ..' . . ' , : ' ,, ' '.' :'.!';,,., ..' ." · . '" '-' '" ':" ', ~; '.!-..X. :' '? ' . - .. i ,. :.. .. · . , ' ,' ... '! -:-' '.--'. - , . , ., (Eff. 7/97) . ADDENDUM TO SUBPOENA MURRAY No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- ERIE INSURANCE ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO- NAME- DEANNA MURRAY ADDRESS: DATE OF BIRTH- 08/19/56 SSAN: 179449044 · FIRST PARTY BENEFIT. POL #Q07 1706221H; DATE~' OF ACCIDENTS- 4/26/99 AND 2/16/94 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. mm mm m mm mm mm mm mm mm mm mm m mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm m mm mm mm mm m mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO: I hereby certi.fy as custodian of records that, to the best of my knowledge, information and belief all documents or thin~s above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin~ documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for ERIE INSURANCE CUMBERLAND M276333-01 *** SIGN AND RETURN THIS PAGE *** o~13~a~L~ oF p~VANIA . : · MuRRAy : : 011929 Vs. : File No. ______-- : PRINDLE, ' ET AL : · ORIGINAL X-RAYS p. EQUEST~D SUBP(~NA TO PROOUCE ~_NTS OR THIN SS_ FOR D I S(X)VERY PURSUANT TO _RULE 4009.2~2 HEALTHSOUTH REHAB, 175 S LANCASTER BLVD, .MECHANICSBURG PA 17055 TO: (Nan~ of Person or Entity) within twenty (20) days' after service of this subpoena, you are ordered by the court to produce the following ~t.~ o~~n~s~~ _. y~ ~y deliver ~ ~il legible c~ies of the ~nts ~ price things requested b~ this sub--a, togeth~ w~th the cemtif~cate of ~li~ce, to the p~ty ~king this request at the address listed ~ve. y~ have the ri~t to s~k in advice the rea~on~l~ cost of prepping the ~ies or pr~ucing the things s~ght. If y~ fail to pr~uce the ~nts ~ things re~i~ by ~is sub~ena within twenty ~20) days aft~ its s~v%ce, the p~ty serving 'this s~~~a ~Y seek ~ ~rt ~de,' ~ell~ Y~ to ~ly with it. ~IS ~~~ WAS I~ AT ~E RE. ST ~ ~ F~L~I~ PER~: STEPHEN E GEDULDIG, ESQ ~E~: ~5 N FRONT ST ,,~ ~~ ~-~ ~ 17108 ~L~P~~: ~~ A~~NEY F~ :_ --- DEFEND~T BY ~ ~T: ~ . ~ / ~~..,~e_~v I k.~vi'l Divis~~ s~l of the ~m% ' ' (Elf. 7'/97) ADDENDUM TO SUBPOENA · · Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- HE~THSO~H~HAB ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA,' X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO- · NAME: DEANNA MURRAY ADDRESS- DATE OF BIRTH- 08/19/56 SSAN-179449044 ORIGINAL X-RAYS .REQUESTED .- ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mm m mm mm mm mm mm mm mm mm mm mm mm mm mm mm m mm mm mm mm mm mm mm m mm mm mm mm mm mmm mm mm mm mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin9 documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HEALTHSOUTH REHAB CUMBERLAND M276333-03 *** SIGN AND RETURN THIS PAGE *** ~ OF CUMBEm_aND_ · · MURRAY : ' : Vs. : , : Fi le No. 011929 PRINDLE, ET AL : : : ORIGINAL X-RAYS REQUESTED SUBPOENA TO PR~(::~C)I~ ~IX~X3JHE~S OR TH I~ FOR D IS(X)VERY PURSUANT TO R_ULE 4009.22~ · TO: DR TODD BAMUP. LS, 897 ~OPLAR CHURCH RD S~E ~07, CAMP HILL ~A ~70~ (Name of Person cc Entity) ----------- W~th~n t~enty (20) days af[e~ service of th~s subpoena, you a~e o~de~ed by the court to at You may deliver o~ ma~] legible cop~es of the docLrnents o~ produce thin.os requested this subpoena, togethe~ w~th the certificate of coN3]~ance, to the pa~ty making request at the address ]~sted above. You have /he right to seek ~n advance /he rea~onabl~ cost of prepa~ing the cop~es or producing the things sought. If you fa~! to produce the docunents o~ th~ngs requ~Ped by th~s subpoena w~thin tw. entv (20) days afte~ ~ts service, the pa~ty serving th~.~ subpoena may seek a court o~de~'- c~el I incj you to ccrnply with it. THIS SUB~~ WAS ISSUED AT THE RECIEJEST OF THE FOLLOWING PERSON: NAVE: STEPHEN E GEDULDIG, ESQ ADORESS: 3~0_5 N FRONT ST SUPREPE OOURT ID tt 2~-~-~5-3212~ ATTORNEY FOR: --'---- DEFENDANT ~76333-04 BY (XXJRT- eal of th vision ~" (Elf. 7/97) ADDENDUM TO SUBPOENA MURRAY No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- DR TODD SAMUELS ANY ANDALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME- DEANNA MURRAY ADDRESS- DATE 0F BIRTH- 08/19/56 SSAN-179449044 ORIGINAL X-RAYS REQUESTED .. ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mm mm mm mm mm mm m mm mm mm mm mm mm m mm mm mm mm m mm mm mm mm mm mm mm m mm mm m mm mm mm mm mm mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following docUments have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR TODD SAMUELS CUMBERLAND M276333-04 * * * S ! GN AN D RETURN TH IS PAGE * * * (~TH OF P~qSYL~ co~n~ oF ~ · · , · : MURRAY : . : VS. : Fi ]o No. 011929 PRI~LE, ET ~ : : ORIGINAL X-~YS REQUESTED SUBPOENA TO PRODUCE D(X/.IPENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR WALTER PEPPELMAN, 805 SIR THOMAS CT, HARRISBURG PA 17109 TO: (Name of Pe~son o~ Entjty) WJth{n twenty (20) days afte~ se~vjce of th{s subpoena, you a~e c~demed by the coumt to ADDE U v[ at ~g ~940 DISSTON ST., PHILA., PA MEDICAL LEGAL REPRODUCTIONS~A You may deliver or mail legible copies of the doctrnents or produce things requested this subpoena, together with the certificate of COTO1 iance, to the party making thi-= request at the address Iisted 'above. You have the right to seek in advance the rea~onabl~ cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving 'this subpoena may seek a court orde~- ccxnpel Iing you to conl~ly with it. THIS SUB~NA WAS ISSUED AT THE REQUEST OF THE FOLLC~ING PERSON: NAME: STEPHEN E GEDULDIG, ESQ ADORESS: 305 N FRONT ST . "~ ~ ~ ~"~ ~ 17108 TELEPI-DNE: 215-335-3212 SUPREI~ (X)URT ID # ....... ATTORNEY FOR: DEFENDANT f ,n '~ ~- ~rothdnotar{c/c~k, ~i 1' Oi~v i s ion Sea] of the o:x~r-~c _ _ . -- ._/ .. (Eff. 7'/97) ADDENDUM TO SUBPOENA MURRAY PRINDLE, ET AL No. 011929 CUSTODIAN OF RECORDS FOR- DR WALTER PEPPELMAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO- NAME- DEANNA MURRAY ADDRESS- DATE OF BIRTH- 08/19/56 SSAN: 179449044 ORIGINAL X-RAYS REQUESTED . ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm ! mm m mm mm mm mm mm mm mm mm mm mm mm mm mm m mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin9 documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date ~uthorized signature for DR WALTER PEPPELMAN CUMBERED M276333-05 *** SIGN AND RETURN THIS PAGE *** ..== (~T4~~LTH OF P~~-'YL~ · · - ; MURRAY : · Vs. : Fi l~ No. 011~2~ PRINDLE, ET AL : ORIgINAl. X-I~.YS REQUESTED SUBPOENA TO PROOUCE DOCM~_NTS OR THINGS FOR D IS4X)VERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 · TO: ATTN- MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to p~oduce the fo] lowing doctrnent.~ o~~ ADDE UTv[ _ . at MEDICAL LEGAL A~?~ s%940 DISSTON ST , PHILA , PA REPRODUCTIONS,( s ' ' You may deliver o~ mail legible copies of the docunents or produce things requested this subpoena, together with the certificate of coN~]iance, to the party making thi~ request at the address listed 'above. You have the right to seek in advance the rea~onabl~ cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi.~ subpoena may seek a court orde~- ormpeliincj you to cxxnply with it. THIS SUB~NA WAS ISSUED AT THE REQUEST OF THE. FOLLOWING PERSON: NAME: STEPHEN E GEDULDIG, ESQ AEX~ESS: ~05 N FRONT ST , TT'J% T"~ '1'~ '~' ~ T"~ ]' TT~ F'~ ~~-o~~,~, =,-- 17108 TELEPHONE: 215-335-3212 SUPR~ O3l~T ID ~_ ATTORNEY FOR: DEFENDANT M276333-06 BY ~T: /~ /  ~-[X~ /~X--'ProthonotaryJ~ 1 er/k, ~Yv 11 D i v i s i on Se~l of t~e Co,Jr% .... i_ ~ / · (Elf. 7/9?) ADDENDUM TO SUBPOENA · · MURRAY ~ VB. No. 0].199.9 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray rePorts, out-patient records physical therapy records, and any other information pertaining to: NAME-DEANNA MURRAY ADDRESS: DATE OF BIRTH- 08/19/56 SSAN- 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. mm mm mm mm mm m mm mm mm mm mm mm mm m mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledg'e, information and belief all documents or thin~s above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin~ documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HOLY SPIRIT HOSP CUMBERLAND M276333-06 *** SIGN AND RETURN THIS PAGE *** (I~WO~K%LTH OF P~SYL~ · · · VS. : Fi le ~. 011929 PRI~LE, ET ~ : : : ORIGINAL X-~YS REQUESTED SUBPOENA TO PROOUCE DO3.1~NTS OR THINGS__ FOR D I S(X)VERy PURSUANT TO RULE 4009.22 DR STUART HARTMAN, 2645 N THIRD ST STE 490, HARRISBURG PA 17110 TO: · (Name of Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to produce the following docu~ent.~ c~~in~~i~C~D A DE UTv ' ... at You may deliver or mai] ]ecj~b]e cop~es of the doc~nents or produce thJngs requested .h~ this subpoena, tocje[he~ w~th the certificate of ~]~ance, to the pa~ty mak~n9 thi~ request at the add~ess ]Jsted 'above. You have the rJ~;~ht to seek ~n advance the rea~oaabl~ cost of pre.~arjncj the copies or i~..-oduc~n~ the th~n~s sought. If you fa~] to produce the docLrnents or th~ngs requ~ed by th~s subpoena w~th~n twenty (20) days afte~ J[s service, the party servJncj 'th~.~ .~ubpoena may seek a court orde,- cxw~eli~ncj you to ~]y w~th ~t. TH! S SUBPOENA WAS ISSUED AT THE REQI~ST OF THE FOLLC~ING PERSON: NA~5: STEPHEN E GEDULDIG, ESQ ADOR~SS: 3 0 5 N FRONT ST · '"' '"'" "' '"""~'"'~' ~'~ 17108 TELEPHONE: 215 -3-3-5 - 3 212 SUPREt~ (X)URT ID # . ~_ ATTORNEY FOR: DEFENDANT BY THE (XXJRT: · (£ff. 7'/~7) I A ADDENDUM TO SUBPOENA MURRAY No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- DR STUART HARTMAN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO- NAME: DEANNA MURRAY ADDRESS- DATE 0F BIRTH' 08/19/56 SSAN-179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mm mm mm mm mm mm mm m mm mm mm mm mm mm m mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or thin~s above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin9 documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR STUART HARTMAN CUMBERLAND M276333-07 * * * SI GN AN D RETURN TH i S PAGE * * * (~C~I~%F~~TH OF P~%LqYL~ , · · Vs. : Fi PRINDLE, ET ~ : : 0RI~INAL X-~YS REQUESTED SUBPOENA TO PROOU(~ D(XlX~NTS OR THINGS FOR D I SODVERY PURSUANT TO RULE 4009.22 DR DOUGLAS MARKS, 2340 DERRY ST, HARRISBURG PA 17104 · TO: (Na~e of Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to produce the fo 1 lowing clocx~nent~ o~;~inas~_.~...~. , ~.~..,,~,. ~.. ~. ' fillfibiir. J3 , _ . at You may deliver o~ mail legible copies of the documents o~ produce things requested b~ this subpoena, togethem with the centif~cate of coT~liance, to the party makin~ this request at the 'add~ess listed 'above. You have the ~ight to seek in advance the ~ea~onabl~ cost of preparing the copies or p..-oducin~ the thin~s sought. If you fail to p~oduce the documents o~ thin~s requimed by this subpoena within twenty (20) days afte~ its service, the party serving this subpoena may seek a court orde~- c~pel I ing you to co~ly with it. THIS SUB~~ WAS ISSUED AT THE RE(~JEST OF THE FOLLONING PERSON: NNvE: STEPHEN E GEDULDIG, ESQ A[X~ESS: 305 N FRONT ST · · .~,.~r~.~mt~ · ~ 17108 TELEPHONE: 215-335-3~.~'P. SUPREPE CO JRT ID .~__ ATTORNEY FOR: DEFENDANT BY THE OgURT: ,.~.__j~ ~ (Eff. 7'/97) ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- DR DOUGLAS MARKS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO- NAME- DEANNA MURRAY ADDRESS- DATE 0F BIRTH- 08/19/56 SSAN- 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mm m mm mm mm mm mm mm mm mm mm mm mm mm m mm m mm mm mm m mm mm mm mm mm m mm mm m mm mm mm mm mm mm mm ! RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or thin~s above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin9 documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR'DOUGLAS MARKS CUMBERLAND M276333-08 * * * S! GN AN D RETURN TH IS PAGE * * * (I~4~O~~%LTH OF P~SYLVANIA · .. · MURRAY : Vs. : ' : F~ ]e No. 011929 PRINDLE, ET AL : : : ORIGINAL X-RAYS REQUESTED SUBP(~ ,NA, TO PR(:XXJCE__ ~NTS OR TH IN(~ _FOR D ISOOVERY PURSUANT TO R_ULE 4009.22-- DR LEW STOKER, 333 ALEXANDER SPRING RD, CARLISLE PA 17013 · TO: (Na~e of Pecson or- Entity) Within twenty (20) days after service of this subpoena, you are c~dered by the court to produce the fo I 1 owi ng do~t.~ oF~,~j&~ ng~~..~...~. · . . MEDICAL LEGAL REPRODUCTIONS,(A~%~S~940 DISSTON ST., PHZL~. ~~ YOu may del~ver or mall legible cop~es of the docuT~nts o~ p~oduce th~ngs requested thfs subpoena, together wfth the certff~cate of c~lfance, to the party makfng thf~ ~equest at the address l~sted above. You have the r~ght to seek fn advance the ~ea~onabl~ cost of p~e.oar~ng the copfes o~ p~oduc~ng the th~ngs sought. If you fa~l to produce the doc~nents or thfngs required by th~s subpoena w~th~n twenty (20) days after frs servfce, the party serving thf.~ subpoena may seek a court cc~el l~ng you to comply w~th ~t. TH! $ SIJ8~~ WAS ISSUED AT ~14E REQUEST O~ THE FOLL~I~ NA~: STEPHEN E GEDULDIG, ESQ AD. ESS: -- 3~5 N FRONT ST ,' 17108 TELEPHONE: 215r~--__ ~ 5__ 3 2 12 -- SL~REPE COURT ID #__ ATTORNEY FOR: DEFENDANT BY THEx~COURT: · ..... - · (£ff. //9?) ! ADDENDUM TO SUBPOENA MURRAY V~. PRINDLE, ET AL No. 011929 CUSTODIAN OF RECORDS FOR- DR LEW STOKER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: · NAME- DEANNA MURRAY ADDRESS- DATE OF BIRTH- 08/19/56 SSAN- 179449044 ORIGINAL X- RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mm mm mm mm em mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search ' has been made and that no record of the followin9 documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date ~gnature fo-~ DR LEW STOKER CUMBERLAND M276333-09 *** SIGN AND RETURN THIS PAGE *** ~TH OF P~%~'YLVANIA · MURRAY : ' Vs. : · : F~ ]e No. 011929 PRINDLE, ET AL : : : ORIGINAL X-RAYS REQUESTED S~8~NA FO ~~X)UC~ ~Ct~~S O~ ~0~ O~SfX)V~¥ ~U~SUANT TO ~UL~ 4009.~- · o: aTTN- EOZC E O OS (~~ of ~s~ ~ ~at~ty) W~th~n tw~t~ (~0) days aft~ s~v~ce of th~s sub~eaa, ~ ~e ~d~ed b~ t~e c~t to You may del~ve~ c~ ma~l ]eg~ble cop~es of the docunents this subpoena, together w~th the certificate ot: cca~]~ance, to the pa~ty making thi~ request at the address 1 ~sted above. You have the right to seek in advance the rea.~onabl~ cost ot: preparing the cop~es or producing the th~ngs sought. If you fa~l to produce the doccrnents c~ th~ngs required by this subpoena w~thin twenty (20) days afte~ ~ts service, the party serving th~.~ .~ubpoena may seek a court ccde~'- cvJq3ell~ng you to ~ly with ~t. THIS SUB~~ WAS ISSUED AT THE REQUEST OF THE FOLLC~ING PERSON: NABS: STEPHEN E GEDULDIG, ESQ ---- 3__05 N FRONT ST TELF. PHON£: ,' 17108 S~RB'E (XI~T ID ATTORNEY FOR: DEFENDANT '6333-10 BY ,/: Seal of the ~x3u-~c v~s (Elf. 7/97) ADDENDUM TO SUBPOENA MURRAY VB. No. 03.3.929 PR'rNDT,E, ET CUSTODIAN OF RECORDS FOR- HEALTHSOUTH MED CLINIC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO- NAME- DEANNA MURRAY ADDRESS- DATE OF BIRTH- 08/19/56 SSAN-179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. ! mm mm mm mm mm mm mm m m mm mm m mm mm m mm mm mm mm mm m mm mm mm mm mm mm mm mm mm mm mm mm m ! mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XR.AYS have been destroyed Date Authorized signature for HEALTHSOUTH MED CLINIC CUMBERLAND M276333-10 *** SIGN AND RETURN THIS PAGE *** Crjiv{.~~~ OF P]~]NSYL~ (XDON'i'Y OF ~ · : MURRAY : . : VS. : I=~ ]e No. 011929 : PRINDLE, ET AL : : 0RI~INAL X-RAYS REQUESTED SUBPOENA TO PRCDU(~ DOCUMENTS OR TH IN(~ FOR D IS(X)VERY PURSUANT TO RULE 4009.22 COMM GEN OSTEO HOSP, 4300 LONDONDERRY RD, HARRISBURG PA 17109 TO: ATTN: MEDICAL RECORDS DEPT (Na~e of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo] ]owing ~t.~ o j in TACi{ED A DEi U vi ' . . MEDICAL LEGAL REPRODUCTIONS,( You may deliver or mail legib]e copies of the docunents o~ produce things requested this subpoena, together with the certificate of cc~]iance, to the pa~ty makin9 th request at the address listed 'above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the doct~nents or things required by this subpoena within twenty (20) days after its semvlce, the party serving 'this subpoena may seek a court orde~' omnDe! ling you to c~]y with it. THIS SUB~~ WAS ISSUED AT THE REQUEST OF THE FOLLONI~ PERSON: NAME: STEPHEN E GEDULDIG, ESQ ADORESS: '305 N FRONT ST · ..... "' "'"'"-"'"'" '"' ~' 17108 TELEPHONE: 215-335-3212 SUPR~ (XX.~T ID ATTORNEY FOR: , DEFENDANT M276333-11 /~/ [ /_/~q_~~_~_ ~- (Eff. 7'/97) , , I I ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- COnill GEN OSTEO HOSP Any and all hospital records, includin9 microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertainin9 to- NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH- 08/19/56 SSAN- 179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm m mm mm mm mm mm mm mm mm mm mm mm mm mm mm mmmm mm mm mm m mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] ~CORDSA~A~ACHEDHE~TO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin9 documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for COMM GEN OSTEO HOSP CUMBERLAND M276333-11 *** SIGN AND P. ETUP. N THIS PAGE *** MURRAY : ' Vs. : Fi ]e No. 011929 : PRINDLE, ET AL : : ORIGINAL X-RAYS REQUESTED SUBPCENA TO PROCLICE DCOJ~~S OR THINGS' FOR D ISOOVERY PURSUANT TO RULE 4009.22 CENTRAL PA SURGICAL ASSOC, 4319 LONDONDERRY RD, HARRISBURG PA 17109 · TO: (Name of Person or Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to · produce the fo l lowing doctxnent.~ ~~n ' ,., ~--~- ' , rrwu ADDEr Urvi .- MEDICAL LEGAL REPRODUCTIONS ,(A s You may de]~¥em o~ ~] ]~b]e c~es of the ~nts ~ Om~ce th4n~s mequested th~s sub--a, to~ethem w~th the cemt~f~cate of ~]~ce, to the D~ty ~k~n~ th~ request at the add~ess ]~sted ~ve. Y~ have the ~~t to s~k ~n advice the cea~om~]~ cost of 0ceg~n~ the ~~es o~ ~m~uc~n~ the th~mgs s~ht. ~f y~ fa~] to ~~uce the ~nts ~ th~nss ~e~m~ by th~s sub~ena w~th~n tweat~ (20) days aft~ its s~v~ce, the p~ty serving 'this s~~~a ~y seek a ~rt ~el]~ y~ to ~]y w~th ~t. ~lS ~~~ WAS I~D AT ~E RE. ST ~ ~ F~L~I~ PER~: ~: STEPHEN E GEDULDIG, ESQ ~E~: 305 N FRONT ST · ,~ ~~"~ ~. 17108 ~LEP~E: 215-335-3212 ~R~ ~T ID ~~ A~~NEY F~: DEFEND~T S~] of the ~rt .._ ~~ -- _ (Eff. 7'/97) ADDENDUM TO SUBPOENA I~g3RRAY VS. NO. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR' CENTRAL PA SURGICAL ASSOC ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO- NAME- DEANNA MURRAY ADDRESS- DATE OF BIRTH- 08/19/56 SSAN-179449044 ORIGINAL X-RAYS REQUESTED ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. ! mm mm mm mm mm mm m m m m mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm m mm mm mm mm mm m mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or thin~s above mentioned have been produced. [ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin9 documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CENTRAL PA SURGICAL ASSOC CUMBERLAND M276333-12 *** SIGN AND RETURN THIS PAGE *** ~'I'H OF MURRAY : · : VS. : Fi ]e No. 011929 PRINDLE, ET AL : · : 0RI(gINAL X-RAYS REQUESTED SUBPCENA TO PROOUCE ~.NTS OR TH I ~ FOR D ISOOVERY PURSUANT TO RULE 4009.22 REHAB OPTIONS, 2645 N THIRD ST STE 460, HARRISBURG PA 17109 . TO: (Name of Person o~ Ent ~ ty) W~th~n twenty (20) days afte~ service of th~s subpoena, you a~e o~de~ed by the cou~t to produce the fol l ow~ncj ~t.~ oR~ng.~.~ ._ _.._~?~?._ · ..... .--~ - _ . MEDICAL LEGAL REPRODUCTIONS ,( s You may deliver or mai] legible copies of the documents o~ produce things requested this subpoena, togethe~ with the certificate of COTp]iance, to the party making thi~ request at the address listed 'above. You have the right to seek in advance the rea-.,onable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days afte~ its service, the party serving thi.~ subpoena may seek a court orde~- crml3e! ling you to COT~]y with it. TH I S SUBPOENA WAS ISSUED AT THE RE(IUEST OF THE FOLLOA/I~ PERSON: NAME: STEPHEN E GEDULDIG, ESQ ADORESS: 305 N FRONT ST · '"' '"'""' "'"'"""'" '"~ 17108 TELEPHONE: 215- 3~:~5- 3212 SUPR~ O3l~T ID # ATTORNEY FOR: DEFENDANT /-% Pr~tlrm~ot~);,/(~)J~6k, ~ i I O iv i s ion Seal of the Oourt ' (Eff. 7'/97) ADDENDUM TO SUBPOENA MURRAY Vs. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR. REHAB OPTIONS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO' · NAME' DEANNA MURRAY ADDRESS' DATE 0F BIRTH' 08/19/56 S S.~' 179449044 · ORIGINAL X-RAYS REQUESTED e. .. ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mmm mm mm mm mm mm mm mm mm mm mm m mm mm m mm m m mm m mm mm mm mm mm mm mm mm mm mm mm mmmm mm mm m mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or thin~s above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin~ documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for REHAB OPT IONS CUMBERLAND M276333-13 *** SIGN AND RETURN THIS PAGE *** CO~43h~EAL~ OF p~~YLVANIA : MURRAY : ' : VS. : ~ ]e No. 011929 : PRINDLE, ET AL : : ORIGINAL X-RAYS REQUESTED SUBP(~NA TO PRCOUCE_ DOCLItE .NTS OR ll~.. IN(~ FOR D ISCDVERY PURSUANT TO RULE 4009.22 DR STEVEN MORGANSTEIN, 805 SIR THOMAS CT, HARRISBURG PA 17109 · TO: (Name of Person or Entity) Within twenty (20) days afte~ service of this subpoena, you are ordered by the court to p~oduce the fo1 lowing doc~rnent.~ o n TACHED MEDICAL LEGAL REPRODUCTIONS, ( You may deliver o~ mail legible copies of the documents or produce things requested this subpoena, together with the certificate of ~liance, to the party making this request at the address listed 'above. You have the right to seek in advance the reasonabl~ cost of preparing the copies or producing the things sought. If you fail to produce the docunents o~ things required by this subpoena within twenty (20) days after its service, the party serving 'thin subpoena may seek a court order' ~e11~ng you to COTI~ly with it. TH I S SUB~NA WAS ISSUED AT THE REQCJEST OF THE FOLLONING PERSON: NNflE: STEPHEN E GEDULDIG, ESQ ADORESS: 305 N FRONT ST ,,~ ,~,~ T ~~ r~ 17108 TELEPHONE: -- SUPRE~ ~T ID ~ ATTORNEY FOR: BY T: ' ' --' .~ vr6thono-tary~Cl~r-I~, %iFY~q Oiv~~.% Seal of ~he-Oou~t" - .. -- - - - - (Eff. 7/97) ADDENDUM TO SUBPOENA MURRAY No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- DR STEVENMORGANSTEIN ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO- NAME: DEANNA MURRAY ADDRESS: DATE OF BIRTH- 08/19/56 SSAN-179449044 ~.' ORIGINAL X-RAYS REQUESTED .- ALL RECORDS, REPORTS, NOTES, MEMORANDA, CORRESP, DIAGNOSTIC STUDIES CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm m mm mm mm mm mm mm mm m mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHEDHERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin~ documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been dest'royed Date Authorized signature for DR STEVEN MORGANSTEIN CUMBERLAND M276333-14 *** SIGN AND RETURN THIS PAGE *** ~TH OF P~qSYLVANIA (IX3NTY OF Om~2~a/~D · · : I~JRR~Y . · Vs. : : Fi ]e No. 011929 PRINDLE, ET AL : : : SUBPOENA TO PROOUCE iXX:LHE__NTS OR TH I~ FOR D IS(X)VERY PURSUANT TO RULE 4009.22 SOCIAL SECURITY ADMIN, 555 WALNUT ST, HARRISBURG PA 17101 · TO: (Na~e of Person cc Ent i ty) Within twenty (~0) days afte~ service of this subpoena, you a~e o~de~ed by the court to You may de]~ve~ om ma~] ]ecj~b]e cop~es of the docur~nts this subpoena, togethe~ w~th the certificate of ~m~]~ance, to the pamty mak~n~ thai ~equest at the add~ess ]~sted above. You have the ~~t to s~k ~n advice the ~ea~on~l~ cost of prepping the ~ies or pr~ucing the things s~ght. If y~ fail to pr~uce the ~nts ~ things re~ir~ by ~is sub~ena within twenty (20) days aft~ its s~v~ce, the p~ty serving 'this s~~~a ~y seek a ~rt ~de,- ~elli~ y~ to ~ly with it. ~lS ~~~ WAS I~D AT ~E RE. ST ~ ~ F~L~I~ PER~: ~: STEPHEN E GEDULDIG, ESQ ~E~: 3~5 N FRONT ST __ . TT~ ~ T ~T~ ~LEP~E: 215 -~~5 3212 ~R~ ~T ID # A~~NEY F~: DEFEND~T M276333-15 BY ~~T: . (Elf. 7/97) ADDENDUM TO SUBPOENA VS. No. 011929 PRINDLE, ET AL CUSTODIAN OF RECORDS FOR- SOCIAL SECURITY ADMIN ANY AND ALL SOCIAL SECURITY FILES, APPLICATION FOR BENEFITS, MEDICAL RECORDS AND PAYMENTS TO CLAIMANT. ' PERTAINING TO: NAME- DEANNA MURRAY ADDRESS- DATE OF BIRTH-..08/19/56 SSAN- 179449044 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. mm mm mm mm mm mm mm mm m mm mm mm mm m mm mm mm mm m mm mm m mm m m m m mm mm mm m mm mm mm mm mmm m mm mm mm RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS AREATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or thin~s above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the followin~ documents have been located (CHECK THE APPROPRIATE BOX)- ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for SOCIAL SECURITY ADMIN CUMBERLAND M276333-15 *** SIGN AND RETURN THIS PAGE *** DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS .;. Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA '. v. · NO. 01-1929 Civil Term ROSE DELORES PRINDLE, · CIVIL ACTION- LAW EXEL LOGISTICS, INC., · a/k/a EXEL, INC. and EXEL · ' LOGISTICS a/k/a EXEL, INC. · JURY TRIAL DEMANDED PLAINTIFF'S BRIEF IN RESPONSE TO DEFENDANTS' MOTION TO COMPEl. I. Factual and Procedural History Plaintiff, Deanna Murray, initiated this action by filing a Writ of Summons on April 3,2001. On or about May 22, 2001, Plaintiff filed a Complaint alleging that she suffered damages as a result of a motor vehicle collision that took place on April 26, 1999. Thereafter discovery was initiated and on or about June 8, 2001, Defendant sent Interrogatories. Plaintiff responded to Defendants' Interrogatory # 25, which sought information regarding Plaintiff's prior psychiatric or psychological t.reatment, by objecting that the Interrogatory is overly broad and burdensome and would not lead to discovery of information relevant to this action. On or about October 9, 2001, Defendants filed a Motion to Compel an answer to written discovery regarding Plaintiff's history of psychiatric or psychological care or treatment. This Brief is filed in response to Defendants' Motion to Compel. II. Statement of Question Involved- SHOULD DEFENDANTS BE DENIED AN ANSWER TO THEIR INTERROGATORY # 25 ALTHOUGH PLAINTIFF HAS ALLEGED IN HER COMPLAINT THAT SHE ~---- SUFFERED MENTAL ANGUISH, A LOSS OF LIFE'S PLEASURES, EMBARRASSMENT AND HUMILIATION AS A RESULT OF THE MOTOR VEHICLE COLLISION THAT IS THE SUBJECT MATTER OF THIS LAWSUIT? Suggested Answer: Yes III. Argument: In this case, the Plaintiff, Deanna Murray, has not placed her mental condition in controversy by alleging in her complaint that she suffered mental anguish, loss of life' s pleasures, embarrassment or humiliation. The Plaintiff did not make any separate tort claim based upon mental damages. Plaintiff does not seek to present an expert to testify about mental anguish, loss of life's pleasures, embarrassment or humiliation. Further, Plaintiff is not seeking compensation for any treatment received by any psychologist or psychiatrist. In Smith v. J.I. Case Corporation, 163 F.R.D. 229 (E.D.Pa. 1995), a products liability case, the defendant sought to obtain Plaintiff's psychological records. The court found that the defendant was not entitled to plaintiff's psychological records, with the exception of records of a behavior psychologist whose bills the plaintiff claimed were co .mpensable. Any psychiatric disorders from which plaintiff has suffered are not relevant to this case. Further, so long as plaintiff does not claim that psychological treatment for the "embarrassment" which he suffers as a result of his injury is compensable, I shall not require him to provide defendant with records of therapy sessions in which he discussed this issue. Even if certain of these records are not privileged, which defendant argues, they concern very private matters which I shall not order plaintiff to divulge in the absence of evidence that they will lead to the dis¢over~ of admissible evidence. Smith v. J.I. Case Corporation, 163 F.R.D. 229 (E.D.Pa. 1995) (Emphasis added). "The practice (psychological delvings including exams) seems to be more and more in vogue of late for defendants to seek to partake of the in terrorem tactic of visiting upon a plaintiff a particularly intrusive incursion." Smith v. J.I. Case Corporation, 163 F.R.D. 229 (E.D.Pa. 1995). In F_etterhoff v. Zalezak, 34 Pa. D.& C.4th 67 (C.P. Dauphin, 1996), the plaintiffs filed a complaint seeking various damages as a result of a motor vehicle accident. Plaintiff sought, inter alia, damages for furore pain and suffering and diminution of her ability to enjoy life's pleasures. The defendant sought to obtain plaintiff's psychologica~ treatment records claiming that the plaintiff waived any privilege by putting her psychological condition at issue. The court noted that under Rost v. State Board of Psychology, 659 A.2d 626 (Pa. Cmwlth. 1995), where a Plaintiff in a civil suit places his or her mental condition directly at issue, the privilege is waived as to that condition and the plaintiff must either consent to the disclosure of information at issue or be precluded from pursuing claims related to his or her emotional and mental condition. "However, the scope of the waiver is not without limits. As stated in Premack v. J.C.J. Ogar Inc_._.~., 148 F.R.D. 140 (E.D.Pa. 1993), waiver extends only 'as to those communications directly related to the incident [or condition] that is the subject matter of the litigation.' Fetterhoff v. Zalezak, 34 Pa. D.& C.4th 67 (C.P. Dauphin, 1996) (citing Ros....._!t and .Premack, supra). · In Fetterhoff, Judge Turgeon addressed a prior Dauphin County common pleas case wherein the court ruled that a plaintiff cannot waive the privilege in a civil action and that therefore psychological records were protected from discovery. Judge Turgeon noted that while this case was overruled by Rost, the result in that case may have still been correct because the mental condition alleged by the plaintiff was not an independent psychological injury but an allegation of general mental suffering of the type that often accompany such personal injury actions. The Fetterhoff court found that the plaintiff dfd not place her psychological condition at issue. She made no allegation of mental suffering beyond her pain and suffering claim and sought no damages for mental health treatment. In the plaintiff's complaint, she merely sought recovery for normal pain and suffering damages commonly associated with her alleged injuries. Therefore, the court ruled, that defendant's motion to compel discovery should be denied. The Fetterhoffcase is analogous to the present matter because the Plaintiff, Deanna Murray, is not making any independent tort claim for mental or psychological damages. Rather, Plaintiff's claims surround the injuries she sustained as a result of a motor vehicle collision and any mental or psychological injuries for which she is seeking damages should fall under the general ambit of pain and suffering. Defendants should not be given the. opportunity to obtain embarrassing and humiliating material concerning plaintiffs absent some credible evidence that forcing the Plaintiff to provide this information will lead to the discovery of admissible evidence. In basic garden-variety tort quests for damages, which include claims for pain, suffering, embarrassment, humiliation and mental anguish, forcing the Plaintiff to waive their psychological or psychiatric privilege should be the exception and not the role. WHEREFORE, Plaintiff, Deanna Murray, respectfully requests that this Honorable Court Deny Defendants' Motion seeking to compel Plaintiff to disclose information regarding her prior psychiatric or psychological treatment. Respectfully submitted, HANDLe, HENN~. G ~ROSENBERG ~S'i~et~.. I~d, Esquire I.D. No. 72663 1300 Linglestown Road P.O. Box 60337 Harrisburg, PA 17110-1177 (717) 238-2000 Attorney for Plaintiff 34 Pa. D. & C.4th 67 ' · ' Page 2 1996 WL 943779 (Pa. Com. Pl.) Court of Common Pleas of Pennsylvania, Dauphin Defendant requested copies of Dr. Fink's records _ County. but was refused. Accordingly, on March 19, 1996, defendant filed a motion to compel the discovery of Fetterhoff plaintiff's psychological treatment records in the v. possession of Dr. Fink. Plaintiffs argue the records Zalezak are privileged pursuant to section 5944 of the Judicial Code which recognizes a privilege of No. 4152 S 1995. confidential communications between patients and their psychiatrists and licensed psychologists: September 11, 1996. FN1. The records indicate a history of depression On September 15, 1995, the plaintiffs filed a and the prescription of Prozac, that plaintiff has complaint against the defendant seeking various "psychological issues which may be adding extra damages as a result of an automobile accident which stress to this patient which could result in the occurred on November 15, 1993. It is alleged that worsening of spasms," and that her treatment providers "feel that stress has played a roll (sic) in defendant's negligence caused plaintiff Christine this patient's syndrome." (Defendant's brief, Fetterhoff to suffer "severe and permanent injuries exhibit A.) to her neck and back causing" chronic cervical sprain and strain, left shoulder rotator cuff tendinitis "No psychiatrist or person who has been licensed and cervical radiculopathy. (Con l l.)t under the Act of March 23, 1972 (P.L. 136, no. Plaintiff seeks, among other things, damages for 52), to practice psychology shall be, without the furore pain and suffering and diminution of her written consent of his client, examined in any civil ability to enjoy life's pleasures. (Complaint ¶¶14 and or criminal matter as to any information acquired in 16.) Plaintiff also seeks payment of her medical the course of his professional services in behalf of expenses. (Complaint ¶15.) such client. The confidential communications between a psychologist or psychiatrist and his client West Headnotes shall be on the same basis as those provided or prescribed by law between an attorney and client." Pretrial Procedure ~:::'36.1 . 42 Pa.C.S. §5944. 307Ak36.1 Most Cited Cases The defendant counters that the plaintiff has waived Where plaintiff made no allegation of mental raising this privilege by putting herpsychological suffering beyond her pain and suffering claim and condition at issue. Plaintiffs rely principally on a sought no damages for mental health treatment, she 1992 case in which I held that the psychiatrist/ did not place her psychological condition at issue, psychologist-patient privilege was absolute and not and defendant was therefore not entitled to discovery subject to waiver. McInnis v. John Wanamaker's of plaintiff's psychological treatment records. Inc., 112 Dauph. Rep. 130 (1992) (citing Commonwealth v. Kyle, 367 Pa. Super. 484, 533 TURGEON, J. A.2d 120 (1987), allot, denied, 518 Pa. 617, 541 A.2d 744 (1988)). See also, Commonwealth v. Gerald C. Kramer, for plaintiffs, Wilson, 529 Pa. 268, 602 A.2d 1290 (1992), cert. denied, 504 U.S. 977, 112 S.Ct. 2952 (1992). James G. Nealon III and Deborah A. Cavacini, for McInnis involved a civil lawsuit in which plaintiff defendant, alleged that in addition to the physical injuries she sustained from an escalator accident, she also During discovery, defendant ree'eived medical suffered memal anguish, suffering and humiliation. records from plaintiff's providers indicating that . plaintiff has a history of depression and that outside However, as noted in an opinion issued last week, stresses may be a factor in the plaintiff's persistent under recent appellate case law, the privilege is not pain. [FN1] In addition, defendant learned plaintiff absolute in civil actions, Nardella v. Datillo, nos. had been referred to and treated by Thomas Fink 1678 S 1994 and 2570 S 1994 (Dauph. C.P. Sept. 3, Ph.D., of the Hershey Pain Management Center. 1996), citing as follows' Copt. © West 2002 No Claim to Orig. U.S. Govt. Works 34 Pa. D. & C.4th 67 ' ' ' ' ' Page 3 "[S]ince Mclnnis was decided, the Commonwealth 262 n.10 (Judge Wettick noted that his holding that a Court has held that the privilege may be waived, in waiver under section 7111 of the Mental Health _ civil actions, 'where the client places the Procedures Act occurred where a plaintiff alleged confidential information at issue in the case.' Rost v. severe emotional trauma requiring psychiatric State Board of Psychology, 659 A.2d 626, 629 (Pa. treatment, did 'not necessarily extend to a personal Commw. 1995) (citing Premack v. J.C.J. Ogar Inc., injury action in which there is no claim for mental 148 F.R.D. 140 (E.D. Pa. 1993)). See also, Loftus health treatment and recovery is sought only for the v. Consolidated Rail Corp., 12 Pa. D. & C.4th 357, emotional distress which is ordinarily associated 359 (Cumb. C.P. 1991). Thus, it is controlling with the injury.')" Id at 5 n. 1 appellate law under Rost that where a plaintiff in a ' ' civil suit places his or her mental condition directly In this case, the allegations in the complaint at issue, the privilege is waived as to that condition indicate that plaintiff has not placed her and the plaintiff must either consent to the disclosure of the information at issue or be precluded from psychological condition at issue. She has made no pursuing claims related to his or her emotional and allegation of mental suffering beyond her pain and mental condition. Rost and Premack, supra, suffering claim and. seeks no damages for mental '" health treatment. Plaintiff does not seek recovery for "However, the scope of the waiver is not without medical expenses associated with her treatment by limits. As stated in Premack, waiver extends only Dr. Fink at the Hershey Pain Management Center. 'as to those communications directly related to the In her complaint, the plaintiff merely seeks recovery incident [or condition] that is the subject matter of for normal pain and suffering damages commonly the litigation.' Id. at 145." Id. at 4, 5. In a foomote associated with her alleged injuries. appended to this last sentence, I stated as follows: Accordingly, we enter the following: "Accordingly, insofar as Mclnnis held that waiver cannot occur in a civil action, it was overruled by ORDER Rost. However, the result in that case may have still been correct in that the mental condition alleged by And now, September 11, 1996, defendant's motion the plaintiff was not an independent psychological to compel discovery of psychological treatment injury but an allegation of general mental suffering records is hereby denied. of the type that often accompany ~uch personal injury actions. See Nicholaides v. Weber at 261, END OF DOCUMENT Copr. © West 2002 No Claim to Orig. U.S. Govt. Works DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · vs. · 01-1929 CIVIL · ROSE DELORES PRINDLE, ' CIVIL ACTION- LAW EXEL LOGISTICS, INC., · a/k/a EXEL, INC. and EXEL · . LOGISTICS, a/k/a, EXEL, INC., · Defendants · IN RE.: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this ~e- day of January, 2002, the motion of the defendants to compel plaintiff, Deanna M. Murray, to answer defendants' interrogatory number 25, is GRANTED and the plaintiff is directed to answer defendants' interrogatory number 25 within twenty (20) days of the date of' this order or be precluded from pursuing her claims related to her emotional and mental condition. It appearing that there has been no request for production of documents, the motion to compel plaintiff to sign medical authorizations is DENIED as premature. BY THE COURT, v/Stephen G. Held, Esquire ~A. Hess, J. For the Plaintiffs ~ '~' ~ o fi~" b~tephen E. Geduldig, Esquire ~~ For the Defendants ~ ~ :rlm :. DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · : v. · NO. 01-1929 Civil Term : CIVIL ACTION - LAW · ROSE DELORES PRINDLE, : EXEL LOGISTICS, INC., : a/k/a EXEL, INC. and : EXEL LOGISTICS, a/k/a : EXEL INC., : Defendants : ORDER AND NOW, this day of , 2002, upon consideration of the attached Motion to Compel of Defendants, Rose Delores Prindle, Exel Logistics inc. and Exel Logistics, it is hereby ORDERED that Plaintiff Deanna M. Murray shall attend an Independent Psychological Examination with Rick Sleber, M.A., or suffer the imposition of sanctions pursuant to Pa.R.C.P. 4019. By THE COURT' J · Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 3O5 North Front Street Post Office Box 999 Harrisburg, Pennsylvania z71o8 (717) 237-7zoo Attorneys for Defendants: E-Mail: seg~tthlaw, com ROS~. DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA · · v. · NO. 01-1929 Civil Term : CIVIL ACTION - LAW : ROSE DELORES PRINDLE, : EXEL LOGISTICS, INC., : a/k/a EXEL, INC. and : EXEL LOGISTICS, a/k/a : EXEL INC., : Defendants : DEFENDANTS' MOTION TO COMPEL AND NOW come the Defendants, Rose Delores Prindle, Exel Logistics Inc· and Exel Logistics, by their attorneys, Thomas, Thomas & Hafer, LLP, and move your Honorable Court to Order Plaintiff to undergo an Independent Psychological Examination and in support thereof aver as follows- 1. On April 3, 2001, Plaintiff Deanna M. Murray filed a Writ of Summons to commence an action against Defendants to recover damages arising out of a motor vehicle accident on April 26, 1999. 2. Plaintiff filed her Complaint on May 22, 2001, alleging that she suffered physical injuries as well as mental anguish, emotional loss, loss of life's pleasures, humiliation and embarrassment. See Plaintiff's Complaint, attached hereto and marked Exhibit "A". 3. By alle~in~ mental anguish, loss of life's pleasures, embarrassment and humiliation, Plaintiff has placed her psychological care or treatment at issue. 4. This court has previously recognized that Plaintiff has placed her psychological care or treatment at issue when it entered the January 8, 2002 Order compellin~ Plaintiff to si~n authorizations to allow Defendants to obtain Plaintiff's psychological records. A true and correct copy of that Order is attached hereto and marked Exhibit "B". 5. Pursuant to Pa.R.C.P. 4010, when the mental or physical condition of a party is in controversy, the Court in which the action is pendin~ may order the party to submit to a physical or mental examination by an examiner or to produce for examination the person in the party's custody or legal control. 6. Counsel for Defendants attempted to obtain available dates for an Independent Psychological Examination of the Plaintiff on more than one occasion. ~ correspondences of Defendants' counsel dated October 25, 2001, and December 14, 2001, attached hereto and marked Exhibits "C" and "D", respectively. 7. In a letter dated November 20, 2001, counsel for Plaintiff clearly indicated that Plaintiff would not undergo an Independent Psychological Examination without a court order. See correspondence of Plaintiff's counsel dated November 20, 2001, attached hereto and marked Exhibit "E". 8. Plaintiff has failed to set forth any basis for refusing to have Plaintiff attend an Independent Psychological Examination. 9. The Independent Psychological Examination is essential to the defense of this action. WHEREFORE Defendants respectfully request this Honorable Court to issue an Order compelling Plaintiff to undergo an independent psychological evaluation with Rick Sleber, M.A., or suffer the imposition of sanctions pursuant to Pa.R.C.P. 4019. Respectfully submitted, THOMAS, THOMAS & ~AFER, LLP :145238.1 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · vs. · 01-1929 CIVIL ROSE DELORES PRINDLE, · CIVIL ACTION - LAW EXEL LOGISTICS, INC., · a/k/a EXEL, INC. and EXEL · . LOGISTICS, a/k/a, EXEL, INC., · Defendants . IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this oc'e' day of January, 2002, the motion of the defendants to compel plaintiff, Deanna M. Murray, to answer defendants' interrogatory number 25, is GRANTED and the plaintiff is directed to answer defendants' interrogatory number 25 within twenty (20) days of the date of this order or be precluded from pursuing her claims related to her emotional and mental condition. It appearing that there has been no request for production of documents, the motion to compel plaintiff to sign medical authorizations is DENIED as premature. BY THE COURT, e/Stephen G. Held, Esquire ~a(A. Hess, J. For the Plaintiffs b~tephen E. Geduldig, Esquire ~~ For the Defendants :rlm Exhibit A DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff, ' CUMBERLAND COUNTY, PA v. · No. 01-1929 ROSE DELORES PRINDLE, · CIVIL ACTION - LAW EXEL LOGISTICS, INC., · a/k/a EXEL, INC., and · EXEL LOGISTICS, · a/k/a EXEL, INC. · ["ii;"': ~ -"-": Defendants ' JURY TRIAL DEMANDED _ , ,.. .... : ......?--. - . NOTICE · --~' ~ ..... :... .... _ ~7~: :~· ' ._..._~ -- ,._.:-. -:..,. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Courtyour defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 ,~' · DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff, · CUMBERLAND COUNTY, PA v. : No. 01-1929 ROSE DELORES PRINDLE, : CIVIL ACTION - LAW EXEL LOGISTICS, INC., : a/k/a EXEL, INC., and : EXEL LOGISTICS, : a/k/a EXEL, INC. : Defendants : JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas · demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 DEANNA M. MURRAY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA v. : No. 01-1929 ROSE DELORES PRINDLE, : CIVIL ACTION- LAW EXEL LOGISTICS, INC., : a/Ida EXEL, INC., and : EXEL LOGISTICS, : a/k/a EXEL, INC. : Defendants · JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Deanna M. Murray, by and through her attorneys, HANDLER, HENNING, & ROSENBERG, by Stephen G. Held, Esquire, and makes the within Complaint against the Defendants, Rose Delores Prindle, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics a/k/a Exelnlnc., as follows: 1. Plaimiff, Deanna M. Murray, is an adult individual currently residing at 33 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Rose Delores Prindle, is an adult individual currently residing at 31 Old Mill Road, Dillsburg, York County, Pennsylvania 17019 ~ 3. Defendant, Exel Logistics, Inc., ~a Exel Inc., and Exel Logistics a/k/a Exel, Inc., is a corporation currently doing business at 501 West Schrock Road, Westerville, Ohio 43081. 4. At all times material hereto, Plaintiff, Deanna M. Murray, was a passenger in a 1987 Ford Aerostar minivan bearing the license plate number PA ZET 890, that was insured by Erie Insurance Group under which motor vehicle insurance policy, Plaintiff was covered by the Full Tort Option which was in effect on April 26, 1999.. 5. At all times material hereto, Defendant, Rose Delores Prindle, was the operator of a vehicle owned by, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc. bearing the license plate number PA AB98226. 6. On or about, April 26, 1999, at approximately 1' 15 p.m., Defendant's vehicle was immediately behind Plaintiff's vehicle on Silver Springs Road. Plaintiff's vehicle was waiting t6 mm into the Kam's Market parking lot. Plaintiff' s vehicle had its mm signal on. 7. At approximately that same time and place, Defendant failed to observe Plaintiff's vehicle and, suddenly and without warning, the full-sized tractor trailer being operated by the Defendant plowed into the rear of Plaintiff's vehicle at approximately 40 mph. 8. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Deanna M. Murray sustained extensive injuries as set forth more specifically below. COUNT I DEANNA M. MURRAY v. ROSE DELORES PRINDI,I*, NEGLIGENCE 9. Paragraphs 1-8 are incorporated herein as if set forth at length. 10. The occurrence of the aforementioned collision and all the resultant injuries to Plaimiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiffs vehicle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before plowing imo Plaintiff s vehicle; (c) In failing to operate her vehicle under proper and adequate comrol so that she could have avoided striking Plaintiff' s vehicle; (d) In failing to regulate the speed of her vehicle so as to prevem a rear-end collision; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to keep a proper lookout for vehicles lawfully on Silver Springs Road; (h) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa. C.S.A. § 3714; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and (j) In driving her vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 11. As a direct and proximate result of the negligence of the Defendant, Rose Delores Pfindle, the Plaintiff, Deanna M. Murray, has suffered extensive and serious personal injuries, including, but not limited to, injuries to her neck, back and a six-inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the work at L 4/5. 12. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 13. As a result of the negligence of Defendant, Rose Delores Pfindle, the Plaintiff, Deanna M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 14. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, .. Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend .~' large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 4 , 15. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a result of negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 17. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. ' WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Rose Delores Prindle, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs, and demands a trial by jury. COUNT II DEANNA M. MURRAY v. EXEL LOGISTICS, INC., a.&/a EXI*,L, Inc., AND EXEL LOGISTICS a/k/a EXEL, INC. VICARIOUS LIABILITY 18. Paragraphs 1-17 are incorporated herein as if set forth at length. 19. At all times material to this action, Defendant, Rose Delores Prindle, was an agent, servant, and/or employee of Defendant, Exel Logistics, Inc., aJk/a Exel, Inc., and Exel Logistics, a~a Exel, Inc. 20. The occurrence of the aforememioned collision and all of the resultant injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, R0s~ Delores Prindle. 21. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Rose Delores Prindle, occurred while acting in and upon the business of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., and within the course and scope of her employment with said Defendant. 22. Defendant, Exel Logistics, Inc., a/~a Exel, Inc., and Exel Logistics, a/~a Exel, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Deanna M. Murray, which include, but not limited to, injuries to her neck, back and six inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. 23. As a result of the negligence of Defendant, Exel Logistics, Inc., a/~a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 24. As a result of the negligence of Defendant, Exel Logistics, Inc., a/~a Exel, Inc., and Exel Logistics, a~a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 25. As a result of the negligence of Defendant, Exel Logistics, Inc., a~a Exel, Inc., and Exel Logistics, aJk/a Exel, Inc., the Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 26. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 27. As a result of negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a~a Exel, Inc., the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 28. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the lost wages and income Plaintiff, 29. Deanna M. Murray has suffered and will in the future continue to suffer a loss of income and/or loss of earning capacity. 30. Defendant, Exel Logistics, Inc., a/~a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the great physical pain, discomfort, and mental anguish Plaintiff, Deanna M. Murray has suffered will continue to endure the same for an indefinite period of time in the furore. 31. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the expenses Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical 4 iL attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 32. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the for the great detrimem and loss Plaintiff, Deanna M. Murray, has suffered and will continue to suffer, from losing life's pleasures. 33. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, afk/a Exel, Inc., is vicariously liable for hindering Plaintiff, Deanna M. Murray, from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 34. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., in an amount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by Respectfully Submitted, HANDLER, HE~ING & ROSENBERG Date: ~'~"~,,~~., By: ~.. ": ' ~ Ste~'l~en G. Held, E Attorney ID # 72663 1300 Linglestown Road PO Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff VERIFICATION I, Deanna M. Murray, verify that the statements made in the preceding documem are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. I~eanna M. Murray / ...... Date' CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2001, I hereby certify that I have, on this date, served the within Complaint upon the Defendant, by sending a tree and correct copy of same to his attorney of record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Haler, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17018 HANDLER, HENNING & ROSENBERG Patricia Koh~ei~ Exhibit B DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS OF Plaimiff · CUMBERLAND CO~TY, PENNSYLVANIA vs. · 01- ! 929 CIVIL ROSE DELORES PRINDLE, · CIVIL ACTION - LAW EXEL LOGISTICS, INC., ' · a/Ida EXEL, INC. and EXEL ' LOGISTICS, eJlda, EXEL, INC., ' Defendants ' IN RE:- DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this o° ~' day of January, 2002, the motion of the defendants to compel plaintiff, Deanna M. Murray, to answer defendants' interrogatory number 25, is GRANTED and the plaintiff is directed to answer defendants' interrogatory number 25 within twenty (20) days of the date of this order or be precluded from pursuing her claims related to her emotional and mental condition. It appearing that there has been no request for production of documents, the motion to compel plaintiff to sign medical authorizations is DENIED as premature. B Y THE COURT, Stephen G. Held, Esquire ~~ij~A. Hess,. J. For the Plaintiffs Stephen E. Geduldig, Esquire ;~:, _, ..... ;.. ?.. For the Defendants --!('-i',.-,~ & t~ ..'-.~.'... i;..,- :rim ,.-z.~--. ..... "'" ' Prothonota'~3t Exhibit C (7~7) 237-7n9 E-Mail' seg@tthlaw, com December 14, 2OOl Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box n77 Harrisburg, Pennsylvania ~7~o8-n77 Re: Murray v. Prindle _and F, xel Io_m_'stice Cumberland County No. ox-xg~.9 Dear Stephen: We have scheduled an IME for Mrs. Murray with Robert R. Dahmus, M.D., in his Hershey office, 32 Northeast Drive, Suite 2o~, for January 8, 2002, at 4:15 p.m. I would also like to schedule an IPE with Rick Sleber, M.A. for January. Also, I would like to schedule Mrs. Murray's deposition for February ~8. Please give me a call to discuss. Very truly yours, THOMAS, THOMAS & HAFER, LLP By: Stephen E. Geduldig SEG/tk .~3o8~o.~s be: Ms. Linda Purves (Travelers Claim No. ~45 AB B9P6~3~E) Mr. Rob Whipple Exhibit (7~7) 237-7n9 E-Mail: seg@tthlaw, com October 25, 2OOl Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box Harrisburg, Pennsylvania ~7~o8-~77 Re: Murray v. Prindle ~---~ ~,---~ ~ · .. moerland County No. o1-1929 Dear Stephen: . Given the fact that it has now been over a month since we made a settlement offer in this case, and have received no response from you, we will assume that the offer is rejected. Please contact my office in the next week to advise of available dates of an IME with Robert R. Dahmus, M.D., and an independent psychiatric examination with Rick Sleber, M.A. Very tnlly yours, THOMAS, THOMAS & HAFER, LLP By: SEG/tk :~s0a~0.~ Stephen E. Geduldig bc: Ms. Linda Purves (Travelers Claim No. ~45 AB BgP6~3~E) · Mr. Rob Whipple Exhibit E HARRISBURG OFFICE H r , oo Unglestown Road I Harrisburg, PA 17110 . i nn,ng eGrg ! -800-422-2224 7 ! 7-233-3029 (fax) ' osenb LANC~TER OFFICE - 140A E King Street A T TO R N E YS AT L AY(~ Lancaster, PA 17602 717-431-4000 Leslie B. Handler, Retired W. Scott Henning DIRECT MAIL TO: David H Rosenberg {PA, FL} P.O. Box 1 ! 77 Carolyn M. Anner IP^, NY, RNI November 20, 200 1 Harrisburg, PA ! 7108 Matthew S. Crosby {PA, NJ) Gregory M. Feather {PA, NJ) Stephen G. Held www. HHRLaw.com Samuel Handler {! 922-70) held@hhrlaw.com Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street P O Box 999 Harrisburg, PA 17108-0999 RE: Deanna M. Murray v. Excel Logistics Dear Steve: It was my understanding that you were going to attempt to schedule an IME with Dr. Dahmus, as well as a psychological IME. ! have not heard anything from you regarding potential dates for these IME's. My client undergoes back surgery on December 7. She would be available for an IME either the 5th or 6th of December. If either of th'ose dates are available with Dr. Dahmus, I recommend you get the IME scheduled. The reason I am concerned about this is in my conversation with Linda Pervus, she indicated that she felt the fact my client was having surgery would amount to spoilation. I pointed out to her that that is a term not applicable in this situation.but would be a products liability action. However, I wish to give an opportunity for an IME to be scheduled. If the only available dates are other than the 5th and 6th of December, please contact me and I will see if another available date and time is an option. Regarding a psychological IME, i will oppose that and I suggest you file a Petition with the Court in order to get that scheduled. However, there is not the urgency for the psychological IME as the o,,thopedic IME with the surgery being contemplated. Absent hearing from you I will assume that no dates can be scheduled between now and my client's surgery. Very truly yours, HANDLER, HENNING & ROSENBERG SGH/pjk Step cc: Deanna M. Murray CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the fore9oin9 document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the /..~~day of February, 2002, on all counsel of record as follows. Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP ~phen E. Geduldig, Esquire '130042.1 Stephen E.. Geduldig, Esquire Attorney I D. No. 43530 ~ T}IO/VlA$, TItOMa ~ 305 No~ ~-_ '*~%S & HA~I~.~ .~ Post Offi~L tr°nt Street '~,~. 0 2002 ,.c nox 99o Harr/sburg, Penns½1vania 17zo8 (7~7) 237,7~oo E-Mail: ~ --- ~ ROSE DELOREs PRINDI.~, EXEL LOGISTIcs, INc. and F-,XEL LOGISTics D/~~~ M. MI./R/¢~Y, Attorneys for Defendants: Plaintiff · z~ ~~ co~~ o~ - ~ · c~s~~~~ co~,,.c. Oi~o~ P~s~s o · · ' PENNSYLVANIA · NO. 03--1929 Civil Term · CIVIL ACTION _ ROSE DELOREs PRINDLE, · LAW EXEL LOGISTics, INC., · a/k/a EXEL, INC. and ' EXEL LOGISTIcs a/k/ EXEL INC. ' a ' · Defendants · · MTINT On or about April 3, 2001, Plaintiff Deanna M. MUrray Commenced this action by filing a Writ of SUmmons against Defendants Rose Delores Prindle, EXel Logistics, Inc., and EXel LOgistics, to recover damages arising out of a mOtor Vehicle accident Which OCcurred on April 26, 1999. Plaintiff filed her ComPlaint on May 22, 2001, alleging that she suffered physical injuries as well as mental anguish, emotional loss, loss of life,s Pleasures, humiliation and e~arrassment' ~ EXhibit "A", attached to Defendants, Corresponding motion. This Court has previously recognized that Plaintiff has placed her psychological care or treatment at issue when it entered the January 8, 2002 Order compellin~ Plaintiff to si~n authorizations to allow Defendants to obtain Plaintiff,s psychological records. ~ Exhibit "B" attached to Defendants, correspondin~ motion. Defendants filed a motion to compel Plaintiff to undergo an Independent Psychological Examination by Rick Sleber, M.A., or suffer the imposition of sanctions. This brief is in support of said motion. II. A. WHETHER PLAINTIFF SHOULD BE COMPELLED TO UNDERGO AN INDEPENDENT PSYCHOLOGICAL EXAMINATION WHEN PLAINTIFF HAS PLACED HER PSYCHIATRIC CARE OR TREATMENT AT ISSUE BY ALLEGING THAT SHE SUFFERED MENTAL ANGUISH, EMOTIONAL LOSS, LOSS OF LIFE'S PLEASURES HUMILIATION AND EMBARRASSMENT? ' Suggested Answer- YES III. ARGUME~ Under the Pennsylvania Rules of Civil Procedure, when the mental or physical condition of a party is in controversy, the Court in which the action is pendin~ may order the party to submit to a physical or mental examination by an examiner or to produce for examination the person in the party's custody or legal control. Pa.R.C.P.4010. By alle~in~ mental anguish, loss of life's pleasures, humiliation and embarrassment, Plaintiff has placed her psychological care of treatment at issue. Counsel for Defendants attempted to obtain available dates for an Independent Psychological Examination of the Plaintiff on more than one occasion. _~ Exhibits "C" and ~D" attached to Defendants, correspondin~ motion. In a letter dated November 20, 2001, counsel for Plaintiff clearly indicated that Plaintiff would not undergo an Independent Psychological Examination without a court order. See Exhibit "E" attached to Defendants, correspondin~ motion. Plaintiff has failed to set forth any basis for refusin~ to have Plaintiff attend an Independent Psychological Examination, especially where this Court has already recognized Defendant,s entitlement to explore Plaintiff,s prior psychiatric and psychological history. The Independent Psychological Examination is essential to the defense of this action. IV. --CONCLUSIO~ Defendants respectfully request this Court to issue an Order compellin9 Plaintiff to undergo an Independent Psychological Evaluation with Rick Sleber, M.A., or suffer the imposition of sanctions pursuant to Pa.R.C.p. 4019. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By- . · 152500.3 ~ Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS 4 CERTIFI ATE OF ERVI E I hereby certify that a true and correct copy of the fore~oin~ document was served by depositin~ the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the /~~ _ day of February, 2002, on all counsel of record as follows. Stephen G. Held, Esquire ~ANDLER, ~{ENNING &ROSm. NBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP · ~30042.~ Stephen E. Geduldig, Esquire Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAs, TItO~ & HAFER, LLP 3o5 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17io8 (717) 237-7~oo E-Mail: ~ ROSE DELORES PRINDLE, EXEL LOGISTICS, INC. and EXEL LOGISTICS Attorneys for Defendants: DEANNA M. MURRAY, ' IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY PENNSYLVANIA · · V. · NO. 01-1929 Civil Term · CIVIL ACTION - LAW ROSE DELORES PRINDLE, . EXEL LOGISTICS, INC., . a/k/a EXEL, INC. and . EXEL LOGISTICS, a/k/a EXEL INC. , Defendants . AND NOW come the Defendants, Rose Delores Prindle, Exel LogiStics Inc. and Exel Logistics, by their attorneys, Thomas, Thomas & Hafer, LLP, and move your Honorable Court to Order Plaintiff to answer written discovery regarding her history of Psychiatric or psychological care or treatment and in support thereof aver as follows. 1. On April 3, 2001, Plaintiff Deanna M. MUrray filed a Writ of Summons to commence an action against Defendants to recover damages arising out of a motor vehicle accident on April 26, 1999. 2. Plaintiff filed her Complaint on May 22, 2001, alleging that she suffered physical injuries as well as mental anguish, emotional loss, loss of life's pleasures, humiliation and embarrassment. See Plaintiff, s Complaint, attached hereto and marked Exhibit "A". 3. On or about June 8, 2001, Defendants sent Interrogatories and Requests for Production of Documents to Plaintiff. 4. Defendants, Interrogatory #25 inquired about Plaintiff, s previous history regarding psychiatric or psychological care or treatment. See Interrogatory #25, attached hereto and marked Exhibit "B". 5. Defendants received Plaintiff, s written responses to Defendants, discovery on or about August 10, 2001. 6. Plaintiff objected to Defendants, Interrogatory #25, and stated that it was "overly broad and burdensome and would not lead to discovery of information relevant to this action." See Plaintiff, s objection to Interrogatory #25, attached hereto and marked Exhibit "C". 7. The Commonwealth Court has held that where a plaintiff in a civil suit places his or her mental condition directly at issue, the privilege is waived as to that condition and the plaintiff must either consent to the disclosure of the information at issue or be precluded from pursuing claims treatment. See Defendants' medical authorizations, attached hereto and marked Exhibit "E". 14. Plaintiffs refused to sign and return said authorizations. 15. Moreover, Plaintiff has waived any objection to production of this material based on privilege by not asserting it as a basis for objection to this discovery. WHEREFORE Defendants respectfully request this Honorable Court to issue an Order compelling Plaintiff to answer Question #25 of Defendants' written Interrogatories within twenty (20) days of the date of the Order or be precluded from pursuing her claims related to her emotional and mental condition. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~y. By- :145238.1 STEPHEN E. GEDULDIG, ESQUIREJ Attorney I.D. No. 43530 Attorneys for Defendants, ROSE DELORES PRINDLE and EXEL LOGISTICS, INC. and EXEL LOGISTICS Exhibit A DEANNA M. MURRAY, ' IN THE COURT OF COMMON PLEAS Plaintiff, · CUMBERLAND COUNTY, PA V. · No. 01-1929 ROSE DELORES PRINDLE, ' CIVIL ACTION - LAW EXEL LOGISTICS, INC., . a/k/a EXEL, INC., and . EXEL LOGISTICS, . ~:~ ..... a/k/a EXEL, INC. . , .. Defendants JURY TRIAL DEMANDED ?..? .. :- .~ _: -.' ~ -...'.:. .._ · -:.:~ . · .:~7' .. -" "'~ - - _. ' NOTICE -- ~':- t' ~.) ----' You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Courtyour defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 DEANNA M. MURRAY, ' IN THE COURT OF COMMON PLEAS Plaintiff, ' CUMBERLAND COUNTY, PA v. ' No. 01-1929 ROSE DELORES PRINDLE, ' CIVIL ACTION- LAW EXEL LOGISTICS, INC., · a/k/a EXEL, INC., and . EXEL LOGISTICS, . a/Ma EXEL, INC. . Defendants ' JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al'partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff, ' CUMBERLAND COUNTY, PA v. ' No. 01-1929 ROSE DELORES PRINDLE, ' CIVIL ACTION- LAW EXEL LOGISTICS, INC., · a/k/a EXEL, INC., and . EXEL LOGISTICS, . a/k/a EXEL, INC. . Defendants ' JURY TRIAL DEMANDED _COMPLAINT AND NOW, comes the Plaintiff, Deanna M. Murray, by and through her attorneys, HANDLER, HENNING, & ROSENBERG, by Stephen G. Held, Esquire, and makes the within Complaint against the Defendants, Rose Delores Prindle, Exel Logistics, Inc., a)k/a Exel, Inc., and Exel Logistics a/k/a Exelnlnc., as follows' · . 1. Plaintiff, Deanna M. Murray, is an adult individual currently residing at 33 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Rose Delores Prindle, is an adult individual currently residing at 31 Old Mill Road, Dillsburg, York County, Pennsylvania 17019 .~' 3. Defendant, Exel Logistics, Inc., a/~a Exel Inc., and Exel Logistics a/k/a Exel, Inc., is a corporation currently doing business at 501 West Schrock Road, Westerville, Ohio 43081. 4. At all times material hereto, Plaintiff, Deanna M. Murray, was a passenger in a 1987 Ford Aerostar minivan bearing the license plate number PA ZET 890, that was insured by Erie Insurance Group under which motor vehicle insurance policy, Plaintiff was covered by the Full Tort Option which was in effect on April 26, 1999.. 5. At all times material hereto, Defendant, Rose Delores Prindle, was the operator of a vehicle owned by, Exel Logistics, Inc., a/14a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc. bearing the license plate number PA AB98226. 6. On or about, April 26, 1999, at approximately 1'15 p.m., Defendant's vehicle was immediately behind Plaintiffs vehicle on Silver Springs Road. Plaintiff' s vehicle was waiting tO mm into the Karn's Market parking lot. Plaintiff' s vehicle had its mm signal on. 7. At approximately that same time and place, Defendant failed to observe Plaintiff' s vehicle and, suddenly and without warning, the full-sized tractor trailer being operated by the Defendant plowed into the rear of Plaintiff s vehicle at approximately 40 mph. 8. As a direct and proximate result of the negligence ofthe Defendant, Plaintiff, Deanna M. Murray sustained extensive injuries as set forth more specifically below. COUNT I DEANNA M. MURRAY v. ROSE DELORES PRINDLE NEGLIGENCE.. 9. Paragraphs 1-8 are incorporated herein as if set forth at length. o, , 10. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Rose Delores Prindle, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff s vehicle; (b) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before plowing into Plaintiff' s vehicle; (c) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff' s vehicle; (d) In failing to regulate the speed of her vehicle so as to prevent a rear-end collision; (e) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (f) In failing to maintain proper and adequate 'observation of the existing traffic .. conditions; (g) In failing to keep a proper lookout for vehicles lawfully on Silver Springs Road; (h) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa. C.S.A. § 3714; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and (j) In driving her vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code' of the Commonwealth of Pennsylvania. 11. As a direct and proximate result of the negligence of the Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered extensive and serious personal injuries, including, but not limited to, injuries to her neck, back and a six-inch laceration to the scalp. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the work at L 4/5. 12. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 13. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 14. As a result of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been compelled, in order to effect a cure for aforesaid injuries, to expend .~' large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 4 15. As aresult of the negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a result of negligence of Defendant, Rose Delores Prindle, the Plaintiff, Deanna M. Murray, has been, and probably will in the furore be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 17. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Rose Delores Prindle, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs, and demands a trial by jury. COUNT II __ DEANNA M. MURRAY v. EXEL LOGISTICS INC. VICARIOUS LIABILITY 18. Paragraphs 1-17 are incorporated herein as if set forth at length. 19: At all times material to this action, Defendant, Rose Delores Prindle, was an .~' agent, servant, and/or employee of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, aJ~a Exel, Inc. 20. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Deanna M. Murray, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, R°s~ Delores Prindle. 21. The aforementioned negligent, careless, and/or reckless conduct of Defendant, Rose Delores Prindle, occurred while acting in and upon the business of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., and within the course and scope of her employment with said Defendant. 22. Defendant, Exel Logistics, Inc., a~a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the extensive and personal injuries suffered by Plaintiff, Deanna M. Murray, which include, but not limited to, injuries to her neck, back and six inch laceration to the scalp'. Surgery performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. 23. As a result of the negligence of Defendant, Exel Logistics, Inc., a~a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 24. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/~a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered great Physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 25. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has been compelled, in order to 6 effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the furore, to her great detriment and loss. 26. As a result of the negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/~a Exel, Inc., the Plaintiff, Deanna M. Murray, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 27. As a result of negligence of Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., the Plaintiff, Deanna M. Murray, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 28. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the lost wages and income Plaintiff, 29. Deanna M. Murray has suffered and will in the future continue to suffer a loss of income and/or loss of earning capacity. 30.. Defendant, Exel Logistics, Inc.., a/~a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the great physical pain, discomfort, and mental anguish Plaintiff, Deanna M. Murray has suffered will continue to endure the same for an indefinite period of time in the future. 31. Defendant, Exel Logistics, Inc., a~a Exel, Inc., and Exel Logistics, aYk/a Exel, Inc., is vicariously liable for the expenses Plaintiff, Deanna M. Murray, has been compelled, in brder to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical · attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 32. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a/k/a Exel, Inc., is vicariously liable for the for the great detriment and loss Plaimiff, Deanna M. Murray, has suffered and will continue to suffer, from losing life's pleasures. 33. Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, afk/a Exel, Inc., is vicariously liable for hindering Plaintiff, Deanna M. Murray, from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 34. Plaintiff, Deanna M. Murray, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Deanna M. Murray, seeks damages from Defendant, Exel Logistics, Inc., a/k/a Exel, Inc., and Exel Logistics, a~a Exel, Inc., in an amount in excess of twenty-five thousand dollars ($25,000.00) exclusive of interest and costs, and demands a trial by Respectfully Submitted, HANDLER, HENNING & ROSENBERG Date' ~11~"~~~ By: ~"' '~ ~ Ste~'l~en G. Held, E Attorney ID # 72663 1300 Linglestown Road PO Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff VERIFICATION I, Deanna M. Murray, verify that the statements made in the preceding document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Deanna M. Murray Date:_ S- ~-~, -01 _ CERTIFICATE OF SERVICE AND NOW, this ~_ day of May, 2001, I hereby certify that I have, on this date, served the within Complaint upon the Defendant, by sending a true and correct copy of same to his attorney of' record, and including a copy to all parties of interest via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17018 HANDLER, HENNING & ROSENBERG ratricia Koh~eifi Exhibit B 25. State whether you have ever received psychiatric or psychological care or treatment, and if so, state the following: (a) the nature of the disorder for which you were treated and the name and address and specialty of the person treating you; (b) the dates for which treatment was given; and (c) whether you were ever confined to any institution for the treatment of such disorders, and if so, state the name and address of such institutions and the date of confinement. ANSWER: Exhibit C 25. State whether you have ever received psychiatric or psychological care or treatment, and if so, state the following. (a) the nature of the disorder for which you were treated and the name and address and specialty of the person treating you; (b) the dates for which treatment was given; and (c) whether you were ever confined to any institution for the treatment of such disorders, and if so, state the name and address of such institutions and the date of confinement. ANSWER: _. o Plaintiff objects to this Interrogatory as it is overly broad and burdensome and would not lead to discovery of information relevant to this action. Exhibit Exhibit E Name: Donna Murray Date o~ Birth: ___~___8~ Social Security No. 179-44-9044 to release complete copies of my records to iTa~?~~i~z eet 6th Floo~ ed for the purpose of Civil Penns lvania 17108-0999- Litigation. Documents requested: treatment. This authorization shall be valid from the date of signing until the settlement of my lawsuit, but in no event shall this Authorization be valid after the date of settlement. I understand that this consent may be revoked by me or my attorneys, in writing, at any time. I have read this Authorization and fully understand that nature of this Authorization. Date: Signature: ~ Date: --- Witness: ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of October, 2001, on all counsel of record as follows- Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire · 130042.1 DEANNA M. MURRAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA .- vs. : 01-1929 CIVIL ROSE DELORES PRINDLE, : CIVIL ACTION- LAW EXEL LOGISTICS, INC., : a/k/a EXEL, INC. and EXEL : LOGISTICS, a/k/a, EXEL, INC., : Defendants : IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this ;10" day of November, 2001, a brief argument on the within motion to compel is set for Thursday, January 3, 2002, at 3'30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ess, J. Stephen G. Held, Esquire For the Plaintiffs Stephen E. Geduldig, Esquire~~]1~ For the Defendants ~'3 °0~ Stephanie E. Chertok, Esquire Brian C. Caffrey, Esquire C. Kent Price, Esquire :rim DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA · vs. · 01-1929 CIVIL · ROSE DELORES PR1NDLE, ' CIVIL ACTION- LAW EXEL LOGISTICS, INC., · a/k/a EXEL, INC. and EXEL · LOGISTICS, a/k/a, EXEL, INC., · Defendants . IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this ~ .r' day of February, 2002, a brief argument on the within motion to compel is set for Thursday, April 4, 2002, at 2'00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, .,8~ephen G. Held, Esquire . ~.. For the Plaintiffs ..'~ephen E. Geduldig, Esquire For the Defendants :rim DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-1929 V, ROSE DELORES PRINDLE and · CIVIL ACTION -LAW EXCEL LOGISTICS, INC., a/k/a ' EXCEL INC., AND EXCEL LOGISTICS · alk/a EXCEL INC. Defendants · JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL EVALUATION PURSUANT TO Pa.R.C.P 4010 1. Admitted. 2. Admitted. .. 3. Denied. Defendants makes nothing more than a bald assertion that Plaintiff has placed her psychological status 'at issue. 4. Admitted. 5. Admitted in part and denied in part. The Rule as stated is correct in part, but Defendants have conveniently left out the relevant sections which require good cause for the examination because plair~tiff placed her psychological status at issue. See Pa.R.C.P. 4010 (a)(2) and (a)(3). Plaintiff avers and contends that she has not placed her psychological status at issue and Defendants have not illustrated good cause. 6. Admitted. 7. Admitted. 8. Denied. Paragraph 8 contains conclusions of law to which no response is required. If a response were judicially determined to be required, the allegations in Paragraph 8 are specifically denied. 9. Denied. Paragraph 9 contains conclusions of law to which no response is required. If a response were judicially determined to be required, the allegations in Paragraph 9 are specifically denied. WHEREFORE, Plaintiff, Deanna Murray respectfully requests this Honorable Court to issue an Order DENYING Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation pursuant to Pa.R.C.P. 4010. Respectfully Submitted, Handler, Henning & Rosenberg 5-~e [:Jl:~ n~ , Esquire Attorney ID # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff CERTIFICATE OF SFRVIC~= AND NOW, this ~{, day of_ /~_,-,_t,.. ,2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esq. Thomas, Thomas & Haler, LLP 305 N. Front Street P O Box 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG Patricia K(~hn~eir{ -- DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. 01-1929 ROSE DELORES PRINDLE and · CIVIL ACTION - LAW c) ~_-:., ;~.__:.~ C-' ~'~ _.~. EXCEL LOGISTICS, INC., alk/a · :~-- EXCEL INC., AND EXCEL LOGISTICS · r;:i~";':'; alk/a EXCEL INC. . ~, ~--- G,'.~ ** .... ' ' Defendants · JURY TRIAL DEMANDED re: ~..-.~ ... ~:....,... .~.~.. ~.-.:.', ...... '." ,~.-. --- ~!~ .. ;..:~ i ~"~ PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL EVALUATION PURSUANT TO Pa.R.C.P 4010 1. Admitted. 2. Admitted. 3. Denied. Defendants makes nothing more than a bald assertion that Plaintiff has placed her psychological status at issue. 4. Admitted. 5. Admitted in part and denied in par/. The Rule as stated is correct in part, but Defendants have conveniently left out the relevant sections which require good cause for the. examination because Plaintiff placed her psychological status at issue. See Pa.R.C.P. 4010 (a)(2) and (a)(3). Plaintiff avers and contends that she has not placed her psychological status at issue and Defendants have not illustrated good cause. 6. Admitted. 7. Admitted. 8. Denied. Paragraph 8 contains conclusions of law to which no response is required. If a response were judicially determined to be required, the allegations in paragraph 8 are specifically denied. 9. Denied. Paragraph 9 contains conclusions of law to which no response is required. If a response were judicially determined to be required, the allegations in Paragraph 9 are specifically denied. WHEREFORE, Plaintiff, Deanna Murray respectfully requests this Honorable Court to issue an Order DENYING Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation pursuant to Pa.R.C.P. 4010. Respectfully Submitted, Handler, Henning & Rosenberg Date' ]1~1~~ By: ~ squire Attorney ID # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this ~'~ day of /h. ,.. ~, ,2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows' Stephen E. Geduidig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street P O Box 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG Patricia K(Jhn~ei~ DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1929 : ROSE DELORES PRINDLE and : CIVIL ACTION - LAW EXCEL LOGISTICS, INC., aik/a : EXCEL INC., AND EXCEL LOGISTICS: alk/a EXCEL INC. : Defendants : JURY TRIAL DEMANDED BRIEF IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL EVALUATION PURSUANT TO Pa.R.C.P 4010 I. Procedural History Plaintiff, Deanna Murray, commenced this action by filing a Writ of Summons against Defendants. Rose Delores Prindle, Excel Logistics, Inc., and Excel Logistics, in Cumberland County on or about April 3, 2001. Plaintiff filed her Complaint on May 22, 2001, alleging she suffered serious personal injuries in an motor vehicle accident which occurred on April 26, 1999. The instant matter before this Court is Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation. II. Factual History This action arises from the serious personal injuries that Plaintiff suffered when Defondant, Rose Delores Prindle, driving a tractor trailer owned and operated by Defendant, Excel Logistics, Inc., and Excel Logistics, violently plowed into the rear of the vehicle I Plaintiff was a passenger in at 40 miles per hour. Plaintiff sufferedinjuries to her neck, back and six-inch laceration to the scalp. Surgeries performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. III. Question Presented Should Plaintiff be compelled to undergo an Independent Psychological Examination when she has not placed her psychological condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination? Suggested Answer: In the Negative IV. Argument Plaintiff should not be compelled to undergo an Independent Psychological Examination because she has not placed her Psychological Condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination. The Pennsylvania Rules of Civil Procedure provide when the mental or physical condition of a party is in controversy, the court may order the party to submit to a physical or mental examination. The order may only be made on motion for good cause shown. Pa. R.C.P. 4010 (a)(2)-(3). Defendants' Motion to Compel should be denied because the Plaintiff has not placed her psychological condition in controversy and Defendants have failed to show good cause. Plaintiff alleges in her Complaint that she suffered physical injuries from the motor vehicle accident of April 26, 1999. Plaintiff alleged in conjunction with her physical injury that she suffered mental anguish, loss of life's pleasures, embarrassment and humiliation. Plaintiff contends that she did not allege an independent, free standing psychological injury in her Complaint, but rather an allegation of general mental suffering of the type that commonly accompanies a personal injury action. Further, Plaintiff is not seeking damages for mental health treatment. Nor does Plaintiff seek recovery for medical expenses associated with her mental health treatment at Holy Spirit Hospital. See. Fetterhoff v. Z__aleza~, 34 Pa. D & C 4th 67, 70 (1996). Plaintiff contends Defendants have made a bald assertion that her psychological condition is at issue. Plaintiff believes and avers that her psychological condition is not and has not been placed in controversy whatsoever by her Complaint, therefore; Defendants' Motion to Compel should be denied. In order to protect against an undue invasion of the privacy rights of individuals whose metal or physical condition is in controversy, Pennsylvania Rule of Civil procedure 4010 (a)(3) conditions the granting of a motion for a medical examination on several requirements. Goodrich Amram § 4010(a):1; See. State Farm Ins. Co. v. Swantner, 406 Pa. Super. 235, 594 A2d 1380 (1991). The Rule specifically requires that the moving party establish that good cause exists to support a court order for such an examination. The trial court must decide whether the moving party has adequately demonstrated good cause. In the instant case, Defendants have not provided one iota of support to demonstrate good cause, but for alleging that they need a court ordered psychological examination of Plaintiff. The Supreme Court has enumerated several factors that do not meet the good cause standard, mere conclusory allegations of the pleading or by mere relevance of the physical or mental condition to the case. See. ~,379 US 104 (1964); Goodrich Amram § 4010(a).10. Plaintiff believes and avers that Defendants have not demonstrated good cause adequately, therefore; Defendants' Motion to Compel should be denied. V. Conclusion Plaintiff, Deanna Murray, respectfully requests this Honorable Court to DENY Defendants' Motion to Compel because Plaintiff's mental condition is not and has not been placed in controversy along with the fact that Defendants did not adequately demonstrate good cause for the Court to order a psychological examination. Respectfully Submitted, Handler, Henning & Rosenberg Esquire Attorney ID Ct 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this '~ day of___~_ ~/~--__, 2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows. Stephen E. Geduldig, Esq. Thomas, Thomas & Haler, LLP 305 N. Front Street P O Box 999 Harrisburg, PA 17108_0999 HANDLER, HENNING & ROSENBERG DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA V. · NO. 01-1929 ROSE DELORES PRINDLE and · CIVIL ACTION -LAW EXCEL LOGISTICS, INC., alk/a EXCEL INC., AND EXCEL LOGISTICS a/k/a EXCEL INC. . Defendants · JURY TRIAL DEMANDED BRIEF IN SUPPORT OF PLAINTIFF'S RESPONSE TO _ DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL I. Procedural History Plaintiff, Deanna Murray, commenced this action by filing a Writ of Summons against Defendants. Rose Delores Prindle, Excel Logistics, Inc., and Excel Logistics, in Cumberland County on or about April 3, 2001. Plaintiff filed her Complaint on May 22, 2001, alleging she suffered serious personal injuries in an motor vehicle accident which occurred on April ' 26, 1999. The instant matter before this Court is Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation. !1. Factual History This action arises from the serious personal injuries that Plaintiff suffered when Defendant, Rose Delores Prindle, driving a tractor trailer owned and operated by Defendant, Excel Logistics, inc., and Excel Logistics, violently plowed into the rear of the vehicle Plaintiff was a passenger in at 40 miles per hour. Plaintiff sufferedinjuries to her neck, back and six-inch laceration to the scalp. Surgeries performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4~5. II!. Question Presented Should Plaintiff be compelled to undergo an Independent Psychological Examination when she has not placed her psychological condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination? Suggested Answer: In the Negative IV. Argument Plaintiff should not be compelled to undergo an Independent Psychological Examination because she has not placed her Psychological Condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination. The Pennsylvania Rules of Civil Procedure provide when the mental or physical condition of a party is in controversy, the court may order the party to submit to a physical or mental examination. The order may only be made on motion for good cause shown. Pa. R.C.P. 4010 (a)(2)-(3). Defendants' Motion to Compel should be denied because the Plaintiff has not placed her psychological condition in controversy and Defendants have failed to show good cause.. m. Plaintiff alleges in her Complaint that she suffered physical injuries from the motor vehicle accident of April 26, 1999. Plaintiff alleged in conjunction with her physical injury that she suffered mental anguish, loss of life's pleasures, embarrassment and humiliation. Plaintiff contends that she did not allege an independent, free standing psychological injury in her Complaint, but rather an allegation of general mental suffering of the type that commonly accompanies a personal injury action. Further, Plaintiff is not seeking damages for mental health treatment. Nor does Plaintiff seek recovery for medical expenses associated with her mental health treatment at Holy Spirit Hospital. See. F__etterhoff v. _ Zalezak, 34 Pa. D & C 4th 67, 70 (1996). Plaintiff contends Defendants have made a bald assertion that her psychological condition is at issue. Plaintiff believes and avers that her psychological condition is not and has not been placed in controversy whatsoever by her Complaint, therefore; Defendants' Motion to Compel should be denied. · In order to protect against an undue invasion of the privacy rights of individuals whose metal or physical condition is in controversy, Pennsylvania Rule of Civil procedure 4010 (a)(3) conditions the granting of a motion for a medical examination on several requirements. Goodrich Amram § 4010(a)'1; See. State Farm Ins. Co. v. Swantner, 406 Pa. Super. 235, 594 A2d 1380 (1991). The Rule specifically requires that the moving party establish that good cause exists to support a court order for such an examination. The trial court must decide whether the moving party has adequately demonstrated good-cause. In · . the instant case, Defendants have not provided one iota of support to demonstrate good cause, but for alleging that they need a Court ordered psychological examination of Plaintiff. The Supreme Court has enumerated several factors that do not meet the good cause standard' mere conclusory allegations of the pleading or by mere relevance of the physical or mental condition to the case. See. Schla enhauf v. Holder ,379 US 104 (1964); Goodrich Amram § 4010(a)'10. Plaintiff believes and avers that Defendants have not demonstrated good cause adequately, therefore; Defendants' Motion to Compel should be denied. V. Conclusion Plaintiff, Deanna Murray, respectfully requests this Honorable Court to DENY Defendants' Motion to Compel because Plaintiff's mental condition is not and' has not been placed in controversy along with the fact that Defendants did not adequately demonstrate good cause for the Court to order a psychological examination. Respectfully Submitted, Handler, Henning & Rosenberg Esquire Attorney ID # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this '~ day of ~_~,,_L_ ,2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows' Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street P O Box 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG Patricia Kohrfi~in DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, · NO. 01-1929 ROSE DELORES PRINDLE and ' CIVIL ACTION- LAW EXCEL LOGISTICS, INC., alk/a EXCEL INC., AND EXCEL LOGISTICS ' a/k/a EXCEL INC. Defendants ' JURY TRIAL DEMANDED BRIEF IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANTS, MOTION TO COMPEL PLAINTIFF TO ATTEND AN INDEPENDENT PSYCHOLOGICAL I. Procedural History Plaintiff, Deanna Murray, commenced this action by filing a Writ of Summons against Defendants. Rose Delores Prindle, Excel Logistics, Inc., and Excel Logistics, in Cumberland County on or about April 3, 2001. Plaintiff filed her Complaint on May 22, 2001, alleging she suffered serious personal injuries in an motor vehicle accident which occurred on April . 26, 1999. The instant matter before this Court is Defendants' Motion to Compel Plaintiff to attend an Independent Psychological Evaluation. II. Factual History This action arises from the serious personal injuries that Plaintiff suffered when Defendant, Rose Delores Prindle, driving a tractor trailer owned and operated by Defendant, . Excel Logistics, Inc., and Excel Logistics, violently plowed into the rear of the vehicle Plaintiff was a passenger in at 40 miles per hour. Plaintiff sufferedinjuries to her neck, back and six-inch laceration to the scalp. Surgeries performed included an anterior cervical discectomy at C 5/6 and interbody fusion, a discectomy and interbody fusion at L 4/5 and scar revision to the abdominal scars from the surgery at L 4/5. III. Question Presented Should Plaintiff be compelled to undergo an Independent Psychological Examination when she has not placed her psychological condition at issue and Defendants have not shown good cause to warrant the Independent Psychological Examination? Suggested Answer: In the Negative IV. Argument Plaintiff should not be compelled to undergo an Independent Psychological Examination because she has not placed her. Psychological Condition at issue and Defendants have not shOwn good cause to warrant the Independent Psychological Examination. The Pennsylvania Rules of Civil Precedure provide when the mental or physical condition of a party is in controversy, the court may order the party to submit to a physical or mental examination. The order may only be made on motion for good cause shown. Pa. R.C.P. 4010 (a)(2)-(3). Defendants' Motion to Compel should be denied because the · Plaintiff has not placed her psychological condition in controversy and Defendants have failed to show good cause. Plaintiff alleges in her Complaint that she suffered physical injuries from the motor vehicle accident of April 26, 1999. Plaintiff alleged in conjunction with her physical injury that she suffered mental anguish, loss of life's pleasures, embarrassment and humiliation. Plaintiff contends that she did not allege an independent, free standing psychological injury in her Complaint, but rather an allegation of general mental suffering of the type that commonly accompanies a personal injury action. Further, Plaintiff is not seeking damages for mental health treatment. Nor does Plaintiff seek recovery for medical expenses associated with her mental health treatment at Holy Spirit Hospital. See. F_~etterhoff v, ~Zalezak, 34 Pa. D & C 4th 67, 70 (1996). Plaintiff contends Defendants have made a bald assertion that her psychological condition is 'at issue. Plaintiff believes and aVers that her psychological condition is not and has not been placed in controversy whatsoever by her Complaint, therefore; Defendants' Motion to Compel should be denied. In order to protect against an undue invasion of the privacy rights of individuals whose metal or physical condition is in controversy, Pennsylvania Rule of Civil procedure 4010 (a)(3) conditions the granting of a motion for a medical examination on several requirements. Goodrich Amram § 4010(a)'1; See. State Farm Ins. Co. v. Swantner, 406 Pa. Super. 235, 594 A2d 1380 (1991). The Rule specifically requires that the moving party establish that good cause exists to support a court order for such an examination. The trial court must decide whether the moving party has adequately demonstrated good cause. In the instant case, Defendants have not provided one iota of support to demonstrate good cause, but for alleging that they need a court ordered psychological examination of Plaintiff. CERTIFICATE OF SERVICE AND NOW, this '~ day of ~~L_ ,2002, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer, LLP 305 N. Front Street P O Box 999 Harrisburg, PA 17108-0999 HANDLER, HENNING & ROSENBERG Patricia Kohrd~in DEANNA M. MURRAY, · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ' CIVIL ACTION- LAW v. · No. 01-1929 ROSE DELORES PRINDLE, · EXEL LOGISTICS, INC., . A/K/A EXEL, INC. and . EXEL LOGISTICS, A/K/A EXEL, INC., · Defendants · JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended. Respectfully submitted, HANDLER, HENNING & ROSENBERG _ d, Esq. I.D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage_ prepaid, at Harrisburg, Pennsylvania, on the /P/ %day of June, 2002, on all counsel of record as follows- Stephen G. Held, Esquire HANDLER, HENNING & ROSENBERG Post Office Box 1177 Harrisburg, Pennsylvania 17108-1177 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire~,~ · 130042.1