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HomeMy WebLinkAbout12-0643IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI, ?,? ? U_ 2 I JOYCE SHELLENBERGER & JAMES SHELLENBERGER 51 Fairway Drive Camp Hill, PA 17011, Plaintiffs, V. COURTNEY ORBACH, 95 Foxcroft Drive Camp Hill, PA 17011, Defendant. CIVIL ACTION - LAW NO.: 00"I - to 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un ay 'a bbIG3 76 0 01 3S a? 6 ss 9 abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacidn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: i Rosenberg, Esquire (20569) Matthe P. Rosenberg, Esquire(201485) HANDLER, HENNING & ROSENBERG, LLP David H Rosenberg (PA 20569) Matthew P. Rosenberg (PA201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.23 8.2000 Fax 717.233.3029 rosenberg@hhrlaw. com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE SHELLENBERGER & JAMES SHELLENBERGER, 51 Fairway Drive Camp Hill, PA 17011, Plaintiffs, V. COURTNEY ORBACH, 95 Foxcroft Drive Camp Hill, PA 17011, Defendant. CIVIL ACTION - LAW NO.: COMPLAINT Plaintiffs Joyce and James Shellenberger ("Mr. & Mrs. Shellenberger") by and through their attorneys, Handler, Henning & Rosenberg, LLP, make this complaint against the defendant, Courtney Orbach ("Defendant'), and aver as follows: I . Mr. & Mrs. Shellenberger are competent adult individuals and citizens of the Commonwealth of Pennsylvania currently residing at 51 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is, upon information and belief, an adult individual and citizen of the Commonwealth of Pennsylvania with a last known address of 95 Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. 3. At all times material hereto, Defendant was the owner and operator of a 2009 vehicle bearing Pennsylvania registration number EPC5277 ("Defendant's vehicle"). 4. At all times material hereto, Mrs. Shellenberger was the owner and operator of a 2008 Pontiac Solstice bearing Pennsylvania registration number SPOILED ("Mrs. Shellenberger's vehicle"). 5. At all times material hereto, Mrs. Shellenberger was a named insured under an automobile insurance policy with GEICO and she was covered under the limited-tort option. 6. Pursuant to 75 Pa.C.S. § 1705(d), Mrs. Shellenberger is entitled to recover noneconomic damages as though she was covered under the full-tort option as Mrs. Shellenberger sustained a serious injury including a permanent serious disfigurement, as a result of the collision. 7. On or about April 30, 2010, at approximately 4:52 p.m., Mrs. Shellenberger was traveling westbound on Derry Street approaching its intersection with Brookwood Street and South 21 st Street in Harrisburg, Dauphin County, Pennsylvania. 8. At approximately the same time and place, Defendant was traveling southbound on South 21 st Street, approaching a stop sign at its intersection with Derry Street. 9. Defendant failed to obey the properly posted stop sign and failed to yield the 2 right-of-way to traffic lawfully traveling on Derry Street, and suddenly and without warning pulled directly into the path of Mrs. Shellenberger's vehicle. 10, Despite Mrs. Shellenberger's best efforts, she was unable to avoid a collision with Defendant's vehicle. 11. As a direct and proximate result Defendant's negligence, Mr. & Mrs. Shellenberger sustained damages as set forth more specifically below. COUNTI NEGLIGENCE Joyce Shellenberger v. Courtney Orbach 12. All prior paragraphs are incorporated herein as if set forth fully below. 13. The aforementioned collision and Mrs. Shellenberger's resultant injuries are the direct and proximate result of Defendant's negligence, specifically: a. in operating Defendant's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; b. in disregarding the speed of vehicles, the condition of the roadway, and the traffic upon the roadway, in violation of 75 Pa.C.S. § 3361; C. in failing to maintain proper and adequate observation of the existing traffic conditions, in violation of 75 Pa.C.S. § 3309; d. in failing to yield the right-of-way to vehicles lawfully traveling on Derry Street; C. in driving in a careless manner, in violation of 75 Pa.C.S. § 3714; f. in failing to be reasonably vigilant to observe Mrs. Shellenberger's vehicle lawfully traveling upon the roadway; 3 g. in failing to be reasonably vigilant to observe the roadway and the position of oncoming traffic on Derry Street; h. 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 Defendant's vehicle under such control that injury to persons or property could be avoided. 14. As a direct and proximate result of Defendant's negligence, Mrs. Shellenberger has: a. suffered personal injuries, including, but not limited to, a left ankle sprain, a right ankle sprain, left knee contusions and abrasions, continued swelling and discoloration in her left knee, a medial meniscus tear and lateral meniscus tear in her left knee that required surgery, and pain in her back, neck, and shoulders; b. suffered a permanent serious disfigurement; C. undergone continuing medical care for the aforesaid injuries; d. suffered a loss of income; e. suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; f. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be 4 required to spend money for the same purposes in the future, to her detriment and loss; g. suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; h. been, and will in the future be, hindered from attending to her daily duties and chores, to her detriment and loss. 15. Plaintiff believes and, therefore, avers that her injuries have resulted in permanent scarring and deformity. WHEREFORE, Plaintiff, Joyce Shellenberger, seeks damages from Defendant, Courtney Orbach, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II LOSS OF CONSORTIUM James Shellenberger v. Courtney Orbach 16. All prior paragraphs are incorporated herein as if set forth fully below. 17. At all times material hereto, Mr. & Mrs. Shellenberger were lawfully married as husband and wife. 18. As a direct and proximate result of Defendant's negligence, Mr. Shellenberger has suffered a loss of consortium, society, and comfort from his wife and he will continue to suffer a similar loss in the future. 19. As a direct and proximate result of Defendant's negligence, Mr. Shellenberger has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same purposes in the future, to his detriment and loss. 5 WHEREFORE, Plaintiff, James Shellenberger, seeks damages from Defendant, Courtney Orbach, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: Jan.-!Y , 2012 By: David H osenberg (20569) Matthew . Rosenberg (201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com Attorneys for plaintiffs, James & Joyce Shellenberger Handler Henning & Rosenberg LLP Attorneys at Law VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ov?0 I d- Date: -4-"50 1300 LINGLESTOWN ROAD, SUITE 2 1 HARRISBURG PA 17110 717 238 2000 1 f 717 233 3029 1 toll free 800 422 2224 1 www.hhrlaw.com 3,1isle 717 2412244 1 Hanover 717 630 8200 I Lancaster 717 431 4000 1 York 1.- FA 5 's0r." SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor y4?`?t,;• cii tt,trlGrTj,??,?*} I" ILED-Ul- FTC E ' i THE t ROTHONOT 1012 FEB 15 AN 10: 02 ClUt BLAND COUNTY P NNSYLVANIA Joyce Shellenberger (et al.) Case Number vs. Courtney Orbach 2012-643 SHERIFF'S RETURN OF SERVICE 02/06/2012 08:02 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 6, 2012 at 2002 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Courtney Orbach, by making known unto herself personally, at 95 Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $35.50 February 09, 2012 RYAN BURGETT, DEPUTY SO ANSWERS, RONI'V R ANDERSON, SHERIFF r ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW c? a ;? JOYCE SHELLENBERGER & JAMES SHELLENBERGER, x? C" -Orr. Plaintiffs NO. 2012-0643 Civil A m ? V. o JURY TRIAL DEMANDED c'y COURTNEY ORBACH , Defendant CA PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Stengel, Quinn & Sofilka as attorney of record on behalf of Defendant in the above captioned action. EAGER, STENGEL, QUINN & SOFILKA DATE: s? 5 I!a- BY: George H. Ea r, squire Attorney for a ndant I.D. No. 2 1347 Fr " ille Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: i aW1 s ! /.2 BY: EAGER, STENGEL, QUINN & SOFILKA George H. Eager, E Attorney for Defe I.D. No. 2774 1347 Fruitv' ike Lancaster, A 17601 (717) 290-7971 FILLED-OFFICE T t-'T PROTHONOTA;;' 2012 F'EB 24 Ali l I : UB 'CUMBERLAND COUNTV PENNSYLVANIA ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs V. COURTNEY ORBACH, Defendant NO. 2012-0643 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Defendant's Loss of Consortium Interrogatories Addressed to Plaintiff James Shellenberger upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: C:?)Ida P a EAGER, SPINELLO, QUINN & STENGEL BY: r--7 _ George H. E or, Esquire Attorney for efendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 z= THE PROTHm'o 2012 FEB 24 AH 11: U8 CUP-98ERLAND CDUN-y PENNSYLVANIA ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs NO. 2012-0643 Civil V. COURTNEY ORBACH, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiff Joyce Shellenberger upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: Ua as /0"- EAGER, STENGEL, QUINN & SOFILKA BY: George` H. EaPike Attorney for DI.D. No. 2774 1347 Fruitville Lancaster, PA 17601 (717) 290-7971 ire L f?-??;yy1t`? l e" rid" rJt?} I; Pt? ! iUtV tA`i i 1012 FEB 24 AM l l : 08 `'IJMBERLAND COUNTY PENNSYLVANIA ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs NO. 2012-0643 Civil V. JURY TRIAL DEMANDED COURTNEY ORBACH, Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: ? 0?2- J BY: George H. Eag Ye Attorney for DeI.D. No. 27740 1347 Fruitville Lancaster, PA 17601 (717) 290-7971 'a " s1''o to - 't 2012 FFB 24 AM 11:0 B 11MBERLAND COUNT,` IEHNSYLVANIA ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs V. COURTNEY ORBACH, Defendant NO. 2012-0643 Civil JURY TRIAL DEMANDED ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1. Denied for lack of information. The Plaintiffs are not personally known to Answering Defendant and, accordingly, this paragraph can neither be admitted or denied. 2-3. Admitted. 4-11. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT I - NEGLIGENCE JOYCE SHELLENBERGER v. COURTNEY ORBACH 12. Paragraphs 1 through 11 of Defendant's Answer are incorporated herein by reference as though fully set forth. 13-15. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. COUNT II - LOSS OF CONSORTIUM JAMES SHELLENBERGER v. COURTNEY ORBACH 16. Paragraphs 1 through 15 of Defendant's Answer are incorporated herein by reference as though fully set forth. 17-19. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiffs on all claims set forth in Plaintiffs' Complaint. NEW MATTER 20. Paragraphs 1 through 19 inclusive above are incorporated herein by reference and made a part hereof. 21. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to her under the aforementioned act. 22, Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 23. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 24. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 25. Plaintiffs' claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and (j) payment. WHEREFORE, Answering Defendant respectfully demands judgment in her favor and against all other parties together with the costs of this action. EAGER, STENGEL, QUINN & SOFILKA DATE: Da" 013 al BY: J? George H. Eager quire Attorney for De dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, COURTNEY ORBACH, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. COURTNEY Q?RBACH Dated: ?? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 DATE: Ua?aa?ia BY EAGER, STENGEL, QUINN & SOFILKA squire George H. ErDndant Attorney for I.D. No. 277 1347 Fruitvilie Pike Lancaster, PA 17601 (717) 290-7971 9,0121 FEB 29 PH 1: 22 CUMBERLAND COUNTY PENNSYLVANIA David H Rosenberg, Esquire I.D.#20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax: (717) 233-3029 E-mail: Rosenberg@HHRLaw.commailto:HenninR@HHRLaw.com JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs V. COURTNEY ORBACH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket # 2012-0643 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Joyce Shellenberger and James Shellenberger, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., and responds to the Defendant's allegations of New Matter as follows: 21. Denied. These averments are conclusions of law to which a response is not required. If a response was required, these averments are all specifically denied. 22. Denied. These averments are conclusions of law to which a response is not required. If a response was required, these averments are all specifically denied. 23. Denied. These averments are conclusions of law to which a response is not required. If a response was required, these averments are all specifically denied. 24. Denied. These averments are conclusions of law to which a response is not required. If a response was required, these averments are all specifically denied. 25. Denied. These averments are conclusions of law to which a response is not required. If a response was required, these averments are all specifically denied. WHEREFORE, Plaintiffs, Joyce Shellenberger and James Shellenberger, seeks damages from Defendant, Courtney Orbach, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Dated: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Da d'H Ro erg, Esquire Supreme Court ID#20569 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 (717)238-2000 Attorney for Plaintiff J, I JOYCE SHELLENBERGER & JAMES IN THE COURT OF COMMON PLEAS SHELLENBERGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Docket # 2012-0643 V. JURY TRIAL DEMANDED COURTNEY ORBACH, Defendant CERTIFICATE OF SERVICE On the 24th day of February 2012, 1 hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was served upon the following by depositing in U.S. Mail: George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 HANDLER, HENNING & ROSENBERG, LLP David H Ro enberg, Esquire Supreme ourt ID#20569 David H Rosenberg/Matthew P Rosenberg r;- `- I.D. Nos. 20569/201485 - J G ? f i G?" O Ttt `, HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road v A -E. ?; 4 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff CUISEtRLAND COUNTY Fax: (717) 233-3029 PENNSYLVANIA E-mail: rosenbere(ajHHRLaw.com mrosenberQ(ci hhrlaw. eom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs V. COURTNEY ORBACH, Defendant No. 2012-0643 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have, on March 23, 2012, served Plaintiffs' Answers to Defendants' Interrogatories, Loss of Consortium Interrogatories, and Requests for Production of Documents on the following via first class mail. Courtney Orbach c/o George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 Date: M /;L1 )Z By: kRosenberg (20569) Counsel for Plaintiff 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 HANDLER, HENNING & ROSENBERG, LLP David H Rosenberg (PA 20569) Matthew P. Rosenberg (PA 201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 -:P ;- Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE SHELLENBERGER & JAMES SHELLENBERGER, 51 Fairway Drive Camp Hill, PA 17011, Plaintiffs, V. COURTNEY ORBACH, 95 Foxcroft Drive Camp Hill, PA 17011, and CASE MANAGEMENT UNIT, 1100 S. Cameron Street Harrisburg, PA 17104, Defendants. CIVIL ACTION - LAW NO.: 2012 - 0643 AMENDED COMPLAINT Plaintiffs Joyce and James Shellenberger ("Mr. & Mrs. Shellenberger") by and through their attorneys, Handler, Henning & Rosenberg, LLP, make this complaint against the defendants, Courtney Orbach ("Defendant Driver") and Case Management Unit ("Defendant Employer"), and aver as follows: 1. Mr. & Mrs. Shellenberger are competent adult individuals and citizens of the Commonwealth of Pennsylvania currently residing at 51 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Driver is, upon information and belief, an adult individual and citizen of the Commonwealth of Pennsylvania with a last known address of 95 Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Employer, Case Management Unit, is, upon information and belief, a private nonprofit corporation, with offices located at 1100 S. Cameron Street, Harrisburg, Dauphin County, Pennsylvania. 4. At all times material hereto, Defendant Driver was an agent, servant, and/or employee of Defendant Employer, and was acting within the course and scope of her employment relationship. 5. At all times material hereto, Defendant Driver was the owner and operator of a 2009 vehicle bearing Pennsylvania registration number EPC5277 ("Defendant's vehicle") 6. At all times material hereto, Mrs. Shellenberger was the owner and operator of a 2008 Pontiac Solstice bearing Pennsylvania registration number SPOILED ("Mrs. Shellenberger's vehicle"). 7. At all times material hereto, Mrs. Shellenberger was a named insured under an automobile insurance policy with GEICO and she was covered under the limited-tort option. 8. Pursuant to 75 Pa.C.S. § 1705(d), Mrs. Shellenberger is entitled to recover noneconomic damages as though she was covered under the full-tort option, as Mrs. Shellenberger sustained a serious injury, including a permanent serious disfigurement, as a result of the collision. 9. On or about April 30, 2010, at approximately 4:52 p.m., Mrs. Shellenberger was traveling westbound on Derry Street approaching its intersection with Brookwood Street and South 21st Street in Harrisburg, Dauphin County, Pennsylvania. 2 10. At approximately the same time and place, Defendant Driver, while acting in the scope of her employment with Defendant Employer, was traveling southbound on South 21st Street, approaching a stop sign at its intersection with Derry Street. 11. Defendant Driver failed to obey the properly posted stop sign and failed to yield the right-of-way to traffic lawfully traveling on Derry Street, and suddenly and without warning pulled directly into the path of Mrs. Shellenberger's vehicle. 12. Despite Mrs. Shellenberger's best efforts, she was unable to avoid a collision with Defendant's vehicle. 13. As a direct and proximate result Defendants' negligence, Mr. & Mrs. Shellenberger sustained damages as set forth more specifically below. COUNTI NEGLIGENCE Joyce Shellenber$er v. Courtney Orbach 14. All prior paragraphs are incorporated herein as if set forth fully below. 15. The aforementioned collision and Mrs. Shellenberger's resultant injuries are the direct and proximate result of Defendant Driver's negligence, specifically: a. in operating Defendant's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; b. in disregarding the speed of vehicles, the condition of the roadway, and the traffic upon the roadway, in violation of 75 Pa.C.S. § 3361; C. in failing to maintain proper and adequate observation of the existing traffic conditions, in violation of 75 Pa.C.S. § 3309; d. in failing to yield the right-of-way to vehicles lawfully traveling on Derry Street; 3 e. in driving in a careless manner, in violation of 75 Pa.C.S. § 3714; f. in failing to be reasonably vigilant to observe Mrs. Shellenberger's vehicle lawfully traveling upon the roadway; g. in failing to be reasonably vigilant to observe the roadway and the position of oncoming traffic on Derry Street; h. 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 Defendant's vehicle under such control that injury to persons or property could be avoided. 16. As a direct and proximate result of Defendant Driver's negligence, Mrs. Shellenberger has: a. suffered personal injuries including, but not limited to, a left ankle sprain, a right ankle sprain, left knee contusions and abrasions, continued swelling and discoloration in her left knee, a medial meniscus tear and lateral meniscus tear in her left knee that required surgery, and pain in her back, neck, and shoulders; b. suffered a permanent serious disfigurement; C. undergone continuing medical care for the aforesaid injuries; d. suffered a loss of income; e. suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; 4 f. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; g. suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; h. been, and will in the future be, hindered from attending to her daily duties and chores, to her detriment and loss. 17. Mrs. Shellenberger's injuries have resulted in permanent scarring and deformity. WHEREFORE, Plaintiff, Joyce Shellenberger, seeks damages from Defendant, Courtney Orbach, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II LOSS OF CONSORTIUM James Shellenberger v. Courtney Orbach 18. All prior paragraphs are incorporated herein as if set forth fully below. 19. At all times material hereto, Mr. & Mrs. Shellenberger were lawfully married as husband and wife. 20. As a direct and proximate result of Defendant Driver's negligence, Mr. Shellenberger has suffered a loss of consortium, society, and comfort from his wife and he will continue to suffer a similar loss in the future. 21. As a direct and proximate result of Defendant Driver's negligence, Mr. Shellenberger has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same 5 purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, James Shellenberger, seeks damages from Defendant, Courtney Orbach, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III VICARIOUS LIABILITY Joyce Shellenberger v. Case Manaizement Unit 22. All prior paragraphs are incorporated herein as if set forth fully below. 23. At all times material hereto, Defendant Driver was an agent, servant, and/or employee of Defendant Employer. 24. The occurrence of the aforementioned collision and all of the resultant injuries to Mrs. Shellenberger are the direct and proximate result of the negligence and carelessness of Defendant Employer's employee, Defendant Driver. 25. The aforementioned negligent and careless conduct of Defendant Driver occurred while acting within the course and scope of her employment with Defendant Employer. 26. As a direct and proximate result of Defendant Driver's negligence, Mrs. Shellenberger has: a. suffered personal injuries including, but not limited to, a left ankle sprain, a right ankle sprain, left knee contusions and abrasions, continued swelling and discoloration in her left knee, a medial meniscus tear and lateral meniscus tear in her left knee that required surgery, and pain in her back, neck, and shoulders; b. suffered a permanent serious disfigurement; C. undergone continuing medical care for the aforesaid injuries; 6 d. suffered a loss of income; e. suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; f. been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her detriment and loss; g. suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her detriment and loss; h. been, and will in the future be, hindered from attending to her daily duties and chores, to her detriment and loss. 27. Mrs. Shellenberger's injuries have resulted in permanent scarring and deformity. WHEREFORE, Plaintiff, Joyce Shellenberger, seeks damages from Defendant, Case Management Unit, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs COUNT VI LOSS OF CONSORTIUM James Shellenbereer v. Case Manazement Unit 28. All prior paragraphs are incorporated herein as if set forth fully below. 29. At all times material hereto, Mr. & Mrs. Shellenberger were lawfully married as husband and wife. 30. As a direct and proximate result of Defendant Employer's negligence, Mr. 7 Shellenberger has suffered a loss of consortium, society, and comfort from his wife and he will continue to suffer a similar loss in the future. 31. As a direct and proximate result of Defendant Employer's negligence, Mr. Shellenberger has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and medical attention and he will be required to spend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, James Shellenberger, seeks damages from Defendant, Case Management Unit, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: Aprilgb, 2012 By: David H Rosenbe A 20569) Matthew P. R enberg (PA 201485) 1300 Lingle own Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com mrosenberg@hhrlaw.com Attorneys for plaintiffs, James & Joyce Shellenberger 8 Handler Henning & RosenbergLLP Attorneys at Law VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein'are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: , Y-Jp o7&6 i 1300 LINGLESTOWN ROAD, SUITE 2 1 HARRISBURG PA 17110 717 238 2000 1 f 717 233 3029 1 toll free 800 422 2224 1 www.hhrlaw.com Carlisle 717 241 2244 1 Hanover 717 630 8200 1 Lancaster 717 4314000 1 York 717 845 7800 JOYCE SHELLENBERGER & JAMES : IN THE COURT OF COMMON PLEAS SHELLENBERGER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Docket # 2012-0643 V. JURY TRIAL DEMANDED COURTNEY ORBACH, -= Defendant ,: rrt CERTIFICATE OF SERVICE =c) On the 30th day of April, 2012 I hereby certify that a true and correct copy of Pla i-fffs'c- Y Amended Complaint was served upon the following by depositing in U.S. Mail: George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 Dated: 441-941- 0/ Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: David H Rosenb , Esq., #20569 Matthew P. Rosenberg, Esq. ID#201485 1300 Lingles own Road - Suite 2 Harrisburg, PA 17110 (717)238-2000 Attorneys for Plaintiff IN TI? COURT OF COMMON PLEAS OF CUMB RLAND COUNTY, PENNSYLVANIA JOYCE SHELLENBERGER & JAMES SHELLENBERGER, v COURTNEY ORBACH, and CASE MANAGEMENT UNIT, PLAINTIFFS DIRECTED TO I To: Case Management Unit 1100 S. Cameron Street Harrisburg, PA 17104 CIVIL ACTION - LAW .J NO.: 2012 - 0643 Plaintiffs, 'FIRST SET OF ATO UNIT Pursuant to the Pennsylvania Rules of Civil Procedure, plaintiffs Joyce and James Shellenberger hereby request that defendant Case Management Unit answer the following interrogatories under oath, pursua#rt to the Pennsylvania Rules of Civil Procedure, within thirty (30) days of the date of service hereof. 1. INSTRUCTIONS A. If you object to an interrogatory based on the attorney-client privilege, attorney work product doctrine, or for any other reason, provide sufficient information to substantiate the claim of privilege and to permit the adjudication of the propriety of that claim. B. Where an interrogatory calls for an answer that involves more than one part or sub- part, each part of the answer sho 'ld be set forth separately so that it is responsive to the respective I interrogatory or sub-part thereof. C. When an interrog ory requests that you identify a person, please state that person's: 1 (1) full name; (2) present or last "own address; (3) present employer's name and address; and (4) occupational position or classification. D. When an interrogatory requires identification of a document or writing, please state: (1) its nature (e.g. directive, bulletin, letter, memorandum, report, etc.); (2) its title, if any; (3) the date it was prepared; (4) the date it was sent or was received; (5) the identity of person(s) who prepared and signed it; (6) a shirt statement of its subject matter; and (7) The identity of the person(s) who has custody of the original or a copy of the document. E. If your answer to a*y interrogatory is "not applicable" or any similar phrase or answer, please explain why that interrogatory is not applicable. If your answer to any interrogatory is "don't know" or "unknown" or any similar phrase or answer, please explain all efforts made by the named parties or their attorneys or representatives to obtain the answers to that interrogatory. II. DEFINITIONS A. "Plaintiffs" means! Joyce and James Shellenberger. B. "CMU" means C4se Management Unit and its parent companies, subsidiaries, officers, partners, agents, representatives, and/or employees of any of them. C. "Orbach" means Courtney Orbach and her agents, representatives, and/or employees. D. "Defendants" means Orbach and CMU. E. "You" and "your'1 mean the person or entity to whom these interrogatories are directed. F. "Document," "Documents," or "Documentation" mean any writing, including written, recorded, or graphic matter. If a document has multiple copies that are not identical, each non- identical copy is a separate "document." The term "document" includes but is not limited to: correspondence, memoranda, not s, diaries, log books, calendars, statistics, analyses, projections, 2 indices, letters, telegrams, minutos, contracts, agreements, reports, studies, diagrams, drawings, check statements, receipts, returis, summaries, pamphlets, books, inter-office and intra-office communications, notations, or memoranda of conversations, bulletins, printed matter, computer printouts, tapes, data processing storage units, CDs, DVDs, films including surveillance films, videotapes including surveillance videotapes, photographs including surveillance photographs, surveillance reports, teletypes, ii?ivoices, recordings, work sheets, work papers, and all drafts, alterations, modifications, chang?s, and/or amendments to any of the foregoing. G. "Collision," "Accident," and "Incident" refer to the Collision described in the Plaintiffs' complaint unless otherf wise defined herein. "Person" as used herein means an individual, corporation, partnership, association, trust, governmental entity, and any otherwise described entity. 3 III. INTERROGATORIES 1. Plaintiffs request the following Interrogatories be answered under oath by an officer or agent of CMU who is competent to testify on its behalf and who knows the facts about which the inquiry is made. With respect to such person, please state: his or her full name and address; the office or position that he or she holds with ?ou; the date he or she was employed with you; and the identity of all person he or she contacted to $ecure answers to these Interrogatories. ANSWER: 4 2. State the legal name underlwhich you do business, including any corporate or business names associated with the maintenance and ownership of your business entity. ANSWER: 3. State the address and telephone number of your principal place of business. ANSWER: 6 4. If you were required by law or regulation to be licensed for any activity in which you were engaged at the time Plaintiffs' cause of action arose, state: the type of license required; the date you first obtained licensure; the dates f issuance and expiration of your current license(s); the identity of the authority that issued your lice se(s); the number of your license(s); the nature and duration of any revocation or suspension of your licenses(s); the special restrictions, if any, imposed on your license. ANSWER: 7 5. Are you covered by anyl type of liability insurance, including any excess or umbrella insurance, that might be applicably to the Incident? If the answer is "yes," please state the following with respect to each such policy: (a) The name of the i surance carrier that issued the policy; (b) The named insure under each policy and the policy number; (c) The type of each policy and the effective dates; (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate fob' each policy; (e) (f) ANSWERS: Each exclusion, if?any, in the policy that is applicable to any claim thereunder and any reasons why you or the carrier claim the exclusion is applicable; and Please consider Os a formal request to produce a copy of the declaration page(s) of said insurance policy or policies. 8 6. State whether an investigation was made by you or any of your agents, representatives or employees as a result of the Incident. If such an investigation was made, attach a copy of each investigation report to your answers to these interrogatories. ANSWER: 9 7. State whether any employee, agent, or representative of yours made a report of the Incident, stating for each such report: (a) the name, current job title and address of the person or persons who made the report(s); (b) the date anal time it was made; (c) the name and current address of the person to whom it was directed; (d) whether it vas written or oral and, if written, the name and current address of the person ?vith custody of it. ANSWER: 10 Have you, or any representative of you, your counsel, or your insurer, performed, or contracted to be performed, or arranged in any way any type of surveillance of the Plaintiffs or their activities at any tide? If so, please identify any such persons or entities who have custody of, and attach a c?mplete copy, without editing, of all reports, memoranda, letters, electronic data, or information of any type (including computer records) regarding such surveillance activity, alo4g with a copy of any photographs, films, videotapes or other information including, buf not limited to electronically stored data/videos. ANSWERS: II 9. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the Incident and/or Plaintiffs' injuries, state: (a) The context or typje of such item; (b) The date(s) when Jhey were made and what they are; (c) The identity of thOl person that prepared or made each item; and (d) The subject that each item represents or portrays. ANSWERS: 12 10. With respect to all motor (vehicles involved in the Incident, state: (a) The identities of the owner(s) and operator(s) of each vehicle; (b) The identity of th? passenger(s) in each vehicle, if any; and I (c) The make, model ?tnd year of each vehicle; ANSWERS: 13 11. State whether at the time of the Incident or immediately thereafter, any of your agents had any conversations with or made any statements to any parties or witnesses, or did any of the parties or witnesses make any statements or have any conversations with any of your agents or in the presence of any of your agents. If so, state in detail, the contents of such conversations or statements. ANSWER: 14 12. Identify each person who has any knowledge concerning the condition of the vehicle, immediately prior to the Collision, that Courtney Orbach was operating at the time of the Incident. ANSWER: 15 13. State fully the substance Of each and any conversation which took place after the Incident between Courtney Orbach and any representative or agent of yours, and if any conversation took place, state the name of the individuals between whom such conversations took place. ANSWER: i 16 14. Do you claim that plaintiff Joyce Shellenberger was contributorily or comparatively negligent and/or that she assumed the risk?? If so, please state your contentions or those of anyone acting on your behalf, upon which you b?se a claim of contributory or comparative negligence and/or assumption of risk. ANSWERS: 17 15. Witnesses - a. Identify e*h person who 1. Was a witness to the Incident through sight or hearing and/or i 2. Ha? knowledge of facts concerning the happening of the Incident or conditions or circumstances at the scene of the Incident prior to, at the tie of, or after the Incident. b. With resp?ct to each person so identified, state that person's exact location and activ4 at the time of the Incident. ANSWER: 18 16. State whether anyone, including Orbach, reported the aforementioned collision to CMU or any agent of CMU; if so, when was this report made; to whom was the report made; was there a paper, electronic, oar other recorded report of the incident made. If so, please consider this a formal request to pr?duce any and all such reports or recordings or reports. ANSWERS: 19 17. List and identify each and every document and tangible item you intend to introduce into evidence or use as an exhibit in the trial of this matter. ANSWER: 20 18. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) the subject matter about which the expert is expected to testify; and (b) the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for eacl? opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) ANSWER: 21 19. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 22 20. If you intend to use any book, magazine, or other such writing at trial, state: (a) the name of the writing; (b) the author of the (c) the publisher of the (d) the date of publicatio* of the writing; and (e) the identity of the custodian of the writing. ANSWER: 23 21. If you intend to use any admission(s) of a party at trial, please identify such admission(s). ANSWER: 24 22. Please state the full name and give the business address of the person, persons, business or organization, who was in charge o?inspecting, repairing and/or maintaining your company vehicles at the time of the aforementioned Incident, including the vehicle that Courtney Orbach was operating at the time of the Incident. ANSWER: 25 23. Under your procedures, if anyone cleans, maintains, repairs and/or inspects your vehicles, indicate whether any records or charts are created. If so, state the identity of the individual that currently has possession of toe records and the full name of the record. I ANSWER: 26 24. Is Courtney Orbach employed by you? If so, define your relationship with her, including her date of hire, and the scope of her duties, and answer whether: (a) She is required to drive a vehicle in the daily scope of her employment; (b) She was required tb pass a driving test before being allowed to drive in the scope of her employment; (c) She is provided a Ompany vehicle; i (d) You have ever checked her driving record; (e) You check her dri?ing record on a regular basis; and (f) She is currently allowed to drive in the scope of her employment. Further, please state whether ther? was an employee file for Courtney Orbach; if so, please consider this a formal request to produce t?e file, including her employment history the time she was hired until the date of the incident 2iviri2 rise to Plaintiffs' cause of action. ANSWERS: 27 25. Do you maintain procedures and/or policies for employees who have to drive in the scope of their employment? ANSWERS: 28 26. Was Courtney Orbach driving in the scope of her employment with you on the date of the Incident? ANSWERS: 29 27. Was Courtney Orbach driving in the scope of her employment with you when she struck the plaintiffs vehicle? ANSWERS: 30 28. Did Courtney Orbach report the Incident to you? ANSWERS: 31 29. Have you ever been the subject of litigation involving incidents of a similar nature? If so, please state the following as to ?ach such case; the nature of the cases(s), giving details of the accident(s) as to how or why it (t*y) happened; the full caption(s) of the case(s), together with the names and addresses of counsel lfor Plaintiff(s), Defendant(s), and the expert witnesses in said case(s); and the disposition(s) of 1 ANSWERS: case(s). 32 30. If you contend anyone not a party hereto caused or contributed to the Incident, state the identity of each such individual or entity and all of the facts in your possession or control in support thereof. ANSWER: 33 31. State with particularity tho factual basis for each claim or defense you are asserting in this case. ANSWER: 34 32. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWERS: 35 33. Has any witness named in the answer to Interrogatory #32 ever been convicted of a crime? If so, for each person state the nature of the conviction, the date and location of said conviction, the penalty imposed and the issuing a thority. ANSWERS: 36 34. Was the vehicle driven by Courtney Orbach equipped with a telephone, cellular phone, portable phone, or any other comij'iunication system? (a) If your response is in the affirmative, please describe the communication system. i (b) At the time of the ?ccident, was Courtney Orbach or any other person in your vehicle, using the communication system? (c) Please consider this a request for production of the billing statement for such communication device or system for a period of one month prior to the date of the accident, tho date of the accident and one month subsequent to the accident. ANSWERS: 37 35. In the six months prior to the Incident, did Courtney Orbach have any medical and/or physical conditions that impaired ber ability to operate a motor vehicle or did she suffer from any medical or physical conditions wh?ch impaired her ability to operate a motor vehicle? If your answer to either of the questions in this Interrogatory is in the affirmative, please describe this condition and/or impairment and state the name and address of the physician and/or health care practitioner that treats and/or treated the ANSWERS: 38 36. Prior to the time of the Incident, had Courtney Orbach, to your knowledge, ever been treated for alcoholism or drug abuse by any doctor, practitioner, hospital, or other health care or rehabilitation facility and if so pease state for each such treatment the name and address of the facility, the dates of treatment, the nature and extent of the treatment, and the last treatment date prior to the Incident. ANSWERS: 39 37. Prior to the Incident, had you ever known Courtney Orbach to operate a motor vehicle in a careless and/or reckless manner. If yes, please describe each and every instance of said careless and/or reckless conduct. ANSWERS: Dated: May L, 2012 HANDLER HENNING & ROSENBERG LLP By: David H Rosenber 20569) Matthew P. Ros nberg (201485) 1300 Linglest Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.23 8.2000 Fax: 717.233.3029 rosenberg@hhrlaw.com mrosenberg@hhrlaw.com Attorneys for Plaintiffs Joyce and James Shellenberger 40 IN THE COURT OF COMMON PLEAS OF CUMB RLAND COUNTY, PENNSYLVANIA JOYCE SHELLENBERGER & JAMES SHELLENBERGER, CIVIL ACTION - LAW v NO.: 2012-0643 COURTNEY ORBACH & CASE MANAGEMENT UNIT, OF To: Case Management Unit 1100 S. Cameron Street Harrisburg, PA 17104 Pursuant to Pennsyl Shellenberger hereby request (including those stored plaintiff's counsel, Handler Pennsylvania 17110 within Pennsylvania Rules of Civil 1. DEFINITIONS Plaintiff incorporates by Directed to defendant Case otherwise noted, these requests 'REQUEST FOR THE PRODUCTION 4ENTS AND THINGS ADDRESSED rn ,. Rule of Civil Procedure 4009, plaintiffs Joyce and James defendant Case Management Unit produce the documents ) described below for inspection and copying at the offices of & Rosenberg LLP, 1300 Linglestown Road, Suite 2, Harrisburg, (30) days of service hereof, and in accordance with the the definitions set forth in her First Set of Interrogatories Unit as if the same were set forth at length here. Unless the period from April 30, 2005 to the present. II. INSTRUCTIONS If you object to the privilege, attorney work product o document: (a) State its date; (b) Identify its author; (c) Identify each persoi (d) Identify each persoi (e) Identify each persoi (f) State the present log (g) Identify each persoi document, or a true (h) Provide sufficient to substantiate the that claim. III. 1. Identify and statements, or interviews of any and any defenses thereto. ,tion of any documents on the grounds that the attorney-client any other privileges are applicable thereto, with respect to that i who prepared or participated in preparation of the document; who received it; for whom the documents were received; of the document and all copies thereof, i who has ever had possession, custody or control of the and correct copy thereof, and ration concerning the document and the circumstance thereof of privilege and to permit the adjudication of the propriety of all statements, signed statements, transcripts of recorded L or witness relating to, referring to, or describing the Incident 2. Identify and produc? all photographs, diagrams, and/or videos of the area involved in the Incident, the locale or surrounding area of the site of the Incident, or any other matter or things involved in the Incident. 3. Identify and produ e any and all documents containing the names and home and/or 2 business addresses of all individuals who may be potential witnesses in this case. 4. Identify and produce all property damage estimates rendered for any property belonging to the Plaintiffs, Defendants, or any other party that was involved in the Incident. 5. Identify and produco all documents of any and all surveillance of Plaintiffs performed by anyone acting on behalf of Defendants, Defendants' insurers, and/or Defendants' attorneys. 6. Identify and produce any and all documents, reports, writings, memoranda, and/or other writings, lists, or compilatiofs of Plaintiffs and others with similar names as indexed by the Metropolitan Index Bureau, Centr4l Index Bureau, or any other Index Bureau in possession of the Defendant or Defendant's insuran4e carrier. 7. Identify and produc? any employer-provided cellular phone statement or bill covering the date of the Incident for Court4v Orbach. 8. Identify and produce the entire file accumulated by you or your insurance company relating to the Incident, including, Out not limited to, your automobile insurance company's first-party benefit file and all other claims filed, any item within the definition of documents explained above, as well as any other document, intangible object, correspondence, memoranda, notes, telephone log, guidelines, photographs, videos, io the possession, custody, or control of your insurance company which in any way relate to the 9. Identify and product all expert opinions, reports, correspondence, summaries or other writings in the custody or control of the Defendants, Defendants' attorneys and/or Defendants' insurers that relate to the subject matter of this litigation. 10. Identify and produc? copies of all policies of insurance (primary and excess), including Declaration Pages, certificates of insurance, endorsements, additional insured endorsements, vendor's endorsements, riders, exclusions, ?chedules applicable to this litigation, and all documents naming 3 you as an insured, named insured, additional insured, or operator, or that may cover the vehicle your employee was operating at the time of the incident. 11. Identify and produce any documents, directives, correspondence, investigations, statements, or other documentary data pertaining to or in any way relating to the Incident, including but not limited to, personal injury deports, accident reports, investigations and findings. 12. Identify and produc? all documents that describe the Incident or cause thereof. 13. Identify and produc? any and all documents relating to any criminal charges filed in connection with the Incident. 14. Identify and produce any and all estimates for repair or repair bills for Defendant's vehicle as a result of the Incident. 15. Identify and y introduce at trial in this case. 16. Produce any and Shellenberger's injuries in this cas e all documents and/or exhibits that you intend to rely upon or all documents that you have obtained relating to Joyce 17. Produce any and al'I documents related to Courtney Orbach's employment with you. 18. Produce Courtney rbach's employment record. 19. Produce any and ?11 documents relating to policies and procedures you have I established for employees using th it personal vehicles for Case Management Unit business. 20. Produce any and ll documents relating to policies and procedures you have established for training employees to drive for Case Management Unit business. 21. Produce any and alk records you keep on Courtney Orbach's driving history in the 4 scope of her employment. 22. Produce any and all !driving history checks you have completed on Courtney Orbach. 23. Produce any and all documents relating to incident reports you keep on file for Courtney Orbach. 24. Produce any and all documents relating to company vehicles, if any, and Courtney Orbach's use thereof. 25. Produce any and alll documents relating to Central Management Unit-issued cellular phones, pagers, or similar devices. 26. Please also referenced in your answers to the this a formal request for the production of all documents interrogatories. HANDLER HENNING & ROSENBERG LLP Dated: May J,, 2012 By: David H Rosenb (20569) Matthew P. senberg (201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 rosenberg@hhrlaw.com mrosenberg@hhrlaw.com Attorneys for Plaintiffs Joyce and James Shellenberger 5 Zt 12 MAY 16 AM 11: 3? CUMBERLAND Ci; UNIt''' PENNSYLVANIA ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs NO. 2012-0643 Civil V. COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendants JURY TRIAL DEMANDED DEFENDANT COURTNEY ORBACH'S ANSWER WITH NEW MATTER TO AMENDED COMPLAINT You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you. AND NOW COMES DEFENDANT COURTNEY ORBACH, BY AND THROUGH HER ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: Denied for lack of information. The Plaintiffs are not personally known to Answering Defendant and, accordingly, this paragraph can neither be admitted or denied. 2-5. Admitted. 6-13. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Courtney Orbach demands that this honorable court enter an Order stating that Defendant Courtney Orbach is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Case Management Unit and is not liable over to Defendant Case Management Unit by way of indemnity, contribution or otherwise and Defendant Courtney Orbach asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT I - NEGLIGENCE JOYCE SHELLENBERGER v. COURTNEY ORBACH 14. Paragraphs 1 through 13 of Defendant Courtney Orbach's Answer are incorporated herein by reference as though fully set forth. 15-17. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Courtney Orbach demands that this honorable court enter an Order stating that Defendant Courtney Orbach is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Case Management Unit and is not liable over to Defendant Case Management Unit by way of indemnity, contribution or otherwise and Defendant Courtney Orbach asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT II - LOSS OF CONSORTIUM JAMES SHELLENBERGER v. COURTNEY ORBACH 18. Paragraphs 1 through 17 of Defendant's Answer are incorporated herein by reference as though fully set forth. 19-21. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Courtney Orbach demands that this honorable court enter an Order stating that Defendant Courtney Orbach is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Case Management Unit and is not liable over to Defendant Case Management Unit by way of indemnity, contribution or otherwise and Defendant Courtney Orbach asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT III - VICARIOUS LIABILITY JOYCE SHELLENBERGER v. CASE MANAGEMENT UNIT 22. Paragraphs 1 through 21 of Defendant Courtney Orbach's Answer are incorporated herein by reference as though fully set forth. 23-27. The allegations of paragraphs 23-27 are directed to a defendant other than answering defendant and therefore, no response is required. If it is deemed that a response is required, the allegations of paragraphs 23-27 are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Courtney Orbach demands that this honorable court enter an Order stating that Defendant Courtney Orbach is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Case Management Unit and is not liable over to Defendant Case Management Unit by way of indemnity, contribution or otherwise and Defendant Courtney Orbach asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. COUNT IV - LOSS OF CONSORTIUM JAMES SHELLENBERGER v. CASE MANAGEMENT UNIT 28. Paragraphs 1 through 27 of Defendant Courtney Orbach's Answer are incorporated herein by reference as though fully set forth. 29-31. The allegations of paragraphs 29-31 are directed to a defendant other than answering defendant and therefore, no response is required. If it is deemed that a response is required, the allegations of paragraphs 23-27 are denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant Courtney Orbach demands that this honorable court enter an Order stating that Defendant Courtney Orbach is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Case Management Unit and is not liable over to Defendant Case Management Unit by way of indemnity, contribution or otherwise and Defendant Courtney Orbach asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. NEW MATTER 32. Paragraphs 1 through 31 inclusive above are incorporated herein by reference and made a part hereof. 33. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to her under the aforementioned act. 34. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 35. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et. seq. 36. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. 37. Plaintiffs' claims are barred by the affirmative defenses identified in Pennsylvania Rule of Civil Procedure 1030, including but not limited to (a) waiver; (b) estoppel; (c) statutes of limitation; (d) laches; (e) illegality; (f) release; (g) impossibility of performance; (h) fraud; (i) assumption of the risk; and 0) payment. WHEREFORE, Defendant Courtney Orbach demands that this honorable court enter an Order stating that Defendant Courtney Orbach is not liable to Plaintiff, is not jointly and severally liable to Plaintiff with the Defendant Case Management Unit and is not liable over to Defendant Case Management Unit by way of indemnity, contribution or otherwise and Defendant Courtney Orbach asks that judgment be entered in her favor and against Plaintiff on all claims set forth in Plaintiffs Complaint. EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George W Eage Attorney for D E I.D. No. 27349/ RCiire nt Orbach 1347 Fruit a Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, COURTNEY ORBACH, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. OUR NEY 7 ACH Dated: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Case Management Unit 1100 South Cameron Street Harrisburg, PA 17104 EAGER, STENGEL, QUINN & SOFILKA DATE: ) ?I 15L BY: George. Eager, Esq90,017 Attorney for Defend rbach I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 JOYCE SHELLENBERGER & JAMES IN THE COURT OF COMMON PLEAS SHELLENBERGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Docket # 2012-0643 V. JURY TRIAL DEMANDED COURTNEY ORBACH and CASE MANAGEMENT UNIT Defendant PLAINTIFFS' REPLY TO NEW MATTER ?.i J, 3 il C(IU fTY AND NOW, comes the Plaintiffs, Joyce Shellenberger and James Shellenberger, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., and responds to the Defendant's allegations of New Matter as follows: 32. This does not require a response. 33-37 Denied. These are conclusions of law to which a response is not required. If a response would be required, then these paragraphs are specifically denied. WHEREFORE, Plaintiffs, Joyce Shellenberger and James Shellenberger, seeks damages from Defendant, Courtney Orbach, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: David osenberg, Esquire Supre a Court ID#20569 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 (717)238-2000 Dated: ( Attorney for Plaintiff Y. Handler Henning & Rosenberg LLP Attorneys at Law VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date. d?- 1300 LINGLESTOWN ROAD, SUITE 2 1 HARRISBURG PA 17110 717 238 2000 1 f 717 233 3029 1 toll free 800 422 2224 1 www.hhriaw.com ?, irlisle 717 241 2244 1 Hanover 717 630 8200 1 Lancaster 717 431 4000 1 York "71"'=' S4?r ?800 JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs V. COURTNEY ORBACH and CASE MANAGEMENT UNIT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket # 2012-0643 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On the 17th day of May, 3012, 1 hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was served upon the following by depositing in U.S. Mail: George H. Eager, Esq. EAGER, SPINELLO, QUINN & STENGEL 1347 Fruitville Pike Lancaster, PA 17601 HANDLER, HENNING & ROSENBERG, LLP David 74 osenberg N ORIGINAL r ; ? t a s ,I. ?! I J?.-'vt?,e r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs V. COURTNEY ORBACH, Defendant NO. 2012-0643 Civil JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: S 4?L George a Esquire Attorney for endant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Joyce Shellenberger & James Shellenberger Court of Common Pleas Vs. Courtney Orbach NO. 2012-0643 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Duriske Chiropractic All available Cumberland Family Practice All available Central PA Rehabilitation Services All available Harrisburg Hospital Radiology Harrisburg Hospital Medical Holy Spirit Hospital Medical Arlington Orthopedics All available Magnetic Imaging Center All available Susquehanna Valley Surgery Center All available Sanford & Roumm Rheumatology All available Tristan Associates All available Cumberland Physical Therapy All available Marshall's Employment Accurate Search and Settlement Employment Cumberland Psychiatric Associates Employment Holy Spirit Hospital Radiology TO: David Rosenberg, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of George H. Eager, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 4/17/2012 CC: George H. Eager, Esquire of Eager, Stengel, Quinn & Sofilka - Court of Common Pleas Litigation Solutions, LLC on behalf of: George H. Eager, Esquire Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre COUNSEL LISTING FOR JOYCE SHELLENBERGER & JAMES SHELLENBERGER VS. COURTNEY ORBACH I County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Rosenberg, Esquire, 1300 Linglestown Road Ste. 2 Harrisburg PA 17110 P: 717-238-2000 F; 717- Opposing David 233-3029 Counsel • CONL7vlO `-1'TWRA:1,T 1 OF PEIN SY v„ 4LA.- CO UNIY OF C UTAPIRX- -._AND Joyce Shellenberger & James Shellenberger NO. 2012--0643 CIVIL ilk No. VS. Courtney Orbach STUBT01KNA TO PRODUCE DOCUMENTS OR T11D4GS FOR DISCO-VERY PURSUA14-1 TO MULE 4009.22 TO: Accurate Search and Settlement (Name of Person or Entity) Mthin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address lisied above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty (20) days after.its service, the parry serving this subpoena may seek a court ordef cornpelling you to comply math it - TES SUBPOENA WAS ISSUED A T THE REQUEST OF TEE FOLLOWING PEP.SON: NAME: George H. Eager, Esquire - -_ .- -- - L'- . - - -- - .- L a n c a s TELEPHONE: SUPREME COURT ID ' ATTORNEY FOR: De f Date: Seal of ` e Couu ii 4/5/2012 BY THE CO - -tarry, CDeputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Accurate Search and Settlement 1748 Olmsted Way Camp Hill PA 17011 Attention: Human Resources Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: a complete copy of the entire employment file including, but not limited to application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination from 1/1/2000 to the present. COIF O I v? ?Af T TI (--) P 717N-Nc v COUT T - OF C-0-10Mr ER -AND Joyce Shellenberger & James Shellenberger NO. 2012-0643 CIVIL illt.No. vs. Courtney Orbach SIMPO R WA TO PRODUCE DOMAENTS OR TIUNCS FOR DISCOVERY PURSUANT TO MULE 4009.22 TO: Arlington Orthopedics (Name of Person or Entity) Withiu twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above- You have the n_ght to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things -required by this subpoena within twenty (20) days after.its service, the party serving this subpoena may seek a court order corupelling you to comply with it TES SUBPOENA WAS ISSUED AT THE REQUEST OF TBE FOLLOWING PE.P SON. NAME: George H. Eager, Esquire rut vl.. - __ --- Lancaster , 17601 TELEPHONE. - - SUPREME COURT ID ATTOP.NEY FOR. De f e n s e Date. Seal of e Court 4/5/2012 BY THE -y, Civil Di "sion Depu-ty Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Arlington Orthopedics 805 Sir Thomas Court Harrisburg PA 17109 Attention: Records Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. COM-MI-IT-1 OF PEN??S v ^ ??D?_ CO UNT OF C-uMBEPULA r„ D Joyce Shellenberger & James Shellenberger NO. 2012-0643 CIVIL k le No. vs. Courtney Orbach SIMPOEN TO PRODUCE DOCU ,> E TTS'OR T IM4GS FOR DISCOVERY P'UMSC1AV O PUMEE 4009.22 TO: Central PA Rehabilitation Services (Name of Person or Entity) Within twenty (70) days after service of this subpoena, you are ordered by the court to produce the following documents or tbines: PLEASE SEE ATTACHED RIDER at101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to flie party malaag this request at the address listed above- You bane the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things -required by this subpoena within twenty (20) days after -its service, the party-serving this subpoena may seek a court order cornpelling you to comply with it =- SUBPOENA WAS ISSUED A T THE REQUEST OF TITBB FOLLOW NG PEP.SON: NAME: George H. Eager, Esquire L - -- - - -- - !?DI3S: _ _ _ r-u i -v-1- ancaster - TELEPHONE. 1 2-9 0 - - / 9 7 SUPREME COURT ID ; ATTORNEY FOR. De f en c -e Date: cal o the Cot, i 4/5/2012 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Central PA Rehabilitation Services 3916 Trindle Road Camp Hill PA 17011 Attention: Records Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. COIFOtrvJLL!i-iOFrEIN S?LvA'gL COUNITT OF CM14BERL A. d4D Joyce Shellenberger & James Shellenberger NO. 2012-0643 CIVIL Fie No. VS. Courtney Orbach SUMPO EsPIA TO PRODUCE DOCUMENTS OR TEUNGS FORDISOOWER FUMSUA14T TO PWLE 4009.22 TO: Cumberland Family Practice (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or tbinas: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above- You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought- If you fail to produce the documents or things Tequired by this subpoena within twenty (20) days after its service, the party -serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA WAS ISSUED AT TF E REQUEST OF THE FOLLOWNG PEP.SON; NAME: George H. Eager, Esquire Lancasrer , TELEPHONE: SUPREME COURT ID ATTOP.NEY FOR De Date: 7 Seal the Cou i 4/5/2012 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Cumberland Family Practice 4470 Valley Road Enola PA 17025 Attention: Records Department Subject: Shellenberger, Joyce SS#:0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. COUN7 OF CutAMBERTAI D Joyce Shellenberger & James Shellenberger Fie No. NO. 2012-0643 CIVIL VS. Courtney Orbach SYMP ESY,A TO PRODUCE DOMAEN T S OR TIUNGS FOR DISCO-CRY PURNSCANT TO MULE 4009.22 TO: Cumberland Physical Therapy (Name of Person or Entity-) Within twenty (_70) days after service of this subpoena, you are ordered by the tours to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You haae the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things -required by this subpoena within twenty (20) days afbe-T.its service, the party-serving this subpoena may seek a court ordei cornpelling you to comply with it T_KIS SUBPOENA WAS ISSUED AT THE REQUEST OF TBE FOLLOWING PHRSON: NAME: George H. Eager, Esquire Lancaster , TELEPHONE: - - #2 /7TU SUPREMT COURT ID ATTOP,.NEY FOR De f e n s e Date: l gal the Court 4/5/2012 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Cumberland Physical Therapy 1847 Center Street Camp Hill PA 17011 Attention: Records Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. CONS O-MW AT TH OF P - Mlis COUNTf ON C-UI,?+EBEPddND Joyce Shellenberger « James Shellenberger NO. 2012-0643 CIVIL _ tic No. VS. Courtney Orbach SYMPOENA TO PRODUCE DOM ENTS OR TMENGS FOR DISCO-VERY PURN UAVT TO RsJLEE 4009.22 TO: Cumberland Psychiatric Associates (Name of Person or Entity) Mthin twenty (7_0) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 1,01 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or tbings -required by this subpoena within twenty (2-0) days after-its service, the party serving this subpoena may seek a court order compelling you to comply with it TN_IS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.- NAME: George H. Eager, Esquire r-ui r- vc = - - - - -- -- y - - -- Lancaste , 17601 TELEPHONE: - - SUPREME COURT ID ATTORNEY FOR D e f n Date_ 4Co Se 11 of 4/5/2012 BY THE C T: tho tai , Civil- i Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Cumberland Psychiatric Associates 30 Erford Road Ste. 204 Lemoyne PA 17043 Attention: Human Resources Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: a complete copy of the entire employment file including, but not limited to application for employment, pre-employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination from 1/1/2000 to the present. COQ()?TvjHA:LTKOHrEl???SYL'v CO NT- OF CUI??EP LA:tgD Joyce Shellenberger « James Shellenberger NO. 2012-0643 CIVIL File No. VS. Courtney Orbach S i H NA TO PRODUCE DOCUMENTS OR TEE[114GS Ff OR DISCOVER PURSUANT TO RULE 4009.22 TO: Duriske Chiropractic (Name of Person or Entity) Within twenty (270) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things -required by this subpoena within twenty (20) days after -its service, the party serving this subpoena may seek a court order compelling you to comply with it - TIM SUBPOENA WAS ISSUED -AT TIIE REQUEST OF THE FOLL OWING PEP..SON: NA1v1E: George H. Eager, Esquire -- DR ES?_ - - -...r.ll_1: V.1 - __T -- -- Lancaster - - TELEPHONE: - - SUPREME COURT ID ' ATTOR. FOR D e f e n s Date: cal the Couet 4/5/2012 Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Duriske Chiropractic 5229 East Trindle Road Mechanicsburg PA 17055 Attention: Records Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. CONLh20i v?EAI T Ei OF PON SYLV,^?-4Lk Joyce Shellenberger & James Shellenberger VS_ Courtney Orbach Fi1cNo. NO. 2012-0643 CIVIL SUBPOEI NT . TO PRODUCE DO EN T S OR TIHNGS FOR DISCO=TERY P-UP S A-1-TT TO RULE 4009.22 TO: Harrisburg Hospital - Radiology (Name of P erson or Entity) Within twenty (270) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail Iegible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above- You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things -required by this subpoena within twenty (20) days aftter.its service, the party -serving this subpoenamay'seek a court order compelling you to comply with it TES SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: AAME: George H_ Eager, Esquire , L a n c a s TELEPHONE: - J- I SUPREIvfE COURT ID ' ATTORNEY FOR De ense BY P notary, Division Date. g cal of the Court Deputy 4/5/2012 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Harrisburg Hospital 111 South Front Street Harrisburg PA 17101 Attention: Radiology Films Library Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2000 to present, including X-Rays, MRI, and CT scans. COM21i0--WW AI ,T111 O PEN SYLIV A ?,7R COUN'I'f OF CtTABEP, i .A i D Joyce Shellenberger & James Shellenberger NO. 2012-0643 CIVIL File No. VS_ Courtney Orbach SUBPO IN,A'PO PRODUCE DOCIJIAENTS OR THINGS FOR DISCOVERY PURSUANT TO PUTTEE 4009.22 TO: Harrisburg Hospital - Medical (Name of Person or Entity) Within twenty (270) days after service of this subpoena, you are ordered by the court: to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things -required by this subpoena within twenty (20) days after its service, the party-serving this subpoena may seek a court order compelling you to comply with it TM4 SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PEP..SON_ NA2v1E: George H. Eager, Esquire MEE 9"' r -- Lancas , TELEPHONE: - - SUPRE3vIE COURT ID ATTORNEY FOR D e Date_ ?4/5/2012 - `Y I Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Harrisburg Hospital 111 South Front Street Harrisburg PA 17101 Attention: Medical Records Correspondence Subject: Shellenberger, Joyce SS#:0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (5) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech), also to be included are pain clinic records. CO1tINI_017V?TRAT TI-i OF rENNSY11,'v UNI_A COUNTT OF CTTIAMEP, A r D Joyce Shellenberger & James Shellenberger VS. Courtney Orbach kileNo. NO. 2012-0643 CIVIL SYMP'OJNA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PUPS .414' TO R L 4004.22 TO: Holy Spirit Hospital. - Medical (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you arc ordered by the tour to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things -required by this subpoena within twenty (20) days after.iis service, the parry serving this subpoena may seek a court order compelling you to comply with it: - TFUS SUBPOENA WAS ISSUED AT TAE REQTJEST OF THE FOLLOWING PERSON: NARM: George H. Eager, Esquire Lancaste , TELEPHONE. - SUPREME COURT ID ' ATTORNEYFOR. De Date: wth,uiii 4/5/2012 W BY T O onotary, Civil D' ii-,r Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Medical Records Correspondence Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Pertinent file including, but not limited to: (1) admission and discharge information (2) consultation reports (3) history and physical examinations (4) operative and pathology reports (S) emergency/outpatient records (6) rehabilitation medicine (PT, OT, speech), also to be included are pain clinic records. COMFM--O TW T-11 OF PEN74 SYL v= 14Lk CO UN7i OF cLTIA BB xLAIND Joyce Shellenberger & James Shellenberger NO. 2012-0643 CIVIL H Te No. VS. Courtney Orbach FOR DISCOVER P'UPPl'=US e AN O RULE 4009.22 TO: Holy Spirit Hospital. - Radiology (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ortbines: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail Iegible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things -required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. Tu1S SUBPOENA WAS ISSUED AT TIM REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire Lancaster , TELEPHONE: 11 - - SUPREME COURT ID ATTORNEY FOR De Date: Valf Cotii 4/5/2012 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 Attention: Radiology Films Library Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Complete copy of any and all diagnostic films, film lists and film reports from 1/1/2000 to present, including X-Rays, MRI, and CT scans. COl1?0-T-W ALTH Oh YENNSZYL V%-UN COu?IITY ON C-LTkA E1l1 d-dNi Joyce Shellenberger & James Shellenberger Fie No. NO. 2012-0643 CIVIL VS. Courtney Orbach SUBPOTENA TO PRODUCE DOMAE1 TS OR TEO[IiGS FOR DISCOVERY PURSUANT TO MULEE 4009.22 TO: Magnetic Imaging Center (Name of Person. or Entity) Within twenty (70) days after service of this subpoena, you are ordered by the court to produce the following documents or thi-nzs: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with. the certificate of compliance, to the party making this request at the address listed above- You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought- If you fail to produce the documents or thingg -required by this subpoena within twenty (20) days after-its service, the party serving this subpoena may seek a court order compelling you to comply with it TES SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PE SON. NAluIE: George H. Eager, Esquire L a n c a s , TELEPHONE: - SUPREME COURT iD ATTOP.NEYFOR erense Date- LKC calf toin 4/5/2012 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Magnetic Imaging Center 4665 Trindle Road Mechanicsburg PA 17050 Attention: Records Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. G COAAW Oj-T?,4 T T H OF P7MReY11V %k:NL COUTITrf OF CTIAMBEP,1 D Joyce Shellenberger & James Shellenberger Rile No. 2012-0643 CIVIL _ . VS. Courtney Orbach SYMPO ' NA TO PRODUCE DO MAEN TIS OR TRIGS FOR DISCOVERY PTIRS ANT TO RULE 4009.22 Marshall's TO: (Name of P erson or Entity) Within twenty (70) days after service of this subpoena, you are ordered by the court to produce the following documents or thrives: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party mal ing this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things -required by this subpoena within twenty (20) days afier.its service, the parry serving this subpoena may seek a court ordef compelling you to comply with it Tu-IS SUBPOENA. WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PEF, SON-- NAME: George H. Eager, Esquire TELEPHONE: SUPREhIE COURTbID ATTORNEY FOR Date_ /?- Seal f Coui tt 4/5/2012 BY THE CO not-y, Civil- D vision Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Marshall's 6520 Carlisle Pike Mechanicsburg PA 17050 Attention: Human Resources Department Subject: Shellenberger, Joyce SS#:0637 Date of Birth: 02/26/1964 Requested Items: Please remit: a complete copy of any and all employment documents including, but not limited to application for employment, pre- employment physical, date employment began, worker's compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination from 1/1/2000 to the present. CC1Vf1vIO T-11 OF PTENINSQYJLV?i4LA, COUNT OF CutA+BEP. fi r.D Joyce Shellenberger & James Shellenberger NO. 2012-0643 CIVIL kile No. VS. Courtney Orbach SUMPOESINU TO PROyJCE DOCUTAENTS OR TEO[NGS FOR DISCOVERY PUT'Bc AN TO RULE; 4009.22 Sanford & Roumm Rheu.matology TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or tbines: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party makiB this request at the address listed above- You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena wiibia twenty (20) days after-its service, the par y serving this subpoena may seek a court order compelling you to comply with it TIM SUBPOENA WAS ISSUED AT THE REQUEST OF TBBB FOLLOWING PERSON_ NAME: George H. Eager, Esquire Lancas?er PA, 17601 TELEPHONE: - SUPRENIE COURT- ATTOP.NEY FOR e Date: Wth,,CurL1 4/5/2012 Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Sanford & Roumm Rheumatology 1845 Center Street Camp Hill PA 17011 Attention: Records Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. COi1-20--O-i-TvtBA LT qC) PENWSYL VY IUN ? Joyce Shellenberger & James Shellenberger NO. 2012-0643 CIVIL VS. Courtney Orbach EUBPO INA TO PRODUCE DOCUME NTS OR `PIGS FOR DISCOVER PURSUANT TO MULE 4009.22 TOSusquehanna Valley Surgery Center : (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the murt to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party maIang this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought- If you fail to produce the documents or things -required by this subpoena wiihin twenty (20) days after its service, the party-serving this subpoena may seek a court ordei compelling you to comply with it TPIIS SUBPOENA WAS ISSUED AT TBE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire LancasLer , TELEPHONE: SUPRENIE COURTLID - A-fTOPNEYFOR e Date. Seal /of-yr Couxi 4/5/2012 Lepu-cy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Susquehanna Valley Surgery Center 4310 Londonderry Road Suite 1 Harrisburg PA 17109 Attention: Records Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. r ? t r COM-MON-WEALT-1 OF PENNS 1,vA:gL,F CO U-N7 OF C Uj A?:BEYJ--A4 : Joyce Shellenberger & James Shellenberger NO. 2012-0643 CIVIL Le No. VS. Courtney Orbach SUBPOENA TO PRODUCE DOMRENTS OR THItdGS FOR DISCOVERY PURS UAINTT TO RULE 400.x.22 Tristan Associates TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: PLEASE SEE ATTACHED RIDER at 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 (Address) Yon may deliver or mail Iep-ble copies of the documents or produce things requested by this subpoena,_tDgether with the certificate of compliance, io the party making this request at the address listed - above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things -required by this subpoena within twenty (20) days after-1s service, the party -serving this subpoena may seek a court order compelling you to comply with it THS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PER.-SON: George H_ Eager, Esquire NAIv1E: nca -T FPHONB: - - - _ = OP GOURTD'e f ATTORNEY FOR e Date: l S al o the Coon 4/5/2012 BY thonot-y, Ci Divisioa Deputy Ph Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Tristan Associates 4518 Union Deposit Road Harrisburg PA 17111 Attention: Records Department Subject: Shellenberger, Joyce SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: Any and all first consultation reports, office notes, MRI, CT and x-ray films and reports, test results, physical therapy reports, nurse's notes and doctor's orders, along with any and all other medical records concerning Joyce Shellenberger from 1/1/2000 to the present. S CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handier, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA DATE: BY: George H. Ea squire Attorney for efendant I. D. No. 27 40 1347 Frui ville Pike Lancaster, PA 17601 (717) 290-7971 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff CIE CF -k¢ ="ERlFr F ICE ! HE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart solicitor 2012 MAY 22 AM 9108 CUMBERLAND TY Joyce Shellenberger(et al.) Case Number vs. 2012-643 Courtney Orbach (et al.) SHERIFF'S RETURN OF SERVICE 05/07/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Case Management Unit, but was unable to locate therr in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 05/11/2012 01:40 PM - Dauphin County Return: And now May 11, 2012 at 1340 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Case Management Unit by making known unto LuciNe Alvarez, Receptionist for Case Management Unit at 1100 S. Cameron Street, Harrisburg, Pennsylvania 17104 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 May 18, 2012 (c) CountySuite Sheriff, Teleosoft, Inc. SO ANSWERS, RON R ANDERSON, SHERIFF otfirt. of William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin JOYCE SHELLENBERGER & JAMES SHELLENBERGER VS CASE MANAGEMENT UNIT Sheriff s Return No. 2012-T-1378 OTHER COUNTY NO. 2012-643 And now: MAY 11, 2012 at 1:40:00 PM served the within NOTICE & COMPLAINT upon CASE MANAGEMENT UNIT by personally handing to LUCILLE ALVAREZ 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1100 S. CAMERON STREET HARRISBURG PA 17104 RECEPTIONIST Sworn and subscribed to before me this 14TH day of May, 2012 O)P*z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17 2014 So Answers, By Deputy Sheriff Deputy: DARIN S SHE Y Sheriffs Costs: $41.25 5/11/2012 Thomas E. Brenner, Esquire ,, Attorney ID No. 32085 `2012' 113 "N''r P.O. Box 6991 CUMBERLAND COUNT"I" Harrisburg, PA 17112 pEf4NSYLVANIA (717)234-4161 Attorney for Defendant Case Management Unit IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE & JAMES SHELLENBERGER, Plaintiffs CIVIL ACTION-LAW Vs. DOCKET NO.: 2012-0643 COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendants PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire, of Goldberg Katzman, P.C., on behalf Defendant Case Management Unit. Goldberg Katzman, P.C., Dated: (p 1 ( L B ThonBrenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for Defendant Case Management Unit (00601962;vl) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: David H. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs George H. Eager, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Courtney Orbach GOLDBERG KATZMAN, P.C. By: -TTo-m-as E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for Defendant Dated: 6 (1 ? l L { 00601962;v 1) 1L OFF' c- ' Thomas E. Brenner, Esquire Attorney Box 6991 No. 32085 Po t?;? &lli? -9 ??? 11 ? ?JS Flanisburg, PA 17112 C, , -AND (717)234-4161 `???$ g>SYL`???Ua; Attorney.for Defendant Case Management Unit IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE & JAMES SHELLENBERGER, Plaintiffs Vs. COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendants . CIVIL ACTION-LAW DOCKET NO.: 2012-0643 ANSWER WITH NEW MATTER OF DEFENDANT CASE MANAGEMENT UNIT TO THE AMENDED COMPLAINT P.C_ AND NOW, comes Case Management Unit, by its attorneys. Goldberg Katz, who state that: 1. Denied. The paragraph is denied pursuant to Pa. k.C.P. § 1029(e). 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The paragraph is denied pursuant to Pa.R.C.P. § 1029(e). 7. Denied. The paragraph is denied pursuant to Pa.R.C.P. §11 029(e). 8. Denied. The paragraph is denied pursuant to Pa_1,:.C.P. i 6,29(e). Morcoxer. thc paragraph states a legal conclusion to which v,(_) rf,,ponse is necessary. 9. Denied. The paragraph is denied pursuant to Pp..§ I029(c). {00602532;v1} 10. Denied. Defendant Orbach stopped at the stop sir:. 11. Denied. The paragraph is denied pursuant to Pa.R.C.P. § 1029(e). Moreover, the paragraph states a legal conclusion to which no response is necessary. 12. Denied. The paragraph is denied pursuant to Pa.R.C.P. § 1029(e). Moreover, the paragraph states a legal conclusion to which no response is necessary. 13. Denied. Moreover, the paragraph states a legal conclusion to which no response is necessary. COUNT 1 14 - 17. These paragraphs are directed to another party and no response is required by the answering Defendant. COUNT 2 18 - 21. These paragraphs are directed to another party and no response is required by the answering Defendant. COUNT 3 22. The answers to paragraphs 1-21 are incorporated herein by reference. 23. Admitted. 24. Denied. The paragraph states a legal conclusion to which no response is necessary. 25. Denied. The paragraph states a legal conclusion to which no response is necessary. 26. Denied. The paragraph states a legal conclusion to which no response is necessary. 27. Denied. The paragraph is denied pursuant to P-1.R.C.11 §1029(e). 100602532;vII WHEREFORE, Defendant, Case Management Unit requests that Count 3 of the Plaintiff's Amended Complaint be dismissed with prejudice COUNT 6 28. The answers to paragraphs 1-27 are incorporated herein by reference. 29. Denied. The paragraph is denied pursuant to Pa.R.C.P. § 1029(e). 30. Denied. The paragraph states a legal conclusion to which no response is necessary. Moreover, the paragraph is denied pursuant to Pa.R.C.P. §1029(e). 31. Denied. The paragraph states a legal conclusion to which no response is necessary. Moreover, the paragraph is denied pursuant to Pa.R.C.11. § 1029(e). WHEREFORE, Defendant, Case Management Unit requests that Count 6 of the. Plaintiff's Amended Complaint be dismissed with prejudice. NEW MATTER DIRECTED TO PLAINTIFFS 32. The answers to paragraphs 1-31 are incorporated herein by reference. 33. Plaintiff's injuries, if any, arose from her comparative negligence. 34. Plaintiffs claims are barred or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. § 1701. et seq. 35. Plaintiff's claims are barred or limited by the tort threshold set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701. et seq. {00602532;vII 36. Plaintiff's claims are barred or limited by the preclusion of pleading, proving and/or recovering special damages set forth in ?, 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. {00602532;v I I WHEREFORE. Defendant, Case Management Unit requests that the Plaintiff`s Amended Complaint be dismissed with prejudice. GOLDBERG KATZMAN, P.C. By: --- Thoa?-)Brenner, Esquire Attorney 432085 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 Attorneys.fbr Defendant, Case Management Unit {00602532;v1} VERIFICATION I, "" V1 &rk V(?I'Ckk7O, a representative of Case Management Unit, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. CASE MANAGEMENT UNIT BY: Representative {00602532;vII CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: David H. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs George H. Eager, Esquire 1347 hruitville Pike Lancaster, PA 17601 Attorney,for Defendant Courtney Orbach GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney.for Defendant Dated: {00602532;v1} T .E:.. 7, C, ,. t N David H Rosenberg, Esq. (I.D.#20569) Matthew P. Rosenberg, Esq. (ID#201485) HANDLER, H NNING & ROSENBERG, LLP 1300 Lingles own Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Rosenberg@hhrLaw.com E-mail: Mrosenberg@hhrlaw.com Attorneys for Plaintiffs JOYCE SHF?LLENBERGER & JAMES SHELLEN I RGER, Plaintiffs V. COURTNEY ORBACH and CASE MANAGEMENT UNIT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket # 2012-0643 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER ANb NOW, comes the Plaintiffs, Joyce Shellenberger and James Shellenberger, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esquire, and responds to the Defendant's allegations of New Matter as follows: 32., This paragraph does not require a response. A 33-36. Denied. These paragraphs are conclusions of law to which a response is not required. If a response would be required then these averments are denied pursuant to Pa.R.C.P. No. (1039)(e). WHEREFORE, Plaintiffs, Joyce Shellenberger and James Shellenberger, seek damages from Defehdant, Courtney Orbach, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, Dated: 3 (?? C C ' HANDLER, HENNING & ROSENBERG, LLP By: Davi Rosenberg, Esquire Su reme Court ID#20569 Matthew P. Rosenberg, Esquire Supreme Court ID#201485 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 (717)238-2000 Attorney for Plaintiff Y JOYCE SHELLENBERGER & JAMES SHELLENBORGER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket # 2012-0643 V. COURTNEY ORBACH and CASE MANAGEMENT UNIT Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE On1he 21" day of August 2012, 1 hereby certify that a true and correct copy of Plaintiffs' (Reply to New Matter was served upon the following by depositing in U.S. Mail: Thomas E. Brenner, Esq. Goldberg Katzman P.O. Box 6991 Harrisburg, PA 17112-0900 HANDLER, HENNING & ROSENBERG, LLP erg, Esquire David H R7U0r:"1D#20569 Supreme r.. _ F .. d _ . - ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JOYCE SHELLENBERGER & JAMES SHELLENBERGER, Plaintiffs NO. 2012-0643 Civil v. COURTNEY ORBAC;H, Defendant JURY TRIAL. DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) na objection too the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:~~'~ c~. George H. lager, Esc Attorney for Defend I.D. No. 27740 1347 Fruitville Pi e Lancaster, PA 17601 (717) 290-7971 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Joyce Shellenberger & James Shellenberger Court of Common Pleas vs. Courtney Orbach Case Number. NO. 2012-0643 CIVIL CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to sE~rvice of a subpoena for documents and things pursuant to Rule G009.2L, Litigation Solutions, LLC ('LSLLC') on behalf of John M. Sofilka of Eager, Stengel, Quinn &Sofilka certifies that: (1) A notice of intent 'to serve the subpoena with a copy of'the subpoena attached then+>to was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notir_e of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to thE_~ notice of intent to serve the subpoena. Date: 10!12/2012 Litigation Solutions, LLC on behalf of John M. Sofilka of Eager, Stengel, Quinn i;'~ Sofilka Attorney for t:he Defendant CC: John M. Sofilka Eager, Stengel, Quinn. &Sofilka 1347 Fruitville Pike Lancaster PA 17601 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Joyce Shellenberger & lames Shellenberger Court of Common Pleas vs. Courtney Orbach NO. 2012-0643 CIVIL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2]l Provider: Record l"ype: Camp Hill Family Chiropratic Christiansen Chiropractic Prescriptions for Enlightening Paths All available Employrnent Employrnent. TO: David Rosenberg, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of John M. Sofilka intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frorn the date listecl below in which l:o file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. C7ate of Issue: 9/21./2012 Litigation Solutions, LI_C on behalf of: CC: Jchn M. Sofilka of Eager, Stengel, Quinn &Sofilka -Court of Common John M. Sofilka Pleas Defense If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, F'A 15227 COUNSEL LISTING FOR JOYCE SHELLENBERGE'R & JAMES S'HELLENBERGER VS. COURTNEY ORBACH County of Cumberland Court of Common Pleas Counsel Firm Counsel ~~YPe Rosenberg, Esquire, 1300 Linglestown Road Ste. 2 Harrisburg PA 17110 P: 717-238-2000 Opposing David F: 717-233-3029 t;ounsel Brenner, Esquire, 4250 Crums Mill Road, Ste. 301 P.O. Bo:K 6991 Harrisburg PA 17112 (:)then Thomas E:. P: 717-234-4161 F: 717-234-6810 COUt~IT-Y OF CU7~ ±-`sP.L Atv Court:~ey OrbacY ~li 5 Joyce Shellenb_rger ~ .7smes S~ellenberger ~j~G~O 140. 2012-6693 CIV1, Camp Nill F<<nily Chiroprat~c ~ ~: (Name or"Peon or E~r>r) i'~ithin ts,~eaty (20) days after service of this subpoena, .you are orticree~ by `ue coin to prndnc~ the fpilo~;7g docu~;ats ori~nes: See atte~.ched rider for instructions. ~itiaation Solnt:ions, LLC, 101 Towne Square Way, Suite 2~i Pittsburgh, PR 1522- xt ~___ {Address} --._ .- - You may dclivcr or mail Icg3~Ic capics of the docu~ellts or praducc ?rings requested icy ibis subpoena, togefhnr with. ihL ccrtncate of compLante, io the party:mzking this request a2 the addres:> Listed above. You b-ve the n_p~ht to seek in advance fhe rcasanable cost ofpizpzring illc ~.opies or pmduc~~g the tb?ngs sou.ght_ I:~ you 7zil to plr~duce the docuxotnts or th~cs -required by this subpoena wlth~ll tarenty (2(},) clays a_~i~r 1tS SGN1Ge, the party Serving this subpoena may seek z co~.nt ardet corapclL+ng you to comply r-rit~x iL TE'~S SUi3POENA W.~ ISSUED AT THE REQUEST OF TAE FOLLOW~~TG PEP.~ON_ NAME: John N. Sofilka AODRihSS 1397 Fzuitville Pike iancaster, PP„ 17601 TE7~PHO2~~': 717-290-7971 5T1PR~-ME COUR.1 Il~ ~#_ 3 9 9 8 8 ^_ ATTOP.NEYPOR Defense !_ ~~ ~ ~? ~~: scat a_ the Dort B Y 'i?~1~ COURT: Frothozio;zry, CivZZ i'~ivisior< C Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Camp Hill Family Chiropratic 3401 liartzdale Drive Suite 117 Camp Hill PA 17011 Attention: Records Department Subject: Shellenberger, Joyce. SS#: 0637 Date of Birth: 02/26/1964 Requested Items: Please remit: a complete copy of any and all documents in your possession from 1/1/1000 to present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office° notes) • Films (X-rays, MRIs, CTs), Film lists COiY?~~i~'~,,JLi,lALr FFT.~.;e~?7 V~~~?~i C~ Ul~'i Y O F Cv~ ~ ~:y,~~ Courtney i~r~ach ~j C Joyce Shellenbereer b ~~ame=_ Shellenberger hjl~ CJD NC- 2D12-D693 C?4I S ~7?~P~~l~?~ ~~ PP~Q~~JGE ~~~~~N~ il GR T~`~G~ J{~t~~TS~®YER~ PUP~II~~~~ T'~ P~EJ"rL~ 4D09.~~ Christiansen Chiropractic Z'~: ~laIDC O~PCrSOIl Or E~h'ry~ -C.Tithu~ tr,~caiy (~D) days a$cr service of this subpoena, you are ordered try tl~e cou u produce tie ai]ocP*ig doer-nts oa ~inas_ See attached rider for instructions- Litiga~ion Solutions, LLC, 101 Towne Sguare way, Suite 2S1 Pittsionrgh, PA ~.,~.'~ uL --,- {A~drrss) ------ - ~rou may dLlivcr or mail Ic~-blc cnpics o$ the dornmr_r~ta or praduca ?ijoos rzq_uested t>y this subpoena, 4,g~thar with tha cert?ficzta of complianct, io the party?king this request at the address listed above. You 11_vz the right iD seek in adva.ncc the acasanable cast cif prepaang the copies or praduci:og Lhe things sou;ht. If-yon pail to produce fhe documents or tbing-s -required by this subpoena ~~i'~hin ~rcnfy (20) days ~t'~r.its seivicc, the party serving this su-bpocnamay~seek a tout ord'°r compcllsg you io comply r-~itfi it THIzS SLIF3POENA W~~S ISSUED AT T~ REQUEST OF TF~ FQLLO~IIdG PEP..SON: Nf1T`g: Joan M. Sofilkz r'il~~RFSS: 1397 Fruitville Pike Lanczster, PA, 17601 TEp.EPHO2v'E: 717-290-7971 _ SUPREME t~OURT 1.D ~r 3 °. 9 e B ATTOP.NEYFOR Defense J Dates: ~ r Sczl f tl'c o•.uf B Y 'I~i COURT: 2`SDe`hDIID~ry, CiVl~t I~IVi.S10II _...-. 73epu~y Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Christiansen Chiropractic Pennsboro Commons 354 East Penn Drive Enola PA 17025 Attention: Hurrran Resources Department Subject: Shellenberger, Joyo~ SS#: 0637 Date of Birth: 02/26/1964 Requested Ite~.ms: Complete copy of employment files from 1/1/2000 to present: Application for employment, pre-employment physical, date employment began, worker's compensation claims and medical rr=_ports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absr°nt dates and reason for leave ar~d date of termination. COI~?~ O i~ ~:%~ ~'1' N O N F~ i~S~?T ~~ ~1~T,~~ cov-~ i~ o F ccv~.~ ~-:~,~~~. Courtney Crbach vs Joyce Shellenberger d Jame_ Shel.lenberger F1cNo_ »o_ zolz-o643 cram S~3P~~~?~ ~'~ PP~4~FI ~~}~lI~N.~ s f~I? 'I'~Q`1~5 i{~R ~ISC~i~RY PUP~II~~~ ~ `C® P~6JL~ ~OD9.22 Prescriations for Enlightening Paths TJ: (Name of Person or Entity) i~Ti`~ tc,~c3ty (2 D) days ~~ scrFicc of t)zis subpoena, yflu are orriered icy the caul' ~ p:ruaLCe the p11pF?i-1~ dDn;~~T~tr pI 'C~]IlES: See attached rider for instructions. 5 _, _... L_t:_g<aion Seiutions, li,C, l0i Towne Square Way, Suite ~`i FittsL-urgh, FR 7 ~:-~ dt ]Tau may deliver o= mail lc~blc topics of the donrmr.zts or Broducn i;~s rzquestr~3 l>y this subpoena, ~geth~r with t~ eertificata of compLancc, io the party:~aki~g this regacst zi the ade~rc~ listed above. You '~avc the right tD secL in advzncc the rcasonabie cost of preaaiag the r_opies or ~oduc:i.~g the things sought_ Ii~ you fail to produce the documLnts or things -requaed by this subpoena ~~ibin twenty {2~3) d.zys ~~WT,its service, the palty?erviDg this subpoena ~y~seek a cp~n-t artier Gompclling you to comply r,at}r t: TI~iS SiJ~3P0$NA SAS ISSUED AT T~ REQUEST DF T~ FOLLOVvII~G PEP..50N: ~A~: Jvhn M. SoP_ilka Ap~R~S: 1347 Fruit'ville Pike Lancaster, PA, 17601 TFT,F'PHONE: ~1~-290-~~9~1 SUPRE?v~ t~OURT ID 3 9 4 8 E ATTOP.NE~`FOR Defense Datc:__ ~ J ~- Seal ei t, _e Co -'-` B Y '>~ COURT: 1 ~ ._--- rioLonptzr-J; Civrll~iv~siort -~ )cpu~ Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Prescriptions far Enlightening Paths 890 Poplar Church Road #107 Camp Hill PA 1.7011 Attention: Human Resources Department Subject: Shellenberger, Joyce 55#: p637 Date of Birth: 02/26/1964 Requested Items: Complete copy of employment files from 1/1/2000 to present: Application for employment, pre-employment physical, date employment. began, worker s compensation claims and medical reports, performance evaluations, year end payroll records for each year of employment, disciplinary notices, leave of absent dates and reason for leave and date of termination. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 EAGER, STENGEL, QUINN & SOFILKA G .. r- George H. Eager, E uire Attorney for Defe nt I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717') 290-7971 David H Rosenberg/Matthew P Rosenberg I.D. Nos. 20~69/2U1485 I IANDLI:R. I1F:NNING & ROSENBERG. LLP 1300 Linelestown Road l larrisbur~. P,~ 171 10 I~elephon~ (717) 238-2000 F=ax : (717) 233-3029 f?-mail r~~sa~hcr~~~1.HI1RLa~-G.com r J ~i ~J~ - _ Attorneys for P~a~e~tt,~ k Y 1 ~ 1 IN THE COi1RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCI~ SHELLENBERGER & JAMES SHELLENBERGER, 'Plaintiffs v. COUR1TiEY ORBACH and CASE MANAGEMENT UNIT, Defendants Nu. 2012-0643 Civil NRY TRIAL DEMANDED CERTIFICATE OF SERVICE [ hereby certify that I have, on October 5, 2012, served Plaintiff's answers to Defendants' Second Set of Interrogatories and Requests for Production of Documents on the foll~:~wing via first class mail. Co~Irtney Orbach and Case Management Unit c/o John M. Sofilka EAGER, SPINELLO, QUINN & STENGEL l 34? Fruiri~ille Pike Lancaster, PA 17601 Date: By: ~' ~ Davi Rosenberg (20569) Co sel for Plaintiff 1 0 Linglestown Road b~arrisburg, PA l i' 110 (717} 238-2000 FILEV- FICcl�- THE PRO T O fjO,F1?O PIA If 22 AN 11: 0 C"BERLAND COUNTv PEhl,�S YLVANIA David H Rosenberg (PA 20569) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg,.PA 17110 Ph. 717.238,2000 Attorneys for Plaintiffs Fax 717.233.3029 rosenberg@hhriaw.com JOYCE SHELLENBERGER and IN THE COURT OF COMMON PLEAS JAMES SHELLENBERGER CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. No. 2012 - 0643 COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendant CIVIL ACTION- LAW MOTION FOR A CASE MANAGEMENT CONFERENCE Plaintiffs,James and Joyce Shellenberger,by and through their attorneys,HANDLER, HENNING&ROSENBERG,LLP, hereby move this Honorable Court for a Case Management Conference. 1. This action arises out of a motor vehicle collision that occurred on April 30, 2010, between a vehicle owned and operated by Defendant, Courtney Orbach, and a vehicle owned and operated by Mrs. Shellenberger. At the time of the collision, Ms. Orbach was acting within the course and scope of her employment with Defendant, Case Management Unit. 2. Mr. & Mrs. Shellenberger are a competent adult individuals currently residing at 51 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant, Courtney Orbach, is a competent adult individual currently residing at 95 Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant, Courtney Orbach, is currently represented by John M. Sofilka, Esq., of Eager, Spinello, Quinn & Stengel, 1347 Fruitville Pike, Lancaster, Lancaster County, Pennsylvania, telephone number (717) 290-7971. 5. D6fendant, Case Management Unit, is private nonprofit corporation with offices located 1100 South Cameron Street, Harrisburg, Dauphin County, Pennsylvania. 6. Defendant, Case Management Unit, is currently represented by Thomas E. Brenner, Esq., of Goldberg Katzman, PC, P.O. Box 6991, Harrisburg, Dauphin County, Pennsylvania, telephone number (717) 234-7971. 7. Plaintiffs commenced this action on or about February 1, 2012, by filing a Complaint, contending that Mrs. Shellenberger sustained personal injuries as a result of the April 30, 2010, incident. 8. During the discovery process, Defendants subpoenaed Mrs.Shellenberger's medical records. On or about October 17, 2012, Plaintiffs' counsel requested that Defendants provide him with copies of the subpoenaed records upon receipt thereof. A copy of a letter documenting Plaintiffs' counsel's request is attached hereto, made a part hereof, and marked Exhibit "A." 9. 0 6 November 27, 2012, Plaintiffs' counsel reiterated his request regarding the subpoenaed records. A copy of a letter documenting Plaintiffs' counsel's request is attached hereto; made a part hereof, and marked Exhibit "B." 2 10. Having heard nothing from Defendants'counsel, Plaintiffs'counsel reiterated his request on December 11, 2012, and inquired if Defendants' counsel intended to schedule a defe,nse medical examination. A copy of a letter documenting this request is attached hereto, made a part hereof, and marked Exhibit "C." 11. Sometime in February of 2013, Plaintiffs' counsel spoke on the phone with Mr. Sofilka, who'advised him that upon conferring with Mr. Brenner, Defendants' counsel would respond to Plaintiffs' counsel's requests. 12. Plaintiffs' counsel received no response from Defendants' counsel and sent them another letter, inquiring after the subpoenaed records, suggesting the scheduling of the deposition of Defendant, Courtney Orbach, and inquiring after Defendants' counsel's intent to seek a'defense medical examination.. A copy of this letter is attached hereto, made a part hereof, and marked Exhibit "D." 13. As of April 8, 2013, Plaintiffs' counsel, still having received no answers to these issues, suggested that a Status Conference may be in order. A copy of a letter documenting this request is attached hereto, made a part hereof, and marked Exhibit"E." 14. As of the filing of the instant Motion for a Case Management Conference, Plaintiffs' counsel has yet to receive any answers to these discovery matters. 15. Plaintiffs have attempted to confer with Defendant's counsel in an effort to set discovery and expert deadlines; however, Defendant does not concur with this motion. 16. Therefore, to set discovery and expert deadlines and to move this action expeditiously, Olaintiffs respectfully submit this Motion for a Case Management Conference. 3 WHEREFORE, Plaintiffs, Joyce and James Shellenberger, respectfully request that this Honorable Court schedule a Case Management Conference. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: May t"� , 2013 By: Davi H Ro nberg (PA 20569) 1300 Lingi6stown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg @hhrlaw.com Attorneys for Plaintiffs 4 Shellenberger, Ms. Joyce A. Case Type: MVA DOI: 4/30/2010 LIM Date:4/29/2012 Case#:'215362 ( SLN ) Class:GRN Assigned: DHR Date Opened:5/7/2010 5/14/2013 04:38 PM Page 1 of 1 Case Note - Page 250 of 265 Date: 10/17/2012 03:42 PM Staff: TGD Topic: MEDICAL RECORDS Case Status ❑ Thomas E. Brenner, Esq.❑❑❑John M. Sofilka, Esq. Goldberg Katzman ❑❑❑❑Eager, Spinello, Quinn & Stengel P.O. Box 6991 11❑❑1101347 Fruitville Pike Harrisburg, PA 17112 0900❑❑❑Lancaster, PA 17601 ❑Re:b Joyce A. Shellenberger v. Courtney Orbach, et al 002012 0643 ❑ear Mr. Brenner& Mr. Sofilka: At this time I would like to provide you with some updated records regarding Ms. Shellenberger's knee problems. This will supplement our ❑iscovery. Enclosed you will find the following: 1.❑Orthopedic Institute of PA dated 3/10/11-10/3/12; 2.❑CPRS dated 3/15/10-4/12/10. It is my understanding that some additional records were subpoenaed by your offices. If that is the case, I would ask that you provide me with those records when you do receive them. I would also like to know when we may be in a position to further review this case. Thank you for your attention to this matter. 0 0011❑Very truly yours, ❑T0❑❑HAD❑LER HE❑❑I❑G".& ROSE❑BERG LLP ❑0❑❑ By: 01111❑T ❑avid H Rosenberg 0HR/tgd cc:❑Joyce A. Shellenberger Enclosure EE IBIT Shellenberger, Ms. Joyce A. Case Type: MVA DOI: 4/30/2010 LIM Date:4/29/2012 Case#:215362 ( SLN ) Class:GRN Assigned: DHR Date Opened:5/7/2010 5/14/2013 04:39 PM Page 1 of 1 4 Case Note - Page 253 of 265 Date: 11/27/2012 02:20 PM Staff: TGD Topic: MEDICAL RECORDS Case Status John M. Sofilka, Esq.000011Thomas E. Brenner, Esq. Eager, Spinello, Quinn & Stengel ❑011Gold❑erg Katzman 1347 Fruitville Pike ❑❑0❑❑P.O. Box 0991 Lancaster, P❑ 170D1 n & Harris❑urg, P❑ 17112 0900 ❑Re®Joyce ❑. ShellenDerger v. Courtney Or❑ach 1102012 O❑43 Dear Mr. Sofilka & Mr. Brenner❑ I would like to once again, update you with some additional medical records concerning Ms. Shellen0erger. These are prior records that you requested. They are from Duriske Chiropractic. You will note that all the treatment has to do with the spine. There is no issues concerning the knee. I want to follow up again with you as to your Su0poenas for medical records. I have not received anything from you. Have you o0tained any of those records that you SuOpoenaed as of yet? r .I look forward to hearing from you. 5 [1000❑Very truly yours, ❑ 1 ooHONDLER HENNING & ROSENBERG LLP 1100❑ By0 11❑❑0J David H Rosen❑erg DHR/tgd cc®Joyce ❑. Shellen11erger Enclosure EXHIBIT Uate:4/29/2012 SeeeMoA Type: MA O4210 Case#:215362 ( SLN ) Class:GRN Assigned: DHR Date Opened:5/7/2010 5/14/2013 04:41 PM Page 1 of 1 Case Note - Page 254 of 265 Date: 12/11/2012 09:59 AM Staff: MSR Topic: CORRESPONDENCE Case Status Thomas E. Brenner, Esq. Goldberg Katzman P.O. Box 6991 Harrisburg, PA 17112 0900 John M. Sofilka, Esq. Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 ❑Re:❑Joyce A. Shellenberger v. Courtney Orbach ❑❑2012 0643 Dear Mr. Brenner and Mr. Sofilka: 01 want to follow up on my letter to you of November 27, 2012. 1 haven't heard back from either one of you concerning what additional records you may have obtained. I have not been able to discuss with you whether you intend to schedule a defense medical examination or not. 01 would appreciate it if we could perhaps schedule a conference call or meeting among the three of us in order that we can get some understanding on where we are going with this case and what needs to be done to get it moving forward. ❑Once again I am requesting pursuant to discovery, copies of any additional medical records that you have obtained in this case. I would also like to hear from both of you in order that we can arrange such a mutual meeting. Thank you for your attention to this matter. ❑o h n Very truly yours, Do be HANDLER HENNING & ROSENBERG LLP Col d By: 0 o ma David H Rosenberg DHR/msr cc:r Joyce A. Shellenberger EXHIBIT C Shellenberger, Ms. Joyce A. Case Type: MVA DOI: 4/30/2010 LIM Date:4/29/2012 'rase#:215362 ( SLN ) Class:GRN Assigned: DHR Date Opened:5/7/2010 5/14/2013 04:47 PM Page 1 of 1 Case Note - Page 259 of 265 Date: 03/06/2013 02:35 PM Staff: TGD Topic: CASE STATUS Case Status John M. Sofilka, Esq.❑❑❑❑Thomas E. Brenner, Esq. Eager, Spinello, Quinn & Stengel ❑❑Goldberg Katzman 1347 Fruitville Pike 00110P.O. Box 6991 Lancaster, P❑ 17601 00 0b Harrisburg, P❑ 17112 0900 ORe®Joyce 0. Shellenberger v. Courtney Orbach 01:12012 0643 Dear Mr. Sofilka & Mr. Brenner❑ Opproximately one month ago I spoke with Mr. Sofilka concerning the status of the case and moving forward. Mr. Sofilka advised me that he was going to speak with Mr. Brenner to discuss what we can do to move the matter forward and get back to me. I have not heard from anybody as of this point in time. 0s I indicated previously, I wou`Id like to move the matter forward. I think we should schedule the defendant, Courtney Orbach's deposition at this time. Once again, pursuant to my Discovery requests, I am requesting that you provide me with any and all documents you have obtained using the Subpoenas. ❑lso please advise me whether you have any intention on scheduling a Defense Medical Examination of Ms. Shellenberger. I look forward to hearing from either or both of you as to when we can get these matters moving and the scheduling of the depositions and any examinations. Thank you for your attention to�this matter. 0000❑Very truly yours, OJ ❑❑OHONDLER HENNING & ROSENBERG LLP ❑❑00 By❑ ❑❑❑❑J David H Rosenberg DHR/tgd cc®Joyce ❑. Shellenberger EXHIBIT Shellenberger, Ms. Joyce A. Case Type: MVA DOI: 4/30/2010 LIM Date:4/29/2012 Case#.•215362 ( SLN ) Class:GRN Assigned: DHR Date Opened:5/7/2010 5/14/2013 04:49 PM Page 1 of 1 Case Note - Page 260 of 265 Date: 04/08/2013 11:58 AM Staff: TGD Topic: MEDICAL RECORDS Case Status Thomas E. Brenner, Esq.❑❑❑John M. Sofilka, Esq. Goldberg Katzman ❑❑❑❑Eager, Spinello, Quinn & Stengel P.O. Box 6991 ❑❑❑❑❑1347 Fruitville Pike Harrisburg, PA 17112 0900❑❑❑Lancaster, PA 17601 ❑Re:b Joyce A. Shellenberger v. Courtney Orbach, et al 0 02012 0643 Dear Gentlemen: It is my understanding in last speaking with you that you were obtaining medical records for Ms. Shellenberger and someone was going to get back to me concerning the scheduling of a Defense Medical Examination. Could you please advise me if you have obtained the medical records you were seeking. If so, please provide me with copies of all those records pursuant to my outstanding Discovery requests. Also, I would appreciate hearing from someone as to moving forward. Perhaps we need to schedule a Status Conference with the Court. I look forward to hearing from either or both of you as soon as possible. Thank you for your attention to this matter. Please contact me. 0❑0 0❑Very truly yours, Do t h HANDLER HENNING & ROSENBERG LLP Dear By: ❑❑❑❑T David H Rosenberg D H R/tgd cc:❑Joyce A. Shellenberger EXHIBIT C 4 J JOYCE SHELLENBERGER and IN THE COURT OF COMMON PLEAS JAMES SHELLENBERGER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. No. 2012 - 0643 COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the 17th day of May, 2013, 1 hereby certify that a true and correct copy of Plaintiffs' Motion for a Case Management Conference was served upon the following by depositing in U.S. Mail; Thomas E. Brenner, Esq. Goldberg Katzman P.O. Box 6991 Harrisburg, PA 17112-0900 John M. Sofilka, Esq. Eager, Spinello, Quinn & Stengel 1347 Fruitville Pike Lancaster, PA 17601 HANDLER HENNING & ROSENBERG, LLP By: Davi H Rosenberg FILED-OFFICE Thomas E.Brenner,Esquire OF THE PROTHONOTARY Attorney ID No. 32085 S.Baker Kensinger,Esquire 70113 MAY 29 AM I f: 33 Attorney ID No.208305 P.O.Box 6991 CUM E"RL.AND COUNTY Harrisburg,PA 17112 PENNSYLVANIA (717)234-4161 Attorney for Defendant Case Management Unit IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE &,JAMES SHELLENBERGER, Plaintiffs CIVIL ACTION-LAW Vs. DOCKET NO.: 2012-0643 COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendants MOTION FOR PARTIAL SUMMARY JUDGMENT AND NOW come Defendants Courtney Orbach and Case Management Unit("CMU") by and through their counsel, who files this Motion for Partial Summary Judgment pursuant to Pa. R.C.P. 1035.2 and local rule 1035.2(a), and in support thereof states the following: I. Procedural History 1. Plaintiffs initiated this action by filing a Complaint on February 2, 2012. 2. An Amended Complaint, adding CMU as a Defendant, was filed on May 1, 2012. 3. The Defendants have Answered the Amended Complaint. 4. Discovery has been taken, including the depositions of all individual parties, and this case is ripe for summary judgment. II. Factual History 5. This case stems from a motor vehicle accident which occurred on April 30, 2010. (Amended Complaint, ¶¶ 9-12) {00644836;v1} 6. Plaintiff Joyce Shellenberger("Mrs. Shellenberger") has admitted that she was "named under an automobile insurance policy with G1ECO and she was covered under the limited-tort option." (Amended Complaint, ¶7)(emphasis added). 7. However, Mrs. Shellenberger claims that she "is entitled to recover noneconomic damages as though she was covered under the full-tort option, as [she] sustained a serious injury, including a permanent serious disfigurement, as a result of the collision." (Amended Complaint, 8)• 8. Specifically, Mrs. Shellenberger alleges that she "suffered a permanent serious disfigurement." (Amended Complaint, ¶26 (b)). 9. To wit, Mrs. Shellenberger testified that she continues to experience a black and blue mark on her leg. See selected pages from the Deposition Transcript of Joyce Shellenberger, attached hereto as Exhibit "A", at p. 60:20-22. 10. Further, a photograph of Mrs. Shellenberger's left knee reveals two small incision sites from her left knee surgery. See photo dated 11/9/2010, attached hereto as Exhibit"B". III. Motion for Summary Judgment 11. Paragraphs 1 through 11 are incorporated herein as if fully set forth. 12. Pursuant to Pa.R.C.P. No. 1035.2, summary judgment is appropriate when there is no genuine issue of material fact, and the moving party is entitled to summary judgment as a matter of law. The purpose of summary judgment is to avoid unnecessary trials and to eliminate the waste of time and resources of both litigants and the courts in cases where a trial would be a useless formality. See Curran v. Children's Serv. Ctr., 396 Pa. Super. 29, 33, 578 A.2d 8, 9 (1990). f00644836;vl) 13. Summary judgment is proper when, after completion of discovery relevant to the motion, the adverse party who will bear the burden at trial has failed to produce evidence of facts essential to the cause of action. See Kroptovich v. Pennsylvania Power & Light Co., 795 A.2d 1048, 1054 (Pa. Super. 2002). 14. 'Pennsylvania courts have held that, at the summary judgment stage, a trial court can make the threshold decision of whether 75 Pa.C.S. §1705(d) is applicable where "reasonable minds could not differ on the issue." See Washington v. Baxter, 553 Pa. 434, 446, 719 A.2d 733, 740 (1998). 15. In fact, in Reidinger v. Linebaug_h, 35 Pa. D. & C. 4" 78, 1998 WL 663258 (1998)1, the Lancaster County Court of Common Pleas expressly held that the scarring sustained by the Plaintiff, described as "4 cm superficial laceration to the right inner leg" and an incision from an thoracostomy, were not the "type [of scarring] for which the legislature intended to allow recover when it defined serious injury to include permanent serious disfigurement." 16. In the instant case,there is no record evidence which supports the claim that Mrs. Shellenberger sustained a"permanent serious disfigurement" as required to recover for noneconomic damages by a limited-tort insured pursuant to 75 Pa.C.S. §I705(d). 17. To the contrary, as shown in the photo attached hereto as Exhibit"B," Mrs. Shellenberger had some minor bruising and two small incision sites on her left knee. 18. Further, a review of that photo also shows that Mrs. Shellenberger, in fact, has tattoos covering the top of her left foot. 1 It is recognized that Reideinger was decided under Dodson v. Elvey, 445 Pa. Super. 479, 665 A.2d 1223 (1995), allot. granted, 544 Pa. 608, 674 A.2d 1072 (1996), a case which was overrule by Washington. However, its analysis is consistent with the Washington standard, as stated above. {00644836;v1} 19. Additionally, as shown in a photo attached hereto as Exhibit "C," Mrs. Shellenberger has a tattoo on her right ankle. 20. Finally, Mrs. Shellenberger admitted that her medical history included a procedure to have a lap-band inserted by the Weight Loss Clinic in Harrisburg. (Shellenberger Dep. Tr.,p. 25:6-15). 21. This was an elective cosmetic surgery which necessarily resulted in an additional scar. 22. As such, Mrs..Shellenberger has, on several occasions, elected to have marks placed upon her body, making it disingenuous for her to allege that the small arthroscopic incisions or minor bruising constitute "permanent serious disfigurement." 23. As such, reasonable minds could not differ on whether Mrs. Shellenberger sustained a permanent serious disfigurement and summary judgment is appropriate with regard to this issue. WHEREFORE, Defendants Courtney Orbach and Case Management Unit respectfully requests that this Honorable Court grant their Motion for Partial Summary Judgment and preclude Plaintiff Joyce Shellenberger from seeking noneconomic damages for a permanent serious disfigurement. {00644836;v1} BERG TZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney#32085 a S. Baker Kensinger, Esquire Attorney#208305 4250 Crum- s Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 Attorneys for Defendant Case Management Unit Eager Sengel Quinn & Sofilka By: 6V.�N —3.�'t1 — John M. Sofilka, Esquire Attorney# `-L 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Courtney Orbach sirs {00644836;vl} i� r ._ ^ . � . 60 1 of a hole he said. 2 Q And we' ll check the medical records on that. 3 A Okay. 4 Q All right. Was that an in-and-out thing, that 5 you went to the office and they did that and you were able 6 to go. home the same day? 7 A It was done in a hospital. 8 Q Okay. 9 A But it was a same day. 10 Q A same day procedure? 11 A Yes. 12 Q And Arlington, that was probably -- was it over 13 at Osteopathic Hospital? 14 A Yes . 15 Q And since that procedure was done, is the knee 16 better? 17 A It ' s better, but there is still constant pain. 18 Q Would you say the pain is less now than it was 19 before? 20 A Oh, it ' s definitely less, but it comes and goes . 21 Sometimes it ' s severe. There is to this day a black and 22 blue mark on my leg -- 23 Q Okay. 24 A -- that I was told may never go away. 25 Q I think you're wearing a dress today or h :b y � N♦ M A •t �•1 i 5 f d Y �tA 'f M1 i 1 4 t 3 F=�F iL a > V 4 a`1.°�� *fix•# �„„ '� �' "mss �+°•, ay ^iL'Y'1„���'{°4°°Y-'a+,��`' f,sLetit�':�e.� #tC"��,.{y.'t�s�h�is ; i. a ' i Y �\ \ � - m � < 00 7 . . o < o 2 < ° \ : tOw z. , :... . . : yam\ CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail,postage prepaid: David H. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs George H. Eager, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Courtney Orbach GOLDBERG KATZMAN, P.C. B omas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Defendant Case Management Unit r Date�S {00644836;vl} JOYCE SHELLENBERGER and JAMES SHELLENBERGER, �>J h` . n Plaintiffs , 411 �� Zt IN THE COURT OF COMMON PLEAS v. THE NINTH JUDICIAL COURT COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendants 2012-00643 CIVIL TERM IN RE: MOTION FOR A CASE MANAGEMENT CONFERENCE ORDER OF COURT AND NOW, this 6th day of June 2013 upon consideration of Plaintiffs Motion For a Case Management Conference, a RULE is issued upon Defendants to show cause why the relief requested should not be granted. PLAINTIFF shall serve this Rule upon Defendant in accordance with the Pennsylvania Rules of Civil Procedure. RULE RETURNABLE twenty (20) days from the date of service by PLAINTIFF. BY THE COURT, Thomas A. Placey C.P.J. Distribution: ... David H. Rosenberg, Esq. ret john M. Sofilka, Esq. cc x rn ,„ Phomas Brenner, Esq. u) r s 0-01DCE4 P74§1 Atii C , ,rv\ a lia..E D—CF F`i C i;:: i TA E iilC1k��OTAR LlD 13 J'UN 19 AM C I ` 4 3 CUMBERLAND COUNTY PENNSYLVANIA HANDLER,HENNING&ROSENBERG,LLP David H Rosenberg(PA 20569) Matthew P. Rosenberg(PA 201485) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE SHELLENBERGER& JAMES SHELLENBERGER, Plaintiffs, CIVIL ACTION—LAW V. NO.: 2012—0643 COURTNEY ORBACH& CASE MANAGEMENT UNIT, Defendants. PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiffs Joyce and James Shellenberger ("Mr. & Mrs. Shellenberger") by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, file the within response to Defendants' Motion for Partial Summary Judgment. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, as a result of the motor vehicle collision, Mrs. Shellenberger suffered serious personal injuries, including, but not limited to, a left ankle sprain, a right ankle sprain, left knee contusions and abrasions, continued swelling and discoloration in her left knee, a medial meniscus tear and lateral meniscus tear in her left knee that required surgery, and pain in her back, neck, and shoulders. Additionally, Mrs. Shellenberger has suffered permanent serious disfigurement, specifically discoloration of, and surgical scars on, her left knee. 6. Admitted with clarification. Due to the serious impairment of a body function and permanent serious disfigurement suffered by Mrs. Shellenberger as a result of the collision, Mrs. Shellenberger is entitled to recover noneconomic damages as though she had retained full- tort rights. By way of further answer, see Plaintiffs' response to paragraph 5 above. 7. Admitted. By way of further answer, see Plaintiffs' responses to paragraphs 5 and 6 above. a 8. Admitted. By way of further answer, see Plaintiffs' responses to paragraphs 5 and 6 above. 9. Admitted with clarification. As a result of the motor vehicle collision, Mrs. Shellenberger has a sizeable patch of black and blue discoloration on the inside of her left knee, akin to a large, permanent hematoma. Attached hereto, made a part hereof, and marked Exhibit "A," are clean, full-size copies of the photographs submitted by Defendants of Mrs. Shellenberger's knee, which clearly show the disfiguration. 10. Admitted in part and denied in part. Plaintiffs admit that Mrs. Shellenberger has surgical scarring{on her left knee. Plaintiffs object, however, to the characterization of that scarring as "small." 2 11. Denied. Paragraph 11 requires no response. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 12. Denied. Paragraph 12 contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 13. Denied. Paragraph 13 contains conclusions of law to which no response is required. To the extent that a response is deemed to be required,the allegations of this paragraph are denied. 14. Denied. Paragraph 14 contains conclusions of law to which no response is required. To the extent that a response is deemed to be required,the allegations of this paragraph are denied. 15. Denied. Paragraph 15 contains conclusions of law to which no response is required. By way of further answer, but not in derogation of the foregoing, another word for "superficial laceration" is "scratch," which is what the plaintiff in Reiding-cr v. Linebaugh, 35 Pa.D.&C.4th 78 (Lancaster. Cnty. 1998), actually suffered. Id. at 86 (A 4cm superficial laceration that required no stitches.). Additionally, the thoracostomy incision was approximately four inches below the plaintiffs right armpit and not visible unless she was wearing "a bathing suit or low-cut tank top . . . ." Id. In the instant case, however, Mrs. Shellenberger's scarring and discoloration are openly visible on her knee, and she will be forced to wear pants to cover it, foregoing skirts, shorts, or dresses. See id. ("The plaintiff has not changed what she wears in order to hide either scar."). The facts of Reidinger are clearly distinguishable from the instant case. By way of further answer, see Plaintiffs' responses to paragraphs 5, 6, and 9 above. 16. Denied. To the contrary, as shown in the photograph attached as Defendants' 3 Exhibit B, Mrs. Shellenberger has permanent scarring and significant discoloration on her left knee as a result of the collision. By way of further answer, see Plaintiffs' responses to paragraphs 5, 6, and 9 above. 17. Denied By way of further answer, see Plaintiffs' responses to paragraphs 5, 6, 9, and 16 above. 18. Admitted in part and denied in part. Plaintiffs admit that Mrs. Shellenberger has tattoos on her left foot. Plaintiffs deny that this fact is in any way relevant to the instant lawsuit. 19. Admitted in part and denied in part. Plaintiffs admit that Mrs. Shellenberger has a tattoo on her right ankle. Plaintiffs deny that this fact is in any way relevant to the instant lawsuit. 20. Admitted in part and denied in part. Plaintiffs admit that Mrs. Shellenberger had a lap-band inserted by the Weight Loss Clinic in Harrisburg. Plaintiffs deny that this fact is in any way relevant to the instant lawsuit. 21. Denied. Preliminarily, Defendants' paragraph 21 contains an assertion made without any basis in fact or in the record. By way of further answer, any scarring resulting from such a procedure would affect Mrs. Shellenberger's torso and would not be visible unless Mrs. Shellenberger were walking about in a two-piece bathing suit. The scarring and significant discoloration of Mrs. Shellenberger's knee, however, are readily visible if she wears a skirt, shorts, or a dress. Further, any scarring from the lap-band procedure would be minimal, as such procedures are typically carried out by means of a"keyhole" incision. 22. Denied. Initially, the discoloration on Mrs. Shellenberger's knee is not bruising, inasmuch as bruises are temporary and the discoloration clears when the bruise has healed. Mrs. Shellenberger's discoloration, however, has not resolved and is permanent. The fact that Mrs. 4 Shellenberger has elected to get tattoos does not preclude her from objecting when her skin is permanently discolored as a result of injury. Nor does Mrs. Shellenberger's willingness to sustain a scar on a non-visible part of her body as a side-effect of cosmetic surgery waive her right to object to visible scarring as a result of surgery she should never have had to undergo in the first place. Defendants' allegations that Mrs. Shellenberger has surrendered control of her body simply by getting tattoos or cosmetic surgery are disingenuous and in reality showcase a personal distaste for Mrs. Shellenberger's lifestyle rather than any genuine legal argument. 23. Denied. Paragraph 23 contains conclusions of law to which no response is required. To the extent that a response is deemed to be required,the allegations of this paragraph are denied. WHEREFORE, Plaintiffs respectfully request that Defendants' Motion for Partial Summary Judgment be DENIED. Respectfully submitted, HANDLER,HENNING&ROSENBERG,LLP Dated: June i , 2013 By: _ a4�&Y David H Rosenberg A 20569) Matthew P. Rosen erg (PA 201485) 1300 Linglesto Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com mrosenberg @hhrlaw.com Attorneys for plaintiffs, James &Joyce Shellenberger 5 EXHIBIT A ., ,•rr tit ar r •S • t. � � ' t a z _. ,',., .�t`r=''^ ;i`;,�•.�' to�Mit`.t, .4 1 �4 Sti rte . u. y. yi z i Y a. 1 4 r( t•. • 4. 8 a z .e.�t 0 F F i C kE Thomas E. Brenner,Esquire kOF ThE PRO THOU TA lwi Attorney 1D No.32085 S.Baker Kensinger,Esquire 2013 JUN 24 PH 1: 14 Attorney ID No.208305 P.O.Box 0991 CUMBERUND COIMTY Harrisburg,PA 17112 PENNSYLVANIA (717)234-4161 A tiorneyfor Defendant Case Management Unit IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JOYCE & JAMES SHELLENBERGER, Plaintiffs CIVIL ACTION-LAW VS. DOCKET NO.: 2012-0643 COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendants DEFENDANTS' RESPONSE TO MOTION FOR A CASE MANAGEMENT CONFERENCE AND NOW come Defendants Courtney Orbach and Case Management Unit by and through their counsel, who respond to the Motion as follows: 1-5. Admitted. 6-10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. Defendants have filed a Motion for Partial Summary Judgment which may eliminate the need for the Case Management Conference requested. This Motion will be scheduled for Argument Court on August 9, 2013. (00648095;vl) WHEREFORE, Defendants request that Plaintiff's M' otion for a Case Management Conference be dismissed. G IOU L DJ ER TZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney#32085 S. Baker Kensinger, Esquire Attorney#208305 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 Attorneys for Defendant Case Management Unit Eager Sengel Quinn & S//oo�filka By: .� �GCC. John M. Sofilka, Es wire Attorney# 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Courtney Orbach {00648095;vl} CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: David H. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs John M. Sofilka, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Courtney Orbach GOLDBERG KATZMAN, P.C. B . Thomas B. Brenner; Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234.-.4161 Attorney for Defendant Case Management Unit Date ��r !j f 00648095;vl) � ti V PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE a " (entire caption must be stated in full) , 5 r- t-a r5 ,Jn Joyce Shellenberger and James Shellenberger vs. n �`.- Courtney Orbach & Case Management Unit , ; © No. 2012-0643 Term` 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Partial Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: David H. Rosenberg, Esquire, 1300 Linglestown Road, Suite 2 (Name and Address) Harrisburg, PA 17110 (b) for defendants: Thomas E. Brenner, Esq./S. Baker Kensinger, Esq. PO Box 6991, Harrisburg, PA 17112 (Name and Address) John M. Sofilka, Esquire, 1347 Fruitville Pike, Lancaster, PA 17601 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 9,2013 ignature 2 Print your name Defendant Case Management Unit Date: 06/21/2013 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued-new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. 12 as a3SO CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: David H. Rosenberg,Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs John M. Sofilka, Esquire 1347 Fruitville Pike Lancaster, PA 17601. Attorney for Defendant Courtney Orbach GOLDBERG I{ATZMAN, P.C. By: 00-4�' gm�e� Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Defendant Case Management Unit Date: {00648095;v1} ON 0 TA RY' CM9FRI-AND MUNTY PL11 !SYLVAfflA HANDLER,HENNING&ROSENBERG,LLP David H Rosenberg(PA 20569) Matthew P. Rosenberg(PA 201485) .1300 Linglestown Road, Suite 2 Harrisburg,PA 17110 Ph. 717.238,2000 Fax 717.233.3029 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JOYCE SHELLENBERGER& JAMES SHELLENBERGER, Plaintiffs, CIVIL ACTION—LAW V. NO.: 2012—0643 COURTNEY ORBACH& CASE MANAGEMENT UNIT, Defendants. PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiffs Joyce and James Shellenberger ("Mr. & Mrs. Shellenberger") by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, file the within Motion for Partial Summary Judgment, and in support thereof, aver as follows: 1. This action arises out of a motor vehicle collision that occurred on April 30, 2010, between vehicles operated by Mrs. Shellenberger and Defendant, Courtney Orbach, who was acting in the course and scope of her employment with Defendant, Case Management Unit. 2. At the time of the collision, Mrs. Shellenberger was insured under an automobile insurance policy with GEICO and she was covered under the limited-tort option. 3. As a result of the collision, Mrs. Shellenberger sustained serious injuries, including bilateral ankle sprains, left knee contusions and abrasions, medial and lateral meniscus tears in her left knee that required surgery, and continued pain in her back,neck, and shoulders. 4. These injuries, which required that Mrs. Shellenberger undergo surgery, resulted in permanent scarring and disfiguration. 5. Specifically, Mrs. Shellenberger's left knee has sustained multiple surgical scars and permanent, significant discoloration that resembles bruising. 6. This scarring and discoloration are readily visible on Mrs. Shellenberger's person when she wears skirts, shorts, or dresses. 7. Due to this significant scarring and discoloration, Mrs. Shellenberger filed suit against Defendants, alleging that she was entitled to recover noneconomic damages as though she had retained full tort rights,pursuant to 75 Pa.C.S. § 1705(d). 8. Pursuant to Motor Vehicle Financial Responsibility Law, "each person who is bound by the limited tort election shall be precluded from maintaining an action for any noneconomic loss . . ."unless the injury sustained is a serious injury. 75 Pa.C.S. § 1705(d). 9. "Serious injury" is defined as "[a] personal injury resulting in death, serious impairment of body function or permanent serious disfigurement." 75 Pa.C.S. § 1702 (emphasis added). 10. At the summary judgment stage; the threshold determination of whether a serious injury has been sustained is not to be made by a trial court judge, "but rather was to be left to a jury unless reasonable minds could not differ on the issue . . . ." Washington v. Baxter, 553 Pa. 434, 446-47, 719 A.2d 733, 740 (1998). 11. In the instant case, reasonable minds cannot differ as to whether Mrs. 2 Shellenberger sustained permanent serious disfigurement of her left knee as a result of the collision. 12. In a question of disfigurement under 75 Pa.C.S. § 1705(d), "the appearance of the plaintiff furnishes the best evidence of permanent and serious disfigurement." Dengler v. Marsh, 26 Pa.D.&C.5th 129, 143 (Lawrence Cnty. 2012) (discussing Walsh v. Phillips, 38 Pa.D.&C.4th 178 (Bucks Cnty. 1997)). 13. As a result of the motor vehicle collision, Mrs. Shellenberger has a sizeable patch of black and blue discoloration on the inside of her left knee, akin to a large, permanent hematoma. Attached hereto, made a part hereof, and marked Exhibit "A," are photographs of Mrs. Shellenberger's knee,taken on June 5,2013,approximately three years after the collision. 14. Mrs. Shellenberger's initial evaluation report from Cumberland Physical Therapy, dated November 15, 2010, documents the discoloration as bruising of approximately three inches by four inches (Y x 4"). A copy of the report is attached hereto, made a part hereof, and marked Exhibit"B." 15. On February 9, 2012, Dr. Bernard I. Zeliger of Conservative Orthopedics noted that the discoloration has remained unchanged for a long period of time, and he opined that the discoloration would remain permanently. A copy of Dr. Zeliger's report is attached hereto,made a part hereof, and marked Exhibit"C." 16. Additionally, Mrs. Shellenberger has two surgical scars on her left knee from the knee repair surgery that she underwent on October 25, 2010. 17. The discoloration and scarring are readily visible on Mrs. Shellenberger's person when she wears skirts, shorts, or dresses. 18. Mrs. Shellenberger continues to suffer significant pain in her left knee. The pain 3 is constant, varying only in degree. On bad days, she rates her pain at a full ten out of ten, on good days, two or three out of ten. Joyce Shellenberger Dep., July 18, 2012, 87:1-8. Copies of the pertinent pages of Mrs. Shellenberger's deposition transcript are attached hereto, made a part hereof, and marked Exhibit"D." 19. This constant pain limits Mrs. Shellenberger's activities, as she is only able to walk for an hour or two at a time. Ex. D at 75:11-17. 20. Mrs. Shellenberger has difficulty managing the stairs in her two-story home. As the primary homemaker, Mrs. Shellenberger used to do all of the household chores, but the knee impairment prevents her from doing any of her usual housework. Ex. B at p. 1. 21. Dr. Zeliger noted that Mrs. Shellenberger's knee improved post-operatively, but that "she never got completely better and continues to have left knee pain and it is worsening with time." Ex. C at p. 1. 22. Notes from Drayer Physical Therapy Institute, dated September 18, 2012, document Mrs. Shellenberger's continued knee pain, with difficulty kneeling, squatting, walking, and climbing stairs. Copies of the notes are attached hereto, made a part hereof, and marked Exhibit"E." 23. Prior to the collision, Mrs. Shellenberger enjoyed bowling and roller-skating. Subsequent to the collision, however, Mrs. Shellenberger cannot participate in these activities out of fear of worsening her injury. Ex. D at 26:17-27:4; 75:5-12; 79:17-23. 24. Due to the serious impairment of a body function and permanent serious disfigurement suffered by Mrs. Shellenberger as a result of the collision, Mrs. Shellenberger is entitled to recover noneconomic damages as though she had retained full-tort rights. 25. This case presents no genuine issues of material fact; and Plaintiffs are entitled to 4 judgment as a matter of law. WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant Plaintiffs' Motion for Summary Judgment and find that Mrs. Shellenberger is entitled to recover noneconomic damages as though she had retained full tort rights, pursuant to 75 Pa.C.S. § 1705(d). Respectfully submitted, HANDLER,HENNING&ROSENBERG,LLP Dated: June 2"', 2013 By: David Rosenberg (PA 20569) Ma ew P. Rosenberg (PA 201485) 13 0 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 rosenberg@hhrlaw.com mrosenberg @hhrlaw.com Attorneys for plaintiffs, James &Joyce Shellenberger 5 �a �n '10 pa L A x t,.; h 4 F` F M.. x; � t3 �" w w , p r ,` er P w ,m w. n a ry , 4n e e, z n n � u w v n r z a x ,i w »' x n. bw.• � w u { Ili I III I I ., �I ➢' r� ' ice' ry 6 r" 4 r r;ti, v 4 n; �la Now- I . . » x �m f 2 d «.\. \�{\ a� k � h � 5�w 3` " Ol ;H ,m CUMBERLAND PHYSICAL THERAPY Physical and Aquatic Therapy i I ' 0 6375 Mercury Dr. suite iMech.3 0 INITIAL EVALUATION Fax 717-591-3003 Clinic speciatties: Aquatic Therapy PATIENT NAME: Joyce Shellenberger. Orthopedic Rehabilitation McKenzie Certified DATE OF BIRTH: February 1964 I �' Sports Rehabilitation DIAGNOSIS: Status Post Left Knee Scope !tt Vestibular Rehabilitation EVALUATION DATE: November'15,2010 Lymphedema Management Wellness Program PHYSICIAN: Eric Kutz,DO ❑555 Gettysburg Pk. Suite G300 SUBJECTIVE: Patient reports onset of left knee pain status post motor vehicle accident Mech.17055 Ph 717-591.9001 in April of this year. Patient states she had arthroscopic surgery on October 250'in which i Fax 717-5919003 she states they repaired her meniscus,a hole in her cartilage,and some arthritis. Patient Clinic Specialties: was non-weightbearing for.2 weeks and returned to ambulation without assistive device r Orthopedic Rehabilitation approximately 1 week ago. She currently rates her pain at a 5110,states it increases with McKenzie Certified I j sports Rehabilitation weightbearing activity and decreases with taking over-the-counter pain medication. Patient i vestibular Rehabilitation states she is married with one child and lives in a 2-story home. Currently she has PeM Pain Treaeltrrr met difficulty managing the stairs to the 2"d floor of her home. She is the primary homemaker Incontinence Therapy for her family doing all household chores,which she currently states she is unable to j Wellness Program perform. She is employed full-time as a data entry technician and she currently has I returned to work. Her main complaints are pain and inability to tolerate her normal daily i I�1847 Center street activities. Her goals for therapy are to decrease pain and return to all activity without Camp Hill 17011 :;� �,'•' 1 Ph 717-901-3901 limitations. Fax 717-901-3902 Clinic specialties: PAST MEDICAL E ISTORY: .Insignificant. 1, Orthopedic Rehabilitation 21 i i .Sports Rehati�� MEDICATIONS: Listed in this patient's chart.. p�try Wellness Program, OBJECTIVE FINDINGS: 0 503 Bridge Street New Cumberland 17070 • Right knee active range of motion: 0— 115°with 5/5 strength for hip,knee,and Ph 717-695-2500 ankle. Fax 717-695-2550 ' Clinic Specialties: • Left knee active range of motion: extension-10°;passive range of motion-5°; i. flexion active range of motion 55°;passive range of motion 70°. Orthopedic Rehabilitation Fibromyalgia Management • (Left lower extremity)Strength: hip flexion 4/5,abduction and extension 4+/5, Vestibular Dysfunction Rehab knee flexion 4/5,knee extension 5/5. Wellness Program • Patellar mobility: decreased in all 4 directions. • Edema: moderate edema noted within patellar region. j • Functional mobility: patient is ambulating without assistive device with stiff knee pattern, including decreased heel strike to toe-off and decreased knee flexion and hip flexion upon swing. Cumberland Orthopedic and Spine Physical Therapy, 6375 Mercury Drive, Mechanicsburg, PA 17050 • i 11.IS.1..i�:� CUMBERLAND PHYSICAL THERAPY Physical and Aquatic Therapy ❑6375 Mercury Dr. Suite 100,Mech.17050 .PATIENT NAME: Joyce Shellenberger Ph 717-591-3000 Fax 717-591-3003 DATE OF BIRTH: February 26, 1964 ainic'spedaities., DIAGNOSIS: Status Post'LeftKnee Scope Aquatic Therapy . EVALUATION DATE: November 15,2010 Orthopedic Rehabilitation PHYSICIAN: Eric Kutz,DO McKenzie Certified Sports Rehabilitation Vestibular Rehabilitation Lymphedema Management .. Observations: medial and inferior patellar region have bruising noted Wellness Program approximately 3 inches x 4 inches. Patient states the bruising has been apparent O 555 Gettysburg M since post-WA in April of this year. Suite 0-300 Mech.17055 Ph 717-591-9001 PLAN OF CARE Fax 717-591-9003 Clinic Specialties: Orthopedic Rehabilitation ASSESSMENT: Patient presents with signs and symptoms consistent with referring McKenzie certified diagnosis. She would benefit from outpatient physical therapy services to address her pain, Sports Rehabilitation decreased range of motion,and decreased ability to tolerate functional activities. She was Vestibular Rehabilitation g � Mvofasdal Release educated in a home exercise program after initial evaluation and acknowledged an Pelvic Pain Treatrrmt understanding of that program as well as an understanding of all evaluation techniques and Incontinence Therapy Wellness Progr am P ossible treatment techniques. At this time she has an excellent rehabilitation potential. W1847 Center Street GOALS-SHORT/LONG TERM:(4 weeks) Camp Hill 17011 Ph 717-901-3901. 1. Patient to be independent with a home exercise program. Fax 717-901-3902 P P �• Urnicspedatties: 2• Patient to decrease pain with all daily activities to 1/10. Orthopedic Rehabilitation 3. Patient to increase active range of.motion of left knee to 0—115°. McKenzie certified 4. Patient to increase all lower extremity strength to 5/5. Sports Rehabilitation 5. 'Patient to tolerate ambulation without assistive device with normalized gait Wellness Program pattern.. O 503 Bridge Street TREATMENT PLAN: Active range of motion,passive range of motion,manual New Cumberland 17070 Ph 717-695-2500 treatment,modalities,therapeutic exercise,neuromuscular re-education,gait training, Fax 717-695-2550 elevation training,home exercise program. Clinic Specialties Orthopedic Rehabilitation FREQUENCY: ()QD ()BIW (X-)TIW DURATION: 4 weeks. Fibromyalgra Management Vestibular Dysfunction Rehab j Wellness Program REHABILITATION PROGNOSIS: Excellent. Therapist's Signature: Date: 1\46- kO Leigh CoW PT License#PT-020406 Cumberland Orthopedic and Spine Physical Therapy, 6375 Mercury Drive, Mechanicsburg, PA 17050 i 3 1 - CONSERVATIVE ORTHOPEDICS Bernard 1. Zeliger, D.O. 845 Sir Thomas Court, FACOS, FAOAO, FICS Harrisburg, PA 17109 February 9, 2012 Name of Patient: Joyce Shellenberger DOB: 2/16/1964 Followup Office Visit Joyce returns to the office today, February 9, 2012, at which time she reports increased pain and restricted motion of the cervical spine, pain throughout the left knee which is increasing. Joyce has been involved in three accidents. The first accident was on April 30, 2010, the second was on 7/8/2011 and the third accident was on November 4, 2011. Joyce injured her neck in the first accident and also her left knee and her back. We have pictures from the first accident of contusions and areas of swelling she had, but the major injuries were to her neck and left knee. As a result of the first accident she subsequently underwent surgery on her left knee by Dr. Kutz on October 25, 2010 for an osteochondral defect of the lateral femoral condyle of the left knee, a medial and lateral mensical tear. The report is on her chart. Postoperatively she improved, however, she never got completely better and continues to have left knee pain and it is worsening with time. She has difficulty walking, bending her knee and when standing for any period of time. Sitting in one position in the car causes her difficulty. When she gets out of the car she has difficulty walking and has increased pain and,swelling in her _ left knee. Insofar as her cervical spine is concerned we have the information from the first and second accident and following the third accident her condition in her neck has worsened significantly. She never recovered from the neck pain following the first accident, it was worsened by the second accident and became markedly worsened by the third accident. The last MRI of her cervical spine was performed on November 18,2011 and revealed significant bulges at C34, C4-5 and C5-6 as well as C6-7 and.a reversal of the cervical curve which has increased with time. Clinically she has difficulty bending her neck in all directions. Joyce tells me that as a result of the pain ano restricted motion in her cervical spine she has been getting massages in her neck treating with Jeff Ludwig, a Chiropractor, who I does manipulation of her cervical spine. She has only had two weeks of treatment and as of the first two weeks she has had no improvement.. She is also doing stretching t February 9, 2012 i j Name of Patient: Joyce Shellenberger DOB: 2/1611964 Followup Office Visit Page Two exercises of her cervical spine, however, that is not helping either. I am going to let her. conclude her treatment with the chiropractor as far as her neck is concerned and, if she does not show improvement over the next two weeks I will send her for cervical traction. Allergies, medications, past medical history, past surgical history, family history and :--......social-history-were-all-reviewed-and recorded on the chart as per the patient f ..) questionnaire. All other systems were reviewed and are as recorded on the chart. Any changes are as noted on the chart. The patient is pleasant, awake, alert and oriented X3 and in no acute distress. Respirations are within normal limits. Eyes exhibit normal tracking.,... There is no evidence of swelling. There are no rashes. Height, weight and pulse are as recorded on the chart. Radiographic studies and reports were.personally reviewed and the findings were j discussed with the patient. Examination at-this time reveals that the patient reports pain throughout the cervical _ spine. Flexion and extension are limited by approximately one third as is rotation to either'side. Side bending to either side approaches normal. She has marked palpatory tenderness throughout the cervical spine. Deep tendon reflexes of the upper extremities are +2 throughout (biceps,triceps and brachioradialis) and there is no weakness to grip or pinch.. Circulation and sensation of both upper extremities appears to be within normal limits. She has considerable palpatory tenderness on pressure to the back of her neck and to either side of her neck. The patient reports difficulty bending forward and backward because of pain,a{though the range of motion is as above, it is painful. I The patient continues to have palpatory tenderness throughout the low back, but the deep tendon reflexes of the lower extremities, Patellar and Achilles are+2 throughout. There is no weakness on dorsiflexion of her feet, no evidence of pathological toe signs or ankle clonus. She continues to have approximately 25% restriction in each direction due to pain in her back. All orthopedic tests result in some degree of pain in the low back and 75% of motion. -2- February 9, 2012 i Name of Patient: Joyce Shellenberger DOB: 2/16/1964 Followup Office Visit Page Three On flexion and extension of her left knee she gets patellofemoral friction rub and pain on palpation of the anterior knee, direct pain over the.patella and the infrapatellar tendon and lateral knee joint. All ligaments are intact and there is no evidence of any joint effusion. She continues to have evidence of the previous swelling that she has in her left knee. She continues to have pain over the right hip area —the.area.that was previously markedly swollen and black and blue and that area of discoloration remains unchanged over the right hip and left knee. I will recheck Joyce in two weeks to see how she is doing with the chiropractic treatment and a decision will be made for further care. In the meantime I will review her entire chart, do an outline and discuss it with the patient the next visit. If she has any problems in the meantime she will call. As I finished dictating this report today, the patient tells me she thinks that the areas of previous discoloration are remaining unchanged over a long period of time since the first accident and'she feels this will be permanent, and.t concur. I will ask the,patient to get new pictures of her legs with the areas of discoloration so I can put them in her chart. , Bernard 1 eliger, BIZ/kir -3- Shel Joyce 1 JOYCE & JAMES IN THE COURT OF COMMON PLEAS SHELLENBERGER, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS CIVIL ACTION - LAW V NO. : 2012-0643 COURTNEY ORBACH AND CASE MANAGEMENT UNIT, DEFENDANTS DEPOSITION OF: JOYCE SHELLENBERGER TAKEN BY: DEFENDANT CASE MANAGEMENT UNIT BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: JULY 18, 2012, 10:20 A.M. PLACE: HANDLER, HENNING & ROSENBERG, LLP 1300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: HANDLER, HENNING & ROSENBERG, LLP BY: DAVID H. ROSENBERG, ESQUIRE MATTHEW P. ROSENBERG, ESQUIRE FOR - PLAINTIFFS EAGER, STENGEL, QUINN & SOFILKA BY: JOHN M. SOFILKA, ESQUIRE FOR - DEFENDANT COURTNEY ORBACH GOLDBERG KATZMAN, P.C. BY: THOMAS E. BRENNER, ESQUIRE FOR - DEFENDANT CASE MANAGEMENT UNIT ALSO PRESENT: JAMES SHELLENBERGER JOSEPH CROWE 0 2 _._._._._WITNESSES--- - 2 NAME EXAMINATION 3 JOYCE SHELLENBERGER Shel Joyce 4 BY: MR. BRENNER 3,87 5 BY: MR. SOFILKA 79 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 3 1 STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that reading, signing, sealing, 4 certification and filing are hereby waived; and that all 5 objections except as to the form of the question are 6 reserved to the time of trial . 7 Shel Joyce 8 JOYCE SHELLENBERGER, called as a witness, being 9 duly sworn, testified as follows: 10 EXAMINATION 11 BY MR. BRENNER: 12 Q Could you state your name, please, for the 13 record? 14 A Joyce Ann Shellenberger. 15 Q All right. Joyce, my name is Tom Brenner. I 16 represent the interest of Case Management unit in the 17 amended lawsuit filed in Dauphin county, I think. 18 MR. DAVID ROSENBERG: It's Cumberland actually. 19 MR. BRENNER: All right. 20 MR. DAVID ROSENBERG: I don't know why, but it 21 was. 22 BY MR. BRENNER: 23 Q well , whatever. You've had the opportunity for 24 the last 15, 20 minutes to see a deposition in action, and 25 1 know you were attentively listening to the questions 0 4 1 asked by your counsel and observing the answers of the 2 witness, so you've got an idea what the process is here 3 today, okay? 4 A Yes. 5 Q Have you ever given a deposition before? 6 A No. 7 Q Okay. It's questions and answers. if I ask you 8 something that you don't know, tell me that. 9 A okay. don't want you to guess,- so-if you have some 11 recollection but it's fuzzy or you're not sure, tell us 12 that so we know that when the answer is being recorded that Shel Joyce 13 think it was the end of 2008. 14 Q Okay. who -- who was your physician for that? 15 A It's the weight Loss clinic in Harrisburg. 16 Q Okay. Over in the union Deposit area? 17 A Yes. 18 Q Okay. 19 A And I don't remember -- 20 Q were you doing any follow-ups with that office as 21 a result of the procedure? 22 A That was a non -- no, an as-needed basis. 23 Q okay. 24 A so no. 25 Q Any other physicians other than Dr. Tocks for 0 26 1 family-related things that you were regularly -- 2 A Just my gynecologist, yes. 3 Q No particular problems that you were having at 4 that time? 5 A No. 6 Q Now, the gallbladder is later in the year. were 7 you having problems with your gallbladder before the 8 accident? 9 A No, I woke up one morning in pain, and I called 10 my husband. I said I got to go to the hospital . He was at 11 work. I was in severe cramping pain. My mom lives right 12 down the road from me. She came, picked me up, took me to 13 the hospital , and they admitted me for gallbladder. I had 14 no idea what was wrong with me. 15 Q It just came on? 16 A It just came on. Shel Joyce 17 Q okay. Prior to the accident, April of 2010, 18 recreational activities, things that you did or you and 19 your husband did together? 20 A we'd go bowling. we'd go roller-skating. we 21 just played cards with friends, stuff like that. 22 Q okay. Bowling, just recreational -- 23 A Yes. 24 Q -- as opposed to a league or anything like that? 25 A Never been in a league. 0 27 1 Q Okay. skating again -- 2 A Recreational . 3 Q -- was it organized or recreational? 4 A Yeah, more with the kids than anything. 5 Q You mentioned cards with friends. some people 6 are like in card clubs, things like that. 7 A No. we just play cards on Saturday nights. 8 Q Get together with some friends? 9 A Yes. 10 Q Active in any social groups, community groups, 11 anything at all? 12 A At that time, no. 13 Q okay. Now, you mentioned you were involved with 14 the chamber of commerce to advertise? 15 A I am now. 16 Q Now? 17 A Yes. I was not prior to the accident. 18 Q okay. How about church groups, anything like 19 - that? 20 A No. __ 21 Q You' re not a member of any health clubs, the Y, _ shel Boyce 22 anything like that? 23 A I do belong to the Y now. I was not prior to the 24 accident. 25 Q okay. were you on any medications April 30th of 0 28 1 2010? 2 A NO. 3 Q All right. within six hours of the accident 4 had you had anything to eat or drink or medications that 5 you consumed that might have affected your ability to 6 drive? 7 A No. 8 Q okay. Do you remember the time of day? 9 A It was around -- I thought it was 5:00. 10 Q okay. 11 A she might be right. 12 Q All right. where were you going? 13 A Home. 14 Q where had you been? 15 A Harrisburg. 16 Q okay. what had you been doing? 17 A I was -- I am a notary. I had done a -- went and 18 notarized some papers for somebody. 19 Q were you familiar with the area where the 20 accident occurred? 21 A Yes. 22 Q okay. I remembered we had that drawing earlier. 23 Is it still handy there? we marked it as Exhibit 1 I think 24� to Ms. orbach's deposition, and-I think you were 25 identified -- Dave, I think she was unit 2, if I recall 0 shel 3oyce 13 Q You' re juggling three jobs at this point. How 14 about -- is there free time that you have to do either 15 recreational or you and your husband have time to do things 16 together? 17 A weekends. 18 Q Okay. And what do you do on the weekends? 19 A Basically go out to dinner and go play cards. 20 Q okay. You' re a travel agent. I always love to 21 ask travel agents these kind of questions. Have you 22 traveled at all in 2012? 23 A Yes. 24 Q where did you go? 25 A I went to Disney world and I went to -- on a 0 75 1 cruise to the Bahamas, and they were both travel related -- 2 or business-related training. 3 Q okay. Lawyers don't have jobs like that. we 4 don't get travel cruises. Dave does maybe, but I know I 5 don't. 6 All right. in terms of -- how long were you at 7 Disney world? 8 A Five days, but actually in the park -- 9 Q Yeah. 10 A -- two. 11 Q okay. And in terms of walking around and seeing 12 the things they want to show you work related, were you 13 able to do all that? 14 A I can walk for an hour or two at a time, and then 15 I have to take a break. 16 Q okay. shel 7o ce 17 A I can't be on my legs. 18 Q were you able to do what you needed to do for 19 your business while you were in Disney? 20 A Yes. 21 Q And the cruise, the same thing in terms of 22 participating in a cruise, were you able to see and partake 23 of what they were trying to show you? 24 A Correct. 25 Q Okay. How long was the cruise? a 76 1 A Four -- four full days. 2 Q Okay. were you able to take Jim along at all? 3 A Yes. 4 Q Good. All right. That's 2012. Let's go back to 5 2011. How about were there any trips in 2011? 6 A we did a seven-day cruise to Bermuda. 7 Q oh. was that business again or pleasure? 8 A That was pleasure. 9 Q All right. And able to do whatever you wanted to 10 do on that cruise okay? 11 A Yes. 12 Q Anyplace else in 2011 other than that cruise? 13 A Not that I can remember. 14 Q Okay. I know you live in Camp Hill . Do you 15 regularly like vacation like over in the local shore points 16 or the mountains or anything of that sort? 17 A Not typically. we took a three-night weekend 18 last week to the Pennsylvania Grand Canyon and drove there, 19 --- -but we're not beach people. - - - -- - - - 20 Q Now, I know 2010 with the accidents, et cetera, 21 and the gallbladder surqerv, did you make any trips at all shel Joyce 22 that you recall in 2010? 23 A No. 24 Q some people after they've been in an accident or 25 in your situation accidents with an s keep a diary or a log 0 77 1 or something of day to day how they're feeling, when my 2 appointments are, things of that sort. Did you keep any 3 type of writing, whether handwriting or computer-generated 4 log or document that would show what your treatment was or 5 how you were feeling particularly in 2010? 6 A I did have it in my schedule, but since i sync'd 7 up my schedule and my phone, all the appointments went 8 away. 9 Q Okay. You have no writings then that show, you 10 know, either appointment schedules or observations that you 11 made from 2010 or thereafter? 12 A No. 13 Q Are you a Facebook user? 14 A Yes, for business. 15 Q okay. There's a whole bunch of other ones out -� �- -16 there now, Twitter, ya-da, ya-da, ya-da. -- 17 A Linkedin. 18 Q Linkedin? 19 A For business. 20 Q so you are both a Linkedin and Facebook user? 21 A Correct. 22 Q Both for business purposes? 23 A Correct. I use Facebook on an occasion for 24 personal , but it's more to post travel specials. 25 Q And Linkedin is really just for business? Shel Joyce 78 1 A Linkedin is for business. 2 Q Any other Twitter or any of that electronic media 3 stuff? 4 A No. 5 Q There was reference to you getting a job or 6 seeking a job at about the time of the third accident 7 with a group called Accurate. Does that mean anything to 8 you? 9 A Oh, Accurate search and settlement. I was there 10 for approximately four weeks. 11 Q when did you start with them? 12 A I don't recall . It's in the records. 13 Q Okay. Doing like settlement-related documents 14 and notarization? 15 A Data entry. 16 Q Data entry. okay. You say four weeks. why did 17 you stop? 18 A Maybe. 19 Q okay. 20 A They left me go, lack of work. 21 Q okay. 22 A There literally was nothing to do. 23 Q okay. Nothing to do with the accident? 24 A No. 25 Q All right. But just a matter of them -- 0 79 - 1 A No. 2 Q -- saying we don't have anymore work for you? 3 A Correct. Shel Joyce 4 Q were you able to collect unemployment 5 compensation for being with them for a short period of 6 time? 7 A No. 8 Q And I had a date on that towards the end of 2010. 9 Does that sound? 10 A Correct. 11 MR. BRENNER: That's all the questions I have, 12 ma'am. Thank you. Jack may have a couple questions for 13 you. 14 BY MR. SOFILKA: 15 Q Yeah, I just have a few follow-ups. 16 A Okay. 17 Q You testified that bowling and roller-skating was 18 something you did prior to the accident? 19 A Correct. 20 Q Have you tried to do them at all since the 21 accident? 22 A No. I'm afraid of falling on the roller skates 23 with the knee. 24 Q okay. And you've testified that you did --"- _ -- 25 roller-skating basically with the kids? 0 80 1 A Correct. 2 Q who are now grown? 3 A well , I did it with our kids. 4 Q Okay. 5 A Yes. 6 Q Did you ever do it with your husband alone? 7 A No. we were always the five of us. Shel Joyce 4 nature to Dr. Kutz? 5 A I don't recall saying it's worsened. It never 6 got better to begin with. 7 Q okay. And then you had microfracture surgery, 8 correct? 9 A I don't know exactly what I had. I know he 10 repaired a meniscus. 11 MR. SOFILKA: Off the record. 12 (Discussion held off the record.) 13 BY MR. SOFILKA: 14 Q And again Dr. zeliger's notes in November of 15 2010, November 11th, 2010, talks about an accident in May 16 of 2010? 17 A May? May, no. 18 Q That's why I'm asking you. okay. So that's a 19 mistake? 20 A Yeah. 21 Q okay. 22 A I know at one point Dr. zeliger had the dates 23 wrong. 24 Q okay. 25 A And he later corrected them. 0 87 1 Q on a scale of zero to ten how would you rate your 2 pain on -- you said the pain in the knee is constant? 3 A Right. 4 Q Good days, bad days? 5 A Bad days ten. Good days two or three. 6 Q okay. when it's at ten are you able to move 7 around without the use of any crutches or anything? Shel Joyce 8 A Yes. 9 MR. SOFILKA: okay. I have nothing further. 10 BY MR. BRENNER: 11 Q Just one or two loose ends I picked up when I was 12 looking through the notes. Do you presently have a dog? 13 A I did have a dog. 14 Q when did you last have a dog? 15 A The end of March. 16 Q okay. who -- if the dog was walked who would 17 walk the dog typically? 18 A The dog wasn't walked. she was left out in the 19 backyard to go. 20 Q Free ranging? 21 A we had a fenced yard, yes. 22 MR. BRENNER: Okay. That's all the questions I 23 have. Thank you. 24 (The deposition was concluded at 11:53 a.m.) 25 0 88 1 COUNTY OF DAUPHIN 2 SS 3 COMMONWEALTH OF PENNSYLVANIA I, Diane F. Foltz, a Notary Public, authorized to 5 administer oaths within and for the Commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of Joyce shellenberger. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 10 and answers were taken down stenographically by the said 11 Reporter-Notary Public, and afterwards reduced to 12 typewriting under the direction of the said Reporter. x Shel Joyce 13 I further certify the said deposition was taken at 14 the time and place specified in the caption sheet hereof. 15 I further certify I am not a relative or employee or 16 attorney or counsel to any of the parties, or a relative or 17 employee of such attorney or counsel , or financially 18 interested directly or indirectly in this action. 19 I further certify that the said deposition 20 constitutes a true record of the testimony given by the 21 said witness. 22 IN WITNESS WHEREOF, I have hereunto set my hand 23 this 26th day of July, 2012. 24 25 Diane F. Foltz, RMR Notary Public f FED.I.D.#75-3050291 DRAYER PHYSICAL THERAPY INSTITUTE Evaluation `Tiirle"Based Modaltt(es Direck Contact Required Other Proceduresl5upplles Description CPT UNITS JE-&im scription CPT UNITS 59 Description CPT UNITS 59 Initial Evaluation-PT o 97001 rasound(ea.15 min) 97035. TENS instruction 64550 Re-evaluation-PT 97002 tophoresis(ea.15 min) 97033 Orthotic Mgmt Training(ea.15 min) 97760 Initial Evaluation-OT 97003 Attended(ea.15 min) 97032 Orthotic Checkout(ea.15 min) 97762 Re-evaluation-OT 97004 ervice Based Pir duresiModiII1 s•Direct contact N6t Required Prosthetic Training(ea.15 min) 97761 Physical Performance Test/Meas 97750 Hot/ d Pa 97010 Work Conditioning(1st 2 hours) 97545 (F.C.E.Functional Drills-ea.15 min) Mechanics-Traction 97012 Work Conditioning(each,add.hr.) 97546 E-Stim Unattended 97014 Electrodes(per pair) A4556 Tine Based Procedures.Direct 0 'tact'Reguired Vasopneumatic 97016 Splint: Therapeutic Activities(ea.15 min) 97530 Paraffin Bath 9701$ Supplies: Therapeutic Procedures(ea.15 min) 97110 Whidpool/Flufdotherapy 97022 Neuromuscular Reed(ea.15 min) 97112 Infrared 97026 Tracking -Medicare Nan-Iftdicaro Manual Therapy(ea.15 min) 97140 Group Therapy 97150 Time In Gait Training(ea.15 min) 97116 Biofeedback 90901 Time Out Massage(ea.15 min) 97124 Canalith Repositioning 95992 Total Treatment Time Aquatic Therapy(ea.15 min) 97113 Wound.Care Totai Service Based Time Self Care/Home Management 97535 Wound-Selective(1s120 sq.cm) 97597 Total Time Based Time Community/Work Reintegration 97537 Wound-Selective(ea,add.20 sq.cm) 97598 Total Time Based Units Cognitive Skiilsrrraining 97532 Wound-Non Selective 97602 Total Units(SB+TB) IM071 + • • s Cx NS R/S Date Reason: 1 i • • Subjective: Patient's perceived changes/progress toward functional goals: Patient's chief complaint: 44, J Other: Objective: Please refer to this patient's flow sheet for details specific to the procedures/modalities and specific exercises utilized during today's treatment. Treatment progression: ROM: STRENGTH: GIRTH: Other(Function,Special Tests,Sensation): Assessment: Patient's progress towards functional STG/LTG: Plan: Progress/modify current treatment plan Achieve by next visit/week Brlef Re-eval/Progress Report next visit D/C patient Other: Total#visits i Therapist Signature License# _. DATE :.GUAFtA OR AM _AND ADDRESS '.;,: `; PATiENT'NO, z- :D4CT4R N0.. James Shellenberger 0001520 SheilenbergerJoyce 00257 09-18-12 i 51 Fairway 1]r. DATE'OF " ''TECEPHOtVE' IN5t1RANGE i Camp Hill PA 17011 BIRT�I Nb: , `.CODE ,, ..DESGRlPTlQN,'.; ;CERTIFICATE 0012927 Patient Bal 0.00 02-26-64 (717)732-7979 00004 /No Anticipated atient Responsibility CoPay/Coins st-5200391 519/11 Laser JOB#373451-00 F.O.#143322 f AgIaRAYEJ Pit ysicalTherapyInstitute PLAN OF CARE CERTIFIC,,. i.•�rmx,nc u„r a=Gaad rtraldi. Patient Name: Date of Eval: 9..-/S-rc Date of Birth: a2 - Sex: o Male up-Vemale Date of Onset: Cdr-ez - Diagnosis:ROB Z Date of Surgery: !I J 2v Surgical Procedure: Referring Physician: Cert Period Effective Date:j -•r8-42 Thr gh: G_i ? ASSESSMENT .:,:.. Patient Presents with Signs and Symptoms Consistent with the Following Therapy Diagnosis(es): (A) XG.e..t r��+'/� (B) (C) ,(D) Cii icai Assessment: 4U, ° �° lt�•(e e Problem List: Pirl n trvrecreased Range of Motion ei:recreased Function o Decreased Postural/Ergonomic Awareness o Swelling = 4-15e�reas'ed Flexibility 01:5-11,Dysfunction a Balance Dysfunction/Fall Risk creased Strength o Joint Hypermobility/Hypomobil ty o Other: Comorbidity(ies)that May'Impact Rate of Recovery. Rehabilitation Potential: o Excellent ood o Fair o Other: Specific Functional MeasurementjActivity Long Term Functional Goals: Targeted Performance Weeks IF i i Functional Tool/Score: A'� 0%oisabiltty Function Score: ! o%Disability a Function Functional Tool/Score: 0%Disability o%Function Score: o%Disability o%Function / oav �� *� nctional Activities euromuscular Reeducation s nual Therapy IS'Electrical Stimulation 9-6t/Cold Pack a''..rrengthening o Assistive Device Fitting/Training o Spine Stabilization -eKasopneurnatic 0 Paraff in a4AA/PROM 0 Refer for Assistive Device o McKenzie Assessment 0 lontophoresis o Infrared o Endurance Training D45$11:training o Wound Care 0 Whirlpool/Fluldotherapy Wiping o Posture 0 0 hotic Fitting/Training o Aquatic Therapy o Ultt sound/Phonophoresis o Mechanical Traction �xlbliity allow-Up with Physician prn Regarding Patient's Pain ;;lent Education/Home Exercise Program caki Cher Objective/Functional Testing per Physician Protocol and/or Therapist Discretion o Other: o Other: Treatment Frequency of: _times per week Treatment Duration of: weeks Comments: ON,;.; 3 I havefully discussed the above treatmentplan and a edout es hthepotknt.Hel3he is aware of the diagnosis andprognosts andhos voluntarily agreed to participate In physicalandfar occupational therapy services as ( applicable.Thankyoufor this refurull Therapist's Signature: License#: /?77/1661d� Date:Mr Printed Therapist's Nam k"/`-•' Certification: t hereby certo that rehabilitationservkes arc y necessaryfor the above mentionedpatient.I also understand that mysigneture signifies agreement with the lnitiolPkn ofCart,hutluding the estimated frequency and duration,os is hed tk#41censed therapist and this rnrtial Plan of Core supersedes the instructions outlined on the Prescription that taRlatedtehabilitatton services. Physician's Comments: Physician's Signature: . Date: Printed Physician's Name: a& r z Camp Hill Center 3399 Trindle Road + Floor 2 9 Camp Hill,PA 17011 0 PHONE;717-920-2620 + FAX:717-920-2621 Ai&DRAYEK INITIAL EVALUATION AND PLAN OF CARE Physical Therapy Institute Leading Ilse My la Ox)d 11valf/t. Lower Quarter/Lumbar Patient Name: Date of Birth: Date.fEval: Diagnosis:_ eli� 1� lcf�xez TI1 o Right Rfeft 'bBilaterai Objective Time Objective Time Measurements Long Term Goals Measurements Long Term Goals Current Status Frame Current-Status Frame {Choose all that apply) (LTG's) (Choose all that apply) (LTG's) (*Denotes Pain) (*Denotes Pain) ROM Lumbar,' e Weeks Flexion Abdominals Extension Extenso rs Sidebending/Glide Strength R 'L Weeks Rotation Flexion (1.2) At Time Extension 4 -�0urre,ntpRdm`..- LTG�t ' 6iiren t'AROM ROM—Hip - R It,• Wedkir. Abduction Flexion Adduction Extension internal Rotation Abduction External Rotation Adduction .: L: 7777 Weeks Internal Rotation Flexion External Rotation Extension (1.3) 6- ehOh Ank1b.i.*.*,,!; ROM knee! Flexion 3tt Weeks] ;25 DorsMexion (1.4) Extension Plantarflexion (Si} �AOMAhkle, r" inversion Dorsiflexion Eversion Plantarflexion Great Toe Ext.(LS} Inversion Weeks Eversion Fiexlbili .Wkil i.. Hip Flexors Patellar Tendon Hamstrings I Achilles ................ Quadriceps . L, Weeks IT Band/TFL 4 Sciatic/SLR PIrIformIs Slump Gastrocnemius Fjcrn), L(6m). (cm') L(cm)- Weeks Soleus Worst:/d/10 worst. 1/10 -/10 Best: 02/10 Best: 'HEP:. HR: SP: JG- Weeks Observation/. Poiture Iinlsoe dIb n, Patt Palpatio, A�, 04Z144 A JoInt'Mob FunctionAlTbits'::l.-- Gait Deviation:L Wt Bearing StatOt • ❑Full o Partial o%Weight Bearing a Non Weight Bearing oFull oPartial 0%Weight Bearing oNon Weight Bearing Ass!s1hle Walllr!$. o Distance: ulturatlon ci Distance:_c;oV&ratIon: /6 rL Ascending oReciprocal drftep to oRalling %2r#stairs I-C' OPain o Unable ❑Reciprocal o Step to oRalling 74 stairs7o— eflo pain X Descending Stairs!"., ofleciprocal tep to oRalling df stairs -4—fX Pain 0 Unable olleciprocal o Step to oRalling #stairs ;iTo—paln Othery SEP j 2 4 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE SHELLENBERGER& JAMES SHELLENBERGER, Plaintiffs, CIVIL ACTION—LAW V. NO.: 2012—0643 COURTNEY ORBACH & CASE MANAGEMENT UNIT, Defendants. CERTIFICATE OF SERVICE On the 26th day of June, 2013, I hereby certify that a true and correct copy of Plaintiffs' Motion for Partial Summary Judgment was served upon the following by depositing in U.S. Mail; Thomas E. Brenner, Esq. Goldberg Katzman P.O. Box 6991 Harrisburg, PA 17112-0900 John M. Sofilka, Esq. Eager, Spinello, Quinn& Stengel 1347 Fruitville Pike Lancaster, PA 17601 HANDLER,HENNING & ROSENBERG, LLP By:_ /X/�,/ Dav' H Rosenberg Thomas E.Brenner,Esquire Attorney ID No.32085 200 13 S. 4 S.Baker Kensinger,Esquire Attorney ID No.208305 P.O.Box 6991 CUti ERLAND CO TY Harrisburg,PA 17112 PEW4SYLVANIA (717)234-4161 Attorney for Defendant Case Management Unit IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE & JAMES SHELLENBERGER, Plaintiffs CIVIL ACTION-LAW Vs. DOCKET NO.: 2012-0643 COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendants DEFENDANT CASE MANAGEMENT UNIT'S RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND NOW comes Defendant Case Management Unit ("CMU"), by and through their attorneys Goldberg Katzman, P.C., who responds to Plaintiffs' Motion for Partial Summary Judgment as follows: 1. Admitted in part and denied in part. It is admitted that this action arises out of a motor vehicle collision which occurred on April 30, 2010 between vehicles operated by Mrs. Shellenberger and Courtney Orbach. The remainder of this paragraph is denied as a legal conclusion to which no response is required. 2. Admitted upon information and belief. 3. Admitted in part and denied in part. While it is admitted that Mrs. Shellenberger sustained some injury as a result of the collision, it is denied that such injuries were serious. 4. Denied. While it is admitted that Mrs. Shellenberger underwent surgery subsequent to April 30, 2010, it is denied that the injuries caused by the April 30, 2010 accident {00653004;vl} required Mrs. Shellenberger to undergo said surgeries. It is further denied that Mrs. Shellenberger's injuries sustained as the result of the April 30, 2010 accident resulted in permanent scarring and/or disfiguration. By way of further answer, Mrs. Shellenberger was involved in several subsequent motor vehicle accidents, one on July 8, 2010, and one in November of 2010, which caused injury, or exacerbated the existing injuries. See selected pages from the Deposition Transcript of Joyce Shellenberger, attached hereto as Exhibit"A," at pp. 53, 63. 5. Admitted in part and denied in part. It is admitted that Mrs. Shellenberger's left knee has sustained multiple surgical scars. It is denied that Mrs. Shellenberger has experienced a "permanent, significant discoloration that resembled bruising" and strict proof thereof is demanded at trial. By way of further answer, it is denied that the scars or discoloration were caused by the April 30, 2010 accident. 6. Denied. After reasonable investigation, CMU is unable determine whether the scarring and/or discoloration is "readily visible on Mrs. Shellenberger's person when she wears skirts, shorts or a dress." As such, the averments of this paragraph are denied. 7. Admitted in part and denied in part. It is admitted that Mrs. Shellenberger has filed a suit against the Defendants alleging that she was entitled to recover non-economic damages pursuant to 75 Pa.C.S. §1705(d). It is denied that Mrs. Shellenberger has experienced significant scarring and/or discoloration. It is further denied that any scarring and/or discoloration experienced by Mrs. Shellenberger was caused by the April 30, 2010 accident. 8. It is admitted that this paragraph accurately quotes the statute cited therein. 9. It is admitted that this paragraph accurately quotes the statute cited therein. 10. It is admitted that this paragraph accurately quotes the case cited therein. 100653004;vII 11. Denied. It is denied that Mrs. Shellenberger sustained permanent, serious disfigurement on her left knee as a result of the collision. By way of further answer, reasonable minds could not differ on the issue that Mrs. Shellenberger did not sustain permanent, serious disfigurement, as outlined in Defendants' Motion for Partial Summary Judgment and the documents attached thereto, which are incorporated by reference as if fully set forth herein. 12. It is admitted that this paragraph accurately quotes the case law cited therein. 13. Denied. It is expressly denied that the motor vehicle accident which occurred on April 30, 2010 caused "a sizeable patch of black and blue discoloration inside of [Mrs. Shellenberger's] left knee, akin to a large, permanent hematoma." By way of further answer, it is denied that the photographs attached to Plaintiffs' Motion as Exhibit A are photographs of Mrs. Shellenberger's knee taken on June 5, 2013 as, without any supporting documentation, CMU is without the necessary knowledge or information from which to form a belief as to the truth of the assertion. By way of further answer, the photos alone are not self-authenticating and, as such, cannot be utilized as competent evidence in support of summary judgment. 14. Admitted in part and denied in part. It is admitted that a document dated November 15, 2010 is attached to Plaintiffs' Motion. The remainder of this paragraph is denied as Defendants are without sufficient knowledge or information from which to form belief as to the truth of the matter asserted. By way of further answer, the document alone is not self- authenticating and, as such, cannot be utilized as competent evidence in support of summary judgment. 15. Admitted in part and denied in part. It is admitted that a document dated February 9, 2012 is attached to Plaintiffs' Motion. The remainder of this paragraph is denied as CMU is without sufficient knowledge or information from which to form belief as to the truth of the {00653004;v1} i matter asserted. By way of further answer, the document alone is not self-authenticating and, as such, cannot be utilized as competent evidence in support of summary judgment. 16. Admitted upon information and belief. 17. Denied. CMU is without sufficient knowledge or information from which to form a basis as to the truth of the matter asserted. 18. Admitted in part and denied in part. It is admitted that the deposition transcripts listed are accurately cited. However, with regard to the underlying factual assertions contained therein, CMU is without sufficient knowledge or information from which to form a basis as to the truth of the matter asserted. 19. Admitted in part and denied in part. It is admitted that the deposition transcripts listed are accurately cited. However, with regard to the underlying factual assertions contained therein, CMU is without sufficient knowledge or information from which to form a basis as to the truth of the matter asserted. 20. Admitted in part and denied in part. It is admitted that the Initial Evaluation listed is accurately cited. However, with regard to the underlying factual assertions contained therein, CMU is without sufficient knowledge or information from which to form a basis as to the truth of the matter asserted. By way of further answer, it is believed and therefore averred that the Initial Evaluation merely contains a recitation of the Plaintiff's reports to the physician. 21. Denied. While Exhibit C is accurately quoted in this paragraph, the document attached as Exhibit'C is unsubstantiated and cannot be used as evidentiary support for a Motion for Summary Judgment. 22. Admitted in part and denied in part. It is admitted that a document dated September 18, 2012 is attached to Plaintiffs' Motion. The remainder of this paragraph is denied {00653004;v1} as CMU is without sufficient knowledge or information from which to form belief as to the truth of the matter asserted. By way of further answer, the document attached as Exhibit E, alone, is not self-authenticating and, as such, cannot be utilized as competent evidence in support of summary judgment. 23. Admitted in part and denied in part. It is admitted that the deposition transcripts listed are accurately cited. However, with regard to the underlying factual assertions contained therein, CMU is without sufficient knowledge or information from which to form a basis as to the truth of the matter asserted. 24. Denied as a legal conclusion to which no response is required. To extent that an answer is deemed necessary, it is denied that Mrs. Shellenberger has experienced a serious impairment of a body function and/or permanent serious disfigurement as a result of the April 30,. 2010 collision. It is further denied that Mrs. Shellenberger is entitled to recover non-economic damages, 25. Admitted in part and denied in part. It is admitted that this case presents no genuine issues of material fact as outlined in Defendants' Motion for Summary Judgment which is incorporated by reference as if fully set forth herein. It is denied that Plaintiffs are entitled to judgment as a matter of law. By way of further answer, and as outlined in Defendants' Motion for Partial Summary Judgment, which is incorporated by reference as if fully set forth herein, Defendants are entitled to judgment as a matter of law as to Plaintiffs' claim for non-economic damages. {006 5 3 004;v I I WHEREFORE, CMU respectfully requests that this Honorable Court deny Plaintiffs' Motion for Summary Judgment. POEMERG ZMAN,P.C. By: -Tffo--m--as E.Brenner, Esquire Attorney#32085 S. Baker Kensinger, Esquire Attorney#208305 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 Attorneys for Defendant Case Management Unit Dated: July&, 2013 {00653004;vl} i r I 53 1 Q And then you told us earlier that you worked at 2 Marshalls through the time of your knee surgery which you 3 thought was October or November of 2010? 4 A Correct. 5 Q Okay. There' s reference in the medical records 6 to you being in a second motor vehicle accident sometime 7 around July the 8th. 8 A On my way home from Dr. Zeliger I was 9 rear-ended -- 10 Q All right. 11 A -- in a different vehicle. 12 Q Okay. From April -- 13 MR. SOFILKA: I 'm sorry. What was that answer? 14 THE WITNESS: In a different vehicle. 15 BY MR. BRENNER: 16 Q And just to be clear on this, from April 30th 17 until July 8th had you been in any other motor vehicle 18 accidents during that time? 19 A No. 20 Q Any other injury-creating events during that 21 time? 22 A No. 23 Q Had the gallbladder surgery occurred during that 24 time, or was it later? 25 A I think it was later. 63 1 A Out of court. 2 Q Out of court. Moving forward, have you been in 3 another accident since July of 2010? 4 A Yes. 5 Q Okay. When was that? 6 A November. 7 Q Of 2010? 8 A Yes. 9 Q Okay. Was it before or after the scope? 10 A After. 11 Q Okay. Tell me about that accident. 12 A It happened in New Jersey. We were stopped. I 13 was stopped waiting to pull out into traffic from a hotel 14 parking lot when she rear-ended me. 15 Q So you were in a hotel parking lot. A car behind 16 you came up and rear-ended you as you' re -- . 17 A We were all stopped. 18 Q So a line of cars? 19 A I started to go but another -- a car was coming, 20 so I stopped. She didn' t . 21 Q Okay. What type of vehicle were you in? 22 A Oldsmobile. Or no. I 'm sorry. Buick LaCrosse. 23 Q Okay. Who was with you in that vehicle? 24 A My husband. 25 Q Okay. Was the vehicle damaged? CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: David H. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs John M. Sofilka, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Courtney Orbach GOLDBERG KATZMAN, P.C. By. Thomas renner, Esquire Attorney ID No. 32085 P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Defendant Case Management Unit Date: July 2013 {00653004;vl) PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) r , -------------------------------------------------------------------------------------------------- fi CAPTION OF CASE y (entire caption must be stated in full) =M r- ;I-4;=- =;n � -0 rz5 Joyce Shellenberger & James Shellenberger vs. ,, CD CD -I. C Courtney Orbach & Case Management Unit _ rya r= No. 2012-0643 'Termer` ;7- 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs'Motion for Parlia(Summery Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: David H Rosenberg, Esq. (Name and Address) 1300 Linglestown Rd, Suite 2, Harrisburg, PA 17110 (b) for defendants: Thomas E. Brenner, Esq., S. Baker Kensinger, Esq., PO Box 6991, Harrisburg, PA 17112 (Name and Address) John M. Solifka, Esq., 1347 Fruitville Pike, Lancaster, PA 17601 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 27,2013 X Signature ov Print your na e Plainti Attorney for Date:: 7" -51 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. OMI X19 -75pd a 4- ag 3gOpg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE SHELLENBERGER& JAMES SHELLENBERGER, Plaintiffs, CIVIL ACTION—LAW V. NO.: 2012—0643 COURTNEY ORBACH & CASE MANAGEMENT UNIT, Defendants. CERTIFICATE OF SERVICE On the 31St day of July, 2013, 1 hereby certify that a true and correct copy of Plaintiffs' Praecipe For Listing Case For Argument was served upon the following by depositing in U.S. Mail; Thomas E. Brenner, Esq. Goldberg Katzman P.O. Box 6991 Harrisburg, PA 17112-0900 John M. Sofilka, Esq. Eager, Spinello, Quinn &Stengel 1347 Fruitville Pike Lancaster, PA 17601 HANDLER, HENNING & ROSENBERG, LLP By: Da ' H Rosenberg JOYCE SHELLENBERGER AND IN THE COURT OF COMMON PLEAS OF JAMES SHELLENBERGER, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. COURTNEY ORBACH and CASE MANAGEMENT UNIT, DEFENDANTS 12-0643 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT BEFORE GUIDO, J., MASLAND, J. AND PLACEY, J. �i ORDER OF COURT AND NOW, this day of September, 2013, upon consideration of the parties' respective Motions for Partial Summary Judgment and following briefing and argument thereon, we find that the threshold determination of whether a serious injury was sustained by Plaintiff is not clear and free from doubt and therefore must be decided by a jury. Accordingly, both Motions for Partial Summary Judgment are DENIED. By Court, AI ert H. Masl*nd, J. David H. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 For Plaintiffs John M. Sofilka, Esquire w -° 1347 Fruitville Pike ' "3 " f' Lancaster, PA 17601 For Defendant Courtney Orbach r- homas E. Brenner, Esquire C-J =C P.O. Box 6991 c➢ Harrisburg, PA 17112 For Defendant Case Management Unit :sal -a 'r,S IY2�34 4 Z7 =uJ17 David H. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE & JAMES SHELLENBERGER, : Plaintiffs CIVIL ACTION -LAW Vs.. DOCKET NO.: 2012-0643 COURTNEY ORBACH and CASE MANAGEMENT UNIT, Defendants PRAECIPE TO SETTLE AND DISCONTINUE Please mark this action as settled and discontinued. By: {00693899 ;v1} 7-113 cz: CJI -4 CD -"V CD c:1 ce? C.) HANDLER HENNING & ROSENBERG LLP David H. enberg, Esquire 1300 L estown Road, Suite 2 Harris g, PA 17110 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) set forth below via United States first class mail, postage prepaid: David H. Rosenberg, Esquire 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Attorney for Plaintiffs John M. Sofilka, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Attorney for Defendant Courtney Orbach By GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire