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HomeMy WebLinkAbout05-0345SHARI L. BELLISH and GEORGE E. BELLISH, Husband and Wife, Plaintiffs V. KATHLEEN A. MULLEN and DEBORAH MULLEN 412 West Simpson Street Mechanicsburg, PA 17055 Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005- .3k/s CIVIL TERM : CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the defendants, Kathleen A. Mullen and Deborah Mullen, and enter my appearance on behalf of the plaintiffs, Shari L. Bellish and George E. Bellish. Kathleen A. Mullen Deborah Mullen 412 Simpson Street 412 Simpson Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Respectfully submitted, IRWIN & McKNIGHT By. , Douglas Miller, Esquire 60 West o.mfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 83776 January 19, 2005 To: Kathleen A. Mullen and Deborah Mullen You are hereby notified that Shari L. Bellish and George E. Bellish, plaintiffs, have commenced an action against you which you are required to defend or a de It judgment ma entered against you. PROTH NO ARY Date ?1 1 9 '2005 By: DEPUTY ^{Scy_ ? t --t 1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00345 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELLISH SHARI L ET AL VS MULLEN KATHLEEN A ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MULLEN KATHLEEN A the DEFENDANT , at 1853:00 HOURS, on the 20th day of January 2005 at 412 SIMPSON STREET MECHANICSBURG, PA 17055 KATHLEEN MULLEN by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.40 Affidavit .00 Surcharge 10.00 .00 35.40 Sworn and Subscribed to before me this day of tx? A.D. ?.i (2 s. Prothonotary So Answers: _. r R. Thomas Kline 01/21/2005 MARCUS MCKNIGHT By: e uty Sheriff ?t . SHERIFF'S RETURN - REGULAR CASE NO: 2005-00345 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELLISH SHARI L ET AL VS MULLEN KATHLEEN A ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS MULLEN DEBORAH was served upon the DEFENDANT , at 1853:00 HOURS, on the 20th day of January 2005 at 412 SIMPSON STREET MECHANICSBURG, PA 17055 by handing to KATHLEEN MULLEN. MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriffs Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ?, eL day of ?rl? .11101, 7cv? A. D. <AIr -r' othonotary So Answers: R. Thomas Kline 01/21/2005 MARCUS MCKNIGHT By. /7G?` C7 ty Sheriff SHARI L. BELLISH and GEORGE E. BELLISH, Husband and Wife, Plaintiffs V. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2005 - 345 CIVIL TERM CIVIL ACTION -'LAW NOTICE TO DEFEND 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, order 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 money claimed in the complaintlor 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 LAYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SHARI L. BELLISH and GEORGE E. BELLISH, Husband and Wife, Plaintiffs V. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2005 - 345 CIVIL, TERM CIVIL ACTION -LAW COMPLAINT AND NOW, this 24`s day of July 2006, come the Plaintiffs, SHARI L. BELLISH and GEORGE E. BELLISH, by and through their attorneys, Irwin & McKnight, and make the following Complaint against the Defendants, KATHLEEN Al. MULLEN and DEBORAH MULLEN, averring as follows: 1. Plaintiffs Shari L. Bellish and George E. Bellish afire adult individuals principally residing at 59 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Upon information and belief, Defendants Kathleen A. Mullen and Deborah Muller are adult individuals principally residing at 512 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about January 24, 2003, at approximately was lawfully operating her 1999 Oldsmobile Bravada on West 4. On or about that same date, Defendant Deborah 1991 Cadillac, owned by Defendant Kathleen A. Mullen, in the 15 a.m., Plaintiff Shari Bellish Street in Mechanicsburg. was traveling east in a direction as Plaintiff on West Main Street in Mechanicsburg. 5. While operating her vehicle, Defendant Deborah Mullen crossed the yellow line and struck the vehicle being driven by Plaintiff Shan L. Bellish head on. 6. The actions of Defendant Deborah Mullen were negligent, careless and reckless in that she: a. failed to operate her automobile in a safe manner and under proper and adequate control; b. failed to be reasonably vigilant to observe the roadway and position of Plaintiff's vehicle; c. disregarded the condition of the highway, and tl#e traffic upon the highway in violation of 75 Pa.C.S.A. § 3361; i d. failed to maintain proper and adequate observation of the existing traffic conditions; e. failed to be continuously alert, to perceive an warning of danger that was reasonably likely to exist, and to have the vehicle under such control that injury to persons or property could be avoided; f. failed to avoid striking Plaintiffs vehicle; and g. otherwise failed to exercise due and proper care under the circumstances. The impact from Defendants' automobile into Plaintiffs' automobile on the highway caused the front of the Plaintiffs' automobile to be damaged extensively. 8. As a result of the accident, Plaintiff Shari L. Bellish suffered injuries to her chest, neck, shoulder, leg, and back. 9. Plaintiff Shari L. Bellish was initially treated in the Carlisle Hospital Emergency Room, and received additional treatment at the Emergency Room at Holy Spirit Hospital, as well as her family doctor and orthopedic surgeon. 10. Plaintiff Shari L. Bellish experienced great physical pain, discomfort, stiffness and severe pain in her chest, neck, shoulder, leg, and back f& which she sought extensive medical care. 11. Plaintiff Shari L. Bellish was previously diagnosed,, with scoliosis and spina bifida occulta which exacerbated the severe physical pain, discomfort, and stiffness caused by the impact of Defendants' vehicle. 12. Because of her prior conditions and allergies to ost pain medications, Plaintiff Shari L. Bellish suffered additional pain, suffering, and discomfort as a result of the injuries she sustained. 13. The negligent, careless and reckless actions of the Defendants, Kathleen Mullen and Deborah Mullen, are the direct and proximate cause of the injuries to the Plaintiffs, Shari L. Bellish and George E. Bellish. 14. As a direct and proximate result of the negligenc of Defendants, Plaintiffs have been compelled, in order to effect a cure for the aforesaid injurie, to expend sums of money for medicine and/or medical attention, to their detriment and loss. 15. Plaintiff Shari L. Bellish seek compensation for the pain and suffering, expenses, and lost income she has endured since the date of the accident. 16. Plaintiff George E. Bellish seeks compensation society as a consequence of the injuries to his wife, caused by the 17. As a result of the injuries suffered by his wife, to care for his wife and undertake additional household Plaintiff Shari L. Bellish. WHEREFORE, the Plaintiffs, Shari L. Bellish and against Defendants, Kathleen A. Mullen and Deborah Mullen, arbitration limit of Thirty-Five Thousand ($35,000.00) Dollars, the loss of companionship and accident. George E. Bellish has had previously performed by E. Bellish, demand judgment an amount greater than the costs, interest, and all other relief this Honorable Court deems fair and just. By: Respectfully IRWIN & Supreme Coi West Pomfre 60 West Pon Carlisle, Pen (717) 249-2- Attorney for :filler, Esquire t ID # 83776 Professional Building ret Street ;vlvania 17013 Dated: July 24, 2006 4 VERIFICATION The foregoing document is based upon information counsel and ourselves in the preparation of this action. We document and they are true and correct to the best of our understand that false statements herein made are subject to the 4904, relating to unswom falsification to authorities. L has been gathered by our read the statements made in this information and belief. We of 18 Pa.C.S.A. Section 3-a BELLISH Date: July 24. 2006 I, Douglas G. Miller, Esquire, do hereby certify that I have of the foregoing document upon the persons indicated below by postage paid in Carlisle, Pennsylvania 17013, on the date set forth KATHLEEN A. MULLEN 412 SIMPSON STREET MECHANICSBURG, PA 17055 DEBORAH MULLEN 412 SIMPSON STREET MECHANICSBURG, PA 1705 Date: July 24, 2006 IRWIN & Douglas 4;. Miller, Supreme Court I.D. West Pomfret Profe 60 West Pomfret St: Carlisle, Pennsylvar (717) 249-2353 a true and correct copy class United States mail, 83776 ial Building 17013-3222 ".o } `a ?__ Tj ;i?=. ?.> - s?' y, ? , i.,,. . ' +' w ? ?, BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margalisedelstein.com Attorneys for Defendants File# 38500.4-00080 SHARI L. BELLISH and GEORGE E. BELLISH Plaintiffs VS. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-345 JURY TRIAL DEMANDED CIVIL ACTION-LAW PRELIMINARY OBJECTIONS OF DEFENDANTS. KATHLEEN A. MULLEN AND DEBORAH MULLEN, TO THE COMPLAINT OF PLAINTIFFS. SHARI L. AND GEORGE E. BELLISH AND NOW, come Defendants, Kathleen A. Mullen and Deborah Mullen (collectively referred to as "Defendants"), by and through their counsel, Margolis Edelstein, and hereby file these Preliminary Objections, pursuant to Pa. R.C.P. No. 1028(a)(2), (3), and/or (4), to the Complaint of Plaintiffs, Shari L. Bellish and George E. Bellish (collectively referred to as "Plaintiffs"), averring the following in support thereof: 1. The instant action was commenced by the filing of a Praecipe for Writ of Summons on or about January 19, 2005. Thereafter, on or about July 24, 2006, Plaintiffs filed a Complaint. A copy of Plaintiffs' Complaint is attached hereto, made a part hereof, and marked as Exhibit "A." 2. Pa. R.C.P. Nos. (a)(2), (3), and (4) state, in relevant part, that: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) Failure of a pleading to conform to law or rule of Court or inclusion of scandalous or impertinent matter; (3) Insufficient specificity in a pleading; (4) Legal insufficiency of a pleading (demurrer);. Id. 3. As discussed in greater detail below, Plaintiffs' Complaint is in violation of the aforementioned Pennsylvania Rules of Civil Procedure and, as such, Defendants now file the instant Preliminary Objection. 1. Preliminary Objection, Pursuant to Pa. R.C.P. Nos. 1028(a)(2) and/or (4), for Failure of a Pleading to Conform to Law or Rule of Court, and/or Legal Insufficiency of a Pleading (Demurrer). 4. The averments contained in Paragraphs 1 through 3 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 5. Defendant, Kathleen A. Mullen, is named in the caption of Plaintiffs' Complaint, and it is noted in Paragraph 4 of the Complaint that she owned a vehicle being driven by Defendant, Deborah Mullen. 6. However, no where in Plaintiffs' Complaint is there any allegation of negligence and/or wrongdoing against Defendant, Kathleen A. Mullen. 7. Accordingly, Defendant, Kathleen A. Mullen must be dismissed from this action. WHEREFORE, Defendant, Kathleen A. Mullen, respectfully requests that this Honorable Court issue an Order dismissing her from this action and deleting her name from the caption. II. Preliminary Objection, Pursuant to Pa. RC.P. No. 1028(a)(3), for Insufficient Specificity in a Pleading. 8. The averments contained in Paragraphs 1 through 7 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 9. In Paragraph 6 of their Complaint, Plaintiffs make the following general boilerplate legal allegation against Defendant, Deborah Mullen: 6. The actions of Defendant Deborah Mullen were negligent, careless and reckless in that she: g. otherwise failed to exercise due and proper care under the circumstances. Paragraph 6(g) of Plaintiffs' Complaint. 10. Pa. R.C.P. No. 1019(a), along with Rule 1028(a)(3), requires that the material facts upon which a cause of action is based, be stated in a concise and summary form. The averment contained in Paragraph 6(g) constitutes a non-specific general allegation which fails to set forth the material facts upon which it is based in violation of Rules 1019(a) and 1028(a)(3). 11. If the general allegation set forth in Paragraph 6(g) is allowed to remain, then Plaintiffs may have the opportunity to amend their Complaint to introduce new theories of liability after the applicable statute of limitations has expired, all to the severe prejudice of Defendants. 12. Accordingly, Plaintiffs' Complaint is in violation of Rules 1019(a) and 1028(a)(3) and, as such, Paragraph 6(g) must be stricken in its entirety or, in the alternative, Plaintiffs must amend their Complaint. WHEREFORE, Defendants, Kathleen A. Mullen and Deborah Mullen, respectfully request that this Honorable Court issue an Order striking Paragraph 6(g) of Plaintiffs' Complaint or, in the alternative, directing Plaintiffs to file a more specific pleading. DATE: 8//r1,- By: A. onthal, Esquire ie o. 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 ?? k, ? ? h- 08/04/2006 09:37 FAX 12155631410 THOMAS ROMANDO LAW OFC 0 008/012 _07/31/2000 16:45 FAX 6105302612 CLAIMS FAX 1ajOO4 SHARI I.BELLISH and GEORGE E. BELLISR, Husband and Wife, Plaintiffs V. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANLJ1 : 2005 - 345 CIVIL TERM : CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you trust take action within twenty (20) days after this corhplaint, order 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 rile case may proceed without you and a judgment may be entered against you by the courtwithout further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Ameriesus with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 07/31/2006 WON 15:40 [TX/RX NO 6868] 1M004 08/04/2006 • 07731/2006 09:38 18:46 FAX FAX 12155631410 THOMAS ROMANDO LAW OFC 0 007/012 6105302612 CLAIMS FAX _ Q005 SHARI L. BELLISH and GEORGE E. BELL11SH, Husband and Wife, Plaintiffs V. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants : THE COURT OF COMMON PLEAS OF : CUNIBERLAND COUNTY, PENNSYLVANIA 2005 -345 CIM TERM CIVIL ACTION - LAW "OMPLAINT AND NOW, this 20 day of July 2006, come the Plaintiffs, SHARI L. BELLISH and GEORGE E. HELLISH, by, and through their -attorneys, Irwin & McKnight, and make the following Complaint against the Defendants, KATHLEEN A. MULLEN and DEBORAH MULLEN, averring as follows: 1. Plaintiffs Shari L. Bellish and George E. Bellish are adult individuals principally residing at 59 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Upon information and belief, Defendants Kathleen A. Mullen and Deborah Muller are adult individuals principally residing at 512 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about January 24, 2003, at approximately 10:15 am., Plaintiff Shari Bellisb was lawfully operating her L999 Oldsmobile Bravada on West Main Street in Mechanicsburg. 4. On or about that same date, Defendant Deborah Mullen was traveling east in a 1991 Cadillac, owned by Defendant Kathleen A. Mullen, in the opposite direction as Plaintiff on West Main Street in Mechanicsburg. 07/31/2008 MON 15:40 [TX/RX NO 8868] Q005 TROMAS ROMANDO LAW UFU 08/04/2006 09:38 FAX 61053026120 CLAIMS FAX Z008/012 Q006 5. While operating her vehicle, Defendant Deborah Mullen crossed the yellow line and struck the vehicle being driven by Plaintiff Shari L. Bellish bead on. 6. The actions of Defendant Deborah Mullen were negligent, careless and reckless in that she: a. failed to operate her automobile in a safe manner and under proper and adequate control; b. failed to be reasonably vigilant to observe the roadway and position of Plaintiff's vehicle; c. disregarded the condition of the highway, and the traffic upon the highway in violation of 75 Pa.C.S.A. § 3361; d. failed to maintain proper and adequate observation of the, existing traffic conditions; e. failed to be continuously alert, to perceive any warning of danger that was reasonably likely to exist, and to have the vehicle under such control that injury to persons or property could be avoided; f. failed to avoid striking Plaintiff's vehicle; and S. otherwise failed to exercise due and proper care Yoder the circumstances. 7. The impact from Defendants' automobile into Plaintiffs' automobile on the highway caused the front of the Plaintiffs' automobile to be damaged extensively. S. As a insult of the accident, Plaintiff Shari L. aellish suffered injuries to her chest, neck. shoulder, leg, and back. 2 07/31/2006 NON 15:40 1TX/R% NO 88881 WOOS X008/Oiz THOMAS ROMANDO LAW OFC Q007 08/04/2008 09:38 FAX 12155831410 CLAIMS FAX 07-/31/2008 15:48 FAX 8105302812 9. Plaintiff Shari L. Bellish was initially treated in the Carlisle Hospital Emergency Roots, and received additional treatment at the Emergency Room at Holy Spirit Hospital, as well as her family doctor and orthopedic surgeon. 10. Plaintiff Shari L. Bellish experienced great physical pain, discomfort, stiffness and severe pain In her chest, neck, shoulder, leg, and back for which she sought extensive medical care. 11. Plaintiff Shari L. Bellish was previously diagnosed with scoliosis and spina bifida occulta which exacerbated the severe physical pain, discomfort, and stiffness caused by the impact of Defendants' vehicle. 12. Because of her prior conditions and allergies to most pain medications, Plaintiff Shari L. Bellish suffered additional pain, suffering, and discomfort as a result of the injuries she sustained. 13. The negligent, careless and reckless actions of the Defendants, Kathleen Mullen and Deborah Mullen, are the direct and proximate cause of the injuries to the Plaintiffs, Shari L. Bellish and George E. Bellish. 14. As a direct and proxknatc result of the negligence of Defendants, Plaintiffs have been compelled, in order to effect a cure for the aforesaid injuries, to expend sums of money for medicine and/or medical attention, to their detriment and loss. 3 07/31/2008 MON 15:40 1TX/RX NO 89881 X1007 THOMAS ROMANDU i.nn ur? 007/31/2000018348 FAI 81083028120 CLAIMS PAZ a010/012 la 008 15. Plaintiff Shari L Bellish seek compensation for the pain and suffering, expenses, and lost income she has endured since the date of the accident. 16. Plaintiff George E. Bellish seeks compensation for the loss of companionship and society as a consequence of the injuries to his wife, caused by the automobile accident 17. As a result of the injuries suffered by his wife, Plaintiff George E. Bellish bas had to care for his wifc and undertake additional household responsibilities previously performed by Plaintiff Shari L. Bellish. . WHEREFORE, the Plaintiffs, Shari L Bellish and George E. Bellish, demand judgment against Defendants, Kathleen A. Mullen and Deborah Mullen, in an amount greater than the arbitration limit of Thirty-Five Thousand ($35,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully Submitted, rRWIN & McE IG HT By. Douglas . Muter, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2333 Dated: July 24, 2006 Attorney for Plainriff% 4 07/31/2008 WON 15:40 [TX/RX NO 8988] Q 008 08/04/2006 09:38 FAX 12155831410 THOMAS ROMANDO LAW OFC Q011/012 07-/91/2008 13:46 FAX 6105302612 CLAIMS FAX 009 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. cowriz- BELLISH GEORGE E. B=SH Date- duly 24. 2006 07/31/2008 MON 15:40 [TX/RX NO 89681 1a009 w OFC 15346 FAX 61055026120 Or/31/2006 000 0s RoXANOO L.A CI,A,Ilt9. FAI CERTIFICATE OF SERVICE 2012/012 Q 010 L Douglas G. Miller, Esquire, do hereby cenify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: KATHLEEN A. MULLEN 412 SIMPSON STREET MECHANICSBURG, PA 17055 DEBORAH MULLEN 412 SIMPSON STREET MECHANICSBURG, PA 1705 Date: July 24,2M IRWV & McMGHT ?i?3?C3Qd??_ Douglas it. Miller, Esquire Supreme Court LD. No. 83776 West Pomftet Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 07/31/2006 MON 15:40 ITX/RX NO 89661 91010 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this / i day of Q 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid. Addressed as Follows: Douglas Miller, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By: a-ea Yz-, Carol Moose M:\mdf\l Seleatlve Immmel98500.4-000801PleadiWTOs.8-11-06.wpd N ZA ° . .-? U'i a A BARRY A. KRONTHAL, S( Pa. Supreme Court I.D. No 5! MARGOLIS EDELSTEIN 3510 Triudle Road Camp Hill, PA 17011 Telephone: (717) 975-8 14 Facsimile: (717) 975-8 24 E-Mail: bkroothal on Attorneys for Defendants File# 38500.4-00080 SHARI L. BELLISH an GEORGE E. BELLISH VS. KATHLEEN A. MULI DEBORAH MULLEN TO THE PROTHONOT Kindly enter my Mullen. DATE: 1 /1(/0 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-345 JURY TRIAL DEMANDED and CIVIL ACTION-LAW PRAECIPE TO ENTER APPEARANCE OF CUMBERLAND COUNTY: on behalf of Defendants, Kathleen A. Mullen and Deborah Attorney No. 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 I, the undersign. 2006, served a true and indicated below: Douglas Miller, Esquire West Pomfret Professioi 60 West Pomfret Street Carlisle, PA 17013 CERTIFICATE OF SERVICE do hereby certify that I have this day of , rrect copy of the following upon the person(s) and in the manner Service by First Class Mail, Postage Prepaid. Addressed as Follows: Bldg. By: MARGOLIS EDELSTEIN Q'0-a y?-- Carol Moose M:VmdiM Selective G + o C .z) - I ? f PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. SHARI L. BELLISH and GEORGE E. BELLISH Plaintiffs Vs. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-345 JURY TRIAL DEMANDED CIVIL ACTION-LAW State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs' Complaint 2. Identify counsel who will argue the case: (a) Plaintiff(s): Douglas Miller, Esquire, West Pomfret Professional Bldg., 60 West Pomfret Street, Carlisle, PA 17013. (b) Defendant(s): Shaun J. Mumford, Esquire, Barry A. Kronthal, Esquire, Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011, 717-975-8114. 3. I will notify all parties that this case has been listed for argument. 4. Argument Court Date: October 25, 2006. August 21, 2006 Shaun J. Mumford. Esquire Date Attorney for () Plaintiff (X) Defendant DATE: ?/Z--614 By: (717) 975-8114 Phone Number Shaun J. Ivxyfnford, Esquire Attorney Mo. 84176 Barry A. Kronthal, Esquire Attorney No. 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 ,046 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ay of 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid. Addressed as Follows: Douglas Miller, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By: gtarL Carol Moose M:Vndit\l Selective Insurance\38500.4-00080\P1eadinpTRAE FOR LSTNG CASE FOR ARGUMNT.wpd ..-. 1 C'" ? ^Ye l 4 i_ JE ? Y E G•7 SHARI L. BELLISH and GEORGE E. : THE COURT OF COMMON PLEAS OF BELLISH, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : 2005 - 345 CIVIL TERM KATHLEEN A. MULLEN and : CIVIL ACTION - LAW DEBORAH MULLEN Defendants NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SHARI L. BELLISH and GEORGE E. BELLISH, Husband and Wife, Plaintiffs Y. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2005 - 345 CIVIL TERM CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW COMES the Plaintiffs, Shan L. Bellish and George E. Bellish by and through their attorneys, Irwin & McKnight, to make the following Amended Complaint and in support thereof aver as follows: 1. Plaintiffs Shari L. Bellish and George E. Bellish are adult individuals principally residing at 59 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Upon information and belief, Defendants Kathleen A. Mullen and Deborah Muller are adult individuals principally residing at 512 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about January 24, 2003, at approximately 10:15 a.m., Plaintiff Shari Bellish was lawfully operating her 1999 Oldsmobile Bravada on West Main Street in Mechanicsburg. 4. On or about that same date, Defendant Deborah Mullen was traveling east in a 1991 Cadillac, owned by Defendant Kathleen A. Mullen, in the opposite direction as Plaintiff on West Main Street in Mechanicsburg. 5. While operating her vehicle, Defendant Deborah Mullen crossed the yellow line and struck the vehicle being driven by Plaintiff Shari L. Bellish head on. 6. The impact from Defendants' automobile into Plaintiffs' automobile on the highway caused the front of the Plaintiffs' automobile to be damaged extensively. 7. As a result of the accident, Plaintiff Shari L. Bellish suffered injuries to her chest, neck, shoulder, leg, and back. 8. Plaintiff Shari L. Bellish was initially treated in the Carlisle Hospital Emergency Room, and received additional treatment at the Emergency Room at Holy Spirit Hospital, !as well as her family doctor and orthopedic surgeon. 9. Plaintiff Shari L. Bellish experienced great physical pain, discomfort, stiffness and severe pain in her chest, neck, shoulder, leg, and back for which she sought extensive medical care. 10. Plaintiff Shari L. Bellish was previously diagnosed with scoliosis and spina bifida occulta which exacerbated the severe physical pain, discomfort, and stiffness caused by the impact of Defendants' vehicle. 11. Because of her prior conditions and allergies to most pain medications, P aintiff Shari L. Bellish suffered additional pain, suffering, and discomfort as a result of the inj es she sustained. 2 12. The negligent, careless and reckless actions of the Defendants, Kathleen Mullen and Deborah Mullen, are the direct and proximate cause of the injuries to the Plaintiffs, Shari L. Bellish and George E. Bellish. 13. As a direct and proximate result of the negligence of Defendants, Plaintiffs have been compelled, in order to effect a cure for the aforesaid injuries, to expend sums of money for medicine and/or medical attention, to their detriment and loss. 14. Plaintiff Shan L. Bellish seek compensation for the pain and suffering, expenses, and lost income she has endured since the date of the accident. 15. Plaintiff George E. Bellish seeks compensation for the loss of companionship and society as a consequence of the injuries to his wife, caused by the automobile accident. 16. As a result of the injuries suffered by his wife, Plaintiff George E. Bellish has had to care for his wife and undertake additional household responsibilities previously performed by Plaintiff Shari L. Bellish. WHEREFORE, Plaintiffs' Shari L. Bellish and George E. Bellish demand judgment against Defendant Kathleen Mullen and Deborah Mullen, either individually and/or jointly, for the aforesaid damages in an amount greater than the arbitration limit of Thirty-Five Thousand ($35,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fIOr and just. COUNTI SHARI L. BELLISH AND GEORGE E. BELLISH v. DEBORAH MULLEN 17. The averments of fact alleged in items one (1) through sixteen (16) of this Amended Complaint are made a part hereof and incorporated herein by reference. 18. The actions of Defendant Deborah Mullen were negligent, careless and reckless in that she: a. failed to operate her automobile in a safe manner and under proper and adequate control; b. failed to be reasonably vigilant to observe the roadway and position of Plaintiff's vehicle; c. disregarded the condition of the highway, and the traffic upon the highway in violation of 75 Pa.C.S.A. § 3361; d. failed to maintain proper and adequate observation of the existing traffic conditions; e. failed to be continuously alert, to perceive any warning of danger t t was reasonably likely to exist, and to have the vehicle under such control that injury to persons or property could be avoided; and f. failed to avoid striking Plaintiff s vehicle. WHEREFORE, Plaintiffs' Shari L. Bellish and George E. Bellish demand judgment against Defendant Kathleen Mullen and Deborah Mullen, either individually and/or jointly, for the aforesaid damages in an amount greater than the arbitration limit of Thirty-Five Thousand ($35,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. 4 COUNT II SHARI L. BELLISH AND GEORGE E. BELLISH v. KATHLEEN MULLEN 19. The averments of fact alleged in items one (1) through eighteen (18) of this Amended Complaint are made a part hereof and incorporated herein by reference. 20. The aforesaid collision is the direct and proximate result of the Defendant Kathleen Mullen in allowing the Defendant Deborah Mullen to operate the 1991 Cadillac that she did not own. 21. Upon information and belief, the actions of Defendant Kathleen Mullen were negligent, careless and reckless in that she: a. Entrusted her motor vehicle to the Defendant Deborah Mullen when she knew or should have known that Defendant Deborah Mullen was incapable of operating the motor vehicle in a safe and lawful manner; b. Entrusted her motor vehicle to the Defendant Deborah Mullen when she knew or should have known that the Defendant Deborah Mullen was an incompetent and unsafe driver; c. Entrusted her motor vehicle to the Defendant Deborah Mullen when she knew or should have known that the Defendant Deborah Mullen would likely operate the vehicle in such a manner as to create an unreasonable risk of harm to other drivers on the roadway; and/or d. Entrusted the motor vehicle to the Defendant Deborah Mullen when she knew or should have known that the weather conditions were such that Defendant Deborah Mullen would likely operate the vehicle in such a manner as to create an unreasonable risk of harm to other drivers on the roadway. WHEREFORE, Plaintiffs' Shari L. Bellish and George E. Bellish demand judgment against Defendant Kathleen Mullen, either individually and/or jointly, for the aforesaid damages ?I in an amount greater than the arbitration limit of Thirty-Five Thousand ($35,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully submitted, IRWIN & McKNIGHT Dated: August 31, 2006 By: A;L Dou as G filer, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiffs Shari L. Bellish and George E. Bellisb 6 VERIFICATION The foregoing document is based upon information which has been gath?red by our counsel and ourselves in the preparation of this action. We have read the statements rude in this document and they are true and correct to the best of our knowledge, information and (belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: August 31, 2006 GEORGE E. BELLISH CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: SHAUN MUMFORD, ESQUIRE 3510 TRINDLE ROAD CAMP HILL, PA 17011 Date: August 31, 2006 IRWIN & McKNIGHT AAA glas '. Miller, E quire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 m r1i cil g BARRY A. HItONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants File# 38500.4-00080 SHARI L. BELLISH and GEORGE E. BELLISH Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. NO. 2005-345 KATHLEEN A. MULLEN and DEBORAH MULLEN JURY TRIAL DEMANDED CIVIL ACTION-LAW Defendants PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS OF DEFENDANTS, KATHLEEN AND DEBORAH MULLEN, TO THE COMPLAINT OF PLAINTIFFS SHARI AND GEORGE BELLISH TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the Preliminary Objections of Defendants, Kathleen and Deborah Mullen, as Plaintiffs have filed an Amended Complaint regarding same. MARGOLIS DATE: ?-- 04 By: Barry A. ntha Esquire Attorney No. 550'2 Shaun J. Mumford, Esquire Attorney No. 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ? day of ?1 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Posts a Prepaid, Addressed as Follows: Douglas Miller, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By: ao vz-,. Carol Moose M:\mdir\l Selective Insurance\38500.4-00080\Pleadings\Praecipe to Withdraw POs.9-22-06.wpd Col ? V -D BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants File# 38500.4-00080 SHARI L. BELLISH and GEORGE E. BELLISH Plaintiffs vs. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-345 JURY TRIAL DEMANDED CIVIL ACTION-LAW PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS OF DEFENDANTS, KATHLEEN AND DEBORAH MULLEN, TO THE COMPLAINT OF PLAINTIFFS, SHARI AND GEORGE BELLISH TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the Preliminary Objections of Defendants, Kathleen and Deborah Mullen, as Plaintiffs have filed an Amended Complaint regarding same, and remove from the Argument Court list of October 25, 2006. DATE: ) I 0 6 By: MARGOLIS EDDILSTEIN Barry A. Kront?l, Esquire Attorney No. 5b672 Shaun J. Mumford, Esquire Attorney No. 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ' 0 day of Och? , 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Douglas Miller, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 MARGOLIS EDELSTEIN 10-6 - (1-? BY. Carol Moose M:lmdir\t Selective lnsurance\38500.4-00080\Pleadings\Praecipe to Withdraw POs.9-22-06.wpd - a3 Cn f <? BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com SHARI L. BELLISH and GEORGE E. BELLISH Plaintiffs VS. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants To: Shari L. Bellish and George E. Bellish c/o Douglas Miller, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 Attorneys for Defendants File# 38500.4-00080 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-345 JURY TRIAL DEMANDED CIVIL ACTION-LAW NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANTS, KATHLEEN A. MULLEN AND DEBORAH MULLEN, within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, Date: II g 4 MARGOLIS ED By: Barry A. front 1 ID No. 55672 Shaun J. Mu ford ID No. 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Defendants -2- BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com SHARI L. BELLISH and GEORGE E. BELLISH Plaintiffs VS. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants Attorneys for Defendants File# 38500.4-00080 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2005-345 JURY TRIAL DEMANDED CIVIL ACTION-LAW ANSWER AND NEW MATTER OF DEFENDANTS, KATHLEEN A. MULLEN AND DEBORAH MULLEN, TO THE AMENDED COMPLAINT OF PLAINTIFFS SHARI L. BELLISH AND GEORGE E. BELLISH AND NOW, come Defendants, Kathleen A. Mullen and Deborah Mullen ("Defendants"), by and through their counsel, Margolis Edelstein, to answer the Amended Complaint of Plaintiffs, Shari L. Bellish and George E. Bellish ("Plaintiffs"), husband and wife, and aver the following in support thereof: 1. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that on or about January 24, -3- 2003, at approximately 10:15 a.m., Plaintiff Shari Bellish was operating a 1999 Oldsmobile Bravada on West Main Street in Mechanicsburg. The remainder of this averment contains legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that while operating her vehicle, Defendant, Deborah Mullen, crossed the yellow line and struck the vehicle being driven by Plaintiff, Shari L. Bellish, head-on. However, to the extent that this paragraph implies that said accident was caused by the negligence of Defendant, Deborah Mullen, the same is denied. Rather, it is believed and, therefore, averred that the vehicle operated by Defendant, Deborah Mullen, crossed the center line due to the icy conditions of the road. 6. Admitted in part and denied in part. It is admitted that the impact from Defendants' automobile and the Plaintiffs' automobile on the highway caused the front of Plaintiffs' automobile to be damaged. It is specifically denied that Plaintiffs' vehicle was damaged extensively. 7. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. 8. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. 9. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, -4- denied. 10. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. 11. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. 12. Denied. The averments in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 13. Denied. The averments in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 14. Denied. The averments in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 15. Denied. The averments in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 16. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and the same is, therefore, denied. WHEREFORE, Defendants, Kathleen Mullen and Deborah Mullen, respectfully request judgment in their favor and against Plaintiffs, Shari L. Bellish and George E. Bellish. -5- COUNTI SHARI L. BELLISH AND GEORGE E. BELLISH v. DEBORAH MULLEN 17. The answers set forth in paragraphs 1 through 16 are incorporated herein by reference as if the same are set forth at length. 18. Denied. The averments set forth in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. WHEREFORE, Defendants, Kathleen Mullen and Deborah Mullen, request judgment in their favor and against Plaintiffs, Shari L. Bellish and George E. Bellish. COUNT II SHARI L. BELLISH AND GEORGE E. BELLISH v. KATHLEEN MULLEN 19. The answers set forth in paragraphs 1 through 18 are incorporated herein by reference as if the same are set forth at length. 20. Denied. The averments set forth in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 21. Denied. The averments set forth in this paragraph are legal conclusions to which no responsive pleading is required and the same are, therefore, denied. WHEREFORE, Defendants, Deborah and Kathleen Mullen, request judgment in their favor and against Plaintiffs, Shari L. Bellish and George E. Bellish. NEW MATTER 22. The answers set forth in paragraphs 1 through 21 are incorporated herein by reference as if the same are set forth at length. 23. Plaintiff's claims, if any, are barred by the applicable statute of limitations. 24. The subject collision and Plaintiffs' alleged damages and/or injuries, if any, were -6- solely, directly and proximately caused by Plaintiffs' own negligent, reckless, and/or careless conduct. 25. Plaintiffs' claims, if any, are barred by the doctrines of contributory and comparative negligence and assumption of the risk. 26. Plaintiffs have failed to state a claim upon which relief can be granted. 27. Plaintiffs' claims, if any, are barred by their failure to mitigate their damages. 28. At all times relevant hereto, Defendant was responding appropriately under the circumstances then existing to a sudden emergency. 29. Plaintiffs are precluded from pleading, introducing into evidence, or recovering any and all monies payable as "required benefits" pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75 Pa. Cons. Stat. § 1701 et seg. 30. Plaintiffs' claims, if any, are governed by their tort selection. 31. Plaintiffs' alleged damages, if any, were caused by the negligent, reckless, careless, and willful conduct of others over whom Defendant had no control, for whom they are not legally or otherwise responsible. WHEREFORE, Defendants, Kathleen A. Mullen and Deborah Mullen, respectfully requests that a Judgment be entered in their favor and against Plaintiffs, Shari L. Bellish and George E. Bellis, with costs assessed to Plaintiffs. -7- MARGOLIS EDELSTEIN DATE: I By: Barry A"KrgKthWI squire Attorney No. 5,5 2 Shaun J. Mum rd, Esquire Attorney No. 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 -8- VERIFICATION I, Shaun J. Mumford, have read the foregoing Answer with New Matter. The factual statements contained therein are true and correct to the best of my knowledge, information and belief based upon the materials provided to me. I am authorized to make this Verification on behalf of my client, since a verification from the client could not be obtained within the time constraints placed upon me. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I maybe subject to criminal penalties. Date: /V/(/ 6 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this af1day of , 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Douglas Miller, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By: n-- Carol Moose M:\mdir\l Selective Insurance\38500.4-00080\Pleadings\Answer.I 1-6-06.wpd -9- 7r ? "t CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 h ' i on6? IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH TERM, CUMBERLAND -VS- CASE NO: 2005-345 KATHLEEN MULLEN & DEBORAH MULLEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. 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: 06/11/2007 CS on beha f f h6a Y A. S Attorne for DEFENDANT R1.35 133-H DE11-0692827 82596-LO1 C ONIMO NWE A. L T H O F P E 1141,14 S Y L V A N I A C O UN T Y O F C UMB E R L A N D IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH -VS- KATHLEEN MULLEN & DEBORAH MULLEN TERM, CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS MAGNETIC IMAGING CENTER X-RAY ONLY YELLOW BREECHES FAMILY PRACT. MEDICAL RECORDS PA SPINE INSTITUTE MEDICAL RECORDS CARLISLE REGIONAL MEDICAL CTR MEDICAL RECORDS ALEXANDER SPRING REHAB MEDICAL RECORDS TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. 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. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/22/2007 CC: BARRY A. KRONTHAL, ESQ. 38500.4.00080 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET (1800 PHILADELPHIA, PA 19103 (215) 246-0900 35S 105-N DE02-0363801 8 2 5 9 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH File No. 2005-345 VS. KATHLEEN MULLEN & DEBORAH MULLEN SUBPOENA TO PRODUCE DOCUMENTS 8 TRINGS FOR DISCOVERY PURSUANT TO RULE 40".22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grog, Inc.. 1601 Market Street_ Suite 800_ Philadelphia_ PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL_ ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: u1 l tw Date: -May 110 ino q Seal of the Court 3 P othonotary/Clerk, Ci Division Deputy 82596-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: 290-72-8000 Date of Birth: 01-16-1965 35S 105-N SU10-0686990 8 2 5 9 6- L 0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHARI L. BELLISH -VS- KATHLEEN MULLEN & DEBORAH MULLEN opa COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-345 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ES 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: 06/11/2007 S on beh f f ?S Y A. N Q. Attorney or DEFENDANT R1.35 133-H DE11-0692828 82596-L02 COiVIIVIONVVEALTH OF PEI'll NSYLVAN I A COUP-3TY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH -VS- KATHLEEN MULLEN & DEBORAH MULLEN CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE 220 MENTS AND THINGS FOR D I S(_OVfiXY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS ORTHOPEDIC INSTITUTE OF PA. MEDICAL RECORDS MAGNETIC IMAGING CENTER X-RAY ONLY YELLOW BREECHES FAMILY FRACT. MEDICAL RECORDS PA SPINE INSTITUTE MEDICAL RECORDS CARLISLE REGIONAL MEDICAL CTR MEDICAL RECORDS ALEXANDER SPRING REHAB MEDICAL RECORDS TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KPI)NFIAL, ESQ. 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 suhpocna may be served. Complete copies of any reproduced records tray be ordered at tour expense by completing the attached counsel card and returning sanic to MCS or by contacting our Ioca l MCS office. PATE: n5122r16n7 CC: BARRY A. KRONTHAL, ESQ. 38500.4-OuO8O Any questions regarding this matter, contact TERM, MCS on behalf of BARRY A. KRONTHAL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET # 800 PHILADELPHIA, PA 19103 (215) 246-0900 .35S 105-N DE02-0363801 8 2 5 9 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH VS. KATHLEEN MULLEN & DEBORAH MULLEN File No. 2005-345 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC INSTITUTE OF PA_ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS CT_roun, Inc.. 1601 Market Street- Suite 800_ Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRUNTHAL, ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL_ PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 1 1 2007 Date: May iI cn7 Seal of the Court BY THE COURT: P othonotary/Clerk, Civi1FD-ivisii Deputy 82596-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC INSTITUTE OF PA. 3399 TRINDLE RD CAMP HILL, PA 17011 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDE RECORDS FROM DR. WILLI Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1965 35S 105-N SU10-0686992 8 2 5 9 6- L 0 2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 R IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH TERM, CUMBERLAND -VS- CASE NO: 2005-345 KATHLEEN MULLEN & DEBORAH MULLEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. 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: 06/11/2007 M S on beha f Q Y A. Q. Attorney or DEFENDANT R1.35 133-H DE11-0692829 82596-L03 CC>NIMONWEALTH OF PENNSYLVAN I A COUIVT?' OF CiJMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH _VS_ KATHLEEN MULLEN & DEBORAH MULLEN TERM, CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA. MAGNETIC IMAGING CENTER YELLOW BREECHES FAMILY PRACT. PA SPINE INSTITUTE CARLISLE REGIONAL MEDICAL CTR ALEXANDER SPRING REHAB MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS N4EDICAL RFCORDS MEDICAL RECORDS MEDICAL RECORDS TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHA.L, ESQ. 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. Complete copies of any reproduced records may be ordered at your experse by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. HATE: 05/2212n07 CC: BARRY A. KRONTHAL, LSQ. 38500.4-00080 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 11800 PHILADELPHIA, PA 19103 (215) 246-0900 .35S 105-N DE02-0363801 9 2 5 9 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH File No. 2005-345 vs. KATHLEEN MULLEN & DEBORAH MULLEN SUBPOENA TO PRODUCE DOCUMENTS QR TWGS, FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MAGNETIC IMAGING CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groo. Inc.. 1601 Market Street Suite 800. PhiLddl2h„ PA 1910' You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRO AT._ SO, ADDRESS: 3510 TRINDLE ROAD CAMP HILL- PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: JUN 1 1 2007 Date: MON II , r?ofl? Seal of the Court . cv othonotary/Clerk, Ci Division V. -L AA Deputy 82596-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MAGNETIC IMAGING CENTER 4665 TRINDLE ROAD CAMP HILL, PA 17011 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING DIAGNOSTIC FILM & REPORTS Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1965 35S 105-N SU10-0686994 82596-L 03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Nx IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH TERM, CUMBERLAND -VS- CASE NO: 2005-345 KATHLEEN MULLEN & DEBORAH MULLEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ES 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 cert "irate, (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: 06/11/2007 S on beha • o 69D Attorney or DEFENDANT R1.35 133-H DE11-0692830 82596-L04 CC)N4N4ONWE?.LT1-4 OF PENNSYLVAN I A CrJUNT'Y OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH TERM, _VS_ KATHLEEN MULLEN & DEBORAH MULLEN CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA. MAGNETIC IMAGING CENTER YELLOW BREECHES FAMILY PRACT. PA SPINE INSTITUTE CARLISLE REGIONAL MEDICAL CTR ALEXANDER SPRING REHAB MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS NE7D I CAL RECORDS TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. 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. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel car.1 and returning same to MCS or by contacting our local MCS office. DATE: 05!2112007 CC: BARRY A. KRONTHAL, ESQ. - 38500.4-00080 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 .35S 105-N DE02-0363801 8 2 5 9 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH File No. 2005-345 VS. KATHLEEN MULLEN & DEBORAH MULLEN SUBPOENA TO PRODUCE DOCUMENTS QJ& THINGS FOR DISCOVERY PURSUANT TO RULE 440912 TO: Custodian of Records for YELLOW BREECHES FAMILY PRACT. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RYDER **** at The MCS Group. Inc.. 1601 Market Street Suite 800. Phila&1phi2- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONMAL ES0. ADDRESS: 3510 TR_INDLE ROAD CAMP HILL„ PA 17011 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: JUN 1 1 2007 Date: Seal of the Court .S/ "- R. ferx-a )Prothonotary/Clerk, Civil ivision Deputy &tAl- 82596-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YELLOW BREECHES FAMILY PRACT. 1358 LUTZTOWN ROAD BOILING SPRINGS, PA 17007 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING RECORDS FROM DR. KOVACS Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1%5 35S 105-N SU10-0686996 82596-1.04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA of7 III , PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH TERM, CUMBERLAND -VS- CASE NO: 2005-345 KATHLEEN MULLEN & DEBORAH MULLEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. 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: 06/11/2007 l S on beh if f ONT Q. Attorne for DEFENDANT R1.35 133-H DE11-0692831 82 596 -L05 COIS?iIONWEALTH OF PENNSYLVAN I A CC?IJ?`:TY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH TERM, -vs- KATHLEEN MULLEN 8c DEBORAH MULLEN CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SU POENA TO PRODUCE RQCUMENTS AND THINGS FOR i:rE SC0VERY PURSUANT TO RULE 4009.21 HOLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA. MAGNETIC IMAGING CENTER YELLOW BREECHES FAMILY FRACT. PA SPINE INSTITUTE CARLISLE REGIONAL MEDICAL Ca ALEXANDER SPRING REHAB I.IED 1 C AL RECORDS MEDICAL RECORDS X-RAY ONLY ,,41 DICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: DOUGLAS MILLER, ESQ., FLAiNTIi=F COUNSEL MCS on behalf of BARRY A KR.`)NTHGL, Est?. 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 ,'ie subpoena. If the twenty day notice period is waived or if no objection is made, then the suhnoena may be Served. Complete copies of any reproduced records may be ordered at our expense by completing the attached counsel card ant returning same to MCS or by contacting our local MCS office. DATE: 05/22/2007 CC: BARRY A. KRONTHAL, LSQ. 38500.4-00080 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET # 800 PHILADELPHIA, PA 19103 (215) 246-0900 .35S 105-N DE02-0363801 8 2 5 9 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH VS. KATHLEEN MULLEN & DEBORAH MULLEN File No. 2005-345 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY ]PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA SPINE INSTITUTE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Ga=. Inc.. 1601 Market Street- Suite 800. Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRQAITHAL_ ESOP ADDRESS: 3510 TR_INDL.E ROAD CAMP HILL. PA 17011 TELEPHONE: (2115,) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 11 2007 Date: Q. 'y Seal of the Court BY THE COURT: P. r thonotary/Clerk, Civil ivision ??? k? Deputy I 82596-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA SPINE INSTITUTE 805 SIR THOMAS COURT PO BOX 6507 HARRISBURG, PA 17109 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1965 35S 105-N SU10-0686998 8 2 5 9 6- L 05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHARI L. BELLISH -VS- KATHLEEN MULLEN & DEBORAH MULLEN 0 1 ;-j ?' i R1Gr`V,,,;L COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 2005-345 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. 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: 06/11/2007 S on be al of I O A,E Attorne for DEFENDANT R1.35 133-H DE11-0692832 82596-L06 CONIl?iIONWEALTH OF PENNSYLVAN I A C'JL'NTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH _VS_ KATHLEEN MULLEN 8c DEBORAH MULLEN TERM, CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 17OLY SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA. MAGNETIC IMAGING CENTER Y17LLONV BREECHES FAMILY PRACT. PA SPINE INSTITUTE CARLISLE REGIONAL MEDICAL CTR ALEXANDER SPRING REHAB MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS PIED 1 CAL RECORDS MEDICAL RECORDS TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KPONTHAL. ESC). ir.tends to serve a subpoena identical to the one that is attached to !his 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 ohjection is made, than the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MkS or by contacting our local MCS office. DATE: 05/22/2007 CC: BARRY A. KRONTHAL, ESQ. 38500.4-00080 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 .35S 105-N DE02-0363801 8 2 5 9 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH VS. KATHLEEN MULLEN & DEBORAH MULLEN File No. 2005-345 SUBPOENA TO PRODUCE DOCUMENTS 0!& THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISL,F REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street, Suite 800. P iWelnhia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL E_SO. ADDRESS: 3510 TR2MU ROAD CAMP HILL. PA 17011 TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: is / S Lo' r thonotary/Clerk, Civil vision JUN 11 2007 Daw Deputy Date: aLl T ?7 Seal of the Court 82596-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR 45 SPRINT DRIVE CARLISLE, PA 17013 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1965 35S 105-N SU10-0687000 82596-T,06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SHARI L. BELLISH TERM, CUMBERLAND -vs- CASE NO: 2005-345 KATHLEEN MULLEN & DEBORAH MULLEN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BARRY A. KRONTHAL, ESQ. 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: 06/11/2007 S on b l? of ONTHAL, Attorn for DEFENDANT R1.35 133-H DE11-0692833 82596-L07 ' CONfMON'VV?ALTH OP PENNSYLVAN I A C''JL'I`=TY OF CUM131`.RLAND IN "MIL NIATTFR OF COURT OF COMMON PLEAS SHARI L. BELLISII TERM, -VS- KATHLEEN MULLEN & DEBORAH MULLEN CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR ? NCO' r1?Y PURSUANT TQ RULE 4009.21 -011-Y SPIRIT HOSPITAL ORTHOPEDIC INSTITUTE OF PA. MAGNETIC IMAGING CENTER i,]-I.ONV BREECHES FAMILY PRAM: T . PA SPINE INSTITUTE CARLISLE REGIONAL MEDICAL {'TR ALEXANDER SPRING REHAB RECOP.DS MEDICAL RECORDS is - FLAY ONLY 1.17_--DICAL kECORDS MEDICAL RECORDS -ED1CAL RECORDS M:'D I CAL I:ECORDS TO: DOUGLAS MILLER, ESQ., PL%1Nri:' COUNSEL MCS on behalf of BARRY A. I'F"?'THAL. ESQ. intends to serve a suhpoena identical to the one that is '.taahed 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 sLbpoena. If t"•e twenty day notice period is waived or if no objection is trace, then the suhpoena may he served. Complete copies of any reproducci tc:e!o r.a:;; tic ordered at nur expense by completing the attached c o u u s e I c a : d ad et,,-ni72 sar,.c .r by contacting our local MCS office. I)ATF,: 05/22!2() 07 ('C : I3:\RRY A. KRON r1iAL, I.- (' . ^,8500.4-00080 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 35S 105-N DE02-0363801 8 2 5 9 6- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH VS. KATHLEEN MULLEN & DEBORAH MULLEN File No. 2005-345 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALEXANDER SPRING REHAB (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MC4 Group Inc.. 1601 Market Street Suite 500. P ila&lnhia. PA 14103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL_ ESQ. ADDRESS: 3510 TRINDLE ROAD CAMP HILL- PA 17011 , TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUN 11 2007 Date: M(W pp Seal of the Court 82596-07 BY THE COURT: EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB 1 TYLER COURT SUITE-200 CARLISLE, PA 17013 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in access of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1965 35S 105-N SU10-0687002 82596-L 07 a - --i t C TZ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SHARI L. BELLISH KATHLEEN MULLEN & As a prerequisite to Rule 4009.22 ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 2005-345 DEBORAH MULLEN to service of a subpoena for documents and things pursuant MCS on behalf of BARRY A. KRONTHAL, ESQ. 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: 11/21/2007 on behalf 2of( s RY KRONTE SQ. Rtto ey for DEFENDANT R1.42 133-H DE11-0722020 82596-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: SHARI L. BELLISH -VS- KATHLEEN MULLEN & DEBORAH MULLEN COURT OF COMMON PLEAS TERM, CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CUMBERLAND ORTHOPEDIC & SPINE MEDICAL RECORDS TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. 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. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/01/2007 CC: BARRY A. KRONTHAL, ESQ. - 38500.4-00080 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DE02-0378334 82596-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH VS. File No. 2005-345 KATHLEEN MULLEN & DEBORAH MULLEN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND ORTHOPEDIC & SPINE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Qr . Inc 1601 Market Street Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ES ADDRESS: 3510 TRINDLE ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: r thonotary/Clerk, Civil Division Nov 212007 Deputy Date: 6r-,L. a29I g2 &J7 Seal of the Court 82596-08 A' iI EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND ORTHOPEDIC & SPINE PHYSICAL THERAPY 4640 TRINDLE RD #200 CAMP HILL, PA 17011 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1965 R1.41S 133-H SU10-0710340 82596-LO8 n I .IP.% C _ I , SHARI L. BELLISH and GEORGE E. BELLISH, Husband and Wife, Plaintiffs V. KATHLEEN A. MULLEN and DEBORAH MULLEN Defendants : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2005 - 345 CIVIL TERM CIVIL ACTION - LAW OBJECTIONS TO SUBPOENAS PURSUANT TO Pa. R. Civ. P. RULE 4009.21(c) AND NOW, this /b ' day of April, 2008, Plaintiffs SHARI L. BELLISH and GEORGE E. BELLISH, by and through their legal counsel, Irwin & McKnight, object to the proposed subpoena that is attached to these objections as Exhibit "A" and that was requested by Barry A. Kronthal, EsquirAttorney for Defendants Kathleen A. Mullen and Deborah Mullen, for the following reasons: 1. The attached subpoenas request the entire psychiatric records of Plaintiff Shari L. Bellish from Franco Psychology Associates with regard to treatment and services "up to and including the present." 2. This action involves a motor vehicle collision which occurred on or about January 24, 2003. 3. Upon information and belief, neither of the Plaintiffs sought treatment with Franco Psychology Associates for injuries suffered as a result of the motor vehicle collision. 4. Furthermore, the subpoena as drafted presumably requests medical information concerning Plaintiff Shari L. Bellish from as early as 1965, her date of birth. 5. The information sought, as set forth in the attached subpoena, is overly broad and therefore is not reasonably calculated to lead to the discovery of admissible evidence pursuant to Pa. R. Civ. P. 4003.1(b). 6. The information sought in the attached subpoena will contain privileged medical information that is not relevant to the subject matter of Plaintiffs' injuries suffered in the automobile collision of 2003, in contradiction to the requirements of Pa. R. Civ. P. 4003.1(a). WHEREFORE, Plaintiffs Shari L. Bellish and George E. Bellish respectfully request that this Honorable Court sustain their objections to the subpoena attached hereto as Exhibit "A." Respectfully Submitted, IRWIN & McKNIGHT Y Dou as Giller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs Date: April 18, 2008 2 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: SHARI L. BELLISH -VS- KATHLEEN MULLEN & DEBORAH MULLEN COURT OF COMMON PLEAS TERM, CASE NO: 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 FRANCO PSYCHOLOGY ASSOCIATES MEDICAL TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. 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. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/01/2008 CC: BARRY A. KRONTHAL, ESQ. - 38500.4-00080 Any questions regarding this matter, contact F";!rV1 :T. MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 1 R1.49S 116-H .'`"'!.?*I't DE02-0389891 82596-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH VS. KATHLEEN MULLEN & DEBORAH MULLEN File No. 2005-345 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FRANCO PSYCHOLOGY ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Green Inc 1601 Market Street Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (2155) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C URT: Proth notary/Cle ,evil D' ision Deputy Date: 33k(0 L08 T Seal of the Court 82596-09 xxx-xx-aooo SHARI L. BELLISH 111 ANDREW COURT CUSTODIAN OF RECORDS FOR: FRANCO PSYCHOLOGY ASSOCIATES 26 STATE AVENUE CARLISLE, PA 17013 CARLISLE PA 17013 KATHLEEN MULLEN & DEBORAH MULLEN THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 05/12/2008 AT 10:00 AM PHILADELPHIA Records pertaining to SHARI L. BELLISH as described in the EXPLANATION OF REQUIRED RECORDS attached hereto. [OMD] 04/21/2008 BARRY A. KRONTHAL, ESQ. 3510 TRINDLE ROAD CAMP HILL PA 17011 R1.49S 116-H (215) 246-0900 SU10-0727557 82596-L09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FRANCO PSYCHOLOGY ASSOCIATES 26 STATE AVENUE CARLISLE, PA 17013 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL PSYCHIATRIC RECORDS Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1965 R1.49S 116-H SU10-0727558 82596-L09 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BARRY A. KRONTHAL, ESQUIRE 3510 TRINDLE ROAD CAMP HILL, PA 17011 Date: April 18, 2008 IRWIN & McKNIGHT V Douglas G. iher, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 r..a ;. ? T? 1.7 "`{a r;"1 ?s- O CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MCS on behalf of BARRY A. KRONTHAL, ESQ. 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. SHARI L. BELLISH ORIGINAL COURT OF COMMON PLEAS -VS- KATHLEEN MULLEN & DEBORAH MULLEN TERM, CUMBERLAND CASE NO: 2005-345 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 DATE: 04/21/2008 on b of KRO HAL, S A orney for DEFENDANT R1.57 118-H DE11-0746630 82596-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: SHARI L. BELLISH -VS- KATHLEEN MULLEN & DEBORAH MULLEN COURT OF COMMON PLEAS TERM, CASE NO. 2005-345 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 FRANCO PSYCHOLOGY ASSOCIATES MEDICAL TO: DOUGLAS MILLER, ESQ., PLAINTIFF COUNSEL MCS on behalf of BARRY A. KRONTHAL, ESQ. 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. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/01/2008 CC: BARRY A. KRONTHAL, ESQ. - 38500.4-00080 Any questions regarding this matter, contact MCS on behalf of BARRY A. KRONTHAL, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1-49S 116-H D902-0389$91 82596-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHARI L. BELLISH VS. KATHLEEN MULLEN & DEBORAH MULLEN File No. 2005-345 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FRANCO PSYCHOLOGY ASSOCLATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group Inc.- 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to. produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BARRY A. KRONTHAL. ESO. ADDRESS: 3510 TRINDLE ROAD CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C URT: 6-44 Proth notary/Cl ivil D' 'sion Deputy Date: 3 cZ4. L08 Seal of the Court 82596-09 xxx-xx-8ooo SHARI L. BELLISH 111 ANDREW COURT CUSTODIAN OF RECORDS FOR: FRANCO PSYCHOLOGY ASSOCIATES 26 STATE AVENUE CARLISLE, PA 17013 CARLISLE PA 17013 KATHLEEN MULLEN & DEBORAH MULLEN THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 05/12/2008 AT 10:00 AM PHILADELPHIA Records pertaining to SHARI L. BELLISH as described in the EXPLANATION OF REQUIRED RECORDS attached hereto. [OMD] 04/21/2008 BARRY A. KRONTHAL, ESQ. 3510 TRINDLE ROAD CAMP HILL PA 17011 R1.49S 116-H (215) 246-0900 SUIO-0727557 82596-L09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FRANCO PSYCHOLOGY ASSOCIATES 26 STATE AVENUE CARLISLE, PA 17013 RE: 82596 SHARI L. BELLISH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL PSYCHIATRIC RECORDS Dates Requested: up to and including the present. Subject : SHARI L. BELLISH 111 ANDREW COURT, CARLISLE, PA 17013 Social Security #: XXX-XX-8000 Date of Birth: 01-16-1965 21.495 116-H SU10-0727558 82596-L09 ?...:r r..? _; _? . ^rr n,? r'' + 4?. ?? ;??. `Y ' `? ,. -. ''?i -; ? ._... ?? ? ??? ? SHARI L. BELLISH and GEORGE E. : THE COURT OF COMMON PLEAS OF BELLISH, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : 2005 - 345 CIVIL TERM KATHLEEN A. MULLEN and : CIVIL ACTION - LAW DEBORAH MULLEN Defendants PRAECIPE TO SETTLE AND DISCONTINUE TO CURTIS R. LONG, PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Respectfully Submitted, IRWIN & McKNIGHT Douglas V. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: October 31, 2008 C? ?v :+- W -r:p IM (J7 C