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Home My WebLink About02-1348 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE MITCHELL and GEORGE MITCHELL, his wife, Plaintiffs LYNN A. SHUMAKER, Defendant CIVIL ACTION - LAW NO. 0,,2 JURY TRIAL DEMANDED 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 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 wamed that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 242607.1 ~PAS~VlLB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE MITCHELL and GEORGE MITCHELL, his wife, Plaintiffs LYNN A. SHUMAKER, Defendant CIVIL ACTION - LAW NO. OU - I.Jv JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apadencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 242607. I h°AS~vlLB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE MITCHELL and GEORGE MITCHELL, his wife, Plaintiffs LYNN A. SHUMAKER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT Made Mitchell and George Mitchell, husband and wife, are adult 1. Plaintiffs individuals, citizens of the Commonwealth of Pennsylvania, who reside at 123 Westmoreland Avenue, Enola, Cumberland County, Pennsylvania. 2. Defendant Lynn A. Shumaker is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 18 Northern Dancer Drive, Dillsburg, York County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about August 7, 2000, at approximately 11:13 p.m., at the intersection of Market Street and North 33rd Street, Borough of Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Marie Mitchell was operating a 1993 Chevrolet Blazer and was traveling west on Market Street approaching its intersection with North 33rd Street, Borough of Camp Hill, Cumberland County, Pennsylvania. 5. At that time and place, Defendant Lynn A. Shumaker was operating a 1998 Mitsubishi Galant and was traveling east on Market Street, approaching its intersection with North 33rd Street, Borough of Camp Hill, Cumberland County, Pennsylvania. 242607.1 ~PAS~VlLB 6. At that time and place, Defendant Lynn A. Shumaker intended to turn left onto North 33rd Street. 7. At that time and place, Defendant Lynn A. Shumaker operated her vehicle in a negligent, reckless, and careless manner, failed to yield the right-of-way, and turned directly in front of Plaintiff Marie Mitchell's approaching vehicle. 8. At that time and place, a violent head-on collision occurred between the front portion of Defendant Shumaker's vehicle and the front portion of Plaintiff Mitchell's vehicle. The initial, violent impact forced Plaintiff Marie Mitchell's vehicle into a telephone pole. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Marie Mitchell and George Mitchell are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Lynn A. Shumaker operated her motor vehicle as follows: (a) (b) (c) (d) (e) (g) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; failure to apply her brakes in sufficient time to avoid striking the Mitchell vehicle; failure to travel at a safe speed; failure to keep a proper watch for traffic on the highway; failure to take reasonable evasive action to avoid the accident; failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; failure to yield the right-of-way to Plaintiffs vehicle; 242607. I\MLB\PAS 2 (h) (i) (j) failure to keep proper and adequate control over her vehicle; failure to stay within her travel lane; and driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I MARIE MITCHELL v. LYNN A. SHUMAKER 10. Paragraphs 1 through 9 of Plaintiffs' Complaint are incorporated herein by reference. 11. As a result of the aforementioned accident, Plaintiff Marie Mitchell sustained painful and severe injuries which include, but are not limited to, cervical spondylosis at C5-C6 which required surgical intervention and may require further surgery, chest wail contusion, lower back pain, and multiple abrasions and contusions. 12. By reason of the aforesaid injuries sustained by Plaintiff Made Mitchell, she was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 13. Because of the nature of her injuries, Plaintiff Made Mitchell has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 242607.1LMLBLPAS 3 14. As a result of the aforementioned injuries, Plaintiff Made Mitchell has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Made Mitchell has sustained work loss, loss of opportunity, and a permanent diminution of her earning power and capacity, and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff Marie Mitchell has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 17. As a result of the aforesaid accident, Plaintiff Made Mitchell has sustained scars which will result in a permanent disfigurement, and claim is made therefor. 18. Plaintiff Made Mitchell continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 19. reference. 20. CLAIM II GEORGE MITCHELL v. LYNN A. SHUMAKER Paragraphs 1 through 18 of Plaintiffs' Complaint are incorporated herein by As a result of the aforementioned injuries sustained by his wife, Plaintiff Made Mitchell, Plaintiff George Mitchell has been and may in the future be deprived of the care, 242607.1WILB~AS 4 companionship, consortium, and society of his wife, ail of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Made Mitchell and George Mitchell demand judgment against Defendant Lynn A. Shumaker in an mount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: March 18, 2002 I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 242607.1 ~ILB~AS 5 VERIFICATION We, Marie Mitchell and George Mitchell, Plaintiffs, have read the foregoing PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Witness Dated: ~--~/~//~,~ Marie Mitchell George I~itchell 242676.1~RAS~MLB SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MITCHELL MARIE ET AL VS SHUMAKER LYNN A R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHUMAKER LYNN A but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April llth , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 55.04 .00 92.04 04/11/2002 ANGINO & ROVNER Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of ~n~J~ ~ oo 2_~ A.D. Prothonotary t ' YORKTOWNE BUSINESS FOMRS · (717) 225-0363 · FAX (7t7) 225-0367 1. PLAINTIFF/S/ Marie Mitchell et al COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE I PROCESS RECEIPT and AFFIDAVIT OF RETURN 3. DEFENDANT/S/ Lynn A. ShL~naker SERVE SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY UNE 1 THRU 12 DO NOT DETACH ANY COPIES . TYPE OF WRIT OR COMPLAINT Notice & C~bplaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Lynn A. Sht~naker 6. ADDRESS (S ~ K~L ~ OR RFO WITH BOX NUMBER, APT NO., Cl'r~, BORg, TWR, STATE AND ZIP CODE) AT 18 Northern Dancer Drive Dillsburg, PA 17019 7. INDICATE SERVICE: r~ PERSONAL [~ PERSON IN CHARGE ~(DEPUTIZE ~ ~i~TwlM~JJn-iC~ ~ 1ST CLASS MAIL r~ POSTED r~OTHER NOW Harch 21 ,20 02 I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t~d~l~ke return the. re~j~;;cording to law. This deputization being made at the request and risk of the plaintiff. ~ ~h~_..._...~... .a~-~,,,~.,,~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CLEfl~rlarld ADVANCED FEE PAID BY SHERIFF OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAMEandADDRESSofA'I-FORNEY/ORIGINATORandSIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED RICHARD SADLOCK OF ANGINO & ROVNER 4503U~DDTCD,mO .aN' FRONIFST. 238-6791 3-19-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: ('r~i~'~'~u'sI'~'b'~ ~o'~,e,~(~?, not;~i~'~;~e mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ~ DO NOT WRITE BELOW THIS LINE or complaint as indicated above. R. AHRENS 3-22-02 - - 16. HOWSERVED: PERSONAL(~, RESIDENCE~' POSTED( ) POE( ) SHERIFPSOFFICE( ) OTHER( ) SEE REMARKS BELOW 17. Q I hereby certify and return a NOT FOUND because I arb unable to locate the individual, company, etc. name above. (See remarks below.) 18~`N~ME`~NDTj~F~ND~D`~t~LSERVE~L~STADDRE~`~HE~Pf~`N~T~H~NAB~E(Re~ati~nshipt~Defendant 19, 0ate of Service [ 20,~me,~'vice · PT~ ~J ~ ~l Date '~me ~ ,n,. I0~,~ ~me Miles '1 Date '~me Miles ,nt. I Date 13re?lies ,nt. I Date ~mo Miles Int. 22. REMARKS: ~ 34. Foreign County Costs 135.Advance Costs 36. Service Coots 37. Notary Gert. 38. Mileage/Pooted/Not Found 39. Total Coots I 41. AFFlRMED ar~,.subsodbed to before me this ~ I .~ so,.s...s APRIL 02 __ I~. Signature of r, { ~'~ 42. day of ~ , ~,~ .~._-.~~-~a'~j~ep. Shedff ~ ~.~'¢.~ ~ j.~~ I MELI r, ILJIAHJAL ~;?A[~l~n~7~rv'mm'~SignatureofYork' ~, ' - I SSAJ'SHAF:FER, N~t~ryPub~c ~MT~'°~n-ty-s-hedff ~ ~ ~'.~--~"1 _ ..,~ J ,. Ci~/ofYork y~'(~L~[y' ~"~ ~1 "ILLIAM M. HOSE .//'~)"'4Y-'~ //I// /~ ~'~,-.~i~sio,/'~';d~;'-"-~'",Z,~ ~ ... I I ,'/ - ~ / ' ~J"~'~/Z~.~'-,~ _. '~"-/ - ~).~F/~''~ I Co~Jnty Shedff 50. I A(~I't~V~LED'~r'E-RE-CEIPT ~'F TH~'B~ERI~F'S~.JRN-~IGNATURE 51. DATE RECEIVED O~AUTHORIZED SSU NG AUTHOR TY AND T~rI'LE q_cl Advance Costs ] 32. Tot. Costs 33. Costs Due o(~nd _..~Check No. 24. Service Costs 25. N/Fi 27. PostageJ 28. Sub Total 29. Pound 30. Notary 31. Surchg. 75.00 18. 00 261 Mileage 35.04 ! 53.04 2.00 55.04 19.9~'-~ I[~0~ 40. Costs Due or Refund 47. DATE 4-8-02 49, DATE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Shedffs Office MARIE MITCHELL and GEORGE MITCHELL, his wife Plaintiffs LYNN A. SHUMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1348 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO Thomas $. Williax~/Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: April 18, 2002 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 MARTSON DEARDORFF WILLIAMS & OTTO e oad ? x------Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 18, 2002 MARIE MITCHELL and GEORGE MITCHELL, his wife Plaintiffs LYNN A. SHUMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1348 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANS'VVER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Lynn A. Shumaker, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and answers Plaintiffs' Complaint as follows: The allegations of Plaintiffs' Complaint are denied in accordance with Pa. R.C.P. 1029 (e), except as specifically admitted below. 1. Admitted, on information received. 2. Admitted. 3. Admitted only that a collision between Plaintiff, Made Mitchell, and Defendant occurred at about that time and place. 4. Admitted, on information received. 5. Denied as stated. Defendant was making a left-hand turn onto North 33~ Street at the time of the collision. 6. Denied as stated. See answer to Number 5. 7. Denied as a conclusion of law. To the extent an answer is required, Defendant denies she was negligent, reckless and/or careless. 8. Denied. Defendant does not believe it is accurate to describe the collision as "head- on." Defendant also does not believe that the collision fomed Plaintiff, Made Mitchell's, vehicle into a telephone pole. 9. Denied that Defendant was negligent either in general, or in the particulars set forth in Plaintiffs' Complaint; in fact Defendant at all times operated her vehicle in a prudent and careful manner. CLAIM I MARIE MITCHELL v. LYNN A. SHUMAKER 10. Paragraphs 1 through 9 hereof are incorporated herein. 1 I- 18. Denied. After reasonable investigation, Defendant does not have any knowledge or information sufficient to form a belief as to Plaintiff's injuries, medical treatment, medications, hospitalization, or expenses therefore, either now or in the future. CLAIM II GEORGE MITCHELL v. LYNN A. SHUMAKER 19. Paragraphs 1 through 18 hereof are incorporated herein by reference thereto. 20. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the nature of the relationship between Plaintiffs or its effect as a result of any injuries which may have been sustained in this accident. WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiffs' Complaint with prejudice. NEW MATTER The averments of paragraphs 1 through 20 of this Answer are incorporated herein by 21. reference. 22. The Plaintiff's recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 23. Plaintiffs or their representatives chose the limited tort option by signing a valid selection form. 24. Plaintiffs' injuries do not involve death, serious impairment of bodily function or permanent disfigurement. WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiffs' Complaint with prejudice. Dated: April 19, 2002 MARTSON DEARDORFF WILLIAMS & OTTO By ~ ~ ehnO~a~tJ~ii~l l~e,t Esquire Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VERIFICATION The foregoing Answer With New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. L~,~, A. Shumaker CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 MARTSON DEARDORFF WILLIAMS & OTTO ia D. Eckenroad ~'~' ( East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 19, 2002 E00E '6I I.Udv :POI~G OZ£O 2g SINVlTIDA ~Iff'tlO(Ih~t(I NOS&~gI~I SOLI-0I I£I Vd '~:rnqs.u-mH looalS luo.~I ql~oN 'D'd '~I~NA0~I ~ 0NIDNV o.~.mbs~t '~IooIP~S 'V p:mqopd :s,~ol[oJ s* possoapp~ 'p.mdoad o~lsod 'i.mm ss~io ls.nJ 'Vd 'oIs.~I~D 1~ omJJO lsocI oql u.t oums ~u!l!socl, p Jrq ol~p s.utl po~aos s~ .~o~su~ ~u!oi~o~oj Otll jo ,(doo ~ ]~ql ,(J[l.too ,(qo~q 'o110 ~ sum!IIDA JjaopJ~oQ uosl. r*l~ ~oj luo~ poz.uottln~ tm 'p~oaumloE 'G ~!o.uj, 'I ~tDIAlt~t$ ~O ~IJ, VDI~IIJ, It;ID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIE MITCHELL and CIVIL ACTION - LAW GEORGE MITCHELL, his wife, Plaintiffs NO. 02-1348 Civil Term V. LYNN A. SHUMAKER, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW comes the Plaintiffs, by and through their attomeys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendant as follows: 21. Defendant's averment does not require a responsive pleading. 22. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, ail of Plaintiffs' injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financiai Responsibility Law in no way limits the damages Plaintiffs may' recover herein. 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specificaily denied. By way of amplification, Plaintiffs' tort option is irrelevant to the instant action as Plaintiff Made Mitchell suffered a serious injury as a result of Defendant's negligent conduct. Plaintiff Made Mitchell's injury resulted in serious impairment of bodily function and permanent serious disfigurement. Plaintiff Marie Mitchell's injury is permanent. 242607.1 ~PAS'uMLB 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff Made Mitchell did suffer a serious injury, a serious impairment of bodily function, and permanent serious disfiguremem. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendant. Date: May 2, 2002 ANGINO & ROVNER, P.C. /~-~ .... Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 245288.1\RAS\MLB VERIFICATION We, Marie Mitchell and George Mitchell, Plaintiffs, have read the foregoing PLAINTIFFS' REPLY TO NEW MATTER and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Witness Dated: Made Mitchell George Mitchell 242676.1 ~I>.ASWI L B CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO NEW MATTER on the following via postage prepaid, first class United States mail, addressed as follows: Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Date: May 2, 2002 Mar['y L. l~rym~ss~ - - 245288.1~RASWILB IN COURT OF COMMON PLEAS OF CUMREI I,AND COUNTY MITCHELL & MITCHELL VS. SHUMAKER : NO. 021348 : CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOE PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for doc pursuant to Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE 1. A Notice of Intent to Serve the Subpoena( the subpoena(s) attached thereto was maile each party at least twenty days prior to the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including subpoena(s) is attached to this certificat 3.No objection to the subpoena(s) has been 4. The subpoena(s) which will be served is i the subpoena(s) which is attached to the to Serve the Subpoena(s). 06/10/02 THOMAS J WILLIA MARTSON DEARDOR~ TEN EAST HIGH CARLISLE, PA 717-243-3341 ATTORNEY FOR DE~ INQUIRIES SHOULI MEDICAL LEGAL RI 4940 DISSTON ST~ PHILADELPHIA Pt (215) 335-4907 NA uments and things ertifies that: with a copy of or delivered to he date on which the proposed e, eceived, and entical to ~tice of Intent , ESQUIRE F WILLIAMS 013 ENDANT BE ADDRESSED TO: PRODUCTIONS, INC. EET 19135 By: J&cqueline iarrocchi File #: M287039 IN ~ C. OURT OF COMMON PLEAS OF CUMBERLAND COUNTY MITCHELL & MITCHELL VS. SHUMAKER No. 021348 TO: RICHARD SADLOCK NOTICE OF INTENT TO SERVE A SUBPOENA TO DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'I DEFENDANT intends to serve a s-hpoena(s) id~ the one(s) attached to this notice. You have twenl from the date listed below in which to file of rec( the undersigned an objection to the subpoena. If made the subpoena may be served. Date: 05/17/02 Enc (s): File #: Copy of subpoena(s) COunsel return card M287039 THOMAS J WILLIAM MARTSON DEARDORFi TEN EAST HIGH ST CARLISLE, PA 1701 ATTORNEY FO~ DEF] ~N~UIRXES SHOULD MEDICAL LEGAL REi 4940 DISSTON-ST~ PHILADELPHIA, PA (215) 335-4907 By: Jacqueline C: RODUCE FO RULE4009.21 ~ntical to :y (20~ days )rd and serve upon lo objection is ESQUIRE BE ADDRESSED TO: ?RODUCTIONS, INC. MET 19135 Larrocchi MITCHF. T.T. & MITCHELL : VS. : ).2 021348 FileNo. FC~ 0~ FU~StW~ To RU~E SCHULZE ACCOUNTING INC, 716 E M~PLE ST, LEMOYNE (Name of Person or Entity) - Within twenty (20) days afte~ service of this subpoena, you the docunent A .DF2 PA 17046 are ordered by the color to PHILA. , PA You: .may- deiivar or mail legible oo~ies-of the docum~ts o~ pcoduce things requested this_, subl~ena, tOget~er. with t~e certificate .of .ou,~)iar~e, bo the party making this 'request at t~e address listed above. You have'the right to ,~k in advance the rea?~nable o0st of i~e.o, aring the copies or 13~odu¢ing the l~ings sought. If you fail bo produce the docunents or things required (20) days after its service, the party serving thin s ~,~elling you to c~ly with it. ~HI$ SU6POENA WAS ISSUED AT THE REGUEST OF 1%E FOLLOWING PERSO~ ~E: · THOMAS J WILLIAMS, ESQ A~ORE~S: MARTSON DEARDORFF WILLIAMS ATTOI~=Y DEFENDANT M287039-01 ~eal-:of this sublx~a within tw.~t.v ~oena may seek a co~-t ord.' (Elf. 7/97) · ADDEND UM TO SUBPOENA MITCHELL & MITCHELL VS. No. 021348 CUSTODIAN OF RECORDS FOR: $~ZF~ ACCOUNTING INC ANY AND ~TJ. ACCOUNTING RECORDS. pERTAINING TO: ENOLA PA NAME: MARIE MITCHELL ADDRESS: 123 WESTMORELAND AVE DATE OF BIRTH: 08/22/59 SSAN: 182509405 CERTIFIED PHOTOCOPIF.$ WILL BE ACCEPTED IN LIEU OF YOUR RECORD CUSTODIAN COMPLETE AND ] RECO~)SAI~EAFFACHED HERETO:I hereby certify as records that, to the best of my knowledge, infoxi belief all documents or things above mentioned ha Date ] NOD~(~U1WEAFFSAV~LR:I hereby certify that. has been made and that no record of the followln¢ been located (CHECK THE APPROPRIATE BOX): ERSONAL APPEARANCE. ~.ETURN - =~- ~ ~- custodian of ation and ye been produced. hor6ugh search documents' have destroyed ( ) RECORDS ( ) PATIENT BI?,?.ING ( ) X-RAYS ' ( ) RECORDS / XRAYS have been CUMBERLAND M287039-01 Authorized signature for SCHULZE ACCOUNTING INC *** SIGN AND RETURN THIS PAGE *'~* PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) MARIE MITCHELL and GEORGE MITCHELL, her husband Plaintiffs LYNN A. SHUMAKER, Defendant (check one) ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) Other The trial list will be called on December 31, 2002. Trials commence on February 3, 2003. Pre-trials will beheld on January 15, 2003. (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) Date: No.. 02-1348 Civil Indicate the attorney who will try case for the party who files this praecipe: Richard A. Sadlock, Esquire, Angino & Rovner, P.C. 4503 North Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Thomas J. Williams, Esquire, Martson, Deardorff, Williams & Otto Ten East High Street, Carlisle, PA 17013 This case is ready for trial. ~~~ SignedJ Prin~ame.' R'mh r~ A. S~dl~, Esquire November 27, 2002 Attorney for: Plaintiffs 248234.1Xl~AS~vlLB F:\FI LES~DATAFILEkDONEGAL. DOC\ 199-oral l/tde Created; 04/16/02 0l:58:28 PM Revised: 01/14/03 07:44:36 AM 3050.199~ MARIE MITCHELL and GEORGE MITCHELL, his wife Plaintiffs Vo LYNN A. SHUMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1348 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this /+ ~ day of January, 2003, upon consideration of Defendant's Motion for Continuance, and it appearing both parties concur in same, the Motion is granted and the case is removed from the February Trial List to be relisted by either party. BY THE COURT, PRAECIPE FOR LISTING CASE FOR TRIAl. (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) MARIE MITCHELL and GEORGE MITCHELL, her husband Plaintiffs LYNN A. SHUMAKER, Defendant (check one) ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) Other The trial list will be called on February 11, 2003 Trials commence on March 10, 2003 Pre-trials will beheld on February 19, 2003. (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 02-1348 Civil Indicate the attorney who will try case for the party who files this praecipe: Richard A. Sadlock, Esquire, Angino & Rovner, P.C. 4503 North Front Street, Harrisburg, PA 17110 Date: January 15, 2003 248234. lXRAS~ILB Indicate trial counsel for other parties if known: Thomas J. Williams, Esquire, Martson, Deardorff, Williams & Otto Ten East High Street, Carlisle, PA 17013 This case is ready for trial. ~f~ Signed: ,~ Print ~: .Richer Af~ad!ock, Esquire) Attorney fbr~ain~ F:~FILESkDATAFILE\DONEGAL.DOC\ 199.mot 1/jib Created: 2/14/03 0:8:39 PM Revised: 2/14/03 2:48:25 PM MARIE MITCHELL and GEORGE MITCHELL, his wife Plaintiffs LYNN A. SHUMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1348 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S MOTION FOR CONTINUANCE AND NOW, comes the Defendant, LYNN A. SHUMAKER, by and through her attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and hereby moves the Court for continuance of the trial for the following reasons: 1. The accident which gave rise to this action occu~ed August 7, 2000. 2. The Complaint was served on Defendant on April 1, 2002. 3. Dr. George Harhigh is Plaintiff's family doctor, primary treating physician for the injuries alleged in her Complaint and has been identified by Plaintiffas a medical expert witness at trial. 4. On October 30, 2002, Defendant served a subpoena on Dr. Harhigh to produce: "any and all office records, including notes, correspondence, memoranda, x-ray reports, history notes, index cards and any other information relating to any examination or treatment rendered to Made Mitchell." A copy of that subpoena is attached hereto and marked Exhibit "A." 5. On November 6, 2002, Dr. Harhigh responded to the subpoena with forty-four pages of medical records of the Plaintiff and certified: "I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced." A copy of that certification by Dr. Harhigh is part of Exhibit "A." 6. The cover sheet received with the above medical records from Dr. Harhigh indicates that it is Volume One of One. A copy of that is attached hereto and marked Exhibit "B." 7. On January 2, 2002, Dr. Harhigh testified at deposition for use at trial. His testimony focused principally on Plaintiff's neck injury which was treated surgically with fusion and Plaintiff's complaints regarding neck pain. Dr. Harhigh testified that Plaintiffhad significant pathology in the cervical spine which was unrelated to the accident and had pre-existed for some time prior to the accident; however, Dr. Harhigh stated his opinion that Plaintiff's present complaints, and her surgery, were related to the accident because Plaintiff had never before had any problems referable to her cervical spine, nor complained of any neck pain. 8. Dr. Harhigh was asked about reference in the Plaintiff's medical records where the words "C-Spine" seem to be written. Dr. Harhigh's handwriting is all but illegible, but the words "C-Spine," or something similar, appears to be written on April 29, 1999, and again on March 19, 1998. Copies of these pages, numbered 28 and 38, are attached and marked Exhibits "C" and "D." 9. In trying to explain the above notations, in view of the fact that he testified on direct examination the Plaintiff had no prior neck problem, Dr. Harhigh initially said that this was a tension headache; however, when it was pointed out that one of those visits seemed to refer to an x-ray, he asked one of his nurses to go down to the basement and search for any reports regarding a cervical spine x-ray that Dr. Harhigh seemed to believe he had ordered, ihaving been shown these notations in the medical record during cross-examination. 10. The nurse returned with a report from Quantum Imaging dated April 29, 1999, showing cervical spine x-rays of Plaintiff's neck as a result of"rnotor vehicle accident, trauma." A copy of this report is attached as Exhibit "E." This report is also positive for degenerative changes in Plaintiff's neck including disc space narrowing and neural foratninal encroachment, months before our accident. 11. He testified that there were other medical records he had of Plaintiff: In fact, he testified that the medical records we had were only the latest volume of three volumes of medical records he had of Plaintiff, that the first two volumes were in storage in his basement. Extracts of Dr. Harhigh's deposition relative to the above are attached and marked Exhibit "F." 12. Defense counsel saw this report for the first time on January 2, 2003 during the trial deposition of Plaintiff's medical expert, Dr. George Harhigh. Del~'ense counsel immediately sent this report and other information from Dr. Harhigh for expert evaluation. That evaluation has, unfortunately, not yet been completed. 13. At the same time, Defendant's counsel wrote to Dr. Harhigh on January 16, 2003 asking for the remaining two volumes of Plaintiff's medical records. As of this date, Dr. Harhigh has not provided these records. A copy of this letter is attached as Exhibit "G." 14. The critical question in this case is whether Plaintiff's surgery and her present complaints of pain are the result of the accident or the pre-existing pathology found in her cervical spine. Plaintiff's medical history thus becomes of critical importance. Defense counsel has proceeded diligently to obtain Plaintiff's medical records and has been falsely assured that he had them. The revelation of the additional, highly relevant, medical records has been learned only recently. The significance of these needs to be evaluated by a qualified medical professional - once they are received. WHEREFORE, Defendant prays Your Honorable Court to (a) strike this case from the trial list and, (b) direct that it not be relisted until at least sixty days after Plaintiff's entire medical chart is received from George Harhigh, D.O. Respectfully subrnitted, MARTSON DEA/RDORFF WILLIAMS & OTTO Thomas J. Wi~j~arns, Esquire No. 17512 Ten East High :Street Carlisle, PA 17013 (717) 243-3341 Date: February 14, 2003 Attorneys for Defendant Lynn A. Shumaker MITCHELL & MITCHELL Vs. SHUMAKER CO--TH OF pI~NSyLV~NIA 021348 TO: SUBPOEI~ TO PROOUCE DDOJMENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR GEORGE HARHIGH, 25 S 35TH ST, CAMP HILL PA 17011 (Nan~ of Pe~so~ cc Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to pr~uce the fol 1~i~ ~t~ at -- MEDICAL LEGAL REPRODUCTIONS, ~C, 4~U Di~SSg0~ SY., ~HiLA., ~A (Address) You may delive~ or mail legible copies of the documents or produce things requested this subpoena, togethe~ with the certificate of c~liance, to the pa~tymaking thi~ request at the address listed 'above. You have the right to seek in advance the rea~onabl~ cost of preoaring the copies or producing the things sought. If you fail to produce the doct~nents or things required by this subpoena within twenty (20) days afte~ its service, the pa~ty serving thin subpoena may seek a court orde,- orxnpell~n~ you to con~ly with it. TH I $ SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOW I NG PERSON: ~ IE: THOMAS J WILLIAMS, ESQ ADORESS:__ MARTSON DEARDORFF WILLIAMS TELEPHONE: SUPREltE CO~T ID tt ATTORNEY FOR: ~ .... r ~ 17013 215-33~-3212 92639-01 DATE: DEFENDANT Seal of the Court BY THE OOURT: Prothomotary/61~. Civil Division Deputy EXHIBIT "A" (Elf. 7'/97) ADDENDUM TO SUBPOENA MITCHELL & MITCHELL Vs. SHUMAKER No. 021348 CUSTODIAN OF RECORDS FOR: DR GEORGE HARHIGH ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: MARIE MITCHELL ADDRESS: DATE OF BIRTH: 08/22/59 SSAN: 182509405 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X- RAYS Dat~ CUMBERLAND R292639-01 ( ) PATIENT BILLING ) RECORDS / XRAYS have been destroyed Authorized signature DR GEORGE HAR/qIGH for *** SIGN AND RETURN THIS PAGE *** IN THE COURT O. EOMMON PLEAS OF C'UM~RLAND COUNTY MITCHELL & MITCHELL : VS. : : SHUMAKER : NO. 021348 CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, DR GEORGE HARHIGH certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 00/00/00 have been p~rgduced. Complete the APPROPRIATE SECTION ONLY and return entire page. *** THIS PAGE MUST BE COMPLETED AND RETURNED *** NO RECORD STATEMENT I, the undersigned, hereby certify that I am the duly authorized custodian of records for DR ~EOR~E HARHI~H and I hereby certify to the following: THAT I HAVE RECEIVED A SUBPOENA REQUESTING DOCUMENTS OR THINGS PERTAINING TO THE ABOVE-CAPTIONED INDIVIDUAL ~ND THAT AFTER HAVING MADE A THOROUGH SEARCH FOR SAID ITEMS, I CERTIFY THAT OUR OFFICE IS UNABLE TO FI~D ANY (CHECK APPROPRIATE BOX) ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAY FILMS Date R292639-01 CC.: THOMAS J WILLIAMS, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH ST CARLISLE, PA 17013 Au~'HORIZED SIGNATURE FOR DR ~EOR~E HARHIGH PLAINTIFF: DE PONENT: VOLUME: FILE #: MLR FILE #: REQUESTOR: MARIE MITCHELL DR GEORGE HARHIGH ONE of ONE R292639-0I / 0-522579 ~HOMAS J WILLIAMS, ESQ TM~NTSON D~0RFF WILLIAMS EAST HIGH ST CARLISLE, PA 17013 MEDICAL LEG. t L REPRODUCTIONS, INC. Ma/~ Oti~ce Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fax: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: le~gai~medle~.com Philadelphia, Pa 19107 East Gate Center, 309 FeliowsMp Rd., Mt. Laurel, NJ 625 Liberty Avenue, Suite 2800 CNG Tawer, Iqttsburgh, Pa 15222 (800) 436-1479 EXHIBIT "B" IU IO.a 0.~ EXHIBIT "C" ~Zv' ~ j~ EXHIBIT "D" Associates, Inc. GENERAL DIAGNOSTIC RADIOLOGY W9405 George H Harhigh DO 25 S 35th Street 'Camp Hill, Pa 17011 ULTRASOUND IvlAMMOGRAPHY April 29, 1999 WEST SHORE OFFICE: 3508 Trindle Road Camp Hill, PA 17011 (717) 761-7470 Fax: (717) 761-6291 FLUOROSCOPY RE: MARIE MITCHELL 182509405 Dear Dr.. Harhigh: CERVicAL SPINE (6 VIEWS): IndiCation: Motor vehicle accident. Trauma. Spinal..alignment is normal. There is adequai6 range of motion with flexion and. ·extension. There is no fracture. Moderate hypertrophic spurring accompanies mild intervertebral disc space narrowing :at C5-6 and C6-7. Mild neural foraminal encroachment is noted bilaterally, at C5-6~ and C6~7. The odontoid and lateral masses are intact. The prevertebral.: soft tissues are unremarkable. CONCLUSION: NO fractures seen. Spondylosis C5-6 and C6-7 with mild intervertebral disc space narrowing and mild bilateral neural foraminal encroachment. Thank you for referring this patient. JRC/TM/km cc: Harry Meyers, DDS 220 Cumberland Parkway Suite 5 Mechanicsburg, Pa 17055 Sincerely, ' J~ LJ~ eau, MD EXHIBIT "E" MARIE MITCHELL AND GEORGE · IN THE COURT C)F COMMON PLEAS MITCHELL, HIS WIFE, ' CUMBERLAND COUNTY, PLAINTIFFS - · ClVlLACTION- LAW V ' NO. 02-1348 CIVIL TERM LYNN A. SHUMAKER, · DEFENDANT ' JURY TRIAL DEMANDED DATE: PLACE: DEPOSITION OF: GEORGE HARHIGH, D.O. TAKEN BY: PLAINTIFFS BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC JANUARY 2, 2003, 3:30 P.M. 25 SOUTH 35TH STREET CAMP HILL, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, PC BY: RICHARD A. SADLOCK, ESQUIRE FOR - PLAINTIFFS MARTSON, DEARDORFF, WILLIAMS & OTTO BY: THOMAS J. WILLIAMS, ESQUIRE FOR - DEFENDANT EXHIBIT "F" N.T. 7 10 11 12 13 14 15 16 17 18 N.T. 11-12 Q Had you ever treated Miss Mitchell up until August 7 -- or actually August 10, 2000 for any injury or problem with her neck? A I might have, but that might be in -- it would have had to be quite awhile ago because it's not in -- I can't find it from '98. Q So at the very least from May of 1998 through August of 2000, no problem with her neck? A No. 17 Q Doctor, do you have an opinion within a 18 reasonable degree of medical certainty whether Ms. Mitchell 19 sustained an injury in the August 7th, 2000 motor vehicle 20 accident? 21 A Well, the fact that the MRI that I had done 22 showed pretty extensive arthritis, that obviously was 23 present before the accident. But she had had no symptoms 24 from '98 until when I saw her after the accident. So it was 25 a quiet -- I see this frequently, people will have injured 12 1 an area, we will x-ray and find out they are loaded with 2 arthritis. You say did you have any discomfort; they say 3 no. 4 So, you know, you could go by for years and have 5 extensive arthritis and not be bothered until you go and 6 injure that part and then it flares up way out of proportion 7 to what you would expect. N.T. 13-14 16 Q The MRI finding, she had -- I am not sure how to 17 pronounce it, spondylosis? 18 A Yes. That's another name for arthritis. 19 Q Arthritis. That had nothing to do with the 20 accident, did it? 21 A That was present before, but apparently was not 22 symptomatic. 23 Q And when you say apparently it was not 24 symptomatic, that's because neither the patient nor your 25 medical records as you have testified indicate that she 14 1 complained of that, is that correct? 2 A Right. 3 Q And you mentioned that you have with you today 4 volume three of her medical records, correct? 5 A Right. 6 Q Do you have two volume of her medical records 7 which you haven't looked at prior to your deposition? 8 A When the charts get so thick, we kind of thin 9 them out and label them volume one and volume two. We have 10 a special storage area in the back. 11 Q I just wanted to clarify that your testimony 12 today is not based upon anything that could be found in 13 volume one or volume two if you looked at it? 14 A Yes. 15 Q Obviously? 16 A It's based on four years which is a substantial 17 period of time. 18 Q You mentioned that her prior complaints of neck 19 pain had to do with the tension headache? 20 A Yes. N.T. 22-24 21 Q Okay. Now, we're going to jump back on the 22 record, doctor, and your assistant just brought you a 23 report. And tell us what that is. 24 A It was an x-ray of her cervical spine April of 25 1999. 23 1 Q Why did you order that x-ray? 2 A She has indication, motor vehicle accident 3 trauma. Again, they say spinal alignment was normal; 4 adequate range of motion with flexion and extension; no 5 fracture; moderate hypertrophic spurring, which is arthritic: 6 change; the disk spaces were narrowed between five and six 7 and six and seven. And in fact, it says mild neuroforaminal 8 encroachment. 9 In the spinal canal -- not the spinal canal, in 10 the vertebrae, on the openings, there is little openings, 11 the foramen. And the spinal nerves that come out there, you 12 are talking about your cervical spine. They feed your face 13 and your arms. 14 Down lower, the neural foramen, the nerves that 15 come out of there feeds the lower extremities. So it showed 16 mild neuroforaminal encroachment bilaterally, and apparently 17 by arthritic change. 18 Q Just so I understand you, doctor, are you saying 19 that was as a result of a motor vehicle accident in 19997 20 A I suppose. 21 Q Well, is that why you ordered the x-ray of Mrs. 22 Mitchell's neck in 1999 because she told you that she was in 23 a car accident? 24 A I would have, yes. 25 Q So when you testified earlier that her present 24 1 complaints are related to the accident because she had no 2 prior history of neck pain, would you -- are you changing 3 that now? 4 A Well, I am just looking here on when the day of 5 that was, April of 1999. But there is no comment in -- 6 there is no comment on my notes in '99 about that, so, you 7 know, she must have called and said look, I was in an 8 accident and it has to be that because our girl -- I told 9 our girl to order an x-ray, but I hadn't seen her for that. 10 So -- and I hadn't seen her after that for the accident or 11 whatever. 12 She might have called and said look, I was in an 13 automobile accident and I am having neck pain, but there is 14 no notation on here, I didn't see her for that, so I can't 15 testify what that was from. 16 But from that point until this accident, there is 17 no notations I had seen her for that, so apparently it came 18 and went. 19 And you can see on that, if you have a copy of 20 that report, a copy of that was sent to Harry Meyers who is 21 the oral surgeon that did some work on her. MARTSON DEARDORFF WILLIAMS & O'I'1'O M DWi:srO INFORMATION · ADVICE · ADVOCACY 'FEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www. rndwo.com January 16, 2003 ATTORNEYS ~ COUNSEI. LORS AT LAW WILLIAM E MARTSON JO.N B. FOWLER III EDWARD L. SCHORPP [)ANIEL K. DEARDORFF TSqOMAS J. WILLIAMS * lDO V. O~ro III GEORGE B. FALLER JR.* CARL C. RlscH MARK A. DENLINGER DAVID R. GALLOWAY ANTHONY T. LUCIDO · BOARD CERTIFIED CIVIL TRIAL SPECIALIST George Harhigh, D.O. 25 South 35th Street Camp Hill, PA 17011 Marie Mitchell and George Mitchell, his wife v. Lynn A. Shumaker No. 02-1348-Cumberland County C.C.P. Our File No. 3050.199 Dear Dr. Harhigh: You may recall that we issued a subpoena for your entire office chart for Marie Mitchell and you sent that to me in December; however, at your deposition on January 2, 2003, you mentioned that what you sent us was only Volume 3 of her chart. I am requesting copies of the first two Volumes; that is, we need the entire office chart that you have for Marie Mitchell. As this case is in litigation, and there is an issue regarding the cause of her neck surgery, the entire past medical history must be explored. As this case may be coming up for trial in the near future, it is important that we receive the entire chart of Marie Mitchell as soon as possible. Thank you for your assistance in this matter. Very truly yours, MARTSON DEAKDORFF WILLIAMS & OTTO Thomas J. Williams TJW/tde cc: Richard A. Sadlock, Esquire Mr. David F. Hershey (PAE0525293) F:\FI LES\DATAFILE\DONEGAL. LTR\ 199.gh2 I N F O R M A T 10 N · A D V I C E · A D v O c: A C' V s,,, EXHIBIT "g" CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Motion for Continuance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 MARTSON DEARDORFF WILLIAMS & OTTO Jody CB~ore Ten East'High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 14, 2003 MARIE MITCHELL and GEORGE MITCHELL, his wife, Plaintiffs Vo LYNN A. SHUMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1348 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of February, 2003, upon consideration of Defendant's Motion for Continuance, and upon relation of Defendant's counsel, Thomas J. Williams, Esq., that the motion is moot because the case has been stricken from the trial list by the Honorable Edward E. Guido, Esq.~ the motion is deemed moot. Richard A. Sadlock, Esq. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs BY THE cOURT, J. y~esley Oler, .Jr., J. / Thomas J. Williams, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Defendant ,2- ,,7 .~', 03 irc PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) MARIE MITCHELL and GEORGE MITCHELL, her husband Plaintiffs LYNN A. SHUMAKER, Defendant (check one) ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) Other The trial list will be called on June 10, 2003. Trials commence on July 7, 2003. Pre-trials will be held on June 18, 2003. (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1 .) No. 02-1348 Civil Indicate the attorney who will try case for the party who files this praecipe: Richard A. Sadlock, Esquire, Angino & Rovner, P.C. 4503 North Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Thomas J. Williams, Esquire, Martson, Deardorff, 'Williams & Otto Ten East High Street, Carlisle, PA 17013 This case is ready for trial. Date: April 11, 2003 Pr~['~~~i~f:quire 248234.1 ~AS\MLB LYNN A. #9 MARIE MITCHELL and : IN THE COURT OF COMMON PLEAS OF GEORGE MITCHELL, his wife, : CUMBERLJ~'qD COUNTY, PENNSYLVANIA Plaintiffs : : v. : NO. 02-1348 CIVIL TERM : SHUMAKER, : CIVIL ACTION - LAW ~ c~ Defendant : JURY TRIAL DEMANDED ~ <~ IN RE: PRETRIAL CONFERENCE _~i. At a pretrial conference held Wednesda~~. Jun.e~ 18, 2003, before the Honorable Edward E. Guido, present¢~for --o ~e Plaintiffs was Richard A. Sadlock, Es~ire, and present ~r Defendant was Thomas J. Williams, Esquire. This is a vehicular accident in which negligence is admitted by the Defendant but causation is disputed. This involves a limited tort policy where the Defendant is arguing that no serious bodily injury was sustained. The parties estimate that this case will take current offer is at two days to try. Neither party has any conflicts. The parties are asking for guidance from the Court on whether it will use the new suggested standard jury instruction that replaces the substantial factor charge on causation. I have let this matter to the discretion of the trial judge. The parties are directed to submit their proposed point for charge in that regard at the coramencement of trial. Settlement negotiations are ongoing. The Plaintiffs' current demand is at $80,0011.00. The Defendant's $40,000.00. Settlement is a possibility in this case. Edward E. Guido, J. Richard A. Sadlock, Esquire Attorney for Plaintiffs Thomas J. Williams, Esquire Attorney for Defendant Court Administrator srs MARIE MITCHELL and GEORGE MITCHELL, his wife Plaintiffs LYNN A. SHUMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1348 CIVIL ACTION - LAW JURY TR1AL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. Dated:~~~ 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 MARTSON DEARDORFF WILLIAMS & OTTO Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 11, 2003