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Home My WebLink About06-3214 CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs, V. LORI K RADLE 154 Cedar Lane Carlisle, Cumberland County, PA 17013 Defendant TO THE PROTHONOTARY: JURY TRIAL Please issue a Writ of Summons on behalf of Plaintiffs, C lette L. Gable and Todd D. Gable, husband and wife, and against Defendant Lori K. Radle. The last known precise residence of Defendant Lori K Ra lle is 154 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013. Please direct service of the Writ of Summons upon Defen?ant Lori K Radle by the Sheriff of Cumberland County. KLtIN,I P.C. Date: June 6, 2006 IN THE COURT O COMMON PLEAS OF CUMBERLAN COUNTY, PENNSYLVANIA CIVIL ACTION - JAW NO.: By. I.D. No.: 09825 500 North Third Stre Suite 700 Harrisburg, PA 1711 (717) 233-0132 Attorneys for Plainti a "V tJ •\ t7 n o ?? nit; Commonwealth of Pennsylv County of Cumberland WRIT OF SUMMONS Court of Common CARLETTE L. GABLE and TODD D. GABLE, husband and wife Plaintiff Vs. No 06-3214 LORI K RADLE 154 CEDAR LANE CARLISLE PA 17013 In CivilAc Defendant To LORI K RADLE, You are hereby notified that CARLETTE L. AND TOD D. GABLE, husband and wife the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may b entered against you. (SEAL) Curtis R. Long Prothonotary Date JUNE 6, 2006 By Attorney: Name: MARK S. SILV ER, ESQ. Address: 500 N THIRD ST - STE 700 HARRISBURG PA 17101 Attorney for: Plaintiff Telephone: (717) 233-0132 Supreme Court ID No. 09825 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, V. LORI K. RADLE, Defendant. CIVIL DIVISION NO. 06-3214 PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 v. LORI K. RADLE, Defendant. (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Lori K. Radle, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: D: Rauch, Esquire ;el for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of '2006. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: - 00, -1 K vin . Rauch, Esquire Counsel for Defendant N d fl U ? -v tJC? cn I - W ^? cn D- CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL LORI K. RADLE . 154 Cedar Lane Carlisle, Cumberland County, PA JURY TRIAL DEMANDED 17013 Defendant PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons in the above-captioned case on behalf of Plaintiffs, Carlette L. Gable and Todd D. Gable, husband and wife, and against Defendant Lori K. Radle. The last known precise residence of Defendant Lori K. Radle is 154 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013. Please direct service of the Writ of Summons upon Defendant Lori K. Radle by the Sheriff of Cumberland County. Date: September 6, 2006 J PSar§dVW' KL IN, P.C. By: MEsquire I.D. No.: 09825 500 North Third Street Suite 700 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs ° " i't <- ?- ? max;` !? ?,? ? ? 7 i cx? .:? E `, '?? ? 4 . ? ? ! ?' ?.^i ? 'i- j"' (i i r ' . . .? ? A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, V. LORI K. RADLE, Defendant. CIVIL DIVISION NO. 06-3214 PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Carletta Gable and Todd Gable, her husband, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & $KEEL, L.L.P. By: ? U 1, -W w? Kevin D. Rauch, Esquire Counsel for Defendant 16 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of September, 2006. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.I.P. By: Ketin O. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. (Jury Trial Demanded) LORI K. RADLE, Defendant. RULE AND NOW, this , day of Fm , 2006, upon __vr_L consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this-day of , 2006. ,Pr thonot C > e-• tNI) f ? V D CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA JURY TRIAL DEMANDED 17013 Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is 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 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 and 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 Cumberland County Courthouse 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL JURY TRIAL DEMANDED NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la denanda y la notification. Usted debe prensentar una apariencia escrita or en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no de difiende, 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 ostros derechos imprtantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIANTEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Courthouse 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs Carlette L. Gable and Todd D. Gable, wife and husband, by and through their attorneys Joseph A. Klein, P.C., and file this Complaint against Lori K. Radle, Defendant upon a cause of action more fully set forth as follows: 1. Plaintiff Carlette L. Gable is and was at all times relevant hereto an adult American citizen of the Commonwealth of Pennsylvania, residing together with her husband, Plaintiff Todd D. Gable at 6117 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 2. Plaintiff Todd D. Gable is and was at all times relevant hereto an adult American citizen of the Commonwealth of Pennsylvania, residing together with his wife, Plaintiff Carlette L. Gable at 6117 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant Lori K. Radle is and was at all times relevant hereto an adult American citizen of the Commonwealth of Pennsylvania residing at 154 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013. 4. The within civil action was commenced by the filing of a Praecipe for Writ of Summons with the Office of the Prothonotary of Cumberland County, Pennsylvania, on June 6, 2006, which Writ was subsequently reissued by the Prothonotary on September 8, 2006. Service of said Writ of Summons as reissued by the Office of the Prothonotary of Cumberland County was made by the Sheriff of Cumberland County on September 26, 2006, by personally handing a copy thereof to said Defendant, Lori K. Radle. 5. The events giving rise to the instant cause of action occurred on June 10, 2004, at or about 5:00 p.m. on State Route 0944, known as Wertzville Road in East Pennsboro Township, Cumberland County, Pennsylvania. 6. At all times relevant hereto, and at the location herein involved, Wertzville Road was a two-lane paved roadway extending generally in an East/West direction, providing one (1) lane for eastbound traffic and one (1) lane for westbound traffic. 7. At the aforesaid time and place, Plainitff Carlette L. Gable was the seat- belted operator of her 2004 Kia Sedan bearing Pennsylvania Registration Plate number FLW1604, and was proceeding in a westbound direction in the westbound lane of Wertzville Road, approximately mid-block in the 800 block of Wertzville Road, approaching its intersection further to the West with Magaro Road. At the aforesaid time and place, Defendant Lori K. Radle was operating a 2000 Dodge Durango automobile bearing Pennsylvania Registration Plate number EWA1348, owned by her husband, Joseph L. Radle, in a westbound direction, directly behind and to the rear of the aforesaid westbound vehicle owned and operated by Plaintiff Carlette L. Gable. 9. At the aforesaid time and place, Plaintiff Carlette L. Gable gradually operated her westbound vehicle to a complete stop in the westbound lane of Wertzville Road as traffic ahead of her (to the West) had stopped to permit the first car in that approximately four-car line of traffic to turn left, or to the South onto Magaro Road when Defendant Lori K. Radle caused the aforesaid vehicle she was then and there operating to collide suddenly, violently, and without warning directly into the rear of the vehicle owned, operated, and occupied by Plaintiff Carlette L. Gable. 10. The aforesaid rear-end collision between the vehicle operated by Defendant, Lori K. Radle and that operated by Plaintiff, Carlette L. Gable was caused solely by and was the direct, proximate, sole and exclusive result of the negligence, recklessness and carelessness of the Defendant Lori K. Radle in her operation of the aforesaid 2000 Dodge Durango, and was not caused in any manner whatsoever by any act or failure to act on the part of Plaintiff Carlette L. Gable. 11. The negligence, recklessness and carelessness of the Defendant Lori K. Radle in causing the aforesaid collision consisted of her: (a) Failure to operate and control her vehicle with due care; and (b) Failure to keep alert and maintain a proper lookout for the presence of other vehicles lawfully on the highway; and (c) Failure to have her vehicle under adequate and proper control so as to avoid striking Plaintiff Carlette L. Gable's vehicle; and (d) Failure to stop, change direction of, or otherwise avoid impact with the vehicle ahead, operated by Plaintiff Carlette L. Gable, within the assured clear distance ahead, in violation of 75 Pa. C.S.A. Section 3361; and (e) Continuing to operate her vehicle in a direction toward Plaintiff Carlette L. Gable's vehicle when Defendant saw, or in the exercise of reasonable diligence, should have seen that further operation of her vehicle in that direction would result in a collision; and (f) Failure to sound a horn or give other warning of the approach of her vehicle; and (g) Failure to operate the brakes in such a manner so that her vehicle could be stopped in time to avoid the collision with Plaintiff Carlette L. Gable's vehicle; and (h) Failure to avoid striking the stopped vehicle operated by Plaintiff Carlette L. Gable when said Defendant saw, or in the exercise of due care, should have seen Plaintiffs vehicle was on the road immediately ahead of her and was in full, unobstructed view of the Defendant; and (i) Failure to operate her vehicle around Plaintiff Carlette L. Gable's vehicle instead of colliding into it; and 0) Operating her vehicle with careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. Section 3714; and (k) Operating her vehicle upon the highways and streets of the Commonwealth of Pennsylvania in utter disregard of the rights and safety of others lawfully upon such highways; and (1) Operating her vehicle in a manner which is in violation of the laws of the Commonwealth of Pennsylvania with respect to the operation of motor vehicles upon public highways; and (m) Failure to exercise that degree of care for the rights and safety of Plaintiff Carlette L. Gable as required of the Defendant under the law; and (n) Failure to operate her vehicle at a speed which was reasonable or prudent under the conditions, giving due regard to the actual and potential hazards then existing, in violation of 75 Pa. C.S.A. Section 3361; and (o) Continuing to operate her vehicle in a westbound direction on Wertzville Road and toward the Plaintiff Carlette L. Gable's vehicle when Defendant saw, or in the exercise of reasonable diligence, should have seen that further operation in that direction would result in a collision; and (p) Failure to operate her vehicle in an attentive manner and failure to maintain a sharp lookout on the road ahead for surrounding traffic conditions; and (q) Failure to avoid colliding into the rear of the vehicle owned, operated and occupied by Plaintiff Carlette L. Gable when the Defendant, Lori K. Radle saw, or in the exercise of due care should have seen that Plaintiffs vehicle was on the road immediately ahead and was stopped in a line of traffice on Wertzville Road, and which was in full unobstructed view of Defendant Lori K. Radle at all times relevant hereto. FIRST CLAIM Carlette L. Gable, Plaintiff v. Lori K. Radle, Defendant 12. Paragraphs 1 through and including Paragraph 11 of this Complaint are incorporated herein by reference as though fully set forth at length. 13. As a direct, proximate, sole and exclusive result of the negligence of Defendant Lori K. Radle in causing the rear-end collision as set forth in Paragraphs 1 thorugh and including 11 of this Complaint, Plaintiff Carlette L. Gable was thrust violently about the interior of her vehicle causing her to sustain the following serious, severe, and painful injuries, some of which are of a permanent nature, and include the following: (a) Injuries and damages in and about the muscles, ligaments, tissues, vessels, nerves, and the bones of the head, neck, back, chest, shoulders, arms, hips, legs, knees, and hands; and (b) Strain and sprain throughout the cervical, thoracic, lumbosacral, and sacral spines; and (c) Sprains and strains with associated pain, discomfort, and limitations on range of motion throughout the cervical, thoracic, lumbar, and sacral spine areas, extending into and through the areas of the cervical, thoracic, lumbar, and sacral spines; and (d) Chronic and constant neck (cervical spine) pain with referred/radiating symptoms to the left shoulder girdle with associated sharp, stabbing, and burning pain referred into left and right shoulders and down the left forearm and into the left hand; and (e) Numbness and paresthesias in left and right hands; and (f) Aggravation and exacerbation of pre-existing neck and spinal conditions from which Plaintiff, Carlette L. Gable had been asymptomatic until the instant rear-end motor vehicle collision; and (g) Significant whiplash injury with cervical pain and radiculopathy through left and right upper extremities; and (h) Cervical myofascial pain; and (i) Carpal tunnel syndrome on the left wrist; and 0) Thoracic outlet syndrome on the left; and (k) Bridging syndesmophyte at C4-5 resulting in accelerated degeneration at said level leading to a revision anterior cervical spine reconstruction surgical procedure on March 23, 2005, when an anterior cervical discectomy and fusion at a junctional level at C4-5 and plating at C4-5 was performed upon her; and (1) A permanent, visible, disfiguring atrophic curvilinear scar 6.0 centimeters in length, 0.6 centimeters in width, located on the visible anterior (front) portion of the neck, having raised edges, which falls against the normal tension lines of the neck, resulting from the anterior cervical spine reconstruction surgical procedure performed March 23, 2005; and (m) Chronic and recurrent migraine and non-migraine headaches; and (n) Mental depression, confusion, disorientation and associated disorders, some of which required hospitalization which resulted from the use of various medications prescribed to enable Plaintiff Carlette L. Gable to attempt to cope with her pain and discomfort; and (o) Restrictions and limitations on range of motion of the neck, shoulders, arms, hands, fingers, legs, and knees; and (n) Pain and discomfort resulting from the injuries sustained, set forth hereinabove in Paragraph 14 (a) through (o), incorporated herein by reference, and all treatments, courses of treatments, surgical procedures, courses of physical therapy and rehabilitation, diagnostic studies and tests performed, and recuperative periods following each thereafter. 14. As a further direct and proximate result of the negligence of Defendant Lori K. Radle in causing the aforesaid collision and Plaintiff Carlette L. Gable to sustain the injuries set forth in Paragraph 13 of this Complaint, incorporated herein by reference, Plaintiff Carlette L. Gable has incurred in the past and may in the future continue to incur costs and expenses for medical care and treatment, some portion of which may exceed the sums recoverable under the limitations set forth in the Motor Vehicle Financial Responsibility Law, Act of February 12, 1984 (P.L. 26, No. 11), as amended, 75 Pa. C.S.A § 1711, et seq., and claim is made therefor. 15. As a further direct and proximate result of the negligence of Defendant Lori K. Radle in causing the collision as aforesaid and Plaintiff Carlette L. Gable to sustain the injuries set forth in Paragraph 13 of this Complaint, incorporated herein by reference, Plaintiff has suffered a permanent impairment of her earning capacity and loss of past, present, and future earnings which sums may not be recoverable by Plaintiff, Carlette L. Gable under the provisions of the Motor Vehicle Financial Responsibility Law, supra. as amended, and claim is made therefor. 16. As a further direct and proximate result of the negligence of Defendant Lori K. Radle in causing the collision as aforesaid and Plaintiff Carlette L. Gable to sustain the injuries set forth in Paragraph 13 of this Complaint, incorporated herein by reference, Plaintiff Carlette L. Gable has undergone mental and physical pain and suffering, anguish, humiliation, and loss of life's pleasures, with limitations on her pursuit of the ordinary daily activities, all to her great loss and detriment, and claim is made therefor. 17. As a further direct and proximate result of negligence of Defendant Lori K. Radle in causing the collision as aforesaid and Plaintiff Carlette L. Gable to sustain the injuries set forth in Paragraph 13 of this Complaint, incorporated herein by reference, Plaintiff Carlette L. Gable does presently and will in the future undergo mental and physical pain and suffering, anguish, humiliation, loss of life's pleasures, with limitation on her pursuit of ordinary daily activities, all to her great loss and detriment, and claim is made therefor. WHEREFORE, Plaintiff Carlette L. Gable claims damages from and demands judgment against Defendant Lori K. Radle in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars excluding interest and costs as further claimed, an amount in excess of any jurisdictional amount requiring compulsory arbitration. SECOND CLAIM Todd D. Gable, Plaintiff v. Lori K. Radle, Defendant 18. Paragraphs 1 through and including Paragraph 17 of this Complaint are incorporated herein by reference as though fully set forth at length. 19. As a further direct and proximate result of the aforesaid injuries sustained by Plaintiff Carlette L. Gable, which were caused solely, directly and proximately by the negligence, carelessness and recklessness of Defendant Lori K. Radle as previously set forth, Plaintiff Todd D. Gable has in the past, does presently, and will continue in the future to be deprived of the society, services, assistance, companionship, comfort and affection of his spouse, Plaintiff Carlette L. Gable, all to his great damage and loss, and claim is hereby made by said Plaintiff Todd D. Gable for such loss of consortium. WHEREFORE, Plaintiff Todd D. Gable claims damages from and demands judgment against Defendant Lori K. Radle in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, excluding interest and costs as further claimed, an amount in excess of any jurisdictional amount requiring compulsory arbitration. J EP A. KLEIN, P.C. i By: Mark . er, squire I.D. No. 09825 500 North Third Street, 7'h Floor P.O. Box 1152 Date: October 18, 2006 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable. wife and husband VERIFICATION The undersigned Todd D. Gable, hereby verifies and states that: 1. He is one of the named Plaintiffs herein; and 2. The facts set forth in the foregoing COMPLAINT are true and correct to the best of his knowledge, information and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: Todd D. Gable VERIFICATION The undersigned, Carlette L. Gable, hereby verifies and states that: She is one of the named Plaintiffs herein; and 2. The facts set forth in the foregoing COMPLAINT are true and correct to the best of her knowledge, information and belief; and 3. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: )0. f g r 000 NR& Y) Carlette L. Gable CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiffs, do hereby certify that on this date I served the foregoing COMPLAINT by placing a true and correct copy of the same in the United States Mail, postage pre-paid, deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant as follows: Kevin D. Rauch, Esquire Summers, McDonnel, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Lori K. Radle, Defendant Date: October 19, 2006 JO )EPH . KLEIN, P.C. By: hl ark . i er, Esquire I.D. No. 09825 500 North Third Street, 7"' Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable wife and husband r.a S ri cl; ' Q YT . -TF ""? ? zL ?li ?f a'T Y i _a? ? • dr• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, CIVIL DIVISION NO. 06-3214 V. LORI K. RADLE, Defendant. TO: Plaintiffs You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from servicees? hereo a foment may ? er}t? o 9ai st //p?G. Sumghers,'McDonnell, Hudock, Gutljrie & Skeel, L.L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Lori K. Radle, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After a reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth or falsity of the allegations of paragraph 1, and therefore said allegations are denied and strict proof thereof is demanded at the time of trial. 2. After a reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth or falsity of the allegations of paragraph 2, and therefore said allegations are denied and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that a collision occurred between the parties' respective motor vehicles on the date, time, and place in question. The remaining allegations are legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of her motor vehicle on the date, time, and place in question. The remaining allegations are legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. First Claim Carlette L. Gable, Plaintiff v. Lori K. Radle, Defendant 12. In response to paragraph 12, the Defendant reiterates and repeats all of the responses in paragraphs 1 through 11 as though the same were fully set forth at length herein. 13. Paragraph 13 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Lori K. Radle, respectfully respects this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. Second Claim Todd D. Gable, Plaintiff v. Lori K. Radle, Defendant 18. In response to paragraph 18, the Defendant reiterates and repeats all of her responses in paragraphs 1 through 17 as though the same were fully set forth at length herein. 19. Paragraph 19 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Lori K. Radle, respectfully respects this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 20. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 21. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 22. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 23. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, the Defendant, Lori K. Radle, respectfully respects this Honorable Court enter judgment in her favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & S)KEEk*,,b.P. BY: `tom/ T" vin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has fumished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. l? r Date: ?/ 06 Lori K. Radle #14856 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this A 2!s, day of , 2006. agh-d Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.LJR. By: !fie in E Rauch, Esquire Co nsel for Defendant -TI - -1-a f I I C 7 i rn Co < CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL JURY TRIAL DEMANDED PLAINTIFFS' CARLETTE L. GABLE AND TODD D. GABLE. HER HUSBAND. REPLY TO NEW MATTER OF DEFENDANT. LORI K. RADLE AND NOW, come the Plaintiffs, Carlette L. Gable and Todd D. Gable, husband and wife, by and through their counsel, Joseph A. Klein, P.C., and Mark S. Silver, Esquire, and file the following Reply to Defendant's New Matter: 20. Denied. The averments contained in Paragraph 20 of Defendant's New Matter constitute conclusions of law to which no responsive pleading is required. Alternatively, if a response is deemed to be required, the averments contained therein are generally and specifically denied; strict proof thereof is demanded at trial. 21. Denied. The averments contained in Paragraph 21 of Defendant's New Matter constitute conclusions of law to which no responsive pleading is required. Alternatively, if a response is deemed to be required, the averments contained therein are generally and specifically denied; strict proof thereof is demanded at trial. Plaintiffs' causes of action are recoverable in full under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. Denied. The averments contained in Paragraph 22 of Defendant's New Matter constitute conclusions of law to which no responsive pleading is required. Alternatively, if a response is deemed to be required, the averments contained therein are generally and specifically denied; strict proof thereof is demanded at trial. Further, Plaintiff wife Carlette L. Gable averred facts with specificity in Paragraph 13 of the Complaint filed in this matter, incorporated herein by reference, that she sustained multiple serious, severe, and painful injuries, some of which are of a permanent nature, and include the following, all of which are incorporated herein specifically by reference: (a) Injuries and damages in and about the muscles, ligaments, tissues, vessels, nerves, and the bones of the head, neck, back, chest, shoulders, arms, hips, legs, knees, and hands; and (b) Strain and sprain throughout the cervical, thoracic, lumbosacral, and sacral spines; and (c) Sprains and strains with associated pain, discomfort, and limitations on range of motion throughout the cervical, thoracic, lumbar, and sacral spine areas, extending into and through the areas of the cervical, thoracic, lumbar, and sacral spines; and (d) Chronic and constant neck (cervical spine) pain with referred/radiating symptoms to the left shoulder girdle with associated sharp, stabbing, and burning pain referred into left and right shoulders and down the left forearm and into the left hand; and (e) Numbness and paresthesias in left and right hands; and (f) Aggravation and exacerbation of pre-existing neck and spinal conditions from which Plaintiff, Carlette L. Gable had been asymptomatic until the instant rear-end motor vehicle collision; and (g) Significant whiplash injury with cervical pain and radiculopathy through left and right upper extremities; and (h) Cervical myofascial pain; and (i) Carpal tunnel syndrome on the left wrist; and 0) Thoracic outlet syndrome on the left; and (k) Bridging syndesmophyte at C4-5 resulting in accelerated degeneration at said level leading to a revision anterior cervical spine reconstruction surgical procedure on March 23, 2005, when an anterior cervical discectomy and fusion at a junctional level at C4-5 and plating at C4-5 was performed upon her; and (1) A permanent, visible, disfiguring atrophic curvilinear scar 6.0 centimeters in length, 0.6 centimeters in width, located on the visible anterior (front) portion of the neck, having raised edges, which falls against the normal tension lines of the neck, resulting from the anterior cervical spine reconstruction surgical procedure performer) March 23, 2005; and (m) Chronic and recurrent migraine and non-migraine headaches; and (n) Mental depression, confusion, disorientation and associated disorders, some of which required hospitalization which resulted from the use of various medications prescribed to enable Plaintiff Carlette L. Gable to attempt to cope with her pain and discomfort; and (o) Restrictions and limitations on range of motion of the neck, shoulders, arms, hands, fingers, legs, and knees; and (n) should be (p) Pain and discomfort resulting from the injuries sustained, set forth hereinabove in Paragraph 13 (a) through (o), incorporated herein by reference, and all treatments, courses of treatments, surgical procedures, courses of physical therapy and rehabilitation, diagnostic studies and tests performed, and recuperative periods following each thereafter. As a result, the Pennsylvania Motor Vehicle Responsibility Law does not serve as a bar to the Plaintiffs' ability to recover non-economic damages. Plaintiffs' causes of action are recoverable in full under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 23. Denied. The averments contained in Paragraph 23 of Defendant's New Matter constitute conclusions of law to which no responsive pleading is required. Alternatively, if a response is deemed to be required, the averments contained therein are specifically denied. Further, and to amplify the disengenuous nature of this averment in Defendant's New Matter, are the facts set forth in Paragraphs 4, 5, 6, 7, 8, 9, and 10, of Plaintiffs' Complaint and the admission to each of those averments in the corresponding Paragraphs of Defendant's Answer (Plaintiffs' Complaint and Defendant's Answer incorporated herein by reference), all of which by the admission thereto by Defendant, demonstrate that Plaintiffs' causes of action were timely filed in accordance with and in satisfaction of any and all applicable statutes of limitation pertaining to actions filed pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiffs, Carlette L. Gable and Todd D. Gable, her husband, respectfully request this Honorable Court to enter Judgment in their favor and against Defendant Lori K. Radle, together with costs and prejudice imposed. JO EPH . KLEIN, P.C. r t By: ark . Silver, Esquire I.D. No. 09825 500 North Third Street, 7" Floor P.O. Box 1152 Date: December 7, 2006 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable. wife and husband VERIFICATION The undersigned, Carlette L. Gable, hereby verifies and states that: 1. She is one of the named Plaintiffs herein; and 2. The facts set forth in the foregoing REPLY TO NEW MATTER are true and correct to the best of her knowledge, information and belief; and 3. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: mouo [?&& Y. &,Ak---- Carlette L. Gable VERIFICATION The undersigned Todd D. Gable, hereby verifies and states that: 1. He is one of the named Plaintiffs herein; and 2. The facts set forth in the foregoing REPLY TO NEW MATTER are true and correct to the best of his knowledge, information and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: /a f Vo G Todd D. Gable CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiffs, do hereby certify that on this date I served the foregoing PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER by placing a true and correct copy of the same in the United States Mail, postage pre-paid, deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Lori K. Radle, Defendant Date: December 7, 2006 . KLEIN, P.C. JOH t By: Mark S. ilv squire I.D. No. 09825 500 North Third Street, 7'h Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable wife and husband r f _/f CD .? SHERIFF'S RETURN - REGULAR CASE NO: 2006-03214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GABLE CARLETTE L ET AL VS RADLE LORI K TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RADLE LORI K DEFENDANT the at 1755:00 HOURS, on the 26th day of September, 2006 at 154 CEDAR LANE CARLISLE, PA 17013 LORI RADLE 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: So Answers: Docketing 18.00 Service 8.80 Postage .39 Surcharge 10.00 R. Thomas Kline .00 37.19i/ 09/27/2006 fv f?r04 n JOSEPH KLEIN Sworn and Subscibed to By: before me this day De ty Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. DEFENDANT'S MOTION TO COMPEL DISCOVERY LORI K. RADLE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Andrew D. Zeiter, Esquire Pa. I.D. #93601 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) DEFENDANT'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS BEFORE HESS. J. AND NOW, comes the Defendant, Lori K. Radle, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Andrew D. Zeiter, Esquire, and files the following Motion to Compel Discovery Answers and Responses and in support thereof avers the following: 1. On November 1, 2006, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated November 1, 2006, is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rules of Civil Procedure 4009, Plaintiffs responses to Defendant's Interrogatories and Request for Production of Documents should have been received by December 1, 2006. 3. On December 4, 2006, Defendant's counsel forwarded a letter to Plaintiffs counsel requesting the discovery responses. (A true and correct copy of correspondence between the parties dated December 4, 2006, is attached hereto as Exhibit "B".) 4. On December 18, 2006, Defendant's counsel forwarded a second letter to Plaintiffs counsel requesting Plaintiff's discovery responses. (A true and correct copy of correspondence between the parties dated December 18, 2006, is attached hereto as Exhibit "C".) 5. On December 26, 2006, Defendant's counsel granted Plaintiffs counsel and extension to provide discovery responses within the first week of January, 2007. (A true and correct copy of correspondence between the parties dated December 26, 2006, is attached hereto as Exhibit "D".) 6. To date, Defendant has not received any further correspondence from Plaintiff or Plaintiffs counsel regarding Defendant's Interrogatories or Request for Production of Documents. 7. It is necessary for the proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an order directing Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to Plaintiffs within twenty (20) days or suffer additional sanctions. 9. Counsel for the Defendant certifies that he has attempted contact with Plaintiffs counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by the Defendant's counsel. WHEREFORE, Defendant, Lori K. Radle, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to the Plaintiff. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 1-2-2-e-1 Andrew D. Zeiter, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO COMPEL DISCOVERY has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of (IM , 2007. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. ® ze, Andrew D. Zeiter, Esquire Counsel for Defendant SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL HARRISBURG OFFICE: JOSEPH A. HUDOCK, JR. 1017 MUMMA ROAD GREGG A. GUTHRIE LEMOYNE, PA 17043 PETER B. SKEEL PHONE: 717-901-5916 PATRICK M. CONNELLY* FAX' 717-920-9129 JEFFREY C. CATANZARITE KEVIN D. RAUCH November 1, 2006 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA *ALSO ADMITTED IN WV Enclosed please find the Defendant, Lori K. Radle's Interrogatories and Request for Production of Documents propounded on the Plaintiff, Carletta Gable. Kindly respond to the same within the timeframe as prescribed by the Pa.R.C.P. Further, I have subpoenaed the Plaintiffs medical records from the following providers: 1. Pinnacle Health - Community General Osteopathic Hospital; 2. Daniel M. Kambic, D.O.; 3. Pinnacle Health - Fredricksen Outpatient Center; 4. PRISM (Dr. Menkin/Dr. Rolle); 5. Central PA Rehabilitation Services; 6. PA Neurosurgery and Neuroscience Institute; 7. Orthopedic Institute of Pennsylvania (Dr. Dailey/Dr. Wolf/Dr. Wolfe); 8. Community Imaging Associates; 9. Quantum Imaging and Therapeutics; 10. Holy Spirit Hospital; and 11. State Farm First Party Benefits File. As my document retrieval company will contact you regarding waiver of the 20- day notice period, kindly agree to the same. I will be sure to provide you with a copy of the records. tYD 'W",? PITTSBURGH OFFIC T .STREET, PITTSBURGH, PA 15219 • SUMMERS, MCDONNEELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 December 4, 2006 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. Dear Mr. Silver: 14856 JASON A. HINES ERIN M. BRAUN Guy E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA *ALSO ADMITTED IN WV After reviewing my file, I noticed that I have not yet received the Plaintiffs written discovery responses. Kindly forward this information to my office as soon as possible. If you should have any questions, please feel free to contact me. Thank you. Very truly yours, Andrew D. Zei er ADZ:Iam PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET, PITTSBURGH, PA 15219 PHONE 412.261-3232 FAX 412-261-3239 STEPHEN J. SUMMERS THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR. GREGG A. GUTHRIE PETER B. SKEEL PATRICK M. CONNELLY* JEFFREY C. CATANZARITE KEVIN D. RAUCH SUMMERS, MCDONNELL, GUTHRIE & SKEEL, ATTORNEYS AT LAW HARRISBURG OFFICE: 1017 MUMMA ROAD LEMOYNE, PA 17043 PHONE: 717-901-5916 FAX: 717-920-9129 December 18, 2006 JASON A. HINES ERIN M. BRAUN Guy E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA *ALSO ADMITTED IN WV Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: H UDOCK, L.L.P. As a follow-up to prior correspondence, I am not in receipt of the Plaintiffs Answers to Interrogatories and Response to Request for Production of Documents. Please forward this information to my office as soon as possible to obviate the necessity of filing a Motion to Compel. If you should have any questions, please feel free to contact me. Thank you. Very truly yours, L; Andrew D. Zeiter ADZ:Iam PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET, PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412-261.3239 SUMMERS, MCDONNELL, HUDOCK, ' GUTHRIE & SKEEL, L.L.P. ' ATTORNEYS AT LAW STEPHEN J. SUMMERS HARRISBURG OFFICE: THOMAS A. MCDONNELL JOSEPH A. HUDOCK, JR. 1017 MUMMA ROAD GREGG A. GUTHRIE LEMOYNE, PA 17043 PETER B. SKEEL PHONE: 717-901-5916 PATRICK M. CONNELLY* FAX: 717-920-9129 JEFFREY C. C.ATANZARITE KEVIN D. RAUCH December 26, 2006 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: JASON A. HINES ERIN M. BRAUN Guy E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO JASON P WRONA *ALSO ADMITTED IN WV Please allow this correspondence to confirm our telephone conversation, wherein we agreed that you would provide the Plaintiffs written discovery responses sometime during the first week of January 2007. If you should have any questions, please feel free to contact me. Thank you. Very truly yours, ? P U Andrew D. Zeiter ADZ:Iam PITTSBURGH OFFICE: GULF TOWER. SUITE 2400, 707 GRANT .STREET, PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 412.261.3239 w l ? G 4?l - y FEB 012007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this 1" day of 2007, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiffs, Carletta Gable and Todd Gable provide Defendant, Lori K. Radle, with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. BY THE COURT: y , J. ?? )CI A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, CIVIL DIVISION NO. 06-3214 v. LORI K. RADLE, Defendant. MOTIONS FOR SANCTIONS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 30(:) Lemoyne, PA 17043 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. (Jury Trial Demanded) LORI K. RADLE, Defendant. DEFENDANT'S MOTION FOR SANCTIONS PURSUANT TO Pa.R.C.P. 4019 AND NOW, comes the Defendant, Lori K. Radle, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion for Sanctions, and in support thereof, avers the following: 1. On November 1, 2006, Defendant served the Interrogatories and Request for Production of Documents relative to the above-referenced matter. ()a true and correct copy of the Motion to Compel between the parties dated January 31, 2007 is attached hereto as Exhibit "A".) 2. In accordance with Pennsylvania Rules of Civil Procedure 4019, Plaintiff's responses to Defendant's Interrogatories and Request for Production of Documents should have been received by December 1, 2006. 3. On December 26, 2006, Defendant's counsel forwardec ;,? letter to Plaintiffs counsel granting the extension which would require the discovery responses to be received by the first week of January, 2007. (A true and correct copy of the Motion to Compel between the parties dated January 31, 2007 is attached hereto as Exhibit "A„) 4 On January 31, 2007, Defendant filed a Motion to Compel the Plaintiff's discovery responses in the above-referenced matter. (A true and correct: copy of the Motion to Compel between the parties dated January 31, 2007 is attached hereto as Exhibit "A".) 5. On February 2, 2007, Judge Ebert ordered the Plaintiff to provide the Defendant with full and complete Answers and Responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days. (A true and correct copy of the Order of February 2, 2007, is attached herE!to as Exhibit "B,,.) 6. On February 9, 2007, Defendant forwarded a letter to opposing counsel enclosing the Judge's Order and requesting the Plaintiff's discovery responses by February 22, 2007. (A true and correct copy of correspondence between the parties dated February 9, 2007 is attached hereto as Exhibit "C".) 7. To date, Defendant has not received any further correspondence from Plaintiff or Plaintiff's counsel regarding Defendant's Interrogatories or Request for Production of Documents. 8. It is necessary for (proper defense of this lawsuit: that Plaintiff' files full and complete responses to Defendant's discovery requests. 9. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order refusing to allow the Plaintiff to introduce any evidence regarding liability or damages. 10, Counsel for the Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set forth above. Despite such attempts by Defendant's counsel, Plaintiff's discovery responses have not been received by Defendant's counsel. WHEREFORE, Defendant, Lori K. Radle, respectfully requests this Honorable Court enter an Order dismissing the Plaintiff's case against the Defendant with prejudice. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant Abb. CERTIFICATE OF SERVICE (HEREBY CERTIFY that a true and correct copy of the foregoing MOTION FOR SANCTIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this , day of _, 2007. (Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY: --- Kevin D. Rauch, Esquire Counsel for Defendant t : i -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V, DEFENDANT'S MOTION TO COMPEL DISCOVERY LORI K:. RADLE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Andrew D. Zeiter, Esquire Pa. I . D.. #93601 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 DEFENDANTS fr? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-:3214 v. (Jury Trial Demanded) LORI L<. RADLE, Defendant. DEFENDANT'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS BEFORE HESS, J. AND NOW, comes the Defendant, Lori K. Radle, by and through her attorneys, E imers, McDonnell, nudock, Guthrie & Skeel, 1 .1 P., and Andrew D. %''e1 Esqu!re, and files the following Motion to Compel Discovery Answers and Responses and in support thereof avers the following: 1. On November 1, 2006, Defendant served Plaintiff with Interrogatories and Request for Production of Documents relative to the above-referenced matter. (A true and correct copy of correspondence between the parties dated November 1, 2006, is attacherl hereto as Exhibit "A".) 2 In accordance with Pennsylvania Rules of Civil Procedure 4009, Plaintiffs responses to Defendant's Interrogatories and Request for Production _)f Documents should have been received by December 1, 2006. 3. On December 4, 2006, Defendant's counsel forwarded a letter to P'laintiff's counsel requesting the discovery responses. (A true and correct copy of . --* correspondence between the parties dated December 4, 2006, is attach(2-id hereto as Exhibit "B".) 4. On December 18, 2006, Defendant's counsel forwarded a second letter to Plaintiff's counsel requesting Plaintiff's discovery responses. (A true and correct copy of correspondence between the parties dated December 18, 2006, is attac.hc-d hereto as Exhibit: 'C".) 5). On December 26, 2006, Defendant's counsel granted Plaintiff's counsel and extension to provide discovery responses within the first week of January, 2007. (A true and correct copy of correspondence between the parties dated December 26, 2006, is attached hereto as Exhibit "D".) 6. To date, Defendant has not received any further correspondence from Plaintiff or Plainti'll s counsel regarding Defenldanlt's Interrogatories or Request for Production of Documents. 7. It is necessary for the proper defense of this lawsuit that Plaintiff file full and complete responses to Defendant's discovery requests. 8. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an order directing Plaintiff LO provide Defendant with full and complete answers and responses to defendant's Interrogatories and Request for Production of Documents to Plaintiffs within twenty (20) days or suffer additional sanctions. 9. Counsel for the Defendant certifies that he has attempted contact with Plaintiff's counsel in an effort to resolve this discovery dispute as set: forth above. 140. Despite such attempts by Defendant's counsel, however, Plaintiffs discovery responses have not been received by the Defendant's counsel. WHEREFORE, Defendant, Lori K. Radle, respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide Defendant with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents to the Plaintiff. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 2 Fa Andrew D i?l. Zeif ler, Esr'quirA„ „ Counsel for Defendant CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S MOTION TO COMPEL DISCOVERY has been mailed key U.?`:>. Mail to counsel of record via first class mail, postage pre-paid, thisday of d&'t4 - , 2007'. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17103 SUMMERS, McDONNELL, HUDOCK, (3'UTHRIE & SKEEL, L.L.P. %'2c? By Andrew D. Zeiter, Esquire Counsel for Defendant - ?} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENf?SYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-1214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this _ day of , 200"7, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiffs, Carletta Gable and Todd Gable provide Defendant, Lori K. Radle, with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. BY THE COURT: J. SUMMERS., MCDONNELL, HIUDOCK, GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAW ST-PHFN J- SUMMEFS JASON A. HINES THOMAS A. MCDONNEL._ HARRISBURG OFFICE: ERIN M, BRAUN JOSEPH A. HUDOCK, JR. 101 7 MUMMA ROAD Guy E. BLASS GREGG A. GUTHRIE LEMOYNE, PA 17043 JENNIFER M. IRVIN PETER B. SKEEL PHONE: 717-901-5916 MARK J. GOLEN PATRICK M. CONNFI.AY' BRETT L. HUSTON JEFFREY C. CATANZAR'-E FAX: 717-920-9129 ROBERT J. FISHER, JR- KEVIN D. RAUCH KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO November 1, 2006 JASON P WRONA ALSO ADMITTED IN WV Mark S,. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE:Gable v. Radle Our File No. 14856 Dear N/Ir. Silver: Enclosed please find the Defendant, Lori K. Radle's Irite rrogatorie.s and Request for Production of Documents propounded on the Plaintiff, Carletta Gable. Kindly respond to the same within the timeframe as prescribed by the Pa.R..C.P. Further, I have subpoenaed the Plaintiffs medical records from the following providers: 1. Pinnacle Health - Community General Osteopathic Hl,-)spital; 2. Daniel M. K:ambic, D.O.; 3. Pinnacle Health - Fredricksen Outpatient. Center; 4. PRISM (Dr. Menkin/Dr. Rolle); 5. Central PA Rehabilitation Services; 6. PA Neurosurgery and Neuroscience Institute; 7. Orthopedic Institute of Pennsylvania (Dr. Dailey/Dr. Wolf/Dr, Wolfe); 8. Community Imaging Associates; 9. Quantum Imaging and Therapeutics; 10. Holy Spirit Hospital; and 11. State Farm First Party Benefits FiIE;. As my document retrieval company will contact you regarding waiver of the 20- day notice period, kindly agree to the same. I will be sure to provide you I,vith a copy of the records. DEFENDANT'S E IB.IT, PITTSBURGH OFFIC 3 - T STREET, PIT'cBURGH. PP !!;219 . SUMMERS,. MCDONNELL, HIUDOCK, 4 GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT L A,w STEPHEN J. SUMMEF:S JAsoN A. HINES THOMAS A. MCOONN._L _ HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK, Ja. 1017 MuMMA ROAD Guy E. BLASS GREGG A. GUTHRIE LEMOYt`:E, PA 17043 JENNIFER M. IRVIN PETER B. SKEEL PATRICK M. CCNNELLY PHONE: 717-`.301-5910 MARK, J. GOLEN BRETT L. HUSTON JEFFREY C. CATAN7A.R:'`E FAX: 717-920-9129 R03ERT J. FISHER, JR. KEVIN D. RA'UCH KIME3LRLy L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO December 4, 2006 JASON P WRONA *ALso ADMITTED IN WV Mark ?;. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: ,After reviewing my file, I noticed that I have not yet received the Plaintiffs written discovery responses. Kindly forward this information to my office as soon as possible. f you should have any questions, please feel free to contact me. Thank you. Very truly yours, Andrew Zeitbr ADZ.:IaITI PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET, PIT SBURGH, PA 15219 PHONE 412-2E 1-3232 FAX 412-261-3239 SUMMERS, MCDONNELIL, HCUDOCK, GUTHRIE & SKEEI_, L.L.P. ATTORNEYS AT LAW STEPHEN J. SUNI+VER.S THOMAS A. McDoNNEL__ HARRISBURG OFFICE: .JOSEPH A. HUDOCK. J?. 1017 MUMM,\ ROAD GREGG A. GUTHRIE LEMOY'JE, PA 17043 PETER B. SKEEL PATRICK M. CCNN=!_? Y' PHONE: 717-901-5916 JEFFREY C. CAFANZAR _E FAX: 717-920-9129 K-vIN D. RAUCH Mark Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 December 18, 2006 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: JASON A. HINES ERIN M. BRAUN GUY E. BLASS JENNIFER M. IRVIN MARK J. GOLEN BRETT L. HUSTON ROBERT J. FISHER, JR. KIMBFRLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LoPICCOLO JASON P WRONA `ALSO ADMITTED IN WV As a follow-up to prior correspondence, I am not in receipt of the Plaintiffs Answers to Interrogatories and Response to Request for Production of Documents. Please forward this information to my office as soon as possible to obviate the necessity of filing a Motion to Compel. f you should have any questions, please feel free to contact me. Thank you. Very truly yours, Andrew D. Zeiter ADZ:IaITI DEFENDANT'S E BIT a PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT '.STREET, PITTSBURGH, PA 15219 PHONE 412-261-3232 FAX 112-261-3239 . SUMMERS, MCDONNELL, H UDOCK , h GUTHRIE & SKEEL, L.L.P. ATTORNEYS AT LAN! STEPHEN J. SUMME- JASON A. HINES THOMAS A. MCOONNE?. _ HARRISBURG OFFICE: ERIN M. BRAUN JOSEPH A. HUDOCK, JP. 1017 MUMMA ROAD Guy E. BLASS GREGG A. GUTHRIE LEPAOYVE, PA 17043 JENNIFER M. IRVIN PETER B. SKEEL PHONE- 717-901-5916 MARK J. GOLEN PATRICK M. CONNE'_LY' BRETT L. HUSTON JEFFREY C. CATANZA'n TE FAX- 717-920-9129 ROBERT J. FISHER, JR. KEVIN D. RAUC:H KIMBERLY L. HENSLEY ANDREW D. ZEITER JESSICA M. JURASKO AMANDA J. LOPICCOLO December 26, 2006 JASON P WRONA *ALSO ADMITTED IN WV Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: Please allow this correspondence to confirm our telephone conver::;ation, wherein we agreed that you would provide the Plaintiffs writtE:n discovery responses sometime during the ?e first week of January 2007. f you should have any questions, please feel free to contact me. Thank you. 'v'ery truly yours, Andrew D. zeiter ADTlarn PITTSBURGH OFFICE: GULF TOWER, SUITE 2400, 707 GRANT STREET. PITTSBURGH P;. 15219 PHONE 412-261-3232 FAX 412-261-3239 w OWN, F*FB 012007 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENRISYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) ORDER AND NOW, TO WIT, this -Z--t day of 2007, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiffs, Carletta Gable and Todd Gable provide Defendant, Lori K. Radle, with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. BY THE COURT: YL E COPY FROM RECO14 In TestImony whereof, I here unto set my ham ind the Seal of said Court at Carlisle, Pa. ?h day o - J C-0 2 DE D ? E IBIT D 9 Prothollf? ?! SUMMERS, McDONNELL, HL)DO(-K GUT'HRIE & SK.EEL L.L,_ P gTTORNE`rS. 7 1Vv S S ---- --°- J .. A H T a M HARRISBURG OFFIc-.E F M B- j A H J r, Wr.. R -„ G E B. G -- A. G P Jr .> M R B S. P M C. _ PHO;F - B- H J is Fe..x R J F K t?_ K L. H c. Z M J, A- J L? February 9, 2007 F= W- ), A L A Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: _Gable v. Radle Our File No. 14856 Dear Mr. Silver: Enclosed please find an Order issued by Judge Ebert regarding Plaintiff's discovery response. Please forward this information within the time limit imposed by the Order. If you should have any questions regarding the above, please feel free to contact me. Thank you. Very truly yours, Amanda J. LoPiccolo AJL:kat Enclosure E DANT'S IBIT M-WE 7V PITTSBURGH OFFICF G S. t-, q P P- F:., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. PRAECIPT TO WITHDRAW MOTIONS FOR SANCTIONS LORI K. RADLE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, CIVIL DIVISION NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) PRAECIPE TO WITHDRAW MOTION FOR SANCTIONS To: Prothonotary Kindly withdraw Defendant's Motion for Sanctions pursuant to Pa. R.C.P. 4019. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: 1444-d' /j4,) Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW MOTION FOR SANCTIONS has been mailed by U.S..Mail to counsel of record via first class mail, postage pre-paid, this 4zQ?y\_1 day of 2007. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. Kevin D. Rauch, Esquire Counsel for Defendant ?? ? C? c ?_y -3- ?? -?' c ;` ; ? ?- ?..,,. ... -d?1 -=? [ ?1-{ ? l Y °1 h , ' V r ` ? CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA JURY TRIAL DEMANDED 17013 Defendant CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiffs, do hereby certify that on this date I served the foregoing ANSWERS TO INTERROGATORIES by placing a true and correct copy of the same in the United States Mail, postage pre-paid, deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant as follows: Kevin D. Rauch, Esquire Summers, McDonnel, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Lori K. Radle, Defendant Date: June 4, 2007 JOSEPH A. KLEIN, P.C. By: 'U d Mar . S1 ver, Esquire I.D. No. 09825 500 North Third Street, 7' Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable wife and husband .y?y.? CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. LORI K. RADLE 154 Cedar Lane IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL Carlisle, Cumberland County, PA JURY TRIAL DEMANDED 17013 Defendant CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiffs, do hereby certify that on this date I served the foregoing RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS by placing a true and correct copy of the same in the United States Mail, postage pre-paid, deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant as follows: Kevin D. Rauch, Esquire Summers, McDonnel, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Lori K. Radle, Defendant JOS H A. KLEIN, P.C. Date: June 4, 2007 By: Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7U' Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable wife and husband C - ^O r 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, V. LORI K. RADLE, Defendant. CIVIL DIVISION NO. 06-3214 MOTION TO COMPEL EXECUTED AUTHORIZATIONS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 f r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) MOTION TO COMPEL EXECUTED AUTHORIZATIONS AND NOW, comes the Defendant, Lori K. Radle, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Executed Authorizations and in support thereof avers as follows: 1. This matter arises out of a motor vehicle accident which occurred on June 10, 2004. 2. As a result of this accident, Plaintiff Carletta Gable filed a Complaint sounding in negligence. Paragraph 13(n) of the Complaint alleges mental health injury caused by the accident. 3. Riegler, Shienvold & Associates, Guidance Associates of Pennsylvania, and Dr. Jagadeesh Moola provide mental health care. (A true and correct copy of printouts from internet web pages indicating the same is attached hereto as Exhibit "A") i i 4. Plaintiff testified at her deposition that she received psychological treatment prior to the accident with Guidance Associates of Pennsylvania. Defense counsel learned through the course of discovery that the Plaintiff treated with Riegler, Shienvold & Associates and Dr. Jagadeesh Moola. (Records evidencing this treatment are attached hereto as Exhibit "B"). 5. Defense counsel subpoenaed the Plaintiffs medical records from Riegler, Shienvold & Associates, Guidance Associates of Pennsylvania, and Dr. Jagadeesh Moola. However, these providers indicated they require an authorization executed by the Plaintiff for the release of any records. (A true and correct copy of correspondence from these medical providers indicating the same is attached hereto as Exhibit "C"). 6. On November 28, 2007, defense counsel mailed Plaintiffs counsel an authorization for the release of the Plaintiffs records from Riegler, Shienvold & Associates. Defense counsel requested the Plaintiff execute this authorization then return it to his office. (A true and correct copy of said letter is attached hereto as Exhibit "D" 7. Defense counsel followed up on this request by letters dated December 11, 2007; January 3, 2008; January 10, 2008; January 17, 2008; January 30, 2008; and February 11, 2008. To date, an executed authorization for the release of the Plaintiffs records from Riegler, Shienvold & Associates has not been received. (A true and correct copy of said correspondence between the parties is attached hereto as Exhibit "E„ 8. On December 11, 2007, defense counsel mailed Plaintiffs counsel an authorization for the release of the Plaintiffs records from Guidance Associates of f ? Pennsylvania. Defense counsel requested the Plaintiff execute this authorization then return it to his office. (A true and correct copy of said letter is attached hereto as Exhibit "F"). 9. Defense counsel followed up on this request by letters dated January 3, 2008; January 10, 2008; January 17, 2008; January 30, 2008; and February 11, 2008. To date, an executed authorization for the release of the Plaintiff's records from Guidance Associates of Pennsylvania has not been received. (A true and correct copy of said correspondence between the parties is attached hereto as Exhibit "G"). 10. On January 17, 2008, defense counsel mailed Plaintiffs counsel an authorization for the release of the Plaintiffs records from Dr. Jagadeesh Moola. Defense counsel requested the Plaintiff execute this authorization then return it to his office. (A true and correct copy of said letter is attached hereto as Exhibit "H".) 11. Defense counsel followed up on this request by letters dated January 30, 2008, and February 11, 2008. To date, an executed authorization for the release of the Plaintiffs records from Dr. Jagadeesh Moola has not been received. (A true and correct copy of said correspondence between the parties is attached hereto as Exhibit "I"). 12. It is necessary for proper defense of this lawsuit that the Defendant receives the Plaintiffs medical records from Riegler, Shienvold & Associates, Guidance Associates of Pennsylvania, and Dr. Jagadeesh Moola. 13. Accordingly, pursuant to Pennsylvania Rule of Civil Procedure 4019, Defendant respectfully requests this Honorable Court to enter an Order directing Plaintiff to provide Defendant with executed authorizations for the release of records T from Guidance Associates of Pennsylvania, Riegler, Shienvold & Associates, and Dr. Jagadeesh Moola within twenty (20) days or suffer additional sanctions. 14. Defense counsel certifies that he sought the concurrence of Plaintiff's counsel to this motion. Plaintiffs counsel does not concur. 15. Defense counsel certifies that no Judge has ruled upon any other issue in this case. WHEREFORE, Defendant, Lori J Radle, respectfully requests this Honorable Court enter an Order directing the Plaintiff to provide Defendant with executed authorizations for the release of her records from Shienvold & Associates, Guidance Associates of Pennsylvania, Guidance Associates of Pennsylvania, Riegler, and Dr. Jagadeesh Moola within twenty (20) days of the Order. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. B -P,.?1 . (E V ? y. 1 Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL EXECUTED AUTHORIZATIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 2008. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: l ?-? 0 (C'j' C'Ev Kevin D. Rauch, Esquire Counsel for Defendant Riegler - Shienvold & Associates Riegler - Shienvold & Associates Riegler - Shicnrold &Associates 2151 Linglestown Road. Suite 200 Harrisburg, PA 1-110 (717) 540 _ 1313 http://rsa-psych.com/ Page 1 of 1 2/18/2008 Guidance Associates of Pennsylvania M Guidance Associates of Pennsylvania If you have questions or would like more information, please call Guidance Associates of Pennsylvania at 1-717-732-2917. A Professional Mental Health and Substance Abuse Agency Specializing in Evaluation, Treatment, and Consultation Services Page 1 of 1 1-717-732-2917 info@GuidancePA.cor Our mission is to provide high quality and effective behavioral health, chemical dependency, forensic, consultative and employee assistance program services by competent, compassionate and experienced behavioral health professionals and administrative staff. We continually strive to raise the standard of quality of services provided to our clients and the surrounding communities. Home - Mental Health - Forensics - Substance Abuse Evaluations - Employee Assistance Program - Health & Wellness Professional Staff - Policies - Privacy - Online Privacy - Contact Us (-q) 2005 - 2008 Guidance Associates of Pennsylvania, All rights reserved, http://www.guidancepa.com/ 2/18/2008 Dr. Jagadeesh K. Moola, MD, Psychiatry, located in Camp Hill, PA - Free reports and rati... Page 2 of 3 Dr. Jagadeesh Moola, MD Not your doctor? Dr. Moola practices Psychiatry in Camp Hill, Pennsylvania. Dr. Jagadeesh Moola graduated Comprehensive Report with: with an MD. • Sanction & Malpractice History Seeing this physician in the next 60 days? • Board Certifications Learn some key questions to ask. • Comparisons to Similar Physicians • Detailed Procedure Cost Information ...and more! Physician Profile Physician Profile on Dr. Moola Address(es) 890 Poplar Church Road Dd Camp Hill, PA 17011 Milt R, ,,?, w4 g ? Medical Arts Building Camp Hill, PA 17011 `ttroun?y t;iu^ _ Lemoyne Etiwte s Ma 4wer Alen I hkp? ; .h rF ?t}+ 1 ?? Nev ?ry Map dat20f}r3 Tile Atlas- Term''Cut Specialties Psychiatry Residency Albert Einstein Mad Center Are you Dr. Moola? Create your physician profile now. Find out how you can tell the residents in your area more about yourself and your practice, including information about your: • Practice (name, description, location, website, and more) • Philosophy of care • Website • Area of expertise • Full educational background • Hospital affiliations • Professional background and interests • Publications and media coverage • Procedure volume experience and performance • Health plans and payment methods accepted • Office locations and information Looking to attract more patients? HealthGrades can help! HealthGrades gathers physician information from a variety of sources including: • Direct contact with physicians by HealthGrades representatives • State Medical Boards • Healthcare information and research companies • Office of the Inspector General Get Dr. Moola's Comprehensive Report Patient Ratings http://www.healthgrades-com/directory_search/physician/profiles/dr-md-reports/Dr-Jagade... 2/18/2008 Riegler, Shienvold rrttrt?Fb?rn & Associates (717) 540-1313 ? 2151 Linglestown Road, Suite 200 ? Harrisburg, Pennsylvania 17110 Initial Assessment Patient Name: Gable Last Name: Carlette _ First Name: M.I. Jr./ r. Initial Assessment Date 12-08-2006 Patient DOB: 10-23-1959 Gender: Female Patient ID#: 166-52-6572 Insurance: Capital Blue Crosse Physician: Dr. D. Kambic Axis 1: Axis II: Code: Diagnosis: 29632 Major Depression, Recurrent, Moderate R/O 300.02 R/O Generalized Anxiety Disorder V71.09 NO DIAGNOSIS ON AXIS II Client's nt presents with recent increase in symptoms of depression and was seen earlier this week by Dr. J. Moola for uation. She describes increase in depressed mood, sleep disturbance, anxiety, hopelessness, helplessness,- )tiness, and tearfulness as of late. Stressors with which she is bothered include potential separation and divorce from 3rd husband and impending foreclosure on her home, for which she recently hired an attorney. She also reports tionship issues with her daughters as a result of her decision to end her marriage. Axis III: Condition Neck, back, and knee problems, migraines Axis IV: Psychosocial Problems Relationship break-up, financial problems Mild Q Moderate 0 Severe Axis V: (GAF) Current 56 Past Year 60 Treatment Recommendations: T.....4-4 T.-....• FrAnimncV TimA +n rmmniP_tP_ Med. mgmt per Dr. Moola/Dr. Kambic as needed ongoing Cognitive therapy Weekly 6 months Clinician Signature: V. V,- e? Date: Name/Degree: Ann C Veraales ACSW. LCSW Date Sent: Dec 8, 2006 E JAGADEESH K. MOOLA, M.D. MEDICAL ARTS BLDG., SUITE 409 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 PHONE: 761-1325 FAX: 737-8758 December 4, 2006 Daniel Kambic, DO 483 N. Front St. Steelton, PA 17113 RE: Carlette Gable DOB: 10/23/1959 Dear Dr. Kambic, Mrs. Gable was referred to my office for psychiatric evaluation by her therapist, Vincent Nerviano, for continued symptoms of depression and medication evaluation. Diagnostically, I see symptoms of Major Depressive Disorder, recurrent (296.32), although Generalized Anxiety Disorder to be considered in differential diagnosis. I do not see any clear signs of bipolar disorder. She appears to be experiencing significant sleep disturbances and also irritability, especially around her menstrual cycles. With regards to pharmacotherapy, she has been on Lexapro for the last 4 years and has been taking 30 mg for the last year without much benefit. There is a possibility that the high dose of Lexapro could be contributing to some of the irritability and sleep disturbance. Therefore, we decided to reduce Lexapro back to 20 mg q hs and to start the Rozarem 8 mg q hs, as prescribed by you. If the Rozarem is not effective in improving her sleep pattern, will consider trying Trazodone. If symptoms continue to persist, will consider either trying Wellbutrin by itself or trying Cymbalta. Feel free to contact me if you would like to discuss this case further at anytime. Sincerely, Jag eesh K. Moola,MD JKM/mcm L v I 1 Erick Violago, Esquire Summers McDonnell - Harrisburg 1017 Mumma Road Lemoyne PA 17043 File #: 14856 11/19/2007 Subject: Carletta Gable SSN#: 166-52-6572 Date Of Birth: 10/23/59 Litigation Solutions, LLC Tosha Kunselman Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Phone: 412.253.1096 Fax: 412.253.1054 Email: tkunselman@litsol.com www.litigationsolutions.com RE: Your File: 14856 Plaintiff: Subject: Carletta Gable; SSN#: 166-52-6572; Date Of Birth: 10/23/59; Provider: Riegler, Shienvold & Associates 2151 Linglestown Road Suite 200 Harrisburg, PA 17111 Attn: Medical Records Correspondence Request: Please remit: a complete copy of any and all medical and/or mental health records from 8/23/1931 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. Dear Kevin Rauch, Esquire of Summers McDonnell - Harrisburg Please note that the record release authorization you submitted for the above-named subject and provider was rejected due to lack of compliance with HIPAA regulations for record authorizations. Reason(s) for the rejection are indicated below: - Subject Name / Birth Date _ Record date limits - Description of Information to be disclosed _ Purpose of request - Name of requestor and name LSI as agent - Authorization dated within last 90 days - Signature of subject and date signed' - If other than subject, relationship of signer to subject _ Revocation statement - Photocopy authorization -. Name of provider or facility X Provider requires use of their own specific auth PAGE 1 of 2 _ Missing redisclosure statement X Other: Do not accept subpoena Please find, attached, a HIPAA-compliant authorization for your use in this matter, if necessary. Please be advised that we have closed this request as a HIPAA Cancellation in our system; however, please don't hesitate to forward the HIPAA Compliant Authorization form once it's obtained, so that we may continue our efforts in obtaining the materials requested. If you would like for LSLLC to obtain the completed HIPAA Compliant Authorization for you, please advise at your earliest convenience. If you have any questions, contact me by phone or email. Sincerely, Tosha Kunselman Litigation Solutions, LLC CC: Sheila Walters State Farm - Canonsburg 555 Southpointe Boulevard Suite 400 Canonsburg PA 15317 Claim Number: 38-K455-539 PAGE 2 of 2 n Nov 19 07 03:18p Riegler Shienvold & Assoc 7175401416 p.1 Riegler, Shienvold and Associates 2151 Linglestown Road, Suite 200 Harrisburg, PA 17110 (717 540-1313 FAX COVER SHEET DATE : id f q NO. OF PAGES (INCLUDING COVER SHEET) 3 T O `r 5 U r? 'S F 1 r'V) # r1 i G' d r r K G 14a d r e L 'L FAX NU14BER : (- y 1 Z Z53 - i615 FROM : y; a'1 _ ?/ P Lt a< t' S f L- 6} FAX NUMBER: (717) 540-14416 l /? CCMMENT / INSTRUCTIONS: Rt: ) ?? r -z )/Ix Y r? ti r.'? r d 5 6 r" L: a t- 4 e 0 1 ;k3 155 y . As pt-r, c Gs r- n h e in -c (? e ?-1 y -e r :? r, i , o t2 40da4 1 d1-0 yvU C ?A.rr?v! 6?' ?f^e RPK C f ('z;-V1 r7 1 1, a ,-) t' d i d ;? r r?li% d -/ ? o i-1- hd f'Lt..P cis ?? 5r 6;?? 6e? 5-_(66t ?. 1ed?F le rY?.?, n a FL: cbc c4 rte." d n y'? h 1, d' -9 ` r'?a re ? ?, ORIGIN T HE MAILED: YES N _/ r?`c??? L6Gr_ IF YOU HAVE ANY QUEST=OAFS REGARDING THIS FAX, PLEASE CALL (717)540-1313 CONFIDENTIALITY NOTICE the cocuments sc--ompanying th_s telec?y transmission nay contain confidentieL information which is; legally privilegec_ the information Ls intended only for the use of t!re recipient. You are nereby notif_ec that ar.y cisclosure, espying, distribution or taking of any action in reliance on the contents of this information is strictly prohibited. If you nave rsoeivec this to-ecopy in error, please immediadiateLy nctify sender by telephone to arrange for return of the originaL docurrents to the sender- Thank you. Nov 19 07 03;19p Riegler Shienvold & Assoc 717W1416 p.2 SUBPOENA RECORDS Page 3 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Carletta Gable and Todd Gable, her husband Common Pleas VS. Lori K. Radle Case Number: 05- 3214 CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS AND THINGS PURSUANT TO RULE 4009.21 I hearby certify by signing below that I have (_,_) / have not (f) provided a true and complete copy of the documents requested in the subpoena served on this facility. If documents have not been provided, it is due to: (check one) We have no documents regarding this person We do not have the specific documents / dates in our files Our documents are destroyed after years The documents are in the possession of: Other (please specify) T S f 0 C e. cl 5 a rr P fj,V ; IC j P d b L? 54 a 4 of 2 it o al i7 A h A e b e r q 1 z a S e d w;' I t-) c L; cc.- r 141.,- ri c i/i 5 c -I -r, (t -f a b l e r10,L{- Cur?'?i-.# tGr}'V!.4 sG9 TO reoeA ?4ble 5'& it s 76 ?R GPrlnte i5 ((u4V)br; 7-a• 1.4 t7- ame Signature ?EiVt e. VvCQ ares. aCSr? Lt5cc: 'pine of Facility or Provider of Rycords Date F'f Fff f J17r'frli/, f d a, 's5e(rd4e5 c7 Address of Facility or Provider of R Qrds X151 L,"n?le5la;:?:?d. Sc1i-E e 2cv ., R PROBLEM NOTICE Page I of 2 L 1 Erick Violago, Esquire Summers McDonnell - Harrisburg 1017 Mumma Road Lemoyne PA 17043 File #: 14856 12/5/2007 Subject: Carletta Gable SSN#: 166-52-6572 Date Of Birth: 10/23/59 Litigation Solutions, LLC Krystal Morris Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Phone: 412-253-1144 Fax: 412-253-1162 Email: kmorris@litsol.com www.litigationsolutions.com RE: Your File: 14856 Plaintiff: Subject: Carletta Gable; SSN#: 166-52-6572; Date Of Birth: 10/23/59; Provider: Guidance Associates of Pennsylvania 412 Erford Road Camp Hill, PA 17011 Attn: Medical Records Correspondence Request: Please remit: a complete copy of any and all medical and/or mental health records from 8/23/1931 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. Dear Kevin Rauch, Esquire of Summers McDonnell - Harrisburg Please note that the record release authorization you submitted for the above-named subject and provider was rejected due to lack of compliance with HIPAA regulations for record authorizations. Reason(s) for the rejection are indicated below: f r ` ^. \J _ Subject Name / Birth Date _ Record date limits _ Description of Information to be disclosed - Purpose of request - Name of requestor and name LSI as agent - Authorization dated within last 90 days('. - Signature of subject and date signed http://rats.litsol.com/ratsevents/rptHIPAAproblemNotice2.asp?print_preview=Y&PLid=P... 12/5/2007 PROBLEM NOTICE Page 2 of 2 If other than subject, relationship of signer to subject Revocation statement Photocopy authorization _ Name of provider or facility X Provider requires use of their own specific auth Missing redisclosure statement Other: Please find, attached, a HIPAA-compliant authorization for your use in this matter, if necessary. Please be advised that we have closed this request as a HIPAA Cancellation in our system; however, please don't hesitate to forward the HIPAA Compliant Authorization form once it's obtained, so that we may continue our efforts in obtaining the materials requested. If you would like for LSLLC to obtain the completed HIPAA Compliant Authorization for you, please advise at your earliest convenience. If you have any questions, contact me by phone or email. Sincerely, 9Krystal orris Litigation Solutions, LLC CC: Sheila Walters State Farm - Canonsburg 555 Southpointe Boulevard Suite 400 Canonsburg PA 15317 Claim Number: 38-K455-539 http://rats.litsol.com/ratsevents/rptHIPAAproblemNotice2.aSD?print preview=Y&PTAd=P__ 1?/5/?007 PROBLEM NOTICE L t Erick Violago, Esquire ;,Summers McDonnell - Harrisburg 1017 Mumma Road Lemoyne PA 17043 File #: 14856 12/11/2007 Subject: Carletta Gable SSN#: 166-52-6572 Date Of Birth: 10/23/59 RE: Your File: '14856 Page I of 2 I" K YLitigation Solutions, LLC Krystal Morris Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Phone: 412-253-1144 Fax: 412-253-1162 Email: kmorris@litsol.com www.litigationsolutions.com Plaintiff: Subject: Carletta Gable; SSN#: 166-52-6572; Date Of Birth: 10/23/59; Provider: Dr. Jagadeesh Moola Medical Arts Building, Suite 409 890 Poplar Church Road Camp Hill, PA 17011 Attn: Medical Records Correspondence Request: Please remit: a complete copy of any and all medical and/or mental health records from 8/23/1931 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. Dear Kevin Rauch, Esquire of Summers McDonnell - Harrisburg ^1 Please note that the record release authorization you submitted for the above-named subject and provider was rejected due to lack of compliance with HIPAA regulations for record authorizations. Reason(s) for the rejection are indicated below: Subject Name / Birth Date Record date limits Description of Information to be disclosed Purpose of request _ Name of requestor and name LSI as agent Authorization dated within last 90 days ,PROBLEM NOTICE Page 2 of 2 .r + y - Signature of subject and date signed - If other than subject, relationship of signer to subject _ Revocation statement - Photocopy authorization - Name of provider or facility - Provider requires use of their own specific auth - Missing redisclosure statement X Other: Provider requires that an authorization be submitted for the release of records. Please find, attached, a HIPAA-compliant authorization for your use in this matter, if necessary. Please be advised that we have closed this request as a HIPAA Cancellation in our system; however, please don't hesitate to forward the HIPAA Compliant Authorization form once it's obtained, so that we may continue our efforts in obtaining the materials requested. If you would like for LSLLC to obtain the completed HIPAA Compliant Authorization for you, please advise at your earliest convenience. If you have any questions, contact me by phone or email. Sincerely, st ao &-S?N Litigation Solutions, LLC CC: Sheila Walters State Farm - Canonsburg 555 Southpointe Boulevard Suite 400 Canonsburg PA 15317 Claim Number: 38-K455-539 November 28, 2007 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: In review of my, I noticed that I have not yet received an executed authorization for the release of your client's records from Anne Arundel Medical Center. For your reference, this authorization was mailed to you on January 30, 2007. Kindly provide the same so that we may move this matter forward. Also, enclosed please find an authorization for the release of your clients records from Riegler, Shienvold & Associates. Kindly have your client and a witness execute this authorization and return it to my office so that we may move this matter forward. This provider would not honor a subpoena. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EW Enclosure December 11, 2007 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: In review of my, I noticed that I have not yet received an executed authorization for the release of your client's records from the following: 1. Anne Arundel Medical Center (mailed January 30, 2007); and 2. Riegler, Shienvold & Associates (mailed November 28, 2007). Kindly provide these executed authorizations so that we may move this matter forward. Note that the authorization from Riegler, Shienvold & Associates also requires a witness to execute the authorization. Finally, enclosed please find an authorization for the release of your clients records from Guidance Associates of Pennsylvania. Kindly return this authorization executed by your client and a witness. Note that none of the providers above would honor subpoenas. I believe they are all necessary to the defense of the case, and would like to obtain these records without court intervention. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV Enclosure January 3, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: In review of my, I noticed that I have not yet received an executed authorization for the release of your client's records from the following: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Riegler, Shienvold & Associates (mailed November 28, 2007); and 3. Guidance Associates of Pennsylvania (mailed December 11, 2007). Kindly provide these executed authorizations so that we may move this matter forward. Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. As you may recall, none of the above providers would honor subpoenas. I believe they are all necessary to the defense of the case, and would like to obtain these records without court intervention. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV January 10, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up to my telephone conversation with your legal assistant, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Riegler, Shienvold & Associates (mailed November 28, 2007); and 3. Guidance Associates of Pennsylvania (mailed December 11, 2007). Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. As you may recall, none of the above providers would honor subpoenas. I believe they are all necessary to the defense of the case, and would like to obtain these records without court intervention. If I do not receive them or hear from you regarding this matter within fourteen (14) days of the date of this letter, I will be forced to file a Motion to Compel. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EW January 17, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up to my letter dated January 10, 2008, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Riegler, Shienvold & Associates (mailed November 28, 2007); and 3. Guidance Associates of Pennsylvania (mailed December 11, 2007). Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. If I do not receive these authorizations by January 28, 2008, 1 will be forced to file a Motion to Compel. As you may recall, none of the above providers would honor subpoenas. Additionally, please find enclosed an authorization for the release of your client's records from Dr. Jagadeesh Moola. Kindly have your client execute this authorization and return it to my office so that we may move this matter forward. I will provide you a copy of any records received pursuant to the same upon my receipt. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV January 30, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up to prior correspondence, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Guidance Associates of Pennsylvania (mailed December 11, 2007); 3. Riegler, Shienvold & Associates (mailed November 28, 2007); and 4. Dr. Jagadeesh Moola (mailed January 17, 2008). Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. As you may recall, none of the above providers would honor subpoenas. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV February 11, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up letter, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Guidance Associates of Pennsylvania (mailed December 11, 2007); 3. Riegler, Shienvold & Associates (mailed November 28, 2007); and 4. Dr. Jagadeesh Moola (mailed January 17, 2008). Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV December 11, 2007 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: In review of my, I noticed that I have not yet received an executed authorization for the release of your client's records from the following: 1. Anne Arundel Medical Center (mailed January 30, 2007); and 2. Riegler, Shienvold & Associates (mailed November 28, 2007). Kindly provide these executed authorizations so that we may move this matter forward. Note that the authorization from Riegler, Shienvold & Associates also requires a witness to execute the authorization. Finally, enclosed please find an authorization for the release of your clients records from Guidance Associates of Pennsylvania. Kindly return this authorization executed by your client and a witness. Note that none of the providers above would honor subpoenas. I believe they are all necessary to the defense of the case, and would like to obtain these records without court intervention. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV Enclosure F 1 January 3, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: In review of my, I noticed that I have not yet received an executed authorization for the release of your client's records from the following: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Riegler, Shienvold & Associates (mailed November 28, 2007); and 3. Guidance Associates of Pennsylvania (mailed December 11, 2007). Kindly provide these executed authorizations so that we may move this matter forward. Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. As you may recall, none of the above providers would honor subpoenas. I believe they are all necessary to the defense of the case, and would like to obtain these records without court intervention. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV t r January 10, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up to my telephone conversation with your legal assistant, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Riegler, Shienvold & Associates (mailed November 28, 2007); and 3. Guidance Associates of Pennsylvania (mailed December 11, 2007). Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. As you may recall, none of the above providers would honor subpoenas. I believe they are all necessary to the defense of the case, and would like to obtain these records without court intervention. If I do not receive them or hear from you regarding this matter within fourteen (14) days of the date of this letter, I will be forced to file a Motion to Compel. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV January 17, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up to my letter dated January 10, 2008, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Riegler, Shienvold & Associates (mailed November 28, 2007); and 3. Guidance Associates of Pennsylvania (mailed December 11, 2007). Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. If I do not receive these authorizations by January 28, 2008, 1 will be forced to file a Motion to Compel. As you may recall, none of the above providers would honor subpoenas. Additionally, please find enclosed an authorization for the release of your client's records from Dr. Jagadeesh Moola. Kindly have your client execute this authorization and return it to my office so that we may move this matter forward. I will provide you a copy of any records received pursuant to the same upon my receipt. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV January 30, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up to prior correspondence, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Guidance Associates of Pennsylvania (mailed December 11, 2007); 3. Riegler, Shienvold & Associates (mailed November 28, 2007); and 4. Dr. Jagadeesh Moola (mailed January 17, 2008). Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. As you may recall, none of the above providers would honor subpoenas. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV L I ? February 11, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up letter, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Guidance Associates of Pennsylvania (mailed December 11, 2007); 3. Riegler, Shienvold & Associates (mailed November 28, 2007); and 4. Dr. Jagadeesh Moola (mailed January 17, 2008). Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV - 1 1, . January 17, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up to my letter dated January 10, 2008, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Riegler, Shienvold & Associates (mailed November 28, 2007); and 3. Guidance Associates of Pennsylvania (mailed December 11, 2007). Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. If I do not receive these authorizations by January 28, 2008, 1 will be forced to file a Motion to Compel. As you may recall, none of the above providers would honor subpoenas. Additionally, please find enclosed an authorization for the release of your client's records from Dr. Jagadeesh Moola. Kindly have your client execute this authorization and return it to my office so that we may move this matter forward. I will provide you a copy of any records received pursuant to the same upon my receipt. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV r_ ( { C January 30, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up to prior correspondence, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Guidance Associates of Pennsylvania (mailed December 11, 2007); 3. Riegler, Shienvold & Associates (mailed November 28, 2007); and 4. Dr. Jagadeesh Moola (mailed January 17, 2008). Note that the authorizations from Riegler, Shienvold & Associates and Guidance Associates of Pennsylvania require a witness to execute the authorization in addition to your client. As you may recall, none of the above providers would honor subpoenas. Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV a r .r w February 11, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: As a follow-up letter, kindly forward the following executed authorizations so that we may move this matter forward: 1. Anne Arundel Medical Center (mailed January 30, 2007); 2. Guidance Associates of Pennsylvania (mailed December 11, 2007); 3. Riegler, Shienvold & Associates (mailed November 28, 2007); and 4. Dr. Jagadeesh Moola (mailed January 17, 2008). Should you have any questions or concerns regarding the above, please do not hesitate to contact me. Thank you. Very truly yours, Erick V. Violago EVV ?-? ?? c - `TZ :.3 ? V 1.,..? [ ',1 j 5-•l1 "1 ? -?; i`S ? ? .. CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA JURY TRIAL DEMANDED 17013 Defendant PLAINTIFFS' REPLY TO DEFENDANT'S MOTION TO COMPEL EXECUTED AUTHORIZATIONS AND NOW, come the Plaintiffs, Carlette L. Gable and Todd D. Gable, husband and wife, by and through their counsel, Joseph A. Klein, P.C., and Mark S. Silver, Esquire, and file the following Plaintiffs' Reply to Defendant Lori K. Radle's Motion to Compel Executed Authorizations as follows: All four (4) of the Medical Authorization Forms that Defendant requests be executed by Plaintiff Carlette L. Gable have on February 27, 2008 been sent by plaintiff s undersigned counsel to Mrs. Gable for execution, witness signature, dating and return as promptly as possible. 2. Plaintiffs do not object to providing the executed Medical Authorization Forms for Dr. Jagadeesh Moola, Anne Arundel Health System, Guidance Associates of Pennsylvania, and Riegler, Shienvold & Associates and are cooperating as aforesaid. 3. Immediately upon receipt of the originally executed Medical Authorizations for the four (4) health care providers named in the immediate preceding paragraph, incorporated herein by reference, the same will be provided to counsel for Defendant. WHEREFORE, Plaintiffs, Carlette L. Gable and Todd D. Gable respectfully request this Honorable Court to afford to them the necessary time to receive and review the Medical Authorization Forms sent by mail to them on February 27, 2008, to have the same received and reviewed by their undersigned counsel, and immediately thereafter sent directly to counsel for Defendant. Respectfully submitted, JOSEPH A. KLEIN, P.C. rl By: Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7 h Floor P.O. Box 1152 Date: February 27, 2008 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable. wife and husband .. VERIFICATION I, Mark S. Silver, hereby verify and state that the facts set forth in the foregoing PLAINTIFF'S REPLY TO MOTION TO COMPEL EXECUTED AUTHORIZATIONS are true and correct to the best of my knowledge, information and belief and that I am aware that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909, relating to unworn falsification to authorities. 0 Date Mark S. Silver 4 CARLETTE L. GABLE and TODD D. GABLE, husband and wife 6117 Wertzville Road Enola, Cumberland County, PA 17025 Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL LORI K. RADLE 154 Cedar Lane Carlisle, Cumberland County, PA JURY TRIAL DEMANDED 17013 Defendant CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiffs, do hereby certify that on this date I served the foregoing PLAINTIFFS' REPLY TO MOTION TO COMPEL EXECUTED AUTHORIZATIONS by placing a true and correct copy of the same in the United States Mail, postage pre-paid, deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant as follows: Kevin D. Rauch, Esquire Erick V. Violago, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Attorney for Lori K. Radle, Defendant JOSEPH A. KLEIN, P.C. Date: February 27, 2008 By:-?4v.-- Mar S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7" Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable wife and husband c^Y. .`F -Ti ' l -r -3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) AMENDMENT TO MOTION TO COMPEL EXECUTED AUTHORIZATIONS AND NOW, comes the Defendant, Lori K. Radle, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Amendment to Motion to Compel Executed Authorizations and in support thereof avers as follows: 15. On February 2, 2007, the Honorable Judge Ebert entered an Order directing the Plaintiffs to provide full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents pursuant to Defendant's Motion to Compel Discovery. The issue concerned the Plaintiffs failure to provide the same within the timeframe provided by the Pa.R.C.P. WHEREFORE, Defendant, Lori J Radle, respectfully requests this Honorable Court enter an Order directing the Plaintiff to provide Defendant with executed authorizations for the release of her records from Shienvold & Associates, Guidance Associates of Pennsylvania, Guidance Associates of Pennsylvania, Riegler, and Dr. Jagadeesh Moola within twenty (20) days of the Order. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: r't' 19 O?A Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing AMENDMENT TO MOTION TO COMPEL EXECUTED AUTHORIZATIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 27th day of February, 2008. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By. 0, ? (_/? ? ,,, ?_ Kevin D. Rauch, Esquire Counsel for Defendant ?-'? ? n r _ ? .,? -? ?1--n '? -c ,?5 1 Cs3 l`? ?? `,}. ?-- ?'' t v t ; ??.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. PRAECIPE TO WITHDRAW MOTION TO COMPEL EXECUTED LORI K. RADLE, AUTHORIZATIONS Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) PRAECIPE TO WITHDRAW MOTION TO COMPEL EXECUTED AUTHORIZATIONS To: Prothonotary Kindly withdraw Defendant's Motion to Compel Executed Authorizations in the above-captioned matter. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: C Kevin 0' Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO WITHDRAW MOTION TO COMPEL EXECUTED AUTHORIZATIONS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of / nIQ-'l 4,. , 2008. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: CJ? (i-- V' Kevin D. Rauch, Esquire Counsel for Defendant 0 ? 1za ?s„? ? nib Cjj G N (? ? t Co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, CIVIL DIVISION NO. 06-3214 V. LORI K. RADLE, Defendant. MOTION TO COMPEL IME CANCELLATION FEE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, Defendant. (Jury Trial Demanded) MOTION TO COMPEL IME CANCELLATION FEE AND NOW, comes the Defendant, Lori K. Radle, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel IME Cancellation Fee, and in support thereof avers as follows: 1. This case arises out of a motor vehicle accident between the parties that occurred on June 10, 2004. 2. As a result of the accident, the Plaintiff alleges severe and permanent bodily injury. (See Paragraph 13 of the Complaint). 3. By letter dated August 25, 2008, Defense counsel scheduled Plaintiff for an Independent Medical Examination to take place with Dr. Michael Mitrick of Orthopaedic and Spine Specialists, on Wednesday, October 29, 2008, at 4:30 p.m. (A true and correct copy of said letter is attached hereto as Exhibit "A"). 4. By letter dated August 25, 2008, Defense counsel notified the Plaintiff that Dr. Mitrick requires her to appear at 4:00 p.m.. The Plaintiff was further notified that Dr. Mitrick requires five (5) business days notice of any cancellation or non-attendance, and the Plaintiff was given a telephone number at which Dr. Mitrick could be reached. See Exhibit "A"). 5. By letter dated September 18, 2008, Defense counsel again notified the Plaintiff of the scheduled IME date and time. (A true and correct copy of said letter is attached hereto as Exhibit "B") 6. By letter dated September 26, 2008, Defense counsel asked for confirmation that the Plaintiff would attend the October 29, 2008, IME, and reminded her of the cancellation policy. (A true and correct copy of said letter is attached hereto as Exhibit "C") 7. At no time, did the Plaintiff indicate she could not attend the scheduled IME appointment. 8. On October 29, 2008, at 4:48 p.m., forty-eight minutes after she was instructed to present for the exam, the Plaintiff called Dr. Mitrick's office and indicated she was still on her way to the exam. (A true and correct copy of correspondence from the doctor's office indicating the same is attached hereto as Exhibit "D"). 9. Due to another appointment, Dr. Mitrick was unable to perform the IME at a later time. 10. As a result of the Plaintiffs failure to appear at the scheduled appointment time, Dr. Mitrick charged a $500.00 cancellation fee. 11. The $500.00 cancellation fee was incurred through no fault of the Defendant. 12. On November 3, 2008, Defense counsel contacted Plaintiffs counsel to discuss whether they could agree to each contribute to the cancellation fee. 13. Plaintiffs counsel indicated he would not contribute to the cancellation fee. 14. As such, Defendant was required to pay Dr. Mitrick a $500.00 cancellation fee. 15. Given the fact that the Plaintiff never informed the Defendant she could not attend the IME at the scheduled time, it was reasonable for Defendant to rely upon the Plaintiff to attend the IME at the scheduled time. 16. Defendant relied upon the Plaintiff to her detriment by incurring the $500.00 cancellation fee. 17. Public policy dictates requiring Plaintiff to pay the $500.00 cancellation fee. If Plaintiff is not required to pay the cancellation fee, then a plaintiff can unfairly drive up the litigation costs of a defendant by repeatedly failing to attend IME's. 18. Judge Ebert has had previous involvement with this case. On February 2, 2007, Judge Ebert issued an Order directing the Plaintiffs to provide full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents. WHEREFORE, Defendant, Lori K. Radle, respectfully requests this Honorable Court enter an Order directing the Plaintiff to reimburse her for the $500.00 IME cancellation fee. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By:? ?vv Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, V. CIVIL DIVISION NO. 06-3214 (Jury Trial Demanded) LORI K. RADLE, Defendant. ORDER AND NOW, to wit, this day of 2009, it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff, Carletta Gable, pay the Defendant, Lori Radle, $500.00, as reimbursement for the IME cancellation fee within thirty (30) days of the date of this Order. J. Distribution List: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Fax: 717-920-9129 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 Fax: 717-233-2516 August 25, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: Please be advised that I scheduled your client, Carletta Gable, for an Independent Medical Examination with Michael Mitrick, D.O., of Orthopaedic and Spine Specialists, to take place on Wednesday, October 29, 2008, at 4:30 p.m., at his office located at 1750 Fifth Avenue, York, PA 17403. As required by the doctor's office, kindly instruct your client to present thirty (30) minutes in advance of the examination at 4:00 p.m. Please be advised that Dr. Mitrick's cancellation policy requires more than five (5) full business days notice of cancellation or non-attendance. As such, if your client fails to comply with the cancellation policy, you will be responsible for the cancellation fee. Note that Dr. Mitrick can be reached at (717) 848-4800. Should you have any questions or concerns regarding the above, please feel free to contact me at any time. Thank you. Very truly yours, Erick V. Violago EVV September 18, 2008 SENT VIA FACSIMILE AND REGULAR MAIL Fax No. (717) 233-2516 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: Per our discussion, enclosed please find my letter to you dated August 25, 2008, in which I scheduled your client for an Independent Medical Examination with Michael Mitrick, D.O., of Orthopaedic and Spine Specialists. Should you have any questions or concerns regarding the above, please feel free to contact me at any time. Thank you. Very truly yours, Erick V. Violago EVV Enclosure September 26, 2008 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: Kindly confirm Carletta Gable's attendance at the Independent Medical Examination scheduled to take place with Dr. Michael Mitrick on Wednesday, October 29, 2008. Note that his cancellation policy was outlined to you by letter dated August 25, 2008. Should you have any questions or concerns regarding the above, please feel free to contact me at any time. Thank you. Very truly yours, Erick V. Violago EVV [0130108 09:52 AM ¦edent via VSI-FAX Fax* (717)-848-2941 Page 2 of 2 #38529 1 10/30/08 Date Type 10/29/08 MISC 10/29/08 PHONE 09/04/08 INS 1 08/21/08 MISC ORTHOPAEDIC AND SPINE SPECIALISTS, PC Notes for Account # 133993 - GABLE, CARLETTE Note SPOKE TO PATIENT AT 4:48 P.M. SHE SAID SHE WAS ONLY 3 MILES AWAY FROM OFFICE. I APOLOGIZED AND EXPLAINED THAT THE DOCTOR COULD NOT COMPLETE THE EXAM BECAUSE HE HAD A MEETING AT 5:30 P.M. AND THAT WE WERE GOING TO TRY TO RESCHEDULE THE APPOINTMENT AT A LATER DATE. SHE SAID THAT THEY GOT LOST AND THERE WAS AN ACCIDENT THAT THEY WERE REROUTED AROUND. CBH/4112. CALLED VICKI G. LMOM TO LET HER KNOW PT IS RUNNING LATE WILL BE THERE AT ABOUT 4:30 IF THIS IS A PROBLEM CALL PT ON CELL PHONE AT 717-856-1896. D4 10/29/08 Posted a prepayment for an IME w/ Dr. Mitrick from State Farm..DDK/4592 FAX'D PREPAY LETTER FOR IME OF 10/29/08 W/DR MITRICK, KS/4125 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPEL IME CANCELLATION FEE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 25th day of March, 2009 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE $ SKEEL, L.L.P. By: Lj_? l 6?;V? Kevin D. Rauch, Esquire Counsel for Defendant r•a ?=' ?. ::? -,? ' i " ?? } ' ?`? ' , ??` y ? '.: ?'w`1 s'.7 r17 ? ?'e i } } { :r}i'i'4 ?', CARLETTA GABLE AND TODD GABLE, HER HUSBAND, PLAINTIFF V. LORI K. RADLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3214 CIVIL ORDER OF COURT AND NOW, this 1St day of March, 2009, upon consideration of the Motion to Compel IME Cancellation Fee filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiffs to show cause why the relief requested should not be granted; 2. The Plaintiffs will file an answer on or before April 17, 2009; 3. After review of the Plaintiffs answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Mark S. Silver, Esquire Attorney for Plaintiffs P. O. Box 1152 H rrisburg, PA 17108 Kevin D. Rauch, Esquire Attorney for Defendant 1017 Mumma Road Lemoyne, PA 17043 bas lx-i," M. L. Ebert, Jr., J. YWA'USNN3d ?z -.8 MV 62" aft OZ Am, CO*R 3XVU4 jo CARLETTA GABLE AND TODD GABLE, HER HUSBAND, PLAINTIFF V. LORI K. RADLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3214 CIVIL ORDER OF COURT AND NOW, this 17th day of April, 2009, having been advised by Attorney Silver of the concurrence of all counsel involved, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Answer to the Rule issued in this matter will be filed on or before May 8, 2009. By the Court, ' -? ?" ? M. L. Ebert, Jr., J. X k S. Silver, Esquire Attorney for Plaintiffs P. O. Box 1152 Harrisburg, PA 17108 /evin D. Rauch, Esquire Erick V. Violage, Esquire Attorney for Defendant 1017 Mumma Road Lemoyne, PA 17043 bas £S 1 Wd L 18dV 60OZ ILUY??Ji tJ Li' -'Hi JO CARLETTA GABLE AND TODD GABLE, HER HUSBAND, PLAINTIFF V. LORI K. RADLE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3214 CIVIL ORDER OF COURT AND NOW, this 15th day of May, 2009, upon consideration of Defendant's Motion to Compel IME cancellation Fee and the Plaintiffs Answer thereto; The Court finds that the Plaintiff did not intentionally arrive late for the examination but was late as a result of circumstances beyond her control. Accordingly, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motion to Compel IME Cancellation Fee is DENIED. By the Court, Mark S. Silver, Esquire Attorney for Plaintiffs P. O. Box 1152 Harrisburg, PA 17108 Kevin D. Rauch, Esquire Erick V. Violage, Esquire Attorney for Defendant 1017 Mumma Road Lemoyne, PA 17043 bas I --? 4, \ ?.ap Ems' o-n-. < <f-J `v` M. L. Ebert, Jr., J. '`-Ano @I :C add 9 1 AN 60OZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. MOTION TO COMPEL PLAINTIFF'S ANSWERS TO SUPPLEMENTAL LORI K. RADLE, INTERROGTORIES Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, V. LORI K. RADLE, Defendant. CIVIL DIVISION NO. 06-3214 (Jury Trial Demanded) MOTION TO COMPEL ELAINTIFF'S ANSWERS TO SUPPLEMENTAL INTERROGATORIES AND NOW, comes the Defendant, Lori K. Radle, by and through her attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Motion to Compel Plaintiff's Answers to Supplemental Interrogatories, and in support thereof avers as follows: 1. This case arises out of a motor vehicle accident between the parties that occurred on June 10, 2004, from which Carletta Gable ("Plaintiff') alleges severe and permanent bodily injury. See Paragraph 13 of the Complaint). 2. On August 23, 2007, Defense counsel deposed Plaintiff. (A true and correct copy of the Notice of Deposition is attached hereto as Exhibit "A"). 3. On November 14, 2008, Defendant served Plaintiff with Supplemental Interrogatories concerning the Plaintiffs updated medical treatment and special damages to be alleged at trial. (A true and correct copy of said correspondence and Supplemental Interrogatories is attached hereto as Exhibit "B"). 4. In accordance with Pa.R.C.P. 4006, Plaintiff's Answers to Supplemental Interrogatories should have been received by December 8, 2008. 5. Defendant asked Plaintiff to provide her Answers to Supplemental Interrogatories by letters dated December 10, 2008; December 19, 2008; and January 2, 2009. (True and correct copies of said letters are attached hereto as Exhibit "C"). 6. By letter dated January 7, 2009, Defendant granted Plaintiff a six week extension to provide her Answers to Supplemental Interrogatories. (A true and correct copy of said letter is attached hereto as Exhibit "D"). 7. Defendant asked Plaintiff to provide her Answers to Supplemental Interrogatories by letters dated January 21, 2009; February 16, 2009; March 10, 2009; and April 2, 2009. (True and correct copies of said letters are attached hereto as Exhibit „E„ 8. To date, Plaintiff's Answers to Supplemental Interrogatories have not been received. 9. Defense counsel certifies that he has sought opposing counsel's concurrence to this motion and was unable to obtain concurrence. 10. Judge Ebert has had previous involvement with this case. On February 2, 2007, Judge Ebert issued an Order directing the Plaintiffs to provide responses to Defendant's Interrogatories and Request for Production of Documents. On March 1, 2009, Judge Ebert issued a Rule to Show Cause. (True and correct copies of said Order and Rule are attached hereto as Exhibit "F"). WHEREFORE, Defendant, Lori K. Radle, respectfully requests this Honorable Court enter an Order directing the Plaintiff to provide her Answers to Supplemental Interrogatories within twenty (20) days of the date of this order. . Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE $ SKEEL, L.L.P. B Y• C?. Kevin D. Rauch, Esquire Counsel for Defendant ¦ f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLET!TA GABLE and TODD GABLE, her husband, Plaintiffs, V. LORI K. RADLE, Defendant. CIVIL DIVISION NO. 06-3214 (Jury Trial Demanded) ORDER AND NOW, to wit, this day of 2009, it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff, Carletta Gable, provide the Defendant with Answers to Supplemental Interrogatories within twenty (20) days of the date of this Order or suffer additional sanctions as the Court sees fit. J. Distributions List: Kevin D. Ruch, Esquire Summers, VcDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterlin Parkway, Suite 306 Mechanics urg, PA 17050 Fax: 717-920-9129 Mark S. Silyer, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 Fax: 717-233-2516 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. NOTICE OF DEPOSITION OF PLAINTIFF, CARLETTA GABLE LORI K. ODLE, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. (Jury Trial Demanded) LORI K. RADLE, Defendant. NOTICE OF DEPOSITION TO: Cadetta Gable, Plaintiff c/o!Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 TAKE NOTE that the deposition of the Plaintiff, Carletta Gable, will be taken before a person duly authorized to administer oaths on Thursday, August 23, 2007, at 10:00 a.m. in the offices of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. located at 1017 Mumma Road, Lemoyne, Pennsylvania. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF DEPOSItION OF PLAINTIFF has been mailed by U.S. Mail to counsel of record via first class' mail, postage pre-paid, this day of , 2007. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant C- I November 14, 2008 Mark S. Silver, Esquire Joseph & Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: Ga le v. Radle Ou File No. 14856 Dear Mr. Silver: Enclosed please find Supplemental Interrogatories directed to Carletta Gable. Kindly resbond to the same within the timeframe provided by the Pa.R.C.P. Should you have any questions or concerns regarding the above, please feel free to contact' me at any time. Thank you. Very truly yours, Erick V. Violago EVV Enclosure c(oply IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. DEFENDANT'S SUPPLEMENTAL INTERROGATORIES TO PLAINTIFF, LORI K. RADLE, CARLETTA GABLE Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. LORI K. RADLE, (Jury Trial Demanded) Defendant. NOTICE TO: Plaintiff, Carletta Gable c/o' Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 Yow are hereby required to answer the following Interrogatories under oath and in writing pu uant to the Pennsylvania Rules of Civil Procedure within thirty (30) days of the date of setvice hereof. Kinkily take note of and comply with the following provision of Section 1827 of Act 6 of 1990: 'lAny person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment of a fine up to $15,600.00." Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE $ SKEEL, L.L.P. BY: Kevin D. Rauch, Esquire Attorneys for Defendant DEFENDANT'S SUPPLEMENTAL INTERROGATORIES DIRECTED TO PLAINTIFF, CARLETTA GABLE - SET #1 Please indicate whether you have received any medical treatment since the date of your deposition. If so, please state the following: a. the dates of such treatment; b. the nature of such treatment; C. the reason for such treatment; and d. the name and address of the provider of such treatment. A WER: 2. Please indicate the total amount of medical expenses incurred to date for treatment related to the subject accident. ANSWER: 3. Please indicate the total amount of medical bills which were paid or reihnbursed by Plaintiffs first party carrier. ANSWER: 4. Please indicate the total amount of medical bills which were paid by Plalintifrs health insurance carrier or other source. A WER: 5. Please indicate the total amount of any medical bills which were not paid or reimbursed by Plaintiffs first party carrier, health insurance carrier, or other applicable source. ANSWER: 6. Please indicate the total amount of any medical bills which Plaintiff intends to introduce into evidence at trial. A SWER: 7. Have you missed any time from work since the date of your deposition? If so, please state: a. the dates that you missed from work; b. the reason that you missed the above dates from work; C. whether you received any reimbursement from any source as a result of missing the above days from work; and d. if you received any reimbursement, please indicate the amount of reimbursement and the source. ANSWER: 8. Please state the total amount of any wage loss you will be claiming at trial as a result of the subject accident. ANSWER: 9. Phase state whether you insurance carrier for loss received. A SWER: have received any payments from your first party of income. If so, please state the total amount 10. Phase state whether you received any reimbursement for loss of income from any other source and state the amount. A SWER: 11. Please state whether you will be pursuing a claim for future impairment of earning power. If so, please state the amount of such claim and provide a copy of any report or documentation supporting such claim. ANSWER: 12. Phase set forth any other damages that will be claimed at the trial of this matter. A SWER: 13. Have you been involved in any subsequent accidents, including, but not limited to, motor vehicle accidents and/or fall downs since the date of the subject accident? If so, kindly advise of the following: a. The number of subsequent accidents; b. The date of each accident; C. Whether or not a lawsuit has been filed pursuant to each accident and if so, include a copy of the Complaint and other relevant pleadings; d. Whether or not you were injured as a result of each accident; e. Whether or not you have sought treatment as a result of each accident; and, f. If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. A WER: 14. Have you filed a claim for workers' compensation subsequent to the date of the subject accident? If so, kindly advise of the following: a. The number of subsequent workers' compensation claims; b. The date of each claim; C. Whether or not litigation has been filed pursuant to each claim; d. The nature of the injury for each claim; e. Whether or not you have sought treatment as a result of each claim; and, If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. AN WER 15. Have you injured yourself in any manner that caused you to seek chiropractic and/or medical treatment subsequent to the date of the subject accident? If so, kindly advise of the following: a. The nature of the subsequent injury; b. The date of said injury; C. Whether or not a lawsuit has been filed pursuant to said injury and if so, include a copy of the Complaint and other relevant pleadings; d. Whether or not you have sought treatment as a result of said injury; and, f. If so, list each medical, health, and/or chiropractic provider with whom you have sought treatment and/or consultation subsequent to said accident. ANSWER 16. Have you ever been charged with or convicted of any crime? If so, please state: a. the date you were charged with or convicted of each crime; b. the nature of the crime; and c. the jurisdiction in which you were charged or convicted. A NSWER Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. BY: Kevin D. Rauch, Esquire Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that the original of the within Defendant's Supplemental Interrogatories Directed to Plaintiff, Carletta Gable were served upon the following counsel of record via U.S. first class mail, postage prepaid this day of November, 2008: Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, MCDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. BY: Kevin D. Rauch, Esquire Attorneys for Defendant - 7 December 10, 2008 Mark S. Silver, Esquire Joseph A? Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: GO le v. Radle Ou File No. 14856 Dear Mr. $ilver: Kingly provide your client's Answers to the Supplemental Interrogatories so that we may move this matter forward. Should you have any questions or concerns regarding the above, please feel free to contact!me at any time. Thank you. Very truly yours, Erick V. Violago EW C(Dp:)Y December 19, 2008 Mark S. Silver, Esquire Joseph & Klein, P.C. P.O. Box 11152 Harrisburg, PA 17108 RE: GO le v. Radle Ou File No. 14856 Dear Mr. Silver: Pleose contact me to discuss when I can anticipate receiving your client's Answers io the Supplemental Interrogatories. I would be willing to grant a reasonable extension of time to provide the answers. However, if I do not hear from you regarding the same,) I will be forced to file a Motion to Compel. Should you have any questions or concerns regarding the above, please feel free to contactlme at any time. Thank you. Very truly yours, Erick V. Violago EVV Ply coo January 2, 2009 Mark S. Silver, Esquire Joseph A Klein, P.C. P.O. Box 11152 Harrisburg, PA 17108 RE: Gable v. Radle Our File No. 14856 Dear Mr. Silver: Please provide your client's Answers to the Supplemental Interrogatories so that we may move this matter forward. For your reference, this discovery request was served o6 November 14, 2008. 1 would be willing to grant a reasonable extension of time to provide the answers. However, if I do not receive them or hear from you regarding when I can expect to receive them, I will be forced to file a Motion to Compel. Should you have any questions or concerns regarding the above, please feel free to contact) me at any time. Thank you. Very truly yours, Erick V. Violago EVV January 7, 2009 Mark S. Silver, Esquire Joseph A} Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: G ble v. Radle O r File No. 14856 Dear Mr. !Silver: Per your request by letter dated January 5, 2009, please be advised that I am willing to grant a six (6) week extension to provide your client's Answers to the SupplemOntal Interrogatories. As such, I look forward to receiving the same by Monday, February !16, 2009. Should you have any questions or concerns regarding the above, please feel free to contact me at any time. Thank you. Very truly yours, Erick V. Violago EVV I ? I Ca C "'j_ i January 21, 2009 Mark S. Sliver, Esquire Joseph A. Klein, P.C. P.O. Box 152 Harrisburg, PA 17108 RE: Ga le v. Radle Ou File No. 14856 Dear Mr. Silver: Pie se advise when I can anticipate receiving your client's Answers to Suppleme tal Interrogatories. As discussed, if I do not receive them by Monday, February 6, 2009, 1 will be forced to file a Motion to Compel. Should you have any questions or concerns regarding the above, please feel free to contact a at any time. Thank you. Very truly yours, Erick V. Violago EVV } ( 1 0 , (?D pc:),Vz February 16, 2009 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box ? 152 Harrisburg, PA 17108 RE: Ga le v. Radle Ou File No. Dear Mr. silver: Per! your request, referenced matter. 14856 enclosed please find Dr. Mitrick's IME report in the above- Pleose also forward your client's Answers to the Supplemental Interrogatories so that we m y move this matter forward. Should you have any questions or concerns regarding the above, please feel free to contact hie at any time. Thank you. Very truly yours, Erick V. Violago EVV Enclosure 1. • March 10, 2009 Mark S. SjIver, Esquire Joseph A.I Klein, P.C. P.O. Box 1 152 Harrisburg, PA 17108 RE: GO le v. Radle Ou File No. 14856 Dear Mr. Silver: Ple se allow this letter to confirm our telephone conversation on March 9, 2009. As discus ed, it is my understanding that you will provide the Plaintiffs Answers to Supplemental Interrogatories by Friday, March 20, 2009. 1 look forward to receiving the same. Should you have any questions or concerns regarding the above, please feel free to contact lme. Thank you. Very truly yours, Erick V. Violago EVV i$ • ?zD\'\Yv April 2, 2009 Mark S. S?iIver, Esquire Joseph A.j Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 RE: GO le v. Radle Ou File No. 14856 Dear Mr. $ilver: Ple se allow this letter to confirm our conversation on March 31, 2009. It is my understan ing that you are still not willing to contribute to the $500.00 cancellation fee of Dr. Mitr ck. Additionally, you will provide your client's Answers to Supplemental Interrogatories in the near future. If I do not receive the same within fourteen (14) days of the date of this letter, I will be forced to file a Motion to Compel. Finally, I have informed State Farm that you are requesting an offer pursuant to our discussion. I will contact you upon receipt of a response. Should you have any questions or concerns regarding the above, please feel free to contact Ime. Thank you. Very truly yours, Erick V. Violago EVV ) t t • y i i 1?'? FEB 012007 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, np NO. 06-3214 Lf" V. (Jury Trial Demanded) LORI K. PADLE, Defendant. ORDER AND NOW, TO WIT, this a7.1-4 day of 2007, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiffs, Carletta Gable and Todd Gable provide [defendant, Lori K. Radle, with full and complete answers and responses to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order. BY THE COURT: 151 7'h . aC C?f?c ?F , J. If 1E COPY FROM REC O M YO" whereof, I here unto set my haTK ind the WW of said Co rt at CadW, Pa. ` bAIRLETTA GABLE AND : -IN THE COURT OF COMMON PLEAS OF TODD GABLE, HER HUSBAND, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. coo p? LORI K. RADLE, DEFENDANT NO. 06-3214 CIVIL ORDER OF COURT AND NOW, this 1s'day of March, 2009, upon consideration of the Motion to Compel IME Cancellation! Fee filed by the Defendant, IT I$ HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiffs to show cause why the relief requested should not be granted; 2. The Plaintiffs will file an answer on or before April 17, 2009; 3. After review of the Plaintiffs answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?'t?AA\ M. L. Ebert, Jr., J. Mark S. Silv r, Esquire Attorney for Plaintiffs P. O. Box 1152 Harrisburg, PA 17108 Kevin D. Rauch, Esquire Attorney for Defendant 1017 Mumma Road Lemoyne, PA 17043 bas 1.Z Y ,#Idd ? ? i 1% • • 't • CERTIFICATE OF SERVICE I (HEREBY CERTIFY that a true and correct copy of the foregoing MOTION TO COMPE? PLAINTIFF'S ANSWERS TO SUPPLEMENTAL INTERROGATORIES has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19th day Of May, 2009 Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE $ SKEEL, L.L.P. By: ? C,A Kevin D. Rauch, Esq re Counsel for Defendant OF THE 2009 MAY 2U Ph 1: 1 U MAY 2,-L,2009? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, NO. 06-3214 V. (Jury Trial Demanded) LORI K. RADLE, Defendant. ORDER t AND NOW, to wit, this 2 (o day of M d? , 2009, it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff, Carletta Gable, provide the Defendant with Answers to Supplemental Interrogatories within twenty (20) days of the date of this Order or suffer additional sanctions as the Court sees fit. j. Itk -? Xk. Distribution List: 41evin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Fax: 717-920-9129 Xrk S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 Fax: 717-233-2516 I f 0 349°v M16933 3"-? Q?li CARLETTE L. GABLE and TODD D. GABLE, her husband, Plaints;?`s V. LORI K. RADLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiffs, do hereby certify that on this date I served the foregoing PLAINTIFF CARLETTE L. GABLE'S ANSWERS TO DEFENDANT'S SUPPLEMENTAL INTERROGATORIES DIRECTED TO PLAINTIFF by placing a true and correct copy of the same in the United States Mail, postage pre-paid, deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant as follows: Kevin D. Rauch, Esquire Erick V. Violago, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Lori K. Radle, Defendant JO EPH A. KLEIN, P.C. Date: S ^ '1- (Q 0 Q,, By: Mark 'S. ver, Esquire I.D. No. 09825 500 North Third Street, 7'h Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable, her husband THE- "!ARY 2009 1,1"^c r, c'8 p"1 2: L I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTA GABLE and TODD GABLE, her husband, Plaintiffs, V. LORI K. RADLE, Defendant. CIVIL DIVISION NO. 06-3214 (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 State Farm To: Mark S. Silver, Esquire Kevin D. Rauch, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, the subpoena may be served. Date: 7 p By: a?? 6r- 1 Kevin D. Rauch, Esquire Attorney I.D. No. 83058 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant, Lori K. Radle EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: State Farm RE: Carletta Gable - The first party benefits file under date of loss: June 10, 2004; and A declarations page in effect on June 10, 2004. The first party benefits file under date of loss: December 25, 2005; The first party benefits file under a date of loss in September 1993; and Any other first party benefits files concerning Carletta Gable. FILEU r T fr 1 1aii 2C091ILI -8 c FCIa ;,'? ?ir'f.? • c'a vhtl - c?a bl t . - Tadcl L?? bl? yu?- huf?'ihd ?S C ?k,- /c. 1,7acf /e CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 7th day of July, 2009. Mark S. Silver, Esquire Joseph A. Klein, P.C. P.O. Box 1152 Harrisburg, PA 17108 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. Rauch, Esquire Counsel for Defendant OF TH" ! ?! ,? `Y 2CH JU -8 NO, 2: Oil i C vr IT PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: 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) Carletta Gable, and Todd Gable, her husband, (Plaintiff) VS. Lori K. Radle FILED-OFFICE OF ?H£ PROTHONOTARY 2011 JUN 21 AM 10: 58 CUMBERLAND ICOUNTY (check one) X1 Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 8/23/11 and Trials commence on 9/19/11 VS. (Defendant) Pretrials will be held on 9/7/11 (Briefs are due S days before pretrials No. 3214 2006 Indicate the attorney who will try case for the party who files this praecipe: Seth T. Black, Esquire Term Indicate trial counsel for other parties if known: Mark Silver, Esquire This case is ready for trial. Signed: Name: th T. Black, Esquire Date: /z-,o l a+ as.0° 'Pd Q e as99 ¢? atPo $3t) Attorney for: Defendant ek CARLETTE GABLE and : IN THE COURT OF COMMON PLEAS OF TODD GABLE, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW y V. NO.: 06-3214 - CIVIL= `a3 --- m LORI K. RADLE, z? - Defendant JURY TRIAL DEMANDED JOINT PRAECIPE TO REMOVE CASE FROM CIVIL TRIAL 'T z° (SEPTEMBER TRIAL TERM, 2011) D= _ °rn y TO THE PROTHONOTARY: Please remove the above-captioned civil action from the Civil Jury Trial List for the September, 2011 trial term. The Praecipe listing the case for trial was filed June 21, 2011. This is a joint request, concurred in by counsel for Plaintiff and Defendant, evidenced by their respective signatures below. R ct ' submitted, V P tEIN, P.C. By: M k . Silver, Esquire I.D. No. 09825 500 North Third Street, 7`n Floor P.O. Box 1152 D ate: Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiff Carlette L. Gable and Todd D. Gable. her husband SUMMERS, McDONNELL, HUDOCK, GUT RIE & S EEL, P.C. By: eth . Black, Esquire I.D. No. ?,-?C) ? 100 Sterling Parkway Suite 306 Date: ?-,P, ?` l t Mechanicsburg, PA 17050 \ (717) 901-5916 Attorneys for Defendant Lori K. Radle ck (-r PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) s $? PPOTH6NOTAR'l 2,911 Al9r -8 AM 10, 33 °1IMBERLANO COUNTY PENNSYLVANIA TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X? for JURY tria 1 at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) Carletta Gable, and Todd Gable, her husband (check one) X? Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) vs. Lori K. Radle VS. (Defendant) Trials commence on 12/5/11 The trial list will be called on 11/8/11 and Pretrials will be held on 11/23/11 (Briefs are due S days before pretrials No. 3214 2006 Indicate the attorney who will try case for the party who files this praecipe: Seth T. Black, Esquire Term Indicate trial counsel for other parties if known: Mark Silver, Esquire This case is ready for trial. Date: Attorney for: Defendant 0V?.%aSb0'?d 0.1? aU a of og nt Name: Seth T. Black, Esquire CA CARLETTA GABLE and IN THE COURT OF COMMON PLEAS OF TODD GABLE, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v :Z tT r+? LORI K. RADLE max, oc) , Defendant 06-3214 CIVIL TERM cr xC" IN RE: CASE STRICKEN FROM LIST z' ?-' !' -r C= ?. ORDER OF COURT ti"1 AND NOW, this 8th day of November, 2011, upon consideration of the call of the civil trial list, and no person having appeared to call the above-captioned case for trial, it is stricken from the trial list. ./ Mark Silver, Esquire 500 N. Third Street 7th Floor P.O. Box 1152 Harrisburg, PA 17108 For Plaintiffs Mr ?ie.& Seth T. Black, Esquire 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 For Defendant Court Administrator In :mae By the Court, I QA/TL PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?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) Carletta Gable, and Todd Gable, her husband (Plaintiff) vs. Lori K. Radle (Defendant) vs. Ma? c_. m.. (check one) X? Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 3/27/12 and Trials commence on 4/23/12 Pretrials will be held on 4/11/12 (Briefs are due S days before pretrials No 3214 2006 Term Indicate the attorney who will try case for the party who files this praecipe: Seth T. Black, Esquire Indicate trial counsel for other parties if known: Mark Silver, Esquire - This case is ready for trial. Signed: Date: 1/13/12 T. Black, Esquire Attorney for: Defendant *aq.15 PD Amf eta&8a pit a 1,9190 tv rll1 f4Tt; Y 24 n?I ((? 11 L,'J C. !"I* MSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLETTE GABLE and CIVIL DIVISION TODD GABLE, her husband, Plaintiffs, V. LORI K. RADLE, (Defendant. NO. 06-3214 (Jury Trial Demanded) TO: THE PROTHONOTARY Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, JOSEPH A. KLEIN, P.C. I By: 4 - ? o - ?t- Mark S. Silver, Esquire Counsel for Plaintiffs