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Home My WebLink About02-2424RAV~LE & HENDERSON LLP BY: Timothy J. Abeel, Esquire Identification No. 49791 BY: James A. Wesco¢, Esquire Identification No. 82923 Thc Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendant, American Freightways, Inc. MAGRIELLE H. EISEN, a minor by ELLIS EISEN, her Guardian, VS. Plaintiff, AMERICAN FREIGHTWAYS, INC., and JAMIE D. FISHER, Defendants. COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA MLrNICIPAL COURT NO.: SC-10 10 15 1667 ORDER AND NOW, this d[~ day of f~ t~ ,2002, upon consideration of the preliminary obi ections of defendant, American Freightways, Inc., to plaintiff's Complaint, and any and all responses thereto, it is hereby ORDERED and DECREED that said preliminary objection~are GRANTED. This case is hereby transferred to th0D!:t.:'~t Court of Cumberland County, with the costs and fees of transfer and removal of the record to be prod by F .......f.4~ BY THE COURT: . RAWLE & HENDERSON LLP BY: Timothy J. Abeel, Esquire Identification No. 49791 BY: Sames A. Wesco¢, Esquire Identification No. 82923 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendant, American Freightways, Inc. MAGRIELLE H. EISEN, a minor by ELLIS EISEN, her Guardian, Plaintiff, COMMONWEALTH OF PENNSYLVANIA MUNICIPAL COURT VS. AMERICAN FREIGHTWAYS, INC., and JAMIE D. FISHER, Defendants. NO.: SC-10 10 15 1667 PRELIMINARY OBJECTIONS OF DEFENDANT AMERICAN FREIGHTWAYS, INC. ON THE BASIS OF IMPROPER VENUE PURSUANT TO PA.R.C.P. 1028(a](11. PA.R.C.P. 1006 and PA.ILC.P. 2179 Defendant American Freightways, Inc. (hereinafter "American Freightways" or "moving defendant"), by its attorneys, Rawle & Henderson m~, hereby files Preliminary Objections to Plaintiff's Complaint pursuant to PA.R.C.P. 1028(a)(I). 1. On or about October 15, 2001, plaintiff, Magrielle H. Eisen, a minor, filed a Statement of Claim (hereinafter referred to as the "Complaint") in the Municipal Court for Philadelphia County against defendants American Freightways and Jamie Fisher. See Exhibit "A,"a~ached. 0651221.01 0360700.01 2. The aforesaid Complaint pertains to a motor vehicle accident which occurred on October 3, 2001, on High Street. The Complaint does not state the name of the Township, Town, County or other municipality where the accident allegedly occurred. See Exhibit "A". 3. However, it is undisputed that the motor vehicle accident which is the subject of plaintiff's Complaint occurred in the City of Carlisle, and in the County of Camberland, Pennsylvania. See copy of Carlisle Police Department Accident Report attached hereto as Exhibit "B." 4. Indeed, according to the Carlisle Police Department Accident Report, plaintiff and defendants were involved in a motor vehicle accident on October 3, 2001, in Carlisle, Pennsylvania. See Exhibit "B." 5. At the time plaintiff's Complaint was filed, and at the present time, defendant Jamie Fisher was an individual residing at 208 N. West Street, Carlisle, Pennsylvania, 17013.~ See Exhibit "A." 6. At the time plaintiff's Complaint was filed, defendant American Freightways, Inc. was an Arkansas corporation duly organized and existing under the laws of the State of Arkansas with its principal place of business located at 2200 Forward Drive, Harrison, Arkansas 72602. 7. Defendant American Freightways does not maintain a registered office or principal place of business in Philadelphia County. 8. Moreover, plaintiff's Complaint fails to allege that the corporate defendant, ~Defendant Jamie Fisher was not served with the Summons and Complaint or Statement of Claim and is, therefore, not party to the action at issue herein. 0651221.01 0360700.01 American Freightways, ma'mta'ms a registered office or principal place of business in Philadelphia County. 9. This cause of action did not occur in Philadelphia County. 10. Plaintiff was not a resident of Philadelphia County at the time of the accident. 11. Plaintiff is not presently a resident of Philadelphia County. 12.. Moreover, plaintiff's Guardian, Ellis Eisen, is not, and was not at any time relevant hereto, a resident of Philadelphia County. 13. Additionally, all of the witnesses listed on the Police Report are residents of Cumberland County. For the reasons set forth above, and given the requirements of PA.R.C.P. 1006, venue of this action in Philadelphia County is improper. MOTION TO TRANSFER VENUE TO CUMBERLAND COUNTY 14. Defendant hereby incorporates the averments contained in paragraphs 1 through 13 by reference, as if same were set forth at length herein. 15. Under Pa.R.C.P. 1006(a), an action against an individual may be brought in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. Pa.R.C.P. 1006(a). 16. Defendant Jamie Fisher is not a resident of Philadelphia County, and he may not be served in Philadelphia County. 0360700.01 17. As noted, the accident that is the subject of plaintiffs' Complaint occurred in Cumberland County. See Exhibits "A" and "B." 18. Therefore, venue is improper in the instant case because the cause of action occurred in Cumberland County and defendant Jamie Fisher is not a resident of Philadelphia County and is not subject to service in Philadelphia County. 19. Further, under Pa.R.C.P. 2179(a), a personal action against a corporation may be brought in and only in (1) the county where its registered office or principal place of business is located; (2) a county where it regularly conducts business; (3) the county where the cause of action arose; or (4) a county where a transaction or occurrence took place out which the cause of action arose. 20. Defendant American Freightways is a corporation, and it does not maintain a registered office or principal place of business in Philadelphia County. 21. As noted, the accident that is the subject of plaintiffs' Complaint occurred in Cumberland County. See Exhibits "A" and "B." 22. Therefore, venue is improper in the instant case because the cause of action occurred in Cumberland County and American Freightways does not maintain a registered office or principal place of business in Philadelphia County. 23. In the instant case, venue is proper in Cumberland County only, because the cause of action occurred in Delaware County and none of the parties are subject to service in 0651221.01 0360700.01 Philadelphia County? 24. Pursuant to Pa.R.C.P. 1006(e), this case has been improperly brought in Philadelphia County and should be transferred to the appropriate court sitting in Cumberland County and removed from Philadelphia County. 25. Moreover, all of the witnesses listed on the Police Report are residents of Cumberland County. 26. Thus, the interests of justice and judicial economy will be served by transferring this matter to Cumberland County. WHEREFORE, moving defendant, American Freightways, Inc., respectfully requests that this Honorable Court grant the instant preliminary objections and transfer this action to the District Court for Cumberland County, with costs and fees of transfer and removal of the records to be paid by plaintiff pursuant to PA.R.C.P. § 1006(e). Dated: April 17, 2002 Respectfully submitted, RA~/E~h~fERSON LLV By: q~7/-~//~- /James A. Wescoe Attorneys for Defendant, American Freightways, Inc. 2Moreover, plaintiffMagrielle Eisen was reportedly attending school in the Carlisle area at the time of the accident. Thus, she maintained a residence in or near Cumberland County when the accident occurred. 0651221.01 0360700.01 RAWLE & HENDERSON LLP BY: Timothy J. Abeel, Esquire Identification No. 49791 BY: James A. Wescoe, Esquire Identification No. 82923 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendant, American Freightways, Inc. MAGRIELLE H. EISEN, a minor by : ELLIS EISEN, her Guardian, : ; VS. Plaintiff, COMMONNVEALTH OF PENNSYLVANIA MUNICIPAL COURT NO.: SC-10 10 15 1667 AMERICAN FREIGHTWAYS, INC., and JAMIE D. FISHER, Defendants. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant American Freightways, Inc., by and through its attorneys, Rawle & Henderson, LLP, hereby submits the following Memorandum of Law in Support of its Preliminary Objections. I. STATEMENT OF THE CASE In this motor vehicle negligence case, plaintiff Magfielle Eisen alleges that American Freightways negligently and carelessly caused its tractor trailer to collide with plaintiff's vehicle, causing bodily injuries and other damages. According to plaintiffs Complaint, the accident giving rise to her cause of action occurred on October 3, 2001 on 0651221.01 0360700.01 High Street. However, plaintiff's Complaint does not state the name of the municipality or county where the accident occurred. See Exhibit "A." It is undisputed, however, that the subject accident occurred in the City of Carlisle, Pennsylvania, and the County of Cumberland, Pennsylvania. See Exhibit "B." Nevertheless, plaintiff's Complaint was filed in the Court of Common Pleas for Philadelphia County on or about October 15, 2001. Defendant American Freightways is an Arkansas corporation duly organized and existing under the laws of the State of Arkansas with its principal place of business located at 2200 Forward Drive, Harrison, Arkansas 72602. Moreover, American Freightways does not maintain a registered office or principal place of business in Philadelphia County. Defendant Jamie Fisher is an individual residing at 1116 Newville Road, Carlisle, Pennsylvania, 17013, and he is not subject to service in Philadelphia County. At the time plaintiff's Complaint was filed, defendant Jamie Fisher was an individual residing at 208 N. West Street, Carlisle, Pennsylvania, and not subject to service in Philadelphia County. It is uncontroverted that none of the actions, omissions or conduct giving rise to plaintiff's Complaint occurred in Philadelphia County. Further, it is uncontroverted that the defendants do not reside in Philadelphia County, do not maintain a principal place of business or registered office in Philadelphia County, and are not subject to service in Philadelphia County. Accordingly, venue is proper in one possible place -- Cumberland County, where the cause of action arose, and where every witness to the accident, as well as the investigating police officer, resides. 0651221,01 0360700.01 Set forth below are the case law and argument to enable this Honorable Court to grant the instant preliminary objections of American Freightways and transfer venue in this matter to Cumberland County. II. ARGUMENT Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(1 ), a party may preliminarily object to a complaint by raising a question of venue. Pa. R. Civ. P. 1028(a)(1). Venue in this action in Philadelphia is improper and moving defendant asserts the instant preliminary objections to said venue pursuant to the aforementioned Pennsylvania Rules of Civil Procedure. As previously noted, the accident which is the subject of plaintiff's Complaint occurred outside of Philadelphia County. Specifically, plaintiff alleges that American Freightways negligently and carelessly caused its vehicle to collide with plaintiff's motor vehicle, resulting in injuries and other damages on High Street. Moreover, it is undisputed that the accident occurred in Carlisle, Cumberland County. The question of venue is governed by Pennsylvania Rule of Civil Procedure 1006(a) which provides in pertinent part that: ... an action against an individual may be brought in and only in a eoun _ty in which he may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law. See Pa. R. Civ. P. 1006(a). (emphasis supplied). 0651221.01 0360700.01 Further, under Pa.R.C.P. 2179(a), a personal action against a corporation may be brought in and only in (1) the county where its registered office or principal place of business is located; (2) a county where it regularly conducts business; (3) the county where the cause of action arose; or (4) a county where a transaction or occurrence took place out which the cause of action arose. Defendant American Freightways is a corporation, and it does not maintain a registered office or principal place of business in Philadelphia County. The accident that is the subject of plaintiffs' Complaint occurred in Cumberland County. See Exhibits "A" and "B." Therefore, venue is improper in the instant case because the cause of action occurred in Cumberland County and American Freightways does not maintain a registered office or principal place of business in Philadelphia County. Accordingly, defendants are subject to suit in Cumberland County only. PlaintiWs choice of Philadelphia County is improper as Philadelphia has no compelling connection to the instant lawsuit. It is further well established law that a plaintiWs choice of forum is not unassailable. Indeed, ifa defendant clearly adduces facts which establish such an oppressive and vexatious situation to defendant as to be all out of proportion to plaintiffs' choice of forum, or to make trial in the chosen forum inappropriate because of considerations affecting the court's own administrative legal problems, then plaintiffs' chosen venue may be changed. See Forman v. Rossman, 672 A.2d 1341 (Pa. Super. 1996). Moreover, Cumberland County has a substantial interest in this litigation. 0651221.01 0360700.01 Cumberland County certa'mly has an interest in the enforcement of motor vehicle laws and the safety of its residents who travel on its roads. Cumberland County further has an interest in litigating lawsuits arising from incidents occurring in Cumberland County, such as in the present case. To the contrary, Philadelphia County has no interest in this litigation. In fact, Philadelphia County has absolutely no relationship to this litigation. Numerous courts have noted, as this Court is aware, Philadelphia County is a congested center of litigation. See Brown v. Montgomery_ Valley Transplant Pro,am. 538 A.2d 889 (Pa. Super. 1988). Venue of this case in Philadelphia County, a congested litigation center with no relation to this lawsuit, violates the public interest of the Commonwealth of Pennsylvania, of Philadelphia County and of Cumberland County. In addition to the general public policy of the Commonwealth, Philadelphia County has an interest in litigating disputes arising within its jurisdiction and, in not unduly burdening its people with the cost of litigating suits to which they are entirely unconnected. See. Forman (supra.). For example, in the Forman case, all of the defendants maintained offices in Bucks County, the sources of proof were located in Bucks County, the plaintiff resided in Bucks County, the majority of the prospective witnesses were all located in Bucks County, the plaintiff received treatment exclusively in a Bucks County hospital and many of the medical institntions relevant to the case were located in Bucks County. Most importantly, however, the court felt that since the alleged negligence occurred in Bucks CounO~, and no acts of negligence were alleged to have taken place in Philadelphia CounO~, plaintiff failed to establish any compelling 0651221.01 0360700.01 connection to Philadelphia. Forman. 672 A.2d at 1344 (emphasis supplied). Similarly, in the instant case, none of the parties are residents of Philadelphia County, and American Freightways does not maintain a principal place of business or registered office in Philadelphia County. Most importantly, the accident did not occur in Philadelphia County. Further, the investigating officer resides in Cumberland County, and plaintiffreceived medical treatment in Cumberland County, which is where the accident occurred. Finally, all witnesses to the accident reside in Cumberland County. Public policy considerations mandate the finding that venue of this action is not proper in Philadelphia County, but is appropriate in Cumberland County where all of the alleged acts of negligence giving rise to plaintiff's claims against moving defendant took place and where all of the transactions or occurrences out of which plaintiff's claims arose occurred. III. CONCLUSION Pursuant to Pa. R. Civ. P. 1006, venue in this action is proper only in Cumberland County. Venue is not proper in Philadelphia County where this action was filed. Pursuant to Pa. R. Civ. P. 1006(e) "[i]f a preliminary objection to venue is sustained and there is a county of proper venue within the state, the action ... shall be transferred to the appropriate court of that county." Pa. R. Civ. P. 1006(e). Thus, this action should be transferred to District Court in Cumberland County forthwith. WHEREFORE, Defendant American Freightways, Inc., respectfully requests that this Honorable Court grant the instant preliminary objections and transfer this action to the 0651221.01 0360700.01 appropriate District Court in Cumberland County. Respectfully submitted, RAWLE & HENDERSON Lt~ By: ~ CSCOC Attorneys for Defendant, American Freightways, Inc. 0651221.01 0360700.01 James A. Wescoe, Esquire hereby states that he is authorized to make this Verification; that he has read the foregoing Preliminary Objections and knows the contents thereof; that the facts therein contained which are within his knowledge are true and correct; as to the other facts contained therein, he is informed, believes and therefore avers them to be tree. This Verification is taken pursuant to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. The undersigned understands that any false statement made herein is punishable by law. Dated: April 17, 2002 ~. WESCO~ 0651221.01 0360700.01 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendant, American Freightways, Inc.'s Preliminary Objections to Plaintiff's Complaint and Motion to Change Venue, was served upon the below listed counsel this 17th day of April, 2002 by first-class mail, postage prepaid: Ellis Eisen, Esquire 2005 Market Street 24th Floor Philadelphia, PA 19103 JAM~S,~.. WESCOE 0651221.01 0360700.01 Exhibit A .34 South ~,~,TS g~, ~ ~ ] 800 ~ ~, ~l~, ~ 08075 323 F~ ~d ~, ~A ~096 , cooE ~ D. F~ . ~,' ~ '" /~ 208 N. ~t S~%, ~sle, PA 17013 Plainti~(a) ' -- I ~ CONSTABLE SERVICE· Defendant(s) {RVICE ADD,ESS (INFORMATION) If other than ~bo~9 ~ ~ MOTOR~E'CASE~'De~nda~t Ll~n~e~lnf°rmat~on 7':': · "::.~ T~ANT: The above named plaintiff(s) ask judgment in this Cou~ against you for, $1 ~ 0~0 0~ ' pl~s cou~ ~s~ upon:the foll~ing claim: ~ ~ ~t westward in the middle of the 400 bldck of High Street when b~r car was hit c~ the passenger side by Defendants' vehicle which, situated p~p~.'~cular to Plaintiff's car was attem~cin~ to pull out of a parking lot to make a left turn cnto High Street. '~he PrincipalAmount n-~!!i~nce of Defendants cc~sisted of failing to have their vehicle' · $10,000.00 ta3a,~-,- p~omer and adequate control and in its p£.:,per lane of tra~,~l an~ Interest'at % failing to main~-a~n a proper lcokout and to make a timely a~cation from of brakes. As a resultof the aforesaid actions of Defendants, Plainti~ sustained injuries including, bqt not limited to b. er hack, neck, head, $ face~ t~eth and clavicle as well as to her D. er'v'OUS syste~!.~ s(:Tf~ of Attorney'aFee: which may be pezmanent in nature. As a f-urt/n~er result, Pla/ntlff $ e~pacity, which suffering may continue indefinitely, all of which $ =~ a loss of at l~-~t $10,000.00. TOT^, $10,000.00 ~ NO!~CE TO O~.~SND ~,ED ~US COURT COSTS F.~]~S Hisen,~Esc~'e, 926083, 2005 Market St, 24th Fi.,Phila. ,. PA 191 3 (215) 665-3505 ;OMMONWEALTH OF PENNSYLVANIA * ~- ' ;OUNTY OF PHILAOELPHIA ss: SUMMONS to the defendant: You are I..c,1 n .t ~- ...-' --- hereby ordered to appear at a hearing ached- ~e?ose'~'~n~d 5a~'~l~"~(he faq S set forth in.this complaint , uled as fotlows: ClTACION - Al Demandado: Per la · p,~esente, usted esta d[rijido a presentarse a la aiguiente vista eh: DEC. 7, 2001 ~PORTANT NOTICE TO THE DEFENDANT ~u have been sued in court. If you wish to defend against the' claims set ':~ you must appear al the date, time and place as shown You are warned ~t if you fad to appear, the case may p~oceed without you and a judgment ay ~'e ent.red against you by the Court without further notice for any rnoney a~med in =~e cornpialnt et ~o~ any other claim or ~e[ie~ requested by the aintiff. You may lose money Or property ~r other rights important to you. BTHE MUNICIPAL COURT COMPLIES WITH THE AMERICANS WITH OISABILITIES ACT WHICH REQUIRES THAT ALL COURT SERVICES AND FACILITIES BE NOTA]MPORTANTE PARA EL ACUSADO Usted ha side dernandado en corte, Si usted desea de~enderse contra las quejas que aparecen en contra suya debe usted apelar el ~lia. la hera y sitio que se senalo Uste(3 esta advertido que si no cornparece, e[ case puede cotinuar sin su presencia y una querella puede set puesta en contra suya per la corte sin ninguna notdicacion, per dinero reclamado. o per alguna otra queja requierda per et dernandante Usted puede perder dinero, propiedad u circa derechos importantes para usted. LA CORTE MUNICIPAL CUMPLE CON EL DECRETO DE AMERICAN'OS INCAPACITAOOS (AMERICANS WITH DISABILITIES ACT). ESTE OECRETO REQUIERE OUE TODOS LOS SER- 'v') CIO S Y FAClLICADES DE C ORTE SEAN ACC ESIBLE A PERSONAS INCAPACITADAS, AL IGUAL QUE PERSONAS NO INCAPACITADAS. SE USTED ESTE INCAPAC[TADO Y NECESITA ACOMODACIONES RAZONABLES. PARA POOER RADICAR UNA OEMANDA, PARTICiPAR EN ALGUN PROCEDIMIENTO O UTILIZAR SERVICIOS EN LA CORTE MUNICIPAL PeR FAVOR LLAME AL TELEFONO COURT RECORD. ENTER DISPOSITION ON PART 2 . ~Qj/.~.~:..~;~,,:~¢,,,-7-". ,_.. ,: Exhibit B ~'~'~"~""~ ,~ ~ ~ ~ ~ .... ~ ~ ~'.~ ~ ~' ' ~'z~"~ ' ~' ...... ~-~'~ I .................................. Cr.$Dr. P~ONE ......... _. PAGE. C4 The Management To Treat Record Of Driver P~GE.¢5 ~PR 17 2803 12:39 Pr,1 RAWLE & HENDERSON tLP BY: Timothy $. Abeel, Esquire Id~mtification No. 4979 l BY: James A. Wescoe, Esquire Identificaion No. ~2923 ~ Widener Building One South Penn Squ~ PMladelphia, PA 19107 MAGR.I~-LLE H. ELSEN, a minor by ELLIS ELSEN, h~r Oua~dian, Plaintiff, VS. AMERICAN FREIGHTWAYS, INC., and JAMIE D. FISI-~R, D~f~ndants. Attorneys for Defendant, American Fr~il~htways, Inc. COMMONtWEALTH OF PENNSYLVANIA PHILADELPHIA MUNICIPAL COURT NO.: $C-10 t0 15 1667 Ap'p'IDAVIT OF B.I.~,AD CRAWIeORD BRAD C~O~, being dWy sworn, d~oses ~d s~: My n~e is Br~ Crawford ~d I ~ StaffCo~sel for ~e~c~ Frci~ays, Inc. I poss~s~ fi~t-h~d ~owled~ of~e location, scopc aM ~t~t of ~c~ Freish~ays, ~c.'s operaions in ~ CounV of Phil~elp~a ~d th~ Co~onweal~ of P~ylv~a. I possess first-h~d ~wledle of~e fact~ ~d legM issues of~is lawsuk ~d ~e ~cid~t which is ~e s~j~ct ofpl~i~s Compl~t. On O~ob~ 3, 200l, I was employed by ~c~ Freigh~a~, he. as StaffCo~s~l. MRY 81 ~00;~ 1:~8 PM FR RRWLE-HEN~ERSON ~15 5Gr~ ~55G TO 857~4J~J~4~i'~f~J P',~ As Staff Counsel, I mimage, ~upervise and r~view all claims et' any natm'~ that are filed against Am~-ican Fraightways, l.n¢.; I also manage all litigation iilg against or on behalf of Americm Freightways, Inc. American Freightways, Inc. is a ;orraner;ial motor carrier transporting fi:;'ight ;nclrr authority granted by the United States Inte, rstat¢ Commerce Commission. On October 3, 2001, and on the date plaintiff's Complaint was flied, Am~iom Freightways~ Inc. was an Arkansas corporation duly organizccl and existing under the laws of thc Sta~e of Arkansa~ with its principal place of business located at 2200 Forward Drive, Harrison, Arkansas 72602. On October .3, 2001, or on thc~ date plaintiffs Complaint was filed, Defendant Ama'lean Freightways, Inc. did not maintain a registered office or principal place ofb~siness in Philadelphia County. Def~dant American b"rcightways, Inc. do~s not maintain a registzred office or principal place otbusiness in Philadelphia Cotmty. On October 3, 2001, or on the date plaintiff filed her Complaint, defendant Arn~riean Freightways, In¢. did not maintain, own, manage, lease or rent a terminal or similar facility in Philadelphia County, American Freightways, Inc. does not maintain, own, m~nage, lease or rent a terminal or similar facility in Philadelphia County. On October 3, 2001, or on the date plainl:iff'~ Complaint was filed, defendant American t;reightwiys, Inc. did not maintain, own, ~e I~se or ~at ~y ~?~r or ~eli~ f~ili~es Philadelphia ~c~ ~i~a~, ~c. do~ not m~ntain, ~, m~a~e, l~s~ or ~t ~ ~pair or ~clin$ facilkics ~ ~il~lp~a Count. On October 3, 2001, or on ~e ~t~ pl~n~ffi Compl~nt wes fl~, ~twa~, ~c. did not t~a~e or store vehicles or ~quipm~t in Phila~hia County. ~c~ ~mi~ays docs not ~ or store v~hbbs or equipment in Phil~elphia Count. 0n 0ctob~r 3, 2001, or on ~ dat~ pl~ntif~s Compl~nt was fil~, ~a~, ~c, did not train, supe~ise, hire or test ~ve~ in Phil~clpMa County. Am~c~ ~i~a~, ~. does not ~en, sup~ise, hi~ or te~t ~v~ in Phil~elphia On October ~, 2001, th~ tr~r ~d tmil~ involv~ ~ the ~d~nt w~ch is the s~bj~ct of plainti~s ~mpl~t were nei~ re~st~ nor ~aged in P~ladelphia County. On Octob~ ~, 2001, the ~actor ~1~ involved in the ac~dent which is ~e subject of plainti~s Complaint was based cut of Am~c~ ~a~, ~c,'s Y~k, P~ylv~a MAY 02 2002 5712 PT4 - ' P'A~E~.'~S REPORT : ZDRDOCT USER ID: LAL First Judicial District CIVIL DOCKET REPORT CASE ID 020103654 PAGE 1 RUN DATE 05/08/02 RUN TIME 11:32 AM CASE NUMBER CASE CAPTION 020103654 EISEN ETAL VS AMERICAN FREIGHTWAYS INC FILING DATE COURT LOCATION JURY 30-JAN-2002 MA CH N CASE TYPE: MC - DENIAL TO OPEN JUDGMENT STATUS: ORDER ENTERED - FINAL DISPOS CROSS REFERENCE: MA SC01101516670 Seq ~ ASSOC Expn Date Type I__D 1 AD-FT A23104 2 1 APED @4430242 3 30-JAM-02 APPP ~4430243 4 APEP @4430243 Party Name / Address & Phone No. ABEEL, TIMOTHY J RAWLE & HENDERSON, LLP WIDNER BUILDING 1 SOUTH PENN SQUARE PHILADELPHIA PA 19107 (215)575-4200 AMERICA/~ FREIGHTWAYS INC 800 CREEK RD DELANCO NJ 08075 ELLIS, EISEN 323 FARWPPD RD wyArNEWOOD PA 19096 ELLIS, EISEN 323 FARWPPD RD WYNNEWOOD PA 19096 Filing Date / Time Docket Entry 30-JAM-02 16:17:35 ACTIVE CASE 30-JAM-02 16:27:40 APPEAL FROM MUNICIPAL COURT ABEEL, TIMOTHY J NOTICE OF APPEAL FROM DECISION RENDERED ON 07-JAN-2002. 31-JAM-02 15:31:53 PETITION TO OPEN JUDGMENT 81-02012081 RESPONSE DATE 3-4-02 AMERICAN FREIGHTWAYS INC, 08-FEB-02 14:25:06 ANSWER (MOTION/PETITION) FILED 81-02012081 ANS FILED TO PETITION TO OPEN JUDGMENT (FILED BY MAGRIELLE EISEN) REPORT : ZDRDOCT USER ID: First Judicial District CIVIL DOCKET REPORT CASE ID 020103654 PAGE 2 RUN DATE 05/08/02 RLrN TIME 11:32 AM Filinq Date / Time Docket Entry 06-M_~R-02 12:38:44 MOTION ASSIGNED 81-02012081 PETITION TO OPEN JUDGMENT ASSIGNED TO JUDGE CARRAFIELLO ON, 3-7-02. 26-M3kR-02 15:00:11 26-MAR-02 15:00:12 ORDER ENTERED - FINAL DISPOS CARRAFIELL0, MATTHEW D 81-02012081 UPON CONSIDERATIONN OF DEFENDANT AMERICAN FREIGHTWAYS, INC.'S APPEAL OF THE MLrNICIPAL COURT ORDER DENYING DEFENDANT'S PETITION TO STRIKE DEFAULT JUDGMENT, IMPROPERLY STYLED AS A PETITION TO OPEN DEFAULT JUDGMENT, AND PLAINTIFF'S RESPONSE THERETO, IT IS HEREBY ORDERED AND DECREED THAT SAID APPEAL IS GRJ%NTED AND THAT THE ORDER DENYING DEFENDANT'S PETITION TO STRIKE DEFAULT JUDGMENT IS VACATED. IT IS FURTHER ORDERED AND DECREED THAT SAID MOTION IS REMANDED TO THE MUNICIPAL COURT FOR FURTHER PROCESSING CONSISTENT WITH THIS ORDER .... BY THE COURT: CARRAFIELL0, J. 3-19-02. NOTICE GIVEN UNDER RULE 236 * * * Ezld of Docket * * * DOLCHIN~ SLOTKIN &TODD~ P.C. ATTORNEYS AT LAW JERRY H, DOLGHIN** MARK I. SLOTKIN* *ALSO ADMI~TEO IN NJ **ALSO ADMITTED IN DC & VA ***ADMI~IED ONLY IN DC, VA & MD Via Hand Delivery_ Ms. Patricia McDermott, Deputy Court Administrator Philadelphia Municipal Court 34 South 1 lth Street - Room 580 Philadelphia, Pennsylvania 19107 April 26, 2002 ONE COMMERCE SQUARE 24TH FLOOR 2005 MARKET STREET PHILADELPHIA, PENNSYLVANIA 19103 215- 665-8000 FAX 215-665-1565 Direct Dial No: 215-665-3505 PHILADELPHIA ~IUNICIP~. RECEIVED APR 2 $ 2002 CIVIL LISTI~IIlS Re: Magrielle H. Eisen v. American Freightways, Inc. and Jamie D. Fisher No. SC: 01-10-15-1667 May 3, 2002, 9:15 A.M., Courtroom 4-F Dear Ms. McDermott: I represent the plaintiff in the above scheduled case. The Court is to consider whether Judge Silberstein's denial of defendant, American Freightways, Inc.'s Petition to Open Judgment was an error of law or abuse of discretion. The matter was remanded pursuant to a March 19, 2002 Order of the Court of Common Pleas which vacated Judge Silberstein's denial of what was restyled as a Petition to Strike Default Judgment. On April 17, defendant, American Freightways, Inc. filed Preliminary Objections, requesting the case be transferred to a different venue and if such Preliminary Objections are denied, the hearing before this Court be rescheduled for a later date. VIRGINIA OFFICE: 5568 GENERAL WASHINGTON DRIVE SUITE A-217 ALEXANDRIA= VA 22312 866-554-9500 NEW JERSEY OFFICE: DOLCHIN, SLOTKIN & TODD 402 PARK BOULEVARD CHERRY HILL, NJ 08002 DOLCHIN, SI_OTKIN ~ TC~DD, P.C. April 26, 2002 Page -2- Enclosed please find plaintiff's Answer to Preliminary Objections, a copy of which is being transmitted to counsel. Contrary to defendant's request, I ask that if the Objections are considered and denied, the remanded matter be heard as scheduled. The basis of my request is that defendant's counsel has been provided with copies of medical bills which to date total nearly $5,000.00, as well as other evidence of economic loss. All elements of defendant's liability have been established and the damages suffered by plaintiff are now available for a determination of the propriety of Judge Silberstein's denial consistent with the Order of the Court of Common Pleas. If you intend to forward defendant's Preliminary Objections to the trial judge who will be sitting at the May 3 hearing, please do so with the Answer. Thank you. Very truly yours, Ellis Eisen EE:ltb Enclosure cc: James A. Wescoe, Esquire (w/eno.) ELLIS EISEN, ESQUIRE Identification No. 26083 2005 Market Street 24th Floor Philadelphia, Pennsylvania 19103 (215) 665-3505 Attorney for Plaintiff, Magrielle H. Eisen MAGRIELLE H. EISEN, a minor by Ellis Eisen, her Guardian, Plaintiff PHILADELPHIA MUNICIPAL COURT VS. AMERICAN FREIGHTWAYS, INC. and JAMIE D. FISHER, Defendants. NO.: SC-01-10-15-1667 ORDER AND NOW, this day of ,2002, it is hereby ORDERED and DECREED that the Preliminary Objections of Defendant, American Freightways, Inc. to Plaintiff's Statement of Claim and its Motion to Transfer Venue to Cumberland County are denied. pHILADELPHIA MUNICIPAl. COURT RECEIVED APR 2 $ ZOOZ CIVIL LISTINGS ELLIS EISEN, ESQUIRE Identification No. 26083 2005 Market Street 24th Floor Philadelphia, Pennsylvania 19103 (215) 665-3505 Attorney for Plaintiff, Magrielle H. Eisen MAGRIELLE H. EISEN, a minor by : Ellis Eisen, her Guardian, : : Plaintiff VS. AMERICAN FREIGHTWAYS, INC. and JAMIE D. FISHER, Defendants. PHILADELPHIA MUNICIPAL COURT NO.: SC-01-10-15-1667 PLAINTIFF, MAGRIELLE H. EISEN'S ANSWER TO PRELIMINARY OBJECTIONS Plaintiff, Magdelle H. Eisen, by and through her attorney, Ellis Eisen, hereby moves the Court for an Order denying Defendant, American Freightways, Inc.'s Preliminary Objections to Plaintiff's Statement of Claim, and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. -1- 4. Admitted. 5. Admitted. 6. Admitted. However, Defendant, American Freightways, Inc. regularly conducts business in Philadelphia County and venue is properly laid in Philadelphia County pursuant to Pa. R.C.P. 1006 (a), 1006 (b), 1006 (c) and 2179. 7. Admitted. However, Defendant, American Freightways, Inc. regularly conducts business in Philadelphia County and venue is properly laid in Philadelphia County pursuant to Pa. R.C.P. 1006(a), 1006 (b), 1006 (c) and 2179. 8. Admitted. However, Defendant, American Freightways, Inc. regularly conducts business in Philadelphia County and venue is properly laid in Philadelphia County pursuant to Pa. R.C.P. 1006 (a), 1006 (b), 1006 (c) and 2179. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. For the reasons set forth above, and given the requirements of Pa. R.C.P. 1006 (a), 1006 (b), 1006 (c) and 2179, venue of this action in Philadelphia County is proper. -2- PLAINTIFF. MAGRIELLE H. EISEN'S ANSWER TO MOTION TO TRANSFER VENUE TO CUMBERLAND COUNTY 14. Plaintiffhereby incorporates the averments contained in Paragraphs 1 through 13 by reference, as if same were set forth at length herein. 15. Denied. It is denied that under Pa. R.C.P. 1006 (a), an action against an individual may be brought in and only in the county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. To the contrary, Pa. R.C.P. 1006 (a) states that except as otherwise provided in Subdivisions (b) and (c) of this Rule, such an action may be brought. Subdivision (b) states that actions against corporations may be brought in the counties designated by Pa. R.C.P. 2179. Pa. R.C.P. 2179 states that except as provided by an Act of Assembly or by Subdivision (b) (neither applicable here), a personal action against a corporation may be brought in" (2) a county where it regularly conducts business;". Subdivision (c) of Pa. R.C.P. 1006 states that an action against two or more defendants may be brought against them all in any county in which venue may be laid against any one of them. 16. Admitted. 17. Admitted. 18. Denied. It is denied venue is improper in the instant case because the -3- cause of action occurred in Cumberland County and Defendant, Jamie D. Fisher is not a resident of Philadelphia County and is not subject to service in Philadelphia County. The allegations of this paragraph are conclusions of law to which no further response is required. 19. 20. 21. 22. Admitted. Admitted. Admitted. Denied. It is denied venue is improper in the instant case because the cause of action occurred in Cumberland County and Defendant, American Freightways, Inc. does not maintain a registered office or principal place of business in Philadelphia County. The allegations of this paragraph are conclusions of law to which no further response is required. 23. Denied. It is denied in the instant case, venue is proper in Cumberland County only, because the cause of action occurred in Delaware County and none of the parties are subject to service in Philadelphia County. The allegations of this paragraph are conclusions of law to which no further response is required. 24. Denied. It is denied pursuant to Pa. R.C.P. 1006 (e), this case has been improperly brought in Philadelphia County and should be transferred to the appropriate court in Cumberland County and moved from Philadelphia County. The allegations of this paragraph are conclusions of law to which no further response is required. 25. Admitted. However, the testimony of witnesses is not required inasmuch as Defendant, American Freightways, Inc.'s employee, Defendant, Jamie D. Fisher pleaded guilty to a violation of the Vehicle Code (75 Pa. C.S.A., §3324) for which he was cited at the time of the accident with Plaintiff, which plea constitutes negligence per se, thus dispensing with the need for the testimony of witnesses to establish the liability of both Defendants. See Plaintiff's Exhibit "A" attached hereto. 26. Denied. It is denied the interests of justice and judicial economy will be served by transferring this matter to Cumberland County. WHEREFORE, Plaintiff, Magrielle H. Eisen respectfully requests that this Honorable Court deny Defendant, American Freightways, Inc.'s Preliminary Objections, its Motion to Transfer Venue to Cumberland County and its request for costs, fees of transfer and removal of records to be paid by Plaintiff. Respectfully submitted, Ellis Eisen, Esquire Attorney for Plaintiff, Magrielle H. Eisen Dated: April 26, 2002 -5- Exhibit "A" 8OROUGH OF CARLISLE NORTH MIDDLEToN TOWNSHIP · COUN~ 01, cIrMBERLAND PAULA p. CORREAL DISTRICT JUSTICE Ma~l~t~ria[ District 09-2.01 I Courthouse $qunre East Wml. Annex Cn~Nsl~, pA. 1701~ OFFICE: TEL, (717) 2~(~$~ FAX !717) 240-7821 FAX TO: sPEc PAGES (INCLUDING COVER SHEET) ~ IF THERE ARE .4aNy PROBLEMS WITH THIS TRANSM_ISSION, PLEASE CALL (717) 240-6564,, Exhibit "A" ELLIS EISEN, ESQUIRE Identification No. 26083 2005 Market Street 24th Floor Philadelphia, Pennsylvania 19103 (215) 665-3505 Attorney for Plaintiff, Magrielle H. Eisen MAGRIELLE H. EISEN, a minor by Ellis Eisen, her Guardian, Plaintiff VS. AMERICAN FREIGHTWAYS, 1NC. and SAMIE D. FISHER~ Defendants. PHILADELPHIA MUNICIPAL COURT NO.: SC-01-10-15-1667 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S ANSWER TO BOTH PRELIMINARY OBJECTIONS AND MOTION TO TRANSFER VENUE TO CUMBERLAND COUNTY Plaintiff, Magrielle H. Eisen, by and through her attomey, Ellis Eisen, hereby submits the following Memorandum of Law in Support of her Answer to the foregoing. I. STATEMENT OF THE CASE By virtue of the averments made in Paragraphs 6 and 19 of its Preliminary Objections and its failure to deny regularly conducting business in Philadelphia, Defendant, American Freightways, Inc. essentially concedes that as a corporation, venue is properly laid against it in this Honorable Court. The first sentence of Plaintiff's Statement of Claim alleges that "Defendant - corporation which regularly conducts -6- business in Philadelphia owned a tractor trailer and entrusted it to Defendant - employee." No objection to the accuracy of this statement was made by Defendant, American Freightways, Inc. in its Petition to Open Default Judgment which Judge Silberstein denied, the appeal of that denial which Judge Carrafiello vacated or the Preliminary Objections before this Honorable Court. Pa. R.C.P. 1006 and 2179 make clear venue is proper where a corporation regularly conducts business. Separately, a serious question exists whether Defendant, American Freightways, Inc. has waived its right to raise the issue of venue by Preliminary Objection. It possessed ample opportunity to lodge its objections at the time of each of the foregoing filings. Even if this Honorable Court were inclined to favor the objections, by waiting until now to raise them, Defendant would have wasted the time and effort expended by the courts which considered the foregoing filings, contrary to its expressed concerns for the interests of justice and judicial economy. Finally, Defendant, American Freightways, Inc. ignores the fact that a judgment by default is of record against it and that the procedural posture of the case on remand following Judge Carrafiello's vacating Judge Silberstein's denial of its Petition to Open Judgment, requires this Honorable Court to consider whether Judge Silberstein committed an error of law or abuse of discretion by such denial. II. ARGUMENT Pursuant to Pa. R.C.P. 1006 and 2179, venue is properly laid against a -7- corporation in a county in which it regularly conducts business, and an action against two or more defendants may be brought against them all in any county in which venue is properly laid against any one of them. Defendant, American Freightways, Inc. asks this Honorable Court to conclude that venue is improper in Philadelphia County, notwithstanding the clarity of these roles. In apparent recognition of the weakness of its position, it also appears to make an argument for forum non conveniens pursuant to Pa. R.C.P. 1006 (d) (1). That provision permits a court in which proper venue is laid to transfer the case for the convenience of parties and witnesses if very narrow circumstances do exist. Commentary and case law require great deference be given to a plaintiff's choice of forum unless the defendant meets its burden of demonstrating with detailed information appearing on the record that such choice is oppressive or vexatious to the defendant or was chosen to harass the defendant. 2 Goodrich-Amram 2d § 1006 (d): 1.1, Cheeseman v. Lethal Exterminator, Inc., 549 Pa. 200, 701 A.2d 156 (1997). In fact, in this matter, no purpose would be served by transferring venue to Cumberland County. Counsel are local to the Philadelphia area and the testimony of the parties and witnesses are not necessary to concluding the proceedings. The only issue which would have required such testimony was Defendant, Jamie D. Fisher's liability and that of his employer, Defendant, American Freightways, Inc. That was resolved when Mr. Fisher entered a guilty plea to the traffic citation he was issued at the time of -8- the accident for entering a roadway without yielding the right-of-way to Plaintiff's vehicle. 75 Pa. C.S.A. §3324. It has long been the law in Pennsylvania that a violation of such a statute is negligence per se. Jinks v. Currie, 188 A. 356 (1936). Consequently, neither the testimony of Mr. Fisher nor anyone else is necessary to establish liability. Moreover, medical records and other documents submitted to counsel confirm the damage suffered by Plaintiff. III. CONCLUSION Pursuant to Pa. R.C.P. 1006 and 2179, venue is proper in Philadelphia County and the case should not be transferred to Cumberland County on the basis of forum non conveniens. WHEREFORE, Plaintiff, Magrielle H. Eisen, respectfully requests that this Honorable Court deny both the Preliminary Objections and the Motion to Transfer Venue to Cumberland County, Respectfully submitted, Ellis Eisen, Esquire -9- VERIFICATION Ellis Eisen, Esquire, hereby states he is authorized to make this Verification; that he has read the foregoing Answer to Preliminary Objections and knows the contents thereof; that the facts therein contained which are within his knowledge are true and correct; as to the other facts contained therein, he is informed, believes and therefore avers them to be tree. This Verification is taken pursuant to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. The undersigned understands that any false statement made herein is punishable by law. Ellis Eisen, Esquire Dated: April 26, 2002 -10- CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the foregoing Plaintiff, Magrielle H. Eisen's Answer to Preliminary Objections was served upon the below listed counsel this 26thdayofApril, 2aa9 ~...m_..~,~.~,~.;~ D~.~,.~. ..~ .-.~.-, .-J ............... ~r .... ~. ,,~lomu. James A. Wescoe, Esquire, Rawle & Henderson, LLP, The Widener Building, One South Penn Square, Philadelphia, Pennsylvania 19107. Ellis Eisen, Esquire -11~ ~ 15-575-4~09 jwescoe~rawle.com RAWLE N D E RS_ON THE NATION'S OLDEST LAW OFFICES ESTABLISHED 1783 The Widener Building One South Penn Square Plfiladelphia, PA 19107 Telephone: (215} 575-4200 Facsimile: (215) 563-2583 April 17, 2002 VIA HAND-DELIVERY Ms. Patricia McDermott Deputy Court Administrator Philadelphia Municipal Court 34 South 1 lth Street, Room 580 Philadelphia, PA 19107 Venue must 7]~idin~ Judge, Contin~ if not, Give to tic~z~]ott, ~puty Court RE: Magrielle H. Eisen, a minor by Ellis Eisen, her guardian v. American Freightways, Inc. and Jamie D. Fisher Claim No: 01-10-15-16670 Our File No: 438984 Dear Ms. McDermott: We represent defendant American Freightways, Inc. in the captioned matter, which is scheduled for hearing on Friday, May 3, 2002, in Courtroom 4-F, at 9:15 a.m. By copy of this letter, we respectfully request that you forward the enclosed Preliminary Objections and Motion to Transfer Venue to the Judge to whom this case has been assigned. As noted in the enclosed documents, defendant's Motion is based upon the facts that the accident which is the subject of plaintiff's Complaint occurred in Cumberland County, Pennsylvania, and none of the parties reside in, or maintain registered offices in, Philadelphia County. We confirm that the enclosed Motion will be forwarded to the Trial Judge for his or her consideration at the May 3, 2002 hearing. Additionally, we confirm that if the Court grants our Motion, the case will be transferred to the appropriate venue. Finally, we confirm that if the Court denies our Motion, the heating will be scheduled for a later date. 0651225.01 PHILADELPHIA, PA MEDIA, PA PITTSBURGH, PA MARLTON, NJ NEW YORK, NY RAW L,E ~...~ N D E R SQN LLP April 17, 2002 Page 2 Please contact the undersigned if you require additional information. Thank you for your assistance. Enclosures cci Ve~ truly yours, By: J~~. Wescoe Ellis Eisen, Esquire (w/encl.) Mr. Brian Cash (w/encl.) 0651225.01 Profile -~age 1 of 2 Tracking Rate Inquiry AF Tracker Shipping Desk About AF Investor Information AF Profile AF Profile Custom~ AF Artide~ Information Phi!gs~ American Freightways (AF) is a scheduled, for-hire carrier of less- than- truckload shipments of general commodities, presently serving direct all points in 40 contiguous U.S. states. Operations began on October 25, 1982, by opening twenty customer centers in Arkansas; Dallas, Texas; Memphis, Tennessee; and Kansas City, St. Louis and Springfield, Missouri. The people of AF recognize we are not in the transportation business so much as we are in the business of satisfying customers. We satisfy customers by picking up and delivering their freight on time, intact, damage free, safely, and by providing them accurate and timely information. SCAC Code: Parent Company: Stock Symbol: Website Address: Email Address: General Office ARFW FedEx Freight, subsidiary of FedEx Corp. NYSE: FDX www. AF. com afinfo@AF.com Address: Phone: Associates: Revenue Equipment: Customer Centers: Founded in: Labor Status: 2000 Revenue: DOT Safety Rating: Industry Ranking: Service Area: Major Awards: P.O. Box 840 2200 Forward Drive Harrison, AR 72601 (870) 741-9000 (800) 8-SHIP AF FAX (870) 741-3003 17,000 28,400 Pieces 265 1982 Non-Union $1,434,000,000 Satisfactory AF ranked 4th in the U.S. by stand-alone LTL carrier revenue and 3rd by tonnage in 2000. 40 state all-points direct coverage plus Canada, Mexico, Puerto Rico, Alaska, Hawaii, Central & South America and the Caribbean NASSTRAC Multi-Regional LTL Carrier of the Year (6 years) http://www.american freightways.com/AFPro file.asp 12/06/2001 Profile '~ . ~Page 2 of 2 Quest for Quality Multi-Regional LTL Carrier of the Year (15 consecutive years) Forbes Magazine "Platinum 400" Best Big Companies in America Fortune Hagazine "Host Admired Companies" in U.S. Wal-Mart Carrier of the Year 200~ Careers Contact U~ Sit~eF4aD ~earch ~ American Freightways 800-874-4723/870-741-9000 Copyright © 200:L American Freightways, Inc, http://www.americanfreightways.com/AFProfile.asp 12/06/2001 ~011015 166~ ~:~, FIRST JUDICIAL DI~TRIC~ DF PENN-~YLVANIA ~erican F~eightways, Inc. and -ac~ or of~ a~omcy to ~ ~c~on. ' ~erican Frei~h2ways, Inc. 2hrou~h i2s.aqen2 or person in charge Is~v~n~ n~-~ p]~ .of hn~in~ss'. Danielle Markwood. . 25 5' ~" 140. W F . Statement of Claim and Claim Fact Sheet with ~c (d~m~}~ ' ..... at hor~ .... placc0fb~s 800 Creek Road, Oth0tB 0~October 22 t at 5:30 P.M. Delanco ,(AN) J~rsey (Addrez~) 2001 '(Data ~.d T~m~) By handing a copy to: .___1.) Dcfendani(s) personally served .-- 2.) Adult family mcmbcr with whom said Defendant(e) reside. P. clation~hip: __ ;.) Adult in cha~c ofDefendanl(s) le$idallce. .... 4.) Adult in charge of Defenianl(s) residence who rafuie~ to siYe .5.) ManagcdClerk of place of lodgi~z in which Dcfe,,a~.~,(s) reside(s), Tide: . x 65 Agent or p~rson in charge of Dcfcndant(s) office et tuual place ofbu.elne~s. Titla: Recep,t,i. onist ,. 3,) Servtce was attcmptcd on thc following d~tes and time~. (Da~e) fftme) Defcndant was not scrvcd becausc: __Mowd Unknovm No A~wct ¥~-cant Fred Dietz Name (prin~ or ;ype) 30lA Summit Driver Br~ Mawr, (610) 527-6099' ~el~ho~Number COMMONWEALTH OF PENNSYLVANIA THE PHILADELPHIA MUNICIPAL COURT · 34 SOuth 11th Street. Philadelphia, PA 19107 Louis J. Presenza, President Judge' Robert S. Blasi, Administrative Judge F~j~T~.'r.~. H. EISEN, a minor by ~.T.IS EISEN, her guardian 323 Parwood Boad Wynnewood, PA 19096 Plaintiff(s) ,1 No. SC- STATEMENT. OF Or'tO 15' CODE 8~0 Creek Road, Delanco, NJ 08075 and JAMTE D. FISHER 208 N. West Street, Carlisle, PA 17013 ~ CONSTABLE SERVICE Defendant(s) SERVICE ADDRESS (INFORMATION) if other than above Plaintiff' s oounsel to arrange servioe E~ MOTOR VEHICLE CASE - Defendant License Information DATE OF ACCIDENT LICENSE PLATE NO 10-03-01 36233HY (TN.) OPERATOR. DATE OF BIRTH DEFENDANT. OPERATOR NO I OWNER - DATE OF BIRTH OWNER. OPERATOR NO 09-04-69 26-044-108 (PA.) I n/a n/a TO THE DEFENDANT: The above named.plaintiff(s) ask judgment in this Court agai,nst you fo! $ '1 t% 0t~0 013 plus court costs upon the following claim: Defendant-oorporatic~ which r~gularly c~nducts bus~D~ss 3_n'~J~[[~.c~¥phia owned a tractor trailer and entrusted it to Defendant-enployee. On 10-03-01, at 12:20 P.M., Plaintiff was prooeeding westward in the middle of the 400 block of High Street when her car was hit en the passenger side by Defendants' vehicle which, situated perpendicular to Plaintiff's car was attempting to ~ull out of a ~arking lot to make a left turn ento High Street. The negligence of Defendants cGnsiste~ of failing to have their vehicle uD~er proper end adequate control and in its proper lane of travel and failing to maintain a p~oper lookout end to make a timely applicatien of brakes. As a resultof the aforesaid acticaas of Defendants, Plaintif sustained injuries includ/ng, but not limite~ to her back, neck, head, face, teeth end clavicle as well as to her nervous syste~, scoa of which may be permanent in nature. As a further result, Plaintiff suffered severe pa/n end mental anguish end a severe loss of earning capacity, which suffering may continue indefinitely, all of which at a ices of at least $10,000.00. [] NOTICE TO DEFEND FILED COUNSEL FOR pLAINTIFFIATTy LD NO., NAME & AODRESS ZIP CODE Ellis Eisen, Esquire, %26083, 2005 Market St, 24th Fl. ,Phila., PA 191( PrincipalAmount $~0,000.00 Interestat .% from ~$ Attorney's Fee: $ Other: $ TOTAL $ 10t000.00 PLUS COURT COSTS PHONE 3 (215) 665-3505 COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss: depose and say ¥i~'~he facts set forth in this complaint are true and correct and acknowledge that I am subject to the enalties of P.S. 4904 relating to Unsworn Signature Plaintiff/Attorney Date SUMMONS to the defendant: You are hereby ordered to appear at a hearing sched- uled as follows: IMPORTANT NOTICE TO THE DEFENDANT You have been sued in court. If you wish to defend against the claims set forth, you must appear at the date, time and place as shown. You are warned that if you fail to appear, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff~ You may lose money or property or other rights important to you, THE MUNICIPAL COURT COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT, WHICH REQUIRES THAT ALL COURT SERVICES AND FACILITIES BE ACCESSIBLE TO PERSONS WITH D[SABILITIES ON AN EQ UAL BASIS TO THOSE WITHOUT DISABILITIES IF YOU HAVE A DISABILITY, AND REQUIRE REASONABLE ACCOMMODATIONS TO FILE A CLAIM, PARTICIPATE IN A MUNICIPAL COURT p ROCEEDING, OR USE ANY SERVICE PROVIDED BY THE COURT. P L EASE CALL 686-79B6. REQUESTS FOR REASONABLE ACCOMMODATIONS MUST BE MADE AT LEAST THREE BUSINESS DAYS SEFORE ANY HEARING, OR WITHIN THREE BUSINESS DAYS AFTER SERVICE (DELIVERY) OE THE NOTICE OF HEARING. WHICHEVER iS LATER 03-7(Rev2100) CITACION - Al Demandado: Pot la presente, usted esta dirijido a presentarse a la siguiente vista en: LOCATION (S/rio) DATE (Fecha) TIME (Hora) Courtroom4- DEC. 7, 2001 1:30 P~' Fourth Floor, 34 South llth S!reet NO'FA IMpoRTANTE PARA EL ACUSADO Usted ha sido demandado en corte Si usted desea defenderse contra las quejas que aparecen en contra suya debe usted apelar el dia, la hora y sitio qua se senalo Usted esta advertido qua si no comparece, el caso puede cotinuar sin su presenc~a y una querella puede sar puesta en contra suya pot la corte sin ninguna notificacion, pot dinero reclamado, 0 pot alguna otra queja requierda per el demandante Usted puede per(tar dinero, propiedad u otros derechos importantes para usted LA CORTE MUNICIPAL CUMPLE CON EL DECRETO DE AMERICANOS INCAPACITADOS (AMERICANS WITH DISABILITIES ACT) ESTE DECRETO REQUIERE QUE TODOS LOS SER- VICIOS Y FACILIDADES DE CORTES LAN ACCESISLE A PERSONAS INCAPACtTADAS, AL iGUAL QUE PERSONAS NO INCAPACITADAS SE USTED ESTE INCAPACITADO Y NECESITA ACOMODACIONES RAZONABLES, PARA PO[DER RADICAR UNA DEMANDA, PARTICIPAR EN ALGUN PROCEDIMIENTO 0 UTILIZAR SERVICIOS EN LA CORTE MUNICIPAL POR FAVOR LLAME AL TELEFONO 686-7986 PARA SOLICITAR ACOMOOAClO NES RAZONABLES OEBE LLAMAR POR LO MENOS TR ES DIAS DE TRABAJO ANTES DE SU AUDIENCIA O DENTRO DE TRES DIAS DESPUES DE RECIBIR SU CITA, SEGUN LO QUE OCURRA PRIMERO ,~~ The Philadelphia Municipal Court Claim No. Affidavit of Non-Military Service State of Pennsylvania : : County of Philadelphia: SS. , being duly sworn according to law, deposes and says that he/she (is) (represents) the Plaintiff(s) in the above entitled case; that he/she is authorized to make this affidavit on behalf of the Plaintiff(s); and that the above-named Defendant(s) is (are) __ years of age; the address of Defendant(s) is ; Occupation of Defendant(s) is .; and Defendant is not in the Military Service of the United States, nor any Siate or Territory thereof or its allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and the amendments thereto. Commonwealth of Pennsylvania County of Philadelphia SS depose and say that the facts set forth in this complaint are true and correct and acknowledge that I am subject to the penalties of 18 P.S. 4904 relating to Unsworn Falsification to Authorities. '~ Signature - Plaintiff~Attorney 03-7(Rsv, 2/00) ~ I hereby acknowledge receipt of the follow~ ing affidavit forms which I understand must · be properly completed, notarized and pre- sented t'o the Court at the hearing: Medical Affidavit Repair Affidavit Bookkeeper Affidavit ; Sig~na'ture ' ' ~ COMMONWEALTH OF PENNSYLVANIA THE PHILADELPHIA MUNIClP.~L COURT 34 SOuth 11th Street · Philadelphia, PA 19107 ~ No. SC- Louis J. Presenza, President Judge ' WpeDSV ^... V~ COURTCOS?S Robert S. Blasi,/JdministratiVeplaintiff(s)JUdge JUDGE 060 DSO I~ 1. CASE CONTINUED TO RQOM 2. CASE CONTINUED TO E]OIDNOTAPpEAE [~APPEAREO ~DIDNOT~P~ T~I~ ~IS~OSITIOU PLAINTIFF ~ppeared [] Did Not Appear 3. CASE CONTINUED TO DATE ROOM ~1o Service - Dismissed WITHOUT Prejudice ~ Judgment by A~se~'~ ~ 081 ~ Judgment for Defendant by Default 082 ~ Withdrawn from Court List without Pre, dice (will be relisted upon receipt of letter from either pa~y) transfer to County. JUDGE ATTy. NO o5s [] DATE 062 AMOUNT interest fron i', Judgment for Plaintiff plus interest from plus Time of judgment P.M. JUDGE DEFE{~/~NT ATTy. NO [] Appeared J~Did Not Appear ~ ~.jw,~7;~w~t' h Preiudice 08y[~Ca/s~e~Sede~t I~e~,/Discontinued, and Ended 085 [] Case transferred to COURTNO Common Pleas Court 091 [] Case to be cc ' 'h 070'7'7'7'7'7'7'7'7~ Judgment for efendant 071 [] Judgment for Defendant as Plaintiff in Counterclaim ] Judgment for Plaintiff as a Defendant on Counterclaim AMOUNT The Municipal Court eompties with the Amefl~ns with Di~bi]lfles Act, whirl1 requiru ~ ali c~urt s~vlees and raetllties be a~:essible to p~som with dbabilitl~ General Affidavit for Municipal Court Rule #10 ~, , depose and say that the facts set forth in this affidavit are true and correct and acknowledge that I am subject to the penalties of 18 P.S. 4904 relating to Unsworn Falsification to Authorities. Signature [] I affirm that the name of the Defendant one known. I have made a reasonable investigation and this is the only known name. is the only [] There is no valid street address for this Philadelphia Defendant. The post office box is the only known address. ~ invoice or statement of account is not available for the reason that ~ [] The contract or writing upon which this claim is based is not available because and a statement of the pertinent portions or substance of the writing is attached. [] This claim involved repairs and I do not have an estimate to repair or a repair bill and I have stated the reasons for this in the complaint. [] A copy of the lease is not available for the reason that [] A copy of the notice to quit is not available for the reason that. The particulars of the notice are as follows: Date the notice was sent to Tenant Date Tenant was given to move by was How was the notice served on the Tenant. Reason given to the Tenant in the notice (what was the breach of the lease, etc.) The Municipal Court complies with the Americans With DL~ablllSes Act, which requires ~at ~1 court sewlc~ a~ f~lll~es be accesMbie to persons wt~ ~s~ill~ ~ ~ ~ua ~is ~ ~ose wl~out dls~ill~es. If you have s asablll~, ~d r~uire reasonable anc~mo~ons ~ flie · elMm, ~olpate In a Munlclp~ ~ pr~lng, or u~ ~y ~wl=e provl~ by ~ ~urk piece o~16~- 79~. R~ ~r re~on~ie ~omm~o~ ~st ~ ~M at ie~t ~r~ b~iness Mys ~f~e ~ hwl~, or ~ln ~r~ b~a ~a ~ 8e~e (~) of ~e no,ce of h~ing, ~lohev~ Is I~. ~-~ (Rev. 7~) ~~II~M E D I C A I.. CENTER. 246 Parker Street · P.O. Box 4100 * Carlisle, PA 17013 FAX COVER PAGE To: From: Ellis Eisen Jim Tracey Fax-- 717-245-5058 Telephone - 71%245-5206 Fax #: 215-665-1565 Date: 10=10-2001 Number of pages including cover page: Visit us on the web at www. CarlisleRMC.com Important Notice! The information contained ht thi~ Ihcsimtie nessagc may be confidential, proprietary md/or regally privileged information intended only for the use of thc individual or entity named above. If thc reader of thls message is not thc intended recipient, you are hereby notified that any copying, dissemination or distribution of confidential, proprietary or privileged information is strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone. Thank you Oc.t- lO~-O1 01.: 41P, P..02 / ADMISSION RECORD 9208~,?~7: :i ::! :::' 0000836087 ::F 13:0310000 E1 B 17 08/04/1984 ~ >, 194-64-2927 STUDENT ~ .: (717)258-1118 T S ss .uM.m MASLAND ASSOCIATES kESPON~i"L]l~ P~Y & ADDR~$ ~ ESPON $1BL~ PA"T ¥ E~SPLOY E" GuDAMICO, LISA A : 1001 SDIANNON LN 297-68-1692 220 WIT,SON SUITE 109 (717)249-192~- CART.IST,E PA 17013 R~L ATi~NEHIP TO PATIENT '~ ~CARLISLE PA 17013 US (?17) 258-1118 OTEER EMERGENCY CONTACT NAME EI%~EROENCY CONTACT PHONE EN~ERGENCY CONTACT RELATIONSHIP TO PATIENT EISEN, AMY W (610)642-5778 MOTHER AUTO ACCIDENT [~* B~I SRT INDEPENDENCE BLUE CROSS PO BOX 13038 i:1~i~ PHILAD~.LPHIA PA 19101 ( 800 ) 443 - 1776 AUTHO.IZATiON :~U~N · :POUC~:~a~;: ::: :~.. : ~ . : : : I ROSARIO, ELISEO MVA- -MINOR INJURY AUTO 10/03/2001 COMPLICATIONS COMORBIDITYIIE$) P~INCIPAL PROCEOURE Oc~-lO~O1 Ol,:41P, O~DER 'PROCED~IR£ FORM ORTHOPEDIC EMERGENCIES Oa~e In: 1013101 1:'.03 Carlisle Reg[onml Medical Center Nama:EISEN, MAGRIELLE H Pt~: g208377 Age: 17YR$ DOB:08/04/1984 Sex: F MR#: 0000836087 EDP:FEHRENBACH, DONNA M. PCP:ROSARI0, ELISEO BMP CMP Sad rate RA factor Uric acl~i ETOH . (cross) # ABG - Eval & Tx ~ KVO Devloe r'llV [] Cardiac Monitor [] Splint Applicatlo~ I'1 (Local), (Regienal) Anes~esla I-1 NIBP Monitor i'~ Ace Bandage Application [] Conscious Seda6c~ [] Pulse Oxlmetry [] Sling Application I-I Laceration Rel~air [] (Cold), (Heat) Application [] C-Spine Immobilization [] Casl~opllcation [] Wound iffigstJon r-I Foreign Body Removal [] Fracture Care (open), (dosed) [] Dressings Inl§als/Signature: Initials/Signature: InltialslSignature: Initials/Signature: Physician's Signature: Oct-lO-01 01¢42P, carlisl Regional Medical Center Date in: 1013/01 Pres Tm: 13:03 R .04 MVC / blULT[-~ / ASSAULT- 1 of 2 Pro-MED N vigatorTM 'rIMINg. ~ PTA i 2 3 4 5 6 7 8 8-12 12-18 hr~.a~;_' ~ONOF~Y: ~ne O~d O~ DM~ ON~ O~t OB~ U~o~ ~ .... I ~ Ogh~,,l~ DHOWs O~b~ O~m OWrist O~nd O~p O~ O~ O~r~ O~e u~t ~: ~M~ OM~e~ O~ 1 2 3 4 5 6 7 8 9 10 ~to~A,~e S~e / ONo ~to~ / · ~~To~ ~ne ~obi~don~. ~r / 0~ U Sp~nt DIV Olnm~tion VIUnable to obr, a~ additional ~afo,~?~n- from p~.~r ROS _ --~ ~NI ~her S~e~ ~ ~d ~ative (unless ~itten or ~: ~, L)ss ' F~'c~ : ~H ~ON'.~~':.: ~: Toba~ Y ~ WO ~H Y PE ~~QN~ ~ SIGNS:~O.~aormal O~osc,dc ~: ~ ODI O~r ~i~,/~oo~ag ~ ~WAY:f~ ~tM~ E~: ~or~l O~doa'~E~ _ ~ ~ .. -- . / ~; ~o~ , Oct- lO-O1 01~45P. Fa.05 Carlisle. Reg!onal Medical Center ~rvc / ~rOt~.T~dom~ / ~SSAt~T- 2 of 2 Date in: 10/3101 Pres Tm: 13:03 Pro-MED NavigatorTM To Voi~ To ~ 2 ~appmpfia~ 3 Wi~ 4 ~ne 1 Ia~hensib~ so.ds 2 ~no~ fl~on 3 ~ne 1 ~r ~pon~ 2 ~ae 1 ~edic~ ~cision ~ng aDis~ ~th ~1~ a~ ~ ~ ~: DD~ S~ ~ ~o~ho~ ~1 ~ / M~tiple ~b ~ ~e~o~o~ Sp~aic ~i~ ~r ~ation ~ ~n~ioa ~opha~l Rup~ Tn~tic ~nic ~s~i~ ~p~ar ~ ~m~ ~ Splat ~ ~c Sh~ ~ ~~ ~ ~nd~ly Ho~ U~ ~ Below ~ ~S: pH SG ~n ~u ~ ~ Ba~fia ~ ~ ................. U ~D~: U~O~ ........................... D~(+/') ~ ~ ~ OX~A~ON: ~ ~l~oxic X-~Y: ~C ~ O~ O~t O~ O~b ~ o~dea~i~ ~ ~ O~ ............................................... O ~ ~Y: ~O~s: ~No~ ~ ~ / a~ol~ D Bl~T~s~iou ~ VeaousCu~o~ 5pliu~gfi~tion/~ion ~G DVas~Dgps ~UA~ON r~ ~I~ OWor~ ~e ~ T~g~ ~(>~m} PA/ARNO. THEPOSEIDONGROUPTM CONSULTATION DEL _ O ...... Returned @ ; DEL ~ ...... Returned ~ To See @ 0 ED [] Hospital [] Office Re: ................. , Impression(s) ~.~.~ ~~~ ii ........ ---~r --r~i~"os;tl°n oau, OL~r ODOA__ Om~:~,h CONDmONO D/O OImproved ~l~ablc ONo Change I/1 ~ON$: DISCHARGE INSTRUCIIONS: OHeadlaju~ylas~ructioas FOLLOW-UP: ADMIT: OObserva~oo]k~ Unh OFloor 'oTel~ nICU DOR I-IStable DUnstable TRANSFER TO: PHYSICIAN'S SIGNATURE: Itllllll[lli IIIlllllllllilll$ IIllllllll Ill llllh 0c%-10-01 01,:46P, INITIAL'AS.SESS.MENT FORM PR,OR,~: 3 Patient: EISEN, MAGRIELLE H Urgent OOa: 08/04/1984 AGE: EDP: FEHRENBACH, DONNA M. PCP: ROSARIO, ELISEO 17YRS · . P.06 Carlisle Region.al Medical Center DATE: 10/03/2001 Presentation'rime: 13:03 Triage Time: 13:13 Arrival Mode: BLS Height: Weight: 112.0 lbs. 50.9 kgs. LMP: LastTetanus: Acc By: Pt~: 9208377 Sex: F MR#: 0000836087 Wod<e?s Comp: Ertl. Referred: Chief Complaint: Brief Assessment: NIGHT SWEATS NO WEIGHT LOSS NO ANOREXIA NO MVA-MINOR INJURY MVA-DAMAGE ON PASSANGER SIDE BY TRACTOR TRAILER. SUPERFICIAL LACERATIONS FROM GLASS, NO COMPLAINTS VOICED HEMOPTYSIS NO ~. _ ~ ~ FEVER NO RESTRAINED YES DRIVER YES AIRBAG DEPLOYED NO Vital Sicms T: 97.2 T P: 62 Regular R: 16 Unlabored ap: 102/060 42: % RA Pain Intensity Scate: 0 / 10 Pain Location: Denies Pain Sudden Pre-Haspltel Treatment: Pedial~c Aasasment: Past Medical History: Allergies: G&D App. forage - NO, Immunization UTD - NO, Height f. In., Head Circ. - Grade -, with NONE AMOXlClLLIN, PCN Medicines: NONE Numa Signature: Addliional Notes: HJM Oct- ~0~01 01~. 46P' P.07 EMERGEN~Y~EPARTMENT Carlisle Regional Medical Center MUSCULO~KELETALNURSII~iGASSESSMENT Name: EISEN, MAGRIELLE H P~. 9205377 Age: 17YRS DOB:0~0411984 ~x: F MR~,0000836087 10/3/01 : / ~ 2 ~' EDP:FEHRENBACH, DONNA M PCP: ROSARIO, EUSEO Location: ' Quality: oSharp oDull oCramping nBurnlng oAchlng Severity scale: Onset: Provocation: oOther: Aggravating factors: Radiating: QNo BYes (N~ec~fy) [3Constant nlntermittent Relieving fac{om: Carogiver: ~($slf []Family member DSigniticard otiler oGroup home Religious i~mf-,=-~.~: DNo []Yes Employment: []Full time 13Part time [] Unemployed Cultural preference: [3No nYes Activity level: ~[~mbulafas independently [] Requires assistance e Non-ambulatory Highest grade completed: nparfo~msADL'sindeponde~.nReduiresassistancewithADL'$ Read: DNo []Yea Write: nNo nyea Environment: DNo step? [] Few steps ~,.Many steps Learning Barriers: nTDD phone rUntmpreter nNo Yes Nutritional status: ~al O Cacbellc [] Obese mOther: What was felt or heard upon injury: i. Pre-hospital treslment: n Full spinal imm(Yoilization [] C-Collar [] Splint t;.ope, Fx. PiN ~ lllI~e: NONE [] Previous Sx Inve~ing rnuscutu~kalatel system sad date: []Diabel oArthritis []Osfaopore$1s I~Namophilia~Csnce~: ~Anti__.'~_'.-_~-I,ml mediclna: 13ASA 13Coumedin[]Otber: RUE[]0 ~1 ~32 []3 n4 ~25 Location: (see graph.) Size: LUEO0 Q1 []2 n3 n4 05 Bleeding: []Absent []Present ascent []Moderate []Heavy §Pulsating RLEn0 []1 []2 []3 D4 []ti Immunization: LLE []0 []1 02 []3 [34 DS Scars'. Edema: Extremity A~Iment .u,,.,s.s esONo COp. $*nsetio.'. es%,o LU~ ..~ses: ~es ~,o Cap. Re~.: a~/2 s. ~> 2 s. .o,o.:_~Y~ m.o se..,on..Byes _a~o T,mp.n~)m~i RLE Pulses(~OYes ~No Cap. Ref,: /l~'<2s. r'"l>2s. Motion:l::l/Yes °No Sensetion:/[~l'Yea .~'No Temp. r-I/W r""l~ Color LLE pulese,"~Yl~ I'lNonap. Re[: ~,.r-i<2s. [::]>2s, Moflon:E]~Y. es °No SenssSon[..r-I___Yes(C]No Temp.[~'¥'2~C Color ~" Neumlogl~l Cardlovear, ular RiI~; ;i~-~ I 1:~ert ~_. oUncoogeraUve Skin:,~_arm [~ oMolst oDiaphoretio Nn~ay'..,~i~ear oO~er: · ~tentedX~:2 r-iCombative Colo~l~nk [3Pale D~han [3Flushed Effort: ,,..El~red oMildlyoSeverely l:;.CI3operative DAgltofad oCyanotic [3Jaundlcad ORstracliO% oStridor E]Naeal Flaring Lung: ,.,.l:~(~,~Wheezing nCrack, lea C] Aw'~,e but confused 0 Restrained Vital Signs: 13:13 T: 97.2 P: 62 Regular R: 16 BP: 1021060 Nurse Signature.':~-~j'~,/~.~/~.J,~/.Jr~'~,~. Oc,t- 10~01 01,: 48P' P.08 EMERGENCY DEPARTMENT ONGOING NURSING ASSESSMENT Carlisle Region,al Metrical Center Name: EISEN, MAGRIELLE H Pt~: 9208377 Aoe: 17YRS [308:08/04/1984 Sex: F MR#:0000836087 Date:10/3/01 EDP:FEHRENBACH, DONNA M. PCP:ROSARIO, ELISEO Nm/ay Clearance, Ineffective Communtcetlo~ Impaired Infection, Potential Self Care Deficit --Anxiety '~Coplng, Ineffeu"tive ---injury, Potential '~'Skin Integrity Impairment --Breathing Patterns, Ineffective '"'Fluid Volume, Alteration In ~Knowfedge Deficit ~"~'hought Process, Impaired ~Cardlac Output, Decreased '-'Gas Exchange, Impaired -~Mobility Impaired .~Thought Processes, Alferalion in Comfort, AJterattoo in .__Hyparthermis (Fever) ~Nofl-Compllance .~TIssue Perfualon, Alteration in ~Other .__Other [] BLEEDING CONTROl. I n DECREASE I PREVENT SWELLING [] STABILIZE PATIENT IN DISTRESS [] PAIN CONTROLI [] MAINTAIN STABLE HOMEOSTASIS [] meet ENVIRONMENTAL NEEDS [] ALLEVIATE N/V ! D MAINTAIN SKIN / TISSUE INTEGR[1W [] meet PSYCHOSOClAL NEEDS [] FEVER CONTEOL ~ [] PREVENT FURTHER INJURY [] meal SELF C~RE ABILITY NEEDS [] DECREASE ANXIETY ' [] MAINTAIN / IMPROVE CIRCULATION [] meet EDUCATIONAL NEEDS I~1 SAFETY IN THE ED ' I [] INFECTIO~I CONTROl. [] Olher I~tt: N = docum~nt~lion in nur~s notes, other 'codes' per Hospital Poll~y. D/C to the care of: ~.LCL~.' ~,...~_~__~ .~;a'Amb [] W/C [] Stret [] Carried BTreated & Released BAdmit - R~om #:__to Dr, [] Trans. to [] Left without treatment I~ Left AMA Report called at .__and given to D/CCoedi§on: r~lmproved BStebte []Sedous BExplred Pain: SevedtyScale; mlmproved mUnchanged mw<:a'sa D/CVitalsi T. ,i P R ~P ~ Oct-lOgO1 OI,:4gP* CeHlale HoSpital - Emergency Department 246 P-_d? St. .Cmdbl~., PA 17013 - (717) 248-SE00 DISPOBITION SUMMARY Patient: MAGRIELLE EISEN SS #: CURRENT Address: Ci~J: Current Ph: _ Zip: Arriv~/3~01 1:130m ~,\i a Fehrenbach~ D.O. RealI~NNP: ...... Dx ~: Co~!L~n (Un-~--n~C-~f~:l Site) ~ lCD-9 ~1:~4.9 Dx ~:~A ~ ~: ~819.9 Foll~-up: R~ARIO. ELISEO 8~ BELVEDERE STREET Disch: 10/3/01 1:440m PUD: PMD Ph: #1 Dx Engl: CONTI)S.ESW #2 Dx Engl: ~ MAGRI;_LL;; EISEN t0/3/91 1:13em · . P .09 083S087 Age/DOB: Medical Record: 0836087 Dispo$ilion: #1 Dx Span: CONTUS.SSW ~Y2 Dx Span: MOTORVA. SSW F/U MD Ph: 7172431943 FlU D/T: A~ NEEDED Other Instr: ICE TO SORE AREAS: ADVIL OR TYLENOl, FOR COMFORT MY SIGNATURE BELOW INDICATES: · I have received and understood the oral instructions regarding my current medical problem. · I will arrange/llow-up cam as instructed above. > i ac~nowle~. ~n instructions e~s ou~n~d ~n this~ and any ~:~evio_.~.j~ag .e(s). I ~ and review thesel~ns~-~o~s./ //~-~ "'~l~atient ~ Le{la, Oua iar~3~ignature '~taff (Wit-ness) Sig natu Oct-lOgO1 Ol~50P' ' . I~.10 CONDITIONS OF TREATMENT AND ADMISSION PATIENT'S NAME EISEN, MAGRIELLE H ATTENDING PHYSICIAN FEHRENBACH, DONNA M. ACCOUNT NO. 9208377 DATE & TIME OF ADMISSION 10/03/2001 13:03 CONSENT TO HO~PITAL CARE AND TREATMENT I AM PRESENTING MYSELF FOR EMERGENCY SERVICES OR ADMISSION TO THE HOSPITAL AND I VOLUNTARILY CONSENT TO THE RENDERING OF SUCH CARE, INCLUDING DIAGNOSTIC TESTS AND MEDICAL TREATMENT, BY AUTHORIZED AGENTS ANO EMPLOYEES OF THE HOSPITAL, AND BY ITS MEDICAL STAFF, OR THEIR UESiGNEES, AS MAY tN THEIR PROFESSIONAL JUDGEMENT BE DEEMED NECESSARY OR BENEFICIAL TO MY WELL BEING. I ACKNOWLEDGE AND UNDERSTAND THAT MANY OF THE I~YSICIANS ON THE STAFF OF THIS HOSI~TAL, INCLUDING THE ATTENDING PHYSICIAN(S) NAMED ABOVE, AND RADIOLOGISTS, ANESTHESIOLOGISTS, PAl%IOLOGISTS AND EMERGENCY PHYSICIANS, ARE NOT EMPLOYEES OR AGENTS OF THE HOSI~TAL, BUT RATHER ARE INDEPENDENT CONTRACTORS WHO HAVE BEEN GRANTED THE PRIVILEGE OF USING THE HOSPITAL FACILITIES FOR THE CARE AND TREATMENT OF THEIR PATIENTS. I AGREE TO ACCEPT THEIR CARE EVEN THOUGH THEY ARE NOT EMPtOYED BY THE HOSINTAL. I UNDERSTAND THAT THE EXAMINATION AND TREATMENT THAT I RECEIVE ON AN EMERGENCY ~ASIS IS NOT INTENDED AS A SUBSTITUTION OR REI~,ACEMENT FOR COMPLETE MEDICAL CARE. CON~ENT TO RELEASE tNFORMATION I HEREBY AUTHORIZE THE HOSPITAL TO DISCLOSE TO INSURANCE COMPANIES, INCLUDING WORKERS COMPENSATION CARRIERS, OR OTHER PARTIES THAT MAY BE LIABLE FOR ALL OR PART OF THE HOSPITAL CHARGES, ALL OR PART OF MY HOSPITAL RECORDS AS MAY SE NECESSARY {INCLUDING ANY TREATMENT FOR ALCOHOL OR DRUG ABUSE OR DEPENDENCE), TO DETERMINE BENEFITS ENTITLEMENT AND PROCESS PAYMENT CLAIMS FOR HEALTH CARE SERVICES PROVIDED. MEDICARE CERTIRCATION RELEASE I CERTIFY THAT THE INFORMATION GIVEN BY ME IN APPLYING FOR PAYMENT UNDER THE TITLE XVlII AND TITLE XlX OF THE SOCIAL SECURITY ACT IS CORRECT. I AUTHORIZE ANY HOLDER OF MEOICAL OR OTHER INFORMATION ABOUT ME TO RELEASE TO THE SOCIAL SECURITY ADMINISTRATION OR iTS INTERMEDIARIES OR CARRIERS ANY INFORMATION NEEDED FOR THIS OR A RELATED MEDICARE CLAIM, I REQUEST THAT PAYMENT OF AUTHORIZED BENEFITS BE MADE ON MY BEHALF TO THE HOSPITAL OR TO THE PHYSICIAN WHO ACCEPTS ASSIGNMENT. PERSONAL EFFECTS AND VALUABLES I UNDERSTAND THAT THE HOSPITAL SHALL NOT BE LIABLE FOR THE LOSS OR DAMAGE OF ANY PERSONAL EFFECTS OR VALUABLES {MONEY, JEWELRY, GLASSES. DENTURES. DOCUMENTS, CLOTHING, ETC.) UNLESS SUCH ITEMS ARE DEPOSITEO IN THE HOSPITAL SAFE. THE HOSPITAL WILL NOT SE LIABLE IN EXCESS OF $50 FOR THE LOSS OR DAMAGE OF ANY PERSONAL EFFECTS OR VALUABLES DEPOSITED WiTHiN THE HOSPITAL SAFE. ABOUT YOUR BILL I UNOERSTANO THAT I WILL RECEIVE A BILL FROM THE HOSPITAL FOR PROVISION OF THE HOSPITAL SERVICES, INCLUDING STAFF AND EQUIPMENT, AND FOR ANY SUPPLIES OR MEDICINES UTILIZED. I WiLL ALSO RECEIVE A BiLL FROM ANY PHYSICIAN WHO PROVlOES PROFESSIONAL CARE TO ME. FOR EXAMPLE, t MAY RECEIVE A SEPARATE BILL FROM ONE OR MORE OF THE FOLLOWING TYPES OF PI-IYSlCIANS WHO RENDER SERVICES TO ME: MY ATTENDING PHYSICIAN OR PERSONAL PHYSICIAN, EMERGENCY ROOM PHYSICIAN, RADIOLOGIST, ANESTHESIOLOGIST, PATHOLOGIST, OR ANY OTHER SPECIALIST. INSURANCE AUlGNMEN? I HEREBY ASSIGN TO AND AUTHORIZE THE HOSPITAL OR DOCTOR OR ITS DULY AUTHORIZED AGENTS AND/OR ASSIGNS. TO TAKE ALL NECESSARY STEPS, WITHOUT LIMITATIONS, TO ENSURE THAT ANY INSURANCE BENEFITS OTHERWISE PAYABLE TO ME, OR MY ESTATE, ARE PAID DIRECTLY TO THE HOSPITAL, THIS ASSJGNMENT OF iNSURANCE BENEFITS INCLUDES BUT IS NOT LIMITED TO. BILLING INSURANCE, FILING PETITIONS, FILING SUIT, IN MY NAME OR ON BEHALF OF THE HOSPITAL, FILING PROOFS OF CLAIM, FILING PROBATE CLAIMS AND FILING GRIEVANCES AND ALL OTHER SIMILAR PROCEDURES, AS MAY BE AMENDED FROM TIME TO TIME WITH THE APPLICABLE STATE DEPARTMENT OF INSURANCE. I ALSO AGREE TO PROVIDE AND SIGN ANY OTHER DOCUMENTS THAT MAY BE REASONABLY NECESSARY TO ACCOMPLISH ANY OF THE ABOVE PURPOSES, STATEMENT OF EIMANCIAL REBFON$1BLITY I UNDERSTAND THAT I AM FINANCIALLY AND LEGALLY RESPONSIBLE FOR CHARGES NOT COVERED IN FULL BY ANY THIRD PARTY, I FURTHER AGREE THAT SHOULD I NOT PAY THE BALANCE WITHIN THIRTY (30) DAYS AFTER THE DATE OF DISCHARGE, MY ACCOUNT WILL BE CONSIDERED DELINQUENT, AGREE TO PAY COSTS OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS, COLLECTION AGENCY FEES AND COSTS, AND INTEREST WHICH SHALL ACCRUE AT THE MAXIMUM RATE ALLOWED BY LAW. FRAUD ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURANCE COMPANY. OR FILES A STATEMENT OF CLAIM CONTAINING FALSE, INCOMPLETE OR MISLEADING INFORMATION MAY BE SUBJECT TO PROSECUTION UNDER APPLICABLE LAW. ADVANCE DIRECTIVE (FOR ADMlUlON TO HOSPITAL ONLY) IF I AM TO BE ADMITTED TO THE HOSPITAL, I HAVE BEEN GIVEN WRITTEN MATERIALS ABOUT MY RIGHT TO ACCEPT OR REFUSE MEDICAL TREATMENT. HAVE BEEN INFORMED OF MY RIGHTS TO FORMULATE ADVANCE DIRECTIVES, I UNDERSTAND THAT I AM NOT REQUIRED TO HAVE AN ADVANCE DIRECTIVE IN ORDER TO RECEIVE MEDICAL TREATMENT AT THIS HOSPITAL. t UNDERSTAND THAT THE HOSPITAL AND MY CAREGIVERS WiLL FOLLOW THE TERMS OF ANY ADVANCE DIRECTIVE THAT I HAVE EXECUTED TO THE EXTENT PERMITTED BY LAW. {INiTIAl. THE POI.LOWING DII~FION THAT · I HAVE EXECUTED AN ADVANCE DIRECTIVE AND WILL PROVIDE A COPY OF THIS FOR MY MEDICAL RECORD WITHIN A REASONABLE AMOUNT OF TIME, -- INIT. · I HAVE NOT EXECUTED AN ADVANCE DIRECTIVE AND DO NOT WISH TO DO SO. INIT. · I WISH TO COMPLETE AN ADVANCE DIRECTIVE DURING THIS HOSPITALIZATION. iNW~-~FOLLOW'UP~.DONE BY DATE~__._~ ,c,.T,., THAT, .AVE .EAD {OR .AVE BEE. REAO, T.E ABOVE CO.SE.TS AND A AGREE CARLISLE K~±uN~L ~.~u UJ~JN~LE 246 ~PARKE~R EET CARLISLE.. PA ~7013 s ~No TELEPHONE (7~ 2~8-88'55 25-1887146 100301 12 PATIENT NAME PA~ENT ~DRESS 100301 EISEN, MA~RIELAE H 08041984 100301 SHANNON LN 23 MEDIC~ RECORD NO. 0000836087 3 PATIENT CONTROL NO CARLISLE PA 17013 100301 DAMICO, LISA A 1001 SHANNON LN CARLISLE PA 17013 42 R~ CD 43 OESCRI~ON 450 EMERG ROOM 001 TOTAL C~AR~S HCPCS / RATES SERV, DATE 121. 01 46 SERV, UNITS 47 TOTAL CHARGES 48 NON-COVERED CHARGES 99281 4~.00 49.00 50 PAYER 57 58 INSURED'S NAME IPAGE 1 OF 1 51 PROVIDER NO. 60 CERT. - SSN - HIC. - ID NO~ 54 PRIOR PAYMENTS 61 GROUP NAME 56 62 INSURANCE GROUP NO 66 EMPLOYER LOCATION 77 E-CODE PRINCIPALPROCEDURE COOE DATE 84 REMARKS UB-92 HCFA-1450 A8301 (07/98) OCR/ORIGINAL I C ER'~IFY m E CERTIFICATIONS ON ~E REVER~E ~'PF[¥ TO T~IS BILL ANID RR~ M~'DE A P~T "EREOF' OFOR · PHILADELPHIA MUNICIPAL COURT RECEIVED DEC ?- DATA LOUIS J. PRESENZA PRESIDENT dUDGE THE PHILAEELPHIA MUNICIPAL COURT ,CFFICE OF THE COURT ADMINISTRATION 5TH FLOOR ]A S.IIIH STREET PHILADELPHIA PENNA. lg107 12/07/01 PATRICIA EISEN ELLIS i)23 FARWOOD RD WYNNE WCOD PA 19096 PLAINT R. MCDERMOTT DEP. COURT ADMINISTRATOR DATE OF JUDGMENT- 12/07/01 CLAIM NO. SC 1-10-15-16670 FAILED TO APPEAR ON-12/O?/O1 JUDGMENT AMT.- $ 100~3.50 VS. AMERICAN FREIGHTWAYS INC 800 CREEK RD DELANCO NJ 08075 DEFEND NOTICE CF JUDGMENT PURSUANT TO RULE 122, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED AGAINSI YOU, AS DEFENDANT, IN THE ~BOVE MATTER. UPON PAYMENT TO THE PLAINTIFF OF THE ABOVE AMOUNT OR SETTLEMENT OF IHIS JUDGMENT, YOU MUST RECEIVE FRCM THE PLAINTIFF AN ORDER TO SATISFY, SIGNED BY IHE PLAINTIFF. THE ORDER TO SATISFY MUST THEN BE FILED BY YOU WITH THE PROTHONOTARY, 5IH FLOOR 9~ S.11TH STREET, TO BE SATISFIED ON IHE RECORD. THE COST FOR FILING SUCH AN ORDER IS $§.00. PATRICIA R. MCDERMOTT OEP. COURT ADMINISTRATOR FIRST/UDICIAL DISTRICT OF PENNSYLVANIA TH~ PHILADELPHIA lVIUNICIPAL COURT CIVILDIVISION 34 South Eleventh Street, Room $40 Philadelphia, PA 19107 (215) 686-2910/I 1 Fax:(215) 569-9254 E-Mail: pa~icia.mcdermot~courts.phila.gov PATRICIA R. McDERMOTT April 8, 2002 ~co~ A~O~ Ellis Eisen Esq. 2005 Market Street 24th Floor Philadelphia, PA 19103 James A. Wescoe, Esq. 1 South Penn Square Widener Building Philadelphia, PA 19107 RE: MAGRIELLE H. EISEN, A MINOR BY ELLIS EISEN her guardian V AMERICAN FREIGHT WAYS, INC. AND JA311E D. FISHER SC: 01-10-15-1667 NOTE: THIS IS A REVISION OF THE APRIL 4. 2002 LETTER Dear Counselors: This is to advise that on March 19, 2002, an order was signed by the Honorable Matthew D. Carrafiello, of Common Pleas Court, _eranting defendant's appeal, and vacating Municipal Court's order denying defendant's Petition to Open default fudgment. remanding the above entitled case back to Municipal Court for further processing consistent with the order. This matter is now scheduled for a hearing on May 3,2002, in Courtroom 4-F, at 9:15AM, 34 S. llth Street, Philadelphia, PA 19107, at which time all parties must be present. Very truly yours, PATRICIA R. McDERMOJT PMc/ca cc: Magrielle H. Eisen, a minor American Freightways, lnc. Jamie D. Fisher FIRST FUDICIAL DISTRICT OF PENNSYLVANIA THE PHILADELPHIA MUNICIPAL COURT CIVILDIVISION 34 South Eleventh Sl~eet, Room 540 Philadelphia, PA 19107 (215) 686-2910/I 1 Fax: (215) 569-9254 E-Mail: pa~icia.mcdermott~couns.phila.gov April 4, 2002 PATRICIA IL McDERMOTT Ellis Eisen Esq. 2005 Market Street 24th Floor Philadelphia, PA 19103 James A. Wescoe, Esq. 1 South Penn Square Widener Building Philadelphia, PA 19107 MAGRIELLE H. EISEN, A MINOR BY ELLIS EISEN her guardian V A3'IERICAN FREIGHT WAYS, INC. AND JA34IE D. FISHER SC: 01-10-15-1667 Dear Counselors: This is to advise that on March 19, 2002, an order was signed by the Honorable Matthew D. Carrafiello, of Common Pleas Court, vacating the default judgment and remanding the above entitled case back to Municipal Court for further processing consistent with this order. This matter is now scheduled for a hearing on May 3,2002, in Courtroom 4-F, at 9:15AM, 34 S. llth Street, Philadelphia, PA 19107, at which time all parties mast be present. PMc?ca cc: APR 0 4 2002 lB. CAPOBLANCO DATA Magrielle H. Eisen, a minor American Freightways,Inc. Jamie D. Fisher Very truly yours, PATRICIA R. McDERMOTT Deputy Court Administrator The Municipal Court complies with the Americans W~th Disabilities Act, which requires that all court services and facilities be accessible to persons with disabilities on an equal basis to those without disabilities. If you have a disability, and require reasonable accommoda- tions to file a claim, participate in a Municipal Court proceeding, or use any service provided by the Court, please call 686-7986, Reques~ for reasonable accommoC~;ons must be made at least three business days before any hearing, or within three business days after service (delivery) of the notice of hearing, whichever is later. IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT CIVIL TRIAL MAGRIELLE H. EISEN, a minor by Ellis Eisen, her guardian AMERICAN FREIGHTWAYS, INC. and JAMIE D. FISHER NO. 3654 [2002 COUNTY 012081 AND NOW, this I q d~'-~y of O~//~.~ 2002, upon consideration of defendant American Freightways, Inc.'s Appeal of the Municipal Court Order denying defendant's Petition to Strike Default Judgment, Improperly Styled as a Petition to Open Default 1udgmcnt, and plaintiff's response thereto, it is hereby ORDERED and DECREED that said Appeal is GRANTED and that the Order denying defendant's Petition to Strike Default Judgment is VACATED. It is fi~rther ORDERED and DECREED that said motion is remanded to the Municipal Court for fi~rther processing consistent with this Order. RECEtVED gt jtL AD PRESS HARD PLEASE PRINT CAPTION PROTHONoTARy~S OFFICE PHILADELPHIA, PA VS. Term20 No. c-'Co/ (Date Ordered) The Prothonotary will please prepare E~Certified Copy Exemplified Copy Fee $ to be used in .(State or County) FOR MAILING: Print Name Mailing Address City, State & Zip Code Signature: Clerk: 10-264 · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Recelvedby(Please Pdnt Cleady) B. Date of Delivery C. Signature X I~Agent r'lAddmssee D. Isdeliver~addressdlffecentfrorntternl? I-i Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail I~ C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2001 0320 0000 234S 6999 --PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 lllll III IIIll I AFFIDAVIT OF SERVICE BY MAIL ' ' I, (~o'ur Name) receipt requested) letter addressed to (Address you mailed letter lo) ' of the return receipt is attached to this affidavit. , do hereby affirm that I sent a certified mail (return at (Defendant's Name) on (Date you mailed the leffar) and a copy (Your Address) -' .) , do affirm that I sent a certified letter (return receipt requested) (Your Name) V to the defendant and the receipt was returned marked either "UNCLAIM ED" or"REFUSED". I then sent a regular mail letterto -"~'-~.,w~, e_~ [~. {--('~; k~ ~r at the same address where the original certified mail letter (Same name as on th6 return receipt) . was mailed, which is ~_.0~ [-~, 0...~_~-¥ ~'-irr~, ~,._o.M,~le, ~'.,~ Iw 913. ldo affirm that the letter (Same address as/s on original letter) was never returned to me as of this date, , and I did have my tatum address on (Fill in this date at hearing) the regular mail letter. Your Name: ~'4~- ~" e 'm Y°ur Signature..~'~~~'~· Date Signed This is an unswom document subject to the penalties of 18 Purdons Statutes 4904 relating to unswern Falsification to Authorities. NOTE: FILL OUT SECTION 1 OR 2; IN ADDITION, ALWAYS FILL OUT SECTION 3. 30-1060 COMPLAINTS SERVED BY CERTIFIED MAIL A~ 'Certified mail may be used: 1. When the last known address of the defendant is a post office box and there is no known street address. ,You must affirm this to be true (affidavit provided by this office); OR 2. When the defendant is outside the county of Philadelphia; OR 3. When personal service by wdt server was attempted and was not able to be served upon the defendant. B. Procedure to follow when certified mail is allowed: Send a copy of the complaint and all documentation to the defendant via certified mail marked "Return Receipt Requested" and marked "Show to Whom Delivered". This letter must be addressed to the defendant at the same address listed on the complaint. a. The signature on the return receipt, if it is not that of the defendant, shall be presumed to be of an authorized agent, unless evidence is produced to the contrary. 2. If the return receipt is returned by the postal authorities with a notation marked "Refused" or "Unclaimed": Send the complaint and the supporting documentation via regular mail. The letter must be addressed to the defendant's address where the original letter was marked "refused" or"unclaimed". (Service by regular mail · is complete if the mail is not returned to senderwithin fifteen days after mailing, or by the date of trial, whichever is later). It is recommended that the regular mail letter and the certified mail letter be sent on the ~ame date to ,be sure the process is completed in time for the hearing. ~ ~ C. Atthetrial, youmustsubmitanaffidavitstatinghowservicewssmade. Attachtothataffidavityourreturnreceiptfrom the post office. NOTE #1 If you must use regular mail service, then it is recommended that you request a proof of mailing form from the Post Office when you mail the regular mail letter. NOTE ~ If your c~rtified mail letter comes back marked something other than "Refused" or "Unclaimed", then you should contact the Court for your next steps. NOTE #3 Be sure you receive a blank affidavit of service. You must complete this form prior to trial and hand it to the Judge at the hearing. so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits, 1. Article Addressed to: A, Received by (Please Print Clea#y) B. Date of Delivery C. Signature X i~ Agem [] Addressee D. is delivery address different from Item 17 [] Yes If YES, enter delivery address betow: [] No 3. Service ~pe ~ Certified Mall [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D, 4. Restricted Delivery? (Extra Fee) [] Yes 7001 0320 0000 PS Form 381 1, July 1999 2345 6999 Domestic Return Receipt 102595.99-M-1789 10/S0/2001 HOLMES POST OFFICE HOLMES,_Pennsylvanta 190439998 (610)532-1701 01:50:39 PM Product Deacript~on Sales Receipt Sale Untt Ftna] Qty Price Price CARLISLE PA 17013 First-Class Return Receipt Oertif~ad Labs1 Serial #: $0.57 $1,5o $2,10 700103200000234§6999 Issue PVI: $4,17 Total: $4.17 Paid by: Cash Change Dua: $10,17 -$6,oo Bill#: 1000300135778 Clark: 01 -- Thank you for your business -- '~'& 0£:I ~ I00E '£ ~c~DsG uo ~ ~ooa~nOD u~ p~q sq o~ p~Inp~qDs 'L99I ~IOII0 I00[ 9E ~ec~e~oN s6u~s~ I~A~D :u~ L016I ~& '~TqdIep~ITq& ~a~S q~II 'S ~E ~anoD I~dyo~un~ ~qdIeP~I~q~ M¥-I J31' SAHN~O.LL¥ · g'a 'aao.L ~ NIN.I.OnS 'N~H::)noa WAYPOINT BANK, Plaintiff V. VICKII~ L. PATTERSON Defendant IN TI-rE COURT OF COMMON PLEAS OF CUNfBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.02-2524 TO THE PROTHONOTARY: PRAECIPE Please mark this action "discontinued". Date: July 1, 2002 KEEFER WOOD ALLEN & RAFIAL, LLP Eu,ene E. ~ Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff lIAR 2 7' BY: ANTHONY D. DAMIANO, ESQ. ID NO. 49499 226 West Market Street West Chester PA 19382 610-692-6520 Attorney for Plaintiff This is an Arbitration Matter Amy Eisen : VS. ' James Fisher, : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation : Defendants : Magrielle Eisen : VS. James Fisher, : FEDEX Freight, East Inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation : Defendants : Court of Common Pleas Cumberland County, Pennsylvania CIVIL ACTION 2002-5397 Court of Common Pleas Cumberland County, P~nnsylvania CIVIL ACTION 2002-2424 / ORDER AND NOW this ;) £~day of -TYL~ ,2003, upon consideration of the Motion to Consolidate of Amy Eisen and any response thereto, said Motion is GRANTED. The above matters are hereby consolidated for all purposes, including discovery and trial, under the docket Amy Eisen v. FEDEX Freight, et. al. Cumberland County CCP #2002 - 5397. ELLIS EISEN, ESQUIRE ID NO.~ 26083 2005 Market street 24th Floor Philadelphia, PA 19103 ~ Attorney for Plaintiff This is an Arbitration Matter Amy.Eisen James Fisher,. : FEDEX Freighi, East inc., as successor to: American Freightways Corporation, : and/or American Freightways Corporation Court of Common Pleas Cumberland County, Pennsylvania ctvn. 2002 - · Defendants ! '' Magrlelte Eisen ' ~ Court of Common Pleas · . Cumberland County, Pennsylvania · VS. : James Fisher, : FEDEX Freight, .East Inc., as.successor to: American Freightways C°rp°rati°n~ : and/Or American Freightways COrporation Defendants : CML 200~-~4~4 PRAECIPE TO THE PROTHONOTARY: Enter of record my agreement with the filing of the pending Motions to Consolidate in the above matters and that they be c~nsoli~a%ed for all purposes under Amy Eisen V. FEDEX Freight,· et~ al. Cumber~ Coun~P 92002-5.397. March 28, 2003 ~' '"'~~~ ~,~""~"," '' Ellis Eisen, Attorney for Magrielle Eisen ELLIS EISEN/ ES,QUIRE ID nO., 26085 2005 M&=ke~ .Street 24%h Floo= , .¥S, ! ,lame{ Fisher,, FEDI~X Fr'~ight, East Ii{c. as successor to American Fre~h~a~ Cor~ratiun,, , , and/or, American Freightways Corporation , Defendants ,' Ma~rlel~e t YS, ';Iames Fisher, , FEDEX Freight, ]hst'Inc., as American Frelghtwiys Corp6ration; , , ~ ' and{or .American Freightways COrporation Attorn,ey for Plaintiff, Magrielle, ~isen This is ~n Arbitration M~iter Cot[ri of Common Pleas CUmberlincl C, oun~, P. enns),lvanis 2002 - 83~7 .OONSOL.~ATED CAS~ Court of Common Cumberland County, CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Enter of record my agreement with the filing of the ~nx~ing Petition for Appointment of Arbitrators in the above matters consolidated under Amy Eisen v. Ja~es Fisher, et al.., ~land Count9,"-~j2002-5397' ~y 15, 2002 P.T.T.TS EISEN, ESQUIRE, Attorney for Magrielle Eisen BY: k~.T.T~ EISEN, ESQUIRE ID NO. 26083 2005 Market Street 24th Floor Philadelphia, PA 19103 (215) 665-3505 Attorney for Plaintiff, Magrielle Eisen This is an Arbitration Matter Magrielle Eisen VS. CDurt of C~L,~on Pleas Cl~berland Oounty, Pennsylvania Ci=il Action James Fisher, F~DEX Freight, East, Inc, successor to ~merican Freightways Corporation, and/or /k~erican Freightways Corporation 2002 - 2424 PRAECIPE FOR Ot~DER TO To the Prothonotary: Kindly mark the above matter settled, discontinued and ended upon payment of your costs only, the oa~%~nion case, A~Sf Eisen v. American Freightways, ~land County CCP% 2002 - 5397 having previOUSly been the subject of a Praecipe for Order to Settle,~ Discontinue and End. Dated: .spect fully .s~mitted, Ellis Eisen, m,.~(~l~