HomeMy WebLinkAbout94-00734
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7. ^UllrllYl,ltlon oflll'rlor Iniury. If you nnd that Mrs. Bivens hud 0 prior or pre-
exlstlnlllnjury before the IlCcldentof Fcbruary 2S. 1993. then I instruct you thotlt is the low In
Pennsylvlllllo thot If the Defendwlt Stocy Cummins ol!l,!rovoted or mode worse the Mrs. Bivens' pre-
existinlllnjury then the IMimdllllt Stoc)' Cummins has the some dCl,!ree of 1I0billty 08 the infliction
of IlIl orllllnlll Injury.
In other words. the Defendont lukcs the victim In thc condition in which the victim
exists at the time of the infliction of the tortious conduct.
Frclls v. PllV~III. 2112 I'a. Supcr 166,422 A.2d 881 (1982).
Frank v. Volkswollcn, S22 F.2d 321 (3rd ClrcultI97S).
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8. ^lIl1rllvlJtion. If you nod thllt the Delcndont's IlCtlons oggrovoted Mrs.
Plvens' pre-existing injury then the l>elcndont islloble or responsible for pruhllll,!inl! Mrs. Ilivens'
pre-exlstlnl! injury.
Lebesco v. SEPTA, 251 1'0. Super 41 5. 38l) A.2d 848 (1977).
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12. Mrs. Bivens is entitled to be eompensllted f()r the l1Illount of eamlnlls that she
has lost up to the time oftriolllS 0 result of his injuries. Thisl1Illount is the ullli:rence between whot
she probably could have el1llled but for the horllllllld uny less sum which she IIctuolly eorned In IlIIY
employment.
Mrs. Bivens oll\:red expert testimony II-om her vocolionol expert 1~lchord Sieber
rei-ordinl,! Mrs.lllvens' loss ofeorninl,!s up tolhe time uftriol. Thotllmount is $4,229.00
Po. SSJI (Civ) ~6.OlC
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14. Mrs. Bivens Is entitled to be compensated lor IlIIY loss or reduction of future
earnlnll capllClty that she will sutTer os a result of the Injuries sustolned In this llCeldent. In
determinlnll this 11Ill0unt, you must 08certain the dlllercnce between the yearly arnllunts which Mrs.
Divens probably would or could have earned durinl! her lile expeClIlIIcy but lor her injuries, IlIld the
l1Illounts she will probably be Ilble hI eorn durinl,! the period of her lite expeetllllcy. In determinlnN
this amount, you may consider the lype of work that Mrs. Bivens hWl done, the type of work which,
In view of her physicol condition, education, experience ond nile, she would have been doing ond
will be doinll In the future, the extent ond duration of Mrs. Bivens' Injuries together with all other
matters rell8Ol\IIbly relevllllt. The 1lIl10unt of lost earninll copllCity which you determine to hove been
sustained by Mrs. Bivens should be expressed by you In 0 dollor omount.
You may recall thot Mrs. Bivens ollered testimony on this point from Mr. Richard
Sieber. Mr. SIeber WWl quollned OSIlll expert WId you ore free to I,!ive his testimony whatever welllht
you feel is appropriate. Mr. Sieber testil1ed thot the totol omount of lostluture ineome for Mrs.
Bivens is $130,641.
I'a. SSJI (Civ) ~6.0ID
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I S. The I'lolntlff, Yvonne Uivcn8, is entitled to be fairly nnd udequotely
~ompensated tor such physieal pain, mentallllli!uish, dlsCllInlilrt, inconvenience, IlIld distressll8 you
Ilnd she hila endured, frolllthe time of the occident untiltudoy.
1'0. SSJI (Civ) ~6.01E
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16. Yvonne Bivens is entitled to be foir1y compensated for such physical pain,
mental anaullh, discomfort, Inconvenience and distress 08 you believe she will endure In the lUlurc
al a result of her Injuries.
Pa. SSlI (Clv) t6.01F
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18. The I'lolntiff, Yvonnc Bivens, is entitled 10 bc folrly ond udequo\ely
eompensated lor p08t, present, ond IUlure loss of her oblllty to enjoy ony of lhe ple08ures of Hie 11.1
a result of her injuries.
Po. SSJI (Civ) ~6.() 1 F
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 734 CIVIL 1994
YVONNE B. ACKER/
Plaintiff
STACY CUMMINS,
Defendant
JURY TRIAL DEMANDED
DEFENDANT'S TRIAL MEMORANDUM
NOSS QF EARNINGS AND LOSS OF EARNING CAPACITY
At the time of the accident on February 25, 1993, the
Plaintiff was employed by United Telephone company answering
phones, using a computer and monitoring several computer screens.
she worked continuously until March of 1997 when she chose to
take Elarly retirement. Her date of birth is F'ebruax'y 4, 1936.
Her chiropractor, in his report of page 12/ states I
Over the years of discussing Ms. Acker's condition, I
advised her to take an early retirement. The stressors
of her highly responsible job, involving not only her
mind, but moving her low back, head and neck with every
call have taken its toll. She worked in pain every day,
The Plaintiff is claiming loss of earnings from March until
trial, loss of future wages to age 65/ and a loss for the rest of
her life axpectancy due to a lower retirp.ment benefit.
Pennsylvania Standard Jury Instructions on Past Lost
Earnings and Lost Earning Capacity S6.01C (Civ) provides I
The PlaintIff is entitled to be compensated for
the amount of earnings that he (she) has lost up to
the time of the trial as a rpsult of his (her)
injuri.es. This amount is the difference between
what he (she) probably oould h~v. .arned but for the
harm and any less Bum which he :qhe) actually earned
in any employment. (Emphasis added).
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The Plaintiff is entitled to recover loss of wages only for
the time aha was unable to work following the injury. .c.!.Ineo v.
Philadelph.ia Transp. Co., 405 Pa. 532, 539, 176 A.2d 896 (1962),
The evidence will indicate that the Plaintiff was and is able to
work although she has pain.
The Plaintiff's proof is aloo insufficient to support a
claim for loss of future earning capacity or to support the
contention that the Defendant is responsible for her early
retirement. Evidence of a permanent injury does not equate to a
finding that one's earning power is impaired. The Plaintiff's
economic horizon has not been shortened. O'Malle~. Peerless
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PetrQ.. Inc.., 283 Pa. Super. 272, 423 A.2d 1251 (1980). In
Gary v. Mankamver, 485 Pa. 525, 403 A.2d 87 (1979), there was
testimony that the Plaintiff was incapable of performing all of
the functions of her employment as a practical nurse without help
from her co-workers. The court quoted with approval the trial
judge's charge on the issuel
One of the things YO\l m\lst determine before
you ever even think about the testimony of the
actuary is whether or not there has been an
impairment of the earning capacity and the
degree of that impairment, You will consider
carefully the evidence surrounding this issue
and whether or not standing on her own two
feet - so to speak - she is capable and will
be capable in the future of carrying on all of
her duties as a licensed practical nurse. The
que.t10n under the law 1. not whether .he can
hold the job and rece1ve her paycheck w1th the
e1d of other people, but whether or not .he can
hold the job and do the work requ1red ot her a.
a l1cen.ed pract1cal nur.e w1thout the a1d of
.omeone ebe. (E:mphasis in original). 403 A.2d at 90.
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~ccordingly, unless the Plaintiff can present evidence that
she is incapable of performing her job without. the aid of someone
else, she cannot present a claim for loss of earning capacity and
future loss of earnings,
Re~pectfully submitted,
FOWLER, ADDAMS & RUNDLE
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SYI /<;;ff? ---/o,L"
--cw111~a A. ~ ams
supreme Court 1.0. No. 06265
28 South Pitt Street
P.O. Sox 208
Carlisle, p~ 17013
(717) 249-8300
~ttorneys for Defendant
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and the IllIItter is within the scope of the profCIIlon and the prll:llc:o '
of chiropractic.
At 1386 the author writes:
A chiropractor is competent In 0 personollnjury action to expreSS
his opinion ns to the probable effects and durntlon, permanence,
future medical requirements, m' lhe like, In connection with an
injury to or the physicol condition of the il\lured person, If the
proper foundotlon Is laid and the mailer relates 10 the professions
and practice of Chiropractic.
Further, ot pOlle 1386 concerning n chlroprnctor's obiHty to Interpret x-rays, the
author writes:
A chiropractor is compelent In 0 personal Injury nCllon 10 Interpret
an x-roy pho\()llraph relntlng \() Ihe injury 10 or the physical
condition of the injured person, where It Is properly connected and
Identified, the witnesses quolil1ed or fomlliar with the use of x-ray
photollraphs, and Ihe subject malter thereof relates to the profession
or practice of chiropractic,
Finally, at palle 1390. Ihe aUlhor deols with Ihe "probable effects, duration and
medical requlremel\ls:
Under the rule sloted in Secllon I, supra. a chiropractor is
competent in 0 persono1 injury damalle oct Ion 10 Illve his
professiol\lll oplnhll\, where It Is otherwise admissible and a proper
foundation Is lold, as 10 the prohable effects and duration,
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At paMu 626 thu Court wrote: As was stated before, os to the worth 01' the witness
Shea's opinion, we are not concerned, hut os to the cloimant's rillhtto have it Introduced and
tested by the ordlnory methods of testlnM other proposed expert opinion we ore convinced." In
other words, the Micciche Court soid thot on unlicenced chil'llpruclOr wos perlllltted to testify about
the nature of Mr. Micciche' injuries and the causal connection between the accident and those
injuries. Whether or not he wos credible was an issue for the trier of fnct, even thouMh he was
unlicenced and therefore probnh1y practicinM illegally.
Lnter, in Prall v. Stein, the Superior Court reviewed 0 very complicated combined
medical malpractice and trnftlc nccident cose. The citation is 298 Pa. Super 92, 444 A.2d 674
(1982). One of the issues In the lengthy opinion dealt with on oward tor future medical services.
The Court held at page 697 thotthe award for future medicol services was not bnsed on conjecture
because the plolntiff Wns treated by u chiroprnctor before trial ond because the Injuries were
permanent it was reosonoble to blllieve that core will be required In the future. The.fIlW Court
was saying that it was reasonable to assume, based on the chiropractor's testimony, that future
care would be needed because the chiropractor had provided care in the pnst.
In a case which has been cited well over 100 times, the Commonwealth Court has
discussed the role of a chlroproctor In a worker's compensation proceeding. In McKinney
Manufacturinll Corporation v, Worker's Compensation Appeal Boord, 30j A.2d .59, 9 Pa.
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chiropractic treollnent; lhe use of odjullCtlve procedures in trentlnll
mlsollllned or displaced vertebrae or ortlculotlons ond reloted
cOlldltlons of the l1I:rvous systelU, provided thot, ot'ter JOlluory I,
1988, the licensee must be certlt1ed in nccordance with this Act to
use udjunctive procedures; and nutritlol\lll counselinll, provided that
nothlnll herein shnll be construed to required Iicel1llure ns a
chiropractor In order to engalle In nutritlonnl counselinll. The term
shollllot Include the praclice of obstetrics or gynecology, reduction
of fractures or major dislocations, or lhe use of druBs or surgery.
As noted, the detlnltlon of chlroprnctlc in particular detlnes 0 chiropractor as one
with particular expertise in articulotlon. Articulation as used In the dellnition is n structure which
unites two bones, usually allowing some 1U0vement, or a joint, I.c. plncc of junction between two
bones, or between severol bones. with or without movement. ~ Commonweulth Department of
Stille v. Schlltzberll, 371 A.2d ~44, 29 Pa. Commw. 426 (1977).
One of Yvonne Bivens' Injuries is a carpal tunnel Injury which by det1nltlon Is an
Injury to the structure of the carpollunnel. The carpnltunnel is nn artlculntlon of bones In the
hand which forms a tunnel through which the medinn nerve pnsses. Thus, under the definition,
Dr. Hoban Is competent to testify aboutlhls Injury as well as the injuries to Mrs. Bivens' spine.
Further, Dr. Hobon is competent 10 lestlfy as to those reports which he received from other
doctors, Including In this calc 0 neurologist, regarding Mrs. Bivens' carpal tunnel Injury.
Authority for that Is found In nUlllerous cases, Includlllg Jumper v. Jumper, 240 Pa. Super. 99,
362 A.2d 411 (1976).
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responsible for Yvonne's eorly retirement. These Inlier orllulllents mode by the Defendont nre not
leila1arauments in the sense Ihatthe Detendalll can nsk this court to preclude Yvonne's evidence
on these issues. The orgument roised by the Defendant is a proper arllument to be made to the
jury. Certainly, It is 0 question of fact os to whether the jury occepts Yvonne's position that she
retired early because of her injuries, however it is not a question of law upon which this Court
should preclude evidence, which seellls to be what the Defendont is asklna.
By way of factual support, Yvonne's proof will be in severol forms. Her treating
chlroproctor, Dr. Ronald Hoban, will testify at trial. Dr, Hobnn hns provided an expert report
in which he lIives his opinion within 0 rensonable degree of medical certainty that Yvonne's
injuries were caused by the crnsh of February I S I 1993, that those injuries are consistent with the
mechanism of the crosh, that the Injuries anntomicnlly cnUse pain, that Yvonne's expressions of
pain are consistent with her anatomical Injuries, that those injuries restrict her obility to work and
that worklna itself ollgravates the injuries and cnUses more poin.
Dr. Hoban will further lestlfy thnt he advised Yvonne to retire early so that the
injuries would not continue to be ollllravoted. Finally, Dr. Hoban will testify that within a
reasonable dellree of medical certalllly Yvonne's Injuries ore permanent and even though she hos
retired, are likely to Increase in severity. Dr. Hoban completed a document called a functional
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capllClties assessment which is 0 CI)mmon analysis used by doctors and vocational experts which
sets forth those physlcol restrictions which Yvonne has.
Yvonne will call onother expert, Mr. Richard SIeber. He is a llcensed vocational
psycholollist. Mr. SIeber conducted extensive tesling and Interviewing of Yvonne and utllizlnll
that information 10llelher wilh the medicnl reports has determined what jobs are avnllab1e 10
Yvonne. Remember, Yvonne is nOI contendlnlllhal she is permanently disabled from all work.
Rather, she is soying that becouse of her injuries from Ihls crash she is unable to perform the
dudes of her job at the telephone company and IherefOl'e must retire.
Mr. Sieber has onalyzcd Yvonne's injuries and Ihe functional capacities ossessment
prepared by Dr. Hobon and concluded thaI based on his knowledge of the job market that
Yvonne's economic hori7.on hns in fact been limited. Mr. SIeber's professional opinion Is that
Yvonne is no longer capable of performing her job ot Sprint that paid her $39,000 per year but
rather is only now able to obtnln 0 job lhal pays $7,00 per hour ond that she may have great
difficulty in finding that jl)b. Thus, Yvonne's income 10ls Is the difference between the income
thnt Ihe would have made from Sprint and Ihnl which she is now cnpable of making.
The Defendant paid Dr. David Baker, an orthopod, to perform an examll\lltion of
Yvonne and testily. His deposition was taken on May 14, 1997. In his deposition Dr. Baker
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testified Ulat; Yvonne Is in fact injured, that she hilS corpnltunnel syndrome, impinaement of her
r1llhl shoulder and 0 degenerotlve condition In her neck. Dr. Boker further testified that those
conditions cause pain 000 that Yvonne's expressions of poin ore nnnlomicolly consistent with her
Injuries. Dr. Baker hos also testil1ed thnt the duties of Yvonne's job nl Sprint, allllrovateu those
injuries and Dr. Boker opined lhnt Yvonne should have restrictions on her ability to work (Dr.
Baker deposition pal!l~s 46,47, SO, S2, 64, Appendix A).
Dr. Baker disagrees with Dr. Hoban in lhal Dr. Boker does not believe that the
crash of February 2~, 1993 caused lhese enumerated injuries olthoullh he does believe that some
Injuries were caused by the crosh.
Copies of Dr. Hoban's nnd Mr. Sieber's report are attached to the memorandum
and Appendix B and Appendix C.
III, Phllntlff's Discussion of the Law
The appllcnble law liS 10 loss of eornlngs and loss of earnllllls capacity can be found
in a review of the Slondnrd Civil Jury Inslrucllons. I wUl be submiulng those Standard Civil Jury
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Instructions as Ms. Bivens' proposed Points for Instruction, but the applicable ones are attached
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to this memorandum as Appendix D.
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Of porticulor Irnpnrlonce is I'ennsylvonin Slondord Civil Jury Instrucllon 6.010.
Thot instruction reods Ihat: "Ms. Bivens is entlrled In be clllllpensoted fnr any loss or reduction of
future earnlnll capoclry .hot she will sufler os 0 result of lhe injuries sustained In this nccident. In
determinlnll this omount, you must oscerlnln .he diflerence between the yearly omounts which
Mrs. Bivens probably would or could have earned durinl! bel' Iiti: expectoney but for her injuries,
and the omounts she will probnbly be able 10 eorn durinl! the period of her life expectoncy. In
determininll this omount, you moy consider the type of work that Mrs. Bivens has d\lne, the type
of work which, in view of her physicol condlrion, educntion, experience and age, she would hove
been dolnll and will be doing in lhe future, the extent and duration of Mrs. Bivens' injuries
tOllether with all other malters l'eosOl\ably relevont."
That Is precisely the testimony thnt will be given by Mr. Sieber os supplemented
by Dr. Hoban. That is, Mr. Sieber will describe the loss ofeornlng capacity for Ms. Bivens os
R result of her injuries. Mr. Sieber will then describe whnt jobs Yvonne is cnpnble of performing.
The jury will then be free to cllllsider the amount of income lhot Yvonne would have earned as a
telephone employee, less that which she Is now able to eorn given her injuries, education.
experience and age. As a vocationol counselor Mr. Sieber is well qualified to give this testimony
and has done so many times in the past to judges and juries.
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nnd eornlnl! capocity of Injured persons. The expert wus permitted to testify1thot Mr. RUlli's
carinI! cnpacity wos diminished by 17 % boscd on studies he hod reod concerninll the earninl!
capacities of Injured employees. The expert wos further permilted to testify thnt persons with
physlca11hnitations hos twice the uncIllp10ymcnt rate of those who were not Injured. The Court
held that this expert testhnony wus odmissible und that the expert had 0 reasonable pretension of
expertise in the subject matter under consideration which wus not within the ordlnory reach of the
jury.
Certainly, if a person whose only qunlit1cation in the vocationo1 t1eld is that he runs
an employment al!ency is permitted to testify us nn expert, then Mr. Sieber with his impressive
credentinls is likewise qualit1ed.
In Hill v. Reynolds, 384 I'a. Super. 34, SS7 A.2d 7S9 (1989), the Superior Court
ruled for the defense In permitting the de tenses vocotionol expert to testify that the plaintiff was
cnpnble of performing light duty work when the medical experts disagreed. The Court held that
the vocationol expert was permitted to testify and hnse his testimony on 0 review of the plolntlff's
medical records. In this case the expert was a rehabilitation counselor whose job was to assess
an ill or disabled person's residllol physical capabilities, vocational skills, and educotionol
background nnd from thnt data determine potential employment functions. These are precisely the
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syndrome and impinqement syndrome.
If the patient says with doinq everythinq, that's
not necessarily consistent with carpal tunnel syndrome
or impinqement syndrome. She had pain with very
~pecific activities, She had pain when her hand was
overhead. She had pain with elevating the arms. She
had numbness at niqht, She had numbness with drivinq,
very consistent with impinqement syndrome and carpal
tunnel syndrome.
When you use the word consistent for what Yvonne is
sayinq, if I can just say it a different way, what
you're sayinq is that the pain that she was tellinq
you that she had--
Right.
--matched up anatomically, physically with what you
found to be her underlying disease, her underlying
problems?
Yes, She was very consistent. I think--
She was believable to you?
Her symptoms and her findings were -- her findings
were consistent with what she described.
And you've had occasion where patients have come in to
see you, perhaps your own patients or perhaps patients
that you were examining for a defense attorney, where
you found the patients were faking their injuries,
nUl/s t. ^,d.l/",I.S 111:1""11/1;1; ,SUIVlIT
"I,,,,,III,r,V "~.1Jn.OnJl ht'~ ;"'.".n.,I-IIH 1',\ ,.NIHUII.'JlJ7
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malingering, haven't you?
Well, there are ~ituations.
Well, have you had that, though?
Yes. In such situations where there are secondary
gain. For example, if the patient loses, they get
$20,000; if the patient wins, they get $100,000, I
think the patient has some incentive to embellish or,
shall we say, hyperexaggerate their symptoms.
And you would have reported that in your testimony and
your report that you wrote for Mr. Addams if you would
have found any indication that Yvonne was exaggerating
or malingering, wouldn't you, sir?
I often, if it's the gross and it's -- if there's
gross evidence of malingering, then I usually make a
mention in the report.
Now, you were describing carpal tunnel syndrome to the
jury. And I brought along a couple drawings that
since we're doing this ort video, maybe you could show
this to the camera and-- Well, I'll let you pick out
whichever one you think is better for your purposes.
(Handing) Do you want to pick one of those two,
Doctor?
This is bigger. I don't know if--
You have to hold that so the camera can pick it up.
All right. Okay,
m/IIS,.. ,I'I'I,I,<,..IS /i/yo/lIm.; ,1/:r'Yln-
".I1".h"','(717.1I'II,.,1) h"l ili.!f.U.,..IJ,"III.' "';'/f'.lll.'~ln
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compresses the space available in the canal, puttin9
pressure on tho nerve. 00 ahead,
There was no indication in any of the files thnt you
reviewed that Dr. Hoban or Dr. Samuels or any other
doctor ever made a diagnosis of carpal tunnel syndrome
before the automobile crash, was there?
There were some notes from Dr.--
No. I'm asking about a specific diagnosis of carpal
tunnel syndrome. Was there a diagnosis before the
crash of carpal tunnel syndrome?
I don't think so.
Okay. Now, you mentioned that there is a problem that
Yvonne has in her neck. And I have a couple more
anatomicaL drawings and maybe you can pick one of
those so you can show the jury.
MR, CLARAVAL: Let's mark that first one as
17 Exhibit " too, I'm sorry, 01 no, Exhibit 4,
18 (Baker Deposition Exhibit #4 was marked for
19 identification)
;/0 BY MR. CLARAVAL:
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Q.
A.
Q.
Ahd then if you will pick one of those two. (Handing)
( Indicating)
We'll call that Exhibit 5, Okay, Doctor, do you want
to explain the problem you found existed in Yvonne's
neck?
II/./I/S,., Md,l/l'.\,S 111./'011 liNt; 's/,IIVIl'/
1I1""""1'.1l7l7.11~.1'f'l1l ~I.'~ il".HH.II4,... I',' '.HIHI 111,'1117
1
2
3
4
5
6
1\,
52
MR. CLI\RAVAL: Do you want to mark that for us?
(Baker Deposition Exhibit #5 was marked for
identif ication)
But this really doesn't show -- it'a not a great
picture for showing the joints. It shows that at each
vertebral segment, the two nerves come out. But 1
7 don't know what else it shows that's helpful.
6 BY MR. CLARAVAL:
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
Q.
A.
Q.
A.
Q,
She has a degenerative condition in her neck which
consists of bulging discs and some other problems?
Yes. The joints being larger, as I explained earlier.
And what bulging discs do is put pressure on those
nerves that you've described to us?
No. Disc herniations can put pressure on nerves.
Studie$ of MRls of the cervical spine and the lumbar
spine in asymptomatic patients, in patients who have
never had any symptoms in their neck, arm, back or
legs, show that in asymptomatic patients, 30 to 40
percent have disc bulges or even frank disc
herniations.
So we see patients who, for example, have right
leg pain from a small herniated disc, and they have
evidence of disc bulges at different other layers of
the spine.
Have those same studies that you talk about also
II/./IIS" Md. ""'''' IlIyo/mN,;sIRVICI:
Itllrm/",r,V7Ii-1.1t1-"'111 ),.,,~ 7/{-/'f-Ii-M/.'1 1',\ '-1111".111-')117
Robert F. Cloravul, E~q.
April 7, 1997
PallO 2
time talking on the phone und uslnll lhe keybuord of her computer. Ms. Aeker hud been
under chiropractic care lor ut leost thirty (30) years prior to the MV A, I~ellnll the spinol
lllanipulollons olded her 10 lunctlon more elllclenlly, bolh in her stresslul responsible
position, 08 well us enoblinll her 10 purticipote In various othletlc uctlvilies, such os horse-
bock rldinll.
It should be noted Ms. Acker did hllVC minor spondylitic ehonl!es in her spine prior the
I MV A in question. These chonges represent osteoarthritis, thot is, ehanges to the spine as
a result of nor mol "weor IlIld teor" und are lound In virtunliy 011 normully active people
over the nile of forty (40). These changes ore 0 purt of the nonnol ol!ing process IlIld hl1d
Iitlle or no lltlect on her normol dlly-lo-dllY ocllvllics. Ms. Acker hlld not experienced
prior symptoms simill1r 10 her current compllllnts and wos symptom-Iree allhe time of the
accident.
CURRENT COMPLAINTS:
I Constnnt headache of 11 dull throbbing nllture, bllnteral neck po In rodil1tlnl! Into the rlllht
DrIll ond hand, right hlllld tingling and numb I1tllmes, low bl1ck pl1ln, ond poin In the risht
hip orca.
GENERAL PHYSICAL EXAM:
Ms. Acker W08 0 eooperotlve conl!enlol S7-yel1r-old right-hnnded femole of slender nthletlc
build. On eXl1llllnatlon patient wn.~ alert ond otlenlive, but III apporent dislress. Spcceh
WIIS lIucnt and orticulote, pupils 4mm and rel1ctto 2mm to Iil,!ht blll1terl1l1y, optic discs
Were sharp IlIId lIat bilaternlly. Visuol fields full to contTontl1tlon. Extrl1 occular
movements are Intoctlllld no nystl1gmus. No fuciol weokness. She hod decreased motion
of her neck in 1111 directions. There W08 parl1cervicoll1nd tropezius muscle tenderness
bilaterally. There W08 no otrophy ond no fasciculations. Deep tendon rel1exes 2+
throuliJhout and symetrlc. PlllIltor reflcxes were flexor bilaterally. She had pl1lnful tril,!lIer
points in the right upper extremit)', 08 well os In the rlllht gluteol oreo.
Minor's Sign wos present. This sil!n is present whcn the patient, In orlslnl! from 0 choir,
leons forward, jl1cknillng the lhighs nnd the dorsolumbor spine, so that the head is over the
feet. Using the honds on thu thil,!hs or the omlS of the chair, the pntlent pushes the body to
an upright position, thus sparing lowel' 11mb ellort. The presence of this sign is usually
indicative of sclotica. An ontolgic spine tilt on the right side woe oppnrent when the potient
stood uprlllht.
Robert F. Clnrovnl, EIlq.
April 7, 1997
PallU 4
troumllto the joints, usunlly evolvinll in middle olle IlIld most commonly aftectlnllthe
elderly.
There Is no evidence uf the e;.(lslrmce .if Splnll ImIdo. There oppeurs 10 00 no evidence of
intervertebrol disc spoce norrowinl!. \,l:hen the spinul colulllIlls vlewcd 08 on intellrul,
contllluous structure, thll vertebrae presents with slil,!ht subluxation (mlsolil!nment of cS/6
IlIld L4/S,
There is minimal evldencll of osteophytosls (bony outgrowth or spurring). There is no
evidence of li>rl1lllinul encroochment (nllrrowlng of the vertebrllllorlllllen cuusinll bony
Impinl!ement of the spinol nerves).
There is no radlol!rophic evidence ofretrospondylolislhesls In this pUllent. There Is no
rodiollraphic evidence of spondylolisthesis in this poticnt.
Current Subjective Signs IlIld Smyploms:
A thoroullh O8sessment wos performed on this patient 10 determine the current silins IlIId
symptoms presentinll atlhe time of lhis examination.
This patient's current primary symptom is ochinl,! ond shooting pain In the low back
biloterolly. The potillnt reported thotthis symptom radiates into both hips, both lells IlIId
both feet. This symptom, which occurs between 3/4 IlIld 011 of the patient's awake time,
precludes carrying out actIvities of doily living.
The patient indlcoted thntthis symptom Is brought on by bendinl! forwD1d, by bendlnll
bockword, by bending to the left ond by bending to the right. According to the patient, the
symptom Is furthllr ogl,!rDvated In the mornlnl! upon arising, ond In the eveninlls by
coughing, by sneezing IlIld by strolning.
The potlent also reported 0 second symptom, which Is dull pain in the neck on the right
side. This symptom, which occurs between 1/4 ond 1/2 of the potient's ownke time, Is
tolerated by the potlent, but it does couse .\'tlml! diminution In the pntient's capocity to
corry out daily octivities. The patient indicated that this symptom is brought on by
bending forward.
She complained of 0 third s)'mptom, which Is duil and throbbing pain in the upper back
bilaterally. This symptom, which occurs between 1/4 ond 1/2 of the patient's awake time,
"
Robert F. Clw'ovol, Esq.
April 7, 1997
POi\e 6
The: ZYl&omutic Rellex WllS nel,lotive. A positive test would indlcatCl damnge to the cQrticol
innervotion of the molor portion of thll Trillelllinal Nerve.
Auditory Nc:rvc Dlsordc:r Tcsts: l
The Rinnc Tc:st wos Rinnc Posllive bllotc:ro Iy. In this te:st, the stem of II vlbrotlnll 256 or
512 cycle luninglork Is placed on the: mllstold process of the: Temporul Bone. When the
put lent reports no longer heoringthc sound, thll opposite cnd of thlltuninglork is
immedlntely held In front ofthc plltient's c:ur obout 1/2" frollllhe c:xtc:rno) uuditory mc:otus,
until the putient again rc:ports no lonller hC:llring the sound. If the sound Is heord longer
extemolly lhroullh ulr conduclion, the testis considered Rinne Positive, wbich is normnl.
If the sound Is heard lor equullengths of time ut both positions, the test is considered
Rinne Equul. If the sound is hellrd longer on the mostold process (bone conduction), It is
considered Rinne Equnl. Iflhe sound is hC:llrd longer on thc Illostold procc:ss (bone
eonducthm), it Is considered Rinne Ncgntive. Rinne Equal or Rinne Negnlive indiclltes a
physlcol obstruction of somc sort in the lllrWllY or pllsslbly middle eor disell8e. In thc cose
of severe nerve deolhess, no sound is heord ut ull.
The Weber (Loterulization) Test wos Wc:ber Neglltive. With the potient seoted, the
examiner plnces the stc:m of 0 vibroting 256 cycle tuning fork on the plltienl's vertex or on
the midline of the foreheodjustllbove the glabella. If the sound is heord -.qually on bolh
sides, the test is considered Weber Neglltlve, which is 11 normal response. If the sound is
heord beller on one side (I11terulization), it is considered "Weber Led" or "Weber Ril&ht",
relative to Ihe side on which it is best heord.
Clonus Tesls:
Forceful extension of the wrists produced no Ilbrillatlons, lending to rule out on upper
motor neuron lesion. Forceful dorsillexion of the feet did I\(lt result In tibrilll1tions, thus
tending to rule out on upper motor neuron lesion.
Testing oflhe Suprl1petellar Rellex WI1S normul. Normally there is a single rebound
response of the potelln lbr euch percussion. More thon one klckbock per stroke Indicntes
supropetellllr clonus, which Is one 0 I' the crlterio lor on upper motor neuron lesion.
Trc:pidutlon Sign wos nc:gutlve, tending to rule out on upper motor ncuron lesion.
Posterior Column Disorders:
Robllrt F. ClorQval
April 7. 1997
Palle 7
The Finller to Fh1ller Test was negative. In this lest the potient with outstretched IIrIllK
allempts 10 brlnl! the tips of the indel( lingers tOl!ether. The test is done with the eyes
open ond closed. If the potient con hit the mark with lhe eyes open. but not closed, the
testis considered positive, indicLltinl,! Posterior Column Discllse. If the palient cannot hit
the mork In n coordlnllled way with eyes open or closcd, then Cercbellar Dlse08e is
Indicoted. This patient WWl oble to hit the mork with eyes open and closed.
The Finger to Nose Te5t W08 nCllative. In this test the poticnt with outstretched arms
allempts to alternately bring the tip of each Indel( linger to the tip of the nose. The test is
done with the eyes open ond closed. I f the plltienl can hitlhe mork with lhe eyes open but
not closed, lhe test is considered positive, indlclltinll I'osterlor Column Disease. Ifthe
patient cannot hit the mark In a coordinated way with eyes open or closed, lhen cerebellor
Dlse08e In Indicated. This patient WllS able to hltlhe 1I\1lrk with cyes open nnd closed.
The Heel-Knee Test W08 nCl!otive, tending to rule out a proprioceptive system Imbnlllllce.
Lumbosocrol Nerve Tests:
The Heel-Wolk Test wos positive. The potient walks on the heels several sleps forword,
then back the SI1Ille way. If the patient hIl810w back complaints and is unable to perform
this action because of either poln or weakness, then 0 lesion of the llbers of the LS Nerve
Root should be suspected.
The Toe Walk Tcst was positive. In this test the patient wolks on the toes obout seven
steps forward. turns still on the toes, then walks back the seven steps. The patient's
inability to do this easily could Indicate 0 loss of Integrity of llbers from the S 1-2 nerve
roots.
ORTHOPEDIC EVALUATION:
J C~rv"lal Le~'lon T~.vls:
The Cervical Distraction Test WWl positive bllaternlly. While seoted, the patient octively
rotates the heod and ncck until rodiculor poin Is produccd. The exomlncr then rotates the
hend to the same extent, but with strong upword troction added to the motion. If this
octlon perlormed by the el(ominer gives rclicf or slgnillcantly rcduces thc potient's cervlco1
and/or rlldiculor pain, this test is considered posltivc, indicating ncrve root compression.
If the patient Cnn octively rotale the hcad or nuck bccouse of pain, the examiner can stili do
this test by adding traction with or without rotation.
Robert F. Cloravol
April. 7, 1997
Plllle 8
Jrhe Jockson Compression Test WlIS positive billllerolly. In this test the pot lent, slulnll
uprillht, nllempls to Interolly nex the neck IlIld helld to word the allccted shoulder, Then
the exominer exerts uownword pressure with cllIsped hands on lOp oflhe pntlent's hend.
The testis positive 1ft his action exoccrblltes the potient's cervicollllld/or mdleulor pain,
indicoting nerve root compressioll.
\/The Mllldmum Cervical Compression Test WllS positive bilalerolly. III this test the pot lent,
siuinll uprillht, allempts to laterally tlex the neck IlIld helld toward the ollccled shoulder.
Then the examiner directs lhe plltlentlo brinl! llw chill liS close 08 possible to lhe shoulder.
The testlllllY be repealed p08slvely if there Is no response when the pot lent does the nction
nctively. The testis positive when the octloll causes radicular pllln on the side of the
tlexlon IlIld rotation. A positive lest revellls cervlclIl nerve root compression in thut lhe
action narrows the diameters of the Intervetebral iiI rumina. 08 much 08 anotomlclllly
possible.
JThe Shoulder Depression Test W08 positive bilnlerolly. This test is done with the patient
supine. The exwnincr, stllndlng ot the head of the patient, lie xes the neck to the side
opposite 10 the shoulder being tested while pushing the shoulder cauda ward. Then, while
Il1Illntainlng the depression of the shoulder, the heod Is rotated, ogoin to the side opposite
to the shoulder being tested. Ifradlculor pain 15 either pl'Oduced or aggravnted the lirst
action and then contlrmed by the second, the test is considered positive. A positive test
indicates adhesions of the dural sleeves, the spinal roots, or the adjncent structures of the
joint capsule on the side of the shoulder being depressed.
JvolsnlVB Mnneuver Wns positive. This test Is done on patients with eervlcn1 problems and
Is done with the pot lent seated. The examiner du'ects the patient to hold the breath IlIld
bear down,llSlfmovlnl! the bowels. This oction increoses Intrathoroclc pressure and,lflt
results in nn Increose in cervicol poin and rodiculnr neuralgio, the test Is considered
positive, Indicutlng Intcrvertcbral nerve root compression from 0 disc occlusion.
Thoracic Lesion Tests:
The Chest Exponslon Test wos negative, tendinl! to rule outthorucic fixation. A positive
test would be considered an importunt sign in uny onkylosing condition, such as
Marie-Strumpell DIseose.
Robt:rt F. Clorovol, Esq.
April 7, 1997
Paie9
/ Lumbor Lesion Tests:
The Double l.~1! Rals~ T~st wo.~ positive. This t~st is pertbrmed with lhe poti~nt supine.
The examin~r strnillht leI! raises each leg separately, notlnl! the onl!le where pnin is
produced. Then bolh legs ore rnised tOllether, ol!oin notinl! lhe nnl!le where puin is
11 oduced. If the III\gle where poin occurs when both legs ore lilled together is less thllll
ither lell when lifted separately, then this test Is considered positive, indicatlnl!
lumbo80crnl joint involvement.
The Low Back Hyperextension Test was positive. This test helps to localize low back
lesions. The potient lies prone with the arms at the sides WId leKS strail!ht and together.
The exominer holds the legs down 11I\d h08 the patient lill the heod, neck ond shoulders as
for back 08 possible. Then the exomlner h08 the pOlient point to the center oftbe pain
resultinl! from this action. This put lent pointed 10 L5.
/
~ntervertebral Disc Syndromes:
. Bechterew's Test (seated straight-leg roising) wos positive on the right side. If the patient
is unoble to perform IlIlY of the lllIlIleuvers of this test, bt:cnuse oflow back and/or
radiculor pain or, if the patient is nble to extend one leI,! normally but is only able to extend
the other leg by lelllling the trunk backwords In 0 semi-sluing position bt:cause of poin, the
test is positive. This test most commonly indlcotes alumbosocral intervertebral disc
protrusion, causing 11I\ increose in neuralgia when the sciatic nerve is stretched by this
version of the strolghtleg rolse.
Tests for Malingering:
Burn's Bench Test wos negative, tending to rule out IllIIlingering or hysterio.
Hoover's Sign W08 not present, tending to rule outllllllingering or hysteria.
l.08egue's Siuinl! Test was negalive, tending to rule out low bock rodlculopathy,
sp08mophilio or lumbar disc hemiotion.
Magnuson's Test wus negotlve, tendlnl! to rule out slmuloted poin, hysteria or IllIIlingcring,
Robert F. Cloruvol. Esq.
April 7, 1997
11nlle 12
Rib Evoluaion:
l)olplltlOIl of the rib co~e demonstratell normaltl~sue consistency ond no obnormlll poin
response.
Diollnosls:
Discussion: Ms. Acker is still under Cllre with me lilr injuries sustoined in the MV A of
2/2S/93, althoul!h on IlIl os needl~d b08is. WhUe she initillUy responded weU to core with
me, I relcrred her to the MllllllCllc Irnllginl,! ccnler In June of 1993 lor Ull MRl of her
cervicals, because of onl!oing neck comploints. MRI revealed spondylillc chanl!es in
odition to bullllng discs lit c6- 7, C5-6 and C3-4. My prolessionul opinion with a
rC08onoble de~ree of medlcaVchiroprllctic certainty is the present spondylitic changes 0
relntively normlll tlndin~ prcdlsposed her to the serious permanent injury of the bull!lng
discs.
Core in this office conlinued ond, ol!oin reaching 0 plateou with the low back. Dr. Sarnuels.
MD Neurologist, reterred Ms. Acker for IlIl MRI of the low back. In complll'ison with IlIl
MRlaccomplished on 11/1S/90, Dr. Chorlcs B. Austln, MD, notes on hisreport dated
September 27,1993: "The overaU appeorllllce of the MRJ is unchonged, there is probably
mild loteral protrusion of disc mnteriolatthe U-S 1 level. This concievobly could implnile
upon the elliting nerve root..."
Alloin, upon coreful review of the MRland given Ms. Acker's cllniclll picture, thot being
one of chronic low back pain; good some doys, not so 1I00d others, butalwllYs there.
Relieved by mnnipulotion, but olwllYs returning. It is my professional opinion with a
rellSonab1e degree of medico 1 certointy thot, IIrst, Ms. Acker's injuries ore a direct result of
the MY A on 2/25/93 ond secondly, they fall into II rather grcy areo...that being not severc
enoullh to require surgiclll intervention, but not mUd enough to heal Itself with proper
chiropractic care, resulting In permanent chronic Il)w bock pain; poin that will sIllY with her
for the rest of her lite; relieved somewhot by medication ond/or chiropractic core, but
olwoysthere. Over the yeors ofcllre discussing Ms. Acker's condition, I odvised her to
toke IlII eorly retirement. The stressors of her highly responsible job, involving not only
her mind, but moving her low bock. heod and neck with every call have tuken its toll. She
worked in pain every day. It is my understllllding she sold her horse becouse of the pain
Involved in riding.
Now, o.,ide from the neck and bock problems, Ms. Acker sutlers from Corpal Tunnel
Syndrome. Again, It is my prolessional opinion thc Curplll Tunnel Syndrome is a direct
KNESTRICK and SLEBER
CLINICAL PSYCHOLOGY ASSOCIMU
2645 Norlh rhl,cj5""I, 51jlt, 430
f1ml,blj'l. ',nn'ylvlnII17110
CONFIDENTIAL
-
hl.phon, 717,231,0115
LIClNSED PSYCHOLOGISTS
J.m" L. /(n",,'ck, Ph.D.
Rlch.rd L, SI,ber. M.;\.
Rlch.rd L. /(Qhr. Ph.D.
W. Robert D.vld.on, M.;\.
;\IICllyn W. SI.bltr. M,P'S.S,C.
Morell. L7, L997
VOCATIONAL EVALUATION
N...l Yvonne Bivena
a.qu.ltld bYI ~obert
n.t. of Ev.luationl
F, CLarnvaL, Esquire
L0/7/')6
R.alon for R.f.rrall
Yvonno Bivons was referred for a vocational evaluation by her attorney,
Robert F. Claravol, The purpose of tho evaluation was to dotermino the
psychological, vocational and economic impact of a February 25, L993, motor
vehicle occident. All opinions rendered are within a reasonable degree of
profeSSional contonuity.
Backsround Informationl
Yvonne Bivens is a 6L-year-old femalo, who currently resides at 8964
Lamar Road, Oreencastle, Pennsylvania. She has been married to her husband
Carl Biven., for approximately I, yeara. Nrs. Bivens has three adult
children, none of whom reside at home. She is a 1954 graduate of Central
Cambria High School and obtained no formal academic or vocational training
b.yond that l.vel. Mrs. Bivens was not in the military, A history of arrest
or convictions was denied. Her employment history consists of working for
Sprint Telephone Company from approximatelv 1985 to her anticipated retirement
date of March 1, L997. Her job duties consisted of teating lines for
difficulties when customers reported that thoir telephones wore out of order,
Prior to working for Sprint, Mrs, Bivens worked for United Telephone Company,
starting that position approximately March L, 1964. Her duties for United
Telephone Conlpany were assigning orders for installing telephones. She left
United Telephono Company due to lob consolidation and bridged her service
with Sprint Telephone Company. Mrs, Bivens nlso workod for approximately
6 months in 1965 and 1966 as a cashier at Commercial Credit Corporation.
Mrs. Bivens stoted that on February 25, 1993, she was a passenger in
a cor driven by her husband that was struck by anothor vehicle. As a result
of the accident, Mrs, Hivens sustained injuries to her neck and lower back.
She currently receives chiropractic treatment from Dr. Ronald Hoban. She
hod been seeing Dr. Hoban three limes per weok for on extandect period of
ti~e but now is treoted approximately once 0 week. As 0 consequence of her
CONFIDENTIAL
Vocational f.valuutiun
nel YVonn~ 8iven~
Murch t7, 1')'17
Po ~e Two
injuries, Mrs. Biven~ indicated she experiences daily
in their severity, neck ond right ehoulde~ pain which
and numbness in her fingers and toes. She etated she
difficulty sleeping as she cannot get comfortahle.
hsadochea which vary
radio tee down her urm
tires quickly and hUB
Mrs. 8Lvene Indicotes that prior to the accLdent, she was extremely
activo as she jogged, swam, buwled, hunted ond rode horses, Au a consequence
of her injurieS, she indicated she hae sold her horses, no longer jogs or
rides her bicycle, has stopped line dancLng and hOB dLfficulty with household
dutiee such as hanging clothes or running the sweeper. $he indicates that
she continues to bowl but "I pay the price afterwards."
Mrs, 8Lvens stated that while she had planned to work untLl age 6~.
duo to her injuries she will be taking an oarly retirement in March of 1'197.
She indicated that she con no longer deal with the rigors of her work schedule
which entoiled her getting up at ~IOO a.m., having J 45 to 60 minute commute,
quitting work at ~130 p,m. and not returning home untLl approximatoly 6130
p,m, She alao indicated that on hor days off she is on call. Also, she
was required to sit tho majority of the doy and continuously be turning her
head, Both of these activLties Itld to increased pnin discomfort. Mrs. Bivens
indicated that she experiences bOULI of depression and anxiety related to
her pain, physical limitatLons and ,oncerns about her financial future.
While she recognizes thot she wLll e(perience economic losses as a consequence
of her early retirement, she stated that she Ls emotionally and physicolly
unable to continue working, Mrs. Bivens indicated th.1t friends and tamlly
have noticed personality changes in her since the occLdent and that she has
become increasingly short-tempered, angry and irritable, Because of her
pain, she believes she has a reduced ability to cope with stress, further
adding to her decision to retire early from work,
'sychololicel I_pect of InJuriesl
Mrs, Bevins presents with symptoms consistent with and characteristic
of individuals experienCing chronic pain. The pain itsolf, along with the
accompenying physical limitations, load to anxiety, depression, emotional
lobility, irritability and generolty reduced coping skills. PaLn wears on
individuals over time often exacting an increased emotional toll, Since
the pein and functional limitations lead to a decreased abLlity to enjoy
life, it Ls easy to see why personality changes toke place. Along with the
clinical interview, Mrs. Bivens was administered the MLnnesota Multiphasic
Personality Inventory 2. The MMPI 2 was computer scored through Notional
Computer Systems, Incorporated. Mrs. Bivens' approach to the test was open
and cooperative, and there was no evidence to suggest a good impression bias,
a defensiva attitude or an exaggeration of her symptomatolo~y, Her profile
was consistent with individuals experiencing chronic pain with elevBtiona
"
,'j
)
,
,
II
CONFIDENTIAL
Vocational ~valuation
Rei Yvonne Bivens
Morch 11, Ill'l1
Page Three
on the scales containilig Hems related to somatic complaintR. A mild
elevation was noted on the scale measuring dupreRsive symptomatology. The
degree of etevation would not be indicativu of a clinical depression, but
moreso of a pervasive dysphoric mood. Theru wan also a mild elevation on
the content scale measuring health concerne. ~er MMPI-2 profile was
consistent w1th her statsd physical problems anll functiQning level. The
diagnostic impression would be that of Dysthymic Disordur,
Vocational and Economic Impact of InJurieel
As of a consequence of her injuries, Mrs. RivenR is taking an early
retirement which will therefore lead to significant financial losses.
Calculations of tost past and future wageR will be based on information
obtained from Mrs, lIivuns' Sprint rotiremenL uunofit progr.lm. Sprint utilized
an annual elogible compunsation of $]9,226 to calculate Mrs. Bovins'
retirement and therefore that figure will be utilized as her annual salary.
Mrs, /livens' pension amount iR reduced by 5~ for each year prior to age 65
that she retires. By retiring in March of 1991, hur benefit is reduced by
11%. Upon retiring in March Ill'l7, Mrs, /Iivena will receive an annual income
of $14,095. Mrs. Bevins' tru.H.ing physician, Dr, ~oban, indicatsd through
a telephone consultation and a funcLionol capacity assessment that Mrs. Bivens
could work in light or sedentary types of positions but she is unable to
cope with the physical stresses of her current position. The commute,
extended Sitting and excessive head and neck movement aggravate her condition
ond exacerbate her pain.
Since Mrs, Bivens is approaching retiremunt age and does not possess
any highly marketable skillR, her eRtimated hourly wage in todays' Job market
would be S1.00 per hour. Should Ms. Bivens be able to obtain a f.ull time
pOSition and urn $1,00 per hour, work a 40 hour worl, week and a 52 week
work yeor, she would earn 014,560 annually. Adding this figure to her yearly
retirement benefit of $14,095 totals $26,655 per year. The difference between
Sprint's annual eligible compensation of $19,226 and Mrs, Bivans' current
earning power of $26,655, produces a yearly wage loss of $10,51]. From the
date of Mrs, Bivens' retirement to the scheduled trial data of May t9, 1991,
is apprOXimately 2\ months and therefore Mrs. Bivens would accrue lost past
wages in the amount of $4,229, For the 1 years, 9\ months until age 65,
Mrs. Bivens would have lost future wages in the amount of $]6,061. The
information available to calculate lost future wages bnyond age 65 is based
on Sprint data from 12/]1/95. At that time, utilizing pension earnings of
$16,019, Sprint projected Mra. /lev ins wou1.d receive a monthly benefit of
$1,606 per month or $19,29ft annually. Subtractin~ Mrs, Bivens' adjusted
retirement amount of $14,095 from her projected full retirement amount of
$t9,296 yietds a yearly wage loss of $5,201. Based on life expectancy tables,
Mrs, Bevtns would have a life expectancy of 17.B years beyond age 65, Her
I
KNESTRICK and SLEBER
CLlNIC!.L PSYCHOLOGY !lSSOC/MfS
26045 North Third 5.,e... 5ijlle 430
fhrrllbijrl, 'ennlyl..nla17110
LICENSED PSYCHOLOGISTS
I,me, L. /(ne"'lck, Ph.D.
Rlch"d L. Siebe,. M.II.
Rlch,rd L. /(oh" Ph,D.
W. Robert D,vld,on. M.II.
IIl1c~lyn W. Siebe,. M.P.S,S.c.
CONFIDENTIAL
relephone 71NH-tlIQ
May 12, 1997
Robert P. Claravol, Bsquire
P.O, Box 11933
lIarrisburg, PA 17108
ReI Addendum. Yvonne Bivens
Dear Mr. Cloravall
As per your request, I would lIke to provide you with an addendum to
my March L 7, 19n. report on Yvonne Bivens. I am In receipt of Ms, Blvene'
fInal pensIon ligures [rom Sprint. Based on this information, I wIll
recalculato hor lost past and future wages related to her 'ebruory 2~, 1993,
motor vehIcle accident. Since Me, BIvens' history, test results, and cllnicol
Impressions c.1n be found In the M.1rch 17, 1997, report, they will not be
det31led here.
Tho $]9,228 that SprInt used to calculate Ms. Bivens' retirement will
continue to be utilIzed as her estimated annual salary. lIer updated pension
figure Is $1,188 monthly and $l4, B6 .1nnually. Two sets of wage-loss figures
will be prOVided on Ms, BIvens, one based on her beIng unemployable until
age 6~ and the other based on her working a full-timo, 40 hour per week Job
at '7.00 per hour untIL age 6~.
If Ms. Bivens is unable to be gaLnflllly employed, ehe would lose the
difference between her prior wage of $19,228 and her retIrement benefit of
$14,2~6, which is $24,972, Lost past wages are calculated from her retirement
data of April 1, 1997, to the anticIpated trL.11 date 01 May 19, 1997. lIer
wage loss over that one-and-one-half-month period would be $1,121, 'uture
wage losses for the three years, nIne and one-half months until age 6~ totol
$94,68'. Lost past and future wages up to age 6~ would therefore total
$97,806.
An estimate of Ms. Bivens' current earnIng power is $7.00 per hour, and
by working full-time she could oarn $111,'60 per year. Ms, J\Ivens would then
be earning $14,'60 plus her retirement benefit of $14,256 which totals $28,816
per year, Lost annual wago. would then bo the difference between her annual
salary of $39,228 and $28.816 whIch Is $10,412 por yoar. 'ar the one-and-
one-half-month perIod hetweon Ms. BIven.' retlroment and the trial dato, she
would Incur lo.t p.1.t wages In the amount of $1,102. (lor tho threo years,
nine and half months to age 65, sho would have lost future wages of $39,494.
Lost past and future wagns untll ago 65 would t.hen he $40,71)6.
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13. If you Ilnd thot Mrs. Bivens' injuries will continue beyond todoy, you must
detemllne the life expcctllllcy oflhe Plnlntitl', Yvonnl: DIvens. Accl1rdlnl,l to statistics compiled by
the United Stotes Deportment ofllclllth, Education llIld Wellilre, the uverolle lile expectlllley of all
pllrsons of Mrs. Bivens' ulle, SIlX IlIld ruce lit lhe lime of the uccldcnt wns 24.7 years. This Illlure Is
offered to you only liS 0 lIulde, und you ore nllt bound to accept It if you believll that Plointiff,
Yvonne Bivens, would hove lived lonl,lcr or less lhalllhe uverol,le individuul in his catellory. In
reachlnllthis decision YllU are to cllnsldcr the Plulntifl's helllth prior to the occldcnt. her manner of
livinll. her pcrsonal habits. and othcr luctllrs thUtl\111Y hnve ufleCled thc durution of her life.
Pa. SSJI (Clv) ~6.21
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14. Mrs. Uivensis clllhlcd If.) be cOlllpensoted li)r ony loss or reduction of luture
earnlnll copoelty thot she will suller os 0 rcsult uf thc Injuries sustoined in this occid,'nt. In
detennlnlni this arnOUnl, you must oscertoin the dillerence belwcenlhe yearly omounts which Mrs.
Bivens probably would or could hove eurned durinl! hcr lile expectwlcy butlilr her Injuries, IlIld the
l1Illounts she will probobly be nble to eorn durinl! lhe period of her lile expectancy. In determinlni
thisl1lllount, you may consider thc type of work thnt Mrs. U1ven~ hos done. the type of work which,
In view of her physical cunditlon. education, experience and oge, she would hove been doinll ond
will be doinll in the luture, the extent und durotiun of Mrs. Bivens' injuries tUllether with all other
mailers rellllonubly relevllllt. The wnount of lost coming cnpachy which you detennlne to hove been
sustained by Mrs. Bivens should be expressed by you in a dollor nlllllunt.
You mny recallthot Mrs. Bivens ollered testimony on this pointlrom Mr. Richord
Sieber. Mr. SIeber W08 qualitled os WI expertlUld you ore lree to IIlve his testimony whatever welllht
you teel Is approprllltc. Mr. SIeber Icstll1ed lhntthe totnl omount of lost future Income for Mrs.
Bivens Is $130,641.
Pa. SSJI (Civ) ~6.OID
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124 OLER
YVONNE B. ACKf1R, IN THE COURT OF COMMON Pl-EAB OJ'
Pl.intiff CUMBERLAND COUNTY, PENNBYl-VANIA
v. CIVIL ACTION . LAW
STACY CUMMINGS,
D.fendant No. 94.734 CIVIL Tl':RM
I
IN REI PRETRIAL CONFERENCE
A pretrial conference in the above-captioned
matter wa. held in the chamber. of Judge Oler on Wedne.day,
April 30, 1997. pre.ent on behalf of Plaintiff wa. Robert F.
Claraval, I.quire. pre.ent on behalf ot Defendant wa. William
A. Addam., I.quire.
This is a negligence action for personal injury
arieing out ot a motor vehicle accident on February 25, 1993,
when Detendant attempted to move into a center lane a. the
vehicle in which Plaintiff wa. a pas.enger was pa..ing
\
Liability i. admitted.
Thi. will be a jury trial in which each .ide will
have tour peremptory challenge., tor a total of eight. The
Detendant,
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e.timated duration ot trial is two days.
To the extent that any videotape deposition. are
to be utilized at trial betore the jury, and that they require
rulings by the trial judge with re.pect to objection., coun.el
are direoted to turni.h to the Court copies of the tran.cript.
ot suoh depositions, with the areas ot objections being pursued
highlighted, and briet memoranda in .upport of counsel'.
re.pectlve positions on the objections at least five day. prior
to the commencement of the trial term.
An issue which may arise at trial is the
competency of the Plaintitf's chiropractor, Dr. Ronald Hoban to
I
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'(VONNIll B. ACKER,
i'laintitf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 734 CIVIL 1994
v,
STACY CUMMINS,
Defendant
JURY TRIAL DEMANDED
DEFEND~T'S REOUESTED POINTS FOR CHARGE
AND NOW, comes the Defendant, Stacy Cummins, by her
attorneys, Fowler, Addams & Rundle, and requests Your Honorable
Court to charge the jury as follows I
1. There is no claim in this case for medical expense.
may not make any award for medical expenses past, present or
future.
2. The plaintiff is entitled to be compensated for the
amount of earnings that she has lost up to the time of the trial
as a result of her injuries. This amount is the difference
between what she probably could have earned but for the harm and
any less sum which she actually earned in any Elrnployment.
Pa. SSJI (Civ) 56.01C.
3. The plaintiff is entitled to recover for her loss of
wages only for the time she was unable to work following the
injury, ~eo v. Philadelohia Transp Co., 405 Pa, 532, 539, 176
A.2d 696 (1962),
4. One of the things you must determine before you ever
even think about the testimony [regarding loss of future
earnings) is whether or not there has been an impairment of the
earning capacity and the degree of that impairment. You will
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con~ider carefully the evidence surrounding thi~ issue and
whether or not [Mrs. Bivens) is capable and would be capable in
the future of carrying on all of her duties [with the telephone
company). The question under the law is whether she can hold the
job and do the work required of her without the aid of someone
else. ~ v. Mankamye~, 485 Pa. 525, 403 A.2d 87 (1979).
5, You have heard the testimony of various expert witnesses
for the plaintiff and the defendant.
A witness who has special knowledge, skill, experience,
training or education in a particular science, profession or
occupation may give his opinion as an expert as to any matter in
which he is skilled, In determining the weight to be given to
his opinion, you should consider the qualifications and
reliability of the expert and the reasons given for his opinion,
You are not bound by an expert's opinion merely because he is an
expert I you may accept or reject it, as in the case of the other
witnesses, Give it the weight, if any, to which you deem it
entitled. Pa. SSJI (Civ) ~5.30.
6. In general, the opinion of an expert has valuo only when
you accept the facts upon which it is based. This is tx'ue
whether the facts are assumed hypothetically by the expert, come
from his personal knowledge, or from some other proper source or
from some combination of these, PA SSJI (Civ) 55.31,
7. Questions have been asked in which an expert witness was
invited to assume that certain facts were true and to give an
opinion based upon that assumption. These are called \5
G
(I
hypothetical questions. If you find that any material fact
assumed by the expert in a particular hypothetical question has
not beon established by the evidence, you should disregard the
opinion of the expert given in response to that question. By
material fact, we mean one which was important to the expert in
forming his opinion.
Similarly, if the expert has made it clear that his opinion
is based on the assumption that a particular fact did not exist
and, from the evidence you find that it did exist and that it was
material, you should give no weight to the opinion so expressed.
Pa. SSJI (Civ) 55.32.
8. In resolving any conflict that may exist in the
test imony of expert wi tnesses, you are entitled to weigh the
opinion of one expert against that of another. In doing this, /
C.~
you should consider the relative qual i f ications and reliability
of the expert witnesses, as well as the reasons for each opinion
and the facts and other matters upon which it is based. Pa. SSJI
(Civ) 55.33,
Respectfully submitted,
FOWLER, ADDAMS & RUNDLE
.,
A /-~,
n1~~~"~7".:.
Bye .,' . . /
--.-W am A. A ams
Supreme Court r.D. No. 06265
28 South Pitt street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
. .
KNESTRICK and SLEBER
CLINICI1L P5YOIOLOCY 11550CII1Tf5
2645 NO/lh Thl,d 5"'11. 5ulll 4)0
Hmllbu,.. P.nnlyl\llnII17110
CONFIDENTIAL
LICENSED PSYCHOLOGISTS
',m.. L. /In,.trlck, Ph.D.
Richard Lo SI,be" M.iI.
Rlch,rd L. /loh" Ph.D.
W. Robert Dlvld,on. M.A
ill/calyn W. SI,be" M.P.S.S.c.
TeI,phon.717.21.-0.t5
.March 17, 1997
YOC^TIQH^L EV^LU^TIQH
Ha.e, Yvonne Bivens
Request.d bYI Robert
Dete of Evaluationl
F. Cloravol, Esquire
10/7/96
R.aaon for Ref.rrall
Yvonne Bivens was referred for a vocational evaluation by her attorney,
Robert F, Claraval. The purpose of the evaluation was to determine the
psyr.hologlcal, vocational and economic Impact of a February 25,1993, motor
vehicle accident. All opinions rendered are within a reasonable degree of
professional contonulty.
Background Infor.ationl
Yvonne Bivens is a 61-year-old female, who currently resides at B964
Lamar Road, Greencastle, Pennsylvania. She has been married to her hUsband
Carl Bivens, for approximately 1\ years. Mrs. Bivens has three adult
children, none of whom reside at home. She is 0 1954 graduate of Central
Cambria High Sch001 and obtained no formal academic or vocational training
beyond that level. Mrs, Bivens was not in the military, A history of arrest
or convictions was denied. lIer employment history consists of working for
Sprint Telephone Company from approximately 1985 to her anticipated retirement
date of March t. 1997. Her job duties consisted of testing linea for
difficulties when customers reported that their telephones were out of order.
Prior to working for Sprint, Mrs, Bivens worked for United Telephone Company,
starting that position approximately March I, 1964. Her duties for United
Telephone Company were assigning orders for Installing telephones. She left
United Telephone Company due to job consolidation and bridged her service
with Sprint Telephone Company. Mrs. 81vens aLso worked for approXimately
6 months in 1965 and 1966 as a cashier at Commercial Credit Corporation.
Mrs. Bivens stated that on February 25, 1993, she was a passenger In
a car driven by her husband that was struck by another vehicle. As a result
of the accident, Mrs. Bivens sustained injuries to her neck and lowsr back.
She currently recoivos chiropractic treatment from Dr. Ronald Hoban. She
had been seeing Dr. Hoban three times per week for an extended period of
time but now Is treated approximately once a week. As a consequence of her
CONFIDENTIAL
Vocational ~valuatiQn
Re I Yvonne l\Lvens
March 17, 1997
Page '1'''10
injuries, Mrs. Bivens indicated she experiences doily
in their severity. neck and right shoulder pain which
and numbness in her fLngern and toes. She stated nhe
difficulty sleeping as she cannot get comfortable.
headachas which vary
radiaten down her arm
tiros quickly and has
Mrs. Biven~ indicates thnt prior to tha accident, she won extremely
active as she logged, swnm, bowled, hunted and rode horses. An a consequence
of her injuries, she indicated she has sold her hornes, no longer jogs or
rides her bicycle, has stopped line dancing ,1nd has difficulty "11th household
duties such as hanging clothes or running the sweepor. Sho indicates that
she continues to bowl but "I pay the price afterwards."
Mrs. Bivens Btated that whLle Bhe had planned to work until age 65,
due to her injuries she will bo taking an oarly retirement in March of 1997.
She indicated that she can no longer deal with tho rigors of her work schedule
which entailod hor gottlng up at 5100 a.m.. having a A5 to 60 minute commute,
quitting "Iork at 5130 p.m. and not returning home until aPProximately 6130
p.m. She also indicated that on her days off nhe is on call. Also, she
was required to sit tho majority of tho day and continuously be turning her
head. Both of these activities led to increased p.1in discomfort. Mrs. Bivens
indicated that she experiences bouts of depression and anxiety related to
her pain, physical limitations and concerns about her financial future.
While she recognizes that she will experience economic lossos as a consequence
of her early retirement, she stated that she is emotionally and phyaically
unable to continue working. Mrs. Bivens indicated that friends and family
have noticed personality changes in her since the accident and that she has
become increasingly short~tempered, angry and irritablB. Because of her
pain, she believes she has a reduced ability to cope with stress. further
adding to her decision to ret.ire early from work.
PsychololLcal Impact of Injuriesl
Mrs. Bevins presents with symptoms consistent with and characteristic
of individuals experiencing chronic pain. 'I'he pain itself, along with the
accompanying physical limitations, lead to anxiety, depression, emotional
labil1ty, irritability and generelly reduced coping skills. Pain wears on
individuals over time often exacting an increased emotional toll. Since
the pain and functional limitations lead to a decreased ability to enjoy
lite, it is easy to see why personality changes take place, Along with the
clinical interview, Mrs. Bivens was administered the Minneaota Multiphaair.
Personality InVentory 2. The MMP[ 2 was computer scored through National
Computer Systems, [ncorporated. Mrs. Bivens' approach to the test was open
and cooperative, and there was no evidence to suggest a good impreasion biaa,
a defeneive attLtudo or an exaggeration of her symptomatology. Her prOfile
"Ias consiatent wtth individuals experiencing chronic patn wtth elevations
, .
CONFIDENTIAL
Vocational Evaluation
Rtl Yvonne Bivens
March 17, 1997
Page Three
on the scales containln~ Items related to somatic complaints. A mild
elevation was noted on the scale measuring depressive symptomatoloilY. The
degree of elevation wouW not be indicative of a clinical depresaion, but
moreso of a pervasive dysphoric mood. 'I'here was also a mild elevation on
the content scale meaaurlng health concerns. ~er MMPI-2 profile was
conslstent "11th her stated physical problems and functioning level. The
diagnostic impression would be that of Dysthymic Disorder.
Vocational and P.conomic I~pact of Injuriesl
As of a consequence of her injuries, Mrs. Bivens is taking an early
retirement which will therefore lead to significant financial losses.
Calculations of lost poat and future wages will be based on information
obtained from Mrs. Bivens' Sprint retirement benefit program. Sprint utillzed
en annual elegible compensation of $39,22B to calculata Mrs. Bevins'
retirement and therefore that figure will be utilized as her annual salary.
Mrs. Bivens' pension amount is reduced by 5% for each year prior to age 6~
that she retires. By retiring in March of 1997, her benefit Is reduced by
17%. Upon retiring in Morch 199/, Mrs. Bivens will receive an annual income
of $14,095. Mrs. Bevins' treating physician, Dr. Hoban, indicated through
a telephone conaultotion and a functional capacity assessment that Mrs. Bivens
could work in light or sedentary types of positions but she is unable to
cope "lith the physical stresses of her curront position. 'I'he commute,
extended sitting and excessive head and neck movement aggravate her condition
and exacerbate her pain.
Since Mrs. Bivens Is approaching retirement age and does not poaS8ss
any highly marketable skills, her estimated hourly wage in todays' job market
would be $7.00 per hour. Should Ms. Bivens be able to obtain a full time
pOSition and earn $7.00 per hour, work a 40 hour work week and a ~2 week
work yea):', she would earn $14, ~60 annually. Adding th16 figure to her yearly
retirement benefit of $14,095 totals $28,6~~ per year. The difference between
Sprint's annual eligible compensation of $39,228 and Mrs. Bivens' current
earning power of $28,65\, produces a yearly wage loss of $10,~73. From the
date of Mrs. Bivens' retirement to the scheduled trial date of May 19, 1997,
is approximately 2~ months and therefore Mrs. Bivens would accru~ lost psst
~agos in the emount of $4,229. For the 3 years, 9~ months until age 65,
Mrs. Bivens would have lost future wages in the amount of $38,063. The
information available te calculate lost future wages beyond age 6~ is based
on Sprint data from 12/31/95. At that time, utilizing pension earninls of
$38,079, Sprint projected Mrs. Bevina would receive a monthly benefit of
$1,608 per month or $19,296 annually. Subtracting Mrs. Bivens' edjusted
retirement amount of $14,09~ from her projected full retiremont amount of
$19,296 yields a yearly wage loss of $~,20L. Baaed on life expectancy tables,
Mrs. Bevins would have e life expectancy of 17.8 yeats beyond age 6~. Het
v.
IN THE COURT OF COMMON E'LEAS Of'
CUMaER~AND COUNTY, PENNSYLVANIA
NO. 734 CIVIL 1994
YVONNS B. f\CJ(ER,
Plaintiff
STACY CUMMINS,
Defendant
JURY TRIAL DEMANDED
DEFENDANT'S E'RETRIAL MEMORANDUM
1. FACTS: This action arises out of an automobile accident
at about 9:00 p.m. on February 25, 1993 in Silver Spring
Township. The Defendant was traveling South on Route 11 in the
right hand lane and decided to enter the center lane to turn
around as the Plaintiff's vehicle was passing her. The sides of
the vehicles collided. The Defendant admits liability.
2. DAMAGES: The Plaintiff claims she sustained soft tissue
injuries to her neck and back. She has had extensive
chiropractic treatments both before and after the accident, and
alleges that she retired in March of 1997 at age 61 from her job
at United Telephone company because of the injuries she sustained
in the accident four years earlier.
3. ISSUESI The extent of the injury and damages.
4. EVIDEN.c.fI.: No problems are anticipatlild.
5. WITNESSES 1 Stacy Cummins and Pavid c.' Baker, M. D.
6. EXHIBITS: None anticipated.
7. SETTLEMENT NEGOTIATIONS: Continuing.
Respectfully submitted,
FOWLER, ADDAMS & RUNDLE
BYI
~~..
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W a A. Ada:~
Supreme Court I.D. No. 06265
28 South E'itt Street
P.O. Box 208
Carlisle, E'A 17013
(717) 249-8300
Attorneys for Defendant
Datel April 30, 1997
5. RCl&I1I'dlc5s of how large the amount of lIloncy your award is, you l1I'e not to
bc concerned with how It will be paid by Ms. Cummins. You arc III dccide what amount you
believe will fairly compcnsate Yvonm: for her injuries WId Ihr her loss of income and aWl1l'd thai
amount without bcinl,\ concerncd hllW Ms. Cummins will pay thlll amount.
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12. Mrs. Bivens is enlitled 10 be cOlllpellsuled I(lr the 1lI11ounl of eurninl!s lhul she
hWllost up 10 the time of triul as II result of his injuries, This amount is the difference between what
she probably could have earned bul for the hurro lUld WIY less sum which she uCluully earned in any
employment.
Mrs. B,~ens offered experl leslimony, from hcr voeu,iollul expcrt Richard Sieber
rellurdin~Mrs, Bivc9s' loss of eurnill,lls 1,lplO the dill\! of/riul. Thut umoulIl is $4,229.00
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I IN THB COURT or COMMON PLIAS or
I CUKBIRLAND COU~TY, PBNNSYLVANIA
I j ~6'- \ll.-L/
I No.7 :j'f 1994
I CIVIL ACT ON - LAW
I
I JURY TRIAL DBMANDBD
YVONNB B. AC~BR,
Plaintiff
STACY CUIDlINS,
Detendant
1I0000ICI - COJIlILAIII'1'
YOU HAW BIIlN SUl!lO IN COURT. It you wilh to detend
aqain.t the claiml let torth in the followinq pagel, you mUlt take
action within twenty (20) daYI after thi. Complaint and Notice are
.erved by entering a writtell appearance pereonally or by attorney
and tilinq in writinq with the court your detenlel or objectionl
to the claiml .et torth aqain.t you. You are warned that it you
fail to do 10, the caee may proceed without you, and a judlJlll8nt may
be entered aqainlt you by the court without turther notice tor any
money claimed in the Complaint or for any other claim or reliet
requelted by the Plaintiff. You may 10le money or property or
other riqhtl important to you.
YOU SHOULD TAKB THIS PAPIR TO YOUR LAWYBR AT ONCB. IF
YOU DO NOT HAVE A LAWYIR OR CANNOT AFPORD ONB, GO TO OR TBLBPHONB
THI OPPICS SIT FORTH BBLOW TO FIND OUT WHIR! YOU CAN G!'l' LBGAL
HBI.P.
Cumberland county Referral Service
COURT ADMINISTRATOR
CUMBERLAND CO COURTHOUSE 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE PA 17013 3367
(717) 240 6200
NOTICIA
Ls han demandado a ulted an la corte. 8i ulted guiere
defenderls de eltal dsmandal expue.t.1 en 1.1 paginal liguisntel,
ulted tien. viente (20) dial de plalO al partir d. 1a techa d. J.a
demanda y 1a notificacion. U.ted debe prelentar una aparienc1a
elcrita 0 en perlona 0 por aboqado y archivar en la corte en forma
elcrita 11.11 defanlal 0 11.11 objecione8 alai demandal en contra de
IU pereona. Sea avilado que iii \,Ilted no Ie deUenda, la corte
tomara medida. y puede entrar una orden contra ulted lin previo
avi80 0 notificacion y por cua1quier gueja 0 alivio que .. pedido
YVONNI B. ACI<IR,
Plaintiff
. IN THI COURT or COMKON PLIAS or
. CUKBIRLAND COUNTY, PBNNSYLVANIA
.
. NO. S 1994
. CIVIL ACTION - LAW
.
. JURY TRIAL DBMANDBD
v.
STACY CUMMINS,
Defendant
COMPLAINT
1. The Plaintiff, Yvonne B. Acker, is an adult
individual reliding at 8964 Lemar Road, Greenca.Ue, Franklin
County, Pennsylvania.
2. The Defendant, Stacy Cummin., is an adult individual
who resides at R.D. '2, Box 211, Newport, perry County,
pennsylvania.
BACltGROUHD
3. On February 25, 1993 at approximately 9.10 p.m. the
Plaintiff Yvonne B. Acker was a pa.senger in a 1991 ford Iscort
automobile with a vehicle registration number of 43360682301. The
1991 ford Iscort wa. operated on that date by Carl C. Bivens. The
1991 pord .scort was owned by the Plaintiff Yvonne B. Acker.
4. On that lame date the Defendant Stacy Cumminl wal
operating a 1989 Pord with a vehicle regiltration number of
4180731930.
5. The Plaintiff Yvonne Acker wal travelling louth on
Route 11 . 15 in Silver Spring TOwnlhip, Cumberland County, in a
lafe mann.r .nd within the pOlted Ipe.d limit.
6. Th. 1991 Pard alcort that Yvonne Ack.r wal in wal
in the l.ft lane of Route 11 . 15 South and wa. overtaking and
p.lling the car driven by the Dof.ndant.
7. Without regard to the Plaintiff Yvonne Acker'l
automobile which wal lawfully proc.eding louth on Rout. 11 , 15 in
the pa'ling lane the D.f.ndant Stacy Cumminl drove h.r vehicl. into
the p....ng.r lid. of the Plaintiff Yvonne Aak.r'l automobil..
B. Th. impact of the collilion jammed the Plaintiff'l
door clol.d and Ihe wal unable to .xit the Automobile from the
pal.enger'l door.
9. Th. collilion and all of the hereinafter m.ntioned
injuriel and damagvI ,ultained by the Plaintiff Yvonne Acker are
the direct relult of the carelellne.., reckle..nel. and negligence
..
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..) In f.iling to properly and quickly apply h.r brak..
to pr.v.nt h.r v.hicl. from colliding with the
p....ng.r'. iide of the vehicle in which the
Pl.intiff Yvonne Aaker wa. . p....nger.
10. The force and impact of the collilion a. cau.ad by
the neglig.nce of the Defendant Stacy Cummin. cauled ..riou. injury
to the Plaintiff Yvonne Aaker.
11. The Plaintiff Yvonne Aaker luffered the following
injurie. .. a re.ult of the negligence of the Defendant.
a.) Perliltent and continuoul back pain,
b.) Herniated and protruding dilcs in her back and neck
region, tender mUlcles and back Ipalm.,
c.) Numbness and 10ls of feeling in right arm,
d.) Int.nle .houlder pain right arm,
a. ) Pain radiating from her right buttock down har r1vht
lag, numbn.I' in toes,
6
STACY CUMMINS,
Pefendant
I IN THi COURT OF COMMON PLEAS OJ'
I CUMBE~D COUNTY, PENNSYLVANIA
I ;') ii' (I ,( . tl ( (_
I NO. _I .. 1994
I CIVIL ACTION - LAW
I
I JURY TRIAL OiHANDED
YVONNi B. ACKER,
PlAintiff
v.
NO'l'ICB - COKPUItl'l'
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims sat forth in the following peges, you mU8t take
action within twenty (20) days after this Complaint and Notice are
served by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objection3
to the claims Bet forth again8t you. You are warned that if you
fail to do 80, the ca08 may proceed without you, and a judgment may
bo entered against you by the court without further notice for any
money claimed in the Complaint or for any other claim or relief
reque8ted by the plaintiff. You may 108e money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND ouor WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Referral Service
COURT ADMINISTRATOR
CUMBERI,AND CO COURTHOUSE 4 th FLOOR
1 COURTHOUSE SQUARE
CARLISLE PA 17013 3367
(717) 240 6200
NOTICIA
Le han demandado a ulted an La corte. Si usted guiere
defender8e de eltas demanda8 expue8ta_ en lal paqinal _iquie~tel,
u_ted tiene viente (20) dia8 de plaza al partir de la fecha de La
demanda y La notiticacieln. Ulted debe prelentar una apariencia
elcrita 0 en perlona 0 par abogado y archivar en La corte en forma
e_erita 8U8 de fen_as 0 IUI objecionel alai demandal en contra de
8U perlona. Sea avilado que Ii ulted no Ie defienda, 1a corte
tomara medida8 y puede entrar una orden contra ulted lin previa
avilo 0 notificacion y par cualquier gueja 0 a1ivio gue e8 pedido
...
On that tame date the Defendant Stacy Cummine wa.
1989 Fo~d with a vehicle r8qhtraUon nwnber of
openUnlJ a
4180731930.
~. The Plaintiff Yvonne Acker wa. travellinq .outh on
Route 11 . 15 in Silver Sprinq Townlhip, Cumbe~land county, in a
.afe manner and within the posted speed limit.
6. The 1991 Ford Escort that Yvonne Acker was in wa.
in the left lane of Route 11 & 15 South and was overtaking and
passing the car driven by the Defendant.
7. Without reqard to the Plaintiff Yvonne Acker"
automobile which wa. lawfully proceeding south on Route 11 . l~ in
the palling lane the Defendant Stacy Cumminl drove her vehicle into
the pallenger lide of the Plaintiff Yvonne Acker'e automobile.
8. The impact of the collision jammed the Plaintiff'.
door clo.ed and ehe was unable to exit the automobile from the
pa..enqer'e door.
9. The colli.ion and all of the hereinafter mentioned
injurie. and damagee .uetained by the Plaintiff Yvonne Acker are
the direct re.ult of the careleeene.., reckle.ene.. and neqliqence
..
a 10.. of life" plea.ure. and enjoyment, humiliation and
embarra..ment,
14. Plaintiff Yvonne Acker has and will in the future
lu.tain a 10ls of eArnings and an impairment to her earning
capacity. Her past and future 10ls of earnings may exceed $10,000
al of the date of trial.
15. Plaintiff Yvonne Acker hAS been forced to expend
sums of money for medical services, medication and therapy in the
past And will be required to continue to do so in the future. Upon
information and belief, the cost of Buch Bervices will be in excess
of $10,000 at the time of the time of trial.
16. All of plaintiff Yvonne Acker'B injuries al herein
described are continuing and will continue into the foreleeable
future, a. will the treatment COlts thereof.
17. The neqligence of the Defendant Stacy Cummins has
re.ulted in the general deterioration of Plaintiff Yvonne Acker'S
well-beinq.
WHERBFORE, the PlAintiff Yvonne Acker demands judgment
again.t the Defendant Stacy Cummins in an amount which exceedl the
8
DlrINITIONS AND INSTRUCTIONS
A. Whenever the term "dooument" 11 uI..d herein, it
includ~1 (whether or not Ipeoifioally oalled for) all printed,
typewritten, handwritten, graphio or reoorded matter, however
produoed or reproduoed and however formal or informal.
B. Whenever you are alked to "identify" a dooUJllent,
the following information Ihould be given ae to eaoh dooument of
whioh you are aware, whether or not you have pOllellion, oUltody,
or oontrol thereof.
(1) The nature of the document (e.g., letter,
memorandum, oomputer print-out, minutee, relolution.,
tape reoording, eto.),
(2) Ite d~te (or if it bearl no date, the date
when it wae prepared),
(3) The name, addreee, employer, and pOlition of
the ligner or ligner. (or if there i. no eigner, of the
perlon who prepared it),
(4) The name, addre.8, employer, and pO.ition of
the perBon, if any, to whom the dooument wa. Bent,
(5) If you have pOB.e.Bion, oUBtody, Qr oontrol
of the dooument, the looation, and deBignation of the
place or file in whioh it i. contained, and the name,
addreBe,and pOBition of the perBon having cUltody of
the document,
(6) If you do not have po.....ion, cu.tody, or
control of the docum.nt, the pr...nt location thereof
and the name and addre.. of the organilation havinq
po.....ion, cuetody, or control thereof, and
(7) A brief etatement of the eubject matter of
.uch document.
c. If documentl or other tangible thinge requ.lted ar.
outlide the pOleeeeion, cuetody, or control of Plaintiff but
Plaintiff hae knowledge of the pereon or entity in who.e cUltody,
control, or pOle..eion the document or tangible thing reeidee, h.
i. r.quired to eet forth that information.
D. If you claim that the subject matter of a docum.nt
or oral communication i. privileged, you need not let forth the
brief Itatement of the .ubject matter of the docum.nt or the
lubltance of the oral communication called for above. You ehall,
however, otherwi.e "identify" such document or oral communication
and Ihall etate each ground on which you claim that luch document
or oral communication i. privileged.
Thi. Request for Production .hall be deemed conti"uinq
in nature, in accordance with the provilion of Pa. R.C.P. 4007.4.
The Ipecific requeltl followl
1. All document. in the po..e..ion, cu.tody, or
control ot Plaintiff con.tituting, relating to, ur pertaining tOI
(a) Tho.e documents identified in re.pon.e to
Defendant'. Interrogatorie. addre..ed to Plaintiff -
Fir.t Set,
(b) Tho.e document. which Defendant reque.ted
Plaintiff to identify in Defendant's Interrogatorie.
addre..ed to Plaintiff - Pir.t Set.
(c) Tho.e documents which Plaintiff intend. to
offer in evidence at the trial of thi. action.
2. All written communication. (including within the
term letter., memoranda, telegram., and any other mOI.age.) and
the complete file. of the Plaintiff, hi. agentl, inlurance
adju.tor., or employees in regard to the Plaintiff'. claim. Thi.
reque.t .hall include communication. generated and received by
you, your agent., employee., a..ociate. and in.urance adju.ter..
3. All photograph. in the po..e..ion, cu.tody, or
control of the Plaintiff, coun.el for the Plaintiff, or any other
per.on or entity aoting on behalf of Plaintiff, including any
in.llrer. for Plaintiff .howing, repre.enting or purporting to
.how any of the locale., property, in.trumentalitie.,
automobile., and any and all other matter. related to the .ubject
matter of thi. litigation.
4. All diaqram., .ketche., drawinq., plan.,
....ur...nt., or blu.print. in the po..e..ion, cu.tody, or
control of the Plaintiff, coun.el for the Plaintiff, or any oth.r
p.r.on or .ntity actinq on behalf of Pl.intiff, includinq any
in.ur.r. for Plaintiff,
5. All .tatement., .iqned .t.tement., tran.cript. of
r.corded .tatement. or il\terview., recorded .tatement. if not
tran.crib.d or any .tat.ment of reoorded .tatement. if not
tran.cribed v.rbatim tak.n of any partie., per.on., or witn.....
a. part of an inv..tiqation of the happeninq or cau.e of the
incid.nt in qu..tion, conduct.d by, or in the po.....ion of
Plaintiff, Plaintiff'. attorney, in.urer. or anyone .1.. acting
on behalf of Plaintiff
6. All exp.rt opinion., expert report., expert
.ummari.. or other writinq. of expert. in the po.....ion, cu.tody
or control of Plaintiff or Plaintiff'. attorney. or in.urer.,
which relate to the .ubj.ct matter. of this litiqation and the
incident in qu..tion,
7. All policie. of in.urance which in.ure the
anlwerinq Plaintiff for per.onal injury damage. ari.inq from the
circum.tance. alleqed in Plaintiff'. Complaint.
B. All policie. of in.urance of what.oever type which
in your or your coun.el', opinion may bo applicable to the facta
a.t forth in Plaintiff'. Complaint. Thia requeat apeoifically
ahall inolud. all .xc... and pereonal umbrella policiee.
9. All documenta prepared by Plaintiff or by any
in.ur.ra, r.pr...ntative., agente, or anyone acting on b.half of
Plaintiff, except Plaintiff'. attorney., during an inv.etigation
of any a.pect of the incident in que.tion. Such document. .hall
includ. any documente made or prepared up through the pre.ent
time, with the exclu.ion of mental impree.ion., oonclu.ion., or
opinion. re.pecting the value or merit of a claim or defen.e or
r..p.cting .trategy or tactic..
(NOT!I A. referred to herein, "documente"
includ.. written, printed, typed, recorded or graphio
matt.r,however produced or reproduoed, inoluding
corr..pond.nce, t.l.gram., other written
oommunication., data proceleing Itorage unitl, tape.,
contraot., agreement., notee, memoranda, analy...,
projection., indice'i work papere, etudie., report.,
.urv.y., diarie., ca .ndar., film. photograph.,
diagram., drawing., minutel of meetingl or any other
writing. [including oopie. of the foregoing, regardle..
of whether the party to whom thie reque.t i. addre.sed
is now in the po.....ion, cu.tody, or control of the
original) now in the po.....ion, oustody, or oontrol of
Plaintiff, Plaintiff'. form.r or pre lent ooun.el,
ag.nt., employ.e., offio.rl, in.ur.rl/ or any other
p.rlons acting on Plaintiff'l behalf.)
10. If not otherwise oovered by the above r.qu..tl,
the oomplete claiml/inveltigation/lubrogation/no-fault/firlt
party file(o) of any inlurerl of Plaintiff, dealing with the
incident in queltion, with the exelulion of the m.ntal
impre..ion., conclu.ion. or opinion. re.pecting the value or
merit of a qlaim or defen.e, or re.pecting .trategy or tactic..
11. All document., material., or phy.ical evidence
which Plaintiff intend. to offer a. exhibitl at the trial of thi.
matter, if not already provided in relpon.e to Category l(c).
Thi. Requelt Ihall be deemed to be continuing in
nature, Objection will be made at the time of trial to any
attempt to introduce evidence which il directly lought by thil
Requelt and to which no dilclolure hal been made.
If "au ob'ect to the production of any p"-nta on the
QroUllda that t~ attorney-client. attorney IIOrk-Droduct. or al\Y
other Dr!Ylleqe h applicable thereto. you lhall. with rIIlDIKlt to
~ dDal'--ntl
(a) State itl date,
(b) Identify itl author,
(c) Identify each perl on who prepared or partioipated
in the preparation of the doawnent,
(d) Identify each perlon who received it,
(e) Identify each perlon from whom the document wa.
received,
(f) State the pre.ent location of the document and all
copiel thereof,
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3, (D.C.S.I, No. 10:1) In.urena. -- If you are
cQver,d br any type of inlurance, including any excel I or
umbralla nlurance, that might be applicable to the incident in
this matter, .tate the following info~ation with relpect to each
luch policy,
(a)
(b)
(c)
(d)
(e)
The name of the inlurance carrier which illued the
policy,
The named inlund under each polJ.cy and the policy
number of each policy,
The type(l) and effective date(l) of each policy,
The amount of coverage provided for injury to each
perlon, for each occurrence, and in the aggregate
for each policy, and
lach exclulion, if anr' in the policy which il
applicable to any cla m thereunder and anI
reasonl, if any, why IOU or the carrier c aim the
exclulion is applicab e.
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aU .x~.nl.1
incid.nt.
103) ,~na..--
you have incurr.d
Lilt and d..crlbe
b.cau.. of the
(D.C,S.I. No.
ancl 10.... that
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B. (D.C.B.I. No. 104) r~u.l ba,t! fq~ plat.. a~
daf.IUI.. -_ Btat. w1th p.r:UCU1.dtr t . f.ctu. bad. for: .00
eIiIiii""'Oi def.n.. you or:. ....r:tJ.nQ n th1l c....
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10.
aouonl either
plaint U?
U.
(a)
(b)
(0)
Have you ever been involved in any other
oiv1l or cdminal., al either a defendant
legal
or
I
If .0, .tate.
The date and place .uoh action wa. filed,
giving the name of the oourt, the name of the
other party or partie. involved, the name of
.uch aotion. and the name. of the attorney.
repre.enting eaoh party,
A de.oription of the nature of each .uoh
aotion, and
The re.ult of each .uoh action, whether there
waf an appeal and the re.ult of the appeal
and whether .uoh oa.e wa. reported and the
name, volume, number and page oitation of
each report.
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(5)
Any othar oontaxtl 0 desoription with suffioient
particularity that the thing may theraafter be
speoified and recognized, inoluding relevant date.
and places, and the identification of relevant
paople, entities, and documents.
"Incident" means the occurrence that forms the basia of
a cause of action or clnim for relief set forth in the complaint
or similar pleading.
"Peraon" meana a natural person, partnership,
assoc iation, corporatJ.on or government agency.
~9ard InstructionSI The following instructions ore
applicable to these standard interrogatories.
(1) Duty to answer.
The interrogatories are to be
answered in writing, verified, and served upon the undersigned
within 45 days of their service on you. Objections must be
signed by the attorney making them. In your answers, you must
furnish such information as is available to you, your employees,
representatives, agents, and attorneys. Your answers must be
luppJ"mented and amended as required by the Pennsylvania Rules of
Civil Procedure.
(2) Claim of privilege. -- With respect to any claim
of privilege or immunity from discovery, you must identify the
8. (D.C.S.I. No. 107) ~por~' 9' i~id.nt --
Identify dooument. (exoept report. ot expert. .u jeot to
Pa,R.C,P. No. 4003.5) whioh de.odbe the incident or the cau.e
thereof.
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13. (D.C.S.I. No. 110) n..nn.~,.tiv. evidence -- It
you know of the exiltenoe of any photoqraph., motion pioture.,
video recordinql, mape, diaqrame, or modele relevant to the
incident, .tate,
(a)
(b)
(e)
The nature or type of such item,
The date when euch item wae made,
The identity of the pereon that prepared or made
each iteml and
The subject that each item repreeent8 or portrays.
(d)
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lB. If, in answer to any interrogatory, you have
attached a copy of a report, does the expert have any additional
opinionl or knowledqe or 4ny additional factual matterl not
contained in laid report? If so, statel
(a) The facta and opinion. not contained in the
reportl
(b)
A aummary of the grounds for eaoh luch
opinion.
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23. (D.C.S.I. No. 208) p~.ia.l Qf ..~.~ d~,abili~
It. you were under any phyeJ.clll or mental diubllity ot the
time of the incident, explain the di.obility.
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26. (D.C.a.I. No. 303) JotQr vehicle operation --
With reap.at to the vehiale you operated or n whiah you \/ere a
pa..enqer, atate.
(a)
(b)
(a)
(d)
(e)
The deatination and the point and time of
departure of the vehicle,
The purpoDe of the trip or journey in the vehiele/
The time and place of all atop. and departure.
~etween the commeneement of the trip or journey
and the time of th~ inaident,
Whether the operator of the vehicle waa familiar
with the aurrounding area of the incident I And
The weather conditions at the time of the
incident, including visibility and roadway
conditions.
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Any other context I a delcription with suffioient
particularity that the thing may thereafter be
Ipecified snd recognized, including relevant dates
and places, and the identification of relevant
people, entities, and documents.
"Incident" means the occurrence that forms the bads of
A cause of action or claim for ralief set forth in the complAint
or similar pleading.
"Perllon" meanll a natural parllon, partnerllhip,
aSlloeiation, corporation or government agency.
Standard Instruction81 The following instructione are
Applicable to theee IItandard interrogatories I
(1) Duty to anllwer.
The interrogatoriell are to be
answered in writing, verified, and served upon the undersigned
within 45 days of their eervice on you. Objections must be
signed by the attorney mAking them. In your answers, you muet
furnillh such information all ill available to you, your employee.,
represe~tatives, agents, and attorneye. Your answers mUlt be
supplemented and amended as required by the Pennsylvania Rules of
Civil Procedu:te.
(2) ClAim of privilege. -- With respect to any claim
of privilege or immunity from discovery, you must identify the
1. (D.C.S.I. No. 106) ~ -- If you know of
anyone that hAS given Any .tatement~.--d8finQd by the Rules of
Civil Proc~dure) concerning thil Action or itl subject matter,
lutel
(c)
The identity of such perBOnl
When, where, by whom, and to whom each Itatement
was made, And whether it was reduced to writing or
otherwise reeordedl and
The identity of Any person who hAS custody of any
such stAtement thAt WAS reduced to writing or
otherwise recorded.
(a)
(b)
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video recording., map., diAgrams, or models relevAnt to the
incident, .tatel
(a) The nature or type of such iteml
(b) The dAte when lIuch item WAS made,
(0) The identity of the person that prepAred or made
each item, and
(d) The subject that eAch item represents or portray..
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trial of thi. case, and for each per.Qn identified .tate your
r.lation.hip with the witness and the .ub8tance of the fact. to
which the witne.. is expActed to te.tify.
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(a)
The subject matter about which the expert i.
expected to teltify, and
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the ground. for each opinion. (You may file ..
your An.wer to thi. interroqatory the report of
the expert or have the interrogatory answered by
your expert)
(b)
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all exhibit. that you intend to u.e At the tria ot thie matter
and etate whether they will be used durinq the liAbility or
damaqe. portion of the trial.
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you intend to use any book, magAzine or other luch wr tinq
trial, .tatel '
(a) The name of the writingl
(b) The Author of the wr i tinlll
(e) The publisher of the wdting,
(d) The date of publication of the wr i ting / and
(e) The identity of the custodian of the writlng.
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you con.umed any alcoholic beveraqe, sedative, tranqu lilerl
marijuana, cocaine, halhi.h, or other drug, medicine or pill
aurinq eight hour. immediAtely p~eceding the lncident, .tatel
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The amount of time over which con.umea,
The identity of Any and all per. on. who have any
knowledge AS to the consumption of those item.,
and
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or prescribed Any of sAid item.,
medied
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respect to Any vehicle you owned that WAI involved in the
incident, etatel
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(b)
(0)
(d)
(e)
The nAture of any damage exilting prior to the
incident,
The identity of Any person who performed repair.
to the vehiole following the incidentl
The totAl amount of the repair bill(s), or if not
yet repAired, tha total estimated eost of
repairing the vehicle or the estimated VAlue of
the damAges to the vehicle (include the identity
of the person furnishing Any such eltimate)I
The dAte And place of lAst state inspection prior
to the incident and identify the perlon mAking
said inlpectionl And
The nature of any defect in or problem with the
vehicle And the length of time such defect or
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g~u.a~~ -- State in detail the manner in which you .lIert
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direction and location of each veh ale involved during it.
approaoh to, at the time of, and immediately After the colli.ion.
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6. Sheriff R. Thomas Kline deputized the Sheriff of Perry County who then
attempted service of the Complaint on the Defendant Stacy Cummins.
7. Sheriff George W. Fraunfelter allempted service on the Defendant Stacy
Cummins but she was "not found." A copy of both Sheriff's returns are appended as
Exhibits "A" and "B",
8. On March 8/ 1994/ William A. Adams, Esq. wrote to Plalntlff/s counsel
and advised that he had been asked by Nationwlde, Ms. Cummlns' automobile Insurance
carrier, to represent her. Mr. Adams Indicated he would not proceed until Ms. Cummins
was properly sllrved. Further, Mr. Adams would not agree to accept service of the
Complaint for Ms, Cummins, The address (or service provided by Mr. Adams for Ms.
Cummins was the Newport address,
9, Plalntlff/s counsel then hired a private Investigator who obtained
Information that the Defendant had moved to 1810 Oberlin Road In Middletown, Dauphin
County. However, when the private Investigator allempled to contaclthe Defendant at that
address he learned she had moved to P,O. Box 1101/ 114 West Pearl Street, Rising Sun,
Maryland, 21911. The Investlgator's leller of July 29, 1994 10 Plalntlff/s counsel 15
appended hereto as Appendix "C".
10. On December 6, 1')')4 Plaintiff's couflflel sent a wpy I)f the Complaint
tll the Defendant at the Maryland address Vl.l the U,S. M.11I, certified and rllslrlcted delivery,
11. The postman did not receive .m answer .1t the dl)or of the Maryland
address for personal service, The Defend.lIlt did not respond 10 the notices Ihat were placed
In her post office box on three occasions, I.e. December 6, 1994, December 14, 1994 and
Oecember 23, 1994, Indicating Ihat she had a certified mailing 10 be picked up. The
Complaint was returned to Plaintiff's counsel stamped "unclaimed". A copy of the envelope
Is allached as Exhibit "D".
12, The Defendant Stacy Cummins Is obstructing service of the Complaint
by her actions as described above, Pa.R.c'P, 430(a), (b)(1) and (b)(2) provide that service
may be by alternative means upon Special Order of the Court.
13. Accordingly, Plaintiff's counsel moves Ihls Honorable Court for an
Order permllllng special service of the Complaint In one or more of the follOWing manners
at the discretion of this Honorable Court:
1 . Service by regular mall upon the Defendant at her last known address
of 114 West Pearl Street, P.O. Box 1101, Rising Sun, Maryland,
21911.
"'C. ,';'f....,.., "
STACY CUMMINS,
Defendant
,
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
NO. 734 Civil 1994
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
YVONNE B. ACKER,
Plaintiff
v.
CERT'FICATE OF SERVICE
I hereby certify that I have this ddY served d true and correct copy of the
attached Plaintiff's Motion for Leave of Court to Serve Complaint by first class mail, postage
prepaid, addressed to the following person:
William A. Adams, Esq.
P.O. Box 208
28 South Pitt Street
Carlisle, PA 17013
ADLER & CI.ARAVAL
Diltel \ \ ;) ll!l'~::";
By \)~\\\ll\ \\)\J\\JU'f'^<:.
DENISE I. WILLIAMS, Secretary
For Robert F, Claraval
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SHERIff" S RETURN
COMMONWEALTH OP PENNSYLV^N~A
COUNTY OF CUMBERLAND
VS
In the Court of Common Pleas of
Cumberland County, Pennsylvnaia
NO.734 Civil Term 1994
Complaint in Civil Action Law,
Notice Interrogatories Addressed
to Defendant and Requellt for
Production of Documents
Yvonne B. Acker
Stacy Cummins
R. THOMAS KLINE, Sheriff, who being duly IIworn according to law,
S.:lys, th.:lt he made diligent search and inquiry for the within named
defendant, to wit I
Stacy Cumminll
but wall unable to locate
her
in his bailiwick. He therefore
deputized the sheriff of
Perry
County, Pennsylvania,
to serve the within Complaint in Civil Action Law, Notice, Interrogator
AddreslI to Defendant and Requellt. for Production of Documentll
On
February 28, 1994
, this office was in receipt of
the attached return from Perry
County, Pennsylvania.
Sheriff's CostSI
Docketing
Out of County
Surch.:lrge
County
14.00
~.OO
2.00
14.00
35.0cl Pd. by Atty.
subscribed to befE)'r~m'M
So answe rs I
, .j/;;;;:: ,
-I' '~~M"'//;/~'
. THOMAS KLINE, Sheriff
Perry
Sworn and
this day of
19 , A. D.
Prothonotary
* Defendant moved and left no forwarding address.
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On March 8, 1994 Plaintiff's couns~1 spoke to William A. Adams, Esq.,
counsel for Nationwide, who advised that he had been retained by Nationwide to represent
Ms. Cummins. Mr. Adams Indicated that he would not proceed In his representation until
Ms. Cummins was properly served. Mr. Adams then provided an address for service which
was the Perry County address.
I then obtained a private Investigator who located Ms. Cummins at 1810
Oberlin Street in Middletown. The private Investigator, at my request, attempted to contact
her and was told that she had moved and that her address was now P.O. Box 1101, 114
West Pearl Street, Rising Sun, Maryland, 21911. ^ copy of the private Investigator's
correspondence to me Is attached as Exhibit C to Plaintiff's Motion for Leave of Court to File
Complaint.
On December 6, 1994 I sent the Complaint by certified and restrlr;ted mall to
the Defendant's address In Maryland. The Defendant did not respond to notices that were
placed In h~r post office box on three occasions, being December 8, December 14 and
December 23, 1994.
Pursuant to the Honorable Judge Wesley Oler, Jr.'s Order dated February 15,
1995, I researched the applicable provisions of the Maryland Rules of Civil Procedure.
Pursuanlto those rules I sent the Complaint on March 27, 1995 by certified and restricted
mall to the Defendant', addrc'$ In Maryland. The Defendant refused 10 accept service of
the Complaint on three occasions.
Accordingly, I lIIe on behalf of the Plaintiff our Motion for Leave of Court to
Serve Complaint by Alternate Servlr.e. This Affidavit Is In support of that Motion.
,/k.-I--7/CU
(-'~~RAVAL
Sworn to and subscribed
before me this ~ day
of May, 1995.
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5. Instrucllons were given to the Sheriff of Cumberland County to serve
",
Ms. Cummlna at the Newport address.
6. Sheriff R. Thomas Kline depullzed the Sheriff of Perry County who then
attempted service of the Complaint on the Defendant Stacy Cummins.
7. Sheriff George W, Fraunfelter attempted service on the Defendant Stacy
Cummins but she was "not found," A copy of both Sheriff's returns are appended as
!'
Exhibits "A" and "B".
8. On March 8, 1994, William A. Adams, Esq. wrote to Plaintiff's counsel
and advised that he had been asked by Nallonwlde, Ms. Cummins' automobile Insurance
carrier, to represent her. Mr. Adams Indicated he would not proceed until Ms. Cummins
was properly served. Further, Mr. Adams would not agree to accept service of the
Complaint for Ms, Cummins. The address for service provided by Mr. Adams for Ms.
Cummins was the Newport address.
,
"
9.
Plalnllff's counsel then hired a private Invesllgator who obtained
Information that the Defendant had moved to 1810 Oberlin Road In Middletown, Dauphin
,
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County. However, when the private Investigator attempted to contact the Defendant at that
address he learned she had moved to P.O. Box 1101, 114 West Pearl Street, Rising Sun,
Maryland, 21911. The Inve5t1gator's leller of July 29, 1994 to Plalnllff's counsel 15
appended hereto as Appendix "C".
1 O. On December 6, 1994 Plaintiff's counsel sent a copy of the Complaint
to the Defendant at the Maryland address via the u.s. Mall, certified and restricted delivery.
11. The postman did not receive an answer at the door of the Maryland
address for personal service. The Defendant did not respond to the notices that were placed
In her post office box on three occasions, I.e. December 8, 1994, December 14, 1994 and
December 23, 1994, Indicating that she had a certified mailing to be picked up. The
Complaint was returned to Plaintiff's counsel stamped "unclaimed". A copy of the envelope
15 attached as Exhibit "0".
12. On February 15, 1995 this Honorable Court through Judge Wesley
Oler, Jr. entered an Order advising Plaintiff to attempt service In accordance with Pa.R.C.P.
404(1) or 404(3).
13. Rule 404(3) provides that for service outside of the Commonwealth
service shall be In the manner provided by the law of the jurisdiction in which the service
Is made for service of an action in any of its courts of general jurisdiction.
14. Theappllc.able Maryland Rule of Civil Procedure 15 found at Rule 2.121
which provides that service of procen may be made "by mailing to the person to be served
a copy of the summons, complaint and all other papers filed with It by certified mail,
requesting: "restricted delivery-show to whom, date, address of delivery."
15. Plaintiff followed the Maryland Rule of Civil Procedure by sending a
copy of the complaint by certified mall to Stacy C. Cummins, the defendant, at her proper
address. A photocopy of the envelope for the complaint and the Indication by the post
ofllce that It was refused three times by Ms. Cummins Is allached hereto as Exhibit liE ".
16. Pursuant to the Court's Order of February IS, 1995, Plaintiff now
moves for an Order of Court allowing alternative service. It Is respectfully requested that
because Plaintiff has already spent significant sums on private Investigators and restricted
and certified mall and that service by publication will work further financial a hardship on
the Plaintiff. In light of the fact that Defendant's Insurance carrier has already retained
counsel In this case It 15 respectfully submllled that this Court Issue an Order permllllng
service on counsel William Addams and that he be Instructed to accept service on behalf
of Stacy Cummins.
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YVONNE I). ACKER,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMUERLAND COUNTY, PENNSYLVANIA
NO. 734 Civil 1994
CIVIL ACTION . LAW
v.
STACY CUMMINS.
Defendant
JURY TRIAL DEMANDED
~F:J{T1FICA'fE OF SF:RVICE
I hereby certify that I have Ihis day served Plalntlfl's Answers to Defendant's
InlerroBatorles by Ilrst class mall. postuge prepaid, addressed 10 the following person:
WiIliwn A. Addams, Esq,
Fowler. Addams, Shughart & Rundle
P,O. Box 208
28 South Pitt Street
Carlisle, PA t70 \3
"
,
ADLER & CLARA V At
Date:~
lly~n\w2. ~, \U'illJ:a ~j
DENISE I. WILLIAMS. Secretary
For Robert F. Ctaraval
YVONNE D. ACKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO. 734 Civil 19'14
: CIVIL ACTION. LAW
STACY CUMMINS,
Det'undanl
: JURY TRIAL DEMANDED
ORDER
AND NOW, this
~-Il,
day of Ma~4
, 19~ upon
consideration of the Plaintiffs Motion for Leave of Court to Serve Complaint by Alternate Service,
the relief requtsted by the Plaintiff is granted and Plaintiff is permitted to serve the Complaint upon
the Defendant by one publication in a newspaper of general circulation in Cumberland County,
Pennsylvania, one publication ill the Cumberland County Law Journal ..,one publication in a
.,...1. ...,~u&. ~&I')
newspaper of general circulation in Cedi County, MlIrylan~ PI_iRtlff i. _In jI!rmi M .-~." ,II.
Defendant's insurance adjustor,
DY THE COURT:
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6, Sheriff R, Thomas Kline deputized the Sheriff of Perry County who then
altemptcd service of lhe Complaint on the Defendant Stacy Cummins,
7, Sherill' Gl:llrge W, Fraunt'elter attempted service on the Defendant Stacy
Cummins butshe wlUI"not found, II A copy ot'both Sheriffs returns are appended IUI Exhibits "A"
andIB",
g, On March 8, 1994, William A, Adams, Esq, wrote to Plaintiff's counsel and
advised that he had been asked by Nationwide, Ms, Cummins' automobile insurance carrit:r, to
represent her, Mr, Adams indicated he would not proceed until Ms, Cummins was properly served,
Further, Mr, Adams would not agree to accept service of the Complaint for Ms, Cummins. The
address for service provided by Mr, Adams for Ms, Cummins was the Newport address,
9, Plaintiffs counsel then hired a private investigator who obtained information
that the Defendant had moved to 1810 Oberlin Road in Middletown, Dauphin County, However,
when the private inVtstigalOr attempted to contact the Defendant at that address he learned she had
moved to P,O, Box 1101, 114 West Pearl Street, Rising Sun, Maryland, 21911. The Investigator's
lelter of July 29, 1994 to Plaintiffs counsel is appended hereto as Appendix lit II ,
10, On December 6, 1994 Plaintiffs counsel sent a copy of the Complaint to the
Defendant at the Maryland address via the U.S. Mail, certified and restricted delivery,
11. The postmlUl did not receive IIn answer Iltthe door of the Maryland addre..
for personal service. The Defendllnt did not respond to the notices that were placed in her post
office box on three occlISions, i.e. Dllcember 8, 1994, December 14, 1994 and December 23, 1994.
indicating that she had a certilled mllilin!! to be picked up. The Complllint WIIS returned to Plalntitl's
counsel stamped "undaimed". A copy of the envelope is attached lIS Exhibit "0".
12. On February 15, 1995 this Honorable Court through Judge Wesley aler, Jr.
entered an Order advising Plaintiff to attempt service in accordance with Pa.R.C.P. 404(1) or
404(3 ).
13. Rule 404(3) provides that for service outside of the Commonwealth service
shall be in the manner provided by the law of the Jurisdiction in which the service is made for
selvice of an action in any of its courts of general Jurisdiction.
14. The appHcabl" Maryland Rule of Civil Procedure is found at Rule 2-121
which provides that service of process may be made "by mailing to the person to be served a copy
of the summons, complaint and all other papers med with it by certified mail. requesting; "restricted
d"Uvery-show to whom, date, address of deHvery."
15. Plaintiff followed the Maryland Rule of Civil Procedure by sending a copy
of the complaint by certified mail to Stacy C. Cummins, the defendant, at her proper address, A
YVONNE B, ACKER,
Plaintiff
: IN THE COlJRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 734 Civil 1994
, CIVIL ACTION - LAW
STACY CUMMINS,
DefendlUlt
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that I have this day served alrue and correct copy of the attached
Plaintitl's Motion for Leave of Court to Serve Complaint by Alternate Service by first clan mail,
postage prepaid, addressed to the following person:
William A, Adams, Esq.
P.O. Box 208
28 South Pitt Street
Carlisle, PA 17013
ADLER & CLARA V AL
Date: 3J:L\ql/
By Don \~J.Q ~. \ 1 \~~~t.n\,()
DENISE I. WILLIAMs, Secretary
For Robert F, ClllJ'Bval
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YVONNE B, ACKER,
Plaintiff
: IN THE COURT OF COMMON Pl.EAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 734 Civil 1994
: CIVIL ACTION . LAW
ST ACY CUMMINS,
Defendant
: JURY TRIAL DEMANDED
PLAINTIFF'S COUNSEL'S AFFIDAVIT
PURSUANT TO Pa.R.C.P. 430
I am Robert F. Clllraval and am counsel for the Plaintiff Yvonne B, Acker. The
purpose of this Affidavit is to verify that we undertook 111\ investigation 10 determine an addrel8at
which the Defendant could be served. The following are the results of that investigation.
The police report indicated that the Defendant resided at R,D, 112, Box 211, Newport,
Pennsylvania, 17071. Because the accident occurred in Cumberland County the Complaint WII8
flied there and the Sheriff of Cumberland County deputized the Sheriff of Perry County, The Perry
County Sheriff reported that Ms, Cummins WII8 no longer Btthe Newport IIddress, Both Sheritl's
service returns are attached to Plllintltl's Motion for Leave to File ComplBintll5 Exhibits A and B.
t
I'
On MJIJ"ch 8, 1994 Plllintill'~ counsel spoke to William A, Adams, Esq" counsel for
Nationwide, who advised that he hlld been retained by Nationwide to represent Ms, Cummins, Mr.
Adams indicated that he would not proceed in his representation until Ms. Cummins WIIS properly
served, Mr. AdlUllS then provided an address for service which WIIS thll Perry County address,
I then obtained a privllte investigator who located Ms. Cummins at 1810 Oberlin
Street in Middletown, The privllte Investigator, lit my request, attempted to contact her and was told
that she had moved IUld that her address WIIS now P.O. Box 1101, 114 West PellJ'l Street, Rising Sun,
Maryland, 21911, A copy of the private investigator's correspondence to me Is attached lIS Exhibit
C to Plaintltl's Motion for Leave of Court to File Complaint.
On December 6, 1994 I Gent the Complaint by certified and restricted mall to thl!
Defendant's address in Maryland. The Defendant did not respond to notices that were placed in her
post offiCII box on three occlISions, being December 8, December 14 and December 23, 1994.
Pursuant to the Honorable Judge Wesley Oler, Jr.'s Order dated February 15, 1995,
I resellJ'ched the applicable provisions of the Maryland Rules of Civil Procedure, Pursuant to those
rules I sent the Complaint on March 27, 1995 by certified and restricted mall to the Defllndant's
addres& In Maryland, The Defendant refused to accept service of thll Complaint on three occasions,
"
,
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Accordinllly, 11lIe on behalf of tho Plaintiff our Motion for Leave of Court to Serve
Complaint by Alternate Service, Thi~ Affidavit Is in support of Ihat Motion.
:;J a rHi: G-fjJ JA J
~O~~aAVAL
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Sworn to and subscribed
, d rh
before me this .!::L- day
of March, 1996,
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Notary Public
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$'\,19111
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The Honorable J. Wesley Oler, Jr,
March 4, 1996
Page .2-
by the law of the jurisdiction In which service Is made. Ms. Cummins rcfused to pick up that
restricted mall delivery. So, J r~lurned to the Court and filed a Motion dated May 4, 1995
explaining the above Ilnd requesting thlltthc Court grant me leave to serve Mr. Adams because
of the significant sums of money which had Illrelldy becn spent on private investigators and the
various attempts at restricted mail delivery.
Your Honor issued an Order dllted May 19, 1995 denying my request to serve the
complaint by alternate service upon Mr. Adams,
We are now at a loss lIS to how to effect service of the complaint in this clISe. Accordingly,
I have prepared yetllnotber motion summarizing what has transpired to date and requesting that
service be made by publication pursullntto Pa.R.C.P. 430 "service pursuant to special Order of
Court publication." Pursuant to Cumberland County Local Rule 1066-3, publication shall occur
In a newspaper of general circulation and In the Cumberland County Law Journal. I have
enclosed my motion and proposed order. The motion also requests that service be effected on the
Insurance carrier and the adjustor handling the file. This alternative would be much cheaper for
my client than advertising.
I have filed a copy of th~ motion with the Prothonotary and I have sent a copy of the
molion to Mr. Adams. 1 also cite for the Court's review Romeo v. Looks, 535 A.2d. 1101 where
the Sllp~rlor Court permitted servlcc upon the defendant's Insurance carrier and adjustor in a clISe
similar to Ms. Acker's. Romeo v. Looks is particularly interesting because It involves a similar
fact situation and Involves the Cumberland Coullly Courtthrollgh Judge Hoffer, in which his
decision to permit substituted scrvice in the manner in which I suggested was upheld by the
Superior Court.
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.?X:tJ ROBER "~CL~
RFC:diw
Enclosure (Motion, Opinion)
cc: Williams A. Adams, Esq.
Yvonne Acker
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YVONNE B, ACKER,
Plaintill'
I
IN THE COURT OF COMMON PL.EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 734 Civil 1994
: CIVIL ACTION - LAW
ST ACY CUMMINS,
pel' end ant
: JURY TRIAL DEMANDED
ORDER
AND NOW, thi~ ____ dllY of ___
. 1995, upon
consideration of the Plalntitl's Motion lor Leave of Court to Serve Complaint by Alternate Servicll,
the relief requested by the Plaintiff' is grunted and Pllllntiff is permitted to serve the Complaint upon
the Defendant by one publication in II newspaper of !!eneral circulation in Cumberland County,
Pennsylvania, one publication in the Cumberland County I.aw Journal and one publication in a
newspaper of general circulation In Cecil County, Maryland. Pllllntlff is IIlso permitted to serve the
Defendant's insurance adjustor,
BY THE COURT:
'I
J, W,.I,y 01,1', Jr., Jildl'
,I
6, Sherifl' R. TholllllS Kline depud~ed the Sheriff 1)1' Perry County who then
attempted service of the Complaint on the Defendllnt Stacy Cummins,
7. Sheriff George W, Fraunfelter attempted service on the Defendant Stacy
Cummins butahe WIIS "not found," A copy of both Sherifl's returns are appended as Exhibits" A"
and "B",
8, On March 8. 1994, William A. Adams, Esq. wrote to Plaintifl's counsel and
advised that he had been asked by Nationwide, Ms. Cummins' automobile insurance carrier, to
represent her. Mr, Adams indicated he would not proceed until Ms. Cummins was properly served.
Further, Mr. Adams would not agree to accept service of the Complaint for Ms. Cummins, The
address for service provided by Mr, Adams for Ms. Cummins was the Newport address.
9, Plaintill's counsel then hired a private investi!!ator who obtained Information
that the Defendant had moved to 1810 Oberlin Road in Middletown, Dauphin County. However,
when the private investigator attempted to contact the Defendant at that address he learned she had
moved to P.O. Box 1101, 114 West Pearl Street. Rising Sun. Maryland, 21911. The investigator's
letter of July 29, 1994 to Plalntill's counsel is appended hereto as Appendix "C".
I 0, On December 6, 1994 Plaintill's counsel sent II copy of the Complaint to the
Defendant at the Maryland address via the U.S. Mall, certified and restricted delivery,
J I. The postman did not receive an answer at the dl)or of the Maryland Ilddress
for personal service. The Defendant did not respond to the notices that were placed in her post
office box on three occlISions, i.e, December 8, 1994. December 14, 1994 Ilnd December 23, 1994,
indicating that she had a certllied /Ilalling to be picked up. The Complaint was returned to Plaintitl's
counsel stamped "unclaimed". A copy of the envelope is attached as Exhibit "0",
12, On February 15, 1995 this Honorable Courtthroul!h Judge Wesley Oler, Jr,
entered an Order advising Pllllntltl'to attempt service in accordance with Pa.R,C.P. 404(1) or
404(3),
13. Rule 404(3) provides that for service outside of the Comlllonwealth service
shall be in the manner provided by the law of the jurisdiction in which the service Is made for
service of an action in any of its courts of I!eneral jurisdiction,
14, The applicllble Marylllnd Rule of Civil Procedure is found at Rule 2-121
which provides that service of process llIay be made "by mailing 10 the person to be served a copy
of the summons, complaint and all other papersl1led with it by certilled mall, requesting: "restricted
delivery-show to whom, date, address of delivery."
15, Plaintiff f(lllowed the Maryland Rule of Civil Procedure by sending a copy
of the complaint by certified mall 10 Slacy (', Cummins, the defendant. at her proper address, A
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SHERIf'f"S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY or CUMBERLAND
VS
In the Court of Common P14l1
Cumberland County, Penneylv
NO.7J4 Civil Term 1994
Complaint in Civil ACtion Llw
Notice Interrogatoriel Addre.
to Defendant and Reque.t tor
Production ot Document.
Yvonne B. Ack.r
s~acy CummiM
R. THOMAS KLINE, Sh.riff, who being duly swo;n according to 1
slYs/ that he made diligent search and inquiry
defendant / to wit I
Stacy Cummins
but was unable to locate
her
in his bailiwick. He theretore
deputized the sheriff of
Perry
County, Pennsylvania
to serve the within Complaint in Civil Action Law, Notice, Interrog
Address to Defendant and Request for Production of Oocument~
On
February 28 I 1994
_/ this office was in receipt
____ County, Pennsylv.ni..
the attached return fr~m Perry
Sheriff's Cos ts I
Docketing
Out of County
Surch.rge
County
14 .00
~.OO
2.00
l4.00
3~.00 Pd. by Atty.
subscribed to bef4"r48nil4
So answers I
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~. THOMAS KLINE, Sherift
Perry
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Sworn and
this d.y of
19 , A. D.
Prothonot.ry
* Defendant moved and l.ft no forwarding .ddr....
NVESTIGATIONS, INC.
S.rvlclnl III 01 P.nnlyl
P.O. Box 129 · Mllrysville, Pennsylvania 170'3 · (717) 9".3900 . 1.800..74'-
July 29, 1994 FAX N (717) 957
-0.
;"dler &. Claraval
;"ttorneys at ~aw
P.O. Box 11933
125 Locust Street
Harrisburg, PA 17106-1933
;"ttn. t Attorney Robert Claraval
CASE NO:
FI~E NO:
SUBJECT t
SA-010-9ol
unavailable
Stacy C. Cummins
(
Dear Attorney Claraval,
In regard to the above-named Subject, an investigation was
conducted to locate Ms. Cummins. The 1810 Oberlin Road,
Middletown, Pennsylvania 17057 address was checked and the
current owner ot the property advised that the Subject had rented
the residence brietly, but had moved recently, It was revealed
that the Subject had lett a torwarding address and telephone
number tor herselt and her husband: P.O. Box 1101, 114 W. Pearl
Street, Rising Sun, Maryland 21911, (410) 658-3662.
It we can be ot any turther service, please teel tree to contact
our oHice.
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YVONNE B. ACKER,
PlaintllT
: IN nm COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, '134 Civil 1'11)4
: CIVIL ACTION - LAW
STACY CUMMINS,
Defendant
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
PlellSe reinstate the Complaint in the above action.
Respectfully submitted,
Date: i;J..) I~ " () G
,':} I
ADLER & CLARA V AI.
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B~ ' , ~ , I (:~r,:- (;, i (/ir:01A'
ROBERT F. CLA AVAL, ESQUI
125 Locust Street
P.O. Box 11933
Harrisburg. PA 17108.1933
(717) 233-4780
Supreme Court ION 19222
Attorneys for Plaintiffs
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C()MMONWI-;AI,'l'll 01" I'j.{NNAr
C()UN'l'Y OF I>AUI'IIIN r
~lImlllJ"Fts R1':'1'lJRN
NC). 734 civil 1994
PAm: 353
AND NOWI March 26,
III 96 ,Ill 2c07 P ~1.
1SI-:RVlm'l'III';
1l1'ON
II
Wl1'lIIN '""'..n.. Reins,tat,ed Comp,laint & Notice.
Linda Swanger - Nationwide Insurance Canpany
II \' Pl.:JtISON ALL Y
IIANIlINO '1'0
service) .
Vanessa Diffenderfer ( legal secretary and person in charge at time of
A TlHlE A'I''I'EH'I'l':D COpy 01' TilE OllllllNAI, Reinstated Complaint & Notice
AND MAKINO I{NOWN TO
Harrisburg, Pa
them
TilE CONTENTS 'l'lIEIU:OF AT tooo Nationwide Dr.
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SHERIFF OF DAUPHIN COUNTY, PENNA
BY lJ~ f~
DEPUTY HIIUlIFF
Hworn lJnd flupscl'lbnd to
before me this
28th" tjilY of
I . \
Marchi,) 96
.:
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v.
I IN THE COURT OF COMMON PLEAS 0'
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 734 CIVIL 1994
I
I
I
YVONNI 8. ACICER,
PlaJ.ntUf
STACY CUMMINS,
Defendant
ANSWER
AND NOW, oome. the defendant, stacy Cummins, by her
attorney., Fowler, Addams, Shughart' Rundle, and make. the
following answer to the plaintiff's complaintl
1. Admitted.
3. It i. admitted that the defendant resided in Perry
county, Pennsylvania at the time of the acoident, but she now
re.ide. in Maryland.
3. After reaeonable investigation, the detendant i. without
knowledge .uttioient tu form a belief as to the truth ot the
averment.. The 8ame are therefore denied.
4. Admitted.
~. Denied in accordance with Pa, R.C.P. 1029(e).
6-9. The answer to Paragraph 5 is incorporated Ilerein by
reterenoe.
10. After reasonable investigation, the defendant is without
knowledge .utficient to form a belief as to the truth ot the
averments regarding the plaintHf's injuries and damages. The
eame are therefore denied.
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YVONNI B. ACKIlR, I IN THIl COURT or COMMON PLIA8 or
Plaintiff I CUMBIlRLAND COUNTY, PBNNSYLVANIA
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v. I CIVIL ACTION - LAW
, I
, STACY CUMMINS, I
) Defendant I NO. 94-734 CIVIL TBRM
AND NOW, thh ''1"tt.day of November, 1996, upon eondderaUon
of Plaintiff'. Motion to Compel, a Rule i. hereby ISSUBD upon the
Defendant to .how eau.e why the relief requested .hould not be
granted.
RULB RBTURNABLIl within 20 day. of .erviee.
BY THIl COURT,
J
Robert F. Claraval, E.q.
125 Loau.t street
P.O. Box 11933
Harri.burq, PA 17108-1933
Attorney for Plaintiff
William A. Addams, E.q.
P.O. Box 208
28 South Pitt Street
Carli.le, PA 17013
Attorney for Defendant
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YVONNE D. ACKER,
Plllintiff
: IN '!lIE COURT OF COMMON PLEAS OF
: CUMBERI.AND COUNTY, PENNSYl.V ANIA
; NO. 734 Civil 1994
: CIVIL ACTION. LAW
v.
STACY CUMMINS,
Defendant
: JURY TRIAL DEMANDED
ORDER
AND NOW, this
dllyof
__, 1996, upon consideration of
Plaintifrs Motion to Compel, the Defendant Cummins Is hereby ORDERED to answer Plaintifr.
Interrogatories and respond to Plaintiff's Request for Production of Document. within
days of the date of this Order,
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BY THE COURT:
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JUDGE
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PRAilCIP!l rolLb1BTI~5L~~~!t...Jg!U'H~~I.
(r-t.Jat be typewritten IInd BUDnittod In dUlll kate)
ro 'llli: f'lUl'IIOlOl'ARY Of' ClMlIf:R!A/'[l axJm'Y
I'leaae Hilt the fOllowing caae.
(Check ono) f()r JURY trial ilt the next tom of civil court.
X) for trial wittput a jury.
---------.--------------.------------------
CJUlTION or CASE
(ontire caption llJJat be atated in full)
(chock one)
( X) Civil I\ction - Law
Appeal from Arbitration
YVONNE n. ACKER,
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(other)
(Plaintiff) .
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vs.
STACY CUMMINS,
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.- (Defendant)
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The trial list will be called on 4/21/97
and
Trials commence on May 19, 1997
Pretrials will be held on 4/30/97
(Briefs are duo 5 days before pretrials.)
(The party listing this case tor trial shall
provide forthwith a copy of the praecipe to
all counBel, purauant to local Rule 214.1.)
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No. 734 _ Civil
19 1994
Indicate the attorney who will try cIIse for the pllrty who files this praecipe.
William A. Addams for the Defendant
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Indicate trial counsel for. other pnrt,ieB it kno....n'
Robert r. claraval tor the Plaintiff
This C,1S0 Is ready for trial.
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Signed.
C),1t<'. r'ebruary 27, 1997
Print Narm. ____It.U..!.iam-A! Addams
Mtomey fon __~ef-=nd.:nt
I,
YVONNe B. ACKe~,
Plaintiff
IN THe COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLNANIA
NO, 734 CIVIL 1994
v,
STACY CUMMINS,
Defendant
JURY TRIAL DEMANDED
AND NOW,
9RDER OF COURT
this 2 ,,(f, day of March', 1997, it
appearing that
this case was incorrectly listed for a non-jury trial, the Order
of March 17, 1997 is rescinded and the pretrial conference set
for May 1, 1997, is canceled.
By the Court,
J, ..lOle4:,k -
Distributionl
Robert F, Claraval, Esqui re _ C~d'-"" ,.."..L.,.. 3 /:J.l" /q?-
William A, Addams, Esquire ,A~l.
cumberland County Court Administrator -/..<<4)/~~u;'-.cI .f.,.l",t7 ~
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