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' , , conductl bUllnen with Cumberland County and the Commonwealth ofPeMsylvanla by means of pick up and delivery of freight from its customers In addition to the use of the highway system, '. , i' 4, On February 12, 1994, at II :00 a,m" the plaintilf, Patricia Hollender, was operating her automobile on Interstate 81 and exited from said route on the Cameron Street exit. 5, I \J On the Cameron Street exit, the traffic In front of the plaintiff, Patricia Hollender, came to a complete stop, The plaintiff, Patricia Hollender, was able to stop her automobile, 6, Without waming, a tractor and trailer driven by defendant, Kenneth R, Johnson, Jr" and owned by defendant, Watkins Motor Lines, Inc, collided with the rear of the plaintift's automobile which had completely stopped on the exit ramp, "/, The impact of the collision was sudden and caused the plaintiff, Patricia A, Hollender, Injuries to her neck and back in addition to numerous bruises, The injury to the plaintiffs neck and back is a permanent injury, 8, At the time of the accident, the plaintiff. Patricia A, Hollender, was engaged in the course of her business as a sales representative of the BonTon Department Stores, 2 ,/ 13, In addition, defendant Watkins Motor Lines, Inc" was liable for caualnsthe ac~ldenl.ln , that It tilled to take the following aCllons: a, Failed to properly train defendant Johnson; b, Failed 10 properly maintain the brakes of the vehicle operated by defendant Johnson; and c, Failed 10 properly inspect the brakes of the vehlcle driven by Defendant Johnson, 14, The nesligent actions by the defendants are the proximate cause of the Injuries of the plaintiff; Patricia A. Hollender, IS, The plalruiff; Patricia A, Hollender, seeks compensation for the pain and sufferlns Sustajned since the date of the accident. 16, The plaintiff; Patricia A, Hollender, seeks compensation for the medical expenses and lost wases she has incurred as a result of the accident. 17, The, plaintiff; Patricia A, Hollender, seeks compensation for the permanent Injury she has , ' , Sustained to her neck and back. 4 .. PATRICIA A. HOLLENDER. HENRY HOLLENDER, her hUlband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plalntllfl VI. CIVIL ACTION. LAW KENNETH R. JOHNSON, JR. and WATKINS MOTOR LINES, INC. Defendantl l)e. ii". - / J'I (' I, . .,'/ ''''')' JURY TRIAL DEMANDED PRAF;CIPE FOR A WRIT OF SUMMONS TO LAWRENCE E, WELKER, Prothonotary Please enter my appearance on behalf of the plaintlff.~ and file a Writ of Summons upon the defendants, Kenneth R, Johnson. Jr, and Watkins Motor Lines, Inc, Please have the Sheriff serve the defendants as follows: 1. Kenneth R. Johnson, Jr, 1206 Long Lane Mountjoy, PA 17552 (Lancaster County) 2, Watkins Motor Lines, Inc, 2030 North Union Street Middletown, PA 17057 (Dauphin County) Respectfully submitted, IRWIN, Me NIGHT & HUGHES By: Datel February 9, 1996 SHERIFF'S OFFICE flU NOmH nUKI SrHn' IANCA'i1l1l I'INN":iYl VANIA 1 riJl)~). ifll) ;,JUt) n~'t)l) \ IN5THUCTlONtS FOR SEAVtCE- 0" PAOCUEo on In_ IIVI'" 01 thtt ,..I lNo, !!I) WIJV 1)1 Itlll lorm, Itlll..1I IVI~ or prltll lUU1I)IV 00 no! detIC~ ttnV ljoplDI. ~ (~()lj'I-lf.Ni.IMIW.H SHERIFF SERVICE PROCESS RECEIPT, Bnd AFFIDAVIT OF RETURN -'.PLAINTIFF/HI Patricia ^. and Henry Hollender 96-734 civil Term tYPE Of WAil on COMrt.AINI" fiumm,ofl!i ..,----x H ~ B 3 DEFENDANTISr Kenneth 1206 Long Lilne, Mount .loy, P^ 175';2 7 INtHCATl: UNUSUAL SlHVIU COMMON OF PA X IJHllJll/~ OTHEH Cumherland Now. Yet.>. 14. 1 ~ % 19 . I, SHERIFF OF Q\<1fDS~COUNTY, PA, do' hereby dep'ullzeihe Sh~rllloi ,- LancastQ1' . ,County 10 O~OClllo IhiseW".,Il"",JIl.il'e return there~:;g ~~ ~~;C':~"::T~~~~:~:ne ~~~T~::~:F~RI::T:~~"~:~T"~~t:~a~:~~~ ~~:I;~',I~'NG aJR~I:'E"~~"'~(~'~~" !.~~~.-- .Johnson. .Jr. et. al. I) NAMf: UI INUlVllll)AL COMPANY U1HPOllAIION I. TC 10 III :iHWHl Kenneth R. .Johnson, ,Jr. I) AutlHUi':i 1~__ilf'!l!I ')I HI.n ApllrlltllJlU'NIJ Clly BOlli) Iwp hl111u Ilrlll III' ('1)"11) !1l R. Sf { - W 0'\ ~ - .-.--------.--..-.- NOTE ONLY APPLICABLE. ON WRIT OF EXECUTION: N.B, WAIVEFl OF WATCHMAN' AllY dl!plJty Iillnnllll1vYII'!J upOtll)f Iltlnchh'Q !IllY properly ur1dltr 'hllhln will mllY 1011'0'0 bllllll! wI1I1OlJt II wUtcll!l1II1\, III <;Ill;l'lily nl whl)tlll)'o't'r II; !'lund 111 prltibfllililllJ1, IIIhH rwl11Y1nU porlloo 01 h:ny or ultlll;hrnenl, WIII'oul thlblllty QIl Iho parl 01 6Ul;h Ilt!puly or Ihllli111JIIU II) ally plllil1l1lllllJl,~111 tl)! ;lilY h)!l!> dllb!!lH:Illl'\ III HJO\IJ\lllllllllllY (iwh pl'1Pi:JIly tllllllrl! 6tlll1lU'H Mila lt1tJraol -9:~iii(INAfU"E 01 ATtORNEV '" ""H'I ORIOINATOR \ '" TEI~EPH'')N[ 'NUMnEfi ~ r iDATE ,.SEND No1~~~I\~~e>E ~cIl>v~'mtP;'Ng~A~g~"':ef~w~~,~.'rn~.. mll" bo com'l'o~~~I-n:~c:~' to bo m,;lIo~1 2-9-96 MARCUS A MCKNIGHT, Ill, ESQ.; 60 W POMFRET ST" CARLISLE, PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY':'- Dei NOTVJillTE BELOVJTHISUNE } JUONyM.\EMO;IIR^R"'I'''SJII/I'2''9L5CSD3'6''0'1i9"IY "I C!''ll< - - \ l,t- [j;211,_.;-_n'~11":5';-I\I_"9"f\"u, '."-'\-';'5 E.plrllllt)n,~tlJj\rltlu'(illt;J 13 'ncknowllJlj[llj w'.l!Ipl ,)! lI'r; will m complflll1t ;l!llndl,:.'Il'd illJ()~I~ 3 -1.1 - 96 16 I IlUmby CERTIFV <I'uJ RETURN 11,,\1 I X !lil'JI' l_n".,I,llillly ',1'1,,"<1 11;1'.'" I"ljill "';ldl'I1'1 ,iI ',I'IVIII! ;}" ~)llljl'in 'nl\f!IlHHk~; 11(\\11: lJlU!':\Jt'J(1 lIa !',I1IlWI1 111 'nerl1lllltt;" IIle '11'111 f)f O;1l1plllllll 'h!~.udK'd 0)11 ""_, 111111.,11111011 ':'JIl1IJdIlY <'Hp,!',IlIOlIl 'JI, <It lb" illtdll':'~} ~\Il'il'il\ ;111<1\'1' <1I <)11 1111) u1d1VII/IJIII, ,lHllp,lny, ':01 pOlnllon. lll( al ttlll addrl!hli '(ll)l!rll!,j twll)W I)y 11111111111<) ,I TRUE And ATTESTED COpy lherool, 17 I hUfIluy (rJlldy and lel11!" ,1 NOT FOUND 1-J1;<:dOJI>I.' I dill lil1ill)I.! t<; I[)(,l\l! 11m illo!lVI<!ihll (1)l11pllny ,:orplll;Jll1l11. 1)10: nWllnd al)J)\ltl (SUI! Illrlllllktll)iJlow) -18- Nlltno nnd l11ie 01 n1dlVldIJnl JtH\icr/ (,t nql :;111)'1;11 aIJ,jW) Ifkllllll)llI,tllf) (,) [h!tondnnli \.'" A I"""" ,,' ",,1,,1,1" "T' ."", ".""'''''''''' . :~::::\I :~r'i::;:;~j~ III ll1u ,n!an<Jnnll> UhUll1 20'-A~Jtfro~:i--oTwlio!O fier\l.)li (,:1l1l1pl;11!> r;l1ly II dl!fl'Plnl -lillll ',110l\lj1) iI11!)\I") ISlllll'llll" -nr-rl Apartll1f'l1t NO, C.lly n;lIli. r.....p Stulo llmJ lll) COltU) i'1 Daln 1)1 Bmvl<:r. 2:? Tlll1f> ,j../la/9~ ~,'35' rib EDST ii-ATTEMPTS T~Dli..\ Milor .rDOP' t. '0'10 \ MII.'ID_'P' let.] i:'-Ad";;;" COG" 1ll1~(.j,L ~~~ ."',,,, C""'OI \ 26 NOlrtry Cp.11 R!l431_~__~IQ~(),cOg~._ ___" . 30.50 30 REMARKS 01"" J ~Milo'JDoP.'nt.I, ';.7 MlloilljP.lP06111golN It _~,~-:tl/'id Dole LMII"ropin, 10"0 - Mli.. I Cop,n' ~, ]28 Tolol Cf)I1I11 120 COST OUI o!!- RlflllNn ~ :)'I.qtfl ,,),C(' C~\ Ii r~' Z/;.J!?~") ~~') STA 34 dllY r)! ~:;,;J.; ",{I~.' ~NSy!'E~ - b. r1 J.-{.K...r .. .. ~ ,)-- ....ll'~" .tJ.TQ,~= '" o"i I. iii ~~ /;?,~ 9~- -~.,-_.-._,---~_..--'~-- ...--.,.. 31 AFFIRMED IInd 5uh6cnMd If) lmtoro mil 11111; 37 MV COMMISSION EXrlnFS 3~'-i'A'(;KN()WlED(jt 'r~FCfIPI or fHE S.HE~IFF'S RETURN SIGNATURE} __?F A\Jt'HOFH/E.D ISStJIN~i A\J1HUllln ANn r1f1.l. i:1Ii .i.1.ltht nU(IlI~I";i- LCBD 1 ",,{ Af"I""Io!'! I'J!d I, , , " " " " .,' " ",I I , . ri)', , , 0" .:t ,~ ' " ~ ,SI IlcE ~ ":g " . '/, , . 0 ,In ~~, , ... , LLJ ,tt! 0: .~ '!' " .' :,' '-I' ;"", " , , I", , " ',I' -,...",~"-",,, " '1' 'I, \' I' , I " I;" 1'1, iI , , , , . ,I !, , !i " " ,II , , ;j . 'I 1\ , ,I " , " , " . , , " , " ! ! , " ! , , J Id " !, II ;1 'J '! " ! \ ~ ; '-' ':"1 1'1 ,. I, ;, I I', 'I " J 'I) Ii !'i'l , I, \'1,1 .1_" il , , l; " I " ,', ';" II , I " If ,i} , , , ,) " if Iii " 1'1 " ~I I if' ;\,1 ,; , , I -, ;.1 " , , i'l , , " , " , ';1 " I " ;' \ , , , 'I'I! i! " , , , , I' l ,) _ . I . Y &fj.J~t,..4~~~> ~.' i/' i,j 13. Denied in accordance with Pa. R.C.p. 1029(e). Denied in accordance with Pa. R. C. P., 1,029 (e) The answer to Paragraph 7 is incorporated herein b~ 14. 15"18. reference. WHBREFORB, the Defendants request the complaint be dismissed. ADDAMS & RUNDLE By~ ~~~ Supreme Court I.D. No. 06265 28 South Pitt Street P.O. Box 208 Carlisle,PA 17013 (717) 249-8300 Attorneys for Defendants " , I " ;1, ., I !" , I , , , I " :' , , i oJ " 'I " ';'t ,,' , ',' , I " " I' 1111 I, , , , " " , " , , I 'I "I " , , L,\ " , I " " 'i' "1', ", , I rUin.;,: c: i Ji'i:' " ';,'(i'( 9l~rFn ?,u +,/ ;11 II, CIJM: ,,' ',j, "I !'" :IJNIY f'/',NI""'I'l""I\ I; IJ, ~y \.,' j IIII I I ", " d , " " " " , 'I' I ,,; , :i , Irl' , , , ill , , I , 1 1,1 " , , , Ii' :' , " , !' ,'I " II, , , ill 'Ji\ " " ., , I 'I , III I ,'I II ,I 1 " " -I, I " , " " 'Ii 'I 1 , 'Ii " , , " ," " I I, " , I , , '" 'I " III ", ) 'I ., i-' I , " '. 1'1 , I ",J <\ II, ','1 ,,"j",i Ii " " " ,I , " I, " , " , "II : , , " '"I " 'I!; " , ,I , , , , , ,'I " , " , " I I J ,II " , , " " ,,' , I 'it " I, ii, " 1"'1 ,iI " " Iii ,-I II II j, " , !I, 1,1 I I 'ri , I,' ,I " , J 'I 'i I I, " :, i'l ,'1 01_1 li"I);', , , \1., II' I I , " " " " , " 'I' J, 1 " " , " , " " i'I " , , " (,. , , :Ii , I , , i) ~ I ; ) I' iJ!j " !) tq, I, '" , i', 'I' " ,) I, , \ ' , 'j'llil " " \'/ , " OJ " 1 , , 'IIi , " , I " ',I" I , " I !! i,1 'I , , " '1'/' II' if' ",' " I ,.J , , " , , ',H :1 I , " " -td,' , , 'I, 'Ill;' " 'I " , " i, ," " " I i_I , , I', , , " , I , , ," I ) , ' I " 'Iii , , " " ,) ,I J,1t , I, " , , " ,oj I, " I, , , " I' 1,/' " " , , , "II ,I 'I ,', ) ,/ PATRICIA A. HOLLENDER and HENRY HOLLENDER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBER~O COUNTY, PENNSYLVANIA v. NO. 96-734 CIVIL TERM KENNETH R. JOHNSON, JR. and WATKINS MOTOR LINES, INC., Defendants ~ERTIFICATE PREREOU~~ITE TO SERVICE OF A SUBPOENA pU~p\l1W.'I. TO RULE 40Q9. 22- As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants Kenneth R. Johnson, Jr. and watkins Motor Lines, Inc. certify that~ (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is 90ught to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Datel July 27, 1998 ADDAMS &. RUNDLE VNVi\1},'3~IN~d . A1NnO~~ (1r<'n~n\mn:) ~/ ~".# , """' ,/.. .".- By ~ . W . m A. A ams supreme court I.D. No. 06265 28 South pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Defendants OG 1llllV LG lnrO& ,l,I:lV10NOri,L"',< k :i,'Il. dO 3:)8.!()-{ illl:.l ,I', 'lI Li,' Ii' I' ',I, " (':'1 /"1 [ 'I I~ JJ " ,'I;'.L'.'] ,.';-. I "r'~ " Ii" " ,("j " ' '."', "-'I I,!' , i , , II ' r,- ~ '-;1 I"':} , IJ1r , , , ',Ij,; I ,,- I , , II , , , I , ;1 , ! I, I , 1 i I, )'1 I, .j II , , " , , , , , I @li ~~ ~ ~ I ...~. ,bl e , , .~ gj e: h , u ~ . . , ~ I r ~~ ' ' .. , I ~ j!~Q , i ~~~ i!:! i...l ~l!l !~h I ~a ;If~ :~~ N' ,~ ~! , " ~ '. Ih~ , ~" , ~~Ii~ ,,;; I , ~; ~ \J'" Sl~~ i~i ~f , i 51 g ~ I!l ~ m ~ , '~ ~ , , I , ' , ',1;' ./ , , l' " , , ! \ , ,I Ii " '\ i'" , , ie' , ' ,I, " " L " " " Il, ";! I-I ,,' , , , , ,,' ,"~'I 'I ,-I iI 'Ii ./ 'I ~ 1 ,,' " , ., , ' \' ". . ',' " . . ..~ .. 4. The Request for Mmission number lour (4) Is denied. The pluintift~ Patricia A. Hollender, Is not precluded from maintaining on action lor her non.economic losses. Her Injuries , were serious os required by law. By: Mllreu A. Me Esquire 60 Wesl Pomlret Carlisle, Pennsylvania 17013 Counsel for Plaintiffs Patricia A. Hollender and Henry Hollender Date: November 12, 1998 , "" I, ,I , , ,I , I, , I I " " "i " , , , , , , , , , I , if , " , " I it , " 1;1 , ,! , I " Ij r' II , , , I', , , "I I , I ," " , 3 I" " , ; HARRISBURG ORTHOPAEDlC ASSOCIATES, P.C. Harrisburg, PA PATRICIA HOLLENDER .1. 942724 7 Dogwood Ct. Camp Hill, PA 17011 SS# 144.48-0371 10-4-94 OFFICE EXAMINATION (Dr. Rychok) RE: C.Spine Patricia is a young lady of 40 who was rear-ended. She was parked in a car and was eVidently hit by 0 semi from the rear sustaining a fair amount of damage to the hack of her car. In the process she was thrown backwards then forward but she was seat belted at the time and she did not have anyone else in the car with her. There was no loss consciousness but she began noticing pain at the base of her neck and also in the interscapular area. She subsequently was seen at the Holy Spirit Hospital Emergency Room and had an evaluation then carried out also by her family physician. She was treated conservatively. She had a physical therapy program and in fact underwent a PT program for her neck and upper back pain for a couple of months. The PT was carried out at Holy Spirit Hospita.. She also had an evaluation about two months later by Dr. Richard Patterson ~nd some of those records are available for my review. She had x-rays taken through Family Medicine Center February 14. 1994. the x-rays were brought along for'my review and I feel they are within normal limits for her age. There is very 1 ittle in the way of subjective or objective-findings of note. She had flexion extensions and they look quite good. Clinically I feel that a lot of her problem has been related to a soft tissue cervical strain. I do not see any evidence to suggest neurologic impairment. Most of her pain has been at the base of the neck. h0wever even at this point in time she has been out of therapy for three months, she continues to have some cervical discomfort. She relates that the pain is at the base of the neck and toward the interscapular area. there has not been much in the way of upper radicular involvement. but she does have some subtle signs and symptoms suggestive of carpal tunnel. In fact, by clinical examination today when I did a Phalen's test. I reproduce a substantial degree of base of the neck and interscapular pain. She has a positive Tinel's, I could not demonstrate significant pinprick changes. Although she was in exhaustive physical therapy and felt that the cervical traction program that shc had in the therapy was effective, she was never given a home cervical traction program. She has a 50ft cervical pillow but this docs not work as well as a standard pillow, I, ~ ' I (Continued) -, HARRISBURG ORTHOPAEDIC ASSOCIATES, P. C., Harrisburg, PA HOLLENDER, PATRICIA A ACCOUNT# 41230 CHART# 942724 2-15-96 WILLOW MILL OFFICE EXAMINATION (Rychakl John 5'. MD) Patricia is a young lady I have not seen for about a year and a half. When she was seen a year and a half ago, she was in because of cervical strain. She had pain as noted on my notes both in the paraspinal neck area and she had some pain in the interscapular area. She was doing better until a couple of months ago when she began experiencing again a re-aggravation of her same symptoms. She has had pain at the base of her ner:k and in the paraspinal areas and she also noted pain in the interscapul<lr borders associated with some numbness. The numbness appears to be right along the area of her rhomboid major and minor. In addition, she has the neck symptoms once again primarily on the left side. She had not gone back to using any of the previous treatment, i. e., the cervical traction, neck program, etc. Based on today's evaluation, I feel that several things are warranted. First, I will recommend that she go back to her cervical traction. Secondly, I am going to see that she has been given some anti-inflammatory samples to be utilized as needed. First, however, on a trial basis. I want her to do exercises and mechanics for the neck and also exercise program for her scapula. I have shown her a pulley exercise program that should work very nicely. Clinically if this gives her the kind of improvement that I feel it should, then she can manage this on her own. If for any reason her symptoms are not adequately managed, then I want to see her back for follow-up. (Transcribed 2-19-96/da) 2-29-96 pt called and cx appt, date/AS will reschedule at a later 3-7-96 WILLOW MILL OFFICE EXAMINATION (Rychak, John S. MD) Pat has tried the various conservative modalities that we recommended including the cervical traction which she felt caused her an exacerbation of pain, various medicines, three different anti-inflammatories also were ineffective. At the current time, she has been on some exercises. I am going to have her wrap her neck. Because she continues to have the same element of pain at the neck, neck base and in her interscapular area. I am going to recommend a C-spine MRI. HARRISBURG ORTHOPAEDIC ASSOCIATES, P.C., Harrisburg, PA HOLLENDER, PATRICIA A ACCTj 41230 CHARTj 942724 Page Two 3-7-96 WILLOW MILL OFFICE EXAMINATION (Rychak, CONTINUED John 6. MD) The other factor that she has been having that seems to be occurring is some pain that seems to radiate through the left shoulder and down into her left upper extremity. Because of that pain, I am concerned about her having some element of radicular involvement. She does not have hard signs of neurologic impairment, but we do need to take a look at her closely. I will have her undergo an MRI, have a trial of several weeks of physical therapy and then I will see her back for follow-up about a week or 90 after the PT has stopped. (Transcribed 3-l2-96/da) 3-l2-96 fax sent Dr. Gallahger/da 3/28/96 TELEPHONE CONVERSATION (Frank Horner, PA-C) Patricia called today stating she was very dissatisfied with the treatment and/or lack of that she states that she had gotten at Joyner SportsMedicine. She was greatly concerned with the care there and actually cancelled her appointment. She called to basically reschedule, to go another therapist. We have written her a note today and that she can go to either Holy Spirit Hasp. one consideration; or McCuen, whatever is most convenient for her. She has been recommended to check with her worker's compensation carrier to make sure they will cover the therapy there. In the interim, she will set up her outpatient PT and follow-up with Dr. Rychak as scheduled on 4/11/96. (Dictated by Frank Horner, PAC - transcribed 3/29/96 rah) 6/6/96 WILLOW MILL (Rychak, John S. MD) Patricia and I had is long discussion regarding'. her clinical situations and the effects of the therapy at Joyners which she felt was purely poor. Clinically with the more recent therapy that she has had, she feels much better and at this point in time, I have recommended that we have her undergo no treatment. She is to get back to see rne on an as needed basis here at any time. What I would recommend that she give this several months that she has continued sustained improvement in her clinical findings. (Transcribed 6/7/96/da) VERIFICATION The foregoing Answers to Requests tor Admissions is based upon Infonnation which has been galhered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, Infonnatlon and belief, I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904. relating to unswom falsitication to authorities. ..- -~ ~ a ~b--e- PATRICIA A. HOLLENDER Datel un_n 17 r 1 QQA 'I , , " I , , , I :, " " , , , I , " , I , , , " " " " , , , , ;1 I , " " ., , , 'I' 1"1 , " , " It,' , I' , , , ,I " , , '\ 1 ,,' ,I , , , , r i ., " " , , , I' I, I , , " . PATRICIA A. HOLLENDER and HENRY HOLLENDER, Plaintiffa v. I IN THE COURT 'OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I .1 I NO. 96-734 CIVIL TERM I r I r KENNETH R. JOHNSON, JR. and WATKINS MOTOR LINES, INC., Defendants MOTION FOR PARTIAL SUMMARY JUDGEMENT AND NOW, come the Defendants, Kenneth R. Johnson, Jr. and Watkins Motor Lines, Inc., by their attorneys, Addams & Rundle, and in accordance with Pa. R.C.P. 1035.1, et seq., move Your Honorable Court for partial summary judgment, and in support thereof assign the following reasonsr 1. The pleadings in the above matter are closed. 2. The deposition of Plaintiff patricia A. Hollender has been taken. 3. The Defendants served a request for admissions, which is attached as Exhibit "A." The Plaintiffs' answer to the request is attached as Exhibit "8." 4. The pleadings, deposition and answer to the request indicate that Plaintiff Patricia A. Hollender was injured in an automobile accident and that the limited tort option applies. 5. The deposition of Plaintiff Patricia A. Hollender and the medical records incorporated in her answer to the request for admissions indicate that she did not sustain a "serious injury" as defined in the Pennsylvania Motor Vehicle Responsibility Law, 75 Pa. C.S.A. 51702. " , I I Ii I , , I , I ;' " " " " I " Ii , , ! " , ; I, , I " , , " , , I il; I , , , I , , " 'If! 'I , I; , 'Iii " 1,1 ,~ \ I I ;! , , I " " I jj '! i! I, j' , " , , , I' , , 1'1 , , ; I, , , , , , , , .1 I " , , II ''I ., i'l " " , , "I" , , , , " " Ii , ': " q " i'l ;1 \/;' I, }, 'Ii, , 'I, ., I , ,ii I , , " ;l' 1,1" "I; , , I,i " " '\ , I " , , I , " , 1'/ '/ " , I , " I , I "I ;,Ii " ,,, " " " I I! ,! " , I"~ "1", 1'1 " ii' , q II I,' I 'i ii, "i I' " " ,Ii 1'1 " " I , " I !/ eXHIBtT A I ,. I, 'I, I 1'1 I" _dWti.,m''''c<J.\,u..l\IIU.-' . 1,,;0,"," I~,"~~M,,~ _, j- i " F '" "I' 'r " " " "~"""Vll ;""" 1*'" " f' I, I j j," "... ;.I., .. I t ,~' . I ; ~ I ,1\ ~ t" :\/ . ,/ '1:: " \ ' I JILj -"",E -'I ;'/),1 , '(0 I, ,'! 'N'l' >I H I ,I ,r.'i'::; 1;, , /,(!/o I, II'!' 1'1' " , , " " .,' d , , 'I i, , " It " , ,I , , : , , , , , , , , , I , , , I , , " , , , " , , , , ,I , , '. " , I , I , , ~-~:\';MliiJ\iii';~J~4l.',' " 1\ " E'~h,i~l' . ,.t , , , " )'1 I: ", Ii , q " ,,/ 'I " H d , , "Il'l' " , ii' , , \1 , ;'1 ii' jl I' , 'I; '\' I_i! , , " , " , iI, , ,/ ,-I I'; , , I , , " ) , " -Ii . " I" , r1' " , t,'; 11',1 i, q , II iI " , I , I ;1 I " " Ii, , , " ,)! ,I , q , , , i, i , , '/ , , H ;II Ii " Ii, I, I " "~' ....,'~. ......'., ,I , I , i;I Ii ," Ii jl, ;-1 , !" ~' I i I F" III ; ,I 'I ;1 ;1 " " l,i, :, , I' iil " 'I " )'", " , , 1" n-l ..." !J II ,I ,"-/ " ~, . ,. ,t 1'\- I I I " , She hu IImitalions In mOllon of her bock and IImllalfons wilh regard 10 Ihe amounl of weight which she Is able 10 left. These Ilmitollons hove IUled from the dale oflhe accidcnllo Ihe presenl. Witnesses who wlllleslit)': I. Henry Hollender 2, Patricia Hollender 3. Melissa Hollender 4. William Eckenrode of Phillips Office Supply S. Neil Kerslelter of Phillips Office Supply Expert Witness: I. John J. Rychak, M,O. 2800 Green Street Horrlsburg, P A 17110 (See altached records os Exhibit A) ~ 3, The Request for Admission number three (3) is beyond the knowledg\l oflhe plaintiff.' 1'he defendant trucking company, Watkins Motor Lines, Inc., is a corporation which is incorporated outside the Commonwealth of Pennsylvania. The Request for Admissions is therefore denied and prooflhereofis demanded. t I I! i' I f I: , " " ' L I t , " ,) , , , 1,\ I) ,I I " I " I 2 , IIARRISBURG ORTHOPAEDIC ASSOCIATES. P.C. Harrisburg. PA PATRICIA HOLLENDER - 1- 942724 7 Dogwood Ct. Camp lilli, PA 17011 S5" 144-48-0371 10-4-94 OFFICE EXAMINATION (Dr. Rychak) REi C-Splne Patrlcla Is 0 young lady of 40 who was roar-ended. She was parked In a cor and was eVidently hit by a semi from the rear sustaining a foil' amount of damage to the back of her car. In the process she was thrown backwards then forward but she was seat belted at the time'and she did not have anyone else in the car with her. There was no loss consc lousness but she began noticing pain at the base of her neck and also in the interscapular area. She SUbsequently was seen at tho Holy Spirit Hospital Emergency Room and had an evaluation then carried out also by her famlly physician. She was treated conservatively. She had 0 physical therapy program and in fact underwent 0 PT program for her neck and upper back pain for n couple of months. The PT was carried O~t at lIoly Spirit 1I0spital. She also had an evaluation about two months later by Dr. Richard Patterson and some of those records arc available for my review. She had x-rays taken through Family Medicine Center February,14. 1994. the x-rays were brought along for my review and I feel'they are within normal limits for her age. There is very little in the way of subjective or objective-findings of note. She had flexion extensions and they look quite good. Clinically I feel that a lot of her problem has been related .to a soft tissue cervical strain. I do not see any evidence to suggest neurologic impairment. Most of her pain has been at the base of the neck. however even at this point in time she has been out of therapy for threE months, she continues to have some cervical discomfort. She relates that the pain is at the base of the neck and toward the interscapular area. there has not been much in the way of upper radicular involvement, but she docs have some subtle signs and symptoms suggestive of carpal tunnel. In fac,t. by clinical examination today when I did a Phalen's test, I reproduce a substantial degree of base of the neck and interscapular pain. She has a positive Tinel's. I could not demonstrate significant pinprick changes. Although she was in exhaustive phYSical therapy and felt that the cervical traction program that she had in the therapy was effective. she was never given a home cervical traction program. She has a soft cervical plllow but this does not work as well as a standard pillow. (Contlnued) -'I HARRISBURG ORTHOPAEDIC ASSOCIATES1 P.c. , Harr isburg, PA HOLLENDER, PATRICIA A ACCOUNT" 41230 CHART' 942724 2-15-96 WILLOW MILL OFFICE EXAMINATION (Rychak, John S. MD) Patricia is a young Iddy I have not seen for aboue a year and a half. When she was seen a year and a half ago, she was in because of cervical strain. She had pain as noted on my notes both in the paraspinal neck area and she had some pain in the interscapular area. She was doing better until a couple of months ago when she began experiencing again a re-aggravation of her same symptoms. She has had pain at the base of her neck and in the paraspinal areas and she also noted pain in the interscapular borders associated with some numbness. 'rhe numbness appears to be right along the area of her rhomboid major and minor. In addition, she has the neck symptoms once again primarily on the left side. She had not gone back to using any of the previous treatment, i. e., the cervic.:!l traction, neck program, etc. Based on today's evaluation, I feel that several' things are warranted. First, I will recommend that she go back to her cervical traction. Secondly, I am going to see that she has been given some anti-inflammatory samples to be utilized as needed. First, however, on a trial basis. I want her to do exercises and mechanics for the neck and also exercise program for her scapula. I have shown her a pull ey exercise program that should work very nicely. Clinically if this gives her the kind of improvement that I feel it should, then she can manage this on her own. If for any reason her symptoms are not adequately managed, then I want to see her back for follow-up. (Transcribed 2-19-96/da) 2-29-96 pt called and cx appt, date/AS will reschedule at a later 3-7-96 WILLOW MILL OFFICE EXAMINATION (Rychak, John S. MD) Pat has tried the various conservative modalities that we recommended inClUding the cervical traction which she felt caused her an exacerbation of pain, various medicines, three different anti-inflammatories also were ineffective. At the current time, she has been on some exercises. I am going to have her wrap her neck. Because she continues to have the same element of pain at the neck, neck base and in her interscapu Lar area, I am go.ing to recommend a C-spine MRI. HARRISBURG ORTHOPAEDIC ASSOC IAT,ES, P. C., Harrisburg 1 PA HOLLENDER/PATRICIA A ACCTII 41230 CP.ARTII 942724 Page Two 3-7-96 WILLOW MILL OFFICE EXAMINATION (Rychak, CONTINUED John S. MD) The other factor that she has been having that seems to be occurring is some pain that seems to radiate through the left shoulder and down into her laft upper extremity. Because of that pain, I am concernad about her having some element of radicular involvement. She doas not have hard signs of neurologic impairment, but we do need to take a look at her closely. I will have her undergo an MRI, have a trial of several weeks of physical therapy and then I will see her back for follow-up about a week or so nfter the PT has stopped. (Transcribed 3-12-96/da) 3-12-96 fax sent Dr. Gallahger/da . 3/28/96 TELEPHONE CONVERSATION (Frank Horner, PA-C) Patricia called today stating she was very dissatisfied with the treatment and/or lack of that she states that she had gotten at Joyner sportsMedicine. She was greatly concerned with the care there and actually cancelled her appointment. She called to basically reschedule, to go another therapist. We have written her a note today and that she can go to either Holy spirit Hosp. one consideration; or McCuen, whatever is most convenient for her. She has been recommended to check with her worker's compensation carrier to make sure they will cover the therapy there. In the interim, she will set up her outpatient PT and follow-up with Dr. Rychak as scheduled on 4/11/96. (Dictated by Frank Horner, PAC - transcribed 3/29/96 rah) 6/6/96 WILLOW MILL (Rychak, John S. MD) Patricia and I had a long discussion regarding' her clinical situations and the effects of the therapy at Joyners which she felt was purely poor. Clinically with the more recent therapy that she has had, she feels much better and at this point in time, I have recommended that we have her undergo no treatment. She is to get back to see me on an as needed basis here at any time. What I would recommend that she give this several months that she has continued sustained improvement in her clinical findings. (Transcribed 6/7/96/da) "..-.. .,--- ...., . , VERIFICATION -- The foregoing Answers to Requests lilr Admissiolls is bosed UpOIl infonnotlon which has been gathered by my counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, Infonnatlon and belief, I understond thot Iillse statements herein mode are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn Iillsilicationto authorities. ~~~/~ PATRICIA A, HO LENDER . Datel NnVDIB\!R 12. lQQ8 , , .. , , '" " I',' " , " I ,,' !q , , I' ;', ., , "d :'.1 I'i , ," ,'I " ,1' ! ." " , , I, , , ,'.) I , i' " II' , , " " ) ,;1 , , Ii " 'I' I, 1'1, 'I \1' , I ., I' ,; , , , , , , :''' q, , ., " '<i '" " ! , " " " l'. HI " ., , " , ' ", "