HomeMy WebLinkAbout92-0785 CivilJEFERY BARLUP and
SCOTT BARLUP,
Administrators of the Estate
of Russel C. Barlup,
Deceased,
Plaintiffs
Vo
WILLIAM W. YOUNG, M.D.,
JAMES M. RINTOUL, M.D.,
DR. B. BERMAN and
HOLY SPIRIT HOSPITAL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 92-0785 CIVIL TERM
JEFFERY BARLUP and
SCOTT BARLUP,
Administrators of the Estate
ofRussel C. Barlup, Deceased,
Plaintiffs
Vo
HEALTHAMERICA
PENNSYLVANIA, INC.,
T/D/B/A HEALTHAMERICA
OF CENTRAL
PENNSYLVANIA and
HEALTHAMERICA
CORPORATION OF
PENNSYLVANIA T/D/B/A
HEALTHAMERICA OF
CENTRAL PENNSYLVANIA,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 92-2608 CIVIL TERM
IN RE: MOTION FOR SUMMARY JUDGMENT
OF DEFENDANT HEALTHAMERICA
BEFORE HOFFER. P.J.. OLER and GUIDO. JJ
ORDER OF COURT
AND NOW, this 2nd day of July, 1998, upon consideration of the Motion for
Summary Judgment Filed on Behalf of Defendant HealthAmefica, and for the reasons stated
in the accompanying opinion, the motion is GRANTED as to Count II of Plaintiffs'
complaint (breach of contract) at No. 2608 Civil 1992, and otherwise is DENIED.
THE MOTION to strike filed by the defense in response to Plaintiffs' recent filing to
supplement the record is denied as moot.
Anthony Stefanon, Esq.
407 North Front Street
Harrisburg, PA 17101
Attorney for Plaintiffs
Leslie M. Fields, Esq.
821 Market Street
P.O. Box 222
Lemoyne, PA 17043
Steven Snyder, Esq.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
BY THE COURT,
Leigh Ellis, Esq.
126 East Ki.ng Street
Lancaster, PA 17602
Neil E. Wenner, Esq.
Sovereign Building
609 Hamilton Mall
Allentown, PA 18101-2111
Dylan P. Dayton, Esq.
315 North Front Street
Harrisburg, PA 17101
Attorney for Defendant
HealthAmerica
:rc
JEFERY BARLUP and
SCOTT BARLUP,
Administrators of the Estate
of Russel C. Barlup,
Deceased,
Plaintiffs
Vo
WILLIAM W. YOUNG, M.D.,
JAMES M. RINTOUL, M.D.,
DR. B. BERMAN and
HOLY SPIRIT HOSPITAL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 92-0785 CIVIL TERM
JEFFERY BARLUP and
SCOTT BARLUP,
Administrators of the Estate
of Russel C. Barlup, Dec, eased,
Plaintiffs
Vo
HEALTHAMERICA
PENNSYLVANIA, INC.,
T/D/B/A HEALTHAMERICA
OF CENTRAL
PENNSYLVANIA and
HEALTHAMERICA
CORPORATION OF
PENNSYLVANIA T/D/B/A
HEALTHAMERICA OF
CENTRAL PENNSYLVANIA,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 92-2608 CIVIL TERM
IN RE: MOTION FOR SUMMARY JUDGMENT
OF DEFENDANT HEALTHAMERICA
BEFORE HOFFER. P.J.. OLER and GUIDO, JJ.
OPINION and ORDER OF COURT
Oler, J., July 2, 1998.
For disposition in the above-captioned action at No. 2608 Civil 1992 is a Motion for
Summary Judgment Filed on Behalf of Defendant HealthAmefica. This case, which has been
consolidated for trial with a related medical malpractice action at No. 0785 Civil 1992,
involves an action by an insured against a health maintenance organization; the complaint
contains a count for breach of contract and a count based upon a theory of apparent agency.
On April 23, 1998, the case was listed for trial during the term commencing July 6,
1998. On May 27, 1998, the motion for summary judgment at issue was filed. It was argued
on June 24, 1998.
At the argument, Plaintiffs' representative agreed that Count II of the complaint - the
claim for breach of contract - should be dismissed. Following the argument, on June 26, ~.
1998, Plaintiffs' counsel filed various documents to supplement the record for purposes of
a ruling upon the balance of the defense motion for summary judgment. On July 1, 1998, a
response challenging this attempt to supplement the record was filed; a motion to strike was
included therein.
Under Pennsylvania Rule of Civil Procedure 1035.2, a motion for summary judgment
may be denied where, by reason of its timing, its disposition would "unreasonably delay
trial." Based upon the concession of Plaintiffs' representative at oral argument, and upon
Rule 1035.2, the following order will be entered:
ORDER OF COURT
AND NOW, this 2nd day of July, 1998, upon consideration of the Motion for
Summary Judgment Filed on Behalf of Defendant HealthAmerica~ and for the reasons stated
in the accompanying opinion, the motion is GRANTED as to. Count II of Plaintiffs'
complaint (breach of contract) at No. 2608 Civil 1992, and otherwise is DENIED.
THE MOTION to strike filed by the defense in response to Plaintiffs' recent filing to
supplement the record is denied as moot.
...
BY THE COURT,
J. Wesley Oler, 0~., - J. ///' ' ~
Anthony Stefanon, Esq.
407 North From Street
Harrisburg, PA 17101
Attorney for Plaimiffs
Leslie M. Fields, Esq.
821 Market Street
P.O. Box 222
Lemoyne, PA 17043
Steven Snyder, Esq.
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110
Leigh Ellis, Esq.
126 East King Street
Lancaster, PA 17602
Neil E. Wenner, Esq.
Sovereign Building
609 Hamilton Mall
Allentown, PA 18101-2111
Dylan P. Dayton, Esq.
315 North Front Street
Harrisburg, PA 17101
Attorney for Defendant
HealthAmerica
:rc