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Home My WebLink About96-05991 ?f ...::r ..:: Ie .. ~ ~ 0.. 0: - tL M lI' I- ~ (.., ''- (;J 0 lO en , '1 ':>J ... ~ ~ ~ ,', \.' 'l.. ,:g!i \ '..i'l .1::--: \'J ;;'i~ "l ~ (,lib ~~ 'v) tll~ -' ::i (J ;- ,- ~ ~ ~ ~ ~ ~'\\. , o:\) :h. ~ \;~ I Commonwealth of Pennsylvania County of Cumberland Nonra G. Stone No. COUrl or Conunoll Pi.... 96-5991 Civil Term 19_.__ va. ------------------------------------- T1=thy Joe Lentz 138 S. York St. Dillsburg, PA 17019 In ___ -__c;,j.y_U_~t9n.__::_t.s\."t_________________ 1"0 __~~~y__~~_~Qt~_____________________._ You are hereby notified that ._____~g~_g~__~t91l~____________________.__________________.._________________________________ the Plaintirr ha S commenced an action in ._uCildJ....AM-inn =--..LaJ.L---u-_____n__u_u__u___n_ against you which you are required to delend or a derault judgment may be entered against you. (SEAL) Lawrence E. Welker, Prothonotary ._-----------------p~~~~~~~----------------_.- /)ate ____CX;~er_;tl._____________ 19_~6_ ,1 V '--" / (#1 By ---'t:::/:JLl!/J..uf::.__~::....k~r!.--L~- .' ______ j I>eputy J , , , I ... I M <Xl ~ o :!1 '" .s I g~~M .-i ~l N 0 Ul 0 0 .jJ ,... ~.~:::;:20 ~ ~ o.-i J , f 8 lilg: II .~ j 5 j)llg:d~ u .j.J ~ ~ - 0"" Ul 'M ~ -H I ,< .-i :~ [ ~I ~ [~~ '" 0 , , '" Cl J , lfl 1'~ ~ "dl s-- , I ! Ul,!!j I '" 'M . l.-i ,... '" . ~~ .~ ~::l~~r:! I E->.-i0 U ....0 - I ~ , r. '\ l:lH~:RU'I-" S R~;TURN - OUT OF COUNTY CAS~ NOI 1~~5-05991 P COnnONWEALTH 01-' PENNSYLVANIA 1 COUNTY O~' CUll BERLAND ST9NJL~_!.lBIlA 0 VS. 1,~:N_l;.'L_T 1l!.QTIIY . JOE _ R.._Ih9.ffi.IIJ.!_lSli,n!iL__....____._.___, Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within namc>d defendant, to wit 1 LENTZ TtllOTIIY JO~: but was unabla to locate d~puttzed the shertff of to serve the within WRIT Him in his bailiwick. County, He thereforlP PlPnnsylvania. _____'fPRJ{ OF SUIlIlONS On .1!_oVliPJ!lbeL h.ft~nL_V3~~ ______.. ._.. J this officlP was in rlPceipt of the attachlPd return from YORK County, PlPnnsylvania. ShlPriff's CoStSI Docketing Out of County surcharBe YORK CO NTY So answersl .-?/' - / 18.00 9.00 2.00 33.64 eb2.b4 DAVID W.KNAUER 11/19/199Ei ;' ./ ./ R. ,'Th~~.~~r'-:~~n~,' ~eri:t:t Sworn and subacriblPd to beforlP me this..J:J-.J. day of ~ 19__~,t,._ A.D. . \ - _\..I~~f.w.. nO. ~t~ u~ -=-=, pr'o'tllono ary , , I . NORMA G. STONE, IN THE COURT OF COMMON PLEAS plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . VB. . NO. 96-5991 . TIMOTHY JOE LENTZ, CIVIL ACTION - LAW Defendant . JURY TRIAL DEMANDED . BIITJlY 01' APPBARANCB TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant Timothy Joe Lentz in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ByULD ~/=-. "'~ p- cr~r1 R. ;;ld;b~a~d, Esqufre \ I. D. #30102 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: January 9, 1997 .I. .. ~ CBRTI.ICATB O. SBRVICB I, Karl R. Hildabrand, Esquire of the law firm Metzger, Wickersham, KnausS , Erb, hereby certifY that I served a true and exact copy of Bntry of App.aranoe with reference to the foregoing action by First Class Mail, postage prepaid, this 9th day of January 1997, on the following: David W. Knauer, Esquire 411-A East Main street Mechanicsburg, PA 17055 (717) 795-7790 Attorney for plaintiff METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~~~~j~4-- ~~ P !tM'-}-R, Hildabrand, E;q;:;1~e , . NORMA G. STONE, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. : NO. 96-5991 . . TIMOTHY JOE LENTZ, : CIVIL ACTION - LAW Defendant JURY TRIAL D&~NDED PRAECIPE POR RULE TO PILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter a Rule upon Plaintiff Norma G. Stone, pursuant to Pa.R.C.P. 1037 to file a Complaint within twenty (20) days after service of the Rule or suffer the entry of a judgment of non pros. METZGER, WICKERSHAM, KNAUSS & ERe. P.C. ~;;;~~((,2~><,~~ -p Karl R. Hildabrand, Esquire 1.0. #30102 Attorneys for Defendant 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: January 9, 1997 RULE TO PILE A COMPLAINT TO: Norma G. Stone, Plaintiff c/o David W. Knauer, Esquire 411-A E. Main Street Mechanicsburg, PA 17055 You are hereby directed to file a comPlaint in the above entitled matter within twenty (20) .days of 1r.v ce or non pros will be entered against you. " ( -_'~'LL 'it-ft.., pro~ . ..).?~tarY " '~ !I , ~ ^ . /(1 (,;f) I J Dated: " ".. ., . . CBRTI.ICATE O. SERVICE I, Karl R. Hildabrand, Esquire of the law firm Metzger, Wicker.ha., Knau.. , Erb, hereby certify that I served a true and exact cCPY of Praecip~ For RUle to File Complaint with reference to the foreqoing action by First Class Mail, postage prepaid, this 9th day of January 1997, on the fOllowing: David W. Knauer, Esquire 411-A E. Main street Mechanicsburg, PA 17055 (717) 795-7790 Attcrney for Plaintiff METZGER, WICKERSHAM, KNAUSS & ERB, P.C. c/~-'"'/ ~~R~'H~~;:d~~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMA G. STONE Plaintiff CIVIL ACTION -LAW v. No. 96.5991 TIMOTHY JOE LENTZ Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff Norma G. Stone Is an adult individual with an address of 24 West Siddonsburg Road, Dillsburg, Pennsylvania. 2. The Defendant Timothy Joe Lentz Is an adult individual with an address of 138 South York Street, Dlllsburg, Pennsylvania. 3. At all times relevant herein, the Plaintiff was owner and operator of a certain 1988 Ford Thunderbird. 4. At all times relevant herein, the Defendant was the owner and operator of a certain 1989 Chevrolet Camaro. 5. On November 20, 1 !l94, at or. about 3:23 p.m., the Plaintiff was lawfully proceeding In a southerly direction on North York Street in the Borough of Mechanicsburg, pennsylvan la. 6. On the aforesaid date and at the aforesaid time, the Defendant was proceeding in a southerly direction following the Plaintiff's aforesaid vehicle. 7. On the aforesaid date, time and location, the Plaintiff stopped behind the vehicle she was following because the vehicle In front of her had stopped for a red light. , 8. On the aforesaid date, time and location, the Defendant failed to bring his vehicle to a stop and rammed into the Plaintiff's vehicle. 9. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that he: a) failed to maintain an assured clear distance between his vehicle and the Plaintiff's aforesaid vehicle; b) failed to see that the Plaintiffs vehicle was stopped as aforesaid; c) failed to avoid ramming Into the Plaintiff's aforesaid vehicle; d) struck the Plaintiff's aforesaid vehicle; and e) was otherwise negligent. 10. Solely as a result of the Defendant's aforesaid carelessness, recklessness, and negligence, the Plaintiff suffered soft tissue injuries and temporomandibular joint dysfunction lTMJ). 11. Solely as a result of the Defendant's aforesaid carelessness, recklessness, and negligence, the Plaintiff is entitled the following elements of damage: a) past and future pain and suffering; b) past and future medical expenses; c) past and future emotional distress; d) past and future loss of enjoyment of life; and e) other elements of damage as recognized under the laws of the Commonwealth of Pennsylvania. - 2 - WHEREFORE, the Plaintiff demands judgment In her favor and against the De(endanl in an amount in excess of the amount for mandatory referral to arbitration. Respectfully submitted, DAVID W. KNAUER, P.C. ~_. !. ", !' ' 'Viw./1 lJ) .1' \V1\\Jt::~" 1M; David W. Knauer, Esquir~ Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanlcsburg, PA 17055 (717) 795.7790 Date: February 25, 1997 .3- CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 25th day of February, 1997, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: Karl R. Hlldabrand, Esquire Metzger, Wickersham, Knauss & Erb P. O. Box 5300 Harrisburg, PA 17110-0300 ~.~ . L . l klJl p lJ !itJAU(;'J\.. H Y<, , David W. Knauer Attorney for Plaintiff Attorney 1.0. No. 21562 411-A East Main Street MechanlcsburB, PA 17055 (717) 795-7790 VERIFICATION Subject to the penalties of 16 Pa.C.S.A. 4904 relating 10 unsworn falsification to authorities, I hereby certify thaI the facts In the foregoing pleading are true and correct to the best of my Information and belief. Date: t6~>i-Jl\1d 2..; I 'i'l7 -~ )J ~~ ~ (1' ..:J .~. ..... ;;. .-.J ....~ (" ") ;..~ ~" ...4 :1:';: [" . ,-.. ,-,1,.. .!;.~ ~r. ..0 : .'.~l ~~~ I'. N . f' . .~7. [j; \.,' CD .I..l ~, ..1~ .:: a.... ~ r- ::-J <J\ U , , . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5991 CIVIL ACTION - lAW JURY TRIAL DEMANDED NORMA G. STONE, plaintiff v. TIMOTHY JOE LENTZ, Defendant : NOTIell TO: Norma G. stone, Plaintiff . c/o David W. Knauer, Esquire 411-A E. Main Street Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed Answer with New Matter of Defendant Timothy Joe Lentz within twenty (20) days from service hereof or a judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. '" A~" R cd~_.--~~J7 Kar R. H' ldabrand, Esquire Attorney 1.0. No. 30102 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: March~, 1997 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5991 NORMA G. STONE, Plaint!!f TIMOTHY JOE LENTZ, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DBFBHDANT'S ANSWER AND HBW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admittee. 5. Paragraph 5 is admitted except that the term "lawfully" is a legal conclusion to which no answer is required. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that the vehicle in front of Plaint!!f stopped and the Plaintiff stopped. Defendant is without knowledge or information sufficient to form a belief as to why the vehicle in front of plaintiff stopped and the averments are therefore denied. 8. Admitted in part and denied in part. It is admitted that at the aforesaid time and place, after Plaintiff's vehicle began to stop, Defendant braked his vehicle, skidded and was unable to stop before striking the rear of Plaintiff's vehicle. It is speoifically denied that Defendant "rammed into the Plaintiff's vehicle." 9. Admitted in part and denied in part. It is admitted that the striking of plaintiff's vehicle by Dofendant's vehicle was due to the careless or negligent conduct of Defendant in failing to get his vehicle stopped in adequate time to prevent collision. It is specificallY denied that Defendant was in any way reckless. The averments of sub-paragraphs (a) - (c) are Elpecifically denied and proof thereof is demanded. To the extent. that sub-paragraphs (a) _ (e) aver facts contrary to those stated herein they are specificallY denied and proof thereof is demanded. 10. Denied. The averments of paragraph 10 are specifically denied and proof thereof is demanded at trial. On the contrary, there was no indication that the plaintiff was injured at the scene. On the contrary, the plaintiff advised Defendant that she had been injured in a motor vehicle accident approximately two weeks prior to the accident in question. 11. Denied. The averments of paragraph 11 are specifically denied and proof thereof is demanded at trial. On the contrary, there was no indication that the plaintiff was injured at the scene. On the contrary, the plaintiff advised Defendant that she had been injured in a motor vehicle accident approximatelY two weeks prior to the accident in question. NEW MATTER 12. plaintiff's claim is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. -2- CBRTIWICATB OW SERVICB I, Xarl R. Hildabrand, Esquire of the law firm Metzger, Wickersham, Xnauss , Erb, hereby certify that I served a true and exact copy of AD.war an4 N.w Hattar with reference to the foregoing action by First Class Mail, postage prepaid, this ~ day of March 1997, on the following: METZGER, WICKERSHAM, KNAUSS & ERB -<.-<../;,,;-.'dd..d-c? Xar R. H ldabrand, Esqu re David W. xnauer, Esquire 411-A E. Main Street Mechanicsburg, PA 17055 (717) 795-7790 Attornay for Plaintiff WHEREFORE, the Plaintiff demands judgment In his favor and against the Defendant on the Defendant's New Matter. Respectfully submitted, DAVID W. KNAUER, P.C. VwlLLJICr~ David W. Knauer, Esquire Attorney for the Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: April 1, 1997 - 2 - \ . . . . . CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 1st day of April, 1997, serve a true and correct copy of the within document on all counsel of record by facsimile and United States mail, first class, prepaid addressed as follows: Karl R. Hildabrand, Esquire Metzger, Wickersham, Knauss & Erb P. O. Box 5300 Harrisburg, PA 17110-0300 ~JA;Q,U,t~ David W. Knauer Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ik r- >- c:: ,'- / W ., -::;i.~ ..:$ )~/ ,. ::t: J::;: ~<~ I": ~ ,~ c :.if) " -'" (;.-. ,',' ". I .:Z tt! 0" :lu..1 I~ 1~ F "'" \:'5 '(; s u ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMA G. STONE Plaintiff CIVIL ACTION - LAW v. No. 96-5991 TIMOTHY JOE LENTZ Defendant JURY TRIAL DEMANDED Ii PLAINTIFF'S REPLY TO THE DEFENDANTS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO THE PLAINTIFF ; I j j' I 1. The Plaintiff does not have any photographs In response to this request. 2. The Plaintiff has a copy of the police report of the accident, which was previously provided, and no other matter subject to this request. 3. The Plaintiff's only witness statements are contained In the police report. 4. The Plaintiff's only witness statements are In the police report. 5. At this time, the Plaintiff does not have any expert reports but will supplement this request upon receipt of experts' reports. 6. Except for police report previously provided, the Plaintiff does not have any documents at this time but reserves the right to supplement this response. 7. The Plaintiff objects to this request because she is not making any claim for lost wages or Impairment of economic horizons. 8. The Plaintiff will provide medical records and bills upon receipt and reserves the right to supplement this reply. 9. At this time, the Plaintiff has not yet determined what exhibits she will utilize at time of trial and reserves the right to supplement this reply. Respectfuliy submitted, Date: May 2,1997 DAVID W. KNAUER, P.C. ~<;,;2jJ.~ David W. Knauer, quire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanlcsburg. PA 17055 (717) 795-7790 -2- ,% 1::1 :>- In ~~ j9 OJ '.) ")~ R ~ '. -.. ',J~i: "'C (.);:j li! \Q ':-'3 , J' :f >- 4.':~ ~ IUYJ II) 0.; ~ ~ ,... " 0'1 U - . , ! " ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORMA G. STONE Plaintiff v. TIMOTHY JOE LENTZ Defendant CIVIL ACTION - LAW No. 96-5991 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO THE DEFENDANT'S FIRST SET OF INTERROGATORIES Date: May 2, 1997 Respectfuliy submitted, DAVID W. KNAUER, P.C. u~_tJ~ David W. Knauer/Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanlcsburg, PA 17055 (717) 795-7790 " ,. -: Interroaatories: 1. What is your full name and date and place of your birth? ~NSWER: . Norma Gall Stone DOS 06-24-47 In Snyder County, Pennsylvania ,I -1- '" . -: 2. What was your residence address at the time of the accident and what is your present address? ANSWER: Residence at the time of the accident 1005 Stevens Road York Haven, PA 17370 Current Address 857-A East Slddonsburg Road Lewisberry, PA 17339 " -2- "... . I I' I I I I i I I i i I . ~ 3. List the name and address of each person known or believed by you to have witnessed the accident or to have been within sight or hearing of the accident and with respect to each identified person state their exact location and, what they were doing at th~ time of the accident, and the information they have or are expected to give regarding the accident? ~NSWER: None to the best of the Plaintiff's knowledge. ..' -3- ".. . '" . 4 . List the name and address of each person known or believed by you who has any relevant knowledge of the facts and circumstances of the accident, the events leading up to or following it, or ~ho has any relevant knowledge of the conditions at the scene of the accident existing prior to, at, or immediately after the accident and with respect to each identified individual specify what knowledge each individual has? ANSWER: None other than the police. " -4- , ". -': 6. List the name and address of all other witnesses known to you whose names were not given in answer to the preceding Interrogatories, whether or not you intend to call any of said witnesses at trial? ANSWER: None. " -6- ~ 9. State whether any plans, drawings, blueprints, sketches, or diagrams exist or were made of the site of the accident or of any other thing, matter, or location involved in the accident. If so, state: a) A description of each document; b) The name and address of the person preparing each document; c) The date each document was prepared; d) The name and address of the person presently having possession or custody of each document; e) Please attach copies of all identified documents to your answers to these Interrogatories. ANSWER: None of which the Plaintiff Is aware. ..' -9- 11. Have any doctors or other medical personnel examined or treated you for your injuries received? If so, for each such doctor or other medical personnel state: a) His name, address and specialty; b) Each date of examination or treatment; c) The type of examination or treatment and a description thereof; d) An itemization of each charge for such examination and treatment; e) The amount paid, and by whom, up to the date of filing Answers to these Interrogatories; f) Whether any further treatments or examinations will be necessary, and if so, the estimated cost. ANSWER: a) Dr. Jay J. Cho, M.D. Physical Medicine & Rehabilitation EMG 5124 East Trindle Road Mechanlcsburg, PA 17055 Dr. Albert J. Skocik, D.C. Skoclk Chiropractic 5500 Allentown Boulevard Harrisburg, Pennsylvania Dr. Robert J. Beaudry, Jr.. D.M.D. Beaudry Oral Surgery 3600 Old Gettysburg Road Camp Hili, PA 17011 Dr. Leonard R. Jones, D.C. Jones Chiropractic Center 6520 Carlisle Pike Mechanicsburg, PA 17055 ..' b)-e) See the Plaintiff's medical records and bills which will be provided upon receipt. f) The Plaintiff Is uncertain as to what treatment will be necessary In the future. The Plaintiff will provide expert reports to supplement the answer to this Interrogatory If and when necessary. -11- ~NSWER: a) See answer to Interrogatory No. 10(a) above. b)-c) See answer to Interrogatory No. 11(a) above. d) The Plaintiff will provide a list of all medications at a later date. 16. Do you claim any damages for pain and suffering? If so, state I a) The speoific cause of such pain and sUffering; b) the treatment prescribed for relief of such pain and suffering/ 0) The treatment pursued for relief of such pain and suffering/ d) All drugs used for the relief of pain, specifying the precise name of the drug, the precise quantity prescribed for each dose, and the number of doses or applic~tions of such drugs. -' -16- .....,...........' -..-- 17. Did you have any other expenses or suffer any other pecuniary 10&& because ot this acoident? If so, tor each expense or loss state: a) A description of the expense or loss; b) How your injuries or the accident necessitated the expense or loss; c) The total amount of the expense or loss up to the date of tiling Answers to these Interrogatories; d) The amount of such expense paid and by whom; e) The estimated future expenses or loss. ANSWER: None at this time. The Plaintiff reserves the right to supplement the answer to this Interrogatory If and when necessary. ..' -17- I ,I I .! 'I i 19. Have you been omployed since the date of the accident? It .0, plea.e state the oocupations pursued including the names and addre.... ot all employers, the weekly wage or salary received (including gratuities, bonuses eto.) from each such ocoupation and the dates engaged in eaoh ocoupation and the nature ot the work involved? ANSWER: See answer to Interrogatory No. 18 above. I ! " -19- 21. Have you been involved in any other accidents or occurrences since the accident in question in which you were injured? If so, state: a) The date of each accident or occurrence; b) The places where each accident or occurrence occurred (indicating the address or other fixed point of reference, city, county and state); c) The name an~ address of each other person involved; d) A description of each injury you sustained indicating with particularity the part of your body injured; e) The names and addresses of each physician examining and treating you for such injury; f) Whether the injuries sustained in the accident involved in this lawsuit were in any way aggravated by any subsequent accident or occurrence, and, if so explain in detail. ANSWER: a) c) November 27, 1994 b) d) Route 50 North in Easton, Maryland Shanlka Denise Brooks 318 Talbot Street Easton, MD 21601 low back Injury difficulty walking e) Dr. Jay J. Cho, M.D. -.' Physical Medicine & Rehabilitation EMG 5124 East Trlndle Road Mechanicsburg, PA 17055 Dr. Albert J. Skocik, D.C. Skocik Chiropractic 5500 Allentown Boulevard Harrisburg, Pennsylvania f) The Plaintiff feels that this accident did aggravate her mid-back Injury. See reverse side for additional Information. -21- a) September 1, 1996 b) Fell out of a moving truck on Mount Airy Road, York County c) Husband and Grandchildren d) Broken orbital bone and left arm, concussion, head and neck Injuries e) York Hospital 1001 South George Street York, Pennsylvania Dr. Robert R. Fierer, M.D. 1199 Colonial Road Harrisburg, Pennsylvania Dr. Amlram Shapiro, M.D. Memorial Eye Institute 4100 Linglestown Road Harrisburg, Pennsylvania Dr. Leonard R. Jones, D.C. Jones Chiropractic Center 6520 Carlisle Pike Mechanicsburg, PA 17055 1) The Plaintiff feels that this accident did aggravate her cervical and neck injury. 22. Please provide a complete itemization of all insurance benefits paid to you or on your behalf as a result of this accident (includinq but not limited solely to medical expenlles, rehabilitation expenses, lost wages, and replacement services), indicate the name and address of the insurance carrier, and whether you are continuinq to receive such benefits. ANSWER: Aetna Insurance Company Eastern PA Claim Service Center P. O. Box 61548 King of Prussia, PA 19406-0948 The Plaintiff does not have an itemized list of benefits paid at this time. The Plaintiff will supplement the answer to this Interrogatory If and when necessary. " -22- 23. Did you have any accidents, injuries or medical problems requiring medical care and/or resulting in impairment or disability prior to the accident? If so, statel a) The date of each acoident, problem or occurrence and a description thereof1 b) The nature of the injury, problem, disability or impairment1 c) The names and addresses of each physician examining and/or treating you for such condition and or each hospital involved. d) Whether the injury, problem, disability or impairment was in anyway aggravated or harmed by the accident involved in this law suit and, if so, explain in detail. ANSWER: a) February 23, 1994 b) Head and neck Injuries and memory loss c) Dr. Jay J. Cho, M.D. Physical Medicine & Rehabilitation EMG 5124 East Trindle Road Mechanlcsburg, PA 17055 Dr. Robert G. Little, M.D. 1900 Bridge Street New Cumberland, PA 17070 " Dr. Paul J. Eslinger Milton S. Hershey Medical Center P. O. Box 853 Hershey, PA 17033 d) The Plaintiff feels that these Injuries were aggravated by the accident Involved In this lawsuit. -23- l 24. state the names and addresses ot each physician that has advised you that your injuries as a result tit the accident are "serious and permanent" in nature. ANSWER: Dr. Robert J. Beaudry, Jr., D.M.D. Beaudry Oral Surgery 3600 Old GettySburg Road Camp Hili, PA 17011 The Plaintiff reserves the right to supplement the answer to this Interrogatory if and when necessary. ..' -24- . 25. With respect to each medical or other expert witness which you intend to call to testify in the trial of this matter statel a) His name, address and telephone number; b) His profession or occupation and the field in which he is allegedly an expert; c) Attach a copy of his curriculum vitae or describe in detail what education background, experience and other qualifications has to be considered as an "expert"; d) The subject matter or matters on which the expert is expected to testify; e) The opinions which the expert is expected to give concerning these matters; f) The substance of all facts and opinions on which he bases his opinions and a summary of the grounds for each opinion. ANSWER: None Identified at this time. The Plaintiff reserves the right to supplement the answer to this Interrogatory. ..' This interrogatory is propounded pursuant to Pa.R.C.P. 4003.5 which directs the party answering the Interrogatory to either file as his answer a report of the expert or have the Interrogatories answered ~y tho expert. In either case, the answer or separate report shall be signed by the expert. -25- . 28. Identify and describe each exhibit which you intend to use to introduce in the trial of this case. ANSWER: None Identified at this time. The Plaintiff reserves the right to supplement the answer to this Interrogatory. ,; :i ; ,i " 11 I .1 'I " I .1 -28- . 29. If you intend to present a claim at trial for replacement services loss or expenses in hiring individuals \:0 perform services for you as a result of the injuries received in the accident state: a) The name and address of each individual performing the services; . b) The dates (inclusive) each individual provided services; c) A complete description of all services provided and amounts paid therefor; d) The reason why the services were provided; e) A complete description of all written records you have that would establish the amount paid to each individual and the reason payment was made. ANSWER: None at this time. The Plaintiff reserves the right to supplement the answer to this Interrogatory. " -29- . , . VERIFICATION Subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities, I hereby certify thaI the facts in the foregoing pleading are true and correct to the best of my Information and belief. Date: May 2, 1997 . ;In{.t1l~~ JI J~ .. " .- ... ." . . ., . ~ C) :-: '" '. , ~ ib ."~ ", ~ :'J :rt. :;., , "\.:J ~ .0 ,:~ , '1- L', ~-f\.~ ~ ~ ;r; :;~ ~ ~ ;:J Ll NORMA G. STONE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.5991 TIMOTHY JOE LENTZ, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF DEPOSI nON TO: Timothy Joe Lentz C/O Karl R. Hildabrand 3211 N. Front Street Harrisburg, Pa. 17110 Please be advised that on July 15, 1997, at 3:30 p.m., the Plaintiff Norma Stone will take the deposition of Timothy Joe Lentz at the office of Karl R.Hildabrand, Esquire, Metzger, Wickersham, Knauss & Erb., P.c., 3211 N. Front Street, Harrisburg, Pa. 17110 before a person authorized by law to admll'ister oaths. The oral examination will continue from day to day until completed. You are requested to have your client present at the specified time and place. You are Invited to attend and participate in this examination. ~) tV ivt LJ f4/ I David W. Knauer ~ Attorney for Plaintiff Attorney I.D. No. 21562 411-A East Main Street Mechanicsburg. PA 17055 (717) 795-7790 Date: May 27, 1997 . CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 27th day of May, 1997, serve a true and correct copy of the within document on all counsel of record by United States mail, first class, prepaid addressed as follows: Karl R. Hildabrand, Esquire METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 {2;;4/~/ David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411.A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 :"--:: (Xl " I.":; rl, .. I.' " t' : 1'1. --.f I" ,l. , ')' 2,:- ,.;.) ! i'" ('; ..11 ; ,t ;J L. . , II, r-- .; ~ c"', U .. ~ --- --- ....... NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 96-5991 Civil Term TIMOTHY JOE I.ENTZ Defendant JURY TRIAL DEMANDED .. AND NOW, this ...1f.. day of ORDER --Yl?a..; ,1998. upon consideration of the aUached Petition to Withdraw, it Is hereby ORDERED and DECREED that .AIL a rule to show cause is Issued on the Plaintiff Norma Stone to show cause why the Petitioner herein should not be allowed to withdraw as her counsel In the above maUer. Rule returnable within 10 days ofservlce. ~ r l ~ ~ i~~ L~' I \ '>- ~ I--" n ~.~. ro"" It-', . ejr . (, 01., LeI' , ""'1I, "'2- ~ "I --- ..:J t:; c;, ') ;');~ '~J-:,,, i~ ,...,~ -. '. ~/l I ,_, "47 <.!j "'Ie ::;, I') ...,; :.: CO 3 en NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 96-5991 TIMOTHY JOE LENTZ Defendant JURY TRIAL DEMANDED PETITION TO MAKE RULE ABSOLUTE 1. On May 15, 1998, upon consideration of the Plaintiff's counsel's Petition to Withdraw, the Honorable Kevin A. Hess issued a rule to show cause why the Plaintiffs counsel should not be allowed to withdraw as the Plaintiff's counsel. 2. The Plaintiffs counsel duly served the Plaintiff with a copy of its Petition to Withdraw as evidenced by PS Form 3811 which Is attached hereto as Exhibit "A" and Incorporated herein by reference thereto. 3. The Prothonotary of Cumberland County duly served the Plaintiff with the Order of Your Honorable Court dated May 15, 1998, Issuing the aforesaid rule to show cause why the Plaintiff's counsel should not be allowed to withdraw as the Plaintiff's counsel In the above matter. WHEREFORE, the Plaintiff's counsel requests that Your Honorable Court make the aforesaid rule absolute to permit the Plaintiffs counsel to withdraw as her counsel. Respectfully submitted, Date: July 24, 1998 u:w. KNAUER, P.C. ~ ,0 j . )4-'4.rElvL David W. Knauer, Esquire . Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ,-r, 1:, C;; SENDER: 'tI -Complotoltoms 1 andlor 2 for addlllonal soNtc... 'i -Complsla IIams 3, 4a, and 4b. II -Prinl your nama and add, a.. on tha ravorao of Ihl. form.o Ihat wo con rolurn thl. f! card to you. ~ -Mach thl. fonn 10 tho front of tho mOllploco, or on Iho back ".pace doo. not e parmll. II -Writs'Rolum Roco/pl Roquo,'od' on Ih. mallpl.co bolow tho arilc1a numbor. oS -The Rolum Recolpt will show 10 whom the arilelo was dollvorad and Ihe dalo c dollverad, o 'tI oS II ii. e o u 3. Artlcls Addressed to: NORMA G STONE PO BOX 566 NEW KINGSTOWN PA I also wish to receive the following services (for an extra fee): GI 1. 0 Addressee's Address .~ 2. 0 Restricted Delivery ~ Consult postmaster for fee. 'Ii. 4a. Article Number <::. tJU I ,) I \(:1-/] ('" (('~~ ;. ::;~~:r:~pe d-J~ertlflsd ~ o Express Mall 0 Insured E .. o Return Receipt for Merchandise, 0 . COD ~ 7. Date of Delivery' ;'. oS! (" )) (.. ."~';.I""". ~ '.. .., '\ g .' -. .. !...... .. . . >0. B. Addressee's Addre S;(OrilY,If ,tJqUl1lltlJ,d. ,\ ~ and fee is paid) '/, \,.~ .....1 .: '.: '::/ ~ 17072 5. Received By: (Print Name) ~ 6. Slgnatur:,~~Ad.~re~see or Agent;'! 1.--" . ' :- X 72Ji/' It . / of (jlt..~ - 'pS For{Tl3811, December 1994...... L" LUI11t:x.rICU'1C..-1 C,('J. I--'C' ,I:.IO\-:r) 1();'~)!I!,-~I"-1\ (l1/!1 Domestic Return Receipt EXHIBIT I A NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. 96-5991 TIMOTHY JOE LENTZ Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW TO THE PROTHONOTRAY: Pursuant to the Order of the Honorable Kevin A. Hess dated August 4, 1998, making absolute the rule to show caused Issued on May 15, 1998, withdraw our appearance for the Plaintiff In the above matter. A true and correct copy of said Order Is attached hereto as Exhibit "A" and incorporated herein by reference thereto. Respectfully submitted, Date: August 11, 1998 10 tJ. /4-/. avid W. Knauer, Esquire Attorney for the Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanlcsburg, PA 17055 (717) 795-7790 NORMA G. STONE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TIMOTHY JOE LENTZ Defendant No. 96-5991 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 11 th day of August, 1998, serve a true and correct copy of the within document on all counsel of record by United States mall, first class, prepaid addressed as follows: Karl R. Hlldabrand, Esquire Metzger, Wickersham, Knauss & Erb P. O. Box 5300 Harrisburg, PA 17110-0300 ~.. J.~ David W. Knauer Attorney for Plaintiff Attorney 1.0. No. 21582 411-A East Main Street Mechanlcsburg, PA 17055 (717) 795-7790 \ . NORMA G. STONE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96-5991 TIMOTHY JOE LENTZ, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, lhis /3' day of {}JJ J.~,' , 1998, upon consideration of the Defendant's Petition to Compel Plaintiffs physical examination a Rule is hereby issued upon Plaintiff, Nonna G. Stone, to show cause, if any she has, why the relief requested therein should not be granted. Rule returnable ~ " days from service upon Plaintiff. By the Court: cc: Karl R. Hildabrand, Esquire Attorney for Defendant METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street, P.O. BOK 5300 Harrisburg, PA 17110-0300 J. (..u-tu .~l /v./3.9f I --r" Norma Stone, Pro Se P.O. BOK 566 New Kingaton, PA 17072 Documcntlll4199b :-. o. l.1; F f,..:.: ..~t LJ.,r-1 c:v ~')"r ( .. :.).c "; (~, '!., ,"...... -' ::. (",Or ". , :~'1. , ::':-1 '? .'- Lt.... r.q -I 1-..- f.L ~ /-' ."7;; i-'. ( ; "1;] ~ ~)~L. " C':T) u ::, Cp (J 7, Thrllu~h dis~llvery llefel\tlul1I hils leilrlledlhat Ihe 1'lilil1llff hils a rather ~omplex medical history ind\ldln~ a numher llf i1~ddel1ls hlllh hcfllle alld aflCl Ihe i1~cidenlln question Ihat have involved injuries to the same p"rtlons llf her hlldy alle~edly Illjurellln Ihe a~~idel1l with Defendant, H, Tlte re~llrds retle~llhallhe Plall1llff WilS Invlllved in a mOlOr vehide accident in February of 11)94 resuhin~ III I:ljuries III her ne~k, shoulders 111111 ha~k und related symptoms, The Plaintiff underwent a ~llurse llf medlcallrelllmel1l for Ihese Injuries, 9, Plal!lllff was alslllnvlllvetlln a mOlor vehl~le i1~eldent on November 27. 1994, one week after Ihe uccldelllln ljuesllon, She developed hilck puln as II result of this accident, Ill, On Seplcmlwr I. 11)1)(,. Ihe Plilintlff either fell Ilr was pushed from a moving vehicle resuhing In Iraumu III her fa~e. Includln~ Ihe fru~lure of Ihe left eye sockel, and the Plalnliff underwentlreatment at York 1I0spila!. She also Injured her left shoulder In Ihe accldelll. To date the Plaintiff has refused to sign an aUlhorlzallon releasin~ psycholo~l~al re~ords frollllhe York lIospltaltreatmcnt. II, PllIlnlllT hilS fillled III respond 10 [)efendilnl's Interrogatories and Request for Production regardln~ medical pTllvl(lers, copies of lIledi~i11 records and related itellls although Ihese Discovery requests were servetlon Jilnullry 21, 11)97. nearly 2ll lIlonlhs a~o, 12, Plaintiff's Counsel. David W, Kniluer, Esquire. has received Court authorization to withdraw as Counsellilr Ihe PlilinlllT due 10 Plall1liff's failure 10 coopcrate with him in the preparation of this case. 13, Ilet'el\tlillll has s~heduled Ihe Plillntiff for an Independent medical evaluation with Thomas K, 1I0ward. M,D,. a hOilnl'~ertilicdorlhopedi~ physician inllanover. Pennsylvania, 14, When Ihe underslgncd notilied Mrs, Slone of lhe examination she agrced to cooperate and Illlendlhe esalllinallon, The followin~ day she advised the undersigncd thaI she was r~fusing to attend the es;lIninillion wilh Dr, II0WllTt!. IhllUlllfll1 MIII't'JlI IS. The Defendant has good cause to obtain an independent medical evaluation of the Plaintiff to determine the nature and extent of injury. the causation of the alleged injuries. and the inter-relationship of the other accidents that the Plaintiff has been involved in, 16. Plaintiff refuses to submit to the examination. WHEREFORE. pursuant to Pa.R.C.P. 4010(a) Defendant Timothy Joe Lentz requests that this Court enter an Order directing the Plaintiff to submit to a physical examination by Thomas K. Howard. M.D., or such other physician as may be designated by Defendant, at the place, manner and time to be arranged by Defendant with at least twenty (20) days advance notice to Plaintiff. Respectfully submitted. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:'i/~Q~_l~~- ~ Karl R. Hildabrand. Esquire LD. #30102 3211 North Front Street P.O. Box 5300 Harrisburg. PA 17110.0300 (717) 238-8187 Attorneys for Defendant ~ . Date: /o--z,--ti" l)tICUlllcntHI.J,99b , " " NORMA G. STONE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 96-5991 CIVIL TERM TIMOTHY JOE LENTZ, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SBRVICE I, craig B. Sobel, Esquire, hereby certify that I served a true and correct copy of the within Entry of Appearance on October 15, 1998 upon all counsel of record named below, by the United States, first class mail, postage prepaid: Karl R. Hildabrand, Esquire Metzger, Wickerson, Knauss & Erb P.O. BOlC 5300 Harrisburg, PA 17110-0300 DY: Esqu re CRAIG B. SOBEL ".'~ !,i; t:..:: ," IIJ: -. , , U.. (")/ L;.. " , i."J. Gl I:, , Ii: I_ I--, , , :: i c.: '" /, , ~.: '-J I, ( , ,.' '. , vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 96-5991 CIVIL TERM NORMA G. STONE, plaintiff TIMOTHY JOE LENTZ, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of 1998, upon consideration of Plaintiff's Response to Defendant's Petition to compel, it is hereby ORDERED that Defendant's Rule to Show Cause is dismissed and Defendant's Petition to compel Plaintiff to undergo a physical examination by Thomas K. Howard located in Hanover, Pennsylvania ie denied. It is further ordered that: if the Defendant has shown Good Cause why plaintiff should be examined; and this Honorable Court deems a physical examination of the Plaintiff necessary, plaintiff consents to undergo a physical examination by a examining physician located within the County of venue, cumberland county. BY THE COURT: J. NORMA G. STONE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ve. NO. 96-5991 CIVIL TERM TIMOTHY JOE I,ENTZ, Defendant JURY TRIAl, DEMANDED PLAINTIrr's RBSPONSB TO DBrBNDANT'S RULB TO SHOW CAUSB AND PBTITION TO COMPBL PLAINTIrr TO UNDBRGO A PHYSICAL BXAMINATION BY DR. THOMAS K. HOWARD Plaintiff, Norma Stone, by and through her Attorney, craig B. Sobel, hereby Petitions the Court to dismise Defendant, Timothy Joe Lentz's Rule to Show Cause and deny Defendant's Petition to Compel Plaintiff's physical exam with Dr. Thomas K. Howard, and in support of the Petition represents as follows: 1. This matter arises out of personal injuries sustained by Plaintiff, Norma Stone following a November 20, 1994 collision, whereby Defendant, Timothy Joe Lentz rear-ended Plaintiff's vehicle. 2. Subsequently, Plaintiff's prior counsel, David W. Knauer filed a civil Action Complaint on Plaintiff's behalf. 3. Thereafter, following a mutual consent between prior counsel and Plaintiff, David W. Knauer, Esquire withdrew as Counsel on August 4, 199B. 4. Meanwhile, Defendant's counsel requested that Plaintiff undergo a physical examination by retired physician, Thomas K. Howard. Said individual rents office space for Independent Medical Examinations (herein after referred to as IME) from Dr. Trent Nichols located at 195 stock street, suite 203 Hanover, Pennsylvania, York county. 5. Pennsylvania Rule 4010(a) (1) of The Rules of Civil Procedure, provides that the "examiner" must be a licensed physician, licensed dentist or licensed psychologist. It is disputed whether examiner Howard, a retired physician falls under the purview of pereons authorized to perform examinations. 6. Furthermore, pennsylvania Rule 4011(b) of the Rules of civil Procedure, provides that no discovery shall be permitted which "would cause unreasonable annoyance, embarrassment, oppreseion, burden or expense to any person or party." 7. Defendants have directed that plaintiff, Norma stone undergo an IME in Hanover, Pennsylvania located in York county. B. The oollision giving rise to this civil Aotion Complaint ooourred on North York street in Mechanicsburg, Pennsylvania, CUlllllerland county. AdditionallY, both plaintiff and Defendant reside in Dillsburg, Pennsylvania, cumberland county. 9. Despite same, the requested examiner's offioe is looated in a foreign county. Hanover is located in York county, over 35 miles away from Norma stons's residenoe and a 67 minute oar ride away. Kindly refer to Route and Map attached hereto as Exhibits "A" and "B" respectively. Plaintiff contends that the distance required by Defendant's chosen examiner is unreasonable and burdensome. Furthermore, there are a sufficient number of qualified physicians located within cumberland county to whom Defendants may send Norma stone for an IME. 10. On October 15, 1998 craig sobel, Esquire forwarded an Entry of Appearance on behalf of Plaintiff, Norma Stone to the Court of Common Pleas, cumberland County. A copy of same was forwarded to Defense oounsel, Karl R. Hildabrand. 11. On October 15, 1998 Plaintiff's counsel's office contacted Defense counsel, Karl R. Hildabrand, requesting an extension of time to allow Plaintiff to gather requested medicals and specials. Defense counsel granted a 35 day extension. Additionally, Plaintiff's counsel requested that an IHE physician located within Cumberland county be chosen to avoid the burden of plaintiff traveling to another county. Defense counsel refused plaintiff's request. 12. On October 19, 1998 The Law Offices of craig B. Sobel's Entry of Appearance was filed with the Court. See Entry of Appearance attached hereto as Exhibit "C" 13. On that same date Defendant's Rule to Show Cause with Petition to compel Plaintiff's physical examination was forwarded to plaintiff, Norma Stone. See Defendant's letter dated October 19, 1998 attached hereto as Exhibit "0" 14. Despite the excessive distance required to undergo an exam in Hanover, pennsylvania, Plaintiff agreed to be examined by retired physician Thomas K. Howard. Therefore, on October 21, 1998 plaintiff's counsel's off ice contacted Defense counsel and provided available times and dates upon which Norma Stone could be examined. 15. On October 22, 1998 Plaintiff's counsel requested that the within Petition and Order be withdrawn. Kindly refer to vOluntarily agreed to un<lergo the requested IME. See Detense t f I , I I i I I , , I ! I I Plaintiff's counsel's October 22, 1998 lettar attached hereto as Exhibit "E". 16. Thereafter, Defense Couneel refused to voluntarily withdraw said Petition despite the fact that plaintiff counsel's October 28, 1998 letter attached hereto as Exhibit "F". 17. The Law Off ices of craig B. Sobel have made a good faith effort to resolve the issues rai~ed by this motion with the attorney for the oppoeing party without requiring Court intervention. This effort has not been successful. WHEREFORE, pursuant to Pa.R.C.P. 4010(a) (1) and 4011(b), plaintiff, Norma Stone respectfully requests that this Honorable Court enter an Order Dismissing the Rule to Show Cause and Denying Defendant's petition to compel Plaintiff to undergo a physical examination by Thomas K. Howard located in Hanover, Pennsylvania. Respectfully submitted, LAW OFFICES OF CRAIG B. SOBEL I h lIP :) Cr . obel, Esqu re Identification No. 60206 The Bellevue 200 S. Broad street, suite Philadelphia, PA 19102 (215) 893-1458 Attorney for Plaintiff 920 BY: Dated: 'J I ;J , , 1998 (Like any driving directions/map, you should always do a reality check and make sure the exists, watch out for construction, and follow all traffic safety precautions. This is only to b( aid in planning,) Need Help? See the Et~ Or rcport.~ap ~ble:. Copyright C J 994- ahool All RIg Is erv EXIlIllIT "11" "'" -. , .. NORMA G. STONE, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 96-5991 CIVIL TERM CJ c :'..... JURY TRIAL DEMANDED ~l~ ~~~:. L~': 2' ;<.\. ,",t -( ':;.C' - -:- ~ TIMOTHY JOE LENTZ, Defendant ENTRY OP APPEARANCE TO THE PROTHONOTARY: ..n l:::l ::> n 004 I:) ~o -I :.: .." ,""R ;\;3 ') . ,." r:> ,'L :_;~ '_-m ~ ~~ ~ -< 10 ..,.., :;: ::> I.,) Kindly enter my appearance on behalf of plaintiff, Norma G. Stone in the above captioned matter. Respectfully submitted, LAW B. SOBEL BY: !I. Cra . ,.bel, Esqu re Identification No. 60206 The Bellevue 200 S. Broad street, suite 920 philadelphia, PA 19102 (215) 893-1458 Dated: October 15, 1998 EXHIBIT "C" .\I.mb., "f Pa..11 .Y.J. IJ", CRAIG B. SOBEL Esquire! LolW OfJlce Sulu 9:0. 171. BllbI...... ;00 SOIll/l B,ooJ Str"t Ph/I4M/P/lIG, P"I 1910; (111) IPJ.l4S1 ,Ic.w.my p,ofaJlonol e,m" ;000 ,Ic.w.my D,i.. . SUII. JOO ,11"unt L"""L ,VJ 01014 (4119) '~6-'111 October 22, 1998 Karl R. Hildabrand. Esquire Metzger, Wickerson, Knauss & Erb P.O. Box 5300 Harrisburg, PA lillO-C300 RE: Norma G. Stone v. Timothy Joe Lentz No. 96-599l Dear Mr. Hildabrand: This letter will memorialize your October l5, 1998 telephone conversation with our office whereby you kindly agreed to allow a 35 day extension [before tiling a Motion to Compel Production of Medical Records] in order to allow our office lime to compile the medical authorizations and medical records that you requested. During your telephone conversation with our office, Ms. Slone's 1ME with Dr. Thomas Howard was discussed. Although we requested that an !ME physician within the Cumberland County area be selected {due 10 Ihe facl Ihal Ms. Slone expressed concerns regarding Ihe 45-60 minule drive 10 Dr. Howard's office which would necessilale lime offfrom work], you stated that you wished to have Dr. Howard examine Ms. Stone. Therefore, it was requested that you look into Dr. Howard's extended office hours such as evening or Saturday visits. Ms. Stone has stated that an evening or Saturday office visit with Dr. Howard would be preferable. However, if that is not possible, any Monday, Wednesday or Thursday, 5:00 PM appointment (with the exception of 10/28/98, \1/\lI98, ll/l6/98,lllli/98) was acceptable, which was relayed to on October 2l, 1998. Due to the fact that Ms. Stone has voluntarily agreed to submit to an examination by the physician of your choice, we kindly ask that you withdraw your Petition to Compel Plaintiff's Physical Examination with Rule to Show Cause so that the filing of an Answer to same is not required by our office. Please forward proof that your Petition and Rule have been withdrawn. EXHIBIT "E" In regard to the medical authorization that you requested. endosed heretn please tind a photocopy or' said document which was fa.xed to me by Ms. Stone this morning. The original will follow upon receipt or same. Lastly, my client. Nonna Stone teceived a certitied mail package directly r'rom your office today. Due to the fact that we forwarded an Entry of Appearance to your office on October 15, 1998 and our oftices have communicated via telephone, we will assume this was just an oversight by your staff. As you know, we represent Ms. Stone and any Legal Pleadings. Motions and correspondence are to be directed to our office. Corresponding directly with our client is prohibited and we would caution against it in the future. Kindly conrnct my of rice once you have received a IME appointment time and date for Ms. Stone. " .1e. ~\yyours, .' ( / J , I ,X/L1 -' :---. .. '":. Craig B. Sobel CBS/nl Enclosure itJ003 10:~1 F.~ 117 691 1719 ~ Authorization for Release of Medical Information I bcl:eby authorize York lIo~t.1 I In aJlnG,rutJ 1001 South George StTeet \0 CJ ~Y6 from: MEtzGEll & WICltEIlSllAI'l t.WI'dia,loao \0: ATTOa.'lnS AT LAW 3211 NOIlTH FRONT STREET, ? O. BOX 5300 ~lSBUR~J FA l/LLO AT'IN I !tA1lL RILDAII\lAND York. PA 174Q5 pr._ C!u&k (011/ lho foUowln& infOrmatiOD reaarding my \,ItIinpatient '110 OD 9Jl/96~9~~ and 9/~96-9/24/96 JPCC QJ G41ftUIION elWP'p -' . .-. ...... .-. .. . ,.,...... Q outpatient care OD SJU'U'1 dOl'" oJ t:UIU" VU'UI fir o.."..,n' pnlUlUmI CJ emetKCllCY care on Ip<<fh dIU.' QJ l:.IfUrpnq uqar1J'Mnt VUIU' ,,,,. ChIlt ("I j,Z) Comll1ete Mcdi,al Record lJ Admission ~ord (faccsbeet) Q DlschatiC Summar'Y o Other /p""" ".e/hl o Histol}' and Pbysic:al Examinsrion lJ COD5Ulwloll5 o Props Notes o Pbysician Orden Q opcnulve RepON Q X-Ray, ImagingR.cpON Q LaboratorY Repons The pmpose for dllcloslDllthe above infol13)atiOll is indlcated by a chec:k mark (~ below: CJ Courinuing Care Q Insurance pilLegal Q Other /pWu' "..e/hl 'IbIs IafomlIdoD II boln8 dlrd_1D 1Ile above ponoa. orpnimlioo or ~ floal n:cct1Ia whole .,.....A~rIolIlY may bo (lI01IlCUII by UllI1JN; 1/'011 AlCXlhOI AbUIe CalIIOl ~I (1'cuIISylvllliaUW, AcI61) md/otlbo MonuI Reallh P. ~,- Aa(PeMSYIvonla P.L. 817) IIld/Cr eonl"uk:1lIlaIlty 01 AIcoboI WI! 0Iu( AbuJe Padem \lealId RlguW!oM (FcdclIl Public LaW 9).282) andIorCollfidc1lllalilY orHIV 1lcIu:d IlJIixtnIlloDAcl (PIoDIylvanlaLaw. Aa 143). MyalpalW'O beIow..dla\U:S......... or IIII1lCh illf(l(lllllim1 by \OIllinCICApn:IS mall ocrvk:c or rau1m\I& ~ I undeftWld \hall hayo no obU(Ilion whalSOCYCr to dlsdosc In!olllllllon f11:>m my RCOnI UllIlIIlllornand tball may t.ycO thl..ulhor\ZaliOll alIDY limo In wriIInc. Clt<CPt to W. u_lhalllCllon ba..d onlbll collKtll bu bun W<en. 1 tully underStand tho conlClltl orlhLt au1hmlz.a1loll aDd volUIlWlly CCIlJeJl\ to tbo ...luSa or tho lnrormalion IS .wed.. . , THIS AurHOR!2AT10N sl\AlJ. EXPlRE30 OA'iS FROM T\1ll DATIl EXEC11IED UNtlER PENl'lSYLV MIlA ST^'l'E l.^ W ^cr 63,Al-L 011lEll AuntOlUZAnONS ElCPIRE 6 MONnlS FROM nm DATE EXEClJ'I'EO UNLESS onIERWlSE SPECIFlED BY THE PATll!NT: NORMA G. STONE I'rlIIl porltllr'sfuU"""", Port1 /o-22.qiY' DQU 06/24/47 pml""" Dot. 0' Bi,,1o ~Io'iQ(llloip /D PGlI.n, I 0- ~').-<1~ /Jot. 178-40-7907 po.,n", so<l4/ S...nlJl NlI1fIblr i? E..:c..... '1~ ~ Wi,""" SI,MfIA,.. NOTE: THIS AUTHORIZATION wn.L NOT BE ACCEPTED UNLESS rr IS COMPL.ETED IN ITS E.NTIRETY. A COpy OFTHB FORM WILL BE ACCEPTED IN LIEU OF AN ORIGINAL. . ".., ....,",.". " ,. " . " . lJpdtu,nl ull4bk /D sip, t:tfer to /xI&k Df fDrmfDtcDmpktlon '. ... ......;'.'!...I.l " .,' ",,"4" ,,,, \.. 0"'" ' Form j 2606 R.l 1/95 /\;\;y, October 28. 1998 ,\ l/ 1;< ,1/: \\Il 1,1 "\1 1.\.\1 Craig B. Sobel. Esquire Suite 920 - The Bellevue 200 South Broad Street Philadelphia. PA 19102 llNCElll&'J J.~II ~..\)rth Front Sln"l P~), Ao\ .:;]110 H",mbur!;.I',\ 1~II<I.<lJ(~) :'"17.~Jtl.riIH7 FJ\; 71 ;-.~:l~.u.t;"~ RE: Stone v. Lentz l~~ \Vest KinH SII\'t't Shippl'nsburg, P..\ I;'~:;;" ~1~,5JO.751, F.l\: ;"17.:;.111'II;-J~ Dear Mr. Sobel: I am in receipt of your leller dated October 22, 1998. I understand that your client is now willing to allend the IME with Dr, Howard. We have been advised that Dr. Howard is away until after November 9"'. therefore. we will not be able to do any scheduling until he returns. I would prefer not to withdraw the Petition until after your client allends the independent medical evaluation. I will. however. be glad to extend to you an open extension to respond to the Petition with the understanding that once the IME is completed we will withdraw the Petition. I understand that you will forward the medical records previously requested together with the original medical authorization for the York Hospital. In response to your Inquiry, the correspondence to Ms. Stone was prepared prior to receiving your Entry of Appearance. We will advise regarding the IME appointment date as soon as it is set. Very truly yours. METZGER, WICKERSHAM. KNAUSS & ERB. P.C. ~Qc:L!r~ ~Hildabrand KRH/jab Chri'tli..n S. Erb, Jr. Robert E. Yt.'th.'r IJmcs F.C.ul Robert r~ Rt.'t.od Edw.1rd E. KnJu!>'I, IV. lcrl'd l.l-fock K.ul R. HilrJabrand. Rirh,trl.f A. Omb.\' ~tc\"L'n J~ ~lllh.'r CIJrkDe\'l're EXHIBIT "F" '[hi'll L'ITtrjW 'n .11'11 froo" Lr.I' mrJ .hI1l~',1,11 ""\l!: . "~I f'uJ,1..1:1\.:,'.1 ... ,...... . NORMA G. STONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS, 96-5991 CIVIL TIMOTHY JOE LENTZ, Defendant CIVIL ACTION - LAW IN RE: DEFENDANT'S MOTION TO COMPEL AND NOW, this ORDER , -4X. day of December, 1998, on request of counsel for the defendant, argument on the within motion is continued generally. BY THE COURT, Craig B. Sobel, Esquire For the Plaintiff /c~,/Id in A. Hess, J. Karl R. Hildabrand, Esquire For the Defendant - ~L~ t'I'>'~ /:J./498. .J<5.f. :rlm ..... " , " ~ '; r-.: (' .. ! !:: "~,', , '.'.'l. '.il i ~ .:.:' '; _ I ;. 1 , 0\ \ I i \ \ I . . '. . . " ') ( 0' f , , ~, , ( I .' NORMA O. STONE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 96-5991 CIVIL TERM TIMOTHY JOE LENTZ, Defendant. PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended with prejudice. Respectfully submitted, ~C?~~__~-~<--.=- KARL R. HILDABRAND, ESQ. ORDER This action is discontinued as stated above. PROTHONOTARY DATED:.. J {/,( 0, 197( BY: /da,,-i,)j)~ I ( -- c fi; COol ~ N , ~ N '5 wf.! h$ '2r~, .,.. O:~ ,....' ~ :.>: '~rc ~:J~ .. (;1(- , M ':SlJ @,:. u'':. r;-z ....J\" , 'litO [C':- :5 wn.. j. .. ~ 'J, en L' en 0