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HomeMy WebLinkAbout00-02624SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and doing business as HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION #: 00-2624 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Supplemental Answers to Production of Documents by way of letter to Philip Neiderer, DO from Mark P. Holencik, DO dated June 30, 2004 was furnished by U.S. Mail, first class, postage prepaid on this 28th day of July 2004, to: C. Roy Weidner, Jr., Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 BRA'I'LC & PORTKO Dated:w r Dus Bratic Att mey I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff n ° 0 p ? ' ?o ?b SUE BARBARA BISKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION #: 00-2624 FRED W. HILDENBRAND and : RUSSELL J. HILDENBRAND, . Individually and doing business as : HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must 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 objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is corte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere quo usted cumpla con todas law provisiones de esta demanda. Usted puede perder dincro o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and : RUSSELL J. HILDENBRAND, . Individually and doing business as : HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION #: 00-2624 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Sue Barbara Bisker is an adult individual residing at 276 Oxford Road, Gardners, Adams County, Pennsylvania 17324. 2. The Defendant Ronald Lee Kelly is an adult individual residing at RD #2, Box 575, Ruffs Dale, West Moreland County, Pennsylvania 15679. 3. Defendants Fred W. Hildenbrand and Russell J. Hildenbrand are adult individuals trading and doing business as Hildenbrand Lime and Fertilizer, with a business address of RD #2, Box 750, Ruffs Dale, West Moreland County, Pennsylvania 15679. 4. The facts and occurrences hereinafter related took place on or about May 1, 1998 at or about 1:15 P.M. at or about the intersection of SR 0094 (Baltimore Road) and School House Road, South Middleton Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff Sue Barbara Bisker was driving a 1983 Buick LeSabre automobile. 6. At the aforesaid time and place Plaintiff Sue Barbara Bisker was stopped facing North on SR 0094 preparing to make a left hand turn onto School House Road. COUNTI SUE BARBARA BISKER v. RONALD LEE KELLY 7. All of the aforesaid averments contained in paragraphs 1 through 6 are realleged and incorporated by reference as if more specifically plead herein. 8. At the aforesaid time and place Ronald Lee Kelly was driving a 1989 Peterbilt truck and was traveling North on SR 0094 behind the vehicle operated by the Plaintiff. 9. Defendant, Ronald Lee Kelly, was traveling in the same lane as the vehicle operated by Plaintiff, which had stopped with her left turn signal on waiting to make a left hand turn onto School House Road. The vehicle operated by Defendant, Ronald Lee Kelly, and owned by Defendants Fred W. Hildenbrand and Russell J. Hildenbrand, smashed into the rear of the vehicle operated by Plaintiff, which had stopped waiting to make a left hand turn. This impact pushed Plaintiffs vehicle across the southbound lane of travel and into a yard on the far side of the roadway. The impact of the collision totaled Plaintiff's vehicle and tore out the supporting structures of the driver's seat. 10. At that time and place stated in paragraph 4, the vehicle operated by Defendant, Ronald Lee Kelly was caused or allowed to go out of control smashing into the vehicle operated by Sue Barbara Bisker and causing the Plaintiff to sustain the serious injuries set forth below. 11. Said collision and all of the herein mentioned injuries and damages sustained by Plaintiff are the direct result of the negligent, careless and reckless manner in which Defendant Ronald Lee Kelly operated his vehicle as follows: (a) In failing to keep proper and adequate control over his vehicle; (b) In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property in violation of 75 Pa.C.S.A. Section 3714; (c) In failing to drive the vehicle at a save speed and to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. Section 3361; (d) In failing to apply his brakes in time to avoid striking the vehicle in which Plaintiff was a operator; (e) In being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions in violation of 75 Pa.C.S.A. Section 3304; (f) In driving his vehicle behind the vehicle in which Plaintiff was riding at a distance too close for the safety of the Plaintiff in violation of 75 Pa.C.S.A. §3310; (g) Failing to operate his vehicle with due regard to existing traffic conditions and in careless disregard of other persons in violation of 75 Pa.C.S.A. Section 3714; (h) In following the Plaintiffs vehicle more closely than was reasonable and prudent, having due regard for the speed of vehicles and the traffic upon and the condition of the highway in violation of 75 Pa.C.S.A. Section 3310; (i) Driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 12. Solely as a result the Defendant's negligence Plaintiff Sue Barbara Bisker suffered serious permanent injuries including but not limited to abrasions, contusions and injury to her muscles and nerves which include among other injuries: (a) Cervical Neck Sprain/Strain; (b) Headaches and post concussive syndrome; (c) Dizziness, vertigo and nausea; (d) Neck, arm and shoulder injuries and pain; (e) hijuries to her elbow and carpel tunnel syndrome; (t) Thoracic outlet syndrome; (i) Temporomandibular joint injuries; 6) Disc herniations and back injuries; 13. As a result of her injuries, Plaintiff Sue Barbara Bisker has undergone in the past and will in the future continue to undergo great pain, suffering and disfigurement. 14. As a result of her injuries, Plaintiff Sue Barbara Bisker has suffered past wage losses and a permanent disability, loss of wages, and a permanent impairment of her earning power and capacity. 15. As a result of her injuries, Plaintiff Sue Barbara Bisker has sustained a permanent diminution and the ability to enjoy life and life's pleasures. 16. As a result of her injuries the Plaintiff Sue Barbara Bisker has incurred medical expenses and will continue to incur medical expenses and supplies in the future and a claim is made therefore. 17. As a result of the injuries she will in all likelihood have to undergo surgery and experience scarring, which will result in a permanent disfigurement, and claim is made therefore. 18. Plaintiff Sue Barbara Bisker continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. WHEREFORE, Plaintiff Sue Barbara Bisker demands judgment of the Defendant Ronald Lee Kelly in an amount in excess of Thirty-five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT H SUE BARBARA BISKER v. FRED W. HILDEN13RAND & RUSSELL J. HILDENBRAND T/D/B/A HILDENBRAND LIME & FERTILIZER 19. All of the aforesaid averments contained in paragraphs 1 through 18 are realleged and incorporated by reference as if more specifically plead herein. 20. The vehicle which collided with Sue Barbara Bisker was owned by the Defendants Fred W. Hildenbrand and Russell J. Hildenbrand and was at all times relevant hereto being operated by a servant, agent or employee of Fred W. Hildenbrand and Russell J. Hildenbrand and their business Hildenbrand Lime and Fertilizer, who was then and there engaged in and upon the performance of duties of employment within the scope of the said servant agent or employee's authority or employment and upon the business of the Defendant. 21. At all times relevant hereto Defendants Fred W. Hildenbrand and Russell J. Hildenbrand were the owners of the 1989 Peterbilt truck. WHEREFORE, Plaintiff Sue Barbara Bisker demands judgment of the Defendants Fred W. Hildenbrand and Russell J. Hildenbrand, t/d/b/a Hildenbrand Lime and Fertilizer, in an amount in excess of Thirty-five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. & PORTKO Dated ( 6 Dusan Bratic, Esquire ID # 19249 101 SouthU.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff VERIFICATION I, m Barbara Bi skPr , hereby acknowledge that I am a Plaintiff . the foregoing action and that I have read the Complaint , and the facts stated therein are true and correct to the best of my knowledge, information and belief, I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/21/01 SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and : RUSSELL J. HILDENBRAND, . Individually and doing business as : HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION #: 00-2624 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was furnished by U. S. Mail, first class, postage prepaid on this -4 day of June 2001, to: C. Roy Weidner, Jr., Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. BOX 109 Lemoyne, PA 17043-0109 & PORTKO Dated b Dbsan Bratic Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants SUE BARBARA BISKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2624 CIVIL TERM V. CIVIL ACTION - LAW FRED W. HILDENBPAND and RUSSELL J. HILDENBRAND, Individually and d/b/a JURY TRIAL DEMANDED HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, this Z &4 day of July, 2001, come Defendants, through their undersigned attorneys, and answer Plaintiff's complaint as follows: Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment. 2. Denied in Part. Admitted in Part. The address is denied. The remainder of this averment is admitted. 3. Denied in Part. Admitted in Part. The address is denied. The remainder of this averment is admitted. 4. Denied in Part. Admitted in Part. The identity of the intersecting road is denied in that after a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment. The remainder of this averment is admitted. I 5. Admitted in Pail. Denied in Part. It is admitted that Plaintiff's car was a Buick. The remainder of this averment is denied in that after a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment. 6. Denied. After a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment. COUNTI Sue Barbara Bisker v. Ronald Lee Kelly 7. Admitted in Part. Denied in Part. Paragraphs 1 - 6 hereof are incorporated by reference herein. 8. Admitted. 9.-12. Denied. 13.-18. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. WHEREFORE, Defendants demand that Plaintiffs complaint against them be dismissed. COUNT 11 Sue Barbara Bisker v. Fred W. Hildenbrand & Russell J. Hildenbrand tld/b/a Hildenbrand Lime & Fertilizer 19. Admitted in Part. Denied in Part. Paragraphs 1 - 18 hereof are incorporated by reference herein. 20. Admitted. 21. Admitted. WHEREFORE, Defendants demand that Plaintiffs con JO By :147853 5774-340 VERIFICATION The undersigned says that the facts set forth in the foregoing answer are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsifications to authorities. Ronald L. Kelly Dated: c CERT/F/CATE OF SERV/CE AND NOW, this r r?? day of July, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWART & WEIDNER By: Miehelle Hagy ? AUG 0 3 2005 SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and : RUSSELL J. HILDENBRAND, . Individually and doing business as : HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION #: 00-2624 JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANTS MOTION TO COMPEL DISCOVERY AND NOW, this 2nd day of August, 2005, come the Plaintiff, Sue Bisker by and through her attorney, and Answers Defendants Motion to Compel Discovery as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The medical authorizations are overly broad and serve no additional purposes and to the best of Plaintiff's knowledge are not authorized by the Rules of Civil Procedure. 7. Neither Admitted or Denied. The Defendant can seek the materials through subpoenas. There is no requirement that Plaintiff sign medical authorizations. WHEREFORE, the Plaintiff moves that an Order be entered requiring subpoenas be issued for a full and complete copy of Plaintiff's medical records and provide Plaintiff's counsel with copies of the records received. NEW MATTER 8. All of the aforesaid averments contained in paragraphs 1 through land those contained hereinafter are realleged and incorporated by reference as if more specifically plead herein 9. Plaintiff s counsel sent a letter dated June 30, 2005 to Judy Theres, R.N., LNC informing her to seek the information through subpoenas. A copy of which is attached hereto. WHEREFORE, the Plaintiff moves that an Order be entered requiring subpoenas be issued for a full and complete copy of Plaintiffs medical records and provide Plaintiffs counsel with copies of the records received. & PORTKO Dated: Wan Bratic, Esquire Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff i DUSAN BRATIC, ESQ. STEPHEN K. PORTKO, ESQ. BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SurrE A 101 SOUTH U.S. ROUTE 15 DILLSBURG, PENNSYLVANIA 17019 June 30, 2005 Judy Theres, R.N., LNC Medical Case Manager Susquehanna Rehabilitation Services PO Box 335 Mechanicsburg, PA 17050 Re: Bisker v. Hildenbrand et al. Civil Action #00-2624 Dear Ms. Theres: (717) 432-9706 (717) 432-2538 FAX (717) 432-9220 We have received a request from you to obtain the medical records of our client, Sue Bisker in reference to the above matter. We would appreciate it if you would subpoena the records and provide us with copies accordingly. Thank you. Very truly yours, Dusan Bratic DB/dlg cc: C. Roy Weidner, Jr., Esquire SUE BARBARA BISKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION #: 00-2624 FRED W. HILDENBRAND and : RUSSELL J. HILDENBRAND, . Individually and doing business as : JURY TRIAL DEMANDED HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff's Response To Defendants Motion To Compel Discovery was furnished via fax and by U.S. Mail, first class, postage prepaid on this 2°d day of August 2005, to: C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 & PORTKO Dated: 2 b S D(asan Bratic, Esquire Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff iUl jr, L7 "•1 s'" c- i nib ° - ? e i 'tom r0 Fri trr ^: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and doing business as HILDENBRAND LIME & FERTILIZER R.D. #2, Box 575, Ruffs Dale, Pennsylvania, 15679 and RONALD LEE KELLY R.D. #2, Box 750 Ruffs Dale, Pennsylvania, 15679 Defendants FILE NO.: CIVIL ACTION: [)h .? ?t ?£ftt? I PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in a civil action regarding an accident that occurred on May 1, 1998, in Cumberland County, Pennsylvania in the above referenced case. Writ of Summons shall be issued and forwarded Date:. V- 2 10 0 Attomey/Sheriff. Dusan Bratic, Esquire 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Supreme Court ID: 19249 SUMMONS IN CIVIL ACTION TO: Defendants YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. r thonotary/Clerk, Civil Divisio Date: ?4" ? I P 0«-6 DLa Deputy SHERIFF'S RETURN - OUT OF COUNTY .1 .1 CASE NO: 2000-02624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BISKER SUE BARBARA VS HILDENBRAND FRED W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HILDENBRAND RUSSELL J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WESTMORELAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 17th , 2000 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: So answer - Docketing 18.00 - Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep. Westmoreland 113.70 Sheriff of Cumberland County .00 150.70 11/17/2000 DUSAN BRATICE & ASSOCIATES Sworn and subscribed to before me this 301c, day of - ,Zoyav A. D. 1!4, . Prothonotdry SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BISKER SUE BARBARA VS HILDENBRAND FRED W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HILDENBRAND FRED W but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WESTMORELAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 17th , 2000 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: Docketing Out of County Surcharge .00 16.00 11/17/2000 DUSAN BRATIC & ASSOCIATES So answ rs: 6.00 / .00 10.00 I;e.-Thomas Kline .00 Sheriff of Cumberland County Sworn and subscribed to before me this ,30 tl? day of A.D. Prothonotar ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BISKER SUE BARBARA VS HILDENBRAND FRED W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HILDEBRAND FRED W D/B/A HILDEBRAND LIME & FERTILIZER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WESTMORELAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 17th , 2000 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: So ans rs: = Docketing 6.00 ?, _ Out of County .00%G Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County nn L V V V 11/17/2000 DUSAN BRATIC & ASSOC Sworn and subscribed to before me this -do ? day of Wvve4k_gce o? U,rO A. D. _ n a lIt) 732te2w Prothon ta`ry' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BISKER SUE BARBARA VS HILDENBRAND FRED W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HILDEBRAND RUSSEL J D/B/A HILDEBRAND LIME & FERTILIZER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WESTMORELAND serve the within WRIT OF SUMMONS County, Pennsylvania, to On November 17th , 2000 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: So answ s: Docketing 6.00 i' Out of County .00 / Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County nn lu.vv 11/17/2000 DUSAN BRATIC & ASSOCIATES Sworn and subscribed to before me this 3a day of 72?? o2p?? A. D. ,ems ? 7)ur?.._. Prothonotd"r? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-02624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BISKER SUE BARBARA VS HILDENBRAND FRED W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KELLY RONALD LEE to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WESTMORELAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 17th , 2000 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: So answ s: Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 11/17/2000 DUSAN BRATIC & ASSOCIATES Sworn and subscribed to before me this ,30 ? day of ?1?? db?0 A. D. ProthonotAr WESTMORELAND CgUNTY SHERIFF OFFICE 2 NORTH MAIN STREET t GREENSBURG, PA 15601 (724) 830-3822 FAX (724) 836-3660 CHRIS SCHERER CHUCK MOORE SHERIFF HIEF DUPUTY /'CUMBERLAND COUNTY PLAINTIFF: SUE BARBARA BISKER CASE# 2624 of 2000 VS. DEFT(S): FRED W. HILDENBRAND and RIISSELL J. HILDENBRAND, individua y an odng usiness as HILDENBRAND LIA4E >$ FERTILIZER; and, RONALb LEE KELLY FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, SERVE: ndi-v;a. all --- aging buss ass c 1111-DEPMAND (Deft (s)/Gam*R E A FERTILIZER ADDRESS: R. D. #2, Box 575 Ruffsdale, PA 15674 LAST DAY TO SERVE: 5/28100 City of INDICATE TYPE OF SERVICE: o PERSONAL O PERSON IN CHARGE o DEPUTIZE O CERT.MAIL O POSTED O OTHER O LEVY ? SEIZED & STORED NOW: 20 I, SHERIFF OF WESTMORELAND COUNTY, PA do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law This deputation being made at the request and risk of the Plaintiff. Ck# $ SHERIFF'S OFFICE USE I hereb CERTIFY and RETURN that on the Z.3 Vp day of 11: ? o'clock, 4dPP.M. Address Above/AddressiBelea, ounty I have served in the manner Described below: Defendant(s) personally served. 5 eLL z 4, h ep4moi V? Adult in charge of Defendant's residence at time of service (name & relat. o NOTICEICOMPLAINT WSUMMONS (2) No orig. ? REVIVAL OR SCI FA ? SEIZURE OR POSSESSION ? EXECUTION/LEVY, GARNISHEE ? INTERROGATORIES o OTHER- ATTY:Bratic & Portico ADDRESS: 0 ice enter, uite, uth II R PHONE: )mo, at , Pennsylvania o Manager/other person authorized to accept service (Agent or person in charge of Defendant(s) office or usual place of business. FAA5CXJ- - O1 WW6 II? Other ? Property Posted Defendant not found because: ? Moved ? Unknown ? No Answer ? Vacant ? Other o Certified Mail ATTEMPTS _ ? Regular Mail County Costs and Notary Public/Prol Prothonotary White copy DATE Date „y (Westmoreland County) Date Attorney Canary Copy Sheriff Pink Copy Deputized Sheriff P1 C py I RECEIPT# PAGE#:!-?14 WESTMORELAND COUNTY SHERIFF OFFICE a 2 NORTH MAIN STREET GREENSBURG, PA 15601 (724) 830-3822 FAX (724) 836-3660 CHRIS SCHERER CHUCK MOORE SHERIFF CHIEF DUPUTY 03ERMW COUNTY PLAINTIFF: SUE BARBARA BISKER CASE# 2624 of 2000 SERVE: RONALD LEE KELLY (Deft (syGamishee) ADDRESS: R. D. #2 Boa 750 Ruffsdale. PA 15679 LAST DAY TO SERVE: 5/28/00 ? NOTICEICOMPLAINT I SUMMONS (1) No orig. ? REVIVAL OR SCI FA ? SEIZURE OR POSSESSION ? EXECUTION/LEVY, GARNISHEE ?INTERROGATORIES ? OTHER ati Port o._ 1 "ou " ou a 15 Dillsburg. PA 17019 PHONE: INDICATE TYPE OF SERVICB: ? PERSONAL ? PERSON IN CHARGE El DEPUTIZE ? CERT.MAIL o POSTED O OTHER O LEVY o SEIZED & STORED NOW: 20I, SHERIFF OF WESTMORELAND COUNTY, PA do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law This deputation being made at the request and risk of the Plaintiff. Ck# $ SHERIFF'S OFFICE USE ONLY I hereby CERTIFY and RETDescOned on the Z3 EV day of f20 CC) , at o'clock, Address Above/A4eesslelew, County o Pennsylvania I have served in the manner below: ? Defendant(s) personally served. Pi(Adult in charge of Defendant's residence at time of service (name & relationship) ItdA f?GI?? ' ? Manager/other person authorized to accept service ? Agent or person in charge of Defendant(s) office or usual place of business. ? Other ? Property Posted Defendant not found because: ? Moved ? Unknown ? No Answer ? Vacant ? Other ? Certified Mail ? Regular Mail ATTEMPTS Westmoreland County Costs DS/Notary Deputized County Costs Costs Due Refund Total Costs (West. Co. Only) e AFF RMED and su c ihed to before me this d 2QQd putiz Sheriff Date NOTARIAL SEAL MONTICUE, Notary ublic Notary Public/Prothon of Greensburg.pir June Westmore o (Westmoreland County) Date Prothono ry Wh' a copy mmis ony f Pink Copy Deputized Sheriff Gold opy DATE .//-d? PAGE# RECEIPT# In The Court of Common Pleas of Cumberland County, Pennsylvania Sue Barbara BiskcK Fred W. Hil,denbrand, et. al. Serve: Fred W. Hildenbrand, ind., No. 20-2624 & d/b/a Hildenbrand Lime & Fertilizer Now, 5/l/00 , 20 0 0 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Westmoreland County to execute this. Writ, this deputation being made at the request and risk of the Plaintiff. g Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 20, at o'clock M. served the and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of ; 20 COSTS SERVICE _ MILEAGE AFFIDAVIT County, PA $ In The Court of Common Ideas o Cumberland County, Pennsylvania Sue Barbara Biska Fred W. Hildenbrand, et. al. Serve: Serve: Russel J. HildenbrandNaL. .20-2624 Civil ind, & d/b/a Hildenbrand Lime & Fertilizer Now, 5 / 1 / o 0 , 20 0 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Westmoreland County to execute this Writ,. this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of 20 20, at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA I The Court of Common Plea& of Cumberland County"Pennsylvania Sue Barbara BiskEK Fred W. H-ildenbrand, et. al. Serve: Ronald Lee Kelly No. 20-2624 Now, 5 /l/00 -,20 0 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Westmoreland - County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn arrd subscribed before me this _ day of 20 20 at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA X? Olt, `>?' Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEC/PE TO ENTER APPEARANCEAND RULE TO FILE COMPLAINT AND NOW, this AA day of May, 2001, enter our appearance for Defendants and issue a rule to Plaintiff to file a complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros. JOHNSON, DUFFIE, STEWART & WEIDNER Bv. C. Roy ner, Jr. RULE TO FILE COMPLAINT TO THE PLAINTIFF: AND NOW, this ?fLday of 2001, a Rule is hereby issued to you to file your complaint in the above-captioned action within -twenty (20) days of the date of service hereof, or suffer judgment of non pros. :146483 5774-340 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 00-2624 CIVIL TERM CURTIS R. LONG, PROTHONOTARY By: ?e a Dep y C? ?C- 4J r 9 '7 SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants ORDER OF COURT NO. 00-2624 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this 21 day of 2001, upon consideration of the foregoing motion to compel answers to interrogatories and request for production of documents, it is ordered that Plaintiff provide the requested answers within zo days of service of this order, or show cause why such answers are being withheld. Failure to comply with this order will result in sanctions as provided by Pa. R.Civ.P. 4019. N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n n'?? 1 G??JV?L?.?ia.??/1 e? m? Uv ? ?. C c a SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS BY PLAINTIFF AND NOW, this 44111 11 day of August, 2001, come Defendants, through their undersigned attorneys, and move for an order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. The Plaintiff is represented in this matter by Dusan Bratic, Esquire, Bratic & Portko, 101 South U.S. Route 15, Dillsburg, Pennsylvania 17019; telephone (717) 432-9706; facsimile (717) 432-9220. 2. Plaintiffs complaint is for personal injuries suffered in a May 1, 1998 motor vehicle accident when a vehicle owned by Fred W. Hildenbrand and Russell J. Hildenbrand and operated by Ronald Lee Kelly collided with the rear end of Plaintiffs vehicle. 3. Plaintiff claims multiple injuries including: cervical neck sprain/strain; headaches and post concussive syndrome; dizziness, vertigo and nausea; neck, arm and shoulder injuries and pain; injuries to her elbow and carpel tunnel syndrome; thoracic outlet syndrome; temporomandibular joint injuries; and disc herniations and back injuries. 4. On June 4, 2001, Defendants propounded interrogatories and a request for production of documents to Plaintiff. f ' I 5. A copy of the interrogatories propounded to Plaintiff is attached hereto, incorporated by reference herein and marked as Exhibit "A". 6. A copy of the request for production of documents propounded to Plaintiff is attached hereto, incorporated by reference herein and marked as Exhibit "B". 7. Plaintiff wholly has failed to answer, object or otherwise respond to the interrogatories and request for production of documents which are the subject of this motion. 8. The undersigned wrote to Plaintiff's counsel on July 24, 2001 attempting to resolve this situation and obtain answers to discovery without resort to the court, but Plaintiffs counsel has wholly failed to respond as of the day and year first above written. 9. Defendants request that an order be entered pursuant to Pa. R.C.P. No. 4019(a)(1)(i), (vii) and (viii) requiring that Plaintiff serve full and complete answers to the outstanding interrogatories and request for production of documents which are the subject of this motion verified by the Plaintiff, along with the documents requested. WHEREFORE, Defendants respectfully request that an order be entered directing that Plaintiff serve Defendants' counsel at his office with full and complete answers to Defendants' interrogatories and request for production of documents verified by the Plaintiff, along with the documents requested or suffer sanctions, including dismissal of this action. JOHNSON, DUFFIE, STEWART & WEIDNER By. , C. Roy VViakftIFF, Jr. Attorney I.D. No. 1 0 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Facsimile (717) 761-3015 Attorneys for Defendants :149194 5774-340 f CERTIFICATE OF SER VICE AND NOW, this 215` day of August, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing motion upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWART & WEIDNER By: d" ichelle Hagy -?? f Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants SUE BARBARA BISKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2624 CIVIL TERM V. CIVIL ACTION - LAW FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a JURY TRIAL DEMANDED HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants DEFENDANTS'INTERROGATORIES TO PLAINTIFF Set No. 9 TO: Sue Barbara Bisker c/o Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 AND NOW, this day of June, 2001, Defendants serve upon you written interrogatories pursuant to Pa. R.C.P. No. 4005. These interrogatories are to be answered in accordance with the requirements of Pa. R.C.P. No. 4006, particularly in regard to the insertion of answers in the spaces provided. Reference to extrinsic matters and attachments will not be considered compliance with Pa. R.C.P. No. 4006. In accordance with Pa. R.C.P. No. 4002.1, these interrogatories have not been filed with the Court. JOHNSON, DUFFIE, STEWART & WEIDNER a-oy Weid'• r. :146804 5774-340 A. CONSTRUCTION These interrogatories shall be construed and interpreted in accordance with the Pennsylvania Rules of Civil Procedure. Other terms used herein shall have the same meaning as they have when used in the pleadings, or in other discovery requests where such terms are defined. In addition, the following words shall have the following meanings: 1. "Describe, description" or similar words shall mean to give a detailed narrative description, giving all particulars known by you. 2. "Document" shall mean the original or a copy of any written, printed, typed, or other graphic matter of any kind or nature, including those items that are stored in a non-graphic form, but which can be retrieved and transferred to a graphic form, and any other similar tangible thing in your custody or control. When used with reference to an occurrence or event, it shall include any such matter which evidences, memorializes or refers to such occurrence or event. 3. "Identify" or "Identity" or similar words shall mean: with reference to a person, to state his name, residence address, residence telephone number, present occupation and/or business affiliation and position, business address and telephone number; with reference to any other entity, to state its name, business or other purpose, address, telephone number and the identity of any person or persons associated with the entity who may have knowledge of matters related to the instant action; with reference to a document, to state the nature and content of the document, the identity of the maker, the date, if any, of the document, the original creation date of the document, and the present whereabouts of the original of the document; and with reference to an object, to describe the object and identify its custodian. 4. "Person" shall mean any natural person, partnership, corporation, or other business or government entity and all present and former officers, directors, agents, employees, attorneys, and others acting or purporting to act on behalf of such natural person, partnership, corporation, or other business or government entity. R ( , I 5. "Relating to" shall mean constituting, referring to, reflecting, evidencing, memorializing, concerning, pertaining to, or in any way logically or factually connected with the matter referred to in the interrogatory. 6. "State, "State the manner of" or "State the basis" or similar words shall mean to recite with particularity, in detail and in narrative fashion all facts known or believed by you to support the subject statement or proposition, including, but not limited to: dates, times, places, the identity of persons or things, and acts or omissions. 7. "Subject incident" shall mean the collision involving Plaintiffs vehicle and one owned by Hildenbrand Lime & Fertilizer and operated by Ronald Lee Kelly at or near the intersection of School House Road and Route 94 in Gardners, Pennsylvania. 8. "Treatment" shall mean medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices. 9. "You" or "your" shall mean the party to whom these interrogatories are addressed, and any persons, natural or otherwise, acting on behalf or with the knowledge of such party. k 5 B. INSTRUCTIONS 1. If you claim any privilege not to answer or respond as requested, identify each matter to which you claim the privilege, the nature of the privilege, and the legal and factual basis for the claim of privilege. 2. If a refusal to answer or respond as requested is based on the grounds that it is unreasonably burdensome, identify the number and nature of documents needed to be searched, the location of the documents, and the number of person-hours and costs required to conduct the search. 3. If you cannot answer or respond as requested in full, answer or respond to the extent possible, and specify the reasons for your inability to answer or respond fully. L C. INTERROGATORIES State your full name, the date and place of your birth, and your social security number. ANSWER: .??? -?umcw+wu Maaw. 2. State the address,of your present residence and the address of each other residence which you have had during the past five years. ANSWER: 3. Describe your present occupation and your occupations for the past five years, giving the name and address of each employer that you have had during that period. ANSWER: 4. Identify the schools you have attended and describe the degrees or certificates awarded, if any. ANSWER: 5. Identify any person who will be a witness to the matters complained of with regard to the subject incident. ANSWER: Describe all admissions against interest by Defendants or those acting on Defendants' behalf concerning the subject matter of this action, including the identity of the person to whom the admission was made. ANSWER: Identify all health care practitioners from whom you sought diagnosis or treatment for the five years preceding the subject incident. ANSWER: 8. Identify all health care practitioners from whom you have received treatment as a result of injuries which you suffered in the subject incident. ANSWER: 9. Describe all employment for which you were rejected or for which you did not apply as a result of any physical or other injuries suffered in the subject incident, including: a. The identity of the potential employer; and b. The date(s) the position was open. ANSWER: 4 HaL?OU.xP1+N4tl:r:. 10. Identify all insurers or persons which have paid any benefit to you or others, including reimbursement for lost wages and medical expenses, as a result of injuries suffered in the subject incident. ANSWER., Y 11. If, either prior to or subsequent to the subject incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the subject incident, state: a. The injury or disease you suffered; b. The date and place of any accident, if such injury or disease was caused by an accident; C. The identity of hospitals, doctors or practitioners who rendered treatment or examination because of such injury or disease; and d. The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. ANSWf^R: ?wuader?m?,. I 12. If you have asserted any other claims as a result of the incident, state: a. The identity of any person against whom such a claim was asserted. b. The complete caption of any action brought against such person. C. The identity of the person's attorney. d. The identity of the person's insurer. ANSWER: 13. Were you covered by a policy of automobile insurance at the time of the incident which provided for limited tort coverage? ANSWER: 14. If your answer to the foregoing Interrogatory is in the affirmative, state any reasons that you believe that you are not bound by the limited tort election under such policy. ANSWER: 15. If you contend that your injuries were serious injuries in relation to your limited tort election, state what bodily functions, if any, were impaired because of injuries sustained in the incident. ANSWER: 16. For each bodily function which you claim was impaired in answer to the previous interrogatory, state separately: a. the extent of the impairment; b. the length of time that the impairment lasted; C. the treatment required to correct the impairment; d. any other factors which you deem relevant to a determination of the seriousness of the impairment; e. the identity of any treatment providers who will testify in support of your claim that it was a serious impairment of that bodily function. ANSWER., * r 17. In the event that any treatment provider has imposed limitations and restrictions on your activities because of injuries sustained in the incident as a result of medically determined functional limitations, state for each instance where such limitations and restrictions were imposed: a. the limitations and restrictions imposed; b. the date that they were imposed; C. the duration for which they were imposed; d. the identity of the treatment provider that imposed the limitation or restriction; e. the identity of any document that contains the limitations or restrictions; f. if imposed as a result of any test or diagnostic study, for each such test or diagnostic study state: (i) the date of such test or study; (ii) the nature of such test or study; (iii) the identity of the treatment provider who performed or interpreted such test or study; (iv) the identity of any document that records or reports the results and interpretation of such test or study. ANSWER: VERIFICATION The undersigned says that the facts set forth in the foregoing answers are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsifications to authorities. Sue Barbara Bisker L } f ) Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUE BARBARA BISKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2624 CIVIL TERM V. CIVIL ACTION - LAW FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a JURY TRIAL DEMANDED HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF TO: Sue Barbara Bisker c/o Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 AND NOW, this 4A day of June, 2001, Defendants, through their undersigned attorney, request that you produce the documents hereinafter specified at the offices of the undersigned within 30 days of the date of service hereof upon you, in accordance with the requirements of Pa. R.C.P. No. 4009.12. In accordance with Pa. R.C.P. 4002.1, this request has not been filed with the Court. Your responses are to be supplemented in accordance with Pa. R.C.P. No. 4007.4. JOHNSON, DUFFIE, STEWART & WEIDNER . Roy Wei :146803 5774-340 A. CONSTRUCTION These requests shall be construed and interpreted in accordance with Pennsylvania Rules of Civil Procedure. The terms used herein shall have the same meaning as they have when used in the pleadings, or in other discovery requests where such terms are defined. In addition, the following words shall have the following meaning: 1. "Complained of by Plaintiff" shall mean the averments in Plaintiffs complaint and opinions set forth in Plaintiffs expert witness reports. 2. "Defendant" shall mean the party or parties propounding this discovery, unless otherwise specified. 3. "Document" shall include writings, drawings, graphs, charts, photographs, electronically created data and other compilations of data from which information can be obtained, translated, if necessary, by you or those acting on your behalf through detection or recovery devices to hard copy. 4. "Subject incident" shall mean the collision involving Plaintiff's vehicle and one owned by Hildenbrand Lime & Fertilizer and operated by Ronald Lee Kelly at or near the intersection of School House Road and Route 94 in Gardners, Pennsylvania. 5. "Relating to" shall mean constituting, referring to, reflecting, evidencing, memorializing, concerning, pertaining to, or in any way logically or factually connected with the matter referred to in the request. 6. "Treatment" shall mean medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices. 7. "You" or "your" shall mean the party to whom these requests are addressed, and any persons, natural or otherwise, acting on behalf or with the knowledge of such party. B. SPECIFIC REQUESTS All reports of any investigation of the incident. ANSWER: 2. All statements concerning the action or its subject matter as provided by Pa. R.C.P. No. 4003.4. ANSWER: 3. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of the scene of the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: 4. All other photographs, videotapes, diagrams or other depictions of the scene of the incident. ANSWER: 5. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any injuries or residuals of injuries from the incident, including photographs taken by you, experts and others. ANSWER: 6. All other photographs, videotapes, diagrams or other depictions of any injuries or residuals of injuries from the incident. ANSWER: 7. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any vehicles and/or property involved in the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: 8. All other photographs, videotapes, diagrams or other depictions of any vehicles and/or property involved in the incident. ANSWER: 9. All bills by treatment providers from whom you received treatment for the injuries which you claim to have suffered in the incident. ANSWER: 10. All reports of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: 11. All records of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: 12. If you are claiming a loss of earnings or earning capacity, all of your federal, state and local income tax returns as filed and with attachments for the five years preceding the incident through the most recent such filing. ANSWER: 13. If you are claiming a loss of earnings or earning capacity, all reviews of your employment performance by any employer for the five years proceeding the incident until the most recent such review. ANSWER: 14. If you are claiming a loss of earnings or earning capacity, all letters, notices, or like communications from any employer relating to your employment for the five years preceding the incident until the most recent such communication. ANSWER: I i , 15. If you are claiming a loss of earnings or earning capacity, all pay stubs, check stubs, direct deposit confirmations, or other such documents relating to any payments of compensation received by you from any employer for the year preceding the incident until the most recent such payment was received by you. ANSWER: 16. If you are claiming a loss of earnings or earning capacity, all statements of employment related benefits provided to you by any employer for the five years preceding the incident until the most recent such statement was provided to you. ANSWER: 17. If you are claiming a loss of earnings or earning capacity, any publication describing your fringe benefits. ANSWER: 18. If you are claiming a loss of earnings and earning capacity and received workers' compensation benefits as a result of the incident, all of the following documents related to your workers' compensation claim: (a) wage statements; (b) notices of compensation payable; (c) compensation agreements; (d) awards of compensation; (e) supplemental agreements; and (f) decisions terminating, suspending or modifying compensation, or approving commutations or settlement and release agreements. ANSWER: r Y 1 19. All declaration pages or similar documents relating to insurance benefits available to you as a result of the incident. ANSWER: 20. All applications or other forms relating to any insurance benefits claimed by you as a result of injuries that you claim to have suffered in the incident. ANSWER: 21. All statements by any insurer relating to any acceptance, denial or payment of any claim by you for insurance benefits as a result of injuries that you claim to have suffered in the incident. ANSWER: 22. All statements by any insurer stating the amount or amounts of benefits paid to you as a result of injuries that you had claim to have suffered in the incident. ANSWER: 23. All documents about which you intend to question any witness (including non-party witnesses) at any deposition. ANSWER: 24. All documents about which you intend to question any witness (including non-party witnesses) at trial. ANSWER: 4 25. All documents which you intend to use as exhibits at trial. ANSWER: 26. All reports of expert witnesses whom you intend to call at trial. ANSWER: 27, All documents which you intend to offer as evidence at trial. ANSWER: 28. All documents which you intend to otherwise use at trial. ANSWER: 29. All documents identified or referred to in your answers to interrogatories. ANSWER: 30. Any release or other agreement entered into by you or on your behalf settling, reducing, releasing or limiting the liability to you of any other person arising from or relating to the incident, whether or not that person is a party to this action. ANSWER: 31. Any pleadings (including any praecipe, writ or appearance) relating to any other action filed by you or on your behalf as a result of the incident. ANSWER: 4 vs ? ?' M ti ? q ? VERIFICATION The undersigned says that the facts set forth in the foregoing answers are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Sue Barbara Bisker Dated: SUE BARBARA BISKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION #: 00-2624 FRED W. HILDENBRAND and : RUSSELL. J. HILDENBRAND, . Individually and doing business as : JURY TRIAL DEMANDED HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff s Answers to Interrogatories and Request for Production of Documents was furnished by U.S. Mail, fast class, postage prepaid on this -7 Say of September 2001, to: C. Roy Weidner, Jr., Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated:?1f 24NI Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff BRATIC & PORTKO c C .co - ?C - N L Z z w Ga` ? SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and : RUSSELL J. HILDENBRAND, . Individually and doing business as : HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants 10 % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION #: 00-2624 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiff's Interrogatories and Request for Production of documents were furnished by U.S. Mail, first class, postage prepaid on this 15-?day of October 2001, to: C. Roy Weidner, Jr., Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 BRATIC & PORTKO Dated: 6 /S?l Dus ratic Attorney I.D. No. 19249 101 Office Center, Suite A 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiff f 414 Q ? t? ? ? It RECEIVED JUN 0 6 2005 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Esq. I.D. No. 19530 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 cnrr@jdsw.com SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER AND RONALD LEE KELLY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT (2/1 AND NOW, this 1.9' day of June, 2005, g on the Defendants' foregoing Motion to Compel will be held on ?, 2005 at 3 - .30 Z?.m. in Courtroom No. -, at the Cumberland County Courthouse, Carlisle, Pennsylvania. FILED-OrALE OF TNF (HOTi-?G?JOT! R 2C0 5 JEl € 3 AM € € : 5 € rJ "-U o P PdPd:YLY,s; 'VIA S? Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Esq. I.D. No. 19530 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER AND RONALD LEE KELLY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY k AND NOW, this St t day of May, 2005, come the Defendants, through their undersigned attorneys, and moves for an Order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. The Defendants, the moving parties herein, are Fred W. Hildenbrand and Russell J. Hildenbrand, individually and doing business as Hildenbrand Lime & Fertilizer and Ronald Lee Kelly, who are represented in this matter by C. Roy Weidner, Jr. and Wade D. Manley of Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania, 17043; telephone number (717) 761-4540, and facsimile number (717) 761-3015. 2. The Plaintiff, the responding party herein, is Sue Barbara Bisker, who is represented in this matter by Dusan Bratic, Esquire, Bratic & Portko, 101 Office Center, Suite A, 101 U. S. Route 15 South, Dillsburg, Pennsylvania 17019; telephone number (717) 432-9706, and facsimile number (717) 432-9220. 3. This case involves a claim for personal injuries to the Plaintiff resulting from a motor vehicle accident which occurred on May 1, 1998. On or about March 10, 2005, the undersigned engaged the services of Susquehanna Rehabilitation Services (hereinafter "SRS") to obtain authorization from Plaintiff's counsel to receive medical records from the Plaintiff's healthcare providers for review and evaluation by an independent examining physician to be engaged to conduct an independent medical examination of Plaintiff pursuant to Pa.R.C.P. 4010, 4. Thereafter, SRS did forward to Plaintiffs counsel authorizations to be signed by the Plaintiff to allow SRS to obtain the medical records of the Plaintiffs treating physicians. 5. On or about March 31, 2005, the undersigned was advised that Plaintiff's counsel had failed to cooperate with SRS's request of having his client execute the required authorizations. 6. There is no reason why Plaintiff's counsel would object to having Plaintiff sign the authorizations requested. 7. The, Defendant requests that the Plaintiff be required to sign the authorization so the Defendants can obtain records of the Plaintiff's treating physicians and healthcare providers pursuant to Pa.R.C.P. 4003.6 and may then proceed with an independent medical examination by an examiner who is familiarized with the Plaintiff's medical situation through those records pursuant to Pa.R.C.P.4010. WHEREFORE, the Defendant moves that an Order be entered requiring that Plaintiff sign such authorizations to allow receipt of the Plaintiff's medical records to provide the Defendants and those acting on their behalf with full and complete copies of the medical records of the Plaintiff. JOHNS N, DUFFFIIE, STEWART & WEIDNER By: "A )/ C. Roy Weidner, Attorney I.D. No. 19 30 Wade D. Manley Attorney I.D. No. 87244 301 Market Street. P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Facsimile (717) 761-3015 Attorneys for Defendant csj:251457 5774-340 II . I CERTIFICATE OF SERVICE S' AND NOW, this day of May, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing MOTION TO COMPEL DISCOVERY upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 U. S. Route 15 South Dillsburg, PA 17019 JOHNSO: FFIE, - WART WEIDNER By: arl n S. Jensen L-? er 'Ti N r?, l__ Cat CA '? ?1 ?..: SUE BARBARA BISKER, Plaintiff V. FRED W. HILDEBRAND and RUSSELL J. HILDEBRAND, Individually and doing business as HILDEBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2624 CIVIL TERM IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 4th day of August, 2005, the motion to compel discovery is granted and the Plaintiff is directed to execute releases in keeping with the discussion of the parties and the direction of the Court as expressed in open court this date. By the Court, usan Bratic, Esquire For the Plaintiff de D. Manley, Esquire For the Defendants lfh Kevir/ A. Hess, J. Cr, THE P? 1TH reC? t?"Y M5 AUG I I Phi 11: 11 CUr;ri ?'- -,,-IU -i-Y Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Esq. I.D. No. 19530 Wade D. Manley I.D. No. 87244 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER AND RONALD LEE KELLY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL DISCOVERY AND NOW, this I Ck day of May, 2005, come the Defendants, through their undersigned attorneys, and moves for an Order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. The Defendants, the moving parties herein, are Fred W. Hildenbrand and Russell J. Hildenbrand, individually and doing business as Hildenbrand Lime & Fertilizer and Ronald Lee Kelly, who are represented in this matter by C. Roy Weidner, Jr. and Wade D. Manley of Johnson, Duffie, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania, 17043; telephone number (717) 761-4540, and facsimile number (717) 761-3015. 2. The Plaintiff, the responding party herein, is Sue Barbara Bisker, who is represented in this matter by Dusan Bratic, Esquire, Bratic & Portko, 101 Office Center, Suite A, 101 U. S. Route 15 South, Dillsburg, Pennsylvania 17019; telephone number (717) 432-9706, and facsimile number (717) 432-9220. 3. This case involves a claim for personal injuries to the Plaintiff resulting from a motor vehicle accident which occurred on May 1, 1998. On or about March 10, 2005, the undersigned engaged the services of Susquehanna Rehabilitation Services (hereinafter "SRS") to obtain authorization from Plaintiff's counsel to receive medical records from the Plaintiff's healthcare providers for review and evaluation by an independent examining physician to be engaged to conduct an independent medical examination of Plaintiff pursuant to Pa.R.C.P. 4010. 4. Thereafter, SRS did forward to Plaintiff's counsel authorizations to be signed by the Plaintiff to allow SRS to obtain the medical records of the Plaintiffs treating physicians. 5. On or about March 31, 2005, the undersigned was advised that Plaintiff's counsel had failed to cooperate with SRS's request of having his client execute the required authorizations. 6. There is no reason why Plaintiff's counsel would object to having Plaintiff sign the authorizations requested. 7. The Defendant requests that the Plaintiff be required to sign the authorization so the Defendants can obtain records of the Plaintiffs treating physicians and healthcare providers pursuant to Pa.R.C.P. 4003.6 and may then proceed with an independent medical examination by an examiner who is familiarized with the Plaintiff's medical situation through those records pursuant to Pa.R.C.P. 4010. WHEREFORE, the Defendant moves that an Order be entered requiring that Plaintiff sign such authorizations to allow receipt of the Plaintiff's medical records to provide the Defendants and those acting on their behalf with full and complete copies of the medical records of the Plaintiff. N, DUFFIE, ShTE?WART?& WEIDNER >? ? 1 " )X/I Attorney 1. D. No. 9 30 Wade D. Manley Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Facsimile (717) 761-3015 Attorneys for Defendant csj:251457 5774-340 CERTIFICATE OF SERVICE S? AND NOW, this 31 day of May, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing MOTION TO COMPEL DISCOVERY upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 U. S. Route 15 South Dillsburg, PA 17019 JOHNSOpQ` DWFFIE, $ WAR'f& WEIDNER By: karln S. Jensen ? ,> \ .? " .l`' ? ' .. ? ?- l ? -•_ ..,... L.? RECEIVED JUN 0 6 2005 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Esq. I.D. No. 19530 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crvi@jdsw.com Attorneys for Defendants SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER AND RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT At- AND NOW, this l i? day of June, 2005, ?g on the Defendants' foregoing Motion to Compel will be held on , 2005 at ; 3rJ.m. in Courtroom No., at the Cumberland County Courthouse, Carlisle, Pennsylvania. 11 NV £ 1 4 f SOUZ .13 SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and : RUSSELL J. HILDENBRAND, . Individually and doing business as : HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION #: 00-2624 JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANTS MOTION TO COMPEL DISCOVERY AND NOW, this 2nd day of August, 2005, come the Plaintiff, Sue Bisker by and through her attorney, and Answers Defendants Motion to Compel Discovery as follows: 1. Admitted. 2. Admitted. 3. 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(( 7? t u t ?-"- r n .. W L.?- ._.? Y if-, u L_? SUE BARBARA BISKER, Plaintiff V. FRED W. HILDEBRAND and RUSSELL J. HILDEBRAND, Individually and doing business as HILDEBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2624 CIVIL TERM IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 4th day of August, 2005, the motion to compel discovery is granted and the Plaintiff is directed to execute releases in keeping with the discussion of the parties and the direction of the Court as expressed in open court this date. By the Court, X'san Bratic, Esquire For the Plaintiff de D. Manley, Esquire For the Defendants :lfh C?? z t: I I wy L l Onv soot 1d?1"Cvu ii0dci BHi J0 Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED APPLICATION OF THE DEFENDANTS FRED W. HILDENBRAND and RUSSEL J. HILDENBRAND, INDIVIDUALLY AND D/B/A HILDENBRAND LIME & FERTILIZER AND RONALD LEE KELLY FOR A STATUS CONFERENCE AND NOW, on this e'ay dof ) &W -'C , 2007, come the Defendants by and through their attorneys, Johnson, Duffie, Stewart & Weidner, and bring the following Application for a Status Conference pursuant to Cumberland County Local Rule 208.3A, and in support there of avers the following: 1. The instant case arises out of a motor vehicle accident which occurred on or about May 1, 1998. 2. The Complaint in this case was filed on or about June 21, 2001. Defendant responded to Plaintiff's Interrogatories and Requests for Production of Documents on or about July 29, 2002. 3. The Defendant now wishes to conduct a second deposition of the Plaintiff due to the amount of time that has elapsed from the first deposition of the Plaintiff which occurred on May 31, 2002. 4. The Defendants also seek to issue additional Interrogatories to the Plaintiff for the same reasons. 5. Plaintiff has objected to this further discovery. Therefore counsel for the Defendants request a status conference to resolve these discovery disputes. 6. This matter has previously been assigned to Judge Kevin A. Hess. Respectfully submitted, Johnson, Duffie, Stewart & Weidner By: Kelly Bo anno I.D. N 20 811 301 Ma Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 298661 CERTIFICATE OF SERVICE AND NOW, this day of June, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing APPLICATION FOR STATUS CONFERENCE upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 U. S. Route 15 South Dillsburg, PA 17019 JOH S N, =DUFSTEWART & WEIDNER By: Kelly L. nanno A SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 JURY TRIAL DEMANDED CERTIFICATE OF CONCURRENCE PURSUANT TO L.R. 7.1 The undersigned has sought the concurrence of from all counsel for Fred W. Hildenbrand and Russell J. Hildenbrand, Individually and d/b/a Hildenbrand Lime & Fertilizer and Ronald Lee Kelly's Motion for a Status Conference, and counsel has not provided a response after ten (10) business days. Respectfully submitted, Date: JOHNSON, DUFFIE, EWART & WEIDNER By: 4?m Kelly L. Bona o, Esquire Attorney I.D. . 00811 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: klb@jdsw.com Attorneys for Defendants 298668 ?. _, -- __ . -? ?? ors aoo?? Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonananno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com Attorneys for Defendants SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, on this /g day of , 2007, Defendants' Motion for a Status Conference is GRANTED a d a Status Conference will occur on the day of 2007, at 3.6V mot./p.m. in Courtroom No. -. a BY THE COURT: % X??4 J. Distribution: san Bratic, Esquire, 101 Office Cent ,XeIly L. Bonanno, Esquire, 301 Market V Suite A, 101 S. U.S. Route 15, Dillsburg, PA 17019 eet, P. O. Box 109, Lemoyne, PA 17043 r,1 y tZ?f ?,? -????? ': r- 1. i? L1 J ` + ,. Y ?,-, SUE BARBARA BISKER, Plaintiff vs. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, rindividually and doing business as HILDENBRAND LIME & FERTILIZER, and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2624 CIVIL JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this Z day of August, 2007, following conference with counsel in Chambers, the following case management order is entered: 1. A second deposition of the plaintiff is authorized with the understanding that she will be noticed for deposition within sixty (60) days. 2. The defendants are authorized to propound additional interrogatories, limited to the number prescribed by local rule, which additional interrogatories shall be propounded within fifteen (15) days. 3. Either counsel is authorized to list this case for trial in the term commencing in April of 2008. This order is entered without prejudice to the plaintiff to propound additional discovery to the defendants provided same is accomplished within forty-five (45) days. BY THE COURT, Hess, J. ? *6 WV £- OAV LOOT AWIQNIOH!t d 3Hi AO Dusan Bratic, Esquire For the Plaintiff Wade Manley, Esquire For the Defendants t..,> Am oof OU Mgt Lvrt Pl3/ay Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR SANCTIONS AND NOW, on this 1lf? day of ©t,h bw , 2007, come the Defendants by and through their attorneys, Johnson, Duffie, Stewart & Weidner, and bring the following Motion for Sanctions pursuant to Pa.R.C.P. 4019, and in support thereof avers the following: 1. The instant case arises out of a motor vehicle accident which occurred on or about May 1, 1998. 2. The Complaint in this case was filed on or about June 21, 2001. Defendant responded to Plaintiff's Interrogatories and Requests for Production of Documents on or about July 29, 2002. 3. Defendants filed a request for a Status Conference that was granted and held on August 2, 2007. 4. Following the status conference, on August 2, 2007, The Honorable Kevin A. Hess entered an Order allowing the Defendant to issue additional Interrogatories to the Plaintiff and to conduct a second deposition of the Plaintiff due to the amount of time that has elapsed from the first deposition of the Plaintiff which occurred on May 31, 2002. (See, August 2, 2007 Order, attached hereto as Exhibit A). 5. Pursuant to that Order, on August 10, 2007, Defendants served the attached Interrogatories and Document Requests on Plaintiffs' counsel. (See, Interrogatories and Document Requests, attached hereto as Exhibits B and C, respectively). 6. By September 13, 2007, the thirty (30) day period to respond allowed by the Pennsylvania Rules of Civil Procedure had elapsed and Plaintiff failed to serve her answers or documents response to the Defendants' written discovery. 7. Therefore, in an effort to resolve the discovery dispute and Plaintiff's blatant violation of the August 4, 2007 Court Order, on September 13, 2007, undersigned counsel advised Plaintiff's counsel by letter that this client's discovery answers were overdue and that the October 2, 2007 deadline for his client to appear for the deposition was approaching. (See, September 13, 2007 correspondence, attached hereto as Exhibit D). 8. In the correspondence, undersigned counsel provided Plaintiff's counsel with 6 dates he was available to conduct Plaintiff's deposition, that Plaintiff needed to only chose one of those dates for the deposition to be mutually convenient. (See, Exhibit D). 9. Since the date of the Status Conference, on August 2, 2007, undersigned counsel has not received a response from Plaintiffs counsel to the written discovery, the correspondence or the telephone messages left for him. Plaintiff's counsel has completely avoided any and all attempts to pursue the authorized discovery, resolve the instant discovery dispute and discuss the matter at all with undersigned counsel. 10. This matter has previously been assigned to Judge Kevin A. Hess. WHEREFORE, it is requested that Plaintiff's case be dismissed with prejudice pursuant to authority granted this Court by Pa.R.C.P. 4019. In the alternative, it is requested that Plaintiff be precluded from offering into evidence any information sought by the written discovery served by Defendants on August 10, 2007. If Your Honor still is willing to allow Plaintiff to conduct discovery assert her claims despite the blatant disregard for the Orders of this Court and the Pennsylvania Rules of Civil Procedure, it is requested that Plaintiff's counsel shall pay the sum of $100 per day to the Prothonotary of Cumberland County until such time as he files a certification with the Prothonotary of Cumberland County that full and complete answers to Defendant's interrogatories verified by the Plaintiff, along with the documents requested, have been served upon Defendant's counsel and shall further pay the sum of $1,000.00 to Defendants' counsel as reimbursement for legal fees and cost of these proceedings. Additionally, it is requested that Plaintiff be required to appear for a deposition as noticed by Defendants and failure to appear shall result in immediate dismissal of all Plaintiff's causes of action. Respectfully submitted, Johnson, Duffie, Stewart & Weidner By: 601?4 Wa anley I.D. No. 8 244 301 Mar et Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 :312564 5774-340 SUE BARBARA BISKER, Plaintiff VS. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, individually and doing business as HILDENBRAND LIME & FERTILIZER, and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2624 CIVIL : JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this Z="" day of August, 2007, following conference with counsel in Chambers, the following case management order is entered: 1. A second deposition of the plaintiff is authorized with the understanding that she will be noticed for deposition within sixty (60) days. 2. The defendants are authorized to propound additional interrogatories, limited to the number prescribed by local rule, which additional interrogatories shall be propounded within fifteen (15) days. 3. Either counsel is authorized to list this case for trial in the term commencing in April of 2008. This order is entered without prejudice to the plaintiff to propound additional discovery to the defendants provided same is accomplished within forty-five (45) days. BY THE COURT, TRUE Edw. 6 _ U`? ?u Kev' . Hess, J. c? Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J Attorneys for Defendants FfL? COPY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL TERM CIVIL ACTION - LAW HILDENBRAND, Individually and d/b/a JURY TRIAL DEMANDED HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants DEFENDANTS'INTERROGATORIES TO PLAINTIFF Set No. 2 TO: Sue Barbara Bisker c/o Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 AND NOW, this day of August, 2007, Defendants serve upon you written interrogatories pursuant to Pa. R.C.P. No. 4005. These interrogatories are to be answered in accordance with the requirements of Pa. R.C.P. No. 4006, particularly in regard to the insertion of answers in the spaces provided. Reference to extrinsic matters and attachments will not be considered compliance with Pa. R.C.P. No. 4006. In accordance with Pa. R.C.P. No. 4002. 1, these interrogatories have not been filed with the Court. JOHNSON, DUFFIE, STEWART & WEIDNER By: :1306905 5774-340 A. CONSTRUCTION These interrogatories shall be construed and interpreted in accordance with the Pennsylvania Rules of Civil Procedure. Other terms used herein shall have the same meaning as they have when used in the pleadings, or in other discovery requests where such terms are defined. In addition, the following words shall have the following meanings: 1. "Describe, description" or similar words shall mean to give a detailed narrative description, giving all particulars known by you. 2. "Document" shall mean the original or a copy of any written, printed, typed, or other graphic matter of any kind or nature, including those items that are stored in a non-graphic form, but which can be retrieved and transferred to a graphic form, and any other similar tangible thing in your custody or control. When used with reference to an occurrence or event, it shall include any such matter which evidences, memorializes or refers to such occurrence or event. 3. "Identify" or "Identity" or similar words shall mean: with reference to a person, to state his name, residence address, residence telephone number, present occupation and/or business affiliation and position, business address and telephone number; with reference to any other entity, to state its name, business or other purpose, address, telephone number and the identity of any person or persons associated with the entity who may have knowledge of matters related to the instant action; with reference to a document, to state the nature and content of the document, the identity of the maker, the date, if any, of the document, the original creation date of the document, and the present whereabouts of the original of the document; and with reference to an object, to describe the object and identify its custodian. 4. "Person" shall mean any natural person, partnership, corporation, or other business or government entity and all present and former officers, directors, agents, employees, attorneys, and others acting or purporting to act on behalf of such natural person, partnership, corporation, or other business or government entity. 5. "Relating to" shall mean constituting, referring to, reflecting, evidencing, memorializing, concerning, pertaining to, or in any way logically or factually connected with the matter referred to in the interrogatory. 6. "State, "State the manner of or "State the basis" or similar words shall mean to recite with particularity, in detail and in narrative fashion all facts known or believed by you to support the subject statement or proposition, including, but not limited to: dates, times, places, the identity of persons or things, and acts or omissions. 7. "Subject incident" shall mean the collision involving Plaintiff's vehicle and one owned by Hildenbrand Lime & Fertilizer and operated by Ronald Lee Kelly at or near the intersection of School House Road and Route 94 in Gardners, Pennsylvania. 8. "Treatment" shall mean medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices. 9. "You" or "your" shall mean the party to whom these interrogatories are addressed, and any persons, natural or otherwise, acting on behalf or with the knowledge of such party. B. INSTRUCTIONS If you claim any privilege not to answer or respond as requested, identify each matter to which you claim the privilege, the nature of the privilege, and the legal and factual basis for the claim of privilege. 2. If a refusal to answer or respond as requested is based on the grounds that it is unreasonably burdensome, identify the number and nature of documents needed to be searched, the location of the documents, and the number of person-hours and costs required to conduct the search. 3. If you cannot answer or respond as requested in full, answer or respond to the extent possible, and specify the reasons for your inability to answer or respond fully. C. INTERROGATORIES State your full name, the date and place of your birth, and your social security number. ANSWER: 2. State the address of your present residence and the address of each other residence which you have had during the past five years. ANSWER: 3. Describe your present occupation and your occupations for the past five years, giving the name and address of each employer that you have had during that period. ANSWER: 4. State the names, addresses, relationships and ages of all persons dependent upon you for support or maintenance, or to whom you contributed support or maintenance, at the time of the incident referred to in your Complaint, listing for each person the nature and amount of such support or maintenance paid or contributed in the year preceding the incident referred to in your Complaint. ANSWER: 5. State the name and address of each school, college or other educational facility which you have attended, listing the dates of attendance and courses of study, including all professional, trade, on- the-job, or any other specialized training which you have received. ANSWER: 6. State the names, residence and business addresses, and employers of each person whom you will call to testify on your behalf at the trial of this matter, and briefly state the subject matter of their proposed testimony. ANSWER: 7. State the names, business and residence addresses, and employers of each person whom you will call as an expert witness at the trial of this matter, including medical witnesses identified with regard to the issues of liability (L) and damages (D), and with regard to each expert state the subject matter on which the expert is expected to testify; the substance of the facts and opinions to which the expert is expected to testify; a summary of the grounds for each opinion; and whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum, or other document, and, if so, identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached in lieu of answering Interrogatory 4.) ANSWER: 8. Identify by date of preparation, description, and name of person preparing, all documents or other objects which you will introduce as exhibits at the trial of this matter, identified with regard to the issues of liability (L) and damages (D). ANSWER: 9. Describe all admissions against interest by Defendants or those acting on Defendants' behalf concerning the subject matter of this action, including the identity of the person to whom the admission was made. ANSWER: 10. Identify all health care practitioners from whom you sought diagnosis or treatment for the five years preceding the subject incident. ANSWER: 11. Identify all health care practitioners from whom you have received treatment as a result of injuries which you suffered in the subject incident. ANSWER: 12. State in detail the nature of all injuries you claim you suffered as a result of the incident referred to in your Complaint and state the extent and nature of any disability arising therefrom. ANSWER: 13. Describe all employment for which you were rejected or for which you did not apply as a result of any physical or other injuries suffered in the subject incident, including: a. The identity of the potential employer; and b. The date(s) the position was open. ANSWER: 14. Identify all insurers or persons which have paid any benefit to you or others, including reimbursement for lost wages and medical expenses, as a result of injuries suffered in the subject incident. ANSWER: 15. If, either prior to or subsequent to the subject incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the subject incident, state: a. The injury or disease you suffered; b. The date and place of any accident, if such injury or disease was caused by an accident; C. The identity of hospitals, doctors or practitioners who rendered treatment or examination because of such injury or disease; and d. The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. ANSWER: 16. If you have asserted any other claims as a result of the incident, state: a. The identity of any person against whom such a claim was asserted. b. The complete caption of any action brought against such person. C. The identity of the person's attorney. d. The identity of the person's insurer. ANSWER: 17. In the event that any treatment provider has imposed limitations and restrictions on your activities because of injuries sustained in the incident as a result of medically determined functional limitations, state for each instance where such limitations and restrictions were imposed: a. the limitations and restrictions imposed; b. the date that they were imposed; C. the duration for which they were imposed; d. the identity of the treatment provider that imposed the limitation or restriction; e. the identity of any document that contains the limitations or restrictions. ANSWER: 18. State how each injury you sustained affected your normal activities, describe in detail the nature of such restraint and indicate any present disability and the percentage, if permanent. ANSWER: 19. State the nature and estimated costs of all future medical attention, evaluation and treatment which you have been advised you will require as a result of injuries allegedly sustained in the incident and state the name and address of the individual furnishing such opinion and estimate of costs. ANSWER: 20. As to each of your alleged damages, including medical expenses, state whether the expenses incurred have been paid and, if so, the source of payment. (Include duplicate payments). ANSWER: 21. Have you sustained any additional financial losses as a result of the incident complained of, other than those covered by the preceding Interrogatories? If so, state: a. The nature and amount of such losses; b. The date thereof; and c. The names and addresses of any persons to whom any money so claimed as additional loss was paid or incurred. ANSWER: Respectfully submitted, JOHNSON, DUFFIE, STE ART & WEIDNER By; ?V Wade D. Monley, squi Johnson, Duffie, tewart Weidner I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 VER/F/CA T/ON The undersigned says that the facts set forth in the foregoing answers are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. _ 4904, relating to unsworn falsifications to authorities. Sue Barbara Bisker Dated: CERTIF/CA TE OF SERVICE AND NOW, this day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWART & WEIDNER By: Wade D. M nle FfL E Upy Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL TERM CIVIL ACTION - LAW HILDENBRAND, Individually and d/b/a JURY TRIAL DEMANDED HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF Set No. 2 TO: Sue Barbara Bisker c/o Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 AND NOW, this 10,.- day of August, 2007, Defendants, through their undersigned attorney, request that you produce the documents hereinafter specified at the offices of the undersigned within 30 days of the date of service hereof upon you, in accordance with the requirements of Pa. R.C.P. No. 4009.12. In accordance with Pa. R.C.P. 4002.1, this request has not been filed with the Court. Your responses are to be supplemented in accordance with Pa. R.C.P. No. 4007.4. JOHNSON, DUFFIE, STEWART & WEIDNER By: ?h4 A Wade D. M :306912 5774-340 A. CONSTRUCTION These requests shall be construed and interpreted in accordance with Pennsylvania Rules of Civil Procedure. The terms used herein shall have the same meaning as they have when used in the pleadings, or in other discovery requests where such terms are defined. In addition, the following words shall have the following meaning: 1. "Complained of by Plaintiff" shall mean the averments in Plaintiffs complaint and opinions set forth in Plaintiffs expert witness reports. 2. "Defendant" shall mean the party or parties propounding this discovery, unless otherwise specified. 3. "Document" shall include writings, drawings, graphs, charts, photographs, electronically created data and other compilations of data from which information can be obtained, translated, if necessary, by you or those acting on your behalf through detection or recovery devices to hard copy. 4. "Subject incident" shall mean the collision involving Plaintiff's vehicle and one owned by Hildenbrand Lime & Fertilizer and operated by Ronald Lee Kelly at or near the intersection of School House Road and Route 94 in Gardners, Pennsylvania. 5. "Relating to" shall mean constituting, referring to, reflecting, evidencing, memorializing, concerning, pertaining to, or in any way logically or factually connected with the matter referred to in the request. 6. "Treatment" shall mean medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices. 7. "You" or "your" shall mean the party to whom these requests are addressed, and any persons, natural or otherwise, acting on behalf or with the knowledge of such party. B. SPECIFIC REQUESTS All reports of any investigation of the incident. ANSWER: 2. All statements concerning the action or its subject matter as provided by Pa. R.C.P. No. 4003.4. ANSWER: 3. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of the scene of the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: 4. All other photographs, videotapes, diagrams or other depictions of the scene of the incident. ANSWER: Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any injuries or residuals of injuries from the incident, including photographs taken by you, experts and others. ANSWER: 6. All other photographs, videotapes, diagrams or other depictions of any injuries or residuals of injuries from the incident. ANSWER: 7. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any vehicles and/or property involved in the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: 8. All other photographs, videotapes, diagrams or other depictions of any vehicles and/or property involved in the incident. ANSWER: 9. All bills by treatment providers from whom you received treatment for the injuries which you claim to have suffered in the incident. ANSWER: 10. All reports of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: 11. All records of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: 12. If you are claiming a loss of earnings or earning capacity, all of your federal, state and local income tax returns as filed and with attachments for the five years preceding the incident through the most recent such filing. ANSWER: 13. If you are claiming a loss of earnings or earning capacity, all reviews of your employment performance by any employer for the five years proceeding the incident until the most recent such review. ANSWER: 14. If you are claiming a loss of earnings or earning capacity, all letters, notices, or like communications from any employer relating to your employment for the five years preceding the incident until the most recent such communication. ANSWER: 15. If you are claiming a loss of earnings or earning capacity, all pay stubs, check stubs, direct deposit confirmations, or other such documents relating to any payments of compensation received by you from any employer for the year preceding the incident until the most recent such payment was received by you. ANSWER: 16. If you are claiming a loss of earnings or earning capacity, all statements of employment related benefits provided to you by any employer for the five years preceding the incident until the most recent such statement was provided to you. ANSWER: 17 18 If you are claiming a loss of earnings or earning capacity, any publication describing your fringe benefits. ANSWER: If you are claiming a loss of earnings and earning capacity and received workers' compensation benefits as a result of the incident, all of the following documents related to your workers' compensation claim: (a) wage statements; (b) notices of compensation payable; (c) compensation agreements; (d) awards of compensation; (e) supplemental agreements; and (f) decisions terminating, suspending or modifying compensation, or approving commutations or settlement and release agreements. ANSWER: 19. All declaration pages or similar documents relating to insurance benefits available to you as a result of the incident. ANSWER: 20. All applications or other forms relating to any insurance benefits claimed by you as a result of injuries that you claim to have suffered in the incident. ANSWER: 21. All statements by any insurer relating to any acceptance, denial or payment of any claim by you for insurance benefits as a result of injuries that you claim to have suffered in the incident. ANSWER: 22. All statements by any insurer stating the amount or amounts of benefits paid to you as a result of injuries that you had claim to have suffered in the incident. ANSWER: 23. All documents about which you intend to question any witness (including non-party witnesses) at any deposition. ANSWER: 24. All documents about which you intend to question any witness (including non-party witnesses) at trial. ANSWER: 25. All documents which you intend to use as exhibits at trial. ANSWER: 26. All reports of expert witnesses whom you intend to call at trial. ANSWER: 27. All documents which you intend to offer as evidence at trial. ANSWER: 28. All documents which you intend to otherwise use at trial. ANSWER: 29. All documents identified or referred to in your answers to interrogatories. ANSWER: 30. Any release or other agreement entered into by you or on your behalf settling, reducing, releasing or limiting the liability to you of any other person arising from or relating to the incident, whether or not that person is a party to this action. ANSWER: 31. Any pleadings (including any praecipe, writ or appearance) relating to any other action filed by you or on your behalf as a result of the incident. ANSWER: VERIFICA TION The undersigned says that the facts set forth in the foregoing answers are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Sue Barbara Bisker Dated: CERT/F/CA TE OF SERVICE AND NOW, this (° day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWART & WEIDNER By: kw? Wade D. Ma JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNERR. JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, )R. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY A W 0 F F I C j OHNSON DUFFIE MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER'S EXT. NO. 122 E-MAIL wdm@jdsw.com September 13, 2007 VIA REGULAR MAIL AND FACSIMILE (717-432-9220) Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Re: Sue Barbara Bisker v. Fred W. Hildenbrand, et al. No. 00-2624 Civil Term Cumberland County C.P. Claim No. 52-307152-002 YK Dear Mr. Bratic: On August 10, 2007, pursuant to Judge Hess' Order, we served Interrogatories and Request for Production of Documents for answer by your client, Sue Barbara Bisker. To date we have not received any response to those discovery requests. The deadline set by the Pennsylvania Rues of Civil Procedure has passed and we are under the deadlines agreed to and formalized by Judge Hess' Order. Please notify my immediately as to when I may expect your client's answers to the discovery posed. If I am not in receipt of your client's answers within ten (10) days of the date of this letter, I will be compelled to ask Judge Hess for assistance. Additionally, Judge Hess has required your client to sit for a deposition by October 2, 2007. 1 am available for this deposition on September 19, 20, 24, 25, 27 or October 1, 2007. Please select one of those dates and notify me of the date selected as soon as possible. 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWIDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@IDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Dusan Bratic, Esquire September 13, 2007 Page two Thank you for your prompt attention to this matter. If you have any questions or comments, please contact me directly. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Wade D. Manley :310027 5774-340 c: Cheryl Pine, Litigation Specialist (Claim No. 52-307152-002 YK) CERTIFICATE OF SERVICE AND NOW, this /off day of October, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 U. S. Route 15 South Dillsburg, PA 17019 JOHN DUFFIE, ART & WEIDNER By Vp,, i -, - arleen Jensen t'? ? ? c?.- ;?? ? r^a ? -r± it - r t"4 ..rte ..1 ? r ..[ .- SUE BARBARA BISKER, Plaintiff vs. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, individually and doing business as HILDENBRAND LIME & FERTILIZER, and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2624 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION FOR SANCTIONS ORDER AND NOW, this 4' day of October, 2007, a brief argument on the defendants' motion for sanctions is set for Thursday, December 6, 2007, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. XUsan Bratic, Esquire For the Plaintiff ?" ade Manley, Esquire For the Defendants :rim A BY THE COURT, VINVA t/';SNN r? ,klNn(-,"j Ai 89 :01 WV 6 1 100 LOOZ 31HI JO SUE BARBARA BISKER Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY, Defendants IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-2624 CIVIL JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION FOR SANCTIONS AND NOW, comes the Plaintiff Sue Barbara Bisker by and through her Attorney Dusan Bratic and answer the Defendant' Motion for Sanctions. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. The Defendants Interrogatories were overly broad, duplicated much of the information that was previously supplied to Defendant. The Plaintiff signed medical authorizations to Defendants representatives on August 15, 2005. The Defendants secured some three inches of records and sent copies to Plaintiff s counsel yet still asked for the same information. Defendant's counsel represented to the Court he was seeking updates, instead he sent de Novo interrogatories and request for production of documents. 0 t ! 7. The Plaintiff's counsel has been trying to secure records from Plaintiff which he has now done. Plaintiff's counsel was tied up in a case in Philadelphia County for some 20 plus days in October. The case was only supposed to be 7 to 10 days long. Plaintiff's counsel was not available for most of October 2007. 8. The Plaintiff's Counsel has no record of receiving this letter. See attached affidavit of Ronnetta Rider, office manager. 9. The Plaintiff has now filed the Answers to supplemental discovery, which was substantially broader than the supplemental answers Defendant's counsel informed the court of. 10. The Plaintiff requests the dismissal of the Defendant's motion for sanctions as Defendant counsel violated the spirit of the requests he represented he was seeking. Date: 5 b? - Dusan Bratic, Esquire ID 19249 101 South U.S. Route 15 Dillsburg PA 17019 Attorney for Plaintiffs SUE BARBARA BISKER IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY, Defendants CIVIL ACTION - LAW NO. 2000-2624 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiffs Answer to Defendant's Motion for Sanctions was furnished by hand delivery, this 5th day of December, 2007 to: Wade D. Manley, Esquire Law Offices of Johnson Duffie 301 Market Street Lemoyne, PA 17043 Date: j. - S-d 7 Dusan Bratic, Esq. ID 19249 Attorney for Plaintiff 101 South U.S. Route 15 Dillsburg PA 17019 (717) 432-9706 t . SUE BARBARA BISKER Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY, Defendants IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-2624 CIVIL JURY TRIAL DEMANDED AFFIDAVIT I, Ronnetta Rider, hereby swear to the following: 1. I am the office manager of the law offices of Bratic and Portko. 2. I open the mail when it comes into the office and place it for the attorneys to review. 3. I searched our file for Sue Bisker and the mail for review and did not find any copy or record of ever having received the letter dated September 13, 2007 and attached to Defendant's Motion for Sanctions as Exhibit D. Date: 12 D-7 Ronnetta Rider _c.,- ? t? .Y- ? -:,,? ?-? _ ?. . ? s c-a ? ??? t ^.; ?-, ,_ ._ .. ?. - ?_ --? ,„. '? Ga ..,? SUE BARBARA BISKER Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY, Defendants IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-2624 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiffs Answer to Defendant's Second Request for Interrogatories and Production of Documents was furnished by hand delivery, this 50' day of December, 2007 to: Wade D. Manley, Esquire Law Offices of Johnson Duffle 301 Market Street Lemoyne, PA ` 7 0 4 Date: ?? J b Dusan Bratic, Esq. ID 19249 Attorney for Plaintiff 101 South U.S. Route 15 Dillsburg PA 17019 (717) 432-9706 c`? C? ? - ? ? -s'' ? ?`7 " ' -- ? y i ? rx-?,.__ " ... ..,? ? 1 i ? __ ?,y ` r.-?. N ::::;?: n ' _.` -- .?- SUE BARBARA BISKER, Plaintiff V FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-2624 CIVIL TERM JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 6th day of December, 2007, argument if necessary on objections to discovery in this case is set for January 3, 2008, at 1:30 p.m. Counsel are directed to notify the court on or before the close of business on December 21, 2007, in the event that there is no need for the argument. The plaintiff is directed to appear for a deposition, which shall be scheduled to occur prior to January 15, 2008. In default thereof, sanctions to be imposed. By the Court, -WC Kevi A. Hess, J. Dusan Bratic, Esquire For the Plaintiff l= t ? ? Zt'??[?, Kelly L. Bonanno, Esquire For the Defendants /.Z,/ x/07 :b g `Tj? 0 0 :11 Wad L- 330 C QZ Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com klb@jdsw.com SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR STATUS CONFERENCE TO ESTABLISH A FINAL PRE-TRIAL DISCOVERY SCHEDULE AND DEADLINES AND NOW, this _L-3 '-==day of August, 2008, come Defendants, through their undersigned attorneys, and move for a status conference upon the following: 1. The instant case arises out of a motor vehicle accident which occurred on or about May 1, 1998. 2. The complaint in this case was filed on or about June 21, 2001. 3. By order entered August 7, 2008, Defendants were authorized to propound additional interrogatories to Plaintiff which Defendants did on August 10, 2007. 4. On December 5, 2007, Plaintiff served her answers to Defendants' additional interrogatories, a copy of which is attached hereto, incorporated by reference herein and marked as Exhibit "A". 1k 5. As reflected therein in answer to interrogatory 7, Plaintiff identified numerous expert witnesses and stated "a complete report will be provided when the actual testifying physician or physicians has or have been selected." 6. Also as reflected in answer to interrogatory 7, Plaintiff states that she will be engaging Dr. Paul Anderson or another vocational expert. 7. As of this date, Plaintiff has failed to provide reports by any experts so identified. 8. In answer to interrogatory 17, Plaintiff stated that she would provide reports relating to any treatment provider limitations and restrictions on her activities. 9. As of this date, no such reports have been provided. 10. In answer to interrogatory 19, Plaintiff stated that she would provide reports relating to any estimated costs of all future medical attention, evaluation and treatment. 11. As of this date, no such reports have been provided. 12. In answer to interrogatory 20, Plaintiff stated that she would provide a schedule of medical expenses not paid by insurance. 13. As of this date, no such schedule or information has been provided. 14. On August 20, 2007, Defendant propounded additional requests for production of documents to Plaintiff. 15. On December 5, 2007, Plaintiff served her answers to Defendants' additional requests for production of documents, a copy of which is attached hereto, incorporated by reference herein and marked as Exhibit "B". 16. In answer to request 17, Plaintiff stated that she would provide any publication describing her fringe benefits with the vocational expert report. IN I 17. As of this date, no such publication or vocational report has been provided. 18. In answer to request 26, Plaintiff stated that she would provide prior to trial all expert witness reports. 19. As of this date, no such reports have been provided. 20. Defendants believe, and therefore aver, that expert reports, statements of economic losses and documentation thereof are necessary so that Defendants can evaluate and defend the damages claim of Plaintiff at trial. 21. Defendants believe, and therefore aver, that it will be necessary for the Court to conduct a status conference and enter a scheduling order compelling Plaintiff to provide such information in a timely fashion so that Defendants can evaluate and defend Plaintiff's damages claim. 22. By letter dated August 1, 2008, a copy of which is attached hereto, incorporated by reference herein and marked as Exhibit "C", Defendants' counsel wrote to Plaintiff's counsel requesting concurrence with a request for a status conference for the purpose of obtaining such a scheduling order pursuant to C.C.R.P. 208.2(d). 23. As of the signing of this motion by the undersigned for filing, no response has been received, and Defendants' counsel deems the motion opposed. 24. The Honorable Kevin A. Hess has previously ruled on other discovery issues in this case as follows: A. June 18, 2007 granting Defendants' motion for a status conference to occur on August 2, 2007. B. August 2, 2007 case management order entered following the status conference. I C. December 6, 2007 scheduling argument court on January 3, 2008, if necessary, on Defendants' motion for sanctions and directing Plaintiff to appear for a deposition to occur prior to January 15, 2008. WHEREFORE, Defendants move for a status conference to establish deadlines for the completion of pre-trial discovery and that an order be entered as follows: 1. Within 30 days of the date of the order, Plaintiff shall provide Defendants with copies of all of Plaintiff's medical records and reports to date not heretofore provided to Defendants' counsel. Plaintiff shall be under a duty to supplement such discovery by obtaining any additional medical records and reports resulting from ongoing evaluation and treatment and by providing them to Defendants' counsel within 10 days of receipt. 2. Within 30 days of the date of the order, Plaintiff shall provide Defendants with a statement of all medical expenses incurred to date for treatment of accident related injuries, and supporting documentation, such as medical bills, provider's statements of account and insurance explanation of benefit forms, as well as any statements relating to subrogation claims relating to medical treatment expenses resulting from treatment of Plaintiff's accident related injuries. Plaintiff shall be under a duty to supplement such discovery upon receipt of additional such supporting documents by providing them to Defendants within 10 days of receipt. 3. Within 30 days of the date of the order, Plaintiff shall provide Defendants with an itemization of out-of-pocket expenses incurred to date for medical care and treatment of accident related injuries, and supporting documentation such as medical bills, provider's statements of account, insurance explanation of benefit forms and cancelled checks and receipts. Plaintiff shall be under a duty to supplement such discovery upon receipt of additional such supporting documents by providing them to Defendants within 10 days of receipt. 4. Within 30 days of the date of the order, to the extent not heretofore provided, Plaintiff shall provide Defendants copies of Plaintiff's federal, state and local income tax returns as filed and with attachments for the years 1998 through 2007. In the event that Plaintiff is unable to supply such returns, she shall, within such time, execute authorizations allowing Defendants to obtain them from the Internal Revenue Service and to obtain wage information from the Social Security Administration. Plaintiff shall be under a duty to supplement such discovery upon the filing of any subsequent returns by providing them to Defendants within 10 days of filing. 5. Within 60 days of the date of the order, Plaintiff shall provide Defendants with copies of the reports of any experts, including narrative reports by Plaintiff's testifying physicians, whom Plaintiff intends to call or videotape as expert witnesses at trial in compliance with Pa. R.C.P. No. 4003.5, together with copies of any records not previously provided to Defendants reviewed by such experts to prepare such reports. 6. Upon receipt of the last of Plaintiff's expert reports and supporting documentation pursuant to paragraph 5 above, Defendants shall have 45 days within which to provide Plaintiff's counsel written notice of their intention to engage the services of any rebuttal experts, provide the identity of those experts and the date established with any such experts for any physical and mental examination or earning capacity evaluation by any such experts to be attended by Plaintiff. Defendants shall provide Plaintiff with a responsive report by any such expert within 10 days of the receipt of same. In the event that an examination or evaluation of Plaintiff is not required by any rebuttal expert engaged by Defendants, Defendants shall provide Plaintiff's counsel with a report by any such expert within 60 days of receipt of Plaintiff's final expert report pursuant to paragraph 5 above. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 0,e? C. Roy eidner, Jr. :341013 5774-340 CERTIFICATE OF SERVICE AND NOW, this ?.? 117 day of August, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 U. S. Route 15 South Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWART & WEIDNER By: 7 Mi elle H. Spangler EXHIBIT "A" SUE BARBARA BISKER Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY, Defendants IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-2624 CIVIL JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' INTERROGATORIES SET NO.2 The following are the Plaintiffs response to Supplemental Interrogatories of the Defendants for Answer by the Plaintiff. L OBJECTIONS 1. Plaintiff objects to Defendant's Supplemental Interrogatories to the extent that it calls for information already provided or known to Defendant or information available to Defendant from sources other than Plaintiff, which is equally accessible to Defendant and to Plaintiff. 2. Plaintiff objects to Defendant's Supplemental Interrogatories to the extent it imposes requirements to respond or supplement Responses to Requests beyond those that are provided for in the Pennsylvania Rules of Civil Procedure. 3. Plaintiff objects to Defendant's Supplemental Interrogatories to the extent it is overbroad, unduly and unreasonably burdensome and oppressive. 4. Plaintiff objects to Defendant's Supplemental Interrogatories to the extent that it calls for information not known to Plaintiff, nor reasonably ascertainable by Plaintiff because such information is in the hands of or under the control of third parties not within Plaintiffs control. The General Objections asserted above shall be deemed to be applicable to and continuing with respect to each of Defendant's Supplemental Interrogatories. The General Objections asserted above are incorporated into each and every one of Plaintiffs responses set forth herein. Such objections are not waived, nor in any manner limited, by any responses to any specific Interrogatory. Plaintiff reserves the right to amend, supplement, or alter its responses to Defendant's Supplemental Interrogatories at any time. 1. State your full name, the date and place of your birth, and your social security number. ANSWER: Sue Barbara Bisker 06/25/49 Carlisle Hospital, Carlisle, PA 205-36-9954 2. State the address of your present residence and the address of each other residence which you have had during the past five years. ANSWER: 276 Oxford Road Gardners, PA 17324 3. Describe your present occupation and your occupations for the past five years, giving the name and address of each employer that you have had during that period. ANSWER: Present employer: Cumberland Valley School Life Skills Aids - I help the kids with their academics, personal needs, whatever they need. Take them out to their classes when needed. Sometimes I read to them, play games, puzzles, etc. YMCA - I work every school day from 3:30 P.M. to 6:00 P.M. It is an after school care program. I may help them with their homework, crafts, games, give them snacks. We conduct fire drills. Basically, we keep them safe till they are picked up. I worked for a while at Bent Creek Assisted Living Home. I helped residents get ready for bed, helped them shower, helped with their laundry, helped them get to the dining room. If they needed anything like a snack or maybe talk to the nurse, that was my job to get it for them. Spent time talking to people who were dieing. 4. State the names, addresses, relationships and ages of all persons dependent upon you for support or maintenance, or to whom you contributed support or maintenance, at the time of the incident referred to in your Complaint, listing for each person the nature and amount of such support or maintenance paid or contributed in the year preceding the incident referred to in your Complaint. ANSWER: Amanda Bisker - daughter - 15 years old - complete care. 5. State the name and address of each school, college or other educational facility which you have attended, listing the dates of attendance and courses of study, including all professional, trade, on the job, or any other specialized training which you have received. ANSWER: Boiling Springs High School - diploma - Boling Springs, PA Received training at Pfaltzgraff in: Agile manufacturing Continuous Improvement Conflict Resolution Skid Jack Operator Scorecards (balance sheets and financial training) Change Training Seven Wastes Training Seminars at Cumberland Valley: Mostly on autism, how to work with the kids. CAPE test to become highly qualified paraprofessional. 6. State the names, residence and business addresses, and employers of each person whom you will call to testify on your behalf at the trial of this matter, and briefly state the subject matter of their proposed testimony. ANSWER: My Daughters: Marchelle Myers 276 Oxford Road Gardners, PA 17324 Amanda Bisker 276 Oxford Road Gardners, PA 17324 Beth Sanders & Scott Sanders, her husband 740 Torway Rd. Gardners, PA 17324 My Co-worker: Dennis Myers - address to be supplied. Subject: My physical condition before and after the accident. Trooper R.K. Evans - PA State Police - to testify as to liability. William Brodbeck 5381 Carlisle Pike New Oxford, PA 17350 Witness to accident - to testify as to liability. 7. State the names, business and residence addresses, and employers of each person whom you will call as an expert witness at the trial of this matter, including medical witnesses identified with regard to the issues of liability (L) and damages (0), and with regard to each expert state the subject matter on which the expert is expected to testify; the substance of the facts and opinions to which the expert is expected to testify; a summary of the grounds for each opinion; and whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum, or other document, and, if so, identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached in lieu of answering Interrogatory 4.) ANSWER: Possibly some or all - actual determination as to which doctors has not been made. Dr. Phillip Neiderer, 220 Wilson Street, #109, Carlisle, PA 17013 Dr. Mark Holencik, 50 Brookwood Ave., Carlisle, PA 17013 Dr. Robert Beaudry, 3600 Old Gettysburg Road, Camp Hill, PA 17011 Dr. Nelson Hendler, 1718 Greenspring Valley Road, Stevenson, MD 21153 Dr. Gracia Etienne, 2401 W. Belvedere Ave., Baltimore, MD 21215 Dr. Avraam Karas, 5601 Lock Raven Blvd., Suite 404, Baltimore, MD 21239 Dr. Reginald Davis, 6569 North Charles Street, Baltimore, MD 21234 Dr. Paul Anderson, D.Ed., 335 W. Middle Road, Lykens, PA 17048 or another vocational expert See medical records for their opinions. A complete report will be provided when the actual testifying physician or physicians has or have been selected. 8. Identify by date of preparation, description, and name of person preparing, all documents or other objects which you will introduce as exhibits at the trial of this matter, identified with regard to the issues of liability (L) and damages (0). ANSWER: Unsure at this point, but expected to be Plaintiff and her counsel. 9. Describe all admissions against interest by Defendants or those acting on Defendants' behalf concerning the subject matter of this action, including the identity of the person to whom the admission was made. ANSWER: Defendant admitted hitting me in the back of my car. 10. Identify all health care practitioners from whom you sought diagnosis or treatment for the five years preceding the subject incident. ANSWER: Dr. Philip Neiderer 11. Identify all health care practitioners from whom you have received treatment as a result of injuries which you suffered in the subject incident. ANSWER: This information was previously supplied in the preceding set of interrogatories. Dr. Phillip Neiderer, 220 Wilson Street, #109, Carlisle, PA 17013 _ ?Dr. Mark Holencik, 50 Brookwood Ave., Carlisle, PA 17013 -Dr. Robert Beaudry, 3600 Old Gettysburg Road, Camp Hill, PA 17011- _ Dr. Nelson Hendler, 1718 Greenspring Valley Road, Stevenson, MD 21153, Dr. Gracia Etienne, 2401 W. Belvedere Ave., Baltimore, MD 21215 Dr. Avraam Karas, 5601 Lock Raven Blvd., Suite 404, Baltimore, MD 21239 Dr. Reginald Davis, 6569 North Charles Street, Baltimore, MD 21234 Dr. Hugo Benalcazar, 2014 Tollgate Road, Suite 201, Belair, MD 21015 Dr. Michael Kaplan, 680 Poole Rd., Westminster, MD 21157 Dr. Stephen Jacob, 6701 N. Charles St., Baltimore, MD 21204 Dr. Edward Krempasanko, 6701 N. Charles St., Baltimore, MD 21204 Dr. C.W. Gehris, Jr., 2112 Belair Rd. Suite 3, Fallston, MD 21047 Dr. Karry Thompson, 100 Cathedral St., Suite 1, Annapolis, MD 21401 Dr. David Coll, 5601 Lock Raven Blvd., Suite 103, Baltimore, MD 21239 Advanced Radiology, 1700 Reisterstown Rd, Suite 112, Baltimore, MD 21208 Walnut Bottom Radiology, 850 Walnut Bottom Rd., Carlisle, PA 17013 Alexander Spring Rehab, 27 Brookwood Ave., Carlisle, PA 17013 12. State in detail the nature of all injuries you claim you suffered as a result of the incident referred to in your Complaint and state the extent and nature of any disability arising therefrom. ANSWER: See medical records. TMJ, TOS, rotator cuff tear, herniated cervical discs with diskectomy and fusion. 13. Describe all employment for which you were rejected or for which you did not apply as a result of any physical or other injuries suffered in the subject incident, including: a. The identity of the potential employer; and b. The date(s) the position was open. ANSWER: See answers contained in deposition of May 31, 2002. 14. Identify all insurers or persons which have paid any benefit to you or others, including reimbursement for lost wages and medical expenses, as a result of injuries suffered in the subject incident. ANSWER: Susquehanna Pfaltzgraff - lost wages Health Assurance Blue Shield (present) 15. If, either prior to or subsequent to the subject incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the subject incident, state: a. The injury or disease you suffered; b. The date and place of any accident, if such injury or disease was caused by an accident; C. The identity of hospitals, doctors or practitioners who rendered treatment or examination because of such injury or disease; and d. The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. ANSWER: Before the accident I was lifting furniture with my brother-in-law and pulled a back muscle. I think I may have pulled my back muscles once or twice when I worked at Pfaltzgraff, but I recovered with no problems. I have had dizziness since the accident and have fallen a few times because of the dizziness. 16. If you have asserted any other claims as a result of the incident, state: a. The identity of any person against whom such a claim was asserted. b. The complete caption of any action brought against such person. C. The identity of the person's attorney. d. The identity of the person's insurer. ANSWER: None 17. In the event that any treatment provider has on your activities because of injuries sustained in determined functional limitations, state for each restrictions were imposed: a. the limitations and restrictions imposed; imposed limitations and restrictions the incident as a result of medically instance where such limitations and b. the date that they were imposed; C. the duration for which they were imposed; d. the identity of the treatment provider that imposed the limitation or restriction; e. the identity of any document that contains the limitations or restrictions. ANSWER: See medical records to be supplemented with reports. 18. State how each injury you sustained affected your normal activities, describe in detail the nature of such restraint and indicate any present disability and the percentage, if permanent. ANSWER: Rotator cuff tear and torn muscle. I had weakness in my right arm and shoulder pain constantly. Could not get comfortable in bed, had trouble finding a position to lay where I could stand the pain. The surgery eliminated about 80% of pain, but now my arm doesn't go over my head too good. I have some restricted movement. Thoracic Outlet: Pain constant down my arm, pins and needles, weakness. This surgery gave me the most relief, but I might need the other one done. Painful recovery. Neck surgery: Burning, pain, tingling sensation, sometimes numbness up the back of my head. Front of my head headache everyday. Usually not sharp, just a constant ache. Burning sensation and pain down between my shoulder blades. Dizzy spells, loss of balance. Could not get comfortable in bed, still cannot, extreme tiredness in my neck. Right after the accident I started suffering from vertigo. You manage somehow to live with it and I control my body to manage the dizziness. It's not as often since surgery. They tell me that eventually I will need #5 disc fixed because there's more wear and tear on it since the surgery. The surgery helped. I still have a lot of tiredness in my neck. No dull aches now. I still get headaches, not as bad. I am worried I won't be able to take care of myself someday. I am tired of the worrying and I'm tired of feeling bad. My kids say I'm forgetful. 19. State the nature and estimated costs of all future medical attention, evaluation and treatment which you have been advised you will require as a result of injuries allegedly sustained in the incident and state the name and address of the individual furnishing such opinion and estimate of costs. ANSWER: Unknown but expect yearly check up at least. Was told will need MRI's and x-rays and cervical disc fusion at another level in a few years. To be supplemented in reports. 20. As to each of your alleged damages, including medical expenses, state whether the expenses incurred have been paid and, if so, the source of payment. (Include duplicate payments). ANSWER: Some have been paid by me. Most by insurance. A schedule is being prepared in anticipation of trial. I lost some work between surgeries and recovering. I tried to schedule surgeries to minimize my lost wages. 21. Have you sustained any additional financial losses as a result of the incident complained of, other than those covered by the preceding Interrogatories? If so, state: a. The nature and amount of such losses; b. The date thereof; and c. The names and addresses of any persons to whom any money so claimed as additional loss was paid or incurred. ANSWER: I don't do yard work. I limit my activities. I don't know who would help if my girls weren't around. I lost some time from work submitted, Date: , t ,? 07 Dusan Bratic, Esquire ID 19249 101 South U.S. Route 15 Dillsburg PA 17019 Attorney for Plaintiffs VER/F/CA T/ON The undersigned says that the facts set forth in the foregoing answers are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A.. 4904, relating to unsworn falsifications to authorities. Sue Barbara Bisker Dated: ?? ?° SUE BARBARA BISKER V. Plaintiff IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-2624 CIVIL FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiffs Answer to Defendant's Second Request for Interrogatories and Production of Documents was furnished by hand delivery, this 5 h day of December, 2007 to: Wade D. Manley, Esquire Law Offices of Johnson Duffle 301 Market Street Lemoyne, PA 1704: Date: /l J b Dusan Bratic, Esq. ID 19249 Attorney for Plaintiff 101 South U.S. Route 15, Dillsburg PA 17019 (717) 432-9706 EXHIBIT "B" SUE BARBARA BISKER IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA Plaintiff V. CIVIL ACTION - LAW NO. 2000-2624 CIVIL FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LWE & FERTILIZER And RONALD LEE KELLY, Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS SET NO.2 The following are the Plaintiffs response to Defendants' Supplemental Request for Production of Documents. I. OBJECTIONS 1. Plaintiff objects to Defendant's Supplemental Request for Production to the extent that it calls for information already provided or known to Defendant or information available to Defendant from sources other than Plaintiff, which is equally accessible to Defendant and to Plaintiff. 2. Plaintiff objects to Defendant's Supplemental Request for Production to the extent it imposes requirements to respond or supplement Responses to Requests beyond those that are provided for in the Pennsylvania Rules of Civil Procedure. 3. Plaintiff objects to Defendant's Supplemental Request for Production to the extent it is overbroad, unduly and unreasonably burdensome and oppressive. 4. Plaintiff objects to Defendant's Supplemental Request for Production to the extent that it calls for information not known to Plaintiff, nor reasonably ascertainable by Plaintiff because such information is in the hands of or under the control of third parties not within Plaintiffs control. The General Objections asserted above shall be deemed to be applicable to and continuing with respect to each of Defendant's Supplemental Request for Production. The General Objections asserted above are incorporated into each and every one of Plaintiffs responses set forth herein. Such objections are not waived, nor in any manner limited, by any responses to any specific Request for Production. Plaintiff reserves the right to amend, supplement, or alter its responses to Defendant's Supplemental Request for Production at any time. II ANSWERS TO SPECIFIC REQUESTS 1. All reports of any investigation of the incident. ANSWER: No new investigations since answers to first set of Answers to Production. 2. All statements concerning the action or its subject matter as provided by Pa. R.C.P. No. 4003.4. ANSWER: None 3. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of the scene of the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: Previously provided in first set of Answers to Production. 4. All other photographs, videotapes, diagrams or other depictions of the scene of the incident. ANSWER: None at this time other than as previously provided. If ones are secured, they will be sent. 2 5. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any injuries or residuals of injuries from the incident, including photographs taken by you, experts and others. ANSWER: None at this time. To be supplied if becomes available 6. All other photographs, videotapes, diagrams or other depictions of any injuries or residuals of injuries from the incident. ANSWER: None -at this time. To be supplied if becomes available 7. Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any vehicles and/or property involved in the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: Previously provided in first set of Answers to Production. 3 8. All other photographs, videotapes, diagrams or other depictions of any vehicles and/or property involved in the incident. ANSWER: None 9. All bills by treatment providers from whom you received treatment for the injuries which you claim to have suffered in the incident. ANSWER: Plaintiff objects to Defendant's Supplemental Request for Production to the extent that it calls for information already provided or known to Defendant or information available to Defendant from sources other than Plaintiff, which is equally accessible to Defendant and to Plaintiff. These have been subpoenaed by your attorneys. You have copies. I signed medical authorizations on 8/15/05. Why is this request being made again? 10. All reports of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: Plaintiff objects to Defendant's Supplemental Request for Production to the extent that it calls for information already provided or known to Defendant or information available to Defendant from sources other than Plaintiff, which is equally accessible to Defendant and to Plaintiff. The reports I had were sent to C. Roy Weidner, Esq. on July 28, 2004. A certificate of service was filed. Enclosed is a report from Dr. Holencik to Dr. Neiderer dated 4/24/07. 4 s 11. All records of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: Plaintiff objects to Defendant's Supplemental Request for Production to the extent that it calls for information already provided or known to Defendant or information available to Defendant from sources other than Plaintiff, which is equally accessible to Defendant and to Plaintiff. You should have all records except for perhaps Dr. Davis and Dr. Holencik. 12. If you are claiming a loss of earnings or earning capacity, all of your federal, state and local income tax returns as filed and with attachments for the five years preceding the incident through the most recent such filing. ANSWER: Tax returns from 1994 through 2006 are attached. 13. If you are claiming a loss of earnings or earning capacity, all reviews of your employment performance by any employer for the five years proceeding the incident until the most recent such review. ANSWER: See Attached records from Pfaltsgraff and Cumberland Valley School District. 5 14. If you are claiming a loss of earnings or earning capacity, all letters, notices, or like communications from any employer relating to your employment for the five years preceding the incident until the most recent such communication. ANSWER: Plaintiff objects to Defendant's Supplemental Request for Production to the extent it is overbroad, unduly and unreasonably burdensome and oppressive Records from Pfaltzgraff and Cumberland Valley School District are attached. 15. If you are claiming a loss of earnings or earning capacity, all pay stubs, check stubs, direct deposit confirmations, or other such documents relating to any payments of compensation received by you from any employer for the year preceding the incident until the most recent such payment was received by you. ANSWER: Plaintiff objects to Defendant's Supplemental Request for Production to the extent it is overbroad, unduly and unreasonably burdensome and oppressive. These are covered in the tax returns and employment records. 16. If you are claiming a loss of earnings or earning capacity, all statements of employment related benefits provided to you by any employer for the five years preceding the incident until the most recent such statement was provided to you. ANSWER: Plaintiff objects to Defendant's Supplemental Request for Production to the extent it is overbroad, unduly and unreasonably burdensome and oppressive. See enclosed records from Pfaltzgraff and from Cumberland Valley School District. 6 17. If you are claiming a loss of earnings or earning capacity, any publication describing your fringe benefits. ANSWER: To be supplied with vocational expert when expert report is made available. 18. If you are claiming a loss of earnings and earning capacity and received workers' compensation benefits as a result of the incident, all of the following documents related to your workers' compensation claim: (a) wage statements; (b) notices of compensation payable; (c) compensation agreements; (d) awards of compensation; (e) supplemental agreements; and (f) decisions terminating, suspending or modifying compensation, or approving commutations or settlement and release agreements. ANSWER: N/A 19. All declaration pages or similar documents relating to insurance benefits available to you as a result of the incident. ANSWER: Previously supplied in past answers to Production of Documents. 20. All applications or other forms relating to any insurance benefits claimed by you as a result of injuries that you claim to have suffered in the incident. ANSWER: Objection as to being confusing and not relevant to the extent applicable. There are no other insurance benefits available other than BC/BS through employer. 7 J s 21. All statements by any insurer relating to any acceptance, denial or payment of any claim by you for insurance benefits as a result of injuries that you claim to have suffered in the incident. ANSWER: Previously supplied dec. sheet for Nationwide. 22. All statements by any insurer stating the amount or amounts of benefits paid to you as a result of injuries that you had claim to have suffered in the incident. ANSWER: You have subpoenaed information for health care providers should be in your possession. Authorizations were signed by me on 8/15/05 to Susquehanna Rehabilitation Services. 23. All documents about which you intend to question any witness (including non- party witnesses) at any deposition. ANSWER: This question is overly broad and is objected to as being obdurate and vexatious. No such determination has been made. 24. All documents about which you intend to question any witness (including non- party witnesses) at trial. ANSWER: This question is overly broad and is objected to as being obdurate and vexatious. No such determination has been made. 8 25. All documents which you intend to use as exhibits at trial. ANSWER: To be supplied prior to trial. Expect the same to be medical records and anatomical models as well as photos of scene, Plaintiff's vehicle, thoracic outlet surgery procedure scars. 26. All reports of expert witnesses whom you intend to call at trial. ANSWER: To be supplied prior to trial. 27. All documents which you intend to offer as evidence at trial. ANSWER: To be supplied prior to trial. Expect the same to be medical records and anatomical models as well as photos of scene, Plaintiff's vehicle, thoracic outlet surgery procedure scars. 28. All documents which you intend to otherwise use at trial. ANSWER: To be supplied prior to trial. Expect the same to be medical records and anatomical models as well as photos of scene, Plaintiff's vehicle, thoracic outlet surgery procedure scars. 9 29. All documents identified or referred to in your answers to interrogatories. ANSWER: This question is objected to as being confusing. This question has been asked two or three times in a different format. 30. Any release or other agreement entered into by you or on your behalf settling, reducing, releasing or limiting the liability to you of any other person arising from or relating to the incident, whether or not that person is a party to this action. ANSWER: None 31. Any pleadings (including any praecipe, writ or appearance) relating to any other action filed by you or on your behalf as a result of the incident. ANSWER: See attached complaint: Bisker et al v. Coventry Health Care Inc. Date: 10 Dusan Bratic, Esquire ID 19249 101 South U.S. Route 15 Dillsburg PA 17019 Attorney for Plaintiffs a • VERIFICATION The undersigned says that the facts set forth in the foregoing answers are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A., 4904, relating to unsworn falsifications to authorities. Sue Barbara Bisker Dated: 1 Z1 7,00 i SUE BARBARA BISKER Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HI DENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER And RONALD LEE KELLY, Defendants IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2000-2624 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I- HEREBY CERTIFY that a true and correct copy of the Plaintiffs Answer to Defendant's Second Request for Interrogatories and Production of Documents was furnished by hand delivery, this 5a' day of December, 2007 to: Wade D. Manley, Esquire Law Offices of Johnson Duffie 301 Market Street Lemoyne, PA 17043 Date: /l J b Dusan Bratic, Esq. ID 19249 Attorney for Plaintiff 101 South U.S. Route 15 Dillsburg PA 17019 (717) 432-9706 EXHIBIT "C" i " JERRY R. DUFFIE RICHARD W.STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A.STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 August 1, 2008 Re: Sue Barbara Bisker v. Fred W. Hildenbrand, et al. No. 00-2624 Civil Term Cumberland County C.P. Claim No. 52-307152-002 YK Dear Dusan: MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN (1965-2006) WRITER'S EXT. NO. 119 E-MAIL crw(9jdsw.com rIL r COPY In response to the Authorizations signed by your client, enclosed you will find a copy of the medical records we received in the above matter. Also, to get discovery concluded in this matter, I plan to request another status/discovery scheduling conference. In accordance with C.C.R.P. 208.2(d), please advise of your concurrence by returning the enclosed copy of this letter checked accordingly in the enclosed pre-addressed, pre- paid envelope. If I do not receive your response by the end of the next business week, I will assume that you do not concur and indicate that to the Court. If you have any questions or comments, please do not hesitate to call. If you call other than during our normal business hours, which are 8:30 a.m. to 5:00 p.m. on weekdays, my voice mail extension is #159. Please feel free to leave a message, and I will return your call. If you would prefer, you may contact me through my direct e-mail address, elz(cDidsw.com. eiz:340179 5774-340 Enclosures c: Cheryl Pine, Litigation Specialist 1 Concur I Do Not Concur 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAILQJDSW.COA%I i(AKON DUFFIE Very trulieider, JOHNSFIE, STEWART & WEIDNER C. Roy Jr. JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. E? 'T1 tk ?.i :w AUG 15 jW8 64 Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com klb@jdsw.com SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, on this day of , 2008, Defendants' Motion for a Status Conference to Establish a Final P4-Trial Discovery Schedule and Deadlines is GRAN ED and a Status Conference will occur on the day of ,0 A,1 2008, at 3; 2 4A+/p.m. in Courtroom No. or the f 4 Chambers of the undersigned. BY THE COURT: A?-L J. -J?- ' C r 00 SUE BARBARA BISKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 00-2624 CIVIL FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, individually and doing business as HILDENBRAND LIME & FERTILIZER, and RONALD LEE KELLY, Defendants JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this 7-8' day of August, 2008, the status conference in the above matter set for September 5, 2008, is continued to Thursday, October 9, 2008, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. /san Bratic, Esquire For the Plaintiff X. Roy Weidner, Jr., Esquire For the Defendants Am BY THE COURT, ?v. ? co ccti ; A- SUE BARBARA BISKER, Plaintiff VS. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, individually and doing business as HILDENBRAND LIME & FERTILIZER, and RONALD LEE KELLY, Defendants ORDER AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2624 CIVIL : JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE 9 ? day of October, 2008, following the status conference held on October 9, 2008, it is hereby ordered that: 1. Within thirty (30) days of the date of this order, Plaintiff shall provide Defendants with copies of all of Plaintiff's medical records and reports to date in Plaintiff's possession not heretofore provided to or obtained by Defendant's counsel. Plaintiff shall be under a duty to supplement such discovery by obtaining any additional medical records and reports resulting from ongoing evaluation and treatment and by providing them to Defendants' counsel within ten (10) days of receipt. The medical records subject to this order are those that are relevant to this accident and for a period not preceding five (5) years of the accident. 2. Within sixty (60) days of the date of this order, Plaintiff shall supplement Defendants' medical expense records with a statement of all medical expenses incurred to date for treatment of accident-related injuries, and supporting documentation, such as medical bills, provider's statements of account and insurance explanation of benefits forms, as well as any statements relating to subrogation claims relating to medical treatment expenses resulting from treatment of Plaintiff's accident-related injuries other than those records which the Defendant has secured by way of subpoena or secured through authorizations signed by the Plaintiff. Within thirty (30) days of this order the Defendants shall provide the Plaintiff with a schedule of all medical expenses that have been secured or subpoenaed by them heretofore. Said information shall be stated by provider and date. Plaintiff shall be under a duty to supplement such discovery upon receipt of additional such supporting documents by providing them to Defendants within ten (10) days of receipt. The Defendant shall likewise be under a duty to supplement any medical expense records received within ten (10) days of receipt. 3. Within thirty (30) days of the date of this order, Plaintiff shall provide Defendants with an itemization of out-of-pocket expenses incurred to date for medical care and treatment of accident-related injuries, and supporting documentation such as medical bills, provider's statements of account, insurance explanation of benefits forms (to the extent available), cancelled checks and receipts. Plaintiff shall be under a duty to supplement such discovery upon receipt of additional such supporting documents by providing them to Defendants within ten (10) days of receipt. 4. Within thirty (30) days of the date of this order, to the extent not heretofore provided, Plaintiff shall provide Defendants copies of Plaintiff's federal, state and local income tax returns as filed and with attachments for the years 1998 through 2007. In the event that Plaintiff is unable to supply such returns, she shall, within such time, execute authorizations allowing Defendants to obtain them from the Internal Revenue Service and to obtain wage information from the Social Security Administration. Plaintiff shall provide Defendants with copies of IRS W-2, 1099 and K-1 forms and similar income reporting forms for 2008 within ten (10) days of receipt. 5. Within sixty (60) days of the date of this order, Plaintiff shall provide Defendants with copies of the reports of any experts, including narrative reports by Plaintiff's testifying physicians, whom Plaintiff intends to call or videotape as expert witnesses at trial in compliance with Pa.R.C.P. No. 4003.5, together with copies of any records not previously provided to Defendants reviewed by such experts to prepare such reports. 6. Upon receipt of the last of Plaintiff's expert reports and supporting documentation pursuant to paragraph 5 above, Defendants shall have forty-five (45) days within which to provide Plaintiff's counsel written notice of their intention to engage the services of any rebuttal experts, provide the identity of those experts and the date established with any such experts for any physical and mental examination or earning capacity evaluation by any such expert within ten (10) days of the receipt of the same. In the event that an examination or evaluation of Plaintiff is not required by any rebuttal expert engaged by Defendants, Defendants shall provide Plaintiff's counsel with a report by any such expert within sixty (60) days of receipt of Plaintiff's final expert report pursuant to paragraph 5 above. This shall not entitle Defendant to another examination of Plaintiff by a physician in regard to Plaintiff's physical condition unless ordered by the Court pursuant to Pa.R.CP. No. 4010. This shall only apply if Plaintiff's counsel provides an earning capacity evaluation report pursuant to paragraph 5 above. This order shall not preclude any party from requesting a reasonable extension of time for completion of the matters set forth herein for good cause, or from precluding the parties from extending the times herein by agreement. However, it is the intent of the parties and this court to have this case ready and listed for trial during the April 13 term in 2009. BY THE COURT, Dusan Bratic Esquire For the Plaintiff ? C. Roy Weidner, Jr., Esquire For the Defendants Am 'OF 14-S io/cd/oS tzn Kevin A/1-less. J. R? ,: 01 -C, -17A a Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received and a copy of the waiver of 20- day objection period is attached; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: By? C. Roy Weidner, Jr. :355885 5774340 2- 12_ Z, Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 SUE BARBARA BISKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2624 CIVIL TERM V. CIVIL ACTION - LAW FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and JURY TRIAL DEMANDED d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Dusan Bratic, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the records from Nationwide Insurance and Steven B. Silervman Esquire of Tucker Arensberg, P.C. Date: t /(? d By: Dusan Bratic Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I. D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants SUE BARBARA BISKER, Plaintiff V. FRED W.'HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Sue Barbara Bisker, Plaintiff c/o Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Date: ? By: ? C. Royli?'Veidil! :355885 5774-340 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER, Plaintiff vs. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LUvIE & FERTILIZER and RONALD LEE KELLY, Defendants TO: Nationwide Insurance, 1000 Nationwide Drive, Harrisbure, PA 17110 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all documents including entire first-party benefits file, all memoranda, reports, statements, medical records, medical bills, payment or denial information, phone messages, adjuster notes, expert reports, photographs, policy information and any other documentation pertaining to Sue Barbara Bisker; D.O.B: 06/25/1949; Social Security No.: 205-36-9954; Claim No.: 58 37 C 069436 05011998 01. at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.• NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 00-2624 CIVIL TERM ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER, Plaintiff VS. File No. 00-2624 CIVIL TERM FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthAssurance c/o Steven B SilvermanEsquire Tucker Arensberg, P.C., 1500 One PPG Place, Pittsburgh, PA 15222 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents related to Plaintiffs claim for payment of benefits by HealthAssurance as a result of injuries suffered in the 05/01/1998 motor vehicle accident, including statements, bills or invoices submitted by healthcare providers, denials of payment, explanations of benefits, correspondence and other documents relating to submission of providers' bills for payment as well as pleadings in the suit captioned Sue Barbara Bisker, et al. vs. Coventry Health Care, Inc. t/d/b/a HealthAssurance; Court of Common Pleas of Dauphin County; Civil No.: 2004 CV 1353. at C Roy Weidner Jr Johnson Duffie Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this day of 2009, the undersigned does hereby certify that she did this date serve a copy of the fo going document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 U. S. Route 15 South Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWART &-WEIDNER By: Elizat eth L. CERTIFICATE OF SERVICE 2 -'V AND NOW, thisi day of ?u??1 2009, the undersigned does hereby certify that she did this date serve a copy of the fore ng document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dusan Bratic, Esquire Bratic & Portko 101 Office Center, Suite A 101 U. S. Route 15 South Dillsburg, PA 17019 JOHNSON, DUFFIE, STEWART & WEIDNER By: r liza L. Ziegler f'_ 7 N t? ?, ? `r? ..7', ! _? ?'_' `tt , ? ._. ?? ?? `r' °?- . __._ ??. POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 SUE BARBARA BISKER, Plaintiff, vs. Attorneys for Defendants Fred W. Hildenbrand and Russell J. Hildenbrand, Individually and D/b/a Hildenbrand Lime & Fertilizer and Ronald Lee Kelly IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants. CIVIL ACTION - LAW NO. 00-2624 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendants, Fred W. Hildenbrand and Russell J. Hildenbrand, Individually and D/b/a Hildenbrand Lime & Fertilizer and Ronald Lee Kelly, on whose behalf a jury trial is hereby demanded. POST & SCHELL, P.C. By: Dated: February 24, 2009 Attorneys for Defendants Fred W. Hildenbrand and Russell J. Hildenbrand, Individually and D/b/a Hildenbrand Lime & Fertilizer and Ronald Lee Kelly CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C. do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Dusan Bratic, Esquire Bratic & Portko 101 Office Center Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 L TV"A-. TO S DATE: February 24, 2009 P'1 r y CX7 t': Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 E-mail: crw@jdsw.com SUE BARBARA BISKER, Plaintiff V. FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, Individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2624 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED . PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this day of February, 2009, withdraw the appearance of C. ROY WEIDNER, JR., I.D. No. 19530, on behalf of Defendants in the above-captioned suit. JOHNSON, DUFFIE, STEWART & WEIDNER C. Roy Weidner, Jr. By. :358683 5774-340 C ' ra as: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SUE BARBARA BISKER TERM, CUMBERLAND -VS- CASE NO: 00-2624 HILDENBRAND LIME & FERTIZER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. MCS on behalf of DATE: 04/08/2009 /S/l jregory _)qirtzeC (C34. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265877 35138-L01 Ht'K-1b-20U'3 x.3:33 U4/UU/LUUtl 14.14 rAA 2601 Market Street; Suite 800„ pWkdWpbk Peoreyhmda 19103 M-5)246-09M Pax Wombat (7.15) 246 - 0959 URGENT! ! ! ! ! URGENT! I ! ! ! P.01/02 Ifj UUI/UkJ2 URGENT! ! ! t r APRIL 9, 2009 SUSAN BISUR SUE BARBARA BISKER Vs HILDENBRAND LIMP. & FERTIZER POST & SCHELL GREGORY BMTZEL, ESQ- - () - We have been requested by the above-mentioned counsel to obtain material on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Rules 4009.21 and 4009.22. Please fax this form to us immediately at (215) 246.0959 with your sizature so that we may comply with this request Your cooperation, would be gmady appreciated. Sincerely, DARNELL SALEEM \i Custodians: ( Note: see enclosed list of locations Counsel: DUSAN BRATIC, ESQ. (7I L4322-49Y,220 I agree to waive waiting period Date: Y /l6 /U Copies: Yes No I agree to pay the invoice provided with the docuanenb Review Documents: Yes No Advise of Cost - - I do not agree to waive Me: Date: Billing Info: 82.17 116-H RbZ i-aO116h9 35138-COI APR-16-2009 13:33 7 V 7! V V! 4 V V V 17 4 4 I i'1 t1 P. 02/02 1?( VVL/ V VL >a7 LOCATION LIST <<< PAGE: 1 LOCATYON r RECORDS RBaoSSTIID MstAm ASSOCIATES, INC. ALEX UMNR BpRnm Ru", INC. CVS PHARMACY GREATER BALTIMORE MSDZCAL CTR GREATER BALTIMORE MEDICAL CTR GREATER SAMIMORE WMICAL CTR BLUE CROSS BLUE SHIMM HICHMM, INC. CARLISLE REGIONAL MEDICAL CTR. JOHNS HOPKIN'S BOSPITAL JOXV HOpxnQ3 HOSPITAL JOHN HOPKINS UNZVERS=TY 110Sp CONSERVATIVE ORTHOPEDIC$ 1!2.17 116-H MDICAL RECORDS MEDICAL, SILLIM, AND X-RAY(S) PR$9(RxPTXQx/PEARIdACsCPS chL REoms MEDICAL RECORDS BILLING ONLY X-RAY ONLt ?TSi1RANC8 XOSURANCE ANY AM ALL DIAMSTIC FILMS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) RRWI-0017649 35138-C01 TOTAL P.02 I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CASE NO: 00-2624 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DUSAN BRATIC, ESQ., PLAINTIFF COUNSEL MCS on behalf of GREGORY HIRTZEL, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/08/2009 MCS on behalf of GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT CC: GREGORY HIRTZEL, ESQ. DUSAN BRATIC, ESQ. BRATIC & PORTKO 101 SOUTH U.S. ROUTE 15 SUITE A DILLSBURG, PA 17019 - 554-139745 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R2.17 116-H DL02-0499534 35138-COl >>> LOCATION LIST «< PAGE: 1 LOCATION NAME RECORDS REQUESTED MASLAND ASSOCIATES, INC. ALEXANDER SPRING REHAB, INC. CVS PHARMACY GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR GREATER BALTIMORE MEDICAL CTR BLUE CROSS BLUE SHIELD HIGHMARK, INC. CARLISLE REGIONAL MEDICAL CTR. JOHNS HOPKINS HOSPITAL JOHN HOPKINS HOSPITAL JOHN HOPKINS UNIVERSITY HOSP CONSERVATIVE ORTHOPEDICS MEDICAL RECORDS MEDICAL, BILLING, AND X-RAY(S) PRESCRIPTION/PHARMACEUTICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY INSURANCE INSURANCE ANY AND ALL DIAGNOSTIC FILMS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) R2.17 116-H DE02-0499534 35138-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER VS. File No. 00-2624 HILDENBRAND LIME & FERTIZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MASLAND ASSOCIATES- INC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER * * * * at The MC Group- Inc 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you,fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ES ADDRESS: 1857 WILLIAM PRNN W, TELEPHONE: -(15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TH OURT: Prot onotary/C A ivision Date: Deputy ??/'SF?09 Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MASLAND ASSOCIATES, INC. 220 WILSON STREET SUITE 109 CARLISLE, PA 17013 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING PHYSICAL THERAPY RECORDS, HOSPITAL RECORDS, TEST REPORTS & ANY OTHER RECORDS FROM DATE OF HER INITIAL OFFICE VISIT, UP TO & INCLUDING 9/1/89 & FROM 12/26/2007 UP TO THE PRESENT. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : SUSAN BISKER 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: XXX-XX-9954 Date of Birth: 06-25-1949 R2.17 116-H SU10-0780976 35138-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SUE BARBARA BISKER TERM, CUMBERLAND -VS- CASE NO: 00-2624 HILDENBRAND LIME & FERTIZER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 MCS on behalf of /S/ re?orr? -Artzef, 6i, GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265881 35138-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER File No. 00-2624 VS. HILDENBRAND LIME & FERTIZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records forALEXANDER PRIM REHAB, INC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street- Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ESO ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCAST R, PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T OURT: ProtKonotary/??1, vi ivision Date: #11q109 Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB, INC. 27 BROOKWOOD AVENUE CARLISLE, PA 17013 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 01-01-1996 to 12-01-2006. Subject : SUSAN BISRBR 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: XXX-XX-9954 Date of Birth: 06-25-1949 82.17 116-H SU10-0780979 35138-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SUE BARBARA BISKER TERM, CUMBERLAND -VS- CASE NO: 00-2624 HILDENBRAND LIME & FERTIZER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. MCS on behalf of DATE: 04/08/2009 /S/ C-0994 -Artzef 6!! GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265883 35138-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER File No. 00-2624 VS. HILDENBRAND LIME & FERTIZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CVS PH RMACY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * at The MCS Group, Inc.- 1601 Market reet, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ES ADDRESS: 1857 WILLIAM PENN W, TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T COURT: Pro onotary/ ivil ivision Date: Ito Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CVS PHARMACY ONE CVS DRIVE WOONSOCKET, RI 02895 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. LOC: 1275 YORK ROAD, GETTYSBURG, PA 17325 Entire prescription and/or pharmaceutical file, including but not limited to any and all records, reports, correspondence, memoranda, complete history and payment records, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : SUSAN BISKER 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: 205-36-9954 Date of Birth: 06-25-1949 R2.17 116-H SU1o-07809e0 35138-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 00-2624 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 MCS on behalf of /S C j ?regores _j irtzel, e?'q. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265887 35138-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER File No. 00-2624 VS. HILDENBRAND LIME & FERTIZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREATER BALTIMORE MEDIA TR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group. Inc.. 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. E ADDRESS: 1857 WTT.T,TAM PENN Vi TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Prothonotary/Cle i ' ision Date: Deputy ? /5f?09 Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR MEDICAL RECORDS 6701 N. CHARLES ST. BALTIMORE, MD 21204 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING IN/OUTPATIENT RECORDS. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : SUSAN BISRBR 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: XXX-XX-9954 Date of Birth: 06-25-1949 R2.17 116-H SU10-0780982 35138-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 00-2624 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 MCS on behalf //o//f D/ /S/eo3ory??tirtzel, ?9. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265889 35138-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER VS. HILDENBRAND LIME & FERTIZER File No. 00-2624 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREATER BALTIMORE MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED TDER * * * * at The MCS Group, Inc., 1601 Market Street Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ES ADDRESS: 1857 WILLIAM PENN W, TELEPHONE: 12151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Pro onota er iv' Division Date: Deputy W?ly/09 Seal of the Court EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR BILLING DEPT. 6701 N. CHARLES ST. BALTIMORE. MD 21204 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : SUSAN BISRBR 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: 205-36-9954 Date of Birth: 06-25-1949 82.17 116-H SU10-0780984 35138-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 00-2624 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 MCS on behalf //o//f //?? /S/ l-/regory Jdirtze6, ej?j. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265893 35138-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER VS. HILDENBRAND LIME & FERTIZER File No. 00-2624 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GREATER BALTIMORE MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED ID ER * * * * at The MCS Group. Inc.. 1601 Market Street, Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ESQ. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER PA 17605 TELEPHONE : 01246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant UR T: BY AZC4( Pro onota evil ivision Date: OyLoq Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREATER BALTIMORE MEDICAL CTR RADIOLOGY RECORDS DEPT 6701 N. CHARLES ST. BALTIMORE, MD 21204 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : SUSAN BISKER 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: 205-36-9954 Date of Birth: 06-25-1949 82.17 116-H SU10-0780986 35138-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 00-2624 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. MCS on behalf of DATE: 04/08/2009 /S q_i:___q0ry_)Qrtze1 GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265895 35138-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER VS. HILDENBRAND LIME & FERTIZER File No. 00-2624 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BLUE CROSS BLUE SHIELD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group. Inc.- 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ESQ. ADDRESS: 1857 WILLIAM PENN WAY P. O. BOX 10248 LANCASTER. PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Prot onotary/ r , C' it ivision Deputy Date: y /y o Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BLUE CROSS BLUE SHIELD 2500 ELMERTON AVENUE HARRISBURG. PA 17177 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY # QBD205369954 GROUP #020491035 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiffs claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. subject : SUSAN BISRBR 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: XXX-XX-9954 Date of Birth: 06-25-1949 Date of Loss: 05/01/1998 R2.17 116-H SU10-0780988 35138-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 00-2624 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 MCS on behalf //of aa /S/ jre ory J?tirtzel, ?3q. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265899 35138-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER File No. 00-2624 VS. HILDENBRAND LIME & FERTIZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HIGHMARK, INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at. The MCS Group- Inc., 1601 Market Street, Suite 800, Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ES ADDRESS: AS57 WILLIAM PENN W, TELEPHONE: ,(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: EL Pro onotary/ ,v' ivision Deputy Date: y / Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HIGHMARK, INC. MAIL BOX 89 SUBPOENA COMPLIANCE CAMP HILL, PA 17089 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. POLICY #ZAH205369954 GROUP #2863000 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiffs claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : SUSAN BISRLR 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: 205-36-9954 Date of Birth: 06-25-1949 Date of Loss: 05/01/1998 R2.17 116-H SU10-0780990 35138-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 00-2624 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 MCS on behalf of D /S/ regol Airtze6, e--q. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12 -0265901 3 513 8 - L0 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER VS. HILDENBRAND LIME & FERTIZER File No. 00-2624 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED IDFR * * * * at The MCS Group,, Inc.- 1601 Market Street, Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ES ADDRESS: 1857 WILLIAM PENN W, TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Prot ono er C it ivision Deputy Date: Lo q Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR. 361 ALEXANDER SPRING RD RADIOLOGY DEPT CARLISLE, PA 17013 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all diagnostic films and tests, including but not limited to MRI films, CAT scans, EEGs, EKGs, EMGs, and subsequent reports, including any and all such pertaining to: Dates Requested: from: 05-01-1998 to the present. Subject : SUSAN BISKER 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: XXX-XX-9954 Date of Birth: 06-25-1949 82.17 116-H SU10-0780992 35138-L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 00-2624 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 MCS on behalf of D /S/ cregortf / ?tirt' e4q GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265905 35138-L10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER File No. 00-2624 VS. HILDENBRAND LIME & FERTIZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOHNS HOPKINS HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS rojW Inc.. 1601 Market Street, pit 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL ESO ADDRESS: 1857 WILLIAM PENN WAY -P. O. BOX 10248 -LANCASTER, PA 17605 TELEPHONE: -(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: BY THE COURT. Prot notary it ivision Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHNS HOPKINS HOSPITAL MEDICAL RECORDS 600 N. WOLFE STREET BALTIMORE, MD 21287 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING IN/OUTPATIENT RECORDS OR BY ANY AFFILIATED PHYSICIANS OR CONSULTANTS. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : SUSAN BISKER 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: 205-36-9954 Date of Birth: 06-25-1949 R2.17 116-H SU10-0780994 35138-L10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: SUE BARBARA BISKER -VS- HILDENBRAND LIME & FERTIZER COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 00-2624 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 MCS on behalf of /S_ ? /regorc? /irtze/? l' e4?j. GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265907 35138-Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER File No. 00-2624 VS. HILDENBRAND LIME & FERTIZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for _ JOHN HOPKINS HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER at The M Group- Inc. 1601 Market Street. Site 800, Philadelphia, PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ES ADDRESS: 1857 WILLIAM PENN W. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: /y A9 BY THE C URT: del Protho otary/C , ivil ision Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN HOPKINS HOSPITAL BILLING DEPT. 600 N. WOLFE STREET BALTIMORE, MD 21287 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : SUSAN BISXSR 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: 205-36-9954 Date of Birth: 06-25-1949 82.17 116-x SU10-0780996 35138-Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SUE BARBARA BISKER TERM, CUMBERLAND -VS- CASE NO: 00-2624 HILDENBRAND LIME & FERTIZER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. MCS on behalf of DATE: 04/08/2009 /S 1../re_9ory _j irtzef, C3?t GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT R2.17 120-H DE12-0265911 35138-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER File No. 00-2624 VS. HILDENBRAND LIME & FERTIZER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOHN HOPKIN UNIVERSITY HOSP (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED IDER * * * * at The MCS Group. Inc.. 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL. ES ADDRESS: 1857 WILLIAM PFNN W, TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothonotary/Cl vi D' Sion Date: Deputy 4 Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN HOPKINS UNIVERSITY HOSP RADIOLOGY DEPARTMENT 600 N. WOLFE STREET BALTIMORE, MD 21205 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. subject : SUSAN BISRBR 276 OXFORD ROAD, GARDNERS, PA 17324 Social Security #: XXX-XX-9954 Date of Birth: 06-25-1949 82.17 116-H SU10-07e099e 35138-L12 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS SUE BARBARA BISKER TERM, CUMBERLAND -VS- CASE NO: 00-2624 HILDENBRAND LIME & FERTIZER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GREGORY HIRTZEL, ESQ. certifies 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 days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. DATE: 04/08/2009 R2.17 120-H MCS onn, behalf of /S/ cregorci _14irtzel ejj_ GREGORY HIRTZEL, ESQ. Attorney for DEFENDANT DE12-0265913 35138-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUE BARBARA BISKER VS. HILDENBRAND LIME & FERTIZER File No. 00-2624 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CONSERVATIVE ORTHOPEDICS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTACHED RIDER * * * * at The MCS Group, Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GREGORY HIRTZEL, ES ADDRESS: 1857 WILLIAM PENN W. TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Prot notary lCler vil rvision Date: /.f 0 Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CONSERVATIVE ORTHOPEDICS 40 BROOKWOOD AVENUE CARLISLE. PA 17013 RE: 35138 SUSAN BISKER Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: from: 04-24-2007 to the present. Subject : SUSAN BISKER 276 OXFORD ROAD, GARDNERS, PA 17324 social security #: XXX-XX-9954 Date of Birth: 06-25-1949 82.17 116-H SU10-07slooo 35138-L13 FILM- - .)Mr CE OF THE: 2009 APR 21 Pry 3: 16 i 4 1 .t1- i J5 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 SUE BARBARA BISKER, Attorneys for Defendants Fred W. Hildenbrand and Russell J. Hildenbrand, Individually and D/b/a Hildenbrand Lime & Fertilizer and Ronald Lee Kelly Plaintiff, VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA FRED W. HILDENBRAND and RUSSELL J. HILDENBRAND, individually and d/b/a HILDENBRAND LIME & FERTILIZER and RONALD LEE KELLY, Defendants. CIVIL ACTION - LAW NO. 00-2624 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the Plaintiff's claims in the above-captioned matter settled, discontinued and ended as to all parties with prejudice. BRAW & PORTKO BY: Dusan Bratic, Esquire Attorney for Plaintiff DATE: /2-/6- 6 9 117, YAR 2609 DEC 18 AM 11: 32